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

Vol. 143 WASHINGTON, THURSDAY, JULY 17, 1997 No. 102 House of Representatives The House met at 10 a.m. GOVERNMENT CANNOT BUILD temporary help industry is exploding. The Chaplain, Rev. James David PROSPERITY; ONLY FREE INDI- Workers can no longer count on work- Ford, D.D., offered the following pray- VIDUALS CAN ing for the same employer for their en- er: (Mr. BALLENGER asked and was tire lives. Now is the time for Federal With all the wonderful traditions given permission to address the House policy to promote a high-wage/high- that have blessed our lives, we pray, for 1 minute and to revise and extend skill economy which values workers gracious God, that we will be more ap- his remarks.) and encourages employers to invest in preciative of the families who have Mr. BALLENGER. Mr. Speaker, I the skills and long-term productivity nurtured us along the way and given us often wonder if the other side has for- of working people. But the independent contractor pro- the very gift of life. For mothers and gotten what motivated people from vision in the Revenue Reconciliation fathers, for grandparents and relatives, every corner of the globe to come to Act would reclassify and misclassify and for all those people who fostered our shores throughout history. Indeed, American working people as independ- our growth and looked to our care, we the forefathers of the very same people offer words of thanksgiving and grati- ent contractors without wage and ben- who reflexively attack the idea of tax efit guarantees, without unemploy- tude. We recognize that as we give cuts as tax cuts for the rich came to value to our family heritage and honor ment or worker’s compensation, with- America to escape government oppres- out prevailing wage, minimum wage, our own history, we strengthen our sion, to escape the idea that govern- own lives and gain the power to share without protections or equal employ- ment has a higher claim to the fruits of ment protections. It would reduce these same gifts with those who follow your labor than you and your family us. In Your holy name, we pray. Amen. American workers. do. The last time we had a system like America as a land of opportunity was f the independent contractor provision, not built into a rich and prosperous we had an America that was filled with Nation by this way of thinking. In fact, company stores. We are not going back THE JOURNAL America is a land of opportunity for to that era. The SPEAKER. The Chair has exam- reasons which are exactly the opposite We have to value American workers, ined the Journal of the last day’s pro- of this way of thinking. invest in them, and give them an op- ceedings and announces to the House Government cannot build prosperity. portunity to support their families his approval thereof. Only free individuals can. with decent wages and to have decent Pursuant to clause 1, rule I, the Jour- Americans became rich because free benefits. nal stands approved. individuals had dreams, took risks, and f worked hard to realize those dreams. f The other side might wish to remem- CUT TAXES FOR WORKING ber that their rhetoric has absolutely FAMILIES PLEDGE OF ALLEGIANCE nothing to do with making America (Mr. ROGAN asked and was given more free, nothing to do with telling permission to address the House for 1 The SPEAKER. Will the gentleman children to dream great dreams, and minute and to revise and extend his re- from North Carolina [Mr. MCINTYRE] nothing to do with making a nation marks.) come forward and lead the House in the prosperous. It is very sad to see. Mr. ROGAN. Mr. Speaker, one of the Pledge of Allegiance. f most important debates that will occur Mr. MCINTYRE led the Pledge of Alle- during this Congress is whether this giance as follows: INDEPENDENT CONTRACTOR PRO- Congress will send more money back to I pledge allegiance to the Flag of the VISION OF THE REVENUE REC- the people who work for a living and United States of America, and to the Repub- ONCILIATION ACT WOULD RE- earn that money. As one might expect, lic for which it stands, one nation under God, DUCE AMERICAN WORKERS we are hearing both sides in this debate indivisible, with liberty and justice for all. (Mr. KUCINICH asked and was given talking about tax cuts. f permission to address the House for 1 But let’s look at the record. Repub- minute and to revise and extend his re- licans have controlled Congress for the marks.) last two Congresses. In each of those ANNOUNCEMENT BY THE SPEAKER Mr. KUCINICH. Mr. Speaker, our Congresses we have passed tax cuts for The SPEAKER. The Chair will enter- country is going through a major tran- working men and women in this coun- tain 10 one-minutes on each side. sition in employment relations. The try.

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.

H5407 H5408 CONGRESSIONAL RECORD — HOUSE July 17, 1997 For 40 years before that, the other Mr. GIBBONS. Mr. Speaker, this is PORKER OF THE WEEK AWARD side controlled this Congress. When the end of the week. By now we have (Mr. HEFLEY asked and was given they began their reign in 1955, Ameri- heard all the exhaustive cries of our permission to address the House for 1 cans paid about 10 percent of their in- liberal friends over here that the Re- minute and to revise and extend his re- come in taxes. publican tax bill provides tax cuts for marks.) Today, thanks to their pattern of the rich and, as they will have us be- Mr. HEFLEY. Mr. Speaker, an inves- continuing tax increases, for the first lieve, the rich do not deserve a tax tigation by the inspectors general of time in American history the average break. the Department of Health and Human family spends more in taxes than they However, a close look at who they Services found that a $15.3 million spend for food, clothing, and shelter label as ‘‘rich’’ is very revealing. In training program based at the Univer- combined. fact, it reveals a tale of deception on sity of Mississippi, underwritten with When we look at the record, this every American worker. According to a Federal tax dollars, was only 8 percent shows which party has real credibility recent independent study, the Demo- effective. The goal of this program was on this issue. The other side fights tax cratic definition of rich is the total in- to help participants earn the equiva- cuts today by calling them tax cuts for come of any household making more lent of a high school diploma, the GED. the rich. Who are the so-called rich than $56,200 a year. They contend, Yet, for all the money spent, just 720 that the liberals refer to? They are therefore, that 1.7 million union mem- of the 4,300 participants even took the talking about foundry workers, school- bers are too rich to deserve tax cuts, GED exam. Of those, only about half teachers, machinists, and police on the 2.4 elementary and high school school- passed and went on to receive the GED beat. This is who they deem to be the teachers are too rich to deserve a tax diploma. The final price tag, now get rich. This is why they intend to deny cut, 8.1 million government workers, this, for each GED diploma was $40,584. tax cuts. 4.2 million mechanics, repairmen, and That looks like the cost of a 4-year This has to end. We have to give peo- construction workers, and the list goes stay at a State-run college, rather than ple back more of the money they have on and on and on. a remedial education effort. earned, and give families the freedom Mr. Speaker, the Democrats com- Why do we keep spending tax dollars to spend that money on their children. plain, and they claim that the only eq- on feel-good programs that are not Republicans will end the wrong-headed uitable way to provide tax relief to the working? It appears these folks could practice of taking money from working American people is to allow those who use a little education in the arithmetic families and sending it to Washington. pay no taxes to receive a bigger refund. category. They simply are not making That day of financing every liberal Mr. Speaker, the Republican tax bill the grade. The U.S. Department of wish list at the expense of working provides that much-needed tax relief to Health and Human Services gets my families will be over, Mr. Speaker, hardworking middle-class citizens of Porker of the Week Award. when the Republican tax cut takes ef- this country. I urge all my colleagues f fect. on both sides of the aisle to support f this bill. A NATIONAL COMMITMENT TO RE- FAIRNESS TO FARMERS PLACING OUTDATED LIBRARY f BOOKS (Mr. MCINTYRE asked and was given permission to address the House for 1 (Mr. BLAGOJEVICH asked and was minute and to revise and extend his re- ORDINARY HARDWORKING AMERI- given permission to address the House marks.) CANS WILL RECEIVE NO TAX RE- for 1 minute and to revise and extend Mr. MCINTYRE. Mr. Speaker, today LIEF THROUGH THE REPUB- his remarks.) we will consider an issue of fairness to LICAN TAX BILL Mr. BLAGOJEVICH. Mr. Speaker, books have the power to bring the farmers who have invested for genera- (Mr. LEWIS of Georgia asked and was world to any child, but it is an obsolete tions in their crops, and who for gen- given permission to address the House world children see in 75 percent of the erations have fed their families, paid for 1 minute and to revise and extend books in Chicago public school librar- their bills, and put their kids through his remarks.) college when possible; farmers who, by ies. Mr. LEWIS of Georgia. Mr. Speaker, the sweat of their brow on hot and Here is a sample of what students the Republican con games continue, humid days like today, are out there learn from many of these books. Russia convincing the American people they toiling in the sun; who suddenly might is still part of the Soviet Union. The are getting a tax cut by giving a major- suffer a natural disaster at no fault of Berlin Wall is still standing. And some ity of the tax breaks to the richest peo- their own, as happened last year, when of these books boldly predict that one ple in America; complain that the all eight counties in my district in day man will actually walk on the Democrats are engaged in class war- southeastern North Carolina found Moon. fare, while the Republicans practice it. that their crops were destroyed by hur- A recent study showed that 65 per- ricanes; small family farmers who Yesterday I spoke about Al. He works cent of the 100,000 public school librar- should not bear the brunt of someone in a factory, supports his wife and two ies do not have adequate book collec- else’s political agenda. kids on his $25,000 salary, and he gets tions. Recently the gentleman from If we take away crop insurance from absolutely nothing from the Repub- Delaware [Mr. CASTLE] and I circulated our tobacco farmers, we punish them lican tax bill. a letter signed by 70 Members of Con- for making an honest living from the Today I want to tell Members about gress urging a strong new commitment soil of the Earth, we punish them by Mary. Mary is a single mom. She will to replacing outdated library books. struggle to raise two kids on her own. keeping them from getting bank loans, b 1015 and we punish them again if disaster Mary works 40 hours a week as a sec- strikes. Do not do it. Do not take away retary for $12 an hour. That is a little There is good news. Earlier this week their chance to make an honest living less than $25,000 a year. Mary works a congressional subcommittee agreed and be able to provide for their fami- hard and pays thousands of dollars in to invest $350 million to help public lies. taxes. What does Mary get under the school libraries. That is an investment, f Republican tax bill? Nothing. Zero. Mr. Speaker, that will help take our Zip. public school libraries out of the dark THE GOP TAX BILL PROVIDES TAX What do Speaker GINGRICH and the ages and bring them back to the fu- RELIEF TO HARDWORKING MID- Republicans say about Mary? They say ture. DLE-CLASS FAMILIES Mary is on welfare. Huge tax breaks for f (Mr. GIBBONS asked and was given millionaires, nothing for Mary, nothing permission to address the House for 1 for Al. Mr. Speaker, the Republicans DRUGS IN FLORIDA minute and to revise and extend his re- should come clean with the American (Mr. GOSS asked and was given per- marks.) people and tell the truth. mission to address the House for 1 July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5409 minute and to revise and extend his re- Browner, Director of the U.S. EPA, is TAX CUTS marks.) at it once again. She has made her (Mr. SMITH of Michigan asked and Mr. GOSS. Mr. Speaker, over the last final ruling, with agreement by the was given permission to address the 4 years an increasingly permissive atti- White House, that there are going to be House for 1 minute.) tude, even a tolerance in some circles, some new ozone rules. Mr. SMITH of Michigan. Mr. Speak- of illegal drug use has regrettably de- They did not look at the sound er, I hope the American people that are veloped. The lack of institutional lead- science. We know that from George observing this debate over taxes now ership from the President and from the Wolf that heads up the subcommittee. realize why tax cuts come so slowly in media on this issue is reflected in the They did not release the information this Congress. There are some elitists dramatic increases in the use of mari- when we asked for it. Now in fact they in this Chamber and a lot of egos that juana and other drugs by our young might have cut some deals across the think that Washington can spend your people. Overall drug use by teens in country that some areas do not have to money better than you can. America has more than doubled since go under these new rules, but they will The tax bill currently before Con- 1992, more than doubled. We need real not tell us whether they have or have gress is going to benefit every Amer- leadership and we need it now. not. ican, whether it is a $400 more in your Today Speaker GINGRICH will join the We need the truth, Mr. Speaker. The pocket or $1,500 more in your pocket. Florida delegation in a hearing to look American people need the truth. These Middle class working families are at the troubling reemergence of Flor- policies are not going to help people going to gain a little bit from this tax ida as a major drug trafficking route. with respiratory problems. They are cut. But this tax cut is just a little bit. This hearing is an important step in simply going to throw people out of Compared to the $250 billion tax in- fighting the complacency and focusing, work. crease that we just had 4 years ago, once again, on winning the war on Most important, Mr. Speaker, this is this is an $85 billion net tax cut, just a drugs rather than settling for a stale- the United States. It is time, no matter portion of the huge tax increase that mate or a draw. I hope the administra- where we stand on these issues, that we just happened a few years ago. tion will join us in renewing our effort do not let unelected bureaucrats decide If we are going to have a country to kick our Nation’s drug habit. We national law. The people send Members that has been as successful as we have, could use the help in Florida. of Congress here to talk about national we have to get back to a system where f law. The Director of the U.S. EPA is we let the people keep more of the REPUBLICAN GOVERNMENT trying to mandate that we will do a money in their pocket, where we re- SHUTDOWN certain policy without addressing the ward the people that work hard, that give-and-take of talking to the Con- try, that save, that invest, and the peo- (Mr. PALLONE asked and was given gress. ple that work hard are better off than permission to address the House for 1 those that do not. minute.) Mr. Speaker, we have got to get be- Mr. PALLONE. Mr. Speaker, the Re- hind the gentleman from Pennsylvania f [Mr. KLINK] in his efforts. publicans are beginning to fear that IN SUPPORT OF TAX FAIRNESS they are not going to be able to win the f FOR WORKING AMERICAN FAMI- President’s support for their tax cut LIES plan for the rich. So what do they do? ´ They threaten to shut down the Gov- NO TAX BENEFIT UNDER REPUB- (Ms. VELAZQUEZ asked and was ernment again. LICAN PLAN FOR MIDDLE-IN- given permission to address the House Many Americans remember in the COME AMERICANS for 1 minute.) ´ last session of Congress when the Re- Ms. VELAZQUEZ. Mr. Speaker, 2 (Ms. JACKSON-LEE of Texas asked years ago the Republicans signed a publicans did not get their way and so and was given permission to address they decided to shut down the Govern- contract with the working families of the House for 1 minute and to revise America and promised to provide them ment. Now the Speaker fears he will and extend her remarks.) not get his way with his tax cuts for with tax relief. They proposed a law Ms. JACKSON-LEE of Texas. Mr. the rich so he wants to hold the Gov- called the American Dream Restora- Speaker, the real question this morn- ernment hostage once again. tion Act, which calls for a $500-per- ing is, what do the schoolteacher, the Mr. GINGRICH told a meeting of Ways child tax credit for families making up police officer, the firefighter, the bus and Means Republicans Wednesday to $200,000. This was item 5 on their driver, and the single working mother that the GOP-controlled Congress Contract With America. have in common? No tax benefit under would not send any appropriation bills Amazingly, the Republicans will give the Republican tax plan. to the President for his signature until a $500-per-child tax credit to people the President signs a Republican tax Many will say that absence makes making $200,000 but they want to deny cut plan. This is according to two GOP the heart grow fonder. Let me say, not this tax relief to families making sources that spoke to Congress Daily. so. The Republicans have absented $20,000. Yesterday the New York Times Mr. Speaker, the Democrats have themselves from the 1994 Contract on reported that the Speaker of the House been working hard to push our plan America, which says that they would might finally give the child care tax that would truly benefit middle-income give a tax refund to those who pay in- credit to all working families. Then he families. Unfortunately, the Repub- come tax, those who receive an earned changed his mind. lican leadership is not honoring the income tax credit, and those who pay My colleagues, what is going on here? agreement they made with the Amer- payroll taxes. Not so. Are the Republicans going to keep ican people. First they broke their They all signed it. They have all for- their promise or not? Are the Repub- promise to middle-class Americans, gotten. Now they call the school- licans going to make good on their con- and now they want to shut the Govern- teacher, the police officer, the fire- tract they signed or is this just another ment down again. fighter, the bus driver, and the working case of promises made, promises bro- f mother, they are on welfare, because ken? they do not want to give them a child f PROMISES AND ASSURANCES tax credit. (Mr. NEY asked and was given per- Absence does not make the heart BOGUS AIR QUALITY STANDARDS mission to address the House for 1 grow fonder for the working people of (Mr. BARR of Georgia asked and was minute and to revise and extend his re- America. The Democratic alternative given permission to address the House marks.) recognizes when you go to work every for 1 minute.) Mr. NEY. Mr. Speaker, this is going day as a bus driver, a schoolteacher, a Mr. BARR of Georgia. Mr. Speaker, to be a big week for Americans. We single working mother, you deserve a yesterday we had the administration want to talk about tax cuts and what tax credit for your child. That is the officially come forward with its na- we can do to help children. But Carol plan that is for all working Americans. tional ambient air quality standards, H5410 CONGRESSIONAL RECORD — HOUSE July 17, 1997 otherwise known as BAQS, bogus air Wednesday that the government over- Mr. METCALF. Mr. Speaker, yester- quality standards. paid hospitals, doctors and other day the European Commission’s Merger Mr. Speaker, the administration tells health care providers last year by $23 Task Force voted to disapprove the us this is to save the children. But, Mr. billion, or 14 percent of all of the Boeing-McDonnell Douglas merger. Speaker, what do you tell the child money spent in the standard Medicare The Economic Community charged whose family cannot afford a home be- program. Boeing would have to make greater cause the so-called new air standards ‘‘The books and records of the Medi- concessions if they would receive ap- put the cost of those new homes be- care agency and its contractors were in proval from the EC. yond their family’s means? What do such disarray that they could not be I have sent a letter, developed a let- you tell the child whose father is out of thoroughly audited,’’ said the inspector ter to the EC and I have sent it to work because these so-called new air general. She said that there was no every congressional office. At this time standards shut down his business? way to tell how much money of the I am urging every Member of Congress What do you tell the community that overpayment resulted from fraud. to send that letter and show solid sup- cannot build a new hospital because Mr. Speaker, I think the buck stops port for keeping their nose out of our with the President on this issue. I these new so-called standards cannot business. think before we get into the next cycle, be met? f Mr. Speaker, America’s children do I think the President absolutely must pay attention to this fraud and abuse not need weird science. They need CROP INSURANCE in Medicare. homes, parents with jobs, new schools, (Mr. GOODE asked and was given f new hospitals, all which would become permission to address the House for 1 endangered species if these so-called HOUSTON OILERS MOVE TO minute and to revise and extend his re- new standards are allowed to go into TENNESSEE marks.) effect. (Mr. GREEN asked and was given Mr. GOODE. Mr. Speaker, later today f permission to address the House for 1 there may be an amendment to take ROBIN HOOD IN REVERSE minute and to revise and extend his re- Federal crop insurance from the Amer- marks.) ican tobacco grower, yet it will be left (Mr. WYNN asked and was given per- Mr. GREEN. Mr. Speaker, recently for wheat, rye, barley, and all the other mission to address the House for 1 the Houston Oilers received the final crops. Some do want to destroy the minute and to revise and extend his re- agreement to leave Houston and be- American tobacco grower. In 1896 Wil- marks.) come the Tennessee Oilers, playing in liam Jennings Bryan said, ‘‘If you de- Mr. WYNN. Mr. Speaker, it appears Memphis, TN, this year and later on in stroy the American farmer, grass will as though the Republicans are going to Nashville, TN. grow in the streets of every city of the treat us to another episode of their fa- As a long-time Houston Oiler fan, I land.’’ vorite show, Robin Hood in reverse. He am looking for a new professional team b takes from the poor and the middle to adopt. I worked as a 13-year-old at 1030 class to give to the rich. This is also the old Oiler football games at In 1997, if we destroy the American known by the term ‘‘tax relief for the Jeppesen Stadium, now Robertson Sta- tobacco farmer, 350,000 good jobs will rich.’’ The issue is not whether there dium, on the University of Houston be lost. We will be buying Chinese ciga- ought to be a tax refund. The issue is campus. rettes, we will be buying Brazilian tax fairness. Today I am cleaning out some of my cigarettes, and we will be wrecking our If you look at the Republican tax Oiler paraphernalia like a lot of people trade surplus that agriculture so richly package, 60 percent of the tax benefits in Houston are doing. I want to present provides this Nation. go to the wealthiest 5 percent of Amer- them to the gentleman from Nashville, Save crop insurance and help the icans. They give millionaires $12,000 to TN [Mr. CLEMENT] and say, ‘‘You can American economy. have this hat, you can have this glass $24,000 in tax relief through estate f taxes and indexed capital gains, but that says Houston Oilers,’’ even a when we suggest that teachers, bus bumper sticker from our local radio INTELLIGENCE AUTHORIZATION drivers, entry-level policemen ought to station that plays the Oilers and their ACT FOR FISCAL YEAR 1998 get a child tax credit, they have the games, and even a pin that says, ‘‘Love Mr. GOSS. Mr. Speaker, I ask unani- You, Blue.’’ audacity to say that is welfare. No, mous consent to take from the Speak- Mr. Speaker, I yield to the gentleman that is tax fairness. er’s table the Senate bill (S. 858) to au- The working people, the working [Mr. CLEMENT]. Mr. CLEMENT. Mr. Speaker, I thank thorize appropriations for fiscal year middle class in America ought to get the gentleman. I thank him for remem- 1998 for intelligence and intelligence- the lion’s share of the tax relief, not bering Sam Houston and Davy Crock- related activities of the U.S. Govern- the wealthy millionaires who are col- ett and the countless volunteers that ment, the Community Management Ac- lecting large capital gains tax breaks. fought for Texas and independence. I count, and the Central Intelligence We believe in tax fairness. The Demo- have always heard all my life, if it had Agency Retirement and Disability Sys- crats are advocating a child tax credit not been for Tennessee, there would tem, and for other purposes, and ask for everyone. When they had their Con- not have been a Texas. for its immediate consideration. tract on America, they said it was a Well, we are not going to get Houston The Clerk read the title of the Senate good idea: Give working America a tax oil but we are going to get the Houston bill. break. They reneged on that promise. Oilers. We appreciate it very much. The SPEAKER pro tempore (Mr. Promises made, promises broken. Payments are in full, and we deeply ap- SUNUNU). Is there objection to the re- f preciate the gentleman realizing that quest of the gentleman from Florida? MEDICARE OVERPAYMENT we now have bought a great team. We There was no objection. want him to come see them play in the The Clerk read the Senate bill, as fol- (Mrs. CHENOWETH asked and was near future in Memphis and then in lows: given permission to address the House Nashville, TN. We have a lot to be S. 858 for 1 minute and to revise and extend proud of, and we will sure help the gen- her remarks.) Be it enacted by the Senate and House of Rep- tleman and work with him to get an- resentatives of the United States of America in Mrs. CHENOWETH. Mr. Speaker, other team. Congress assembled, today the New York Times ran a very f SECTION 1. SHORT TITLE; TABLE OF CONTENTS. interesting article but a very sad arti- BOEING-McDONNELL DOUGLAS (a) SHORT TITLE.—This Act may be cited as cle. It is entitled ‘‘U.S. Overpaid $2.3 the ‘‘Intelligence Authorization Act for Fis- Billion Last Year’’ in Medicare and it MERGER cal Year 1998’’. reads: (Mr. METCALF asked and was given (b) TABLE OF CONTENTS.—The table of con- ‘‘In the first comprehensive audit of permission to address the House for 1 tents for this Act is as follows: Medicare, Federal investigators said minute.) Sec. 1. Short title; table of contents. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5411

TITLE I—INTELLIGENCE ACTIVITIES (b) AVAILABILITY OF CLASSIFIED SCHEDULE is detailed to the staff of an element within Sec. 101. Authorization of appropriations. OF AUTHORIZATIONS.—The Schedule of Au- the Community Management Account from Sec. 102. Classified schedule of authoriza- thorizations shall be made available to the another element of the United States Gov- tions. Committees on Appropriations of the Senate ernment shall be detailed on a reimbursable Sec. 103. Personnel ceiling adjustments. and House of Representatives and to the basis, except that any such officer, em- Sec. 104. Community Management Account. President. The President shall provide for ployee, or member may be detailed on a non- TITLE II—CENTRAL INTELLIGENCE suitable distribution of the Schedule, or of reimbursable basis for a period of less than AGENCY RETIREMENT AND DISABIL- appropriate portions of the Schedule, within one year for the performance of temporary ITY SYSTEM the Executive Branch. functions as required by the Director of Central Intelligence. Sec. 201. Authorization of appropriations. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (a) AUTHORITY FOR ADJUSTMENTS.—With TITLE II—CENTRAL INTELLIGENCE AGEN- TITLE III—GENERAL PROVISIONS the approval of the Director of the Office of CY RETIREMENT AND DISABILITY SYS- Sec. 301. Increase in employee compensation Management and Budget, the Director of TEM and benefits authorized by law. Central Intelligence may authorize employ- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Sec. 302. Restriction on conduct of intel- ment of civilian personnel in excess of the There is authorized to be appropriated for ligence activities. number authorized for fiscal year 1998 under the Central Intelligence Agency Retirement Sec. 303. Detail of intelligence community section 102 when the Director of Central In- and Disability Fund for fiscal year 1998 the personnel. telligence determines that such action is sum of $196,900,000. Sec. 304. Extension of application of sanc- necessary to the performance of important TITLE III—GENERAL PROVISIONS tions laws to intelligence ac- intelligence functions, except that the num- tivities. ber of personnel employed in excess of the SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Sec. 305. Administrative location of the Of- number authorized under such section may TION AND BENEFITS AUTHORIZED BY LAW. fice of the Director of Central not, for any element of the intelligence com- Appropriations authorized by this Act for Intelligence. munity, exceed two percent of the number of salary, pay, retirement, and other benefits Sec. 306. Encouragement of disclosure of civilian personnel authorized under such sec- for Federal employees may be increased by certain information to Con- tion for such element. such additional or supplemental amounts as gress. (b) NOTICE TO INTELLIGENCE COMMITTEES.— may be necessary for increases in such com- Sec. 307. Provision of information on violent The Director of Central Intelligence shall pensation or benefits authorized by law. crimes against United States promptly notify the Permanent Select Com- citizens abroad to victims and mittee on Intelligence of the House of Rep- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- LIGENCE ACTIVITIES. victims’ families. resentatives and the Select Committee on The authorization of appropriations by Sec. 308. Standards for spelling of foreign Intelligence of the Senate whenever the Di- this Act shall not be deemed to constitute names and places and for use of rector exercises the authority granted by authority for the conduct of any intelligence geographic coordinates. this section. Sec. 309. Sense of the Senate. activity which is not otherwise authorized SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. TITLE IV—CENTRAL INTELLIGENCE by the Constitution or the laws of the United (a) AUTHORIZATION OF APPROPRIATIONS.— States. AGENCY (1) AUTHORIZATION.—There is authorized to SEC. 303. DETAIL OF INTELLIGENCE COMMUNITY Sec. 401. Multiyear leasing authority. be appropriated for the Community Manage- PERSONNEL. Sec. 402. Subpoena authority for the Inspec- ment Account of the Director of Central In- (a) DETAIL.— tor General of the Central In- telligence for fiscal year 1998 the sum of (1) IN GENERAL.—Notwithstanding any telligence Agency. $90,580,000. other provision of law, the head of a depart- TITLE V—DEPARTMENT OF DEFENSE (2) AVAILABILITY OF CERTAIN FUNDS.—With- ment or agency having jurisdiction over an INTELLIGENCE ACTIVITIES in such amount, funds identified in the clas- element in the intelligence community or Sec. 501. Academic degrees in intelligence. sified Schedule of Authorizations referred to the head of an element of the intelligence Sec. 502. Funding for infrastructure and in section 102(a) for the Advanced Research community may detail any employee of the quality of life improvements at and Development Committee and the Envi- department, agency, or element to serve in Menwith Hill and Bad Aibling ronmental Intelligence and Applications any position in the Intelligence Community stations. Program shall remain available until Sep- Assignment Program. Sec. 503. Misuse of National Reconnaissance tember 30, 1999. (2) BASIS OF DETAIL.— Office name, initials, or seal. (b) AUTHORIZED PERSONNEL LEVELS.—The (A) IN GENERAL.—Personnel may be de- elements within the Community Manage- TITLE I—INTELLIGENCE ACTIVITIES tailed under paragraph (1) on a reimbursable ment Account of the Director of Central In- or nonreimbursable basis. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. telligence are authorized a total of 278 full- (B) PERIOD OF NONREIMBURSABLE DETAIL.— Funds are hereby authorized to be appro- time personnel as of September 30, 1998. Per- Personnel detailed on a nonreimbursable priated for fiscal year 1998 for the conduct of sonnel serving in such elements may be per- basis shall be detailed for such periods not to the intelligence and intelligence-related ac- manent employees of the Community Man- exceed three years as are agreed upon be- tivities of the following elements of the agement Account element or personnel de- tween the heads of the departments or agen- United States Government: tailed from other elements of the United cies concerned. However, the heads of the de- (1) The Central Intelligence Agency. States Government. partments or agencies may provide for the (2) The Department of Defense. (c) CLASSIFIED AUTHORIZATIONS.— extension of a detail for not to exceed one (3) The Defense Intelligence Agency. (1) AUTHORIZATION OF APPROPRIATIONS.—In year if the extension is in the public inter- (4) The National Security Agency. addition to amounts authorized to be appro- est. (5) The Department of the Army, the De- priated for the Community Management Ac- (b) BENEFITS, ALLOWANCES, AND INCEN- partment of the Navy, and the Department count by subsection (a), there is also author- TIVES.—The department, agency, or element of the Air Force. ized to be appropriated for the Community detailing personnel to the Intelligence Com- (6) The Department of State. Management Account for fiscal year 1998 munity Assignment Program under sub- (7) The Department of the Treasury. such additional amounts as are specified in section (a) on a non-reimbursable basis may (8) The Department of Energy. the classified Schedule of Authorizations re- provide such personnel any salary, pay, re- (9) The Federal Bureau of Investigation. ferred to in section 102(a). tirement, or other benefits, allowances (in- (10) The Drug Enforcement Administra- (2) AUTHORIZATION OF PERSONNEL.—In addi- cluding travel allowances), or incentives as tion. tion to the personnel authorized by sub- are provided to other personnel of the de- (11) The National Reconnaissance Office. section (b) for elements of the Community partment, agency, or element. (12) The National Imagery and Mapping Management Account as of September 30, (c) EFFECTIVE DATE.—This section shall Agency. 1998, there is hereby authorized such addi- take effect on June 1, 1997. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- tional personnel for such elements as of that SEC. 304. EXTENSION OF APPLICATION OF SANC- TIONS. date as is specified in the classified Schedule TIONS LAWS TO INTELLIGENCE AC- (a) SPECIFICATIONS OF AMOUNTS AND PER- of Authorizations. TIVITIES. SONNEL CEILINGS.—The amounts authorized (3) CONSTRUCTION.—Authorizations in the Section 905 of the National Security Act of to be appropriated under section 101, and the classified Schedule of Authorizations may 1947 (50 U.S.C. 441d) is amended by striking authorized personnel ceilings as of Septem- not be construed to increase authorizations out ‘‘January 6, 1998’’ and inserting in lieu ber 30, 1998, for the conduct of the intel- of appropriations or personnel for the Com- thereof ‘‘January 6, 2001’’. ligence and intelligence-related activities of munity Management Account except to the SEC. 305. ADMINISTRATIVE LOCATION OF THE the elements listed in such section, are those extent specified in the applicable paragraph OFFICE OF THE DIRECTOR OF specified in the classified Schedule of Au- of this subsection. CENTRAL INTELLIGENCE. thorizations prepared to accompany the con- (d) REIMBURSEMENT.—During fiscal year Section 102(e) of the National Security Act ference report on the bill ll of the One 1998, any officer or employee of the United of 1947 (50 U.S.C. 403(e)) is amended by adding Hundred Fifth Congress. States or member of the Armed Forces who at the end the following: H5412 CONGRESSIONAL RECORD — HOUSE July 17, 1997 ‘‘(4) The Office of the Director of Central nates for such places, among the elements of ments under the lease, but only to the extent Intelligence shall, for administrative pur- the intelligence community. that such amounts are not required to pay poses, be within the Central Intelligence (2) REPORT.—Not later than 90 days after such costs; and Agency.’’. the date of enactment of this Act the Direc- ‘‘(D) amounts available in a fiscal year to SEC. 306. ENCOURAGEMENT OF DISCLOSURE OF tor shall submit to the congressional intel- make rental payments under the lease shall CERTAIN INFORMATION TO CON- ligence committees a report on the survey be available for that purpose for not more GRESS. carried out under paragraph (1). than 12 months commencing at any time (a) ENCOURAGEMENT.— (b) GUIDELINES.— during the fiscal year; and’’. (1) IN GENERAL.—Not later than 30 days (1) ISSUANCE.—Not later than 180 days after after the date of enactment of this Act, the the date of enactment of this Act, the Direc- SEC. 402. SUBPOENA AUTHORITY FOR THE IN- SPECTOR GENERAL OF THE President shall take appropriate actions to tor shall issue guidelines to ensure the use of CENTRAL INTELLIGENCE AGENCY. inform the employees of the executive uniform spelling of foreign names and places branch, and employees of contractors carry- and the uniform use of geographic coordi- (a) AUTHORITY.—Subsection (e) of section ing out activities under classified contracts, nates for such places. The guidelines shall 17 of the Central Intelligence Agency Act of that the disclosure of information described apply to all intelligence reports, intelligence 1949 (50 U.S.C. 403q) is amended— in paragraph (2) to the committee of Con- products, and intelligence databases pre- (1) by redesignating paragraphs (5) through gress having oversight responsibility for the pared and utilized by the elements of the in- (7) as paragraphs (6) through (8), respec- department, agency, or element to which telligence community. tively; and (2) by inserting after paragraph (4) the fol- such information relates, or to the Members (2) BASIS.—The guidelines under paragraph of Congress who represent such employees, is (1) shall, to the maximum extent prac- lowing new paragraph (5): not prohibited by law, executive order, or ticable, be based on current United States ‘‘(5)(A) Except as provided in subparagraph regulation or otherwise contrary to public Government standards for the trans- (B), the Inspector General is authorized to policy. literation of foreign names, standards for require by subpoena the production of all in- (2) COVERED INFORMATION.—Paragraph (1) foreign place names developed by the Board formation, documents, reports, answers, applies to information, including classified on Geographic Names, and a standard set of records, accounts, papers, and other data and information, that an employee reasonably geographic coordinates. documentary evidence necessary in the per- believes to evidence— (3) SUBMITTAL TO CONGRESS.—The Director formance of the duties and responsibilities of (A) a violation of any law, rule, or regula- shall submit a copy of the guidelines to the the Inspector General. tion; congressional intelligence committees. ‘‘(B) In the case of Government agencies, (B) a false statement to Congress on an (c) CONGRESSIONAL INTELLIGENCE COMMIT- the Inspector General shall obtain informa- issue of material fact; or TEES DEFINED.—In this section, the term tion, documents, reports, answers, records, (C) gross mismanagement, a gross waste of ‘‘congressional intelligence committees’’ accounts, papers, and other data and evi- funds, an abuse of authority, or a substantial means the following: dence for the purpose specified in subpara- and specific danger to public health or safe- (1) The Select Committee on Intelligence graph (A) using procedures other than sub- ty. of the Senate. poenas. (b) REPORT.—On the date that is 30 days (2) The Permanent Select Committee on ‘‘(C) The Inspector General may not issue a after the date of enactment of this Act, the Intelligence of the House of Representatives. subpoena for or on behalf of any other ele- President shall submit to Congress a report SEC. 309. SENSE OF THE SENATE. ment or component of the Agency. on the actions taken under subsection (a). It is the sense of the Senate that any tax SEC. 307. PROVISION OF INFORMATION ON VIO- legislation enacted by the Congress this year ‘‘(D) In the case of contumacy or refusal to LENT CRIMES AGAINST UNITED should meet a standard of fairness in its dis- obey a subpoena issued under this paragraph, STATES CITIZENS ABROAD TO VIC- tributional impact on upper, middle and the subpoena shall be enforceable by order of TIMS AND VICTIMS’ FAMILIES. lower income taxpayers, and that any such any appropriate district court of the United (a) SENSE OF CONGRESS.—It is the sense of legislation should not disproportionately States. Congress that— benefit the highest income taxpayers. ‘‘(E) Not later than January 31 and July 31 (1) it is in the national interests of the TITLE IV—CENTRAL INTELLIGENCE of each year, the Inspector General shall sub- United States to provide information regard- AGENCY mit to the Select Committee on Intelligence ing the murder or kidnapping of United of the Senate and the Permanent Select SEC. 401. MULTIYEAR LEASING AUTHORITY. States citizens abroad to the victims, or the Committee on Intelligence of the House of families of victims, of such crimes; and Section 5 of the Central Intelligence Agen- cy Act of 1949 (50 U.S.C. 403f) is amended— Representatives a report of the Inspector (2) the provision of such information is suf- General’s exercise of authority under this ficiently important that the discharge of the (1) in paragraph (e), by striking out ‘‘with- out regard’’ and all that follows through the paragraph during the preceding six responsibility for identifying and dissemi- months.’’. nating such information should be vested in end and inserting in lieu thereof a semicolon; (b) LIMITATION ON AUTHORITY FOR PROTEC- a cabinet-level officer of the United States (2) by redesignating paragraph (f) as para- TION OF NATIONAL SECURITY.—Subsection Government. graph (g); and (b)(3) of that section is amended by inserting (b) RESPONSIBILITY.—The Secretary of (3) by inserting after paragraph (e) the fol- State shall take appropriate actions to en- lowing new paragraph (f): ‘‘, or from issuing any subpoena, after the In- sure that the United States Government ‘‘(f) Notwithstanding section 1341(a)(1) of spector General has decided to initiate, carry takes all appropriate actions to— title 31, United States Code, enter into out, or complete such audit, inspection, or (1) identify promptly information (includ- multiyear leases for lease terms of not to ex- investigation or to issue such subpoena,’’ ing classified information) in the possession ceed 15 years, except that— after ‘‘or investigation’’. of the departments and agencies of the Unit- ‘‘(1) any such lease shall be subject to the TITLE V—DEPARTMENT OF DEFENSE ed States Government regarding the murder availability of appropriations in an amount INTELLIGENCE ACTIVITIES or kidnapping of United States citizens necessary to cover— abroad; and ‘‘(A) rental payments over the entire term SEC. 501. ACADEMIC DEGREES IN INTELLIGENCE. (2) subject to subsection (c), make such in- of the lease; or (a) IN GENERAL.—Section 2161 of title 10, formation available to the victims or, where ‘‘(B) rental payments over the first 12 United States Code, is amended to read as appropriate, the families of victims of such months of the term of the lease and the pen- follows: crimes. alty, if any, payable in the event of the ter- ‘‘§ 2161. Joint Military Intelligence College: (c) CLASSIFIED INFORMATION.—The Sec- mination of the lease at the end of the first retary shall work with the Director of 12 months of the term; and master of science in strategic intelligence; Central Intelligence to ensure that classified ‘‘(2) if the Agency enters into a lease using bachelor of science in intelligence information relevant to a crime covered by the authority in subparagraph (1)(B)— ‘‘Under regulations prescribed by the Sec- subsection (b) is promptly reviewed and, to ‘‘(A) the lease shall include a clause that retary of Defense, the President of the Joint the maximum extent practicable without provides that the lease shall be terminated if Military Intelligence College may, upon rec- jeopardizing sensitive sources and methods specific appropriations available for the ommendation by the faculty of the college, or other vital national security interests, rental payments are not provided in advance confer the degree of master of science in made available under that subsection. of the obligation to make the rental pay- strategic intelligence and the degree of bach- SEC. 308. STANDARDS FOR SPELLING OF FOR- ments; elor of science in intelligence upon the grad- EIGN NAMES AND PLACES AND FOR ‘‘(B) notwithstanding section 1552 of title uates of the college who have fulfilled the re- USE OF GEOGRAPHIC COORDI- 31, United States Code, amounts obligated quirements for such degree.’’. NATES. for paying costs associated with terminating (b) CONFORMING AMENDMENT.—The item re- (a) SURVEY OF CURRENT STANDARDS.— the lease shall remain available until such lating to section 2161 in the table of sections (1) SURVEY.—The Director of Central Intel- costs are paid; at the beginning of chapter 108 of such title ligence shall carry out a survey of current ‘‘(C) amounts obligated for payment of is amended to read as follows: standards for the spelling of foreign names costs associated with terminating the lease and places, and the use of geographic coordi- may be used instead to make rental pay- ‘‘2161. Joint Military Intelligence College: master of science in strategic intelligence; bachelor of science in intelligence.’’. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5413 SEC. 502. FUNDING FOR INFRASTRUCTURE AND From the Permanent Select Commit- tomary 30 minutes to the gentleman QUALITY OF LIFE IMPROVEMENTS tee on Intelligence, for consideration of from Texas [Mr. FROST], pending which AT MENWITH HILL AND BAD AIBLING STATIONS. the Senate bill, and the House amend- I yield myself such time as I may Section 506(b) of the Intelligence Author- ment, and modifications committed to consume. During consideration of this ization Act for Fiscal Year 1996 (Public Law conference: resolution, all time yielded is for the 104–93; 109 Stat. 974) is amended by striking Messrs. GOSS, YOUNG of Florida, purpose of debate only. out ‘‘for fiscal years 1996 and 1997’’ and in- LEWIS of California, SHUSTER, MCCOL- Mr. Speaker, this is a very simple serting in lieu thereof ‘‘for fiscal years 1998 LUM, CASTLE, BOEHLERT, BASS, GIB- and 1999’’. resolution. The proposed rule is an BONS, DICKS, DIXON, SKAGGS, Ms. SEC. 503. MISUSE OF NATIONAL RECONNAIS- open rule providing for 1 hour of gen- SANCE OFFICE NAME, INITIALS, OR PELOSI, Ms. HARMAN, and Mr. SKELTON eral debate, equally divided and con- SEAL. and Mr. BISHOP. trolled by the chairman and ranking (a) IN GENERAL.—Subchapter I of chapter From the Committee on National Se- member of the Committee on Edu- 21 of title 10, United States Code, is amended curity, for consideration of defense tac- cation and the Workforce. The resolu- by adding at the end the following: tical intelligence and related activi- tion waives points of order against the ‘‘§ 426. Unauthorized use of National Recon- ties: consideration of the bill for failure to naissance Office name, initials, or seal Messrs. SPENCE, STUMP, and DEL- comply with clause 2(L)(6) of rule XI ‘‘(a) PROHIBITED ACTS.—Except with the LUMS. relating to the 3-day availability of the joint written permission of the Secretary of There was no objection. report. Defense and the Director of Central Intel- f ligence, no person may knowingly use, in After general debate, the bill shall be connection with any merchandise, retail CARL D. PERKINS VOCATIONAL- considered for amendment under the 5- product, impersonation, solicitation, or com- TECHNICAL EDUCATION ACT minute rule. Furthermore, it shall be mercial activity, in a manner reasonably AMENDMENTS OF 1997 in order to consider as an original bill calculated to convey the impression that Mr. MCINNIS. Mr. Speaker, by direc- for the purpose of amendment under such use is approved, endorsed, or authorized the 5-minute rule the amendment in by the Secretary or the Director, any of the tion of the Committee on Rules, I call following: up House Resolution 187 and ask for its the name of a substitute recommended ‘‘(1) The words ‘National Reconnaissance immediate consideration. by the Committee on Education and Office’ or the initials ‘NRO’. The Clerk read the resolution, as fol- the Workforce now printed in the bill. ‘‘(2) The seal of the National Reconnais- lows: Additionally, Mr. Speaker, the rule sance Office. H. RES. 187 provides the Chair may accord priority ‘‘(3) Any colorable imitation of such words, recognition to Members who have initials, or seal. Resolved, That at any time after the adop- tion of this resolution the Speaker may, pur- preprinted their amendments in the ‘‘(b) INJUNCTION.—(1) Whenever it appears CONGRESSIONAL RECORD. to the Attorney General that any person is suant to clause 1(b) of rule XXIII, declare the engaged or is about to engage in an act or House resolved into the Committee of the Mr. Speaker, at the conclusion of the practice which constitutes or will constitute Whole House on the state of the Union for consideration of the bill for amend- conduct prohibited by subsection (a), the At- consideration of the bill (H.R. 1853) to amend ment, the Committee shall rise and re- the Carl D. Perkins Vocational and Applied torney General may initiate a civil proceed- port the bill to the House with such ing in a district court of the United States to Technology Education Act. The first reading of the bill shall be dispensed with. Points of amendments as may have been adopt- enjoin such act or practice. ed. Finally, Mr. Speaker, the rule pro- ‘‘(2) Such court shall proceed as soon as order against consideration of the bill for practicable to the hearing and determination failure to comply with clause 2(l)(6) of rule vides one motion to recommit with or of such action and may, at any time before XI are waived. General debate shall be con- without instructions. final determination, enter such restraining fined to the bill and shall not exceed one Mr. Speaker, under the proposed rule, orders or prohibitions, or take such other ac- hour equally divided and controlled by the each Member has an opportunity to chairman and ranking minority member of tion as is warranted, to prevent injury to the have their concerns addressed, debated, United States or to any person or class of the Committee on Education and the Workforce. After general debate the bill and ultimately voted up or down by persons for whose protection the action is this body. House Resolution 187 was re- brought.’’ shall be considered for amendment under the (b) CLERICAL AMENDMENT.—The table of five-minute rule. It shall be in order to con- ported out of the Committee on Rules sections at the beginning of that subchapter sider as an original bill for the purpose of by a unanimous voice vote. is amended by adding at the end the follow- amendment under the five-minute rule the Mr. Speaker, I urge my colleagues to ing: amendment in the nature of a substitute rec- support the rule and the underlying ommended by the Committee on Education ‘‘426. Unauthorized use of National Recon- and the Workforce now printed in the bill. legislation. naissance Office name, initials, The committee amendment in the nature of Mr. Speaker, I reserve the balance of or seal.’’. a substitute shall be considered as read. Dur- my time. MOTION OFFERED BY MR. GOSS ing consideration of the bill for amendment, Mr. FROST. Mr. Speaker, I yield my- Mr. GOSS. Mr. Speaker, I offer a mo- the Chairman of the Committee of the Whole self such time as I may consume. tion. may accord priority in recognition on the The Clerk read as follows: basis of whether the Member offering an Mr. Speaker, I rise in support of amendment has caused it to be printed in the House Resolution 187, which is an open Mr. GOSS moves to strike out all after the enacting clause of S. 858, and insert in lieu portion of the Congressional Record des- rule providing for the consideration of thereof the provisions of H.R. 1775 as passed ignated for that purpose in clause 6 of rule H.R. 1853, the Carl D. Perkins Voca- by the House. XXIII. Amendments so printed shall be con- tional-Technical Education Act sidered as read. At the conclusion of consid- Amendments of 1997. The motion was agreed to. eration of the bill for amendment the Com- The Senate bill was ordered to be mittee shall rise and report the bill to the This act is named for the long-time read a third time, was read the third House with such amendments as may have chairman of the Education and Labor time, and passed, and a motion to re- been adopted. Any Member may demand a Committee who was a champion of edu- consider was laid on the table. separate vote in the House on any amend- cational opportunity for all Americans A similar House bill (H.R. 1775) was ment adopted in the Committee of the Whole but especially for those who would not laid on the table. to the bill or to the committee amendment attend college but needed skills in in the nature of a substitute. The previous order to find a meaningful place in APPOINTMENT OF CONFEREES question shall be considered as ordered on Mr. GOSS. Mr. Speaker, I ask unani- the bill and amendments thereto to final America’s work force. mous consent that the House insist on passage without intervening motion except The continued availability of second- its amendment to S. 858 and request a on a motion to recommit with or without in- ary and postsecondary vocational edu- conference with the Senate thereon. structions. cational opportunities in concert with The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The gen- high economic goals is critical to en- objection to the request of the gen- tleman from Colorado [Mr. MCINNIS] is suring that this Nation is equipped tleman from Florida? The Chair hears recognized for 1 hour. with a work force that can be competi- none and, without objection, appoints Mr. MCINNIS. Mr. Speaker, for pur- tive and productive in today’s global the following conferees: poses of debate only, I yield the cus- economy. H5414 CONGRESSIONAL RECORD — HOUSE July 17, 1997 I am concerned, however, that the 1997. The legislation assists the 75 per- jobs that were unskilled. But by the bill reported by the Committee on Edu- cent of the American people who do not time we got to 1990, that figure dropped cation and the Workforce does not di- complete a 4-year college degree. Our to 35 percent. And by the year 2000 it is rect the funding toward those second- youth should receive a high-quality projected that only 15 percent of all ary school districts most in need of education whether they are bound for jobs available will be for unskilled peo- funding for their vocation and tech- college, the military, further training ple. That is why this legislation is so nical education programs. I am also or directly into the work force. important at this particular time. concerned the reported bill eliminates Before I go further, I want to take Mr. Speaker, we have reached, I be- the act’s original emphasis on ensuring this opportunity to thank the members lieve, a bipartisan agreement, which is that women, minorities, the economi- of the committee and the staff for their what our committee generally does cally disadvantaged, and the disabled support in the development of this im- when it comes to education, nutrition have access to quality vocational and portant piece of legislation. In particu- and child care issues. I do want to technical programs. lar I would like to recognize the hard point out that there is no one that is a It is especially unfortunate that the work of the gentleman from California stronger advocate for programs that committee bill eliminates the set- [Mr. RIGGS], Chairman of the Sub- help, for instance, displaced home- asides currently in the act which were committee on Early Childhood, Youth makers than the person speaking and I created to ensure that there would be and Families. It was through his dili- have fought for them since I came to programs to serve displaced home- gent commitment to a strong voca- the Congress. And because of that, I makers, single parents, and pregnant tional-technical education program want to make sure we understand that women to help them enter into employ- and many long hours of negotiations we have taken care of these concerns. ment that has traditionally not been which have brought us here today. We do not need any amendments to open to women. In today’s working en- I would also like to recognize another take care of displaced homemakers or vironment it is critical all students be Pennsylvanian, Mr. PETERSON, who has other special populations. We have offered the opportunity created by also given an enormous amount of time made very clear what we expect from these programs. in crafting this legislation. Mr. PETER- this legislation. However, since the Committee on SON represents an area of Pennsylvania As my colleagues will notice, we en- Rules has recommended an open rule, I in which vocational-technical edu- sure that members of special popu- am hopeful that the House will adopt cation is critical, and we appreciate his lations meet State benchmarks, estab- amendments which can address these help and expertise in the area. lished under section 114, and are pre- concerns. These programs represent I want to thank the subcommittee pared for secondary education, further long-term investments in the health of ranking member, the gentleman from learning and high-skill and high-wage the economy of the United States, and California [Mr. MARTINEZ], who worked careers. Then there is a financial audit it would be penny-wise and pound-fool- very closely with the gentleman from that follows to make very, very sure ish to shortchange opportunities for California [Mr. RIGGS] to develop a bi- that the vocational-technical edu- those who would benefit the most. partisan effort, and the gentleman cation programs adhere to the require- Mr. Speaker, I yield back the balance from Missouri [Mr. CLAY], the ranking ments of the act, including those relat- of my time. member of the full committee for the ed to special populations. Mr. MCINNIS. Mr. Speaker, I yield bipartisan effort put into this piece of We also make it very clear that each back the balance of my time. legislation. State that receives an allotment under The SPEAKER pro tempore. Without The legislation enjoys a broad coali- section 102 shall annually prepare and objection, the previous question is or- tion of support, and I hope we will pick submit to the Secretary a report on dered on the resolution. up more support as we go through this how the State is performing on State There was no objection. process and then through conference benchmarks that relate to vocational- The resolution was agreed to. with the Senate. technical education programs, includ- A motion to reconsider was laid on For far too long we paid little atten- ing special populations. The report sub- the table. tion to the 75 percent of youth who do mitted by the State, in accordance The SPEAKER pro tempore. Pursu- not go on and complete some 4-year with subparagraph A, shall include a ant to House Resolution 187 and rule college degree. Our youth should re- description of how special populations, XXIII, the Chair declares the House in ceive a high-quality education no mat- displaced homemakers, single parents, the Committee of the Whole House on ter what they plan to do in the future. single pregnant women participating in the State of the Union for the consider- In today’s vocational-technical edu- vocational-technical education pro- ation of the bill, H.R. 1853. cation programs, students need a very grams have met the vocational-tech- high-quality education for today’s b 1039 nical education benchmarks estab- world. These students need strong aca- lished by the State. IN THE COMMITTEE OF THE WHOLE demics and relevant skills in order to We also say that the funds provided Accordingly the House resolved itself thrive in today’s economy. under this act may support programs into the Committee of the Whole House In H.R. 1853, we have three overarch- at the local level for displaced home- on the State of the Union for the con- ing goals: strengthening academics; makers, single pregnant women, and sideration of the bill (H.R. 1853) to broadening the opportunities for voca- individuals in nontraditional occupa- amend the Carl D. Perkins Vocational tional-technical education students; tions that lead to high-skilled, high- and Applied Technology Education and sending more money to the class- wage end careers. Act, with Mr. EWING in the chair. room. b The Clerk read the title of the bill. The bill, first of all, sends 90 percent 1045 The CHAIRMAN. Pursuant to the of the money down to the local level. We also indicate that local funds can rule, the bill is considered as having Under current law only 75 percent gets be used for programs for single parents, been read the first time. there. displaced homemakers, and single Under the rule, the gentleman from Second, we alter the way the funds pregnant women. In all of those sec- Pennsylvania [Mr. GOODLING] and the are distributed to ensure they are more tions, we point out the need to serve gentleman from Missouri [Mr. CLAY] equitably distributed. We are trying to special populations. will each control 30 minutes. make sure limited Federal dollars for I hope that we can pass this legisla- The Chair recognizes the gentleman vocational-technical education follow tion today with an overwhelming vote from Pennsylvania [Mr. GOODLING]. vocational-technical education stu- and send a message to the Senate that Mr. GOODLING. Mr. Chairman, I dents fairly and equitably. we are ready to do business with the yield myself such time as I may The legislation strengthens the aca- other body. consume. demic component of vocational-tech- Mr. Chairman, I reserve the balance I rise in strong support of H.R. 1853, nical education programs, and this is of my time. the Carl D. Perkins Vocational-Tech- so important because in 1950, 60 percent Mr. CLAY. Mr. Chairman, I yield my- nical Education Act Amendments of of all the jobs that were available were self 2 minutes. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5415 Each year the Perkins Act helps over Federal education statutes. It provides The first and most important goal, of 10 million vocational students receive support for vocational and technical course, is strengthening academics. high-quality education, to receive jobs education programs, which are ex- And what we have tried to do in this and skill training and to receive sup- tremely important for meeting the legislation is combine strong academ- port services. That is our country’s needs, as I think the chairman has al- ics with expanded vocational and tech- flagship vocational education program. ready mentioned, of the 75 percent of nical education opportunities for We have worked with our Republican our young people who are not college young people. colleagues for several months to re- bound, or who, if they go to college, The second theme, of course, is solve differences concerning reauthor- will not complete college with a 4-year broadening opportunities for young ization of this act and have reached a degree. people after high school. We heard tes- fair compromise in the way States dis- I worry a little bit that, particularly timony at a field hearing just across tribute vocational education funds to at this point in time, when we find our- the Potomac River in northern Vir- the local educational agencies. selves debating a number of tax incen- ginia at Thomas Jefferson High School So, Mr. Chairman, I want to com- tives, to make the third and fourth in Fairfax County, VA, that there are mend the gentleman from California years of education more affordable, currently 18,000 jobs, and these are [Mr. RIGGS] and the gentleman from more accessible to young people, that high-wage, high-skill jobs, that are California [Mr. MARTINEZ] and the gen- we might look past the fact, again, currently unfilled in northern Virginia tleman from Pennsylvania [Mr. GOOD- that most of our young people are not because employers and business owners LING], the chairman, for resolving these college bound, or, if they go to college, cannot find the job applicants to fill difficult issues. they will not complete college with a 4- those positions. The bill as reported by the commit- year degree. We do not have an education system tee would have resulted in a significant Because we do have, I think, a very that prepares enough of our young peo- reduction in funding for existing voca- legitimate interest and a real Federal ple to be technologically capable for tional education programs in urban role in helping to prepare those young the work force and to have, if you will, and rural areas. The bipartisan agree- people for the work force. That is, I be- the work force literacy skills, the ment reached on the formula that will lieve, in our national defense interest entry skills that they will need to go be offered later by the gentleman from as a country. And, of course, we always out there and compete and succeed in Pennsylvania [Mr. GOODLING] preserves have an interest at the Federal level in the work force. formula allocations for existing voca- attempting to help to prepare and edu- The average salary for those unfilled tional education programs for the first cate our young people to sustain our positions in northern Virginia, we 3 years, and it provides for the gradual democracy. heard, is over $45,000. That is the start- implementation of a formula based 60 So I want to take this opportunity to ing annual salary for those positions percent on poverty and 40 percent on thank the members of our committee on average. If we are going to ensure population. for their contributions to this legisla- that America meets the next century Although some of us would have pre- tion. I want to thank, in particular, of as a world leader, we have to focus on ferred maintaining the existing Per- course, the gentleman from Pennsylva- making sure that our citizens have the kins Act formula for all 5 years of re- nia [Mr. GOODLING], the chairman, for technological skills to compete in an his strong leadership in the area of vo- authorization, this, however, is a fair, ever-more global economy. If the glob- cational and technical education over good faith compromise that will ensure al economy today is the size of a beach the years, not just at the Federal level, the continuation of all local programs. ball, the global economy of the 21st Mr. Chairman, the bill also strength- but also in support of some very well- century, the brave new world just ens the integration of academics and established vocational institutions in around the corner, is going to be the vocational education to ensure that vo- the Commonwealth of Pennsylvania size a golf ball. What we are trying to cational education programs are aca- and in his congressional district. demically challenging. Speaking of Pennsylvania, I want to do here is bring the Perkins voca- Finally, Mr. Chairman, this bill thank a new member of the committee, tional-technical education statute into needs additional improvement with re- the gentleman from Pennsylvania [Mr. the 21st century. The last thing that I want to men- gard to women, especially for displaced PETERSON] for his help on this legisla- homemakers and those entering non- tion. He was a cosponsor of H.R. 1853 tion is that we are in this bill driving traditional employment. Later this and has worked with us very diligently more money down to the classroom. morning, the gentlewoman from Ha- to help ensure passage of the bill. My colleagues are going to see that waii [Mrs. MINK] will offer amendments This bill is very much bipartisan in theme, that effort, repeated in every which are designed to achieve gender nature. And for that, I want to thank major Federal education bill that we equity in vocational education, and de- the gentleman from Missouri [Mr. bring to the House floor in this session spite what was said, it is needed, Mr. CLAY], the distinguished ranking mem- of Congress. We want to get more Chairman. ber of the full committee, my very money down to the local level, into the I hope that our colleagues will sup- good friend, and the gentleman from classroom, and not into the hands of port this amendment and support the California [Mr. MARTINEZ], the distin- someone who does not know that reauthorization bill. guished ranking member of the sub- child’s name. That is our goal. Mr. GOODLING. Mr. Chairman, I committee which I chair. In this bill we send 90 percent of the yield 61⁄2 minutes to the gentleman We have tried to generate a broad funds to the local level. If we are going from California [Mr. RIGGS], the sub- base of support for this legislation and to see real change in vocational-tech- committee chairman, who was so in- a bill that both sides of the aisle can nical education, it is not going to come strumental in bringing the legislation support and that, hopefully, can be from the Federal level, it is going to to the floor. signed into law by the President. It is come from the local level, from teach- Mr. RIGGS. Mr. Chairman, I thank absolutely critical, my colleagues, that ers in the classroom making a dif- the very distinguished gentleman from our young people receive a high-quality ference. Change is going to come from Pennsylvania [Mr. GOODLING], the education, whether they are bound for schools like the new technology high chairman, for yielding me the time. college, whether they are going to school in Napa County, CA, in my dis- I want to say good morning to the enter the military, which is still the trict, which is preparing students to Speaker and my colleagues and tell largest training institution in the enter a high technology career or to go them that I am glad to stand before world, or whether they are going to go on to college. them today in very strong support of directly into the work force. We have worked very closely, as I the very important Federal education Three themes resonate throughout mentioned earlier, with Members on statute, the Carl D. Perkins Voca- this bill. You might call these three the other side of the aisle trying to tional-Technical Education Act themes the ABC’s of vocational-tech- form a bipartisan agreement on this Amendments of 1997. nical education: Strengthening aca- bill. We have made well over 60 changes This bill reforms and reauthorizes, in demics, broadening opportunities, and to this legislation to date to accommo- my view, one of the most important sending more money to the classroom. date the request of House Democratic H5416 CONGRESSIONAL RECORD — HOUSE July 17, 1997 Members, members of the committee, porate a bipartisan compromise which partisan support for this bill has not 60 changes since the date of introduc- affects the funding stream for existing been easy, it has come about, and I be- ing the bill to passage of the bill by the vocational education programs. lieve that is both significant and im- committee. This new formula gradually incor- portant. In fact, the gentleman from Califor- porates a slightly less targeted dis- There are several provisions of this nia [Mr. MARTINEZ], the ranking mem- tribution method over a 5-year period. bill that are commendable. The ‘‘such ber of the subcommittee, wrote me a At the end of the five-year period, sums’’ authorizations, for instance, letter on June 4 outlining several con- funds going down to the secondary gives us room to seek a significant in- cerns he had with the discussion draft school districts will go out based on a crease in funding for vocational edu- of the legislation, the bill that I had in- formula of 60 percent poverty, 40 per- cation. troduced; and I can now say that we cent population. The separate authorization for tech have met the concerns of all the areas Unfortunately, the one issue that prep is a noteworthy accomplishment. he addressed, including the substate clouds a fuller bipartisan embrace of This is a highly successful and popular formula. this legislation is its termination of program. It has done well in appropria- The chairman explained the com- programs ensuring gender equity. As tions and should certainly grow in the promise that we have worked out on the gentleman from Missouri [Mr. years ahead. the formula. However, I wanted to CLAY], the ranking member, mentioned The provisions of the reserve for In- point out for the record that we devel- a minute ago, my colleague, the gen- dian programs are good, and I am espe- cially encouraged that we have made oped a substate formula in this bill tlewoman from Hawaii [Mrs. MINK] will which more equitably distributes fund- offer an amendment to rectify this sit- bureau funded secondary schools eligi- ing throughout the States and more uation. ble to receive funds under the within appropriately distributes money for I strongly urge careful consideration State allocation of the basic State students in vocational and technical of this amendment. I would like to grant. We also permit private school- education programs. thank the gentleman from Missouri teachers to participate in professional This formula does not take money [Mr. CLAY], the ranking member, and development programs in both Goals away from cities or poor areas. And the gentleman from Pennsylvania [Mr. 2000 and the Improving America’s under our bill, I believe that almost all GOODLING], the chairman, and the gen- Schools Act of 1994, and I am especially school districts will gain. H.R. 1853 is a tleman from California [Mr. RIGGS] for glad that we permit the States and lo- good bill. It is a fair bill. It is a bill the work on this bill. calities to do so in this legislation. that is going to do a better job in pre- Dealing with the more difficult issues The formula regarding the within paring our young people for the edu- which this reauthorization presents State allocation of funds has been im- cational and employment opportuni- took many hours of both Members’ proved and refined through this reau- ties of the 21st century, and I urge its time and staff time. However, as we thorization process. While I certainly passage. have done on other bills which we have support the changes that have been Mr. CLAY. Mr. Chairman, I yield 3 passed out of the House during this made, I continue to believe that the minutes to the gentleman from Califor- Congress out of our committee, we put formula can be further improved and nia [Mr. MARTINEZ]. our partisan differences aside and targeted. Mr. MARTINEZ. Mr. Chairman, I reached an agreement that we could all In another area, I regret very much want to thank the ranking member of support. that we have weakened current law the full committee for yielding me I urge the Members on my side to with respect to sex equity. That is time. support this bill. something I have been pushing for my I am pleased to join the gentleman Mr. RIGGS. Mr. Chairman, I yield 1 21 years here in the Congress, and I from Missouri [Mr. CLAY], my ranking minute to the gentleman from North think that the role of the sex equity member, and the gentleman from Carolina [Mr. BALLENGER], a very dis- coordinator has been very important Pennsylvania [Mr. GOODLING] and the tinguished member of the subcommit- and I will be supporting the Mink- gentleman from California [Mr. RIGGS], tee and the chairman. Morella amendment when that is of- the chairmen of the full committee and Mr. BALLENGER. Mr. Chairman, I fered. subcommittee, in bringing this bill be- wanted to speak in favor of H.R. 1853, Mr. Chairman, I believe this is a good fore the House today. the Carl D. Perkins Vocational-Tech- bill, even though I believe there are H.R. 1853, the Carl D. Perkins Voca- nical Education Act Amendments. As a several areas where it can be improved. tional-Technical Education Act businessman who had to hire many I intend to support the floor amend- Amendments of 1997 have been the sub- people through my business lifetime, ments and will continue to work in the ject of many hours of discussion be- the most frustrating thing that occurs conference for improvements. tween myself and the gentleman from is when a person requests to fill out an Mr. Chairman, I would like to engage California [Mr. RIGGS], with the aim of application for work but they do not in a colloquy with the gentleman from producing a bipartisan bill we can all have time and they ask to be able to Pennsylvania [Mr. GOODLING], the support. take that application home with them. chairman of the full committee. While not being absolutely perfect, One knows then they cannot read or In section 103(c)(1) of the legislation this legislation has gained my support write, which one we do not know. But now under consideration, secondary and I believe should gain the support of they still want a job. school programs in schools funded by my colleagues due to the changes that Primary and secondary education did the Bureau of Indian Affairs will no have been made and the amendment to not provide what is necessary. That longer be eligible to receive assistance be offered by the gentleman from person is trapped in that never-never under the reserve of funds for Indian Pennsylvania [Mr. GOODLING]. land of joblessness and programs. Am I correct in that as- Upon the expiration of general de- unemployability. Job training is their sumption? bate, the gentleman from Pennsylvania only way out. Giving them some help Mr. GOODLING. Mr. Chairman, will [Mr. GOODLING], the chairman, will through vocational and technical the gentleman yield? present us with the manager’s amend- training gives them a chance. Mr. KILDEE. I yield to the gen- ment to this bill, which deals with one Please vote for H.R. 1853. tleman from Pennsylvania. of the most fundamental concerns the Mr. GOODLING. The gentleman is b committee Democrats had during the 1100 correct. markup. Mr. CLAY. Mr. Chairman, I yield 4 Mr. KILDEE. I understand, however, That was the secondary substate for- minutes to the gentleman from Michi- that the provision in question is in- mula. Instead of the reported bill’s pro- gan [Mr. KILDEE]. cluded in this legislation in order to vision, which deemphasized poverty Mr. KILDEE. I thank the gentleman make it clear that the bureau funded and allowed the States to withhold dol- for yielding me this time. schools with secondary vocational pro- lars which should go out by formula, Mr. Chairman, I rise to urge passage grams will be considered a local edu- the manager’s amendment would incor- of this legislation. While bringing bi- cation agency eligible for funding July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5417 under the within State allocation of eration of technology, this legislation The States are to annually submit a report to funds under the basic State grant. is more important than ever. We can the Secretary on how they are preforming on Mr. GOODLING. That is also correct. no longer ignore those students whose their State benchmarks. I am a strong believer In accordance with provisions of sec- talents are wasted because they never in benchmarks since they help provide over- tion 14101 of the Elementary and Sec- go to college. It is not only a waste for sight and they help determine the effective- ondary Education Act of 1965, bureau them but it is a waste for the needs of ness of various programs. funded schools are local educational our economy. This legislation will help us achieve the goal agencies. Thus they would qualify for Excellent exampleÐexhibit A of how well of providing our youth a higher level of tech- funding under the basic State grant. we can work on a bipartisan basis to better nology training. This will provide greater ac- Bureau funded schools will receive vo- serve the genuine needs of the people. The cess to a system that would allow these stu- cational education funding assistance modern acceleration of technology and in- dents to build a high-quality, high-value high- from the within State allocation of creasing competition in the global economy re- wage career. funds and will qualify for such assist- quire us to rethink our approach to education. School to workÐrelevant education for per- ance in the same manner as would any We can no longer ignore * * * and therefore sonal fulfillment and meet economic needs. other local education agency in the waste the talents of the vast numbers of stu- Mr. Chairman, may I conclude by State. dents who never go to college. There exists a simply saying that school-to-work is Mr. KILDEE. The purpose of the lan- yawning gap between those students who are relevant education, not only for per- guage in section 103(c)(1), therefore, is prepared and unprepared to enter our high- sonal fulfillment of the students in- to make bureau funded schools eligible skills workplace. volved but also to meet our vast eco- for funding under the within State al- As a result, our economy suffers. If we are nomic needs in the new brave world in location of funds. Making such schools to meet our work force demands we must which we are operating. ineligible for funding under section have effective technology schools, such as Mr. GOODLING. Mr. Chairman, I 103(c)(1) removes any question of the Sussex Tech in Sussex County, NJ. Bergen yield 3 minutes to the gentleman from source of funding, as well as any ques- technical school, Passaic and Warren County Pennsylvania [Mr. PETERSON], who has tion of whether or not such schools are schools. been very active in helping us put this eligible to receive funding from more I have a particular longstanding interest in legislation together. than one source. The intent of our lan- improving the relevance of vocational edu- Mr. PETERSON of Pennsylvania. Mr. guage is to make clear that funding for cation. This legislation does this. Chairman, I want to thank the gen- bureau funded schools operating sec- We need to continue to improve the national tleman for yielding me this time. I ondary programs will come as a result school-to-work systemÐa system that would want to commend the gentleman from of the eligibility of those schools to re- emphasize technological developments. Pennsylvania [Mr. GOODLING], the gen- ceive assistance under section 202 of This legislation makes several beneficial tleman from California [Mr. RIGGS], this legislation, which amends part B changes to vocational education. First of all, the gentleman from California [Mr. of title II of current law. this bill eliminates set-asides which have pro- MARTINEZ], and the gentleman from Mr. GOODLING. That too is correct. hibited a particular State's ability to adjust to Missouri [Mr. CLAY], the ranking mem- I would point out, however, that bu- its own special populations. With this change, bers, for working together to put to- reau funded schools that have operated a State can assess and address its own gether a bill that I think will make a adult education programs would re- needs. positive difference in vocational edu- main eligible to receive funding under We need desperately to continue to cation in America. section 103(c)(1) pertaining to the re- improve the national school-to-work I would also like to commend the serve of funds for Indian programs. The system, and this legislation does that staff, Becky Voslow, Sally Lovejoy, provision making bureau funded in a very real way. It makes several and Alex Nock, who worked tirelessly schools ineligible to receive section beneficial changes to the vocational together. We all know, when doing 103(c)(1) funding applies only to second- bill. It certainly eliminates set-asides compromises, who really does a lot of ary school programs at such schools. which have prohibited a particular the hard work. I want to commend Mr. KILDEE. Mr. Chairman, I thank State’s ability in the past to adjust to them for all their efforts. the gentleman for that specific clari- its own special populations. I think I believe if this country is going to fication, and I thank the gentleman for this represents progress. With this compete, if we are going to continue to joining with me in this colloquy. change, a State can assess and address be a manufacturing leader in the world, Mr. GOODLING. Mr. Chairman, I its own needs. and I do not think we will be a strong yield 2 minutes to the gentlewoman The legislation also emphasizes sending country if we do not, we have to im- from New Jersey [Mrs. ROUKEMA]. funds to the local level. With the passage of prove our ability to deliver vocational (Mrs. ROUKEMA asked and was this legislation, 90 percent of the funds will be and technical education. I think this given permission to revise and extend headed to the local level to provide programs bill moves us in the right direction. It her remarks.) to prepare our youth for the technological age. does not solve all the problems. I Mrs. ROUKEMA. I thank the gen- This legislation makes an important change toured a plant in Blossburg, PA, in my tleman for yielding me this time. to assist rural and suburban areas in the low- district this week that is doing some- Mr. Chairman, I rise in strong sup- ering of the minimum grant amount for local thing very interesting. That plant em- port of this legislation. It is much educational agencies and postsecondary insti- ploys about 1,000 people in one of the needed. I want to observe, too, with the tutions. This change is helpful because it will most rural parts of Pennsylvania and is leadership of the gentleman from allow more schools to apply for grants, since growing fast. They have brought to Pennsylvania [Mr. GOODLING], the gen- they will be more likely to become eligible. Pennsylvania a Japanese technology, tleman from Missouri [Mr. CLAY] and The legislation also emphasizes send- refined it; these things used to be made certainly the gentleman from Califor- ing funds to the local level. With the for Japanese cars, these parts, in nia [Mr. RIGGS], the subcommittee passage of this legislation, 90 percent Japan. They are now being manufac- chairman, that we have an excellent of the funds will be headed to the local tured in Pennsylvania. But that plant example here, maybe exhibit A, of how level to provide programs to prepare is high technology. There has been a well we can work together on a biparti- our youth for the technological age. It huge investment made there. The san basis and better serve or genuinely makes important changes to assist workers there need skills and a good serve the needs of the people. I think rural and suburban areas as well as the academic base. That is important in this is an excellent example of how we urban areas, to get the needed mini- this country. can move forward without partisan mum grant for local educational agen- I recently also toured a plant in bickering. cies and postsecondary institutions. State College. If one buys a Japanese I also want to say that this particu- This is a great improvement over the TV, there is a very good chance the lar subject is very near and dear to me. past. picture tube came from State College, I have always been devoted to voca- This legislation also includes a provision PA, because they are really becoming a tional education, but I must say in the which requires States to establish their own dominant player in that market. modern global economy and the accel- State benchmarks to measure their progress. Again, huge investment of capital and H5418 CONGRESSIONAL RECORD — HOUSE July 17, 1997 very high tech jobs. They are not from the emphasis on poverty to an and I thank the gentleman from Penn- strong backs and strong arms that are emphasis on population in fiscal years sylvania [Mr. GOODLING] very much for needed but technical knowhow. 2001 and 2002. Under the current dis- his diligent work on this. This bill moves more funds to the tribution formula for funds for school Mr. Chairman, 75 percent of American classroom, 15 percent more. I think districts, the emphasis is 70 percent on youth do not complete a 4-year college de- that makes a big difference. We need to poverty and 30 percent on population. I gree. This bill appropriately changes the way get the money in the classroom. Many believe that this is a fair formula. funds are distributed from the Federal Govern- of our arguments have been the Fed- In my district, Mr. Chairman, I have ment to the States by targeting the funds more eral rules that we want to put down on thousands and thousands of disadvan- directly to the youth and young adults up to the States. I come from State govern- taged, underprivileged individuals who age 24 which are served by the Carl D. Per- ment. State government bureaucracies need to catch up, individuals who need kins Vocational and Applied Technology Edu- do not need us to tell them all the fine special attention. I do not believe that cation Act. This legislation broadens opportu- details of educating our youngsters. It as we shift away from an emphasis on nities after high school for vocational-technical is important that we allow them to be need to an across-the-board program, education students by ensuring that they re- free. Because what we have when we that this is in the best interests of ceive a high-quality education which will allow have a lot of Federal rules, we have a rural America, nor is it in the best in- them to continue on to college or further edu- Federal bureaucracy, and if we go into terests of inner-city urban America. cation, the military, training or directly into the most State departments of education, Mr. GOODLING. Mr. Chairman, I work force. the majority of the people working yield 2 minutes to the gentleman from In addition, H.R. 1853 most importantly al- there are dealing with implementing Nebraska [Mr. BEREUTER]. ters the amount of dollars sent to the local the Federal rules. So we have all of (Mr. BEREUTER asked and was level. Under current law, only 75 percent of this money wasted at the Federal level given permission to revise and extend Federal dollars currently are required to flow and at the State level that should be his remarks.) to the local school districts. This bill requires going to the classroom. Mr. BEREUTER. Mr. Chairman, I 90 percent of the dollars to go to the local The other issue that we struggled rise in strong support of this legisla- level. Any true change in vocational-technical over was the rural set-aside. I was dis- tion. I want to commend the gen- education must come from the local levelÐ appointed in the great opposition for tleman from California and the gen- from teachers who are in the classroom mak- that because rural America is way be- tleman from Pennsylvania for their ex- ing a difference. The increased funding that hind urban America in vocational edu- cellent work and our colleagues on H.R. 1853 sends to the local level in this cation. If this country is going to re- both sides of the aisle that serve on Member's home State of Nebraska will result main strong, rural America needs to this committee. My colleagues may in a $52,000 increase for the Lincoln Public have equity. We need to be able to have heard me applauding a few min- School System, a $3,000 increase for the York train the young people. Many parts of utes ago when the gentleman from Public Schools, an increase of $1,600 for the rural America do not have vocational Pennsylvania made his remarks, be- Wahoo Public Schools, $700 more for the education. All we wanted to do was to cause I regret the fact that the chair- Homer Community Schools, a $2,200 increase have a 10-percent set-aside that al- man reached, I think, the right conclu- for Nebraska City Public Schools, and $8,000 lowed States to meet that need if they sion in the face of opposition to cut the more in funding for the Norfolk Public Schools, wanted to. rural set-aside from 10 to 5 percent. I just to name a few. We were not against money for think that was inappropriate pressure This Member is also pleased that H.R. 1853 urban. Urban has always been the big from the other side of the aisle. I think contains two important components to assist winner when we look at the formula. they should not be anti-rural in their rural schools. One provision enables States to We were disappointed but we do accept actions. Nevertheless, this bill has set aside a portion of the funds flowing to the the compromise of five and give. But I many important features that are posi- local level to target rural areas. This provision would like to say to my urban friends, tive. provides States with discretion in the equitable in the future, rural America, if we are H.R. 1853, for example, most impor- distribution of funds throughout the State. An not going to be an imposition on the tantly alters the amount of dollars additional provision lowers the minimum grant welfare rolls, we have to be able to spent at the local level. Under the cur- for secondary and postsecondary programs, train our workers, and vocational edu- rent law, only 75 percent of Federal enabling more small schools to qualify. cation is one of the ways we need to do dollars currently are required to flow Mr. Chairman, I urge my colleagues that. to the local school districts. This bill, to support this legislation. This is an I want to thank all of those that of course, in a very important change, important reform bill, and it deserves compromised. There may have been a requires 90 percent of those dollars to to be supported. little more compromise than I would go to the local level. Any true changes Mr. GOODLING. Mr. Chairman, I have liked, but I am willing to accept in vocational technical education must yield 21⁄2 minutes to the gentleman it today and move this bill forward. come from the local level, from teach- from Delaware [Mr. CASTLE], a very im- Mr. CLAY. Mr. Chairman, I yield 2 ers who are in the classroom, to make portant member of the committee. minutes to the gentleman from Illinois a difference. Mr. CASTLE. Mr. Chairman, I thank [Mr. DAVIS]. Mr. Chairman, I am also pleased that the gentleman from Pennsylvania [Mr. Mr. DAVIS of Illinois. Mr. Chairman, this legislation contains two important GOODLING] for yielding this time to me, I certainly want to thank the gen- components to assist rural commu- and I do congratulate Chairman GOOD- tleman from Missouri [Mr. CLAY] for nities and schools. Not as much as I LING and the gentleman from Califor- yielding me this time. had hoped but a big and important nia [Mr. RIGGS] and the gentleman Mr. Chairman, while I commend and change, especially in the longer term. from Missouri [Mr. CLAY] and the gen- congratulate all of those who have One provision, of course, encourages tleman from California [Mr. MARTINEZ] hammered out this agreement, I have the States and permits them to set and the staff of this committee, which some concerns about it. There seems to aside a portion of the funds flowing to is rapidly becoming the committee be a theme that resonates throughout the local level to target rural or non- that seems to work out very difficult this Congress, and that theme is to metropolitan areas. This provision pro- legislation and bring it to the floor take from the poor and give to the vides States with discretion in the eq- with a minimum amount of opposition wealthy, well-to-do and the rich. It is uitable distribution of funds through- and really do something to improve the very theme that divides rather out the State. An additional provision education in America, and I do rise in than unites. It is the theme that shat- lowers the minimum grants for second- very strong support of this legislation. ters millions of Americans’ hope and ary and postsecondary programs, ena- We have to remember that about 75 faith in the American system. It seems bling more schools to qualify. percent of our Nation’s youth does not to me that some portions of this com- receive a 4-year college degree, and in promise continues that theme. This b 1115 order to ensure that that percentage of compromise, while better than the Mr. Chairman, I think that is a very our population is going to thrive in to- original proposed formula, moves away important change, it is long needed, day’s economy, in my judgment it is July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5419 imperative they receive a quality high was when the Federal Government first a vocational-technical education pro- school education, meaning relevant began to support vocational education. gram to receive a well-rounded edu- skills and strong academics, whether Today, still, vocational-technical edu- cation. they are bound for college, the mili- cation programs fill a very critical Mr. GOODLING. Mr. Chairman, I tary, further training, or go directly need. yield myself 30 seconds. into the work force. As my colleague from Delaware indi- Mr. Chairman, I do that just to again In the past, vocational-technical edu- cated, the programs prepare 75 percent thank the staff who worked so hard: cation policy encouraged the develop- of American youths who do not com- Becky Voslow, Mary Clagett, Vic ment of specific occupational programs plete a 4-year degree for jobs requiring Klatt, Sally Lovejoy; staff Republican in areas such as trade and industry, advanced training and knowledge. The members Mark Davis, Trent Barton business, and home economics. It tar- programs demand a strong background with the gentleman from California geted students with special needs such in math and science, as they should, [Mr. RIGGS]; Bob Moran with the gen- as displaced homemakers and single and students have to be prepared for tleman from Pennsylvania [Mr. PETER- mothers, and today we realize mandat- the technical and competitive jobs that SON]; Democratic committee staff Alex ing specific uses of dollars at the fed- exist today. Nock, June Harris, Mark Zuckerman, eral level does not necessarily add up I know this because I have frequently David Evans; Congressional Research to a quality vocational education. visited with students and teachers and Service for all the thousands of for- It is time for Federal policy to give wonderful facilities throughout my dis- mula runs that they made trying to get more discretion to States and local dis- trict who use and support these pro- one that would fit one of our colleagues tricts, which are and always have been grams, and they strongly support it. on committee from New Jersey; it was the true laboratories of reform. The bill before us today builds on that very difficult to do; and Rick Appling I just like to share my experiences in success. It encourages stronger aca- and Wayne Riddle. Delaware, which has an outstanding demics, greater opportunities for use Mr. GALLEGLY. Mr. Chairman, I want to ex- vocational education program. In fact, after high school and targets more dol- press my support of H.R. 1853, the Carl D. one of our State’s three vocational- lars to the classroom. In fact, 90 per- Perkins Vocational-Technical Education Act Amendments of 1997. Seventy-five percent of technical high schools, Sussex Tech- cent of the Federal dollars will be sent American youth do not complete a 4-year col- nical High School in Georgetown, DE, to the local level under this bill, and lege degree. Vocational-technical education was honored as a U.S. Department of that is how it should be. Education blue ribbon school of excel- Finally, I am also pleased that the programs ensure that the necessary training and a high quality education is available to lence. This occurred after the school bill preserves the strength of the very those individuals. Our society is increasingly went through a paradigm shift similar popular tech prep program. In south- reliant on workers who have technological to the paradigm shift we are seeing in west Michigan this program has quick- the legislation we are considering skills and advanced training, making the sup- ly become an integral part of students’ today. It transformed itself from a cen- port of these programs critical to our economy. learning experience. I am especially pleased that this legislation ter serving part-time students into a Our businesses today are rightly de- ensures that States, localities, and parents full-time technical high school offering manding a better prepared work force. a rigorous integrated program of aca- have maximum control over decisions affect- This bill helps in a major way, and I demic and vocational studies to kids ing these programs and studentsÐand makes urge all members to support H.R. 1853. certain that 90 percent of each State allocation who actually choose to attend. In 1988, Mr. CLAY. Mr. Chairman, I yield students from this school scored at the goes to local districts. back the balance of my time. By helping young people to acquire these bottom of the heap on standardized Mr. GOODLING. Mr. Chairman, I tests, and enrollment had declined 35 necessary skills, we are improving the oppor- yield 11⁄2 minutes to the gentleman percent in 10 years. After a massive re- tunities available for our youth and helping our from Tennessee [Mr. HILLEARY], an im- structuring effort in 1988, Sussex Tech businesses to compete in the technologically portant new member of our committee. advanced, global economy. became a full-time comprehensive high Mr. HILLEARY. Mr. Chairman, I rise school with a challenging program of Ms. FURSE. Mr. Chairman, I rise to thank in strong support of H.R. 1853, and I the chairman and members of the Committee study organized around relevant career commend the gentleman from Penn- clusters. The result has been a dra- on Education and the Workforce for their work sylvania [Mr. GOODLING] and his staff matic improvement in SAT scores and with bringing the Carl D. Perkins Vocational- for their hard work. This legislation re- in the number of students taking the Technical Education Act to the House floor forms and repeals a number of burden- SAT, a dropout rate of less than 2 per- today. I am pleased that H.R. 1853 includes some and arcane provisions, including cent, soaring enrollment in college language which enables Oregon to continue set-asides for criminal offenders and prep level math courses and a 100-per- its integrated K±14 education and training sys- unfunded mandates on local and State cent increase in percentage of students tem. governments. enrolling in postsecondary education. Oregon has a unique set of regional part- The bill we consider today encom- More importantly, H.R. 1853 sends nerships composed of secondary and post- passes the main principles of this para- more money directly to the local level, secondary schools. Oregon's consortium digm shift which I was able to witness a 15-percent increase over current law. structure increases student achievement and in my own State. It strengthens the It reduces the amount of money that a promotes high skill standards by making better academics of vocational-technical edu- State can hold for administrative pur- professional technical programs available in a cation students, broadens the opportu- poses from 5 to 2 percent and ensures cost-effective manner to remote and sparsely nities of vocational-technical edu- that Federal dollars are being used to populated areas. cation students and sends more dollars support programs and not to sustain Oregon's innovative programs continue to to the local level for vocational-tech- bureaucracies. do an outstanding job preparing our students nical education programs, and I en- Another important provision of H.R. for the education and working challenges of courage each and every one of us to 1853 that is especially important for the 21st century. It is my hope that other support this very outstanding piece of rural districts like mine in Tennessee States will take a look at Oregon's regional legislation. protects the right of home schoolers to consortiums, and consider this model to im- Mr. CLAY. Mr. Chairman, I reserve educate their children at home. Fur- prove the teaching and learning of all our stu- the balance of my time. ther, this legislation prohibits voca- dents. Mr. GOODLING. Mr. Chairman, I tional-technical education programs I thank the chairman and members of the yield 11⁄2 minutes to the gentleman from requiring individuals to choose or committee for including this important lan- from Michigan [Mr. UPTON]. pursue a specific career path or meas- guage for Oregon in H.R. 1853. Mr. UPTON. Mr. Chairman, I too rise ure. Ms. HOOLEY of Oregon. Mr. Chairman, I in strong support of this legislation Mr. Chairman, I urge my colleagues rise today in support of this important legisla- and in praise of the leaders of the com- to support this important legislation tion to reauthorize the Carl Perkins Act. These mittee and the fine staff. that will help educate some of our Na- programs are making great strides in improv- The educational needs of our youth tion’s children who need it the most ing technical education in my State of Oregon indeed have changed since 1917, which and preserve the right of every child in and across this Nation. H5420 CONGRESSIONAL RECORD — HOUSE July 17, 1997 Most of my colleagues need no reminder vocational training they need to effectively SEC. 5. AUTHORIZATION OF APPROPRIATIONS. that the high-tech industry has become one of compete in the new job market. Section 3 of the Act is amended— Vocational programs are critical. As such, (1) in subsection (a) by striking the most important forces behind our surging, ‘‘$1,600,000,000’’ and all that follows and insert- economy, and has produced millions of new they broaden career opportunities for the 75 ing ‘‘$1,300,000,000, for fiscal year 1998 and such manufacturing and information-technology jobs percent of high school students who do not sums as may be necessary for each of the 4 suc- in this decade. In fact, the electronics and in- earn college degrees. They also equip many ceeding fiscal years to carry out the provisions formation technology industry employed more of our Nation's disadvantaged and disabled of titles I and II.’’; than 4 million American workers in 1995, and populations to compete for high paying jobs, (2) by amending subsection (b) to read as fol- the average wage of a high-tech worker is build careers, and raise the standard of living lows: ‘‘(b) TITLE I.—Of the amounts made available nearly 60-percent higher than that of the aver- for their families. under subsection (a)— age private sector worker. However, I am re- In 1994 the U.S. Census Bureau reported ‘‘(1) 1.5 percent shall be reserved to carry out peatedly told by high-tech companies in my that individuals with an associates degree section 103, relating to Indian and Native Ha- State that we're still not educating enough earned an average of $2,000 more per year waiians programs; and workers with adequate science, math and en- than those with only a high school diploma. ‘‘(2) 0.2 percent shall be reserved to carry out According to the Department of Labor, the section 101A, relating to the territories.’’; and gineering training to fill those jobs. (3) by striking subsections (c) through (f). The Carl Perkins Act educates over 10,000 number of low-skilled jobs is expected to de- cline from 47 percent of the work force in TITLE I—VOCATIONAL-TECHNICAL students each year through a variety of voca- EDUCATION ASSISTANCE TO THE STATES 1993 to 27 percent in the year 2000ÐandÐit tional education programs that have been SEC. 101. ALLOTMENT. is expected that nearly half of all jobs in the shown to be highly successful in helping to (a) IN GENERAL.—Title I is amended by strik- prepare students for high-tech careers. In my 21st century will require some post-secondary ing the matter preceding the text of section 101 State, the number of Professional Technical education. and inserting the following: students is increasing by 9 percent annually It is for these reasons, Mr. Speaker, that I ‘‘TITLE I—VOCATIONAL-TECHNICAL and should reach 35 percent by the year urge my colleagues to vote in favor of the Carl EDUCATION ASSISTANCE TO THE STATES 2000. D. Perkins Vocational-Technical Education Act ‘‘PART A—ALLOTMENT AND ALLOCATION’’ I am pleased that we have reached a rea- Amendments. It is vitally important that the ‘‘SEC. 101. ALLOTMENT.’’. sonable compromise on the funding formulas Nation's new work force receive effective edu- (b) ALLOTMENT.— and have partially restored the size of the min- cation and vocational training. Support of this (1) Paragraphs (1) and (2) of section 101(a) are imum grants to local education agencies. legislation is one means of ensuring its acces- amended to read as follows: sibility. ‘‘(a) SPECIFIC POPULATIONS.— While I do not believe that we should alter ‘‘(1) IN GENERAL.—In each fiscal year, from these formulas, it is beneficial that we have Vote ``yes'' for H.R. 1818. amounts made available under section 3(a), the been able to reach a consensus and hopefully Mr. GOODLING. Mr. Chairman, I Secretary shall reserve— reauthorize spending on these vital programs. yield back the balance of my time. ‘‘(A) 1.5 percent to carry out section 103, of I commend and congratulate the distinguished The CHAIRMAN. All time for general which— chairman, the subcommittee chairman and the debate has expired. ‘‘(i) 1.25 percent shall be available to carry Pursuant to the rule, the amendment out section 103(c); and ranking members for their hard work in doing in the nature of a substitute printed in ‘‘(ii) 0.25 percent shall be available to carry this. the bill shall be considered as an origi- out section 103(i); and I would like to mention my satisfaction with ‘‘(B) 0.2 percent for the purpose of carrying nal bill for the purpose of amendment one measure in this bill that would allow sec- out section 101A. under the 5-minute rule and shall be ondary and postsecondary schools to join in ‘‘(2) REMAINDER OF FUNDS.—From the remain- considered read. consortia to allow professional technical edu- der of the sums appropriated pursuant to sec- The text of the committee amend- tion 3, the Secretary shall allot to each State for cation to be delivered in a continuum from ment in the nature of a substitute is as each fiscal year— grades 9 through 14. follows: ‘‘(A) an amount which bears the same ratio to Under a waiver granted by the Secretary of 50 percent of the sums being allotted as the H.R. 1853 Education, Oregon has already developed 10 product of the population aged 15 to 19 inclu- such regional consortia that serve half of the Be it enacted by the Senate and House of Rep- sive, in the State in the fiscal year preceding the resentatives of the United States of America in eligible students. These consortia are common fiscal year for which the determination is made Congress assembled, and the State’s allotment ratio bears to the sum sense and cost-effective means of improving SECTION 1. SHORT TITLE. vocational education. In establishing the con- of the corresponding products for all the States; This Act may be cited as the ‘‘Carl D. Perkins and sortia, we have not only increased the number Vocational-Technical Education Act Amend- ‘‘(B) an amount which bears the same ratio to of students involved in the programs, but have ments of 1997’’. 50 percent of the sums being allotted as the improved professional technical education by SEC. 2. REFERENCES TO ACT. product of the population aged 20 to 24, inclu- engaging the entire community, including local (a) SHORT TITLE OF ACT.—Section 1(a) of the sive, in the State in the fiscal year preceding the businesses, to provide continuous quality im- Act is amended by striking ‘‘(a) SHORT TITLE.— fiscal year for which the determination is made provement. ’’ and further by striking ‘‘Vocational and Ap- and the State’s allotment ratio bears to the sum I am pleased that we have been able to ad- plied Technology’’ and inserting ‘‘Vocational- of the corresponding products for all the Technical’’. States.’’ dress this bill, and continue providing these (b) REFERENCES TO ACT.—Except as otherwise (2) Paragraph (3) of section 101(a) is amend- important programs to advance the technical expressly provided, whenever in this Act an ed— educations of so many students across the amendment or repeal is expressed in terms of an (A) by striking subparagraphs (A) and (C); Nation. amendment to, or repeal of, a title, chapter, (B) by redesignating subparagraphs (B) and I urge my colleagues to support this bill. part, subpart, section, subsection, or other pro- (D) as (A) and (B), respectively; Mr. STOKES. Mr. Speaker, I rise to express vision, the reference shall be considered to be (C) in subparagraph (A), as redesignated, by made to a title, chapter, part, subpart, section, striking clause (i), and inserting the following: my support for H.R. 1853, the Carl D. Perkins ‘‘(i) Notwithstanding any other provision of Vocational-Technical Act Amendments of subsection, or other provision of the Carl D. Perkins Vocational-Technology Education Act law and subject to subparagraph (B) and clause 1997. This important legislation reauthorizes as amended in subsection (a). (ii), no State shall receive less than 1⁄2 of 1 per- and revises the current vocational education SEC. 3. TABLE OF CONTENTS. cent of the amount available for each such pro- statute. Section 1(b) is repealed. gram for each fiscal year under this sub- section.’’; and H.R. 1853 focuses on strengthening the SEC. 4. PURPOSE. (D) in subparagraph (A)(ii), as redesignated, academics of vocational training for those Section 2 of the Act is amended to read as fol- by striking ‘‘or part A, B, C, D, or E of title among our Nation's youth who do not earn a lows: III’’. 4-year college degree. In doing so, it ensures ‘‘SEC. 2. PURPOSE. (3) By amending subsection (c) to read as fol- the overall quality of vocational education and ‘‘It is the purpose of this Act to develop more lows: provides special populations with access to fully the academic, occupational, and technical ‘‘(c) ALLOTMENT RATIO.— high quality vocational education. skills of individuals participating in vocational- ‘‘(1) IN GENERAL.—The allotment ratio for any technical education programs. This purpose will As the Nation moves individuals from the State shall be 1.00 less the product of— be achieved through concentrating resources on ‘‘(A) 0.50; and welfare rolls to the work force, and as the Na- improving vocational-technical education pro- ‘‘(B) the quotient obtained by dividing the per tion enters the 21st century, it is essential that grams leading to academic and technical skill capita income for the State by the per capita in- welfare recipients and other disadvantaged competencies needed to work in a techno- come for all the States (exclusive of Puerto Rico Americans have access to the education and logically advanced society.’’. and the Virgin Islands), except that— July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5421 ‘‘(i) the allotment ratio in no case shall be manner consistent with the principles of the In- carry out vocational-technical education pro- more than 0.55 or less than 0.40; and dian Self-Determination and Education Assist- grams consistent with the purposes of this Act. ‘‘(ii) the allotment ratio for Puerto Rico and ance Act (25 U.S.C. 450 et seq.) and the govern- ‘‘(e) GRANT APPLICATION.—In order to receive the Virgin Islands shall be 0.55. ment-to-government relationship between the a grant under this section an entity described in ‘‘(2) ALLOTMENT RATIOS.—The allotment ra- Federal Government and Indian tribal govern- subsection (c) shall submit an application to the tios shall be promulgated by the Secretary for ments. Secretary and shall include an assurance that each fiscal year between October 1 and Decem- ‘‘(b) DEFINITIONS.—As used in this section: such entity shall comply with the requirements ber 31 of the fiscal year preceding the fiscal year ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na- of this Act. for which the determination is made. Allotment tive’ means a Native as such term is defined in ‘‘(f) SPECIAL CONSIDERATION.—The Secretary, ratios shall be computed on the basis of the av- section 3(b) of the Alaska Native Claims Settle- in making grants under subsection (c), shall erage of the appropriate per capita incomes for ment Act (43 U.S.C. 1602(b)). give special consideration to— the 3 most recent consecutive fiscal years for ‘‘(2) BUREAU FUNDED.—The term ‘Bureau ‘‘(1) grants which involve, coordinate with, or which satisfactory data are available. funded school’ means— encourage tribal economic development plans; ‘‘(3) DEFINITION.—The term ‘per capita in- ‘‘(A) a Bureau school; and come’ means, with respect to a fiscal year, the ‘‘(B) a contract school; or ‘‘(2) applications from tribally controlled com- total personal income in the calendar year end- ‘‘(C) a school for which assistance is provided munity colleges which— ing in such year, divided by the population of under the Tribally Controlled Schools Act of ‘‘(A) are accredited or are candidates for ac- the area concerned in such year. 1988. creditation by a nationally recognized accredi- ‘‘(4) POPULATION DETERMINATION.—For the ‘‘(3) INDIAN, INDIAN TRIBE, AND TRIBAL ORGA- tation organization as an institution of post- purposes of this section, population shall be de- NIZATION.—The terms ‘Indian’, ‘Indian tribe’, secondary vocational-technical education; or termined by the Secretary on the basis of the and ‘tribal organization’ have the meanings ‘‘(B) operate vocational-technical education latest estimates available to the Department.’’. given such terms in subsections (d), (e), and (l), programs that are accredited or are candidates SEC. 101A. THE TERRITORIES. respectively, of section 4 of the Indian Self-De- for accreditation by a nationally recognized ac- Section 101A of the Act is amended by insert- termination and Education Assistance Act (25 creditation organization and issue certificates ing after subsection (c) the following new sub- U.S.C. 450b). for completion of vocational-technical education section: ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The programs. ‘‘(g) CONSOLIDATION OF FUNDS.—Each entity ‘‘(d) RESTRICTION.—Notwithstanding any term ‘institution of higher education’ has the other provision of law, the Republic of the Mar- meaning given such term in section 1201(a) of receiving assistance under this section may con- shall Islands, the Federated States of Microne- the Higher Education Act of 1965 (20 U.S.C. solidate such assistance with assistance received sia, and the Republic of Palau shall not receive 1141(a)). from related programs in accordance with the any funds under this part for any fiscal year ‘‘(5) NATIVE HAWAIIAN AND NATIVE HAWAIIAN provisions of the Indian Employment, Training that begins after September 30, 2001.’’. ORGANIZATION.—The terms ‘Native Hawaiian’ and Related Services Demonstration Act of 1992 and ‘Native Hawaiian organization’ have the (25 U.S.C 3401 et seq.). SEC. 102. WITHIN STATE ALLOTMENTS. meanings given such terms in paragraphs (1) ‘‘(h) NONDUPLICATIVE AND NONEXCLUSIVE Section 102 is amended— and (3), respectively, of section 9212 of the Na- SERVICES.—Nothing in this section shall be con- (1) in subsection (a)— tive Hawaiian Education Act (20 U.S.C. 7912). strued— (A) in paragraph (1) by striking ‘‘at least’’ ‘‘(6) TRIBALLY CONTROLLED COMMUNITY COL- ‘‘(1) to limit the eligibility of any entity de- and all that follows through the semicolon and LEGE.—The term ‘tribally controlled community scribed in subsection (c) to participate in any inserting ‘‘an amount equal to not less than 90 college’ has the meaning given such term in sec- activity offered by a State or local entity under percent of the allotment shall be available for tion 2(a)(4) of the Tribally Controlled Commu- this title; or basic programs under part B of title II;’’; nity College Assistance Act of 1978 (25 U.S.C. ‘‘(2) to preclude or discourage any agreement, (B) by striking paragraph (2); 1801(a)(4)). between any entity described in subsection (c) (C) by redesignating paragraphs (3) and (4) as ‘‘(7) TRIBALLY CONTROLLED POSTSECONDARY and any State or local entity, to facilitate the paragraphs (2) and (3), respectively; VOCATIONAL INSTITUTION.—The term ‘tribally provision of services by such entity or to the (D) in paragraph (2), as redesignated, by controlled postsecondary vocational institution’ population served by such entity. striking ‘‘8.5’’ and inserting ‘‘8’’ and further by means an institution of higher education that— ‘‘(i) NATIVE HAWAIIAN PROGRAMS.—From the adding after the semicolon ‘‘and’’; ‘‘(A) is formally controlled, or has been for- funds reserved pursuant to section (E) in paragraph (3), as redesignated— mally sanctioned or chartered, by the governing 101(a)(1)(A)(ii), the Secretary is directed to enter (i) by striking ‘‘5’’ and inserting ‘‘2’’; body of an Indian tribe or Indian tribes; into contracts with organizations primarily serv- (ii) by striking ‘‘of which—’’ and all that fol- ‘‘(B) offers a technical degree or certificate ing and representing Native Hawaiian Programs lows through ‘‘and’’ at the end and inserting granting program; which are recognized by the Governor of the the following: ‘‘(C) is governed by a board of directors or State of Hawaii to plan, conduct, and admin- ‘‘which may be used for the costs of— trustees, a majority of whom are Indians; ister programs, or portions thereof, which are ‘‘(A) developing the State application; ‘‘(D) demonstrates adherence to stated goals, authorized by and consistent with the provi- ‘‘(B) reviewing local applications; a philosophy, or a plan of operation, that fos- sions of this section for the benefit of Native Ha- ‘‘(C) monitoring and evaluating program ef- ters individual Indian economic and self-suffi- waiian Programs.’’. fectiveness; and ciency opportunity, including programs that are SEC. 104. TRIBALLY CONTROLLED POSTSECOND- ‘‘(D) assuring compliance with all applicable appropriate to stated tribal goals of developing ARY VOCATIONAL INSTITUTIONS. Federal laws.’’; and individual entrepreneurships and self-sustain- Part A of title I of the Act is amended by add- (F) by striking paragraph (5); ing economic infrastructures on reservations; ing at the end the following: (2) in subsection (b) by striking ‘‘(a)(4)’’ and ‘‘(E) has been in operation for at least 3 years; inserting ‘‘(a)(3)’’; and ‘‘SEC. 104. TRIBALLY CONTROLLED POSTSECOND- ‘‘(F) holds accreditation with or is a can- ARY VOCATIONAL-TECHNICAL EDU- (3) by striking subsection (c) and inserting the didate for accreditation by a nationally recog- CATION PROGRAMS following: nized accrediting authority for postsecondary ‘‘(a) GRANTS AUTHORIZED.—The Secretary ‘‘(c) RURAL RESERVE.—A State may reserve vocational-technical education; and shall, subject to the availability of appropria- not more than 10 percent of the allotment made ‘‘(G) enrolls the full-time equivalent of not tions, make grants pursuant to this section to under section 102(a)(1) to use for grants to rural less than 100 students, of whom a majority are tribally controlled postsecondary vocational- areas. Indians. technical institutions to provide basic support ‘‘(d) INCENTIVE AWARDS.—A State may reserve ‘‘(c) PROGRAM AUTHORIZED.— for the education and training of Indian stu- not more than 5 percent of the allotment made ‘‘(1) IN GENERAL.—From amounts reserved dents. under section 102(a)(1) to make awards— under section 101(a)(1)(A)(i), the Secretary shall ‘‘(b) USE OF GRANTS.—Amounts made avail- ‘‘(1) to a local eligible recipient that meets or make grants to Indian tribes, tribal organiza- able pursuant to this section shall be used for exceeds the State benchmarks described in sec- tions and Alaska Native entities to carry out the vocational-technical education programs. tion 114; authorized programs described in subsection (d), ‘‘(c) ELIGIBLE GRANT RECIPIENTS.—To be eligi- ‘‘(2) to a local eligible recipient that meets or except that such terms shall not include second- ble for assistance under this section a tribally exceeds the average State graduation rate; or ary school programs in Bureau funded schools. controlled postsecondary vocational-technical ‘‘(3) to assist a local eligible recipient that has ‘‘(2) SPECIAL AUTHORITY RELATING TO SECOND- institution shall— significantly failed to meet the State bench- ARY SCHOOLS OPERATED OR SUPPORTED BY THE ‘‘(1) be governed by a board of directors or marks described in section 114, or has a gradua- BUREAU OF INDIAN AFFAIRS.—An Indian tribe, a trustees, a majority of whom are Indians; tion rate that is significantly below the average tribal organization, or an Alaska Native entity, ‘‘(2) have been in operation for at least 3 State graduation rate.’’ that receives funds through a grant made or years; SEC. 103. INDIAN AND NATIVE HAWAIIAN PRO- contract entered into under paragraph (1) may ‘‘(3) hold accreditation with or be a candidate GRAMS. use the funds to provide assistance to a second- for accreditation by a nationally recognized ac- Section 103 of the Act is amended to read as ary school operated or supported by the Bureau crediting authority for postsecondary voca- follows: of Indian Affairs to enable such school to carry tional-technical education; and ‘‘SEC. 103. NATIVE AMERICAN PROGRAM. out vocational-technical education programs. ‘‘(4) enroll the full-time equivalent of not less ‘‘(a) INDIAN POLICY.—All programs assisted ‘‘(d) AUTHORIZED PROGRAMS.—Funds made than 100 students, of whom a majority are Indi- under this section shall be administered in a available under this section shall be used to ans. H5422 CONGRESSIONAL RECORD — HOUSE July 17, 1997

‘‘(d) APPLICATIONS.—Any tribally controlled in accordance with the institution’s system for ‘‘(2) describe how the State will actively in- postsecondary vocational-technical institution providing credit for participation in such pro- volve parents, teachers, local businesses (includ- that desires to receive a grant under this section grams. ing small- and medium-sized businesses) and shall submit an application to the Secretary in ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— representatives of employees in the planning, such manner and form as the Secretary may re- There is authorized to be appropriated not more development, and implementation of such voca- quire. than $4,000,000 for fiscal year 1998 and such tional-technical education programs; ‘‘(e) OTHER PROGRAMS.— sums as may be necessary for each of the 4 suc- ‘‘(3) describe how funds received by the State ‘‘(1) IN GENERAL.—Except as specifically pro- ceeding fiscal years to carry out the provisions through the allotment made under section 102 vided in this Act, eligibility for assistance under of this section.’’. will be allocated among secondary school voca- this section shall not preclude any tribally con- PART B—STATE ORGANIZATIONAL AND tional-technical education, or postsecondary trolled postsecondary vocational-technical insti- PLANNING RESPONSIBILITIES and adult vocational-technical education, or tution from receiving Federal financial assist- both, including the rationale for such allotment; SEC. 111. STATE ADMINISTRATION. ance under any program authorized under the ‘‘(4) describe how the State will— Higher Education Act of 1965 or any other ap- Section 111 of this Act is amended— (1) in subsection (a)(1)(A), by striking ‘‘pursu- ‘‘(A) improve the academic and technical plicable program for the benefit of institutions ant to section 113(b)(8), section 116, and section skills of students participating in vocational- of higher education or vocational-technical edu- 117’’; technical education programs which includes cation. (2) by striking subsection (a)(1)(B); strengthening the academic component of voca- ‘‘(2) PROHIBITION ON ALLOCATION OF GRANT (3) in subsection (a)(1)(C), by striking ‘‘con- tional-technical education programs through AMOUNT.—The amount of any grant for which the integration of academics with vocational- tribally controlled postsecondary vocational- sultation with’’ and all that follows through the semicolon at the end of subsection (a)(1)(C) and technical education to ensure learning in the technical institutions are eligible under this sub- core academic subjects and provide students part shall not be altered because of funds allo- inserting ‘‘consultation with the Governor and appropriate agencies, groups, and individuals, with strong experience and understanding of all cated to any such institution from funds appro- aspects of the industry; and priated under the Act of November 2, 1921. including business, industry and representatives of employees involved in the planning, adminis- ‘‘(B) ensure that students who participate in ‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No such vocational-technical education programs tribally controlled postsecondary vocational- tration, evaluation, and coordination of pro- grams funded under this Act;’’; and are taught to the same challenging academic technical institution for which an Indian tribe proficiencies as are provided for all other stu- has designated a portion of the funds appro- (4) by striking subsections (b) through (g) and inserting the following: dents; priated for the tribe from funds appropriated ‘‘(5) describe how the State will annually under the Act of November 2, 1921, may be de- ‘‘(b) LIST OF PROGRAMS ASSISTED.—The State board shall make available to each Private In- evaluate the effectiveness of such vocational- nied a contract for such portion under the In- technical education programs and describe how dian Self-Determination and Education Assist- dustry Council established under section 102 of the Job Training Partnership Act within the the State is coordinating such programs to en- ance Act (except as provided in that Act), or de- sure nonduplication with other existing Federal nied appropriate contract support to administer State a listing of all programs assisted under this Act.’’. programs; such portion of the appropriated funds. ‘‘(6) identify the benchmarks that the State SEC. 112. STATE COUNCIL ON VOCATIONAL EDU- ‘‘(f) DEFINITIONS.—For the purposes of this will use to measure the progress of the State, in- section: CATION. Section 112 of the Act is repealed. cluding a description of how such benchmarks ‘‘(1) INDIAN.—The terms ‘Indian’ and ‘Indian will ensure continuous improvement for voca- tribe’ have the meanings given such terms in SEC. 113. STATE APPLICATION. tional-technical students in meeting such bench- section 2 of the Tribally Controlled Community Section 113 of the Act is amended— marks; College Assistance Act of 1978. (1) by redesignating such section as section ‘‘(7) describe how the State will— ‘‘(2) TRIBALLY CONTROLLED POSTSECONDARY 112; ‘‘(A) provide vocational-technical education VOCATIONAL-TECHNICAL INSTITUTION.—The term (2) by striking ‘‘plan’’ in the section heading programs that lead to high skill, high wage ca- ‘tribally controlled postsecondary vocational- and inserting ‘‘application’’; reers for members of special populations, dis- technical institution’ means an institution of (3) in subsection (a)— placed homemakers, single parents, and single higher education which is formally controlled, (A) in paragraph (1), by striking ‘‘(A)’’ and pregnant women; and or has been formally sanctioned or chartered by further by striking all that follows after ‘‘Sec- ‘‘(B) ensure that members of special popu- the governing body of an Indian tribe or tribes retary’’ and inserting ‘‘an application in such lations meet State benchmarks established under which offers technical degrees or certificate manner and accompanied by such information section 114 and are prepared for postsecondary granting programs. as the Secretary may require but which, at a education, further learning, and high skill, high ‘‘(3) INDIAN STUDENT COUNT.—The term ‘In- minimum, shall be for a 5-year period.’’; wage careers; dian student count’ means a number equal to (B) in paragraph (1), by striking subpara- ‘‘(8) provide a financial audit of funds re- the total number of Indian students enrolled in graph (B); ceived under this Act; and each tribally controlled vocational-technical in- (C) by amending paragraph (2) to read as fol- ‘‘(9) provide assurances that none of the stitution, determined as follows: lows: funds expended under this Act will be used to ‘‘(A) REGISTRATIONS.—The registrations of In- ‘‘(2) The State board shall conduct public acquire equipment (including computer soft- dian students as in effect on October 1 of each hearings in the State, after appropriate and suf- ware) in any instance in which such acquisition year. ficient notice, for the purpose of affording all results in a direct financial benefit to any orga- ‘‘(B) SUMMER TERM.—Credits or clock hours segments of the public and interested organiza- toward a certificate earned in classes offered tions and groups an opportunity to present their nization representing the interests of the pur- during a summer term shall be counted toward views and make recommendations regarding the chasing entity or its employees or any affiliate the computation of the Indian student count in State application. A summary of such rec- of such an organization. the succeeding fall term. ommendations and the State board’s response ‘‘(c) AMENDMENTS.—The State board may sub- mit amendments to the State application, as ‘‘(C) ADMISSION CRITERIA.—Credits or clock shall be included with the State application.’’; hours toward a certificate earned in classes dur- and necessary, during the 5-year period. Such ing a summer term shall be counted toward the (D) by striking paragraph (3); and amendments shall be submitted in accordance computation of the Indian student count if the (4) by striking subsections (b) and (c) and in- with section 113(c).’’. institution at which the student is in attend- serting the following: SEC. 114. SUBMISSION OF STATE APPLICATION. ance has established criteria for the admission ‘‘(b) CONTENTS.—Each State application Section 114 of the Act is amended— of such student on the basis of the student’s shall— (1) by redesignating such section as section ability to benefit from the education or training ‘‘(1) describe the vocational-technical edu- 113; offered. The institution shall be presumed to cation programs that will be carried out with (2) by striking ‘‘state plan approval’’ in the have established such criteria if the admission funds received by the State under this Act, in- section heading and inserting ‘‘submission of procedures for such studies include counseling cluding a description of— state application’’; or testing that measures the student’s aptitude ‘‘(A) the secondary and postsecondary voca- (3) by striking subsections (a) and (b); and to successfully complete the course in which the tional-technical education programs to be car- (4) by adding at the end the following: student has enrolled. No credit earned by such ried out at the State level pursuant to section ‘‘(a) APPLICATION.—Each State application student for purposes of obtaining a high school 201, including programs that will be carried out shall be submitted to the Secretary by not later degree or its equivalent shall be counted toward by the State to develop, improve, and expand than May 1 preceding the beginning of the first the computation of the Indian student count. access to quality, state-of-the-art technology in fiscal year for which a State application is to be ‘‘(D) DETERMINATION OF HOURS.—Indian stu- vocational-technical education programs; in effect. dents earning credits in any continuing edu- ‘‘(B) the criteria that will be used by the State ‘‘(b) CONSULTATION.—The State board shall cation program of a tribally controlled voca- in approving applications of eligible recipients develop the portion of each State application re- tional-technical institution shall be included in of funds under this Act; and lating to the amount and uses of any funds pro- determining the sum of all credit or clock hours. ‘‘(C) how such programs will prepare voca- posed to be reserved for adult vocational-tech- ‘‘(E) CONTINUING EDUCATION.—Credits or tional-technical education students for opportu- nical education, postsecondary vocational-tech- clock hours earned in a continuing education nities in postsecondary education or entry into nical education, tech-prep education, and sec- program shall be converted to the basis that is high skill, high wage jobs; ondary vocational-technical education after July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5423

consultation with the State agency responsible ‘‘(B) SPECIAL POPULATIONS.—The report sub- and individuals in nontraditional occupations for supervision of community colleges, technical mitted by the State in accordance with subpara- that lead to high skill, high wage careers; institutes, or other 2-year postsecondary institu- graph (A) shall include a description of how ‘‘(4) support for cooperative education; tions primarily engaged in providing post- special populations, displaced homemakers, sin- ‘‘(5) support for vocational student organiza- secondary vocational-technical education, and gle parents, and single pregnant women partici- tions; the State agency responsible for secondary edu- pating in vocational-technical education pro- ‘‘(6) support for public charter schools operat- cation. If a State agency finds that a portion of grams have met the vocational-technical edu- ing secondary vocational-technical education the final State application is objectionable, such cation benchmarks established by the State. programs; agency shall file such objections with the State ‘‘(2) INFORMATION DISSEMINATION.—The Sec- ‘‘(7) support for vocational-technical edu- board. The State board shall respond to any ob- retary shall make the information contained in cation programs that offer experience in, and jections of such agency in submitting such ap- such reports available to the general public understanding of, all aspects of the industry for plication to the Secretary. through publication and other appropriate which students are preparing to enter; ‘‘(8) support for family and consumer sciences ‘‘(c) APPLICATION SUBMISSION.—A State appli- methods which may include electronic commu- cation submitted to the Secretary under this sec- nication. programs; and ‘‘(9) support for corrections vocational-tech- tion shall be approved by the Secretary unless ‘‘(3) BENCHMARK PERFORMANCE.—Each local nical education.’’; and the Secretary makes a written determination, recipient shall make available to the general (4) by adding after subsection (c) the follow- within 90 days after receiving the application, public information regarding how the local re- ing new subsection: that the application is in violation of the provi- cipient is performing in regard to the State ‘‘(d) RESTRICTION ON USES OF FUNDS.—A sions of this Act.’’. benchmarks.’’. State that receives funds under section 102(a)(2) SEC. 115. ACCOUNTABILITY. SEC. 116. PROGRAM EVALUATION. may not use any of such funds to pay adminis- Part B of title I is amended by inserting after Sections 115, 116, 117, and 118 of the Act are trative costs.’’. section 113, as redesignated, the following: repealed. SEC. 202. SECONDARY, POSTSECONDARY, AND ‘‘SEC. 114. ACCOUNTABILITY. TITLE II—BASIC STATE GRANTS FOR ADULT VOCATION-TECHNICAL EDU- ‘‘(a) BENCHMARKS.—To be eligible to receive VOCATIONAL-TECHNICAL EDUCATION CATION PROGRAMS. an allotment under section 102, a State shall de- SEC. 201. STATE PROGRAMS. Part B of title II of the Act is amended to read velop and identify in the State application sub- (a) HEADING.—The heading for title II is as follows: mitted under section 113 proposed rigorous and amended to read as follows: ‘‘PART B—SECONDARY, POSTSECONDARY, quantifiable benchmarks to measure the state- ‘‘TITLE II—BASIC STATE GRANTS FOR AND ADULT VOCATIONAL-TECHNICAL wide progress of the State, which shall include, EDUCATION PROGRAMS at a minimum, measures, of— VOCATIONAL-TECHNICAL EDUCATION’’. ‘‘Subpart 1—Within-State Allocation ‘‘(1) attainment of challenging State academic (b) PROGRAMS.—Section 201 of the Act is proficiencies; amended— ‘‘SEC. 221. DISTRIBUTION OF FUNDS TO SECOND- ‘‘(2) attainment of secondary school diplomas (1) in subsection (a), by striking ‘‘102(a)(3)’’ ARY SCHOOL PROGRAMS. or general equivalency diplomas; and and inserting ‘‘102(a)(2)’’; ‘‘(a) GENERAL RULE.—Except as otherwise ‘‘(3) placement in, retention in, and comple- (2) by amending subsection (b) to read as fol- provided in this section and section 223, each tion of, postsecondary education or advanced lows: State shall distribute the funds received under training, or placement and retention in military ‘‘(b) REQUIRED USES OF FUNDS.—The pro- this Act and available in fiscal year 1998 for sec- service, or employment. grams described in subsection (a) shall include— ondary school vocational-technical education to ‘‘(b) PROGRAM IMPROVEMENT AND SANC- ‘‘(1) an assessment of the vocational-technical local educational agencies within the State as TIONS.— education programs carried out with funds follows: ‘‘(1) STATE PROGRAM IMPROVEMENT PLAN.—If under this Act that includes an assessment of ‘‘(1) From 70 percent of such funds, each local a State fails to meet its State benchmarks as de- how the needs of special populations are being educational agency shall be allocated an scribed in the report submitted under subsection met and how such programs will ensure that the amount that bears the same relationship to such (c), the State shall develop and implement a pro- benchmarks established under section 114 are 70 percent as the amount such local educational gram improvement plan in consultation with ap- being met; agency was allocated under section 1124 or such propriate agencies, individuals, and organiza- ‘‘(2) developing, improving, or expanding the section’s predecessor authority of the Elemen- tions for the first program year succeeding the use of technology in vocational-technical edu- tary and Secondary Education Act of 1965 in program year in which the State failed to meet cation which may include— the preceding fiscal year bears to the total its benchmarks in order to avoid a sanction as ‘‘(A) training of vocational-technical edu- amount received under such section by local provided under paragraph (3). cation personnel to use State-of-the art tech- educational agencies in the State in such year. ‘‘(2) LOCAL IMPROVEMENT PLAN.—If an eligible nology, which may include distance learning; ‘‘(2) From 20 percent of such funds, each local recipient fails to meet its State benchmarks, the ‘‘(B) providing vocational-technical education educational agency shall be allocated an eligible recipient shall develop a program im- students with the academic and technical skills amount that bears the same relationship to such provement plan with appropriate agencies, indi- that lead to entry into the high technology and 20 percent as the number of students with dis- viduals, and organizations for the succeeding telecommunications field; or abilities who have individualized education pro- program year. ‘‘(C) encouraging schools to work with high grams under section 614(d) of the Individuals ‘‘(3) SANCTIONS.— tech industries to offer voluntary internships with Disabilities Education Act who are served ‘‘(A) IN GENERAL.—If a State fails to meet the and mentoring programs; by such local educational agency in the preced- State benchmarks required under subsection (a), ‘‘(3) professional development programs, in- ing fiscal year bears to the total number of such and has not implemented an improvement plan cluding— students served by local educational agencies in as described in paragraph (1), has not dem- ‘‘(A) inservice and preservice training in the State in such year. onstrated improvement in meeting its bench- state-of-the-art vocational-technical education ‘‘(3) From 10 percent of such funds, each local marks, or has failed to meet its benchmarks for programs and techniques; and educational agency shall be allocated an 2 or more consecutive years, the Secretary may, ‘‘(B) support of education programs for teach- amount that bears the same relationship to such after notice and opportunity for a hearing, or ers of vocational-technical education in public 10 percent as the number of students enrolled in withhold from the State all, or a portion of, the schools and other public school personnel who schools and adults enrolled in training programs State’s allotment under this Act. The Secretary are involved in the direct delivery of edu- under the jurisdiction of such local educational may waive the sanction due to exceptional or cational services to vocational education stu- agency in the preceding fiscal year bears to the uncontrollable circumstances such as a natural dents to ensure that such teachers stay current number of students enrolled in schools and disaster or a precipitous and unforeseen decline with the needs, expectations, and methods of in- adults enrolled in training programs under the in the financial resources of the State. dustry; and jurisdiction of all local educational agencies in ‘‘(B) FUNDS RESULTING FROM REDUCED ALLOT- ‘‘(4) support for vocational-technical edu- the State in such year. MENTS.—The amount of funds retained by the cation programs that improve the academic and ‘‘(b) ALLOCATION FOR SUBSEQUENT FISCAL Secretary as a result of a reduction in an allot- technical skills of students participating in vo- YEARS.—In fiscal year 1999, and the succeeding ment made under subparagraph (A) shall be re- cational-technical education programs by 3 fiscal years, each State shall distribute the distributed to other States in accordance with strengthening the academic component of such funds available in any such fiscal year for sec- section 101. vocational-technical education programs ondary school vocational-technical education ‘‘(c) REPORT.— through the integration of academics with voca- programs to local educational agencies within ‘‘(1) IN GENERAL.— tional-technical education to ensure learning in the State as follows: ‘‘(A) INFORMATION.—Each State that receives the core academic subjects.’’; ‘‘(1) POPULATION.—50 percent shall be allo- an allotment under section 102 shall annually (3) by amending subsection (c) to read as fol- cated to such agencies in proportion to the num- prepare and submit to the Secretary a report on lows: ber of individuals aged 15 to 19, inclusive, who how the State is performing on State bench- ‘‘(c) PERMISSIBLE USES OF FUNDS.—The pro- reside in the school district served by such agen- marks that relate to vocational-technical edu- grams under subsection (a) may include— cy for the preceding fiscal year compared to the cation programs. In preparing the report, the ‘‘(1) technical support for eligible recipients; total number of such individuals who reside in State may include information on such addi- ‘‘(2) support for tech-prep programs; the school districts served by all local edu- tional vocational-technical education bench- ‘‘(3) support for programs for single parents, cational agencies in the State for such preceding marks as the State may establish. displaced homemakers, single pregnant women, year. H5424 CONGRESSIONAL RECORD — HOUSE July 17, 1997

‘‘(2) INCOME.—50 percent shall be allocated to service agency meets the requirements of para- ‘‘(B) FUNDS TO CONSORTIUM.—Funds allocated such agencies in proportion to the number of in- graph (1), then the amount that would other- to a consortium formed to meet the requirements dividuals aged 15 through 19, inclusive, who re- wise be distributed to the local educational of this section shall be used only for purposes side in the school district served by such agency agency shall be allocated to the area vocational- and programs that are mutually beneficial to all from families with incomes below the poverty technical education school, the educational members of the consortium and can be used only line (as defined by the Office of Management service agency, and the local educational agen- for programs authorized under this Act. Such and Budget and revised annually in accordance cy based on each school’s or entity’s relative funds may not be reallocated to individual mem- with section 673(2) of the Community Services share of students who are attending vocational- bers of the consortium for purposes or programs Block Grant Act (42 U.S.C. 9902(2))) applicable technical education programs (based, if prac- benefiting only one member of the consortium. to a family of the size involved for the fiscal ticable, on the average enrollment for the prior ‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBU- year for which the determination is made com- 3 years). TION.—The Secretary may waive the application pared to the number of such individuals in all ‘‘(3) APPEALS PROCEDURE.—The State board of subsection (a) in the case of any State that the local educational agencies in the State. shall establish an appeals procedure for resolu- submits to the Secretary of Education an appli- ‘‘(c) WAIVER FOR MORE EQUITABLE DISTRIBU- tion of any dispute arising between a local edu- cation for such a waiver that— TION.—The Secretary may waive the application cational agency and an area vocational-tech- ‘‘(1) demonstrates that the formula described of subsection (b) in the case of any State that nical education school or an educational service in subsection (a) does not result in a distribu- submits to the Secretary an application for such agency with respect to the allocation procedures tion of funds to the institutions or consortia a waiver that— described in this section, including the decision within the State that have the highest numbers ‘‘(1) demonstrates that the formula described of a local educational agency to leave a consor- of economically disadvantaged individuals and in subsection (b) does not result in a distribution tium or terminate a cooperative arrangement. that an alternative formula would result in such of funds to local educational agencies within ‘‘(g) CONSORTIUM REQUIREMENTS.— a distribution; and the State that have the greatest economic need ‘‘(1) ALLIANCE.—Any local educational agency ‘‘(2) includes a proposal for such an alter- and that an alternative formula would result in receiving an allocation that is not sufficient to native formula. such a distribution; and conduct a program which meets the require- ‘‘(c) MINIMUM GRANT AMOUNT.— ‘‘(2) includes a proposal for such an alter- ments of section 225 is encouraged to— ‘‘(1) IN GENERAL.—No funds provided to any native formula. ‘‘(A) form a consortium or enter into a cooper- institution or consortium under this section ‘‘(d) MINIMUM GRANT AMOUNT.— ative agreement with an area vocational-tech- shall be for an amount that is less than $20,000. ‘‘(1) IN GENERAL.—Except as provided in para- nical education school or educational service ‘‘(2) REDISTRIBUTION.—Any amounts that are graph (2), no local educational agency shall be agency offering programs that meet the require- not distributed by reason of paragraph (1) shall eligible for a grant under this part unless the ments of section 225; be redistributed to eligible institutions or consor- amount allocated to such agency under sub- ‘‘(B) transfer such allocation to the area voca- tia of eligible institutions in accordance with sections (a) and (b) is not less than $7,500. A tional-technical education school or educational the provisions of this section. local educational agency may enter into a con- service agency; and ‘‘(d) DEFINITIONS.—For the purposes of this sortium with other local educational agencies ‘‘(C) be of sufficient size, scope, and quality section— for purposes of meeting the minimum allocation as to be effective. ‘‘(1) the term ‘eligible institution’ means an ‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated requirement of this paragraph. institution of higher education as such term is to a consortium formed to meet the requirements ‘‘(2) WAIVER.—The State shall waive the ap- defined in section 1201(a) of the Higher Edu- plication of paragraph (1) in any case in which of this paragraph shall be used only for pur- cation Act of 1965, a local educational agency the local educational agency— poses and programs that are mutually beneficial serving adults, or an area vocational education ‘‘(A)(i) is located in a rural, sparsely popu- to all members of the consortium and can be school serving adults that offers or will offer a lated area, or used only for programs authorized under this program that meets the requirements of section ‘‘(ii) is a public charter school operating sec- Act. Such funds may not be reallocated to indi- 225 and seeks to receive assistance under this ondary vocational-technical education pro- vidual members of the consortium for purposes part; and grams; and or programs benefiting only one member of the ‘‘(2) the term ‘Pell Grant’ means a recipient of ‘‘(B) demonstrates that the agency is unable consortium. financial aid under subpart 1 of part A of title to enter into a consortium for purposes of pro- ‘‘(h) DATA.—The Secretary shall collect infor- IV of the Higher Education Act of 1965. mation from States regarding the specific dollar viding services under this part. ‘‘SEC. 223. SPECIAL RULES FOR VOCATIONAL- allocations made available by the State for voca- ‘‘(3) REDISTRIBUTION.—Any amounts that are TECHNICAL EDUCATION. tional-technical education programs under sub- not allocated by reason of paragraph (1) or ‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCA- sections (a), (b), (c), and (d) and how these allo- paragraph (2) shall be redistributed to local edu- TION.— cations are distributed to local educational cational agencies that meet the requirements of ‘‘(1) GENERAL AUTHORITY.—Notwithstanding paragraph (1) or (2) in accordance with the pro- agencies, area vocational-technical education the provisions of sections 221 and 222 and in visions of this section. schools, educational services agencies, and eligi- order to make a more equitable distribution of ‘‘(e) LIMITED JURISDICTION AGENCIES.— ble institutions within the State in accordance funds for programs serving the areas of greatest ‘‘(1) IN GENERAL.—In applying the provisions with this section. economic need, for any program year for which of subsections (a), (b), (c), and (d), no State re- ‘‘SEC. 222. DISTRIBUTION OF FUNDS FOR POST- a minimal amount is made available by a State ceiving assistance under this Act shall allocate SECONDARY AND ADULT VOCA- for distribution under section 221 or 222, such TIONAL-TECHNICAL EDUCATION funds to a local educational agency that serves PROGRAMS. State may distribute such minimal amount for only elementary schools, but shall distribute ‘‘(a) ALLOCATION.— such year— such funds to the local educational agency or ‘‘(1) IN GENERAL.—Except as provided in sub- ‘‘(A) on a competitive basis; or regional educational agency that provides sec- sections (b) and (c) and section 223, each State ‘‘(B) through any alternative method deter- ondary school services to secondary school stu- shall distribute funds available in any fiscal mined by the State. dents in the same attendance area. year for postsecondary and adult vocational- ‘‘(2) MINIMAL AMOUNT.—For purposes of this ‘‘(2) SECONDARY SCHOOL JURISDICTION.—The technical education programs to eligible institu- section, the term ‘minimal amount’ means not amount to be allocated under paragraph (1) to tions or consortia of eligible institutions within more than 15 percent of the total amount made a local educational agency that has jurisdiction the State. available for distribution under this part. only over secondary schools shall be determined ‘‘(2) FORMULA.—Each eligible institution or ‘‘(b) REDISTRIBUTION.— based on the number of students that were en- consortium of eligible institutions shall receive ‘‘(1) IN GENERAL.—In any academic year that rolled in such secondary schools in the previous an amount that bears the same relationship to a local educational agency or eligible institution year from the elementary schools involved. the amount of funds available under such sec- does not expend all of the amounts it is allo- ‘‘(f) ALLOCATIONS TO AREA VOCATIONAL- tion as the number of individuals who are Pell cated for such year under section 221 or 222, TECHNICAL EDUCATION SCHOOLS AND EDU- Grant recipients or recipients of assistance from such recipient shall return any unexpended CATIONAL SERVICE AGENCIES.— the Bureau of Indian Affairs and are enrolled in amounts to the State to be reallocated under ‘‘(1) IN GENERAL.—Each State shall distribute programs meeting the requirements of section section 221 or 222, as appropriate. funds available for secondary school vocational- 225 offered by such institution or consortium in ‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED technical education programs to the appropriate the preceding fiscal year bears to the number of LATE IN AN ACADEMIC YEAR.—In any academic area vocational-technical education school or such recipients enrolled in such programs within year in which amounts are returned to the State educational service agency in any case in which the State for such year. under section 221 or 222 and the State is unable the area vocational-technical education school ‘‘(3) CONSORTIUM REQUIREMENTS.— to reallocate such amounts according to such or educational service agency and the local edu- ‘‘(A) IN GENERAL.—In order for a consortium sections in time for such amounts to be ex- cational agency concerned— of eligible institutions described in paragraph pended in such academic year, the State shall ‘‘(A) have formed or will form a consortium (2) to receive assistance pursuant to such para- retain such amounts for distribution in com- for the purpose of receiving funds under this graph, such consortium shall operate joint bination with amounts provided under this title section; or projects that— for the following academic year. ‘‘(B) have entered into or will enter into a co- ‘‘(i) provide services to all postsecondary insti- ‘‘(c) CONSTRUCTION.—Nothing in section 221 operative arrangement for such purpose. tutions participating in the consortium; and or 222 shall be construed— ‘‘(2) ALLOCATION BASIS.—If an area voca- ‘‘(ii) are of sufficient size, scope, and quality ‘‘(1) to prohibit a local educational agency (or tional-technical education school or educational as to be effective. a consortium thereof) that receives assistance July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5425 under section 221, from working with an eligible the academic component of such programs TITLE III—RESEARCH AND DEVELOPMENT recipient (or consortium thereof) that receives through the integration of academics with voca- SEC. 301. EVALUATION; RESEARCH, DEMONSTRA- assistance under section 222, to carry out sec- tional-technical education programs through a TIONS AND DISSEMINATION. ondary school vocational-technical education coherent sequence of courses to ensure learning (a) HEADING.—The heading for title III is programs in accordance with this title; in the core academic subjects; amended to read as follows: ‘‘(2) develop, improve, or expand the use of ‘‘(2) to prohibit an eligible recipient (or con- ‘‘TITLE III—RESEARCH AND technology in vocational-technical education sortium thereof) that receives assistance under DEVELOPMENT’’. section 222, from working with a local edu- which may include— cational agency (or consortium thereof) that re- ‘‘(A) training of vocational-technical edu- (b) PART A.—Part A of title III is amended to ceives assistance under section 221, to carry out cation personnel to use State-of-the art tech- read as follows: postsecondary and adult vocational-technical nology, which may include distance learning; ‘‘PART A—RESEARCH AND DEVELOPMENT education programs in accordance with this ‘‘(B) providing vocational-technical education ‘‘SEC. 301. EVALUATION; RESEARCH; DEMONSTRA- title; or students with the academic and technical skills TIONS; AND DISSEMINATION. ‘‘(3) to require a charter school that is a local that lead to entry into the high technology and ‘‘(a) SINGLE PLAN.— educational agency to jointly establish its eligi- telecommunications field; or ‘‘(1) IN GENERAL.—The Secretary shall develop bility unless the charter school is explicitly per- ‘‘(C) encouraging schools to work with high a single plan for evaluation and assessment, re- mitted to do so under the State’s charter school tech industries to offer voluntary internships search, demonstrations, and dissemination with statute. and mentoring programs; regard to the vocational-technical education ‘‘(3) provide professional development pro- ‘‘(d) CONSISTENT APPLICATION.—For purposes programs assisted under this Act. grams, including— of this section, the State board shall provide ‘‘(2) PLAN.—Such plan shall— ‘‘(A) inservice training in state-of-the-art vo- funds to charter schools that offer vocational- ‘‘(A) identify the vocational-technical edu- cational-technical education programs and tech- technical education programs that are public cation programs the Secretary will carry out niques; and under this section; schools of the local educational agency in the ‘‘(B) support of education programs for teach- same manner as it provides those funds to other ‘‘(B) describe how the Secretary will evaluate ers of vocational-technical education in public such vocational-technical education programs schools of the local educational agency. Such schools and other public school personnel who program within a charter school shall be of suf- in accordance with subsection (b); and are involved in the direct delivery of edu- ‘‘(C) include such other information as the ficient size, scope, and quality as to be effective. cational services to vocational education stu- ‘‘SEC. 224. LOCAL APPLICATION FOR VOCA- Secretary determines to be appropriate. dents, to ensure that such teachers stay current ‘‘(b) EVALUATION AND ASSESSMENT.— TIONAL-TECHNICAL EDUCATION with the needs, expectations, and methods of in- PROGRAMS. ‘‘(1) IN GENERAL.—From amounts made avail- dustry; able under subsection (g), the Secretary shall ‘‘(a) APPLICATION REQUIRED.—Any eligible re- ‘‘(4) support vocational-technical education cipient desiring financial assistance under this provide for the conduct of an independent eval- programs that improve the academic and tech- uation and assessment of vocational-technical part shall, in accordance with requirements es- nical skills of students participating in voca- tablished by the State board, submit an applica- education programs under this Act through tional-technical education programs by studies and analyses conducted independently tion to the State board. Such application shall strengthening the academic component of such cover the same period of time as the period of through grants and contracts awarded on a vocational-technical education programs competitive basis. time applicable to the State application submit- through the integration of academics with voca- ted under section 112. ‘‘(2) CONTENTS.—Such evaluation and assess- tional-technical education to ensure learning in ment of vocational-technical education pro- ‘‘(b) CONTENTS.—The State board shall deter- the core academic subjects; and mine requirements for local applications, except grams shall include descriptions of— ‘‘(5) provide an assessment of the vocational- ‘‘(A) the extent to which State, local, and trib- that each application shall— technical education programs carried out with ‘‘(1) describe how the vocational-technical al entities have developed, implemented, or im- funds under this Act, including an assessment proved State and local vocational-technical edu- education programs required under section of how the needs of special populations are 225(b) will be carried out with funds received cation programs; being met, and how such programs will ensure ‘‘(B) the degree to which the expenditures at under this part; that the benchmarks established under section ‘‘(2) describe how students participating in vo- the Federal, State, local, and tribal levels ad- 114 are being met. dress improvement in vocational-technical edu- cational-technical education programs carried ‘‘(c) PERMISSIBLE ACTIVITIES.—The voca- out with funds under this Act will reach the cation programs; tional-technical education programs described ‘‘(C) the extent to which vocational-technical State benchmarks as established under section in subsection (b) may be used for— education programs succeed in preparing indi- 114; ‘‘(1) establishing agreements between second- viduals participating in such programs for entry ‘‘(3) describe how the eligible recipient will— ary and postsecondary vocational-technical into postsecondary education, further learning, ‘‘(A) improve the academic and technical education programs in order to provide post- or high skill, high wage careers; and skills of students participating in vocational- secondary education and training opportunities ‘‘(D) the effect of State benchmarks, perform- technical education programs by strengthening for students participating in such vocational- ance measures, and other measures of account- the academic component of such programs technical programs, such as tech-prep programs; ability on the delivery of vocational-technical through the integration of academics with voca- ‘‘(2) involving parents, business, and rep- education programs. tional-technical education programs through a resentatives of employees in the design and im- ‘‘(c) INFORMATION COLLECTION AND REPORT.— coherent sequence of courses to ensure learning plementation of vocational-technical education ‘‘(1) IN GENERAL.—The Secretary may collect programs authorized under this Act; in the core academic subjects; and and disseminate information from States regard- ‘‘(B) ensure that students who participate in ‘‘(3) providing career guidance and counsel- ing; ing State efforts to meet State benchmarks de- such vocational-technical education programs scribed in section 114. are taught to the same challenging academic ‘‘(4) providing work related experience, such as internships, cooperative education, school- ‘‘(2) REPORT.—The Secretary shall gather any proficiencies as are provided for all other stu- information collected pursuant to paragraph (1) dents; based enterprises, entrepreneurship, and job shadowing that are related to vocational-tech- and submit a report to the Committee on Edu- ‘‘(4) describe how parents, students, teachers, cation and the Workforce of the House of Rep- business and representatives of employees are nical education programs; ‘‘(5) programs for single parents, displaced resentatives and the Committee on Labor and involved in the development and implementation Human Resources of the Senate. of vocational-technical education programs as- homemakers, and single pregnant women; ‘‘(6) local education and business partner- ‘‘(d) RESEARCH.— sisted under this Act; and ‘‘(1) IN GENERAL.—The Secretary shall award ‘‘(5) provide assurances that the eligible recip- ships; ‘‘(7) vocational student organizations; grants, on a competitive basis, to an institution ient will provide a vocational-technical edu- ‘‘(8) mentoring and support services; of higher education, a public or private organi- cation program that is of such size, scope, and ‘‘(9) leasing, purchasing, or upgrading of zation or agency, or a consortium of such insti- quality as to bring about improvement in the equipment; and tutions, organizations, or agencies to establish a quality of vocational-technical education pro- ‘‘(10) establishing effective programs and pro- national research center or centers— grams. cedures to enable vocational-technical edu- ‘‘(A) to carry out research for the purpose of ‘‘SEC. 225. LOCAL USES OF FUNDS. cation program participants and their parents to developing, improving, and identifying the most ‘‘(a) GENERAL AUTHORITY.—Each eligible re- participate directly in decisions that influence successful methods for successfully addressing cipient that receives a grant under this part the programs, including providing information the education, employment, and training needs shall use such funds to improve vocational-tech- and assistance for informed effective participa- of participants in vocational-technical edu- nical education programs. tion. cation programs; ‘‘(b) REQUIREMENTS FOR USES OF FUNDS.— ‘‘(d) ADMINISTRATIVE COSTS.—Each eligible ‘‘(B) to carry out research to increase the ef- Funds made available under this part shall be recipient receiving funds under this part shall fectiveness and improve the implementation of used to provide vocational-technical education not use more than 2 percent of the funds for ad- vocational-technical education programs, in- programs that— ministrative costs associated with the adminis- cluding conducting research and development ‘‘(1) strengthen the academic and technical tration of the grant.’’. and studies providing longitudinal information skills of students participating in vocational- SEC. 203. REPEAL OF PART C. or formative evaluation with respect to voca- technical education programs by strengthening Part C of title II is repealed. tional-technical education programs; H5426 CONGRESSIONAL RECORD — HOUSE July 17, 1997 ‘‘(C) to carry out such other programs as the ‘‘(4) include in-service training for teachers (3) by amending subsection (e) of section 312, Secretary determines to be appropriate to that— as redesignated under paragraph (2), to read as achieve the purposes of this Act. ‘‘(A) is designed to train vocational-technical follows: ‘‘(2) SUMMARY.—The Secretary shall provide teachers to effectively implement tech-prep edu- ‘‘(e) There are authorized to be appropriated an annual report summarizing the evaluations cation programs; for each of fiscal years 1998 through 2002 such and assessments described in subsection (b), and ‘‘(B) provides for joint training for teachers in sums as may be necessary to carry out this the research conducted pursuant to this sub- the tech-prep consortium; and part.’’; section, and the findings of such evaluations ‘‘(C) may provide such training in weekend, (4) in section 313(a)(1), as redesignated in and assessments, and research, to the Committee evening, and summer sessions, institutes, or paragraph (2), by striking ‘‘421’’ and inserting on Education and the Workforce of the House of workshops; ‘‘311’’; and Representatives and the Committee on Labor ‘‘(5) include training programs for counselors (5) by adding at the end of such part the fol- and Human Resources of the Senate. designed to enable counselors to more effec- lowing new section: tively— ‘‘(e) DEMONSTRATIONS AND DISSEMINATION.— ‘‘SEC. 315. AUTHORIZATION OF APPROPRIATIONS ‘‘(1) DEMONSTRATION PROGRAM.—The Sec- ‘‘(A) provide information to students regard- ‘‘There are authorized to be appropriated for retary is authorized to carry out demonstration ing tech-prep education programs; this part such sums as may be necessary for fis- vocational-technical education programs, to ‘‘(B) support student progress in completing cal year 1998 and such sums as may be nec- replicate model vocational-technical education such programs; and essary for each of the 4 succeeding fiscal programs, to disseminate best practices informa- ‘‘(C) provide information on related employ- years.’’. tion, and to provide technical assistance upon ment opportunities; request of a State, for the purposes of develop- ‘‘(6) provide equal access to the full range of SEC. 304. REPEALS. ing, improving, and identifying the most suc- technical preparation programs to individuals (a) TITLE III.—Part C of title III of the Act, cessful methods and techniques for providing who are members of special populations, includ- as the Act was in effect on the day before the vocational-technical education programs as- ing the development of tech-prep education pro- date of the enactment of this Act, is repealed. sisted under this Act. gram services appropriate to the needs of such (b) TITLE IV.—The heading for title IV and ‘‘(2) DEMONSTRATION PARTNERSHIP.— individuals; and parts A, B, E, and F of such title of the Act are ‘‘(A) IN GENERAL.—The Secretary shall carry ‘‘(7) provide for preparatory services that as- repealed. sist participants in such programs. out a demonstration partnership project involv- TITLE IV—GENERAL PROVISIONS ing a 4-year, accredited postsecondary institu- ‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.— tion, in cooperation with local public education Each such program may— SEC. 401. GENERAL PROVISIONS. organizations, volunteer groups, and private ‘‘(1) provide for the acquisition of tech-prep Title V of the Act is amended to read as fol- sector business participants to provide program education program equipment; and lows: support, and facilities for education, training, ‘‘(2) acquire technical assistance from State or ‘‘TITLE IV—GENERAL PROVISIONS tutoring, counseling, employment preparation, local entities that have successfully designed, established and operated tech-prep programs. ‘‘PART A—FEDERAL ADMINISTRATIVE specific skills training in emerging and estab- PROVISIONS lished professions, retraining of military medical ‘‘SEC. 322. APPLICATIONS. ‘‘SEC. 401. PAYMENTS. personnel, retraining of individuals displaced by ‘‘(a) IN GENERAL.—Each consortium that de- ‘‘The Secretary shall pay from its allotment corporate or military restructuring, migrant sires to receive a grant under this part shall under section 101 to each State for any fiscal workers, and other individuals who otherwise submit an application to the State board, as ap- year for which the State has a State application would not have access to such services, through propriate, at such time and in such manner as submitted in accordance with section 113 (in- multi-site, multi-State distance learning tech- the State board shall prescribe. cluding any amendment to such application) the nologies. ‘‘(b) PLAN.—Each application submitted under Federal share of the costs of carrying out the ‘‘(B) PROGRAM.—Such program may be car- this section shall contain a 5-year plan for the ried out directly or through grants, contracts, development and implementation of programs State application. cooperative agreements, or through the national under this part. ‘‘SEC. 402. FISCAL REQUIREMENTS. center or centers. ‘‘(c) APPROVAL.—The State board shall ap- ‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds re- ‘‘(f) DEFINITION.—As used in this section, the prove applications based on their potential to ceived under this Act shall be used to supple- term ‘institution of higher education’ has the create an effective tech-prep education program ment, not supplant, the amount of funds that meaning given the term in section 1201(a) of the as provided for in this section. would, in the absence of such Federal funds, be Higher Education Act of 1965 (20 U.S.C. ‘‘(d) SPECIAL CONSIDERATION.—The State made available from non-Federal sources for vo- 1141(a)). board, as appropriate, shall give special consid- cational-technical education programs. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— eration to applications which— ‘‘(b) MAINTENANCE OF EFFORT.— There are authorized to be appropriated such ‘‘(1) provide for effective employment place- ‘‘(1) DETERMINATION.— sums as may be necessary for fiscal year 1998 ment activities or transfer of students to 4-year ‘‘(A) IN GENERAL.—Except as provided in sub- and such sums as may be necessary for each of baccalaureate degree programs; paragraphs (B) and (C), no payments shall be the 4 succeeding fiscal years to carry out this ‘‘(2) are developed in consultation with busi- made under this title for any program year to a part.’’. ness, industry, institutions of higher education, State for vocational-technical education pro- and representatives of employees; grams unless the Secretary of Education deter- SEC. 302. TECH-PREP EDUCATION. ‘‘(3) address effectively the issues of dropout mines that the fiscal effort per student or the Part B of title III is amended to read as fol- prevention and reentry and the needs of special aggregate expenditures of such State for voca- lows: populations. ‘‘PART C—TECH-PREP EDUCATION tional-technical programs for the fiscal year ‘‘SEC. 323. REPORT. preceding the fiscal year for which the deter- ‘‘SEC. 321. TECH-PREP EDUCATION. ‘‘Each State that receives a grant under this mination is made, equaled or exceeded such ef- ‘‘(a) PROGRAM AUTHORIZED.—The State part shall annually prepare and submit to the fort or expenditures for vocational-technical board, in accordance with the provisions of this Secretary a report on the effectiveness of their part, shall award grants to consortia on a com- education programs, for the second program Tech-Prep programs, including how competitive year preceding the fiscal year for which the de- petitive basis or on the basis of a formula deter- grants were awarded within the State. mined by the State board, for tech-prep edu- termination is made. ‘‘SEC. 324. ALLOTMENT. ‘‘(B) COMPUTATION.—In computing the fiscal cation programs. ‘‘The Secretary shall allot funds under this ‘‘(b) GENERAL AUTHORITY.—Each grant recipi- effort or aggregate expenditures pursuant to part in each fiscal year in the same manner as subparagraph (A), the Secretary of Education ent shall use amounts provided under the grant funds are allotted under section 101(a)(2). to develop and operate a 4-year tech-prep edu- shall exclude capital expenditures, special one- ‘‘SEC. 325. AUTHORIZATION. cation program. time project costs, similar windfalls, and the ‘‘(a) IN GENERAL.—From amounts made avail- ‘‘(c) CONTENTS OF PROGRAM.—Any such pro- cost of pilot programs. gram shall— able under section 3(a), 10 percent shall be used ‘‘(C) DECREASE IN FEDERAL SUPPORT.—If the ‘‘(1) be carried out under an articulation to carry out this part for fiscal year 1998 and for amount made available for vocational-technical agreement between the participants in the con- each of the 4 succeeding fiscal years. education programs under this Act for a fiscal sortium; ‘‘(b) MINIMUM AMOUNT.—No State shall re- year is less than the amount made available for ‘‘(2) consist of the 2 or 4 years of secondary ceive a grant of less than $200,000 under this vocational-technical education programs under school preceding graduation and 2 years of part in any fiscal year.’’. this Act for the preceding fiscal year, then the higher education, or an apprenticeship program SEC. 303. VOCATIONAL-TECHNICAL EDUCATION fiscal effort per student or the aggregate ex- of at least 2 years following secondary instruc- AND OCCUPATIONAL INFORMATION penditures of a State required by subparagraph tion, with a common core of required proficiency DATA SYSTEMS. (B) for such preceding fiscal year shall be de- in mathematics, science, communications, and Part C of title IV is amended— creased by the same percentage as the percent- (1) by striking the part heading and inserting technologies designed to lead to an associate de- age decrease in the amount so made available. the following: gree or postsecondary certificate in a specific ca- ‘‘(2) WAIVER.—The Secretary may waive the reer field; ‘‘PART B—VOCATIONAL-TECHNICAL requirements of paragraph (1) (with respect to ‘‘(3) include the development of tech-prep edu- EDUCATION INFORMATION’’; not more than 5 percent of expenditures re- cation program components appropriate to the (2) by redesignating sections 421 through 424 quired for the preceding fiscal year by any needs of the consortium participants; as sections 311 through 314, respectively. State) for 1 program year only, after making a July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5427 determination that such waiver would be equi- means any program under any of the following ‘‘(A) a specialized secondary school used ex- table due to exceptional or uncontrollable cir- provisions of law: clusively or principally for the provision of vo- cumstances affecting the ability of the State to ‘‘(1) Section 123, title II, and title III of the cational-technical education to individuals who meet such requirements, such as a natural disas- Job Training Partnership Act. are available for study in preparation for enter- ter or an unforeseen and precipitous decline in ‘‘(2) The Wagner-Peyser Act. ing the labor market; financial resources. No level of funding per- ‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For ‘‘(B) the department of a secondary school ex- mitted under such a waiver may be used as the the purposes of this section, the term ‘additional clusively or principally used for providing voca- basis for computing the fiscal effort or aggregate funds’ does not include the use of funds as tional-technical education in not fewer than expenditures required under this paragraph for matching funds. five different occupational fields to individuals years subsequent to the year covered by such ‘‘SEC. 412. PROHIBITION ON USE OF FUNDS TO IN- who are available for study in preparation for waiver. The fiscal effort or aggregate expendi- DUCE OUT-OF-STATE RELOCATION entering the labor market; tures for the subsequent years shall be computed OF BUSINESSES. ‘‘No funds provided under this Act shall be ‘‘(C) a technical institute or vocational-tech- on the basis of the level of funding that would, used for the purpose of directly providing incen- nical education school used exclusively or prin- but for such waiver, have been required. tives or inducements to an employer to relocate cipally for the provision of vocational-technical ‘‘SEC. 403. AUTHORITY TO MAKE PAYMENTS. a business enterprise from one State to another education to individuals who have completed or ‘‘Any authority to make payments or to enter State if such relocation would result in a reduc- left secondary school and who are available for into contracts under this Act shall be available tion in the number of jobs available in the State study in preparation for entering the labor mar- only to such extent or in such amounts as are where the business enterprise is located before ket, if the institute or school admits as regular provided in advance appropriation Acts. such incentives or inducements are offered. students both individuals who have completed ‘‘SEC. 404. NATIONAL AND STATE FUNDING. ‘‘SEC. 413. STATE ADMINISTRATIVE COSTS. secondary school and individuals who have left ‘‘Nothing in this Act shall be construed to per- ‘‘For each fiscal year for which a State re- secondary school; or mit, allow, encourage, or authorize any Federal ceives assistance under this Act, the State shall ‘‘(D) the department or division of a junior control over any aspect of any private, religious, provide from non-Federal sources for costs the college, or community college, that operates or home school, whether or not a home school is State incurs for administration of programs under the policies of the State board and that treated as a private school or home school under under this Act an amount that is not less than provides vocational-technical education in not State law. This section shall not be construed to the amount provided by the State from non-Fed- fewer than five different occupational fields bar private, religious, or home schools from par- eral sources for such costs for the preceding fis- leading to immediate employment but not nec- ticipation in programs or services under the Act. cal year. essarily leading to a baccalaureate degree, if the ‘‘SEC. 405. FREEDOM TO CHOOSE. ‘‘SEC. 414. LIMITATION ON FEDERAL REGULA- department or division admits as regular stu- ‘‘None of the funds made available under this TIONS. dents both individuals who have completed sec- Act shall be used to— ‘‘The Secretary may issue regulations under ondary school and individuals who have left ‘‘(1) require any individual to choose or pur- this Act only to the extent necessary to admin- secondary school. sue a specific career path or major; ister and ensure compliance with the specific re- ‘‘(4) COOPERATIVE EDUCATION.—The term ‘co- ‘‘(2) compel any individual to enter into a spe- quirements of this Act. operative education’ means a method of instruc- cific course of study which requires as a condi- ‘‘SEC. 415. STUDENT ASSISTANCE AND OTHER tion of education for individuals who, through tion or completion, attainment of federally- FEDERAL PROGRAMS. written cooperative arrangements between a funded or endorsed industry recognized skills or ‘‘(a) ATTENDANCE COSTS NOT TREATED AS IN- school and employers, receive instruction, in- standards; or COME OR RESOURCES.—The portion of any stu- cluding required academic courses and related ‘‘(3) require any individuals to meet or obtain dent financial assistance received under this Act instruction, by alternation of study in school federally-funded or endorsed industry recog- that is made available for attendance costs de- with a job in any occupational field, which al- nized skills, certificates, or standards. scribed in subsection (b) shall not be considered ternation shall be planned and supervised by ‘‘SEC. 406. LIMITATION FOR CERTAIN STUDENTS. as income or resources in determining eligibility the school and employer so that each contrib- ‘‘None of the funds received under this Act for assistance under any other program funded utes to the education and employability of the may be used to provide vocational-technical in whole or in part with Federal funds. individual, and may include an arrangement in education programs to students prior to the sev- ‘‘(b) ATTENDANCE COSTS.—The attendance which work periods and school attendance may enth grade, except that equipment and facilities costs described in this subsection are— be on alternate half days, full days, weeks, or purchased with funds under this Act may be ‘‘(1) tuition and fees normally assessed a stu- other periods of time in fulfilling the cooperative used by such students. dent carrying the same academic workload as program. ‘‘SEC. 407. FEDERAL LAWS GUARANTEEING CIVIL determined by the institution, and including ‘‘(5) DISPLACED HOMEMAKER.—The term ‘dis- RIGHTS. costs for rental or purchase of any equipment, placed homemaker’ means an individual who— ‘‘Nothing in this Act shall be construed to be materials, or supplies required of all students in ‘‘(A) has worked primarily without remunera- inconsistent with applicable Federal laws guar- the same course of study; and tion to care for a home and family, and for that anteeing civil rights. ‘‘(2) an allowance for books, supplies, trans- reason has diminished marketable skills; or ‘‘SEC. 408. AUTHORIZATION OF SECRETARY. portation, dependent care, and miscellaneous ‘‘(B) is a parent whose youngest dependent ‘‘For the purposes of increasing and expand- personal expenses for a student attending the child will become ineligible to receive assistance ing the use of technology in vocational-tech- institution on at least a half-time basis, as de- under title I of the Personal Responsibility and nical education instruction, including the train- termined by the institution. Work Opportunity Reconciliation Act of 1996 ing of vocational-technical education personnel ‘‘(c) COSTS OF VOCATIONAL-TECHNICAL EDU- not later than 2 years after the date of which as provided in title II, the Secretary is author- CATION SERVICES.—Funds made available under the parent applies for assistance under this title. ized to receive funds collected by the Federal title II may be used to pay for the costs of voca- Government from fees for the use of property, tional-technical education services required in ‘‘(6) EDUCATIONAL SERVICE AGENCY.—The term rights-of-way, and easements under the control an individualized education plan developed pur- ‘educational service agency’ means a regional of Federal departments and agencies for the suant to section 614(d) of the Individuals with public multiservice agency authorized by State placement of telecommunications services that Disabilities Education Act and services nec- statute to develop and manage a service or pro- are dependent, in whole or in part, upon the essary to meet the requirements of section 504 of gram and provide the service or program to a utilization of general spectrum rights for the the Rehabilitation Act of 1973 with respect to local educational agency. transmission or reception of such services. ensuring equal access to vocational-technical ‘‘(7) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’ means a local educational agency, an ‘‘PART B—STATE ADMINISTRATIVE education. area vocational-technical education school, an PROVISIONS ‘‘PART C—DEFINITIONS educational service agency, an institution of ‘‘SEC. 411. JOINT FUNDING. ‘‘SEC. 421. DEFINITIONS. higher education (as such term is defined in sec- ‘‘Except as otherwise specified in this Act, as ‘‘(a) GENERAL AUTHORITY.—Funds made tion 1201(a) of the Higher Education Act of 1965 used in this Act: available to States under this Act may be used (20 U.S.C. 1141(a))), and a consortium of such ‘‘(1) ADMINISTRATION.—The term ‘administra- to provide additional funds under an applicable entities. program if— tion’ means programs of a State necessary for ‘‘(8) LOCAL EDUCATIONAL AGENCY.—The term ‘‘(1) such program otherwise meets the re- the proper and efficient performance of its du- ‘local educational agency’ has the meaning quirements of this Act and the requirements of ties under this Act, including supervision, but given such term in section 14101 of the Elemen- the applicable program; does not include curriculum development pro- ‘‘(2) such program serves the same individuals grams, personnel development, or research pro- tary and Secondary Education Act of 1965 (20 that are served under this Act; grams. U.S.C. 8801). ‘‘(3) such program provides services in a co- ‘‘(2) ALL ASPECTS OF THE INDUSTRY.—The term ‘‘(9) OUTLYING AREA.—The term ‘outlying ordinated manner with services provided under ‘all aspects of the industry’ means strong experi- area’ means the United States Virgin Islands, this Act; and ence in, and comprehensive understanding of, Guam, American Samoa, the Commonwealth of ‘‘(4) such funds would be used to supplement, the industry that individuals are preparing to the Northern Mariana Islands, the Republic of and not supplant, funds provided from non-Fed- enter. the Marshall Islands, the Federated States of eral sources. ‘‘(3) AREA VOCATIONAL-TECHNICAL EDUCATION Micronesia, and the Republic of Palau. ‘‘(b) APPLICABLE PROGRAM.—For the purposes SCHOOL.—The term ‘area vocational-technical ‘‘(10) REPRESENTATIVES OF EMPLOYEES.—The of this section, the term ‘applicable program’ education school’ means— term ‘representatives of employees’ means— H5428 CONGRESSIONAL RECORD — HOUSE July 17, 1997

‘‘(A) individuals who have been elected by or- designated place in the CONGRESSIONAL ‘‘(3) The State board shall, for secondary ganizations, associations, or a network of simi- RECORD. Those amendments will be vocational-technical education programs, es- lar institutions to represent the economic inter- considered read. tablish effective activities and procedures, ests of employees at a significant segment of Are there any amendments to the by which parents, students, teachers, and workplaces; or area residents concerned will be able to par- ‘‘(B) individuals from organizations, associa- bill? ticipate in State and local decisions that in- tions, or a network of similar institutions, with AMENDMENT NO. 1 OFFERED BY MR. GOODLING fluence programs under this Act, and ensure expertise to represent, or experience represent- Mr. GOODLING. Mr. Chairman, I that such individuals are given access to the ing, the interests of employees with respect to offer an amendment. information needed to use such procedures.’’. vocational-technical education. The CHAIRMAN. The Clerk will des- Page 23, line 5, strike ‘‘and’’. ‘‘(11) SECONDARY SCHOOL.—The term ‘second- ignate the amendment. Page 23, line 9, strike the semicolon and in- ary school’ has the meaning given the term in sert ‘‘in current and emerging occupations; section 14101 of the Elementary and Secondary The text of the amendment is as fol- and’’. Education Act of 1965 (20 U.S.C. 8801). lows: Page 23, after line 9, insert the following: ‘‘(12) SPECIAL POPULATIONS.—The term ‘spe- Amendment No. 1 offered by Mr. GOODLING: ‘‘(D) how funds will be used to improve or cial populations’ means individuals with dis- Page 3, after line 18, insert the following: develop new vocational-technical education abilities, economically disadvantaged individ- (3) by amending subsection (c) to read as courses.’’. uals, individuals of limited English proficiency, follows: Page 23, line 13, strike ‘‘and’’. and individuals participating in nontraditional ‘‘(c) NATIONAL PROGRAMS.—None of the Page 23, line 14, before ‘‘of’’ insert ‘‘, and training and employment. funds made available under this section for evaluation’’. ‘‘(13) SECRETARY.—The term ‘Secretary’ means programs authorized under titles I, II, and Page 24, line 1, strike ‘‘component’’ and in- the Secretary of Education. part C of title III, shall be used for any pro- sert ‘‘and vocational components’’. ‘‘(14) STATE.—The term ‘State’ means each of gram authorized under part A of title III. Page 24, line 5, after ‘‘academic’’ insert the several States of the United States, the Dis- Page 3, line 19, strike ‘‘(3)’’ and insert ‘‘(4)’’ ‘‘and vocational’’. trict of Columbia, and the Commonwealth of and strike ‘‘(c)’’ and insert ‘‘(d)’’. Page 24, line 14, after ‘‘describe’’, insert ‘‘, Puerto Rico. Page 9, strike lines 12 through 14, and in- to the extent practicable,’’. ‘‘(15) TECH-PREP PROGRAM.—The term ‘tech- sert the following: Page 25, strike lines 8 and 9 and insert the prep program’ means a program of study that— ‘‘(c) RURAL AND URBAN RESERVE.—A State following: ‘‘(A) combines at least 2 years of secondary may reserve not more than 5 percent of the ‘‘(8) describe what steps the State shall education (as determined under State law) and allotment made under section 102(a)(1) to use take to involve representatives of local 2 years of postsecondary education in a non- for grants to rural areas and not more than school boards in the development of the duplicative sequential course of study; 5 percent of such allotment to use for grants State’s benchmarks; ‘‘(B) strengthens the applied academic compo- to urban areas.’’. ‘‘(9) provide a financial audit of funds re- nent of vocational-technical education through Beginning on page 9, strike lines 15 and all ceived under this Act which may be included the integration of academic and vocational- that follows through page 10, line 2. as part of an audit of other Federal or State technical instruction; Page 10, after line 2, insert the following: programs; and’’. ‘‘(C) provides technical preparation in an ‘‘(e) DEFINITIONS.—For purposes of this sec- Page 25, line 10, strike ‘‘(9)’’ and insert area such as engineering technology, applied tion— ‘‘(10)’’. science, a mechanical, industrial, or practical ‘‘(1) the term ‘rural area’ means an area Page 27, strike line 11 and insert the fol- art or trade, agriculture, a health occupation, that is not in a metropolitan statistical lowing: business, or applied economics; area; ‘‘(a) BENCHMARKS.— ‘‘(D) builds student competence in mathe- ‘‘(2) the term ‘urban area’ means an area ‘‘(1) ELIGIBILITY.—To be eligible to receive matics, science, and communications through that serves a central city in a metropolitan an allot-’’. applied academics in a coherent sequence of statistical area; and Page 27, strike lines 17 through 24 and in- courses; and ‘‘(3) the terms ‘central city’ and ‘metro- sert the following: ‘‘(E) leads to an associate degree or a certifi- politan statistical area’ have the same ‘‘(A) attainment of challenging State aca- cate in a specific career field and to high skill, meanings given such terms in section 10952 demic and vocational proficiencies; high wage employment or further education. of the Elementary and Secondary Education ‘‘(B) attainment of secondary school diplo- ‘‘(16) VOCATIONAL-TECHNICAL EDUCATION.— Act of 1965.’’. mas or general equivalency diplomas; and The term ‘vocational-technical education’ Page 16, after line 10, insert the following ‘‘(C) placement in, retention in, and com- means organized educational programs that— (and redesignate any subsequent subsections pletion of, postsecondary education or ad- ‘‘(A) offer a sequence of courses that provide accordingly): vanced training, or placement and retention individuals with the academic knowledge and ‘‘(c) AMOUNT OF GRANTS.— in military service, or employment. skills the individuals need to prepare for further ‘‘(1) IN GENERAL.—If the sums appropriated ‘‘(2) EXISTING BENCHMARKS.—If a State has education and careers in current or emerging for any fiscal year for grants under this sec- developed State performance indicators or employment sectors; and tion are not sufficient to pay in full the total benchmarks for skills according to challeng- ‘‘(B) include competency-based applied learn- amount which approved applicants are eligi- ing academic or vocational proficiencies con- ing that contributes to the academic knowledge, ble to receive under this section for such fis- sistent with this Act, the State may use such higher-order reasoning and problem-solving cal year, the Secretary shall first allocate to performance indicators or benchmarks in skills, work attitudes, general employability each such applicant which received funds measuring the progress of vocational-tech- skills, and occupation-specific skills, of an indi- under this part for the preceding fiscal year nical education students.’’. vidual. an amount equal to 100 percent of the prod- Page 30, line 3, strike ‘‘have met’’ and in- ‘‘(17) VOCATIONAL STUDENT ORGANIZATION.— uct of the per capita payment for the preced- sert ‘‘have performed in meeting’’. The term ‘vocational student organization’ ing fiscal year and such applicant’s Indian Page 32, line 10, before the semicolon insert means an organization, for individuals enrolled student count for the current program year, ‘‘, effective teaching skills based on re- in programs of vocational-technical education plus an amount equal to the actual cost of search, and effective practices to improve programs, that engages in programs as an inte- any increase to the per capita figure result- parental and community involvement’’. gral part of the instructional component of such ing from inflationary increases to necessary Page 32, line 22 and page 33, line 2, after programs, which organization may have State costs beyond the institution’s control. ‘‘academic’’ insert ‘‘and vocational’’. and national units.’’. ‘‘(2) PER CAPITA DETERMINATION.—For the Page 33, line 8, strike ‘‘support for’’ and in- SEC. 402. REPEAL OF SMITH-HUGHES VOCA- purposes of paragraph (1), the per capita pay- sert ‘‘establishing agreements between sec- TIONAL EDUCATION ACT. ment for any fiscal year shall be determined ondary and postsecondary vocational-tech- The Act of February 23, 1917 (39 Stat. 929; 20 by dividing the amount available for grants nical education programs in order to provide U.S.C. 11) (commonly known as the ‘‘Smith- to tribally controlled postsecondary voca- postsecondary education and training oppor- Hughes Vocational Education Act’’) is repealed. tional technical institutions under this part tunities for students participating in such SEC. 403. EFFECTIVE DATE. for such program year by the sum of the In- vocational-technical education programs, Except as otherwise provided, the repeals and dian student counts of such institutions for such as’’. amendments made by this Act shall take effect such program year. The Secretary shall, on Page 33, line 23, strike ‘‘and’’. on the date of the enactment of the Carl D. Per- the basis of the most accurate data available Page 33, line 25, strike the period and all kins Vocational-Technical Education Act from the institutions, compute the Indian that follows and insert a semicolon. Amendments of 1997. student count for any fiscal year for which Page 33, after line 25, insert the following: The CHAIRMAN. During consider- such count was not used for the purpose of ‘‘(10) support for education and business making allocations under this section. partnerships; and ation of the bill for amendment, the Page 22, strike line 13, and insert the fol- ‘‘(11) support to improve or develop new vo- Chair will accord priority in recogni- lowing: cational-technical education courses.’’; and tion to a Member offering an amend- (D) by amending paragraph (3) to read as Page 34, strike line 7 and insert ‘‘TIONAL- ment that he has had printed in the follows: TECHNICAL EDUCATION PROGRAMS.’’. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5429 Page 36, strike line 1 and all that follows ‘‘(A) 35 percent shall be allocated to such Page 49, beginning on line 22, strike ‘‘com- through page 37, line 2, and insert the follow- agencies in proportion to the number of indi- ponents’’ and insert ‘‘and vocational compo- ing: viduals aged 15 to 19, inclusive, who reside in nents’’. ‘‘(b) SPECIAL DISTRIBUTION RULES FOR SUB- the school district served by such agency for Page 50, line 2, after ‘‘academic’’ insert SEQUENT FISCAL YEARS.— the preceding fiscal year compared to the ‘‘and vocational’’. ‘‘(1) FISCAL YEARS 1999 AND 2000.—In fiscal total number of such individuals who reside Page 50, line 20, before the semicolon insert years 1999 and 2000, each State shall distrib- in the school districts served by all local ‘‘, effective teaching skills based on re- ute the funds available under this Act in educational agencies in the State for such search, and effective practices to improve such fiscal years for secondary school voca- preceding year. parental and community involvement’’. tional-technical education programs to local ‘‘(B) 65 percent shall be allocated to such Page 50, line 25, strike ‘‘vocational’’ and educational agencies within the State as fol- agencies in proportion to the number of indi- insert ‘‘vocational-technical’’. lows: viduals aged 15 through 19, inclusive, who re- Page 51, beginning on line 18, strike ‘‘The’’ side in the school district served by such and all that follows through ‘‘subsection (b)’’ ‘‘(A) LESSER OR EQUAL AMOUNTS.—Each State shall distribute all funds allocated by agency from families with incomes below the on line 19, and insert ‘‘Funds made available the State for each such fiscal year for sec- poverty line (as defined by the Office of Man- under this part’’. ondary school vocational-technical edu- agement and Budget and revised annually in Page 52, line 4, strike ‘‘and implementa- cation programs in amounts less than or accordance with section 673(2) of the Commu- tion’’ and insert ‘‘, implementation, and equal to the total amount of funds distrib- nity Services Block Grant Act (42 U.S.C. evaluation’’. Page 52, line 7, after ‘‘and’’ insert ‘‘aca- uted pursuant to section 231(a) of this Act as 9902(2))) applicable to a family of the size in- demic’’. such section was in effect on the day before volved for the fiscal year for which the deter- Page 52, line 18, strike ‘‘and’’. the date of the enactment of the Carl D. Per- mination is made compared to the number of Page 52, line 24, strike the period and in- kins Vocational-Technical Education Act such individuals in all the local educational sert a semicolon. Amendments of 1997 for such programs in fis- agencies in the State. ‘‘(3) FISCAL YEAR 2002.—Each State shall Page 52, after line 24, insert the following: cal year 1997 as follows: ‘‘(11) teacher preparation programs which ‘‘(i) 30 percent shall be allocated to such distribute funds allocated under this Act in fiscal year 2002 for secondary school voca- assist individuals who are interested in be- agencies in proportion to the number of indi- coming vocational-technical education in- viduals aged 15 to 19, inclusive, who reside in tional-technical education programs to local educational agencies within the State as fol- structors, including individuals with experi- the school district served by such agency for ence in business and industry; the preceding fiscal year compared to the lows: ‘‘(A) 40 percent shall be allocated to such ‘‘(12) improving or developing new voca- total number of such individuals who reside tional-technical education courses; and in the school districts served by all local agencies in proportion to the number of indi- viduals aged 15 to 19, inclusive, who reside in ‘‘(13) support for family and consumer educational agencies in the State for such sciences programs. preceding year. the school district served by such agency for the preceding fiscal year compared to the Page 55, line 1, after ‘‘expenditures’’ insert ‘‘(ii) 70 percent shall be allocated to such ‘‘of funds provided under this Act’’. agencies in proportion to the number of indi- total number of such individuals who reside in the school districts served by all local Page 55, strike line 14 and insert the fol- viduals aged 15 through 19, inclusive, who re- lowing: side in the school district served by such educational agencies in the State for such preceding year. ‘‘(c) COLLECTION OF INFORMATION AND RE- agency from families with incomes below the PORT.—’’. poverty line (as defined by the Office of Man- ‘‘(B) 60 percent shall be allocated to such agencies in proportion to the number of indi- Page 56, line 19, after the semicolon insert agement and Budget and revised annually in ‘‘and’’. accordance with section 673(2) of the Commu- viduals aged 15 through 19, inclusive, who re- side in the school district served by such Page 56, after line 19 insert the following: nity Services Block Grant Act (42 U.S.C. ‘‘(C) to carry out research that can be used 9902(2))) applicable to a family of the size in- agency from families with incomes below the poverty line (as defined by the Office of Man- to improve teaching and learning in the vo- volved for the fiscal year for which the deter- cational-technical education classroom;’’. mination is made compared to the number of agement and Budget and revised annually in accordance with section 673(2) of the Commu- Page 56, line 20, strike ‘‘(C)’’ and insert such individuals in all the local educational ‘‘(D)’’ and strike ‘‘programs’’ and insert ‘‘re- agencies in the State. nity Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size in- search’’. ‘‘(B) GREATER AMOUNTS.—Each State shall volved for the fiscal year for which the deter- Page 59, line 10, strike ‘‘4-year’’ and insert distribute all funds allocated by the State ‘‘4 or 6-year’’. for each such fiscal year for secondary school mination is made compared to the number of such individuals in all the local educational Page 62, line 22, strike ‘‘$200,000’’ and insert vocational-technical education programs in ‘‘$250,000’’. amounts greater than the total amount of agencies in the State. Page 37, strike lines 7 through 11, and in- Page 64, line 2, strike ‘‘Part C’’ and insert funds distributed pursuant to section 231(a) sert the following: ‘‘Parts C, D, E, F, G, and H’’. of this Act as such section was in effect on ‘‘(1) demonstrates that a proposed alter- Page 64, line 4, strike ‘‘is’’ and insert the day before the date of the enactment of native formula more effectively targets ‘‘are’’. the Carl D. Perkins Vocational-Technical funds on the basis of poverty (as defined by Page 65, lines 5 and 14, strike ‘‘program’’ Education Act Amendments of 1997 for such the Office of Management and Budget and re- and insert ‘‘fiscal’’. programs in fiscal year 1997 as follows: vised annually in accordance with section Page 65, line 21, strike ‘‘similar wind- ‘‘(i) 40 percent shall be allocated to such 673(2) of the Community Services Block falls,’’. agencies in proportion to the number of indi- Grant Act (42 U.S.C. 9902(2)) to local edu- Page 67, line 18, before the semicolon insert viduals aged 15 to 19, inclusive, who reside in cational agencies within the State than the ‘‘or to participate in any vocational-tech- the school district served by such agency for formula described in subsection (b);’’. nical education program’’. the preceding fiscal year compared to the Page 37, line 20, strike ‘‘$7,500’’ and insert Page 67, line 20, strike ‘‘or’’ and insert total number of such individuals who reside ‘‘$10,000’’. ‘‘of’’. in the school districts served by all local Page 41, line 5, insert ‘‘and’’ after the semi- Page 67, line 22, strike ‘‘or’’ after the semi- educational agencies in the State for such colon. colon. preceding year. Page 41, line 9, strike ‘‘be’’ and insert ‘‘op- Page 67, line 24, after ‘‘or’’ insert ‘‘feder- ‘‘(ii) 60 percent shall be allocated to such erate programs that are’’. ally’’. agencies in proportion to the number of indi- Page 44, line 12, strike ‘‘$20,000’’ and insert Page 67, line 25, strike the period and in- viduals aged 15 through 19, inclusive, who re- ‘‘$35,000’’. sert ‘‘, unless the participant has selected side in the school district served by such Page 47, line 8, strike ‘‘that’’ and insert and is participating in a program or course agency from families with incomes below the ‘‘which provides vocational-technical edu- of study that requires, as a condition of com- poverty line (as defined by the Office of Man- cation programs and’’. pletion, attainment of an industry-recog- agement and Budget and revised annually in Page 47, line 17, after ‘‘Such’’ insert ‘‘voca- nized skill or standard; or’’. accordance with section 673(2) of the Commu- tional-technical education’’. Page 67, after line 25, insert the following: nity Services Block Grant Act (42 U.S.C. Page 48, line 18, strike ‘‘component’’ and ‘‘(4) to require any individual to obtain a 9902(2))) applicable to a family of the size in- insert ‘‘and vocational components’’. federally funded or endorsed certificate of Page 48, line 22, after ‘‘academic’’ insert volved for the fiscal year for which the deter- mastery.’’. ‘‘and vocational’’. mination is made compared to the number of Page 49, line 5, strike ‘‘and implementa- Page 68, after line 21, insert the following: such individuals in all the local educational tion’’ and insert ‘‘, implementation, and ‘‘SEC. 409. PARTICIPATION OF PRIVATE SCHOOL agencies in the State. evaluation’’. PERSONNEL. ‘‘(2) FISCAL YEAR 2001.—Each State shall Page 49, line 6, before the semicolon insert ‘‘A State or local educational agency distribute funds allocated under this Act in ‘‘, and how these individuals are effectively which uses funds under this Act for inservice fiscal year 2001 for secondary school voca- informed about, and assisted in understand- and preservice vocational-technical edu- tional-technical education programs to local ing, the requirements of this Act,’’. cation professional development programs educational agencies within the State as fol- Page 49, line 18, strike ‘‘provide’’ and in- for vocational-technical education teachers, lows: sert ‘‘support’’. administrators, and other personnel may, H5430 CONGRESSIONAL RECORD — HOUSE July 17, 1997 upon request, permit the participation in involve local school boards in the de- sions will protect current funding such programs of vocational-technical edu- velopment of the State’s benchmarks is streams to ensure that school districts, cation teachers, administrators, and other included and the amendment would add whether represented by a Democrat or personnel in nonprofit private schools offer- language allowing nonprofit private a Republican, will continue to operate ing vocational-technical education programs quality vocational education programs. located in the geographical area served by schools who have secondary voca- such agency.’’. tional-technical education programs, b 1130 to be able to participate in vocational- Page 70, line 6, strike ‘‘For’’ and insert ‘‘(a) In addition, the amendment would GENERAL RULE.—Except as provided in sub- technical education professional devel- ensure that States who wish to waive section (b), for’’. opment activities. Finally, the amend- the provision of this formula would Page 70, after line 11, insert the following: ment would make other modifying and ‘‘(b) EXCEPTION.—If the amount made have to develop one that better targets technical changes to the bill. poverty to gain the approval of the available for administration of programs Mr. Chairman, I yield back the bal- under this Act for a fiscal year is less than Secretary of Education. Coupled with ance of my time. the amount made available for administra- this alternative formula provision is Mr. BARRETT of Nebraska. Mr. tion of programs under this Act for the pre- the ability of States to target both Chairman, I rise in support of the ceding fiscal year, the amount the State is rural and urban areas through grants required to provide from non-Federal sources Goodling amendment, the manager’s and increase minimum grant amounts for costs the State incurs for administration amendment, because it does allow for both secondary and postsecondary of programs under this Act shall be the same States to reserve 5 percent of their recipients. percentage as the amount made available for Federal funds to help rural areas im- administration of programs under this Act. While many, including myself, would prove vocational education, and unlike have wanted to maintain the formula Page 73, after line 21, insert the following our urban Members, rural residents (and redesignate any subsequent paragraphs in current law, I believe both sides accordingly): often do not have the option of hopping view this as a compromise which we ‘‘(4) CAREER GUIDANCE AND ACADEMIC COUN- on a subway or a bus to get to their could all support. We on this side sup- SELING.—The term ‘career guidance and aca- needed services. Sometimes we have to port the gentleman’s amendment, and I demic counseling’ means providing individ- drive many, many miles to even to get urge all my colleagues to do likewise. uals with information access on career the most basic of services. Mr. RIGGS. Mr. Chairman, I move to awareness and planning for their occupa- Many of Nebraska’s rural commu- strike the requisite number of words. tional and academic future which shall in- nities are grappling with some pretty Mr. Chairman, I just want to point volve career options, financial aid, and post- dramatic State education funding out to my colleagues that we worked secondary options. Page 74, line 2, after ‘‘related’’ insert ‘‘vo- changes. At risk of course is vocational very diligently to arrive at this bipar- cational-technical education’’. education, which provides opportuni- tisan compromise. This bipartisan Page 77, beginning on line 13, strike ties for young people to get the job compromise, as included in the man- ‘‘through applied academics’’ and insert ‘‘(in- skills and learn about the technologies ager’s amendment, really is the result cluding through applied academics)’’. in the business world. of weeks and weeks of very intensive Page 78, line 2, strike ‘‘employment sec- In my State we have a very unique negotiations. It came about as a result tors’’ and insert ‘‘occupations which require problem. We have a labor shortage. Our of literally a last-minute, 11th-hour other than a baccalaureate or an advanced unemployment rate today is about 2.3 proposal made by our Democratic col- degree’’. percent. Many businesses have wanted leagues yesterday. Mr. GOODLING. Mr. Chairman, I to expand or locate in my State only to However, I want to point out that offer an amendment, a manager’s find that we do not have enough skilled what we have done here effectively is amendment, that would modify the people for them to employ. That is why to meet halfway. Current law sends within State secondary funding for- targeting vocational funds to rural money down to local school districts mula to distribute funds in 1998 by the areas might very well help attract and for secondary programs on a formula current law formula, in 1999 and 2000 by retain existing businesses. that is based roughly on 30-percent a formula based 70 percent on poverty, So, Mr. Chairman, I congratulate the population and 70-percent poverty. The 30 percent on population with a hold gentleman from Pennsylvania [Mr. 70 percent poverty factor is a proxy for harmless at the 1997 funding level. Any GOODLING] and the subcommittee the current title I variable and the 30- additional funds above the 1997 level chairman, the gentleman from Califor- percent population factor is a proxy for the 20-percent IDEA and 10-percent will be distributed by a formula based nia [Mr. RIGGS], and the staff for all of 60 percent on poverty, 40 percent on the hard work that has gone into this population factors in current law. In our committee bill we proposed population. In the year 2001 all funds legislation. I would encourage my col- splitting the funds for secondary pro- are allocated by a formula based 65 per- leagues to support the Goodling cent on poverty, 35 percent on popu- grams on a 50/50 poverty-population amendment as well as the bill. formula. What the Chairman has pro- lation. And in the year 2002 all funds Mr. MARTINEZ. Mr. Chairman, I are allocated by a formula based on 60 posed, and which has met with agree- move to strike the last word. ment on the other side of the aisle, is percent poverty, 40 percent population. Mr. Chairman, I rise in support of the a new substate formula based 40 per- The amendment will raise the mini- amendment, and I rise to discuss a pro- cent on population and 60 percent on mum grant amount from $7,500 to vision of the amendment that is offered poverty. This will be gradually phased $10,000 for secondary programs, and by the gentleman from Pennsylvania in over the life of the bill. from $20,000 to $35,000 for postsecondary [Mr. GOODLING], and a cornerstone of However, what I want to stress to my programs. It would modify the 10-per- this amendment is the changes that it colleagues and this is really critical in cent rural reserve and would strike the will make to the secondary substate view of some of the amendments that 5 percent for incentive grant awards. former provisions which have been may be coming up later today on this The amendment would further modify agreed upon in a bipartisan fashion, legislation, that any additional funds the secondary alternative formula lan- and the formula which is included in above the 1997 level would be distrib- guage to allow funds to be targeted to the reported bill strongly deempha- uted, beginning in fiscal year 1999, on a areas of greater poverty. The Chair- sizes, in my estimation, poverty and al- new formula which is based 60 percent man’s amendment would raise the lows the States to reserve up to 15 per- on poverty, 40 percent on population. small State minimum grant award for cent of local moneys for an undefined So, that is to say, that to the extent technology prep to $250,000 and would purpose and subsequently was com- we can have additional moneys going insert language prohibiting the use of pletely unacceptable to us on our side down to the local level and to the ex- funds authorized for State grants to be of the aisle. tent we can secure any additional ap- used for national programs. Part C In contrast, the manager of the propriations for Perkins vocational- through H of title III are repealed. Lan- amendment will gradually institute a technical education programs, begin- guage is added to increase the involve- formula over a 5-year period which is ning in 1999 those moneys will go down ment of parents in vocational— slightly less targeted toward poverty to the local school district by a for- technial education programs. Language than in current law but still is ade- mula that is based 60 percent poverty— asking States to describe how they will quate. In doing this, the formula provi- 40 percent population. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5431 If any amendment comes up later Mr. ROEMER. Mr. Chairman, I rise a beginning in this bill. I support that, today that would effectively reduce the in support of the bill before us, and in and hopefully we can do more in con- amount of money—reduce from the 90 support of the amendment before us, ference. percent of the funds that are going lo- but also in support of moving this bill Last, Mr. Chairman, I think one of cally—then that amendment would from the House floor and our body to my biggest concerns about this legisla- have the effect of basically upsetting conference, where we hope it can even tion is the funding mechanism. I want this very delicate agreement that we undergo further improvements. to make sure that we have the funding have arrived at in a bipartisan fashion I rise in support of this legislation formula more and more oriented to- with respect to the sub-State formula. for a number of reasons. One is because ward making sure that the most vul- In the Chairman’s manager’s amend- so many people today do not go on to nerable people in our society, those ment, we have come up with an agree- graduate from a 4-year college or uni- that need this assistance and education ment that allows 10 percent of the versity and need this help through this the most, those people that are trying funds to be targeted to rural and urban particular legislation; second, because to get off welfare, that they get the areas—a maximum of 5 percent for in a global economy where more and skills for a good education and training rural areas and 5 percent for urban more businesses are doing their busi- to stay off those welfare rolls. We need areas. But we should not overlook the ness overseas, where more and more of a funding formula that drives this as- concerns we heard from some of our our workers are needing lifetime skills sistance in education and training to witnesses regarding suburban areas. and not just learning between 18 and 22, those people. Instead of making it pop- We all recognize the problems of we need to make sure that programs ulation-based, we need to drive it more urban cities, and I daresay that those like this are targeted to the most vul- toward the poverty rate and those that urban school districts are fairly well nerable in our society and targeted for need it. represented on the Democratic side of a lifetime of learning, not just for a We are starting to do that. I hope we the aisle. They have some very forceful particular couple of years or time pe- do even more of that in the conference and articulate advocates on our Com- riod. coming up with the Senate. It is simi- mittee. Suburban schools have many of Those are very, very important rea- lar to disaster assistance. If we had a the same problems that urban school sons why we need the legislation. The disaster assistance bill on the floor districts face today, very similar prob- world is changing. We need to target that was supposed to go to those people lems in fact: drugs, gangs, youth vio- the help to help our businesses com- in North Dakota that just experienced lence. Those problems are being found, pete, to help our young people learn a disaster, but we said no, we are not as the gentleman from Pennsylvania new skills, and to help them learn going to base this on the disaster or [Mr. PETERSON] pointed out, in rural these skills for a lifetime. the flooding, we are going to base it on areas and, as I am stressing now, in I also think we have had a number of the population so people in California suburban areas as well as urban areas. improvements in this bill through the and Florida will get it just as people in I mentioned in my opening remarks subcommittee process and the full North Dakota will get it, that would that we held a field hearing across the committee process and now with the not make a whole lot of sense. Potomac River in northern Virginia administration amendments. We have So let us try to drive this formula, Fairfax County, VA is a county that maintained the tech prep program the funding formula, in conference most Members are familiar with be- which is very critical for the State of more and more toward those in pov- cause of its proximity to Washington, Indiana and helps prepare some of our erty, those that need it; those schools DC. I want to stress that whereas in youngest, most talented and most vul- that really need the resources to ad- 1990, 8.7 percent of the children in Fair- nerable people to get the necessary dress those people to get the education fax County schools were considered liv- skills in Indiana to stay in Indiana and and training, both for their dignity, for ing in poverty, today, in 1997, that contribute to the business, to the work their futures and their family’s fu- number has risen to 18.3 percent—an force, to the plant, and ultimately, to average annual increase of 15 percent. tures, but also to help fix the welfare One other point I want to make and the economy. problem that we have in this society Second, we have been able to that concerns reducing the minimum today, too. strengthen provisions addressing pro- grant amount. I am very glad that we We are making great strides. We need fessional development in this bill so we were able, again, to arrive at a biparti- to continue to be fair and equitable. I continue to work with the teachers san agreement with our Democrat col- urge my colleagues to pass this legisla- leagues on this issue. We heard during that need to enhance their abilities to tion and continue to improve it in con- our hearings that there is a need to try teach young people in different ways as ference. to spread this money more equitably to the changing world and the chang- Mr. PAYNE. I move to strike the req- around the country. A lot of the Per- ing machines and computers they are uisite number of words, Mr. Chairman. kins dollars simply are not getting into working with. That is a very key ingre- Mr. Chairman, I rise to support this certain areas and communities of the dient in this bill. amendment, and overall stand to sup- country. Third, we are training the personnel port the vocational education bill By lowering the minimum grant to use technology and long-distance which is so important as part of our amount in current law from $15,000 to learning capabilities more and more Federal education system. This act $10,000 for secondary programs, one ef- through the language in this bill. We provides our students with the tools to fectively cutting the minimum grant have heard from testimony throughout be prepared for a trade or career di- amount by one-third. We are driving the last couple of months that long-dis- rectly following high school. more money to more school districts at tance learning and E rate and a host of As has been indicated, every student the local level, using those Federal other things are going to be very, very is not going on to college. The inten- taxpayer dollars to leverage State and important, not only to train young tion of these programs is to teach local dollars that are going into public people but for equity in learning, to young people a trade while allowing education specifically for vocational- make sure that some of the schools students to be academically prepared technical education programs. that are in inner-city areas that can- for postsecondary education. Giving Again, I am pleased that our Demo- not afford the long-distance learning our students viable options for the fu- cratic colleagues were able to arrive at machines and technology also get ac- ture is very critical for the economic an agreement with us on this particu- cess to that technology. and social development of our Nation. lar issue, and I urge support of the Quite frankly, Mr. Chairman, we It is for that reason that I am pleased manager’s amendment. need to do more there, more through that the concern that I raised during Mr. ROEMER. Mr. Chairman, I move enforcing the E rate that was recently the committee markup regarding re- to strike the requisite number of passed by the FCC. We need to do more serves for only rural districts has been words. in terms of technology and getting this addressed. I appreciate the subcommit- (Mr. ROEMER asked and was given technology into schools that cannot af- tee chair for allowing the position that permission to revise and extend his re- ford it. We need to do more in terms of I had that the bill before the House marks.) the fairness and the equity. But this is today includes a 5-percent reserve for H5432 CONGRESSIONAL RECORD — HOUSE July 17, 1997 both urban and rural areas who display the nine largest cities in the country, cation programs in meeting the needs need. receive anywhere from a 12.7-percent to of girls and women in these special cat- The additional pool of funds will 17.2-percent increase. But we are talk- egories, and eliminates a 10.5 percent allow students in regions of our coun- ing about 75 percent of our population set-aside which is required under cur- try, where a college education is unfor- that we really have to deal with and rent law. tunately just not economically an op- deal with promptly if we are going to The amendment we offer today does tion, to have vocational education pro- remain competitive in this United not fully restore these provisions but grams best suited for their future. States. assures that it will continue to receive I would also like to offer my sincere The CHAIRMAN. The question is on the support at the current level. It strong support for the Mink-Morella- the amendment offered by the gen- maintains a vocational education eq- Sanchez-Woolsey amendment to pro- tleman from Pennsylvania [Mr. GOOD- uity coordinator and provides a hold- vide a hold harmless for programs serv- LING]. harmless for the displaced homemaker, ing displaced homemakers, single par- The amendment was agreed to. single parent and gender equity pro- ents, and pregnant women, and pro- AMENDMENT NO. 5 OFFERED BY MRS. MINK OF grams at the fiscal year 1997 level. We grams that promote gender equity. HAWAII have heard in the manager’s amend- Opponents of this provision claim Mrs. MINK of Hawaii. Mr. Chairman, ment how the expectation is that there that States can offer these programs at I offer an amendment. will be increased funding because of the present time if they decide to do The CHAIRMAN. The Clerk will des- the bipartisan support for this pro- so. However, prior to when the Perkins ignate the amendment. gram, and the formula is based upon Act required the States to have gender The text of the amendment is as fol- the assumption that the funding will equity programs, only 1 percent, let me lows: increase to the year 2002. state it again, only 1 percent of State Under our amendment we do not grants went to displaced homemakers Amendment No. 5 offered by Mrs. MINK of Hawaii: have a 10 percent set-aside. All we are and supportive services. The history of Page 21, line 4, strike ‘‘(b)’’ and insert asking is that the current funding this provision proves that these pro- ‘‘(c)’’ which has been allocated to these four grams will not be funded if the Mink Page 21, line 6, strike ‘‘(b)’’ and insert programs be maintained at the level amendment is not included in this bill. ‘‘(c)’’. that is being experienced in the local So I urge Members of the House to sup- Page 21, line 10, strike the periods and end communities. port this very important amendment. quotation marks and insert a semicolon. Over 13 years ago Congress made sure Sadly, this will leave members of our Page 21, after line 10, insert the following: (5) in subsection (b)(1)— that the special needs of women and population who are struggling to sup- girls were attended to by this set-aside, port families and to stay off of welfare, (A) in subparagraph (A)— (1) by striking ‘‘section 221’’ and inserting and numerous analyses have been made as we talk of from welfare to work, this ‘‘paragraph (3) of section 201(c); and about the effectiveness of this pro- will not give the opportunity to women (ii) by striking ‘‘section 222’’ and inserting gram. GAO and other sources have re- to be trained in specific fields. It will ‘‘paragraph (4) of section 201(c)’’; and ported that this is a program that has also leave young women in high (B) by striking subparagraph (J). provided that assistance which was ab- Page 33, after line 12, insert the following schools across the country with little sent prior to this set-aside. There is encouragement to participate in voca- (and redesignate the subsequent paragraphs accordingly): evidence to indicate that only 1 per- tional education programs that in- cent of the program recipients were crease the chance of them attaining a ‘‘(4) sex equity programs,’’. Page 34, after line 5, insert the following: women in these categories. job with a future when they graduate. ‘‘(e) HOLD HARMLESS.—Notwithstanding So I hope that my amendment will be As we attempt to move this country the provisions of the part or section 102(a), agreed to. It is especially urgent be- from welfare to work, I find it strange to carry out programs described in para- cause of the changes that were made in that job training programs such as the graphs (3) and (4) of subsection (c), each eli- the welfare program. We are now put- Perkins Act would ignore the female gible recipient shall reserve from funds allo- ting emphasis on work and on work population that constitutes a large ma- cated under section 102(a)(1), an amount that training. The only education program jority of people who are currently rely- is not less than the amount such eligible re- in the bill that was passed last year ing on public assistance who will have cipient received in fiscal year 1997 for carry- ing out programs under sections 221 and 222 which meets the criteria of work activ- to move to work. of this Act as such sections were in effect on ity is vocational training. Vocational b 1145 the day before the date of the enactment of training is recognized by all persons as Therefore, I urge my colleagues in the Carl D. Perkins Vocational Technical the one means by which people who are Education Act Amendments of 1997. the House on both sides to fully sup- not able to find a job, get a job, im- port the Mink-Morella-Sanchez-Wool- (Mrs. MINK of Hawaii asked and was prove themselves, get into a situation sey amendment and vote for its pas- given permission to revise and extend where they can actually sustain their sage. her remarks.) families with their income. Mr. PETERSON of Pennsylvania. Mr. Mrs. MINK of Hawaii. Mr. Chairman, So it is extremely important, at this Chairman, I move to strike the req- I rise today together with my col- stage of correlating the existing law to uisite number of words, and I would leagues the gentlewoman from Mary- the new changes under welfare, that we like to share my strong support for the land [Mrs. MORELLA], the gentlewoman not abandon the support that has been amendment offered by the gentleman from California [Ms. SANCHEZ], the gen- given to displaced homemakers, single from Pennsylvania [Mr. GOODLING]. tlewoman from California [Ms. WOOL- parents, single pregnant women and Mr. Chairman, I yield to the gen- SEY] and the gentlewoman from Cali- others in this category. They need that tleman from Pennsylvania [Mr. GOOD- fornia [Ms. MILLENDER-MCDONALD] to continued support. LING]. offer this amendment which seeks to We are restructuring this program. Mr. GOODLING. Mr. Chairman, I just preserve existing programs serving the We are creating new ways in which to want to point out two things. We are needs of girls and women in our voca- orient the funding of the program. It hearing a lot about where the money tional educational system. seems to me that in this period of tran- should go. Keep in mind now, we are The bill in its current form rep- sition it is critical that we hold harm- talking about 75 percent of the popu- resents a major setback for girls and less a program of this sort. Otherwise lation that has been pretty well ig- women in our educational system. It it will get lost. nored because they do not receive a 4- eliminates important provisions of cur- Notwithstanding what the majority year college degree. We have to make rent law which target programs for dis- Members, including the Chair of the sure that that 75 percent is ready to placed homemakers, single parents and full committee, have said, suggesting enter the high tech jobs that are out pregnant women, and programs to en- that the bill before us is adequate, I there, if we are going to remain com- sure gender equity and train women for would like to point out that the bill petitive. nontraditional careers. It eliminates does not in any way make sure that I would also like to point out that the equity coordinator now required in single parents, displaced homemakers, with the formula contained in the bill, every State to assist vocational edu- single pregnant women, or individuals July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5433 seeking nontraditional employment ary institutions that under this bill cation that leads to low wage, tradi- can be served. Although the State ap- would determine their own priorities tionally female occupations. I remem- plication must include a description of for reform and for funding. ber when I was graduating from high how the State will serve these cat- I think there are benefits, enormous school and I went to see my counselor. egories of people, the application is benefits to putting more decisionmak- With a straight A average, I was told only a planning document. There is no ing at the local level, as long, and I to go to the local community college. I enforcement mechanism that would must stress this to my colleagues that said I wanted to be a doctor. My coun- sanction the States if they did not ac- do not understand this legislation or selor said, ‘‘Why don’t you become a tually do what they said in their appli- have not read it yet, as long as we have nurse?’’ cation. the backup and enforcement mecha- Sadly, 10 years later my younger sis- The State leadership activities only nisms that are required. I believe the ter went to the same counselor at the allow a State to provide support for legislation does this. same high school, and she also had these programs; that they may choose To address the concerns that special practically a straight A average, and to spend all of their money on required populations would not be accommo- she was told the same thing: ‘‘Stay activities and absolutely none on the dated under this legislation, for any of close to home. Go to school for a 2-year programs for displaced homemakers, our colleagues who question that, I degree that will get you a job that will single pregnant women, and sick single have to refer them to page 29 where let you start working right away.’’ parents. there is an explicit statement about We need to stop this. The current 10.5 The accountability provisions which special populations. This statement re- percent set-aside in Perkins dollars is have been referred to do not include a fers to how the State has to take cer- designated to reverse this detrimental benchmark for measuring services to tain actions in accordance with this trend. More importantly, these special- this group of disadvantaged persons. A legislation. Those actions include all ized programs move displaced home- State can report that only one single kinds of populations and specifically makers and single parents from welfare displaced homemaker was served and displaced homemakers, single parents to work, something most of us agree would meet the requirements of the and single pregnant women. needs to be done. Further, the legislation does include benchmarks. This amendment will preserve the the necessary enforcement mechanisms I ask the House to consider the specialized job training programs by and penalties, as I read it. If the State progress that we have made in address- requiring local entities to maintain application fails to show how the State ing the special needs of these individ- current funding for the next fiscal will ensure that the special populations uals in probably the most disadvan- year. Each State will also be required meet or exceed State benchmarks, then taged group in our society and in view to maintain its sex equity coordinator, the Secretary of Education would dis- of the fact that the welfare bill, which and that is very important because it approve the application. Further, if the we voted and made into law, singles allows somebody to talk to young State fails to meet its own bench- out the single parents on welfare and women about good-paying jobs and fol- marks, then the Secretary and the De- says that the policy of this country is partment of Education can intervene lowing a program that will allow them that all of these individuals should to bring the State up to a minimum to be good breadwinners. work, work off their welfare or work adequate level of performance. That is b 1200 into a job situation; in order to work explicit in the legislation. This approach will ensure that these into a job situation, have specifically In addition, the Secretary and the de- said that the work requirement could programs are maintained by providing partment could also sanction the State States and local entities maximum be met by the work activity definition by withholding all or part of the State of vocational education. flexibility in meeting the vocational grant. So I am really not quite sure education needs of women. That being the case, this Congress where the author of this amendment, and this House in particular has recog- Since we are all interested in reduc- how the author of the amendment is ing the number of women and families nized the significance of vocational able to say that there are no enforce- education. Women, after all, constitute on welfare, our primary goal should be ment mechanisms. to increase the employability and the half the population. They should have I am more than reasonably assured earning potential of women, especially special attention. In view of what we that we are protecting the special pop- women with children. The programs did in the welfare bill, it seems to me ulations and at the same time gaining that we have now do this. They succeed to abandon them now, offer them no the benefits from the knowledge, the protection of at least sustaining the ef- direct knowledge of those at the local in promoting self-sufficiency for forts that have been put in place, level who best know how to target women. would be a dramatic reversal of the em- these programs. That is one of the es- So let us not take a step back but, phasis that we have put on serving this sential reforms of this bill. To adopt instead, let us work toward maintain- population. this amendment would deny that and ing and advancing these programs. I urge my colleagues to support my reinstate set-asides. I am especially concerned that pro- amendment and continue the programs I do not believe that we need set- grams to help young single mothers that are in existence. asides or quotas. We need equity, we will remain intact. My district in Or- Mrs. ROUKEMA. Mr. Chairman, I need outreach, and we need non- ange County has the highest incidence move to strike the last word, and I rise discrimination. The Secretary and the of teen pregnancy. When a young lady in opposition to the amendment. Department of Education have the ex- makes a good decision to keep a child Mr. Chairman, I must stand in oppo- plicit authority in this legislation to but wonders how she will support it, it sition to this amendment for my dear maintain those principles. is important that we have programs in colleague from Hawaii. We so often Ms. SANCHEZ. Mr. Chairman, I move place to assist teen mothers to grad- agree on some of these gender issues, to strike the requisite number of uate from high school with the ability but on this, as I did in the committee words. to find and maintain employment that markup, I must oppose the amend- Mr. Chairman, today I rise on behalf is essential to getting these families ment. of our bipartisan amendment to H.R. out of that welfare and low-poverty I agree with the direction of this leg- 1853, the sex equity amendment. Our cycle. islation and that is to move away from amendment will preserve programs If we are to break that cycle, that de- any type of set-aside and, therefore, that eliminate sex bias in vocational pendency that haunts teenage mothers, cannot support the amendment. education and job training programs. then we must help these young women This amendment, in my assessment, This assistance is vital to displaced to graduate from high school with the would severely limit the authority homemakers, single parents, and to skills necessary to gain good, meaning- given to the States which is one of the pregnant women attempting to enter ful, long-term employment. prime reforms of this legislation; that the work force. Funding sex equity and single parent is, the authority given to the States, to Let us face it, young women are programs now is an investment in our local school districts and post-second- being tracked into vocational edu- young people. Small grants combined H5434 CONGRESSIONAL RECORD — HOUSE July 17, 1997 with local community efforts can help mittee, the ranking member, the gen- the drawing board, and fortunately we to make a tremendous impact on pro- tleman from Missouri [Mr. CLAY]. I were able to eliminate an awful lot of grams for young women. Please vote want to also commend the gentleman those set-asides. for our amendment. from California [Mr. RIGGS]. Now, today, we are back, and what Mrs. MORELLA. Mr. Chairman, I All of this committee have done an we would do with this amendment is move to strike the requisite number of excellent job on this particular bill. I make sure that there is less money for words. know they have put a lot of hard work local school districts to do exactly Mr. Chairman, during my tenure in into it, and this is a bill that directs what these Members want to do. In the the House, I have always supported funds for vocational education pro- formula under our bill we force this programs that would ensure that grams into the local level. money down to the local level, 90 per- women have access to nontraditional I also appreciate the efforts of the cent of it, for local priorities. jobs. For women who are seeking job chairman and the committee to protect Now, let me tell my colleagues what training services, the bottom line is a programs for displaced homemakers, the amendment does, on the other livable wage. Nontraditional jobs pay single parents, and pregnant women. hand. Let us say a State gets only $4 better, they offer greater benefits. For However, history, as well as anecdotal million. Only $4 million. Well, the first displaced homemakers and single par- information, collected by the National $60,000 goes off the top for a sex equity ents, nontraditional jobs can be a path- Coalition for Women and Girls on Edu- coordinator. Then that person has to way to economic self-sufficiency and cation, makes it clear that without re- have five, six, maybe eight other peo- family stability. serves States will not continue these ple that have to help that sex equity I also believe that, we know the old services. coordinator. Another $60,000, $100,000, adage, if it ain’t broke don’t fix it, we Before designated funds were in $200,000 goes off the top and never gets have a situation that is not broken, place, States and localities spent only down to the local level to help the peo- that appears to be working, that this 0.2 percent of their vocational funding ple we are trying to help. I again point bill will help to enhance, so let us not on specialized programming for women out, we are talking about 75 percent of change it. It is because of my interest and girls. Unless language is written our population, including displaced in the self-sufficiency of women that I with more specific wording, programs homemakers, who we need to serve in have joined with my colleagues, the for this special population may not this legislation. Now, it was mentioned that this gentlewoman from Hawaii [Mrs. MINK], continue. I think they will not con- the gentlewoman from California [Ms. tinue in many instances. amendment would be better than the job training services provided to dis- SANCHEZ] and the gentlewoman from Some displaced homemaker pro- placed homemakers under the Job California [Ms. WOOLSEY] to offer this grams have already been put on notice amendment to preserve programs for by State directors of vocational and Training Partnership Act. This is no displaced homemakers, single parents technical education that, if Congress any longer true. As a matter of fact, we and pregnant women. eliminates the reserves, they will not have approximately $1.5 billion in the The amendment does not add any be funded. This is an ominous warning job training bill that we passed in May through which displaced homemakers cost to the bill nor does it seek to re- about States’ commitment to equity may receive assistance. We have de- store the current law set-aside at the without firm Federal guidelines. State level for these programs. It mere- Our amendment ensures that these fined displaced homemakers as dis- ly requires that localities currently successful programs will continue. It located workers under that legislation and increased the emphasis for serving funding such programs continue to do would also provide States with the this population under that bill. We so at the same level as fiscal year 1997. flexibility they need to meet the needs have also expanded services for dis- The amendment also restores the vo- of the girls and women in their voca- placed homemakers in our reconcili- cational education equity coordinator tional education and job training pro- ation bill under its welfare-to-work required in each State to oversee and grams. provisions with another $3 billion. evaluate equity programs for displaced Mr. Chairman, women comprise close We have to understand there is 75 homemakers and single parents in vo- to half of the civilian work force. By percent of our population that has not cational education, which is current the year 2000, more women than men been served well; that must be served if law. will be entering the work force. The we are going to remain a competitive It is essential that we preserve these failure to incorporate women into all nation. And if we do not remain a com- programs, I believe, to ensure that areas of the work force penalizes not petitive nation, then there is no use to women and girls have access to higher only women but the entire American talk about education or training be- wage, higher skilled jobs that tradi- economy. cause there will be no jobs out there. tionally are reserved for men. U.S. productivity and competitive- In my district we have many jobs Programs and services to displaced ness in the international marketplace available for those who have skills. homemakers and single parents have will depend more and more upon indus- There are very few jobs for unskilled received very high marks. A national try’s ability to encourage, incorporate, laborers any longer, and in the year assessment of past program partici- and nurture the skills and knowledge, 2000 there will be less. So we have to pants found a majority rated the pro- energy, and creativity of women work- deal with this 75 percent. We cannot re- gram that they attended as excellent ers. quire a little set-aside here and a little or very good. Three out of four cus- Our amendment is not an option, it is set-aside there. tomers who participated in other gov- a necessity, so I urge a ‘‘yes’’ vote on As I mentioned, if we do it the way ernment programs, such as the welfare this important amendment. we now have it in the manager’s system, the Job Training Partnership Mr. GOODLING. Mr. Chairman, I amendment, we are forcing 90 percent Act or Job Corps rated the displaced move to strike the requisite number of of the money down to the local level. homemaker or single parent programs words and rise in opposition to the Now, I ask who, more than I, have led as much better or better. Nearly all of amendment. the fight over the years to make sure the participants agreed that they Some years ago, when we were reau- that we are serving the needs of dis- would recommend the program to a thorizing vocational education, we placed homemakers? Not any woman friend. found, when we got almost to the end that I know, as a matter of fact, and In Pennsylvania, participants en- of the markup, that we had set-asides that is why this legislation is filled rolled in the displaced homemaker pro- totaling 120 percent. Obviously, fund- with references requiring services for grams terminated or reduced their ing for programs can only total 100 per- special populations. need for public assistance, resulting in cent but we had included set-asides for We start out on page 24 and we say savings to the State of nearly $2 mil- 120 percent, which meant that so many describe how the State will ensure that lion a year. programs were created that were so members of special populations meet Mr. Chairman, I want to commend small, that no one really could do State benchmarks established under the gentleman from Pennsylvania [Mr. much of anything with the money they section 114 and are prepared for post- GOODLING], the members of the com- were getting. So we had to go back to secondary education, future learning, July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5435 high skill, high wage careers. Then we serves vocational education programs pregnant, parents as well as displaced have an auditor that comes in and that give women the skills they need homemakers in these programs. The makes darn sure that, as a matter of to get jobs that pay a livable wage. majority of the money did go down to fact, the State is doing what they said Also, it provides women with the abil- the local level to help them, and we to the Secretary they are going to do. ity to support themselves and their want to just make sure the RECORD re- We go on then and indicate that each families. These programs train dis- flects this statement and correction of State that receives an allotment under placed homemakers, single parents and that statement, because I do know the section 102 shall annually prepare and single pregnant women for nontradi- value and necessity for providing qual- submit to the Secretary a report on tional careers, such as blue collar jobs, ity vocational programs for single par- how the State is performing on State jobs that men usually hold, jobs that ents and displaced homemakers. benchmarks. And, under that, special pay better than the traditional jobs I also know the need for equity coor- population, the report submitted by women often take. dinators to oversee, coordinate, and the State in accordance with the sub- The data of the Bureau of Labor Sta- evaluate equity initiatives in voca- paragraph, shall include a description tistics, Mr. Chairman, shows that tional education. I had four equity co- of how special populations, displaced young women who graduate from high ordinators working under me, and I do homemakers—we even spell them out— school and go right into the job market know that they made evaluations of are served under our legislation. earn less, 25 percent less, than their the program on an annual basis. And then we go to the local level, and male counterparts. The reason for this? Under current law, a 10.5-percent set- we say ‘‘support for programs for single Again, according to the Bureau of aside is required at the State level for parents, displaced homemakers, single Labor Statistics, it is that these young these programs. Our amendment would pregnant women and individuals in women are overrepresented in low-pay- not restore the set-aside but simply re- nontraditional occupations that lead to ing occupations. quire that localities currently funding high skill, high wage careers.’’ And The Mink amendment does not re- such programs continue to provide again, we mention the local level on quire any local community to start funding for these programs at the same page 52 and say, ‘‘programs for single any new program to train women for level as the fiscal year 1997. Our parents, displaced homemakers and nontraditional jobs, it just maintains amendment would also restore the re- single pregnant women.’’ and holds harmless what is in place quirement that a vocational education We have spelled it out over, and over, today. equity coordinator exist in every and over, again that the State will State. b 1215 The Vocational Education Reauthor- serve special populations, displaced ization Act that Congress has deemed homemakers, single pregnant women It simply says if we already have a essential in helping women escape do- and single parents, probably far better program for displaced homemakers for mestic violence and become self-suffi- than they have been served in the past. single parents or for single pregnant cient for the past 13 years has indeed If the State does not, then the State women, we can and should continue the been a model program and one that is will be in serious trouble as far as their program. sorely needed. I do not see nor under- State allocation is concerned. We know these programs work. The stand why we would not want to main- So I would hope that we do not start Department of Labor in Florida showed tain a program at the current level this business now of having set-asides that over 70 percent of the women who that has proven to be one of the most until we weaken everything so there is participated in their programs in 1992 and 1993 doubled their income after successful programs in this country. not enough money to do anything well The 1996 GAO study ‘‘Employment and no flexibility for local govern- completing the program. A study of the participants in Oregon’s program Training: Successful Projects Share ments and States to serve those in Common Strategy’’ reported that the most need. showed that the graduates had ex- panded employment opportunities, in- single parent/displaced homemaker Ms. WOOLSEY. Mr. Chairman, I program funded through the Florida creased salaries, and reduced depend- move to strike the requisite number of program is one of the most successful ency on public assistance. words. training programs. Most of the 1,300 In 1992, less than 7 percent of all (Ms. WOOLSEY asked and was given single parent/displaced homemaker working women were employed in non- permission to revise and extend her re- program participants and program co- traditional occupations. Yet those marks.) ordinators follow the Florida model. Ms. WOOLSEY. Mr. Chairman, as- women earned 20 to 30 percent more In Oregon, during the same year, the suming over 50 percent of the 75 per- than women in more traditional jobs if long-term success rate of these single cent of individuals not going to college they were in the nontraditional occu- and displaced homemaker programs are women, if we really want to reduce pations. was remarkably high. The employment the number of families on welfare, we The Morella-Woolsey-Sanchez- rate soared from 28 percent to 71 per- should thank our colleague, the gentle- Millender-McDonald sex equity amend- cent, and the median wage rate in- woman from Hawaii [Mrs. MINK] for of- ment is good welfare prevention and creased from $6 per hour to $7.45 per fering this amendment. good welfare reform, and I urge all of hour. In addition, Mr. Chairman, the I am personally very proud to sup- my colleagues to vote for it. dependence on AFDC of the program port girls and women in vocational Ms. MILLENDER-McDONALD. Mr. participants fell from 29 percent to 15 education, and I am proud of the co- Chairman, I move to strike the req- percent. authorship of this amendment with my uisite number of words. Studies all over the country, from colleague from Hawaii, and the gentle- (Ms. MILLENDER-McDONALD asked Arizona to Georgia, demonstrate the woman from Maryland [Mrs. MORELLA] and was given permission to revise and vast improvement in increased salaries and the gentlewoman from California extend her remarks.) for women participants, a higher rate [Ms. SANCHEZ] and the gentlewoman Ms. MILLENDER-McDONALD. Mr. of employment of women in nontradi- from California [Ms. MILLENDER- Chairman, as a former director of gen- tional jobs, and more women living MCDONALD]. der equity programs for the Los Ange- independently from welfare assistance. Clearly, this amendment proves that les Unified School District, I would And these numbers do not even men- the real welfare reform for families, like to correct something that the pre- tion the vast ways in which the voca- those who are on welfare, will get off vious speaker spoke on with reference tional education has improved the self- the rolls if we take care of women and to women, single parents, displaced esteem of these women and enhanced their children. This amendment pre- homemakers, teen pregnancy pro- the lives of their families. vents families not only from being on grams. The single and displaced homemaker welfare and helping them get off of As the director of those programs, I programs are exceeding the goals they welfare, it prevents them from going know from the absolute experience were designed to meet. This is not the on welfare in the first place. that we provided the majority of the time for us to close down these pro- The Mink amendment is real welfare money to those programs to help the grams. If anything, we should be ex- reform. It does that because it pre- women, the young women who were panding these programs to ensure that H5436 CONGRESSIONAL RECORD — HOUSE July 17, 1997 we reach even more women in need of wired for the Internet. We have a whole cause there is a mind-set that starts a quality education program, espe- category of people out there that this with vocational education and career cially in light of the welfare reform bill bill really did not take into full consid- guidance in the schools that we have to that was passed by the majority in this eration. break. House. I appreciate the fact that the sub- The Mink amendment breaks that But that is not what this amendment committee chairman did incorporate mind-set. The Mink amendment wants does. The Mink-Morella-Sanchez-Wool- language that would recognize the fact to continue what we started before to sey-Millender-McDonald amendment that we have a telecommunications break that mind-set. We want the tra- requires that local recipients of voca- and technology revolution underway. ditionalists to understand that the tional education funds spend at least as We should be doing more to recognize Federal Government is not taking a much as they spent in fiscal year 1997 that in this legislation. It really did back seat. We see things from the na- on programs for displaced home- not do that. tional and international level that makers, single parents, single pregnant And certainly in opposing this bill, local people do not see. They deserve to women and programs which promote which seeks to keep open a new chan- have our vision projected. The man- gender equity. nel that has been opened already, to dates are really often ways to open up We need this amendment to ensure allow us to take full advantage of the their minds to see new vistas. that the doors to education and em- great pool of people out there who are We see a global economy. We see the ployment opportunities remain open being ignored for these various techni- great need. We know that there 80,000 for single and displaced women. This cian and mechanical applications of jobs out there already not being filled, related in some way to computers and amendment will maintain the gender high technology that are being opened, telecommunication and technology. We equity coordinator position and con- and we are going to ignore it if we do should provide more leadership by tinue to create opportunities for not do that. maintaining what we have already. Let women that they should have. I urge We do not have much monitoring of us vote positive for the Mink amend- anything in education anymore. If my all of my colleagues to support this ment. amendment. colleagues have been out there, they Ms. CARSON. Mr. Chairman, I move Mr. OWENS. Mr. Chairman, I move know that nothing is being monitored to strike the requisite number of to strike the requisite number of and enforced. If my colleagues take a words. words. step backwards and do not keep this I will not take the whole 5 minutes (Mr. OWENS asked and was given provision in there, it will be a sign to because I do not want to be redundant. permission to revise and extend his re- the traditionalists and to the sexists to I simply want to recall an adage that is marks.) continue doing things the way they worth its weight in gold, and that is, Mr. OWENS. Mr. Chairman, in the were doing them before we had this Come and let us reason together. spirit of bipartisan cooperation, I provision put into law. So we need to We have had a lot of dialog in terms would like to urge the majority to keep going forward and understand of welfare reform. Yet, to oppose the withdraw its opposition to this amend- where we are in this revolution. amendment of the honorable gentle- ment. This is a very conservative I was visiting a Citibank processing woman from Hawaii [Mrs. MINK] would amendment seeking to hold onto the center several years ago, where they in fact eliminate a set-aside and pro- status quo. We are only asking that process their paperwork and bills and vide a setback for the most vulnerable you continue to do what we were doing so forth, a massive center of people and fragile segment of our society that before. doing high-technology computerized we seek to assist in the amendment of The chairman before talked about processing, and I noticed most of the the gentlewoman. the high-technology world that we are people in there were women. They I would simply say, very briefly, that into already and how it is critically pointed out the fact that women, par- we need to envision welfare reform as necessary that we be able to train peo- ticularly those who did not have col- providing an opportunity for people to ple for this high-technology world. lege educations, who are intelligent become self-sufficient by providing Here is a whole pool of people out there but do not have a college education, them an apparatus to develop the right who can qualify, that we are ignoring were the best employees for that kind kind of vocational education and skills in the traditional approach to voca- of repetitive job which required a high to enable them to move out into the tional education, and too many people degree of focus and accuracy. They did world of work. at the State and local level are still not want college-educated women be- This is not a spendthrift kind of trapped in the traditional approach. cause they got bored, their minds wan- amendment. It is an investment in the They will not look at the pool of fe- dered. most fragile infrastructure of our soci- males who are available for some of There is a certainly category, the ety. I would encourage unanimous sup- these areas. kind of people we are talking about port of the Mink amendment. It has been mentioned that we ought here, who could fill those jobs if they Mr. Chairman, I yield to the gentle- woman from the Virgin Islands [Ms. to open up blue collar jobs to women, were given the opportunity, but if we and that is good and well, but we do CHRISTIAN-GREEN]. do not open up the vista, if we do not (Ms. CHRISTIAN-GREEN asked and not need to go that far. We have a mas- have the people in charge of vocational was given permission to revise and ex- sive number of jobs being opened every and technical education. tend her remarks.) day in the world of the Internet and I want to emphasize that vocational Ms. CHRISTIAN-GREEN. Mr. Chair- the world of computer repair and com- education does not mean what it used man, I thank the gentlewoman from puter maintenance, technicians, me- to mean. We are not talking about Indiana [Ms. CARSON] for yielding. chanics. We have a revolution going on automobile mechanics, we are not Mr. Speaker, I rise in support of the in our school system that we are not talking about plasterers, we are not amendment offered by my colleague, fully aware of, that will require large talking about various kinds of people the gentlewoman from Hawaii [Mrs. numbers of new kinds of personnel. only. We are talking about the full MINK]. I want to commend and associ- I have an article that was in the New range of jobs that are opening up in our ate myself with her remarks and those York Times today about teachers being society, which is a high-technology so- of the other sponsors of the amend- trained, we need to spend more money ciety which requires people who are ment, my esteemed colleagues, the to train teachers, and another article good technicians, good mechanics, and gentlewoman from Maryland [Mrs. about training teachers how to make they have good pay in these areas also. MORELLA], the gentlewoman from Cali- use of educational technology, comput- My son is employed in the computer fornia [Ms. WOOLSEY], the gentle- ers, and telecommunications apparatus area, and the industry is training peo- woman from California [Ms. that may be available in the future. We ple at improvising all along to meet its MILLENDER-MCDONALD], and others have a $2.2 billion universal fund that needs. The jobs pay very well, and who have spoken for this amendment. is going to allow for discounts to go to women can do those jobs as well as The amendment offered by my col- schools so that more schools can get men. But even in this new area, most leagues is needed to preserve the im- telecommunications services and be of the people that are there are men be- portant existing programs which serve July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5437 the needs of girls and women in our vo- Mr. KIND. Mr. Chairman, I move to the needs of a disadvantaged popu- cational system. It seeks to retain a strike the requisite number of words. lation. We must retain a minimum minimum level of support for programs (Mr. KIND asked and was given per- level of support for programs for girls for girls and women in this system, to mission to revise and extend his re- and women in vocational education. I retain an equity coordinator, and to marks.) think this amendment goes a long way eliminate sex bias in vocational edu- Mr. KIND. Mr. Chairman, I rise in at addressing this need. cation as well as in access to programs strong support of this amendment as That is why I strongly urge my col- and training which would eventually well as the legislation overall. I feel leagues here today to give welfare re- lead to better-paying jobs for women. that although it is not a perfect piece form a chance and to support the Mink-Morella-Sanchez-Woolsey amend- b 1230 of legislation, we can move this on to conference. The Senate has some dif- ment. Some have argued that this kind of ferent provisions in it, but as a new Mrs. TAUSCHER. Mr. Chairman, will investment is already covered in the member of the Committee on Edu- the gentleman yield? bill. But, Mr. Chairman, it has been cation and the Workforce, I am proud Mr. KIND. I yield to the gentle- demonstrated that wherever these pro- to see the cooperation and bipartisan woman from California. grams were not specifically federally effort that went into crafting this deal, (Mrs. TAUSCHER asked and was mandated, they were dropped. even though there were a lot of 11th- given permission to revise and extend At no prior time in this country’s hour maneuverings which got us to her remarks.) history has it been more important for this point. Mrs. TAUSCHER. I thank the gen- us to make sure that our women, who I want to commend the gentleman tleman for yielding. make up the vast majority of single Mr. Chairman, I rise today in support from California [Mr. RIGGS] and the households, are still locked out of the of this important amendment that gentleman from California [Mr. MAR- vast majority of jobs, have been locked maintains current funding levels for TINEZ] for the hard work they put into programs that benefit girls and women into lower salaries and who have been it, as well as the leadership of the gen- given no other choice but to turn to and promote gender equity in our voca- tleman from Pennsylvania [Mr. GOOD- AFDC, now TANF, to enable them to tional education system. These vital LING] and the gentleman from Missouri raise their children, be given every op- programs train women for higher wage [Mr. CLAY] on this legislation, but I do portunity to learn a nontraditional jobs so they can become self-sufficient feel that there is still some more work trade, to develop a better-paying skill and stay off welfare. They also promote that needs to be done and improved in and thus move into the job market high-skill, high-technology training in this piece of legislation. nontraditional fields for girls and with hope for a better future not only We have heard a couple of comments for themselves but for their children. women. These programs address the today about the substate formula and I urge my colleagues, Mr. Chairman, special needs of vocational training for the minimum local grants and the ef- to support the education of our young displaced homemakers, single moms fect that is going to have on a lot of women, to support job opportunities and single pregnant women. for single parents and for mothers to needy students. I feel that the change As the mother of a 6-year-old daugh- be, and to therefore restore hope for of the formula, especially in the final ter, I want her to have the same career these women and for their children. couple of years, will undermine the key opportunities that will be available to Mr. DAVIS of Illinois. Mr. Chairman, I rise Federal role in assisting the neediest my 6-year-old nephew. We must not today in support of the amendment offered by rural students in western Wisconsin, forget our daughters, nieces, and Mrs. MINK of Hawaii. This is a good amend- the district that I represent. I think granddaughters and the legacy we pass ment. This amendment is fundamentally about this formula change sends a bad mes- on to them. equal rights and equal access. Simply put, this sage to them. But also the formula This amendment makes sense and amendment ensures that displaced home- change, combined with reducing the these programs deserve our support. makers, single mothers, pregnant women, and minimum grant from $15,000 to $10,000, Please vote to maintain the funding for others traditionally underserved by vocational would dilute the effectiveness of Fed- these important programs which offer education will have access to vocational edu- eral funds. Again, this provision could a way up the ladder for women deter- cation and job training. endanger many of the consortia in my mined to improve their lives and that Vocational education has become a corner- district in western Wisconsin where we give our young girls the chance to feel stone of our democracy. Vocational education have an effective system that allows the thrill of professional achievement provides millions of American citizens with the local school districts to pool their vo- and personal success. opportunity to become independent. Voca- cational education funds. Ms. KILPATRICK. Mr. Chairman, I tional education provides individuals with real I am also concerned that the legisla- move to strike the requisite number of skills so that they can succeed in today's tion severely cuts the funding for words. workplace. In fact, thousands of women in my State-level activities. Vocational edu- Mr. Chairman, I support all the pre- district have benefited from these vocational cation institutions in western Wiscon- vious speakers and all that they have programs. For example, the Chicago Women sin rely on State agencies to maintain said as it relates to this fine piece of In Trade's [CWIT] Organization located in my a detailed performance of accountabil- legislation. I want to first commend district is now in its 10th year and is supported ity and to supply them with analyzed the gentleman from Pennsylvania [Mr. by sex-equity funds. CWIT has been success- statewide information on student suc- GOODLING], the chairman, as well as ful in training over 450 women, many single cess and program performance for their the gentleman from Missouri [Mr. parents, and helping them move from low-in- local planning. Performing these tasks CLAY], our ranking member, for all come jobs to high wage careers. at the system level is the most effec- their hard work over the years to work These vocational programs for women have tive way to assist the local improve- on and retain the Perkins Act which been funded since 1984, and have been very ment. has helped several million women successful. These programs have helped But I find the elimination of the spe- across this country. women find real jobs. When women find cial job training and just to hold harm- I am a former teacher in the public meaningful jobs that is good for America. It less on already existing gender equity school system in the Detroit public helps to lower the welfare roles, and enables programs to be the most disturbing as- schools. I taught business classes and women and families to escape domestic vio- pect of this legislation here today. The vocational classes. I saw the peak as lence. More importantly, it empowers women barriers that continue for women in young women and men gained the skill and gives them real independence. those nontraditional fields remain a necessary to compete in America’s job I urge my colleagues not to go backward, to troubling national problem. This will market. I know the importance of vo- draconian methods of denying women the op- only be compounded now with the full cational education and the skills that portunity to vocational opportunities. Rather implementation of welfare reform it requires and offers to young people let's move forward and restore gender equity across the country. By reducing sup- to move and matriculate as they be- to vocational programs. port for women seeking to gain access come parents. Let's support this amendment as it is good to high-skilled training for high-wage Most of my colleagues know that this for America. careers, this bill once again overlooks is the 25th year of title 9. Title 9 was H5438 CONGRESSIONAL RECORD — HOUSE July 17, 1997 instituted in 1972 and this year we cele- women, and if there is not special out- In Oregon, for example, these pro- brate the 25th anniversary of title 9. In reach, then for many of them it simply grams increased the employment rates title 9’s experience, millions of women will not happen. for participants from 28 to 71 percent, and men, particularly women, have We will not need the sanctions if we increased hourly earnings by an aver- shared across this country in higher get the outreach. We will not get the age of $1.45, and reduced AFDC depend- education experiences as a result of the outreach without this amendment. In ency from 29 to 15 percent. title 9 experiences, and many of them many ways I regard this amendment as The study documented similar in- in their vocational education training. akin to a nondiscrimination provision. creases in earnings and placements in As has been already said, vocational Where we have had the breakthroughs nontraditional jobs and reductions in education has increased employment for women is in professional jobs like welfare rates in other States as well. opportunities. Vocational education law and medicine and accounting and Clearly, the need to ensure equal ac- has also increased wage earning for business. In jobs where women can cess to training programs is even more millions of Americans. It has reduced make as much or more money as a important today than it was when the AFDC caseloads across America and welder or machinist is where we need gender equity provisions were origi- has had millions of dollars in savings. to put our attention and where we need nally enacted by Congress. This is not a time to cut back. We to do the most outreach. For example, the passage of last must mandate States that they con- The call on vocational training funds year’s welfare reform legislation places tinue in their support of vocational will be enormous. These funds are severe restrictions on the ability of education training. going to go to the most enlightened poor women and their children to con- I come from the State of Michigan. I and the most educated. Those are not tinue to receive welfare. served in that legislature for several the women covered by this amendment. Since the majority of women on wel- years. I served on the education com- The remedy for poverty, Mr. Chair- fare are women with children, it is im- mittee there and know of the commit- man, is very simple. It is a job. But it perative to provide them real opportu- ment after the enactment of the voca- is not every job. As those seeking to nities to earn higher wages in highly tional education ruling, after the Per- get off welfare now understand, it is skilled jobs to support themselves and not most jobs for which most of the kins Act mandated the 10 percent, that their children. most vulnerable women have the train- many children were able, through the The failure to continue to protect vo- ing. I approach this in many ways as a mandate from the Federal Govern- cational training could severely limit nondiscrimination provision. Govern- ment, to participate in vocational edu- single parents, single pregnant women, ment money has been used to reinforce cation programs to prepare them for and displaced homemakers’ ability to existing job patterns. What we do with the world of work. find employment and will increase the this amendment is to use government I commend the gentlewoman from likelihood that they and their children money to get us out of those patterns. Hawaii [Mrs. MINK] and the other spon- will remain in poverty or become Remember, this amendment ought to sors for bringing this amendment for- homeless. be seen as the counterpart to the hor- ward. We have got to keep the commit- We simply must not abandon the rendous budget cuts that these women ment to the States. The 10 percent is Federal commitment to gender equity themselves have received, 97 percent of just a minuscule amount. I wish we the people on AFDC are women and in vocational education by eliminating could increase that amount, but to children. They have $53 billion in cuts; minimum guarantees of funding for eliminate it totally is unfortunate. 85 percent of the people on Medicaid gender equity programs. This amendment asks that we retain are women and children. They have $72 The gender equity provisions of the the level of funding for 1997 and be- billion in cuts. And it goes on and on Mink amendment strike a reasonable yond, that that level of funding not de- that way. compromise between set-aside pro- crease. The way to make sure that these cuts grams and assurances that States will Mr. Chairman, I hope we support the do not harm these single mothers, continue to allocate resources to gen- Mink amendment. these displaced homemakers, and these der equity programs. Ms. NORTON. Mr. Chairman, will the single pregnant women is to give them b 1245 gentlewoman yield? the best opportunities for jobs. For I urge my colleagues to support the Ms. KILPATRICK. I yield to the gen- them, the best opportunities are in vo- Mink-Morella-Sanchez-Woolsey amend- tlewoman from the District of Colum- cational training. If we take away this ment. bia. opportunity after so many years of bi- Mrs. LOWEY. Mr. Chairman, I move Ms. NORTON. I thank the gentle- partisan support, we undermine what to strike the requisite number of woman for yielding. I rise in strong we have been trying to do. support of the Mink amendment. Ms. ROYBAL-ALLARD. Mr. Chair- words. Mr. Chairman, this is no time to turn man, I move to strike the requisite Mr. Chairman, I rise in strong sup- tail and run after 13 years of bipartisan number of words. port of the Mink amendment to ensure support for special attention to the Mr. Chairman, I rise in strong sup- that States continue to operate voca- most vulnerable women in America on port of the Mink-Morella-Sanchez- tional educational programs for women vocational education opportunities. Woolsey amendment to the vocational and girls. That is not only because we are in the education reauthorization bill. Last year we passed a welfare reform throes now finally of welfare reform, These gender equity programs have law designed to help individuals be- but because vocational training is been highly successful throughout the come self-sufficient. Many of those where women have been most short- Nation and have dramatically in- struggling to get off welfare are single changed and where there has been the creased the number of women who par- parents and displaced homemakers. most discrimination. ticipate in vocational education pro- Unfortunately, traditional vocational Vocational training has been a major grams. training programs do not focus on the element in discrimination against We have studies that indicate that unique obstacles faced by women try- women in the workplace. It is only fair women who participate in these pro- ing to raise a family. If we truly value to specially target some of our funds grams are able to increase their earn- families, we must value those programs toward these most vulnerable of ing capacity in nontraditional occupa- that allow parents to provide for those women, displaced homemakers, single tional fields and successfully eliminate families. parents, single pregnant women. These their cyclical dependency on public as- The Mink amendment will preserve are the women most in need. These are sistance. important programs that help assure the women most likely to be trapped A recent GAO study of employment equitable education and employment into discriminatory job opportunities. training programs found that the 1,300 opportunities for women and girls. The These are the women most likely to be displaced homemaker and single-par- Perkins programs for displaced home- overlooked. ent programs in operation throughout makers, single parents, and sex equity This amendment assures that there the Nation are among the most suc- have been very successful. For more will be special outreach to these cessful programs of this type. than a decade these programs have July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5439 helped women move into careers that job training bill we made it much easi- And Mr. Cole’s statement is very con- provide higher wages, better benefits, er to use the money for this popu- sistent with the report that was done and the possibility of advancement. lation, and in this bill we outline it not by the Department of Education, Office Not surprisingly, women in nontradi- once, but four times, that this is a pop- of Educational Research and Improve- tional occupations earn 20 to 30 percent ulation that needs to be served. ment, entitled ‘‘National Assessment more than those in traditionally fe- In many States, and I know in Penn- of Vocational Education Final Report male occupations. We must protect and sylvania we have a very strong dis- to Congress,’’ and I quote from that re- support programs that help women placed homemaker program, voca- port. move into these higher paying jobs. tional schools often have expanded ‘‘There are two major risks in broad- That is how we end welfare dependency their programs to utilize those State brush efforts to include more and more and increase family incomes. dollars because the need was there. I special population students in voca- I am concerned, Mr. Chairman, that think we are assuming here at the Fed- tional education. The first is that fac- under this bill programs would ignore eral level that local districts, that tors other than the students’ best in- the needs of women. My colleagues will States, are not aware of this problem. terest will become more prominent in recall that last month we celebrated Everything that is happening in Amer- placement decisions. For example, re- the 25th anniversary of title IX, which ica leads us to serving this population. cruiting special needs students in order prohibits gender discrimination in edu- If States are going to meet the targets to keep vocational enrollments up, and cation. We have made progress in pro- in the Federal bill, they must serve thus maintain staff positions, is a fa- moting gender equity in education this population or they will not. miliar practice, and it often com- since the title IX law was passed in So for us today to over and above the plements a desire in comprehensive 1972, but we have not put an end to dis- four-time limits in the bill to say that schools to get hard-to-educate students crimination entirely. We must not un- every school district must prove to the out of regular classes.’’ That is a prac- dermine the mission of title IX by State and to the Federal Government tice that is called in some areas of the eliminating the role played by gender that they spent no less money, that is country ‘‘dumping’’ or ‘‘tracking stu- equity coordinators in vocational edu- really more bureaucracy than if we had dents.’’ ‘‘In situations such as this cation. The Mink amendment will keep a set-aside. That means potentially some students will benefit from par- this important activity alive. 10,000 to 16,000 school districts will ticipation in vocational programs, but When we discussed these programs have to be evaluated, and, my col- others will not.’’ some time ago, I spoke about Kelly leagues, I do not believe that is nec- The report goes on to say, ‘‘The sec- Miles, a single mother of three from essary. If I thought it was necessary, I ond risk is that vocational programs, New York City who was on public as- would support the Mink amendment. especially those in area schools, will I think it is important that we follow sistance for many years. Through a increasingly become special needs pro- the lead of this bill of getting money to nontraditional employment training grams separated from the mainstream the classroom. All the incentives are in program for women, Kelly was able to of secondary education, an outcome op- place to serve this population, and this move off welfare and begin a career as posite to the integration of academic bill highlights it not once, but four and vocational curricula envisioned by an electrician. She is a wonderful ex- times. I ask for defeat of the Mink Perkins.’’ ample of what women can achieve amendment. It is not necessary. through these very important pro- Mr. RIGGS. Mr. Chairman, I move to So the other thing I want to point grams. strike the requisite number of words. out is I know that the gentlewoman The programs preserved by the Mink Mr. Chairman, I would like to have from California [Ms. MILLENDER- amendment help us reach thousands of the opportunity to, even though I know MCDONALD] who wants me to yield has Kelly Miles, women who want to be we are under the 5-minute rule, close some concerns as to whether or not we self-sufficient but need to develop the debate on this particular amendment. are building sufficient safeguards into tools to get there. I urge all of my col- First of all, let me just say that I the legislation to ensure that these leagues to support the Mink amend- worry that this debate has turned into special populations will continue to be ment. an exercise in political correctness, served. I want to go right to the bill be- Mr. PETERSON of Pennsylvania. Mr. and let me tell my colleagues why I say cause I suspect a number of people who Chairman, I move to strike the req- that. We did not hear from a single wit- have spoken on the other side of the uisite number of words. ness, nor to the best of my knowledge, aisle on the Mink, et al. amendment Mr. Chairman, I rise to ask the ques- did we receive any correspondence in have not actually looked at the bill. So tion do we need the Mink amendment support of maintaining any kind of set- I am going to read from it. to deal with displaced home workers, asides to serve special populations. ‘‘Each State application shall de- single parents, and single pregnant What the Mink amendment would do is scribe how the State will ensure that women? In my view, the answer is no. essentially replace a State mandate members of special populations meet In this bill it is not mentioned once, it with a local mandate. It would replace State benchmarks, and each State will is not mentioned twice, it is not men- a State set-aside with a local set-aside provide vocational technical education tioned three times. It is in there four and reduce the flexibility that we want programs that lead to high skill, high times. From the plan to the bench- to give local schools to provide voca- wage careers for members of special marks to all the goals, it is listed again tional-technical education programs. populations, displaced homemakers, and again as one of our top priorities. And that is very much in keeping with single parents, and single pregnant What happens when we have too a longstanding American tradition of women.’’ many Federal rules? Less money to the decentralized decisionmaking in public These are adequate assurances. classroom, more money for bureau- education. Now I was asked about accountabil- crats. Do we need more bureaucrats in In fact, as I mentioned, we did hear ity. Let us talk about accountability this issue? I do not think we do. from Paul Cole, one of our witnesses for just a moment. Under the account- In Pennsylvania I was chairman of and the vice president of the American ability section, ‘‘Each State that re- Health and Welfare for 10 years and Federation of Teachers. He testified in ceives funding under this bill shall an- served on that committee for 19 years support of eliminating set-asides before nually prepare and submit to the Sec- in both the House and the Senate. I was our Subcommittee on Early Childhood, retary of Education a report on how very much a part of Pennsylvania’s Youth and Families, and I quote from the State is performing on State historic welfare reform bill, which pre- Mr. Cole’s testimony. benchmarks that relate to vocational- ceded the Federal bill but paralleled it. ‘‘Federal legislation should eliminate technical education programs.’’ Every incentive that is needed to set-asides at State and local levels. For In preparing the report, the report help this population is a part of welfare instance, funding formulas for special submitted by the State ‘‘shall in- reform because it is the majority of populations are harmful when they clude,’’ again the operative word, welfare recipients who are in this posi- provide an incentive for schools to re- ‘‘shall’’—a description of how special tion. Welfare to work money targets tain students in these categories be- populations, displaced homemakers, this population appropriately. In the cause the funding depends on it.’’ single parents, and single pregnant H5440 CONGRESSIONAL RECORD — HOUSE July 17, 1997 women participate in vocational tech- women are targeted in terms of what for programs that benefit girls and women. nical education programs and, again, the kinds of jobs that they are going to This is essential to help secure a future for have met the vocational-technical edu- be able to pursue is that not only is the millions of female citizens. cation benchmarks established by the pay gap currently that 6 out of 10 Young adults need vocational education and State.’’ This is mandatory, not permis- women are employed in the traditional job training because this will provide them the sive or optional. female roles. One reason for the pay skills needed to succeed in today's workplace. And what happens if the State fails gap that currently exists is that 6 out We must provide women with these opportuni- to meet those benchmarks? Very clear- of 10 women are employed in the tradi- ties because only then will we contribute to ly, right here, colleagues, in the bill, tional female fields of service, tech- lowering the number of women receiving wel- ‘‘If a State fails to meet the State nical jobs, sales and administrative fare assistance, enabling them to become self- benchmarks, the Secretary of Edu- support. sufficient and independent. Struggling home- cation may withhold from the State all b 1300 makers, single mothers, and teenage women or a portion of the State’s allotment will have an opportunity to live productively under this Act.’’ In contrast, two-thirds of the men and comfortably by having the chance to be- We have taken real concrete steps to worked as managers, operators, profes- come educated in employment areas where address Members’ concerns in this leg- sionals, and craft workers. All we are there is high demand for skilled workers. islation. I submit to Members that the trying to do in this legislation, and I Vocational education and job training are di- language in the bill now negates the think the gentlewoman from Hawaii rectly linked to the reduction of welfare. If we need for the Mink amendment. I im- [Mrs. MINK] deserves a great deal of want women to get off welfare, we need to plore my colleagues, do not replace a credit, is to try to maintain the fact provide meaningful job programs to train them. State mandate with a local mandate, that we want to ensure that there is in The participation in these programs results in do not replace a State set-aside with a fact a small set-aside to eliminate the higher wages and an increased number of local set-aside. Support the legislation kind of gender gap that has existed in work hours for women. I am asking you to as it is presently drafted. Vote ‘‘no’’ on our system, and do everything we can support programs that train women for non- the Mink amendment. Just say no to to make certain that that gap is elimi- traditional jobsÐlike masons, computer pro- more mandates for local schools. nated on the fastest possible basis. grammers, and plumbers. Mr. KENNEDY of Massachusetts. Mr. Mr. Chairman, I know we are running Displaced homemakers and single parent Chairman, I move to strike the req- out of time. programs are crucial to the well-being of the uisite number of words. Mrs. MALONEY of New York. Mr. Mr. Chairman, I listened with inter- disadvantaged. It is crucial that we provide Chairman, will the gentleman yield? funding for these programs. Displaced home- est to the logic from the gentleman Mr. KENNEDY of Massachusetts. I from California, and I wondered wheth- makers and single parent programs specialize yield to the gentlewoman from New in individually targeted pre-employment train- er or not if we follow that logic York. through if the idea would be that if we ing and counseling services. Women will ben- Mrs. MALONEY of New York. Mr. efit from life skills development, career explo- built more prisons somehow we would Chairman, I thank the gentleman for end up with more crime. The truth of ration, job training and placement, and support yielding. services. the matter is that simply because we Mr. Chairman, I rise really in support try to solve a problem by fixing it, by In my State of Texas, 52 percent of dis- of the Mink amendment. My office placed women rated the displaced homemaker assisting in the solution of the issue, keeps a scorecard on the legislative at- by having people work in various or single parent program as much better than tempts to take programs and benefits any other government program in which they school systems and the like to solve a away from women. Unfortunately, we problem of gender inequity does not have participated. Texas needs financial sup- are chalking up another attack today. port of these programs. These programs help mean that the inequity is going to be It is not as if we are asking for new perpetuated; it means that we are try- all women: funding. All we want is continued fund- ing to solve it. There are 1.2 million displaced homemakers ing at this year’s level, and the con- I mean, the fact of the matter is that in Texas: 47 percent of displaced home- when young people in my district and tinuation of programs that work. Dis- makers are under 50 years old; and 39 per- across the country ask me what the placed homemakers, single parents, cent of displaced homemakers are African- great issues of the day that I believe pregnant women, and some girls in vo- American, Asian, and Hispanic. are out there, I say, ‘‘Listen, you look cational schools are all populations at There are 561,342 single mothers in Texas: at the people sitting in this room in a risk. Why shut them out? Why, at the 61 percent of Texan single mothers are be- particular high school, look at the same time we are trying to get women tween the ages of 25±44; 47 percent of single young women in this high school.’’ The off welfare rolls, are we eliminating mothers are African-American and Hispanic; fact is that if they go out and get the the very programs that will help them and 53 percent are nonminority. same job, work in the same number of get off welfare rolls? I urge all of you to support this amendment: hours as a young man doing the same In Oregon a recent study documented you will be building the foundation for dis- kind of activity, they are going to get its long-term success in increasing em- placed homemakers, single parents, and indi- paid 69 cents for every dollar that the ployment rates from 28 percent to 71 viduals training for nontraditional occupations. man gets, and the fact is that it is time percent. Wages increased; 14 percent of Mr. GOODLING. Mr. Chairman, I that we take into consideration the the women on welfare got off welfare. move that the Committee do now rise. kind of gender prejudice that exists in There is so much to fix, Mr. Chairman, The motion was agreed to. America. that is broken. Let us not try to fix Accordingly the Committee rose; and Mr. Chairman, that is all that we what is not broken. Let us continue the Speaker pro tempore (Mr. KLUG) have done in the Congress in the past. funding for this program. having assumed the chair, Mr. EWING, That is what we are asking that this Ms. EDDIE BERNICE JOHNSON of Chairman of the Committee of the bill, and I think the Mink amendment, Texas. Mr. Chairman, will the gen- Whole House on the State of the Union, which is supported on a bipartisan tleman yield? reported that that Committee, having basis by the gentlewoman from Mary- Mr. KENNEDY of Massachusetts. I had under consideration the bill (H.R. land [Mrs. MORELLA] and the gentle- yield to the gentlewoman from Texas. 1853) to amend the Carl D. Perkins Vo- woman from California [Ms. SANCHEZ] (Ms. EDDIE BERNICE JOHNSON of cational and Applied Technology Edu- and the gentlewoman from California Texas asked and was given permission cation Act, had come to no resolution [Ms. WOOLSEY] and the like, that recog- to revise and extend her remarks.) thereon. nizes what we want to maintain is the Ms. EDDIE BERNICE JOHNSON of f effort that has been recognized by the Texas. Mr. Chairman, I rise in support Congress of the United States to end of the Mink amendment. GENERAL LEAVE the kind of gender prejudice that exists Mr. Chairman, I rise today to voice my Mr. SKEEN. Mr. Speaker, I ask unan- throughout our country. strong support to Congresswoman MINK's imous consent that all Members may The fact is that anyone who has amendment. I urge my colleagues to support have 5 legislative days within which to looked at where jobs are and young this amendment asking for financial support revise and extend their remarks on the July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5441 further consideration of H.R. 2160, and Jenkins Neal Sessions Tauscher Velazquez Wexler Johnson (CT) Nethercutt Shadegg Thurman Vento Weygand that I may include tabular and extra- Johnson, Sam Neumann Shaw Tierney Visclosky Woolsey neous material. Jones Ney Shays Torres Waters Wynn The SPEAKER pro tempore. Is there Kanjorski Northup Shimkus Towns Watt (NC) Yates objection to the request of the gen- Kasich Norwood Shuster Turner Waxman Kelly Nussle Sisisky tleman from New Mexico? Kim Oberstar Skeen NOT VOTING—10 There was no objection. King (NY) Ortiz Skelton Boehlert Houghton Smith (TX) Kingston Oxley Smith (MI) Conyers Molinari Young (AK) f Klink Packard Smith (NJ) Forbes Roukema Klug Pappas Smith (OR) Gonzalez Schiff AGRICULTURE, RURAL DEVELOP- Knollenberg Parker Smith, Linda Kolbe Paul Snowbarger b 1329 MENT, FOOD AND DRUG ADMIN- LaFalce Paxon Solomon ISTRATION, AND RELATED LaHood Pease Souder Messrs. SKAGGS, HILLIARD, RUSH, AGENCIES APPROPRIATIONS Largent Peterson (PA) Spence ROTHMAN, OWENS, DICKS and Ms. Latham Petri Stearns JACKSON-LEE of Texas changed their ACT, 1998 Stenholm LaTourette Pickering vote from ‘‘yea’’ to ‘‘nay.’’ Mr. SKEEN. Mr. Chairman, I move Lazio Pickett Stump Sununu Mr. FRANK of Massachusetts and that the House resolve itself into the Leach Pitts Lewis (CA) Pombo Talent Mr. MOLLOHAN changed their vote Committee of the Whole House on the Lewis (KY) Porter Tauzin from ‘‘nay’’ to ‘‘yea.’’ Linder Portman Taylor (MS) State of the Union for the further con- So the motion was agreed to. sideration of the bill (H.R. 2160) mak- Lipinski Price (NC) Taylor (NC) Livingston Pryce (OH) Thomas The result of the vote was announced ing appropriations for Agriculture, LoBiondo Quinn Thompson as above recorded. Rural Development, the Food and Drug Lucas Radanovich Thornberry Administration, and Related Agencies Manzullo Rahall Thune MOTION TO RECONSIDER THE VOTE OFFERED BY Tiahrt MR. FRANK OF MASSACHUSETTS programs for the fiscal year ending Matsui Ramstad McCollum Redmond Traficant Mr. FRANK of Massachusetts. Mr. September 30, 1998, and for other pur- Upton McCrery Regula Speaker, I move to reconsider the vote. poses. McDade Riggs Walsh The SPEAKER pro tempore. The McHugh Riley Wamp MOTION TO TABLE OFFERED BY MR. KINGSTON McInnis Rogan Watkins Mr. KINGSTON. Mr. Speaker, I move question is on the motion offered by McIntosh Rogers Watts (OK) the gentleman from New Mexico [Mr. McIntyre Rohrabacher Weldon (FL) to lay the motion to reconsider on the SKEEN]. McKeon Ros-Lehtinen Weldon (PA) table. Metcalf Royce Weller The SPEAKER pro tempore (Mr. The question was taken; and the Mica Ryun White Speaker pro tempore announced that Miller (FL) Salmon Whitfield KLUG). The question is on the motion the ayes appeared to have it. Moakley Sanford Wicker offered by the gentleman from Georgia Ms. PELOSI. Mr. Speaker, I object to Mollohan Saxton Wise [Mr. KINGSTON] to lay on the table the Moran (KS) Scarborough Wolf motion to reconsider the vote offered the vote on the ground that a quorum Morella Schaefer, Dan Young (FL) is not present and make a point of Murtha Schaffer, Bob by the gentleman from Massachusetts order that a quorum is not present. Myrick Sensenbrenner (Mr. FRANK). The question was taken; and the The SPEAKER pro tempore. Evi- NAYS—165 dently a quorum is not present. Speaker pro tempore announced that Abercrombie Ford McNulty the ayes appeared to have it. The Sergeant at Arms will notify ab- Ackerman Frost Meehan sent Members. Allen Furse Meek RECORDED VOTE The vote was taken by electronic de- Andrews Gejdenson Menendez Mr. FRANK of Massachusetts. Mr. vice, and there were—yeas 259, nays Barcia Gordon Millender- Speaker, I demand a recorded vote. Barrett (WI) Green McDonald 165, not voting 10, as follows: Becerra Gutierrez Miller (CA) A recorded vote was ordered. [Roll No. 281] Bentsen Harman Minge The vote was taken by electronic de- Berman Hastings (FL) Mink vice, and there were—ayes 238, noes 188, YEAS—259 Berry Hefner Moran (VA) Aderholt Chenoweth Franks (NJ) Bishop Hilliard Nadler not voting 8, as follows: Archer Christensen Frelinghuysen Blagojevich Hinchey Obey [Roll No. 282] Armey Coble Gallegly Blumenauer Hinojosa Olver AYES—238 Bachus Coburn Ganske Bonior Hooley Owens Baesler Collins Gekas Boswell Hoyer Pallone Aderholt Chenoweth Frelinghuysen Baker Combest Gephardt Boyd Jackson (IL) Pascrell Archer Christensen Gallegly Baldacci Cook Gibbons Brown (CA) Jackson-Lee Pastor Armey Coble Ganske Ballenger Cooksey Gilchrest Brown (FL) (TX) Payne Bachus Coburn Gekas Barr Cox Gillmor Brown (OH) Jefferson Pelosi Baker Collins Gibbons Barrett (NE) Crane Gilman Capps John Peterson (MN) Ballenger Combest Gilchrest Bartlett Crapo Goode Carson Johnson (WI) Pomeroy Barr Cook Gillmor Barton Cubin Goodlatte Clay Johnson, E. B. Poshard Barrett (NE) Cooksey Gilman Bass Cunningham Goodling Clayton Kaptur Rangel Bartlett Cox Goode Bateman Danner Goss Clement Kennedy (MA) Reyes Barton Crane Goodlatte Bereuter Davis (FL) Graham Clyburn Kennedy (RI) Rivers Bass Crapo Goodling Bilbray Davis (VA) Granger Condit Kennelly Rodriguez Bateman Cubin Goss Bilirakis Deal Greenwood Costello Kildee Roemer Bereuter Cunningham Graham Bliley DeLay Gutknecht Coyne Kilpatrick Rothman Bilbray Davis (VA) Granger Blunt Dellums Hall (OH) Cramer Kind (WI) Roybal-Allard Bilirakis Deal Greenwood Boehner Diaz-Balart Hall (TX) Cummings Kleczka Rush Bliley DeLay Gutknecht Bonilla Dickey Hamilton Davis (IL) Kucinich Sabo Blunt Diaz-Balart Hamilton Bono Doolittle Hansen DeFazio Lampson Sanchez Boehlert Dickey Hansen Borski Doyle Hastert DeGette Lantos Sanders Boehner Doggett Hastings (WA) Boucher Dreier Hastings (WA) Delahunt Levin Sandlin Bonilla Doolittle Hayworth Brady Duncan Hayworth DeLauro Lewis (GA) Sawyer Bono Doyle Hefley Bryant Dunn Hefley Deutsch Lofgren Schumer Brady Dreier Herger Bunning Ehlers Herger Dicks Lowey Scott Bryant Duncan Hill Burr Ehrlich Hill Dingell Luther Serrano Bunning Dunn Hilleary Burton Emerson Hilleary Dixon Maloney (CT) Sherman Burr Ehlers Hobson Buyer Engel Hobson Doggett Maloney (NY) Skaggs Burton Ehrlich Hoekstra Callahan English Hoekstra Dooley Manton Slaughter Buyer Emerson Holden Calvert Ensign Holden Edwards Markey Smith, Adam Callahan English Horn Camp Evans Horn Eshoo Martinez Snyder Calvert Ensign Hostettler Campbell Everett Hostettler Etheridge Mascara Spratt Camp Everett Houghton Canady Ewing Hulshof Farr McCarthy (MO) Stabenow Campbell Ewing Hulshof Cannon Fawell Hunter Fattah McCarthy (NY) Stark Canady Fawell Hunter Cardin Foley Hutchinson Fazio McDermott Stokes Cannon Foley Hutchinson Castle Fowler Hyde Filner McGovern Strickland Castle Fowler Hyde Chabot Fox Inglis Flake McHale Stupak Chabot Fox Inglis Chambliss Frank (MA) Istook Foglietta McKinney Tanner Chambliss Franks (NJ) Istook H5442 CONGRESSIONAL RECORD — HOUSE July 17, 1997 Jenkins Nethercutt Sessions Skaggs Tanner Waters vious precedent as set by both the Re- Johnson (CT) Neumann Shadegg Slaughter Tauscher Watt (NC) Johnson, Sam Ney Shaw Smith, Adam Taylor (MS) Waxman publican leadership in the past and the Jones Northup Shays Snyder Thompson Wexler Democratic leadership before that. Kanjorski Norwood Shimkus Spratt Thurman Weygand Mr. HOYER. Mr. Chairman, if the Kasich Nussle Shuster Stabenow Tierney Wise gentleman would yield further, because Kelly Oxley Sisisky Stark Torres Woolsey Kim Packard Skeen Stenholm Turner Wynn I may not be as good a historian as he King (NY) Pappas Skelton Stokes Velazquez Yates is, could he give me some idea what Kingston Parker Smith (MI) Strickland Vento that precedent calls for? Klink Paul Smith (NJ) Stupak Visclosky Mr. SOLOMON. Reclaiming my time, Klug Paxon Smith (OR) Knollenberg Pease Smith (TX) NOT VOTING—8 we, first of all, are bound by a budget Kolbe Peterson (PA) Smith, Linda Forbes Petri Souder agreement with our President. We LaHood Pickering Snowbarger Furse Roukema Young (AK) could not have any amendments that Largent Pickett Solomon Hastert Schiff Latham Pitts Spence are going to increase the spending. LaTourette Pombo Stearns b 1350 That would probably be limited. Lazio Pomeroy Stump Mr. HOYER. If the gentleman would Mr. WAXMAN and Ms. SLAUGHTER Leach Porter Sununu yield further, so that we can cut spend- Lewis (CA) Portman Talent changed their vote from ‘‘aye’’ to ‘‘no.’’ ing? Lewis (KY) Price (NC) Tauzin Mrs. LINDA SMITH of Washington Linder Pryce (OH) Taylor (NC) Mr. SOLOMON. Reclaiming my time, Livingston Quinn Thomas changed her vote from ‘‘no’’ to ‘‘aye.’’ I would think so, sure. LoBiondo Radanovich Thornberry So the motion to table the motion to Mr. OBEY. Mr. Chairman, will the Lucas Rahall Thune reconsider the vote was agreed to. gentleman yield? Manzullo Ramstad Tiahrt The result of the vote was announced McCollum Redmond Towns Mr. SOLOMON. I yield to the gen- McCrery Regula Traficant as above recorded. tleman from Wisconsin. McDade Riggs Upton Mr. OBEY. Mr. Chairman, would the McHugh Riley Walsh b 1352 McInnis Rogan Wamp committee allow for any and all IN THE COMMITTEE OF THE WHOLE McIntosh Rogers Watkins amendments to cut spending without McIntyre Rohrabacher Watts (OK) Accordingly, the House resolved it- limitation to be made in order? McKeon Ros-Lehtinen Weldon (FL) self into the Committee of the Whole Mr. SOLOMON. Reclaiming my time, Metcalf Royce Weldon (PA) House on the State of the Union for the Mica Ryun Weller I do not know. But we would certainly Miller (FL) Salmon White further consideration of the bill, H.R. take that under consideration, along Molinari Sanford Whitfield 2160, with Mr. LAHOOD, (Chairman pro with the ranking minority members Mollohan Saxton Wicker tempore), in the chair. Moran (KS) Scarborough Wolf and other members of the Committee Morella Schaefer, Dan Young (FL) The Clerk read the title of the bill. on Rules. Murtha Schaffer, Bob The CHAIRMAN pro tempore. When As long as we have the attention of Myrick Sensenbrenner the Committee of the Whole rose on the membership, if I might, there have Wednesday, July 16, 1997, all time for NOES—188 been a couple procedural votes here general debate had expired. concerning the possibility of the rule Abercrombie Evans Manton (Mr. SOLOMON asked and was given Ackerman Farr Markey on the foreign operations appropriation Allen Fattah Martinez permission to speak out of order for 1 bill that will come on the floor next Andrews Fazio Mascara minute.) week. Baesler Filner Matsui AMENDMENT PROCESS FOR LEGISLATIVE BRANCH Baldacci Flake McCarthy (MO) During testimony before the Com- Barcia Foglietta McCarthy (NY) APPROPRIATION mittee on Rules, the gentlewoman Barrett (WI) Ford McDermott Mr. SOLOMON. Mr. Chairman, the from California [Ms. PELOSI], my very, Becerra Frank (MA) McGovern Committee on Rules is planning to very good friend, testified on behalf of Bentsen Frost McHale Berman Gejdenson McKinney meet next week to grant a rule which a pro-choice position that she would, Berry Gephardt McNulty may limit the amendments offered to and I went back and looked at the tes- Bishop Gonzalez Meehan the legislative branch appropriation timony, that she would ask us if we Blagojevich Gordon Meek bill. Members who wish to offer amend- Blumenauer Green Menendez would please make in order an alter- Bonior Gutierrez Millender- ments to the bill should submit 55 cop- native viewpoint to the Mexico City- Borski Hall (OH) McDonald ies of their amendment, together with Chris Smith amendment. Boswell Hall (TX) Miller (CA) a brief explanation, to the Committee And I always want to treat the gen- Boucher Harman Minge Boyd Hastings (FL) Mink on Rules in H–312 of the Capitol. tlewoman from California [Ms. PELOSI] Brown (CA) Hefner Moakley Amendments should be drafted to the very fairly, because she is a very close Brown (FL) Hilliard Moran (VA) bill as ordered reported by the Com- personal friend of mine. And we did, Brown (OH) Hinchey Nadler mittee on Appropriations. Copies of the Capps Hinojosa Neal after consultation with the pro-choice Cardin Hooley Oberstar text will be available for examination side of the issue, agree to make in Carson Hoyer Obey by Members and staff in the offices of order an amendment. And that is real- Clay Jackson (IL) Olver the Committee on Appropriations over ly what my good friend, the gentle- Clayton Jackson-Lee Ortiz Clement (TX) Owens here in H–218 of the Capitol. woman from California [Ms. PELOSI], Clyburn Jefferson Pallone Members should use the Office of asked for. Condit John Pascrell Legislative Counsel to ensure that I think now there is some kind of an Conyers Johnson (WI) Pastor their amendments are properly drafted. understanding, and we are sorry that Costello Johnson, E. B. Payne Coyne Kaptur Pelosi Mr. HOYER. Mr. Chairman, will the there is a misunderstanding. But we Cramer Kennedy (MA) Peterson (MN) gentleman yield? truly did try to be fair to both the pro- Cummings Kennedy (RI) Poshard Mr. SOLOMON. I yield to the gen- life position and the pro-choice posi- Danner Kennelly Rangel Davis (FL) Kildee Reyes tleman from Maryland. tion. So I really would just urge us to Davis (IL) Kilpatrick Rivers Mr. HOYER. Mr. Chairman, for the proceed on that because of the agree- DeFazio Kind (WI) Rodriguez purposes of those of us who may have ment that we had made previously. DeGette Kleczka Roemer amendments and want to discuss those Mr. OBEY. Mr. Chairman, will the Delahunt Kucinich Rothman DeLauro LaFalce Roybal-Allard amendments, could the gentleman gentleman yield? Dellums Lampson Rush from New York [Mr. SOLOMON], the Mr. SOLOMON. I yield to the gen- Deutsch Lantos Sabo chairman, give us some idea of the cri- tleman from Wisconsin. Dicks Levin Sanchez Dingell Lewis (GA) Sanders teria that the committee might use in Mr. OBEY. Mr. Chairman, I think, in Dixon Lipinski Sandlin limiting amendments? fairness to the chairman, it is impor- Dooley Lofgren Sawyer Mr. SOLOMON. Reclaiming my time, tant to point out that the reason that Edwards Lowey Schumer I would say to the gentleman from my colleague has had so many women Engel Luther Scott Eshoo Maloney (CT) Serrano Maryland (Mr. Hoyer), my good friend, objecting to proceeding under regular Etheridge Maloney (NY) Sherman that we would probably follow the pre- order today and the reason he has had July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5443 so many of us join them is because we tleman from Pennsylvania [Mr. GREEN- Mr. SOLOMON. Mr. Chairman, we do have seen what we regard as a routine WOOD], without the participation of the have to get up to the Committee on action on the part of the Committee on women, especially the Democratic Rules to deal with a very important Rules to systematically deny to rank- women in the House. bill in just a moment. I just want to ing minority members on committees, Now, first of all, it is all authorizing say that the gentlewoman from Cali- ranging from the Committee on Armed on an appropriations bill. The Smith fornia [Ms. PELOSI] has certainly ex- Services, to the Subcommittee on Ag- amendment is. But if you are going to plained her position and she is sincere riculture, to the Subcommittee on For- go down that route, then we thought it in it, but I would just have to read eign Operations, to the Subcommittee would be appropriate that there be an back her testimony. on the Interior. We have seen routinely alternative, and that is what I asked It says: requests of ranking minority members for in my testimony, a bipartisan alter- If, however, the Rules Committee chooses denied and then amendments put in native that we could present. to make legislative amendments in order, I order which do extensive rewrite of au- The gentleman from New York [Mr. would request that I would be allowed or thorizations. SOLOMON] knows full well and the Re- someone would be allowed to offer perfecting And, so, I think that the gentleman publican leadership knows full well amendments to the Smith amendment, in particular, again, if Mr. SMITH’s amendment from New York [Mr. SOLOMON] needs to that the alternative that they allowed imposes the Mexico City language. understand that the unhappiness ex- in this bill, the Republican alternative Mr. Chairman, I very sincerely took tends far beyond that one amendment. they allowed, failed on this floor a her testimony at heart. We were going We believe there must be an under- matter of weeks ago. to make in order an amendment. standing about how amendments are or The difference between what we Ms. PELOSI. Mr. Chairman, will the which amendments are made in order wanted to propose and what they al- gentleman yield for a question? when asked for by ranking members on lowed is that the amendment they al- The CHAIRMAN pro tempore. The all committees. And it is not just that lowed is a loser. It is a loser. And they time of the gentleman from New York one message which is causing the prob- know it. And that is why they could has expired. lem. not accommodate our fresher approach The Clerk will read. Mr. SOLOMON. Reclaiming my time, to a bipartisan amendment that we The Clerk read as follows: let me say to the gentleman from Wis- would present. consin [Mr. OBEY] that, other than the Be it enacted by the Senate and House of Rep- b 1400 situation with our good friend from resentatives of the United States of America in Congress assembled, That the following sums California [Mr. DELLUMS], I do not That is why the Democratic women of the House today are saying that we are appropriated, out of any money in the know of any other situation. Treasury not otherwise appropriated, for Ag- I would be glad to sit down and re- want to be heard on this subject. You riculture, Rural Development, Food and view those with the gentleman from cannot keep us from the table. One way Drug Administration, and Related Agencies Wisconsin [Mr. OBEY] and the chairman or another, we will get our point across programs for the fiscal year ending Septem- of the Committee on Appropriations. In that this is an important issue to us, ber 30, 1998, and for other purposes, namely: the meantime, I yield to the gentle- that we have taken the lead on it over Ms. SLAUGHTER. Mr. Chairman, I woman from California [Ms. PELOSI], and over again, and that we will be move that the Committee do now rise. and then we have to get on with regu- heard on this subject. The question was taken; and the lar business. With all due respect to my good Chairman pro tempore announced that Ms. PELOSI. Mr. Chairman, since the friend, who I do consider a distin- the noes appeared to have it. guished chairman of the Committee on distinguished gentleman from New RECORDED VOTE Rules, perhaps we had a misunder- York [Mr. SOLOMON], chair of the Com- Ms. SLAUGHTER. Mr. Chairman, I standing. But the misunderstanding mittee on Rules, referenced my name demand a recorded vote. springs from the fact that a bipartisan and what possibly occurred in the Com- A recorded vote was ordered. alternative is not one that is plotted mittee on Rules, I would like the privi- The vote was taken by electronic de- out in the backroom on the Republican lege of responding to him. vice, and there were—ayes 191, noes 233, First of all, our bill, the foreign oper- side without the participation of the not voting 10, as follows: ations bill, is one that we worked very Democrats, particularly the Demo- hard, under the leadership of the gen- cratic women. I am the ranking mem- [Roll No. 283] tleman from Alabama [Mr. CALLAHAN], ber of the Subcommittee on Foreign AYES—191 to produce a bipartisan product that Operations, Export Financing and Re- Abercrombie DeFazio Hilliard Ackerman DeGette Hinchey has reached so much agreement. We lated Programs. There are not many Allen Delahunt Hinojosa came through our full committee in women ranking members and I insist Andrews DeLauro Holden only 40 minutes of debate, which is on the respect the ranking member is Baesler Dellums Hooley probably record time, and we are pre- due. Baldacci Deutsch Hoyer Barcia Dicks Jackson (IL) pared to come to the floor with strong The CHAIRMAN pro tempore (Mr. Barrett (WI) Dingell Jackson-Lee bipartisanship. LAHOOD). The time of the gentleman Becerra Dixon (TX) The amendments made in order by from New York [Mr. SOLOMON] has ex- Bentsen Doggett Jefferson the Committee on Rules did violence to pired. Berry Dooley John Bishop Doyle Johnson (WI) that bipartisanship and makes this Does the gentleman ask unanimous Blagojevich Edwards Johnson, E. B. rule unacceptable. One of the issues in- consent for further time? Blumenauer Engel Kanjorski volved is the international family plan- Mr. SOLOMON. Yes, Mr. Chairman, Bonior Eshoo Kaptur Borski Etheridge Kennedy (MA) ning issues. But that is only one of the very briefly. Boswell Evans Kennedy (RI) complaints that we have about the bill. The CHAIRMAN pro tempore. The Boucher Farr Kennelly The Democratic women in the House gentleman is recognized. Boyd Fattah Kildee have provided great leadership on the Ms. SLAUGHTER. Mr. Chairman, Brown (FL) Fazio Kilpatrick Brown (OH) Filner Kind (WI) international family planning issue. will the gentleman please yield to me Capps Flake Kleczka And yet, when it was time for an alter- as a member of the Committee on Carson Foglietta Klink native to the Smith amendment, which Rules? Clay Ford Kucinich Clayton Frank (MA) LaFalce was made in order, and that is fair, The CHAIRMAN pro tempore. The Clement Frost Lampson when it was time for an alternative to gentleman from New York has the Clyburn Gejdenson Lantos be made in order, in a back-room deal time. Condit Gephardt Levin on the Republican side of the aisle, Ms. SLAUGHTER. Mr. Chairman, I Conyers Gonzalez Lewis (GA) Costello Green Lipinski with not one Democrat or Democratic was simply requesting that he yield to Coyne Hall (OH) Lofgren woman present, an alternative was me. Cummings Hall (TX) Lowey given to the gentleman from California The CHAIRMAN pro tempore. The Danner Harman Luther Davis (FL) Hastings (FL) Maloney (CT) [Mr. CAMPBELL], the gentleman from gentleman from New York has the Davis (IL) Hefner Maloney (NY) New York [Mr. GILMAN], and the gen- time. H5444 CONGRESSIONAL RECORD — HOUSE July 17, 1997 Manton Pallone Snyder Smith (OR) Tauzin Watkins ployment under 5 U.S.C. 3109, $4,283,000: Pro- Martinez Pascrell Spratt Smith (TX) Taylor (MS) Watts (OK) vided, That the Chief Financial Officer shall Mascara Pastor Stabenow Smith, Linda Taylor (NC) Weldon (FL) actively market cross-servicing activities of Stark Snowbarger Thomas Weldon (PA) Matsui Payne the National Finance Center. McCarthy (MO) Pelosi Stenholm Solomon Thornberry Weller McCarthy (NY) Peterson (MN) Stokes Souder Thune White OFFICE OF THE ASSISTANT SECRETARY FOR McDermott Pomeroy Strickland Spence Tiahrt Whitfield McGovern Poshard Stupak Stearns Traficant Wicker ADMINISTRATION McHale Price (NC) Tanner Stump Upton Wolf For necessary salaries and expenses of the McKinney Rangel Tauscher Sununu Walsh Young (FL) McNulty Reyes Thompson Talent Wamp Office of the Assistant Secretary for Admin- Meehan Rodriguez Thurman istration to carry out the programs funded Meek Roemer Tierney NOT VOTING—10 in this Act, $613,000. Menendez Rothman Torres Berman Kasich Schiff Millender- Roybal-Allard Towns Brown (CA) Markey Young (AK) AGRICULTURE BUILDINGS AND FACILITIES AND McDonald Rush Turner Forbes Ney RENTAL PAYMENTS Miller (CA) Sabo Velazquez Furse Oxley Minge Sanchez Vento (INCLUDING TRANSFERS OF FUNDS) Mink Sanders Visclosky b 1419 Moakley Sandlin Waters For payment of space rental and related Mollohan Sawyer Watt (NC) Mr. PETRI changed his vote from costs pursuant to Public Law 92–313, includ- Moran (VA) Schumer Waxman ‘‘aye’’ to ‘‘no.’’ ing authorities pursuant to the 1984 delega- Murtha Scott Wexler Mr. DICKS changed his vote from tion of authority from the Administrator of Nadler Serrano Weygand ‘‘no’’ to ‘‘aye.’’ General Services to the Department of Agri- Neal Sherman Wise culture under 40 U.S.C. 486, for programs and Oberstar Sisisky Woolsey So the motion was rejected. Obey Skaggs Wynn The result of the vote was announced activities of the Department which are in- Olver Skelton Yates as above recorded. cluded in this Act, and for the operation, Ortiz Slaughter The CHAIRMAN. The Clerk will read. maintenance, and repair of Agriculture Owens Smith, Adam buildings, $123,385,000: Provided, That in the The Clerk read as follows: event an agency within the Department NOES—233 TITLE I should require modification of space needs, Aderholt Fawell McCollum AGRICULTURAL PROGRAMS the Secretary of Agriculture may transfer a Archer Foley McCrery share of that agency’s appropriation made PRODUCTION, PROCESSING, AND MARKETING Armey Fowler McDade available by this Act to this appropriation, Bachus Fox McHugh OFFICE OF THE SECRETARY or may transfer a share of this appropriation Baker Franks (NJ) McInnis (INCLUDING TRANSFERS OF FUNDS) to that agency’s appropriation, but such Ballenger Frelinghuysen McIntosh transfers shall not exceed 5 percent of the Barr Gallegly McIntyre For necessary expenses of the Office of the Barrett (NE) Ganske McKeon Secretary of Agriculture, and not to exceed funds made available for space rental and re- Bartlett Gekas Metcalf $75,000 for employment under 5 U.S.C. 3109, lated costs to or from this account. In addi- Barton Gibbons Mica $2,836,000: Provided, That not to exceed $11,000 tion, for construction, repair, improvement, Bass Gilchrest Miller (FL) of this amount, along with any unobligated extension, alteration, and purchase of fixed Bateman Gillmor Molinari balances of representation funds in the For- equipment or facilities as necessary to carry Bereuter Gilman Moran (KS) eign Agricultural Service, shall be available out the programs of the Department, where Bilbray Goode Morella not otherwise provided, $15,000,000, to remain Bilirakis Goodlatte Myrick for official reception and representation ex- Bliley Goodling Nethercutt penses, not otherwise provided for, as deter- available until expended; and in addition, for Blunt Gordon Neumann mined by the Secretary. necessary relocation expenses of the Depart- Boehlert Goss Northup ment’s agencies, $2,700,000, to remain avail- EXECUTIVE OPERATIONS Boehner Graham Norwood able until expended; making a total appro- Bonilla Granger Nussle CHIEF ECONOMIST priation of $141,085,000. Bono Greenwood Packard For necessary expenses of the Chief Econo- Brady Gutierrez Pappas mist, including economic analysis, risk as- HAZARDOUS WASTE MANAGEMENT Bryant Gutknecht Parker sessment, cost-benefit analysis, and the Bunning Hamilton Paul (INCLUDING TRANSFERS OF FUNDS) Burr Hansen Paxon functions of the World Agricultural Outlook Burton Hastert Pease Board, as authorized by the Agricultural For necessary expenses of the Department Buyer Hastings (WA) Peterson (PA) Marketing Act of 1946 (7 U.S.C. 1622g), and in- of Agriculture, to comply with the require- Callahan Hayworth Petri cluding employment pursuant to the second ment of section 107(g) of the Comprehensive Calvert Hefley Pickering sentence of section 706(a) of the Organic Act Environmental Response, Compensation, and Camp Herger Pickett of 1944 (7 U.S.C. 2225), of which not to exceed Liability Act, as amended, 42 U.S.C. 9607(g), Campbell Hill Pitts Canady Hilleary Pombo $5,000 is for employment under 5 U.S.C. 3109, and section 6001 of the Resource Conserva- Cannon Hobson Porter $4,844,000. tion and Recovery Act, as amended, 42 U.S.C. Cardin Hoekstra Portman NATIONAL APPEALS DIVISION 6961, $20,000,000, to remain available until ex- Castle Horn Pryce (OH) pended: Provided, That appropriations and For necessary expenses of the National Ap- Chabot Hostettler Quinn funds available herein to the Department for peals Division, including employment pursu- Chambliss Houghton Radanovich Hazardous Waste Management may be trans- ant to the second sentence of section 706(a) Chenoweth Hulshof Rahall ferred to any agency of the Department for Christensen Hunter Ramstad of the Organic Act of 1944 (7 U.S.C. 2225), of its use in meeting all requirements pursuant Coble Hutchinson Redmond which not to exceed $25,000 is for employ- to the above Acts on Federal and non-Fed- Coburn Hyde Regula ment under 5 U.S.C. 3109, $11,718,000. Collins Inglis Riggs eral lands. Combest Istook Riley OFFICE OF BUDGET AND PROGRAM ANALYSIS Cook Jenkins Rivers For necessary expenses of the Office of DEPARTMENTAL ADMINISTRATION Cooksey Johnson (CT) Rogan Budget and Program Analysis, including em- (INCLUDING TRANSFERS OF FUNDS) Cox Johnson, Sam Rogers ployment pursuant to the second sentence of Cramer Jones Rohrabacher Crane Kelly Ros-Lehtinen section 706(a) of the Organic Act of 1944 (7 For Departmental Administration, Crapo Kim Roukema U.S.C. 2225), of which not to exceed $5,000 is $25,731,000, to provide for necessary expenses Cubin King (NY) Royce for employment under 5 U.S.C. 3109, for management support services to offices Cunningham Kingston Ryun $5,986,000. of the Department and for general adminis- Davis (VA) Klug Salmon OFFICE OF THE CHIEF INFORMATION OFFICER tration and disaster management of the De- Deal Knollenberg Sanford partment, repairs and alterations, and other For necessary expenses of the Office of the DeLay Kolbe Saxton miscellaneous supplies and expenses not oth- Diaz-Balart LaHood Scarborough Chief Information Officer, including employ- erwise provided for and necessary for the Dickey Largent Schaefer, Dan ment pursuant to the second sentence of sec- practical and efficient work of the Depart- Doolittle Latham Schaffer, Bob tion 706(a) of the Organic Act of 1944 (7 U.S.C. ment, including employment pursuant to the Dreier LaTourette Sensenbrenner 2225), of which not to exceed $10,000 is for em- Duncan Lazio Sessions second sentence of section 706(a) of the Or- ployment under 5 U.S.C. 3109, $4,773,000. Dunn Leach Shadegg ganic Act of 1944 (7 U.S.C. 2225), of which not Ehlers Lewis (CA) Shaw OFFICE OF THE CHIEF FINANCIAL OFFICER to exceed $10,000 is for employment under 5 Ehrlich Lewis (KY) Shays For necessary expenses of the Office of the U.S.C. 3109: Provided, That this appropriation Emerson Linder Shimkus English Livingston Shuster Chief Financial Officer, including employ- shall be reimbursed from applicable appro- Ensign LoBiondo Skeen ment pursuant to the second sentence of sec- priations in this Act for travel expenses inci- Everett Lucas Smith (MI) tion 706(a) of the Organic Act of 1944 (7 U.S.C. dent to the holding of hearings as required Ewing Manzullo Smith (NJ) 2225), of which not to exceed $10,000 is for em- by 5 U.S.C. 551–558. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5445

OFFICE OF THE ASSISTANT SECRETARY FOR 1621–1627) and other laws, $71,604,000: Pro- viso, relating to conveyance of the Pecan Ge- CONGRESSIONAL RELATIONS vided, That this appropriation shall be avail- netics and Improvement Research Labora- (INCLUDING TRANSFERS OF FUNDS) able for employment pursuant to the second tory’’. sentence of section 706(a) of the Organic Act For necessary salaries and expenses of the Mr. STENHOLM (during the reading). of 1944 (7 U.S.C. 2225). Office of the Assistant Secretary for Con- Mr. Chairman, I ask unanimous con- gressional Relations to carry out the pro- NATIONAL AGRICULTURAL STATISTICS SERVICE sent that the amendment may be con- grams funded in this Act, including pro- For necessary expenses of the National Ag- sidered as read and printed in the grams involving intergovernmental affairs ricultural Statistics Service in conducting statistical reporting and service work, in- RECORD. and liaison within the executive branch, The CHAIRMAN. Is there objection $3,668,000: Provided, That no other funds ap- cluding crop and livestock estimates, statis- propriated to the Department in this Act tical coordination and improvements, mar- to the request of the gentleman from shall be available to the Department for sup- keting surveys, and the Census of Agri- Texas? port of activities of congressional relations: culture notwithstanding 13 U.S.C. 142(a–b), There was no objection. Provided further, That not less than $2,241,000 as authorized by the Agricultural Marketing Mr. STENHOLM. Mr. Chairman, this shall be transferred to agencies funded in Act of 1946 (7 U.S.C. 1621–1627) and other amendment repeals a provision in Pub- this Act to maintain personnel at the agency laws, $118,361,000, of which up to $36,140,000 lic Law 104–37, the Fiscal Year 1996 Ag- level. shall be available until expended for the Cen- ricultural Rural Development and Food sus of Agriculture: Provided, That this appro- OFFICE OF COMMUNICATIONS priation shall be available for employment and Drug Administration and Related For necessary expenses to carry on serv- pursuant to the second sentence of section Agencies Appropriation Act, directing ices relating to the coordination of programs 706(a) of the Organic Act of 1944 (7 U.S.C. the conveyance of the Pecan Genetics involving public affairs, for the dissemina- 2225), and not to exceed $40,000 shall be avail- and Improvement Research Laboratory tion of agricultural information, and the co- able for employment under 5 U.S.C. 3109. in Brownwood, TX, from the Agricul- ordination of information, work, and pro- AGRICULTURAL RESEARCH SERVICE tural Research Service to Texas A&M grams authorized by Congress in the Depart- ment, $8,138,000, including employment pur- For necessary expenses to enable the Agri- University. suant to the second sentence of section 706(a) cultural Research Service to perform agri- Due to outstanding liability ques- of the Organic Act of 1944 (7 U.S.C. 2225), of cultural research and demonstration relating tions, the conveyance of the Brown- which not to exceed $10,000 shall be available to production, utilization, marketing, and wood Pecan Station cannot take place for employment under 5 U.S.C. 3109, and not distribution (not otherwise provided for); at this time. This amendment does not home economics or nutrition and consumer to exceed $2,000,000 may be used for farmers’ require any additional funds. I have bulletins. use including the acquisition, preservation, and dissemination of agricultural informa- consulted with both the ARS and Texas OFFICE OF THE INSPECTOR GENERAL tion; and for acquisition of lands by dona- A&M, and both are amenable to this (INCLUDING TRANSFERS OF FUNDS) tion, exchange, or purchase at a nominal amendment. I urge its adoption. For necessary expenses of the Office of the cost not to exceed $100, $725,059,000: Provided, Mr. SKEEN. Mr. Chairman, I rise in Inspector General, including employment That appropriations hereunder shall be support of the amendment offered by pursuant to the second sentence of section available for temporary employment pursu- the gentleman from Texas [Mr. STEN- ant to the second sentence of section 706(a) 706(a) of the Organic Act of 1944 (7 U.S.C. HOLM]. of the Organic Act of 1944 (7 U.S.C. 2225), and 2225), and the Inspector General Act of 1978, Mr. Chairman, we have read the as amended, $63,128,000, including such sums not to exceed $115,000 shall be available for as may be necessary for contracting and employment under 5 U.S.C. 3109: Provided fur- amendment, it has a lot of merit, and other arrangements with public agencies and ther, That appropriations hereunder shall be we accept it. private persons pursuant to section 6(a)(9) of available for the operation and maintenance Ms. KAPTUR. Mr. Chairman, I move the Inspector General Act of 1978, as amend- of aircraft and the purchase of not to exceed to strike the last word. ed, including a sum not to exceed $50,000 for one for replacement only: Provided further, Mr. Chairman, I wanted to say to the employment under 5 U.S.C. 3109; and includ- That appropriations hereunder shall be gentleman from Texas [Mr. STENHOLM] ing a sum not to exceed $95,000 for certain available pursuant to 7 U.S.C. 2250 for the that we have read his amendment and confidential operational expenses including construction, alteration, and repair of build- ings and improvements, but unless otherwise are agreeable on this side. I understand the payment of informants, to be expended that the gentleman has a particular under the direction of the Inspector General provided the cost of constructing any one pursuant to Public Law 95–452 and section building shall not exceed $250,000, except for problem in that the State cannot ac- 1337 of Public Law 97–98: Provided, That funds headhouses or greenhouses which shall each cept this facility because of cleanup re- transferred to the Office of the Inspector be limited to $1,000,000, and except for ten quirements and that the State of Texas General through forfeiture proceedings or buildings to be constructed or improved at a cannot, therefore, take this facility, from the Department of Justice Assets For- cost not to exceed $500,000 each, and the cost and it is going to revert back to the de- feiture Fund or the Department of the Treas- of altering any one building during the fiscal partment. ury Forfeiture Fund, as a participating agen- year shall not exceed 10 percent of the cur- One of my concerns when we first rent replacement value of the building or cy, as an equitable share from the forfeiture read the amendment was that there be of property in investigations in which the Of- $250,000, whichever is greater: Provided fur- fice of the Inspector General participates, or ther, That the limitations on alterations con- sufficient funding in the legislation for through the granting of a Petition for Re- tained in this Act shall not apply to mod- cleanup purposes which, as I under- mission or Mitigation, shall be deposited to ernization or replacement of existing facili- stand it, total around $3 million. the credit of this account for law enforce- ties at Beltsville, Maryland: Provided further, Will the gentleman confirm that for ment activities authorized under the Inspec- That the foregoing limitations shall not me, please? tor General Act of 1978, as amended, to re- apply to replacement of buildings needed to Mr. STENHOLM. Mr. Chairman, will main available until expended. carry out the Act of April 24, 1948 (21 U.S.C. the gentlewoman yield? 113a): Provided further, That funds may be re- OFFICE OF THE GENERAL COUNSEL ceived from any State, other political sub- Ms. KAPTUR. I yield to the gen- For necessary expenses of the Office of the division, organization, or individual for the tleman from Texas. General Counsel, $27,949,000. purpose of establishing or operating any re- Mr. STENHOLM. Mr. Chairman, the OFFICE OF THE UNDER SECRETARY FOR search facility or research project of the Ag- ARS has spent $100,000, roughly, study- RESEARCH, EDUCATION AND ECONOMICS ricultural Research Service, as authorized by ing the dump and has found it to be a For necessary salaries and expenses of the law. typical dump with a little methane gas Office of the Under Secretary for Research, AMENDMENT OFFERED BY MR. STENHOLM and other benign chemicals, and there- Education and Economics to administer the Mr. STENHOLM. Mr. Chairman, I fore to do what Federal regulations laws enacted by the Congress for the Eco- offer an amendment. would require the State of Texas, nomics Research Service, the National Agri- The Clerk read as follows: Texas A&M University would be very cultural Statistics Service, the Agricultural Amendment offered by Mr. STENHOLM: Research Service, and the Cooperative State remiss to spend $3 million cleaning up Page 11, line 16, insert before the period the Research, Education, and Extension Service, something that they consider would following: ‘‘: Provided further, That the item $540,000. not be necessary to meet any health under the heading ‘‘AGRICULTURAL RESEARCH reasons. ECONOMIC RESEARCH SERVICE SERVICE’’ in title I of the Agriculture, Rural For necessary expenses of the Economic Development, Food and Drug Administra- So the State of Texas cannot by law Research Service in conducting economic re- tion, and Related Agencies Appropriations accept a gift of land that contains a search and analysis, as authorized by the Ag- Act, 1996 (Public Law 104–37; 109 Stat. 304), is garbage dump. So this language strik- ricultural Marketing Act of 1946 (7 U.S.C. amended by striking the penultimate pro- ing the provision is required for ARS to H5446 CONGRESSIONAL RECORD — HOUSE July 17, 1997 reverse the existing statutory language [Roll No. 284] Hastert McIntosh Sanford Hastings (WA) McIntyre Saxton directing the conveyance. That is all AYES—189 Hayworth McKeon Scarborough simply that the amendment does. Abercrombie Gutierrez Oberstar Hefley Metcalf Schaefer, Dan Ms. KAPTUR. Mr. Chairman, the bill Ackerman Hall (OH) Obey Herger Mica Schaffer, Bob Hill Miller (FL) Sensenbrenner that we are debating today includes ad- Allen Hall (TX) Olver Andrews Harman Ortiz Hilleary Molinari Sessions ditional funds for the department for Baesler Hastings (FL) Owens Hobson Mollohan Shadegg hazardous waste management, and it Baldacci Hefner Pallone Hoekstra Moran (KS) Shaw appears to me in reading the legisla- Barcia Hilliard Pascrell Horn Morella Shays Barrett (WI) Hinchey Pastor Hostettler Myrick Shimkus tion that we would be able to accom- Becerra Hinojosa Payne Houghton Nethercutt Shuster modate this particular site with the Bentsen Holden Pelosi Hulshof Ney Skeen appropriated dollars in the bill. So our Berry Hooley Peterson (MN) Hunter Northup Smith (MI) Hutchinson Norwood Smith (NJ) major concern regarding funding has Bishop Hoyer Pomeroy Blagojevich Jackson (IL) Poshard Hyde Nussle Smith (OR) been met in the legislation, and we Blumenauer Jackson-Lee Price (NC) Inglis Oxley Smith (TX) would agree to the gentleman’s amend- Bonior (TX) Rangel Istook Packard Smith, Linda ment. Borski Jefferson Reyes Jenkins Pappas Snowbarger Boswell John Rodriguez Johnson (CT) Parker Solomon Mr. BRADY. Mr. Chairman, I rise today in Boucher Johnson (WI) Roemer Johnson, Sam Paul Souder support of the Stenholm amendment to be Ag- Boyd Johnson, E. B. Rothman Jones Paxon Spence Brown (CA) Kanjorski Roybal-Allard Kasich Pease Stump riculture appropriations bill on the conveyance Brown (FL) Kaptur Rush Kelly Peterson (PA) Sununu of the Brownwood, Texas Pecan Station. The Brown (OH) Kennedy (MA) Sabo Kim Petri Talent Stenholm amendment repeals a provision in Capps Kennedy (RI) Sanchez King (NY) Pickering Tauzin Kingston Pickett Taylor (MS) Public Law 104±37, the Fiscal Year 1996 Agri- Carson Kennelly Sanders Clay Kildee Sandlin Klug Pitts Taylor (NC) culture Appropriations Act, directing the trans- Clayton Kilpatrick Sawyer Knollenberg Pombo Thomas fer of the land from the Agriculture Research Clement Kind (WI) Schumer Kolbe Porter Thornberry Service to Texas A&M University. Because of Clyburn Kleczka Scott LaHood Portman Thune Condit Klink Serrano Largent Pryce (OH) Tiahrt certain outstanding liability issues, the transfer Conyers Kucinich Sherman Latham Quinn Traficant of this land from ARS to Texas A&M cannot Costello LaFalce Sisisky LaTourette Rahall Upton take place at this time. Coyne Lampson Skaggs Lazio Ramstad Walsh Cummings Lantos Skelton Leach Redmond Wamp Mr. Chairman, this is a noncontroversial Danner Levin Slaughter Lewis (CA) Regula Watkins amendment supported by both ARS and Davis (FL) Lewis (GA) Smith, Adam Lewis (KY) Riggs Watts (OK) Texas A&M University. It is also an amend- Davis (IL) Lofgren Snyder Linder Riley Weldon (FL) DeFazio Lowey Spratt Lipinski Rivers Weldon (PA) ment that does not require any additional DeGette Luther Stabenow Livingston Rogan Weller funds. Delahunt Maloney (CT) Stark LoBiondo Rogers White Lucas Rohrabacher Whitfield I support the continued efforts of the Agri- DeLauro Maloney (NY) Stenholm Dellums Manton Stokes Manzullo Ros-Lehtinen Wicker culture Research Service's pecan breeding Deutsch Martinez Strickland McCollum Roukema Wolf program because it is the only breeding pro- Dicks Mascara Stupak McCrery Royce Young (FL) Dingell Matsui Tanner McDade Ryun gram in the world producing improved pecan McInnis Salmon varieties. Varieties produced by this program Dixon McCarthy (MO) Tauscher Doggett McCarthy (NY) Thompson NOT VOTING—13 are the foundation of the improved pecan in- Dooley McDermott Thurman dustry worldwide, setting standards of yield Doyle McGovern Tierney Berman Goodling Schiff Fattah Markey Stearns and quality. Pecan breeding and genetics are Edwards McHale Torres Engel McKinney Towns Forbes McHugh Young (AK) the most important tools for improving pecan Eshoo McNulty Turner Ford Neumann profitability for U.S. producers in a global mar- Etheridge Meehan Velazquez Furse Radanovich ket. Chemical pest management in pecans Evans Meek Vento b 1453 has failed to provide long-term solutions to in- Farr Menendez Visclosky Fazio Millender- Waters Mrs. CUBIN and Mr. MOLLOHAN sects and diseases, regardless of the funds Filner McDonald Watt (NC) changed their vote from ‘‘aye’’ to ‘‘no.’’ Flake Miller (CA) Waxman used. Consequently, breeding and selection is Mr. DEUTSCH and Ms. MCKINNEY the best option for the future. Foglietta Minge Wexler Frank (MA) Mink Weygand changed their vote from ‘‘no’’ to ‘‘aye.’’ As I stated earlier, Texas A&M, in my dis- Frost Moakley Wise So the motion was not agreed to. trict, is supportive of this amendment. The Gejdenson Moran (VA) Woolsey The result of the vote was announced Gephardt Murtha Wynn as above recorded. Texas A&M Agriculture Program, through the Gonzalez Nadler Yates Texas Agriculture Experiment Station has long Green Neal The CHAIRMAN pro tempore (Mr. had strong ties to the ARS Pecan Station at RIGGS). The Clerk will read. Brownwood. This amendment would in no way NOES—232 The Clerk read as follows: None of the funds in the foregoing para- diminish the relationship with the university, Aderholt Campbell Ehlers Archer Canady Ehrlich graph shall be available to carry out re- the experiment station, or the pecan station. Armey Cannon Emerson search related to the production, processing I am pleased to support Congressman Bachus Cardin English or marketing of tobacco or tobacco products. Baker Castle Ensign STENHOLM's efforts and I urge the passage of BUILDINGS AND FACILITIES Ballenger Chabot Everett this amendment. Barr Chambliss Ewing For acquisition of land, construction, re- The CHAIRMAN. The question is on Barrett (NE) Chenoweth Fawell pair, improvement, extension, alteration, Bartlett Christensen Foley and purchase of fixed equipment or facilities the amendment offered by the gen- Barton Coble Fowler as necessary to carry out the agricultural re- tleman from Texas [Mr. STENHOLM]. Bass Coburn Fox search programs of the Department of Agri- The amendment was agreed to. Bateman Collins Franks (NJ) culture, where not otherwise provided, Bereuter Combest Frelinghuysen $59,000,000, to remain available until ex- Ms. KAPTUR. Mr. Chairman, I move Bilbray Cook Gallegly pended (7 U.S.C. 2209b): Provided, That funds that the Committee do now rise. Bilirakis Cooksey Ganske Bliley Cox Gekas may be received from any State, other polit- The question was taken; and the Blunt Cramer Gibbons ical subdivision, organization, or individual Chairman announced that the noes ap- Boehlert Crane Gilchrest for the purpose of establishing any research peared to have it. Boehner Crapo Gillmor facility of the Agricultural Research Serv- Bonilla Cubin Gilman ice, as authorized by law. RECORDED VOTE Bono Cunningham Goode Brady Davis (VA) Goodlatte COOPERATIVE STATE RESEARCH, EDUCATION, Ms. KAPTUR. Mr. Chairman, I de- Bryant Deal Gordon AND EXTENSION SERVICE mand a recorded vote. Bunning DeLay Goss RESEARCH AND EDUCATION ACTIVITIES Burr Diaz-Balart Graham For payments to agricultural experiment A recorded vote was ordered. Burton Dickey Granger stations, for cooperative forestry and other The vote was taken by electronic de- Buyer Doolittle Greenwood Callahan Dreier Gutknecht research, for facilities, and for other ex- vice, and there were—ayes 189, noes 232, Calvert Duncan Hamilton penses, including $168,734,000 to carry into ef- not voting 13, as follows: Camp Dunn Hansen fect the provisions of the Hatch Act (7 U.S.C. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5447 361a–361i); $20,497,000 for grants for coopera- for that language to give Auburn Uni- ican Samoa, the Federated States of Microne- tive forestry research (16 U.S.C. 582a–582a7); versity an edge on any other university sia, and the Freely Associated States. $27,735,000 for payments to the 1890 land- project. I would hope that in con- ADAP funds a number of activities for the grant colleges, including Tuskegee Univer- ference that all facilities be judged on sity (7 U.S.C. 3222); $31,654,000 for special Asia-Pacific communities. These include fi- grants for agricultural research (7 U.S.C. their merit only. nancing research of regional agricultural prob- 450i(c)); $17,327,000 for special grants for agri- I should like to thank the chairman lems common to members of the five land- cultural research on improved pest control (7 for giving me this opportunity to grant institutions in the American-affiliated Pa- U.S.C. 450i(c)); $106,744,000 for competitive re- present this amendment, and appre- cific, strengthening market information sys- search grants (7 U.S.C. 450i(b)); $4,500,000 for ciate the assistance and cooperation of tems, producing instructional materials devel- the support of animal health and disease pro- my good friend from New Mexico, as opment and distribution, and providing schol- grams (7 U.S.C. 3195); $650,000 for supple- well as the cooperation from our good arships for land-grant faculty and staff. mental and alternative crops and products (7 friend, the gentlewoman from Ohio U.S.C. 3319d); $500,000 for grants for research I commend the committee's continued sup- pursuant to the Critical Agricultural Mate- [Ms. KAPTUR]. port for ADAP, however, I am disappointed rials Act of 1984 (7 U.S.C. 178) and section Mr. SKEEN. Mr. Chairman, will the with the decreased funding it has reported for 1472 of the Food and Agriculture Act of 1977, gentleman yield? the Tropical and Subtropical Agricultural Re- as amended (7 U.S.C. 3318), to remain avail- Mr. CALLAHAN. I yield to the gen- search Programs. Not only does this program able until expended; $3,000,000 for higher edu- tleman from New Mexico. impact Guam, it also affects Hawaii, Florida, cation graduate fellowships grants (7 U.S.C. Mr. SKEEN. Mr. Chairman, we have Puerto Rico, and the Virgin Islands. For the 3152(b)(6)), to remain available until ex- seen the amendment, and we accept it. people of Guam, the Tropical and Subtropical pended (7 U.S.C. 2209b); $4,350,000 for higher Ms. KAPTUR. Mr. Chairman, I move education challenge grants (7 U.S.C. Research Programs fund numerous activities. 3152(b)(1)); $1,000,000 for a higher education to strike the last word. These include financing research contributing minority scholars program (7 U.S.C. Mr. Chairman, I thank the gentleman to the establishment of energy and labor effi- 3152(b)(5)), to remain available until ex- from Alabama [Mr. CALLAHAN], our cient irrigation and fertigator systems, water- pended (7 U.S.C. 2209b); $2,500,000 for an edu- good friend, for the cooperation that he melon disease control, modeling crop produc- cation grants program for Hispanic-serving has exhibited since the time that we tion systems, market surveys, and the biologi- Institutions (7 U.S.C. 3241); $4,000,000 for were in the subcommittee and the full cal control of pests in order to increase pro- aquaculture grants (7 U.S.C. 3322); $8,000,000 committee, it truly is appreciated, and for sustainable agriculture research and edu- ductivity. for his remarks concerning his report Although I have stressed the benefits Guam cation (7 U.S.C. 5811); $9,200,000 for a program language amendment in full commit- of capacity building grants (7 U.S.C. receives from these programs, I also point to 3152(b)(4)) to colleges eligible to receive tee. the implications the Tropical and Subtropical funds under the Act of August 30, 1890 (7 b 1500 Research Programs have on the neighboring U.S.C. 321–326 and 328), including Tuskegee regions. Knowledge and expertise culled from University, to remain available until ex- I concur with his assessment that the report language he references has no these studies not only improve Guam's local pended (7 U.S.C. 2209b); $1,450,000 for pay- agricultural industry, they are disseminated ments to the 1994 Institutions pursuant to standing since there is no funding in section 534(a)(1) of Public Law 103–382; and the Cooperative State Research Facili- throughout Micronesia, Asia, and Africa. $8,882,000 for necessary expenses of Research ties account. American tropical and subtropical regions and Education Activities, of which not to ex- I would like to note for the RECORD face agricultural needs unique to other areas. ceed $100,000 shall be for employment under 5 that the subcommittee received nu- Continued support for the Tropical and Sub- U.S.C. 3109; in all, $420,723,000. merous, numerous requests from Mem- tropical Research Programs are necessary AMENDMENT OFFERED BY MR. CALLAHAN bers on both sides of the aisle for fund- steps to improving not only the livelihood of Mr. CALLAHAN. Mr. Chairman, I ing for research buildings, and I am the people of Guam, but also other tropical re- offer an amendment. sure that all these proposals have gions of the world. The Clerk read as follows: merit, and should funding be made I will continue to actively support funding for Amendment offered by Mr. CALLAHAN: On available in this account, I would ex- ADAP and the Tropical and Subtropical Agri- page 12 line 17 strike ‘‘31,654,000’’ and insert cultural Research Programs. These programs ‘‘32,154,000’’ and on page 13 line 24 strike pect that each proposal that qualifies ‘‘420,723,000’’ and insert ‘‘421,223,000’’. for these funds would be judged on are fundamental vehicles for improving stand- ards of living not only on Guam, but also other Mr. CALLAHAN. Mr. Chairman, this their merits. tropical regions of the United States. amendment provides $500,000 to Auburn Mr. Chairman, I also want to say Ms. FURSE. Mr. Chairman, I rise to express University to work in cooperation with that I thank the gentleman and sup- my appreciation to Chairman SKEEN and Faulkner State Community College ported his amendment, especially be- Ranking Member KAPTUR for including and Alabama Southern Community cause it is done within the context of $364,000 in this appropriation for multi- College’s Center for Excellence in For- the additional money that was in- commodity research at the Food Innovation estry. cluded within the subcommittee allo- These projects are unique, joint ef- cation. So it is within the budget con- Center, located in my district. forts that focus on water quality and straints that we are forced to abide by, This is a joint project of Oregon State Uni- habitat loss in the gulf coastal region and I want to thank the gentleman for versity and the Oregon Department of Agri- and forestry in the Southeast. The working with us on this and we accept culture dedicated to the development and mar- main efforts of the research will focus his amendment. keting of new food products. This funding will on nonpoint source pollution, water- The CHAIRMAN. The question is on assist in creating family-wage jobs in Oregon shed management, and the reduction of the amendment offered by the gen- in the food processing industry. chemical discharge from wood and pulp tleman from Alabama [Mr. CALLAHAN]. This outstanding facility created for enhanc- processing. The amendment was agreed to. ing entrepreneurship brings together the in- I would also like to speak for a cou- Mr. UNDERWOOD. Mr. Chairman, I am credible agricultural productivity of the Pacific ple of seconds regarding some report grateful that the Appropriations Committee has Northwest and the expertise of our business language that appears in the report ac- reported continued funding for the Agricultural community. The Food Innovation Center's companying this bill. Development in the American Pacific [ADAP] focus on increasing the value-added compo- In full committee, the chairman of- project and the Tropical and Subtropical Agri- nent of the Pacific Northwest's agricultural fered on my behalf some report lan- cultural Research Programs, both conducted sector helps derive more income from the vast guage that supported the School of by the Cooperative State Research, Education array of commodities produced there. Forestry building complex at Auburn and Extension Service within the USDA. Oregon agriculture continues to break pro- University. The language included a With committee provisions reporting ADAP ductivity and income records. We can do even sentence that the committee rec- funding at $564,000, as in previous years, the better by utilizing the cost-effective investment ommends that up to $4.75 million be American Government demonstrates its con- that the Food Innovation Center is. If we in Or- made available for this project. tinuing commitment to provide funds and egon were to add value to our raw agricultural I recognize this language is in an ac- grants to its communities in the Asia-Pacific products at the national average level, 20,000 count that has no money and, there- region. These include not only Guam, but also jobs would be created. The Food Innovation fore, has no standing. I do not intend Hawaii, the Northern Marianas Islands, Amer- Center helps us move toward that goal. H5448 CONGRESSIONAL RECORD — HOUSE July 17, 1997 I thank the subcommittee for its support of McKinney Pomeroy Snowbarger priations for Agriculture, Rural Devel- McNulty Porter Snyder this tremendously cost-effective private-public Meehan Portman Spence opment, Food and Drug Administra- partnership. Meek Poshard Spratt tion, and related agencies programs for Ms. DELAURO. Mr. Chairman, I move Menendez Price (NC) Stabenow the fiscal year ending September 30, that the Committee do now rise. Metcalf Pryce (OH) Stark 1998, and for other purposes, had come Mica Quinn Stenholm The CHAIRMAN. The question is on Millender- Rangel Strickland to no resolution thereon. the motion offered by the gentlewoman McDonald Redmond Stupak f from Connecticut [Ms. DELAURO]. Miller (CA) Reyes Sununu Miller (FL) Rodriguez Talent ADJOURNMENT TO MONDAY, JULY The question was taken; and the Minge Roemer Tanner 21, 1997 chairman announced that the ayes ap- Mink Rogan Tauscher peared to have it. Moakley Rogers Taylor (NC) Mr. DUNCAN. Mr. Speaker, I ask Molinari Rohrabacher Thompson RECORDED VOTE unanimous consent that when the Mollohan Ros-Lehtinen Thornberry House adjourns today it adjourn to Ms. KAPTUR. Mr. Chairman, I de- Moran (KS) Rothman Thune meet at noon of Monday next. mand a recorded vote. Morella Roukema Thurman Murtha Roybal-Allard Tiahrt The SPEAKER pro tempore. Is there A recorded vote was ordered. Myrick Rush Tierney objection to the request of the gen- The CHAIRMAN. This will be a 17- Nadler Ryun Torres tleman from Tennessee? minute vote. Neal Sabo Towns Nethercutt Salmon Turner There was no objection. The vote was taken by electronic de- Neumann Sanchez Upton f vice, and there were—ayes 344, noes 73, Ney Sanders Velazquez not voting 17, as follows: Northup Sandlin Vento HOUR OF MEETING ON TUESDAY, Norwood Schaefer, Dan Visclosky [Roll No. 285] Nussle Schumer Wamp JULY 22, 1997 AYES—344 Oberstar Sensenbrenner Waters Mr. DUNCAN. Mr. Speaker, I ask Obey Serrano Watt (NC) Abercrombie Davis (FL) Hostettler Olver Sessions Watts (OK) unanimous consent that when the Ackerman DeFazio Hoyer Ortiz Shadegg Waxman House adjourns on Monday, July 21, Allen DeGette Hulshof Owens Shaw Weldon (FL) 1997, it adjourn to meet at 12:30 p.m. on Andrews Delahunt Hunter Packard Shays Weldon (PA) Tuesday, July 22, 1997, for morning Archer DeLauro Hutchinson Pallone Sherman Wexler Armey DeLay Hyde Pappas Shimkus Weygand hour debates. Bachus Dellums Inglis Parker Shuster White The SPEAKER pro tempore. Is there Baker Deutsch Istook Pascrell Sisisky Wicker objection to the request of the gen- Baldacci Diaz-Balart Jackson (IL) Pastor Skaggs Wise Ballenger Dickey Jackson-Lee Paul Skelton Wolf tleman from Tennessee? Barcia Dicks (TX) Paxon Slaughter Woolsey There was no objection. Barr Dingell Jefferson Pelosi Smith (NJ) Wynn f Barrett (NE) Dixon Jenkins Peterson (MN) Smith (OR) Yates Barrett (WI) Doggett John Pickering Smith (TX) Young (FL) DISPENSING WITH CALENDAR Bartlett Dooley Johnson (WI) Pitts Smith, Adam WEDNESDAY BUSINESS ON Barton Doolittle Johnson, E.B. Pombo Smith, Linda Bass Doyle Johnson, Sam WEDNESDAY NEXT Bateman Duncan Jones NOES—73 Mr. DUNCAN. Mr. Speaker, I ask Becerra Dunn Kanjorski Aderholt Fowler Regula Bentsen Edwards Kaptur Baesler Frelinghuysen Riggs unanimous consent that the business Bereuter Ehrlich Kasich Bilbray Ganske Riley in order under the Calendar Wednesday Berry Engel Kelly Bilirakis Goode Rivers rule be dispensed with on Wednesday Bishop Ensign Kennedy (MA) Callahan Gordon Royce Blagojevich Eshoo Kennedy (RI) Campbell Goss Sanford next. Bliley Evans Kennelly Cardin Green Sawyer The SPEAKER pro tempore. Is there Blumenauer Ewing Kildee Castle Hall (TX) Saxton objection to the request of the gen- Blunt Farr Kilpatrick Chenoweth Hamilton Scarborough tleman from Tennessee? Boehlert Fazio Kim Coburn Hilleary Schaffer, Bob Boehner Filner Kind (WI) Cook Hobson Scott There was no objection. Bonilla Flake King (NY) Cramer Houghton Skeen f Bonior Foglietta Kleczka Crane Johnson (CT) Smith (MI) Bono Foley Klink Crapo Kingston Solomon SPECIAL ORDERS Borski Ford Klug Cunningham Lewis (CA) Stearns Boswell Fox Knollenberg Davis (IL) McCarthy (NY) Stump The SPEAKER pro tempore (Mr. Boucher Frank (MA) Kolbe Davis (VA) McCrery Taylor (MS) ROGAN). Under the Speaker’s an- Boyd Franks (NJ) Kucinich Deal McIntyre Thomas nounced policy of January 7, 1997, and Brady Frost LaFalce Dreier Pease Traficant Brown (CA) Gallegly LaHood Ehlers Peterson (PA) Walsh under a previous order of the House, Brown (FL) Gejdenson Lampson Emerson Petri Watkins the following Members will be recog- Brown (OH) Gekas Lantos English Pickett Weller Bryant Gephardt Largent nized for 5 minutes each. Etheridge Radanovich Whitfield The SPEAKER pro tempore. Under a Bunning Gibbons Latham Everett Rahall Burr Gilchrest Lazio Fawell Ramstad previous order of the House, the gen- Burton Gillmor Leach tleman from New Jersey [Mr. SAXTON] Buyer Gilman Levin NOT VOTING—17 is recognized for 5 minutes. Calvert Gonzalez Lewis (GA) Berman Manton Schiff Camp Goodlatte Lewis (KY) Fattah Martinez Souder [Mr. SAXTON addressed the House. Canady Goodling Linder Forbes McHugh Stokes His remarks will appear hereafter in Cannon Graham Lipinski Furse Moran (VA) Tauzin Capps Granger Livingston the Extensions of Remarks.] Gutknecht Oxley Young (AK) f Carson Greenwood LoBiondo LaTourette Payne Chabot Gutierrez Lofgren Chambliss Hall (OH) Lowey b 1522 BALANCE THE BUDGET WITH TAX Christensen Hansen Lucas RELIEF, CONTINUED ECONOMIC Mr. GOSS changed his vote from Clay Harman Luther GROWTH Clayton Hastert Maloney (CT) ‘‘aye’’ to ‘‘no.’’ Clement Hastings (FL) Maloney (NY) So the motion was agreed to. The SPEAKER pro tempore. Under a Clyburn Hastings (WA) Manzullo The result of the vote was announced previous order of the House, the gen- Coble Hayworth Markey Collins Hefley Mascara as above recorded. tleman from Georgia [Mr. KINGSTON] is Combest Hefner Matsui Accordingly, the Committee rose; recognized for 5 minutes. Condit Herger McCarthy (MO) and the Speaker pro tempore (Mr. Mr. KINGSTON. Mr. Speaker, with Conyers Hill McCollum Cooksey Hilliard McDade ROGAN) having assumed the chair, Mr. all the discussion about balancing the Costello Hinchey McDermott RIGGS, Chairman pro tempore of the budget and providing tax relief, people Cox Hinojosa McGovern Committee of the Whole House on the are concerned. Well, why is it nec- Coyne Hoekstra McHale State of the Union, reported that that essary and is it even consistent to give Cubin Holden McInnis Cummings Hooley McIntosh Committee, having had under consider- tax relief while we are trying to bal- Danner Horn McKeon ation the bill (H.R. 2160) making appro- ance the budget? After all, people are July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5449 paying taxes, more revenues are com- welfare-type benefits, like Medicaid We all know there are some serious ing in, and it is easier to balance the and public housing and welfare cash concerns about the Mir and its ability budget that way. benefits from the DFACS or temporary to survive, but we have learned a great But there is a part of that argument assistance to needy families. He will deal from men in space, from the coop- that I think is overlooked if we look at get food stamps, WIC, and so forth. But erative effort there. just first glance. What I am speaking of the check comes from Susan and her But really what I did want to talk is, if we give people tax relief, we are 14-year-old and her 16-year-old. That is quite a bit about and acknowledge the going to have economic growth, we are not fair to single working women tremendous work of NASA and particu- going to have more jobs, more people around America. larly the people at JPL and everybody working, more people paying tax reve- If you want to know more about this that was involved in this program, the nues, and this growth will decrease the tax program, I would recommend that tremendous success of the Mars Path- deficit faster than just mere cutbacks you look it up on the International finder program. Indeed, I think it has in spending. We need to have both, but Web. Get beyond the Republican versus captured the imagination of men and spurring economic growth is the key Democrat debate. The Democrats have women, young and old all around the part of deficit reduction. a web page, too. I do not know what globe. I just wanted to share with my Let us look at the picture of taxes. In their web page number is, but this is colleagues today some of these tremen- the 1950’s, the average middle-class the Republican web page. If you will dous photographs that have been made Federal tax burden was about 6 per- look it up, it is http:// available to me by NASA officials. cent. In the 1970’s, it was 16 percent. In hillsource.house.gov and you can figure This is a photograph taken by the 1994, it was 23 percent. But by 1995, the out what the tax relief would be for rover after it went off the ramp there. total tax burden was up to 39 percent, you. You can see here these tracks in the 24 percent of that being in Federal in- Again, why is it important to give Martian soil. You can look back and come tax alone. That is up from 5 per- middle-class Americans tax relief? Be- see the Pathfinder vehicle right there cent in the 1950’s. cause if you have more money in your on the surface of Mars where it landed. Then this is a shot taken by the Path- b 1530 pocket because we as a Federal Govern- ment have confiscated less of it, what finder of the Sojourner vehicle. It is Members can see what a huge portion Susan will do with her $1,000 is she will really a tremendous photograph, tre- of family income taxes take. Mr. buy more shoes, go out to eat more, mendous detail. You can see the tre- Speaker, I believe that the higher the maybe buy more clothes, do whatever, mendous detail in the soil and in the tax rate of middle-class Americans, the she will have more consumable income. rocks. less time they have together as fami- When she does that, because 58 million There is our little rover, Sojourner. lies, because when we had a 39-percent Americans will be able to do that, busi- An amazing vehicle. It survived very tax burden, what that is saying is that nesses will expand, jobs will be created, nicely the landing on Mars and it has the second income of the family just less people will be on welfare, more been roving around using solar power. goes to pay taxes. Mom and dad are people will be paying taxes and just These are the solar panels on the top of both working. The second income goes like Kennedy and Reagan proved, tax the Sojourner and it collects solar en- to pay the taxes, 39 percent. Do your cuts actually increase the revenue be- ergy and it is able to travel around on own math in your own house. cause of the economic growth. the surface of Mars, analyzing rocks. It The tax relief that we are trying to f is really going to provide our scientists get passed and we are working on a bi- a tremendous amount of information partisan basis with the President on it, SUPPORT THE SPACE PROGRAM about Mars, Mars history, and it is al- gives tax relief to people who earn be- The SPEAKER pro tempore (Mr. ready revealing that Mars may have at tween $20,000 and $75,000. Seventy-six ROGAN). Under a previous order of the one time had a climate much more percent of the tax relief package goes House, the gentleman from Florida similar to Earth’s than what it is right to middle-income families making be- [Mr. WELDON] is recognized for 5 min- now. tween $20,000 and $75,000. Of that, 90 utes. I would also like to share, Mr. Speak- percent of it goes toward education, Mr. WELDON of Florida. Mr. Speak- er, with my colleagues here an artist’s the HOPE scholarship to make it more er, I rise this afternoon to speak about rendering of our international space affordable through a deduction pro- our space program and the recent suc- station, something that we definitely gram and a tax credit program to send cesses that it has had. They really, need to get up in space soon to replace kids to college. Then $150 billion of it truly have been spectacular. They have the Mir with all its associated prob- goes to the $500-per-child tax credit. drawn the attention of the whole lems. But this is going to be a great, There is a big disagreement at this world. As all of us know, there are tremendous opportunity for people point with the President on it. We are some risks associated with going up from Europe and Japan, and hopefully trying to work out our differences. The into space. It is not a business for if the Russians can get it together, President wants to give that $500 tax those who are risk averse but the pay- they will be able to stay involved in it, credit to people who do not pay Federal offs are tremendous and we have seen and where people from all over the income taxes, whereas the Republican that with all the tremendous break- world will be working together doing plan says now you only give tax relief throughs in science and technology tremendous scientific research. to those who pay income taxes. that came from our Apollo program Where do we go from there is the It is a very important thing; because and Mercury and Gemini programs. question. We all want to see the space if you take a woman, say a single Those were really the pioneers, those station up there and flying in space, mother named Susan, she has a 14- were the men and women who first got but what is next? We need to go on year-old and a 16-year-old, under the involved, led the race to the Moon and from there. We do not want to just stop Republican plan, Susan would get a we learned a great deal, a tremendous at that point. Here I have for you some $1,000 tax relief check from the govern- amount. artist’s renderings of some very excit- ment, $1,000 less in taxes. Under the Then we were able to follow on from ing concepts. This would be for a lunar Clinton plan, she would get zero, be- all that with the current reusable base and the possibility of having cause the President’s proposal is to say launch vehicle that we have, the space something like this in the future truly that once the child turns 12, no tax re- shuttle program, a program that has does exist. For example, one of the po- lief. shown and demonstrated its tremen- tential uses of going back to the Moon But what is worse is if you had a man dous durability and its tremendous ver- is to actually collect solar energy on out there who had three or four kids satility with the ability to go up into the surface of the Moon and beam it, and he was not paying Federal income space and retrieve satellites and fix using microwaves, to the Earth. This taxes, he could get $2,000 or $2,500 those satellites and then redeploy them would be an inexhaustible source of worth of tax relief even though he is back out into space. solar energy that could be used well not paying the taxes. He still, if he is Of course, right now we are currently into the future. It would eliminate fos- eligible, is going to get all kinds of involved with the shuttle-Mir program. sil fuel usages and nuclear power H5450 CONGRESSIONAL RECORD — HOUSE July 17, 1997 plants. Definitely a cheap and inex- Rican Government. That means that tleman from Tennessee [Mr. DUNCAN] is haustible source of energy. Mrs. Dantzler was supposed to be ar- recognized for 5 minutes. But this is really what I wanted to rested by the Costa Rican Government Mr. DUNCAN. Mr. Speaker, John spend a little bit of time talking about and sent back to the United States. Mr. Paul Jones, the great American naval today, and, that is, maybe someday the Britt flew to Costa Rica because Holly officer, once said, ‘‘Don’t give up the possibility of going on to Mars with a would need someone to care for her ship.’’ But unfortunately, it looks like manned mission. There are people when her mother was arrested and that is exactly what the United States within NASA as well as within the taken into custody. As my colleagues is doing. Foreign-flag cruise lines are American space society talking about may expect, Mr. Britt thought his abusing American taxpayers by not ideas of how we could someday send daughter would soon be returned to paying taxes on billions of dollars of men and women to Mars. This shows a him. He waited during the weekend of business from Americans and are slow- Mars base and a return vehicle there as Father’s Day on June 17. I cannot ly driving our domestic ships out of well as a little greenhouse. This is imagine the agony of waiting in a hotel business. what it could someday be. I encourage room during Father’s Day for the re- Now, these same foreign-flag cruise all my colleagues to support NASA and turn of a daughter whom you have not lines are calling for repeal of the Pas- support our space efforts. seen for 3 years. But he waited to no senger Services Act. This repeal would f avail. be horrible for the domestic cruise line While Mr. Britt was waiting, the JUSTICE FOR FARRIEL BRITT industry. It could result in the loss of judge in Costa Rica was meeting be- thousands of American jobs and mil- The SPEAKER pro tempore. Under a hind closed doors with Mrs. Dantzler’s lions, if not billions, of dollars in tax previous order of the House, the gen- attorney. They met not once but twice. revenues. tleman from North Carolina [Mr. Some sort of deal was worked out so The Passenger Services Act requires ETHERIDGE] is recognized for 5 minutes. that Mrs. Dantzler could keep her child that all passenger vessels in the United Mr. ETHERIDGE. Mr. Speaker, I and only be held under House arrest. States and the U.S. trade must be 100 stand before my colleagues today, im- House arrest is a sham in the country percent American. They must be built mensely frustrated and troubled by the of Costa Rica. There is no method of and registered in the United States, judicial system in Costa Rica and the enforcing house arrest in Costa Rica. owned by U.S. citizens and crewed by lack of enforcement authority by the No officer is assigned to guard Mrs. American seamen. If a vessel servicing United States of America. One of my Dantzler’s door, no one watches her a U.S. port fails to meet these stand- constituents, a father from Southern house, so she is able to come and go as ards, it must stop at a foreign port be- Pines in the Second Congressional Dis- she pleases. fore it brings its passengers back home. trict of North Carolina, has been wait- If that is the case, I wonder what ex- Mr. Speaker, almost every cruise line ing patiently for years for justice to be actly prevents her from fleeing Costa operating out of the United States done. He is awaiting the return of his 6- Rica and going to some other destina- today skirts the requirements of the year-old daughter, Holly Dantzler, tion. Passenger Services Act by registering from the country of Costa Rica. Mr. Speaker, I am troubled that a Many people watching today may its ships in foreign countries like Pan- judge charged with enforcing an extra- ama and Liberia and docking in foreign know Mr. Farriel Britt’s story. He was dition order from the United States of the subject of a ‘‘Prime Time Live’’ ports before coming to America. As a America is flaunting her authority in result, these foreign cruise vessels can story that was aired in May of this the face of this country. This is a year because his daughter had been use poorly-trained, low-paid, Third criminal case and she would be, in this World crews even though 90 percent of kidnapped by his ex-wife, Terry country, removed from office. The Dantzler, and taken to Costa Rica. The the passengers on their ships are Amer- State of North Carolina already de- icans. Instead of repealing the Pas- State of North Carolina and the State cided the custody case. As far as this of South Carolina, where Mr. Britt’s senger Services Act, we should be talk- judge is concerned, Mr. Britt should ing about a very different question: ex-wife lived, both agreed that Mr. just wait indefinitely for his daughter Britts should have custody of his Should foreign-flag cruise ships be al- to be returned to the United States, lowed to unfairly compete with U.S. daughter and both States have granted but Mr. Britt has been waiting for his him custody of his daughter. But Mr. flag vessels? child. Mr. Britt has been waiting for 3 I realize that we live in a world econ- Britt’s’ ex-wife kidnapped her and fled long years. Now that he has finally lo- to Costa Rica where she has thus far omy, and I certainly do not oppose free cated her in Costa Rica, why should he trade. Our trade with other nations has escaped American justice. be subjected to the whims of one judge Mr. Speaker, Mrs. Dantzler has an produced many jobs for Americans, and in Costa Rica? international kidnapping warrant out- I have nothing whatsoever against peo- The U.S. Department of State has ple from other nations. But I also be- standing against her. An international asked the Government of Costa Rica to kidnapping warrant. One would think lieve very strongly that our trade laws arrest this woman and send her home that the State Department would be should be fair, and quite simply, Mr. so that Holly Dantzler can be returned working night and day to make sure Speaker, in the vacation cruise line in- to her father. This simple justice is that this woman is arrested and her dustry the current trade rules are not being subverted by one judge in Costa child returned to her father in the fair to domestic or American cruise Rica who is flaunting the law. lines. United States, but apparently the Today I request that the State De- United States of America is powerless For example, foreign-flag operators partment demand the Government of generate billions of dollars in revenue in the face of one Costa Rican judge. Costa Rica to remove this judge from Mr. Speaker, I am frustrated because from American travelers, but pay no Mr. Britt’s’ case and enforce this extra- Mr. Farriel Britt turned to me for help U.S. corporate income tax. Let me re- dition order so that this child can be when he could not fight this fight alone peat that. Foreign-flag operators gen- anymore. I have to say, I thought the returned to the United States of Amer- erate billions of dollars in revenue fact that I was a U.S. Congressman, ica and be reunited with her father as from American travelers, but pay no elected by the people of the Second the law demands. U.S. corporate taxes. I thank the Speaker for allowing me District of North Carolina, would be of Currently, the largest cruise line in this time to speak in behalf of a father some help to him. But I have since the world reported nearly $2 billion in who is being unjustly denied the com- learned that while I may get my phone revenues in 1995, primarily from North panionship of his daughter. calls returned by the State Department American vacationers. How much U.S. more quickly these days, the State De- f corporate income tax did Carnival pay partment apparently is powerless be- b 1545 on those earnings? Zero. That is right, zero on $2 billion in revenues. cause they have not responded to my DON’T GIVE UP THE SHIP needs nor Mr. Britt’s. What about labor costs? Foreign-flag Our State Department issued a re- The SPEAKER pro tempore. Under a cruise lines employ Third World labor quest for extradition to the Costa previous order of the House, the gen- and pay Third World wages. In the July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5451 process they avoid immigration and stant rising might have wondered what are not out in the hallway. So they labor laws that their U.S. competitors the business of this House was today. have forgotten the bus driver, they must obey. The business was to indicate to those have forgotten the school-teacher, they In addition, foreign operators benefit who control this House, my Republican have forgotten the single working from foreign government subsidies de- friends, that bipartisanship is some- mother, they have forgotten the police signed to encourage capital investment thing that they called for and that we officer. overseas and provide employment for called for but they are not acting upon. These are the families that the Re- their citizens. How disturbing to find that in foreign publicans are saying are looking for The real issue at stake in the pro- operations where an amendment was welfare. They are preschool and kinder- posed repeal of the Passenger Services worked out dealing with international garten teachers, teachers aids, sales Act is who gets the American vacation family planning, and some may say, clerks, carpenters, rookie police offi- dollars; a U.S. or a foreign business? No ‘‘How small an issue,’’ but the issue cers, in-home caregivers. They are the one would dream of letting Toyota, bears on many concerns that this coun- millions of people across America who Sony, or some other foreign corpora- try has; one, its international relations work hard and struggle every month to tion set up shop within our boundaries with helping many, many countries pay their bills and to provide for their and escape U.S. taxes, immigration and formulate in a fair manner the treat- children. Most of them would be pretty labor laws, but this is exactly what we ment of women who are interested in surprised to find out that the Gingrich are allowing in the vacation cruise line family planning. Congress does not think they deserve industry. If you really want to promote fami- tax breaks like everyone else, even The U.S. passenger vessel industry lies, then you will promote women hav- though a big chunk of their paychecks deserves our support. There are some ing the choice to plan families and to go to paying Federal taxes. 3,600 passenger carrying vessels in the have the knowledge and understanding So, I think that we need to know why U.S. fleet, 20 or more of which are in which, in fact, may avoid abortions, of we are here. First, to put forward legis- overnight service. These U.S. passenger which many of my colleagues to the lation that works, the family planning vessels employ thousands of Americans right are so vehemently opposed to, amendment that women negotiated and make a significant economic con- then promote family values and work under the leadership of the gentle- tribution to their local communities. with countries like China and the con- woman from California [Ms. PELOSI] In addition, the owners of these vessels tinents of Africa and South America in and got an agreement to be passed. obey U.S. laws, pay U.S. taxes, and em- promoting family planning. But yet And then, if we talk about tax reform ploy Americans. Instead of repealing the bipartisan amendment that was and tax breaks, go outside these halls the Passenger Services Act, we should worked out was thrown aside and dis- and look at the everyday working be exploring ways to increase the via- carded. Women who have worked on American and tell me that they do not bility and the strength of the American this issue for so long, it was sub- deserve the $500 a year tax credit be- cruise line industry. stituted for by a Republican amend- cause they are a rookie police officer, a I would propose that we put an end to ment that just a couple of weeks ago teacher, a bus driver. our practice of subsidizing foreign had failed badly. Let us get our House in order, and let cruise lines. Mr. Speaker, Americans What is the intent of that? To dash us plan to work so that the legislation are sick and tired of paying over half of the hopes of those who would work that comes out of this House speaks their income in taxes and then letting fairly in this House to pass an amend- the right language, and that is for all big foreign corporations get tax breaks ment that would work fairly on behalf of America and not special interests. and other preferential treatment. of the international community and f The truth is that the foreign cruise support family planning, and, yes, to NATIONAL MONUMENT FAIRNESS lines have powerful lobbyists who have dash the hopes of anyone who would ACT been able to get their ships favorable think that we would work together in a treatment for many years, but the bipartisan manner. How tragic. The SPEAKER pro tempore. Under a American people deserve a change, It is important that this House gets previous order of the House, the gen- they deserve better. itself in order, and I hope that by ris- tleman from Utah [Mr. HANSEN] is rec- It is not going to be easy to fix all of ing today and voting time and time ognized for 5 minutes. our problems and close tax loopholes again to adjourn this Congress the Mr. HANSEN. Mr. Speaker, on Sep- like this one. Opponents will throw up message got out that women stand for tember 18, 1996, President Clinton went every roadblock they can, but the duty something, Democratic women in this out to safety on the south rim of the of the Congress is clear. Congress; we stand for fairness and, Grand Canyon and stood there and de- f yes, we stand for bipartisanship. We clared 1.7 million acres of Utah as a na- stand for understanding that the way tional monument. He had a right to do THIS HOUSE NEEDS TO GET ITS to solve the world’s problem is working that. It is called the antiquity law that BUSINESS IN ORDER together, training people on the way to was passed in 1906, and the reason it The SPEAKER pro tempore. Under a manage their families and to be suc- was passed is Teddy Roosevelt and oth- previous order of the House, the gentle- cessful. ers could see that we were ruining woman from Texas [Ms. JACKSON-LEE] Then, as we proceeded in discussing many of the prehistoric things that is recognized for 5 minutes. this issue called tax reform and tax were around. We were finding all these Ms. JACKSON-LEE of Texas. Mr. cuts, let me also acknowledge that our things that had been there for years Speaker, I think today was one of Republican friends need to get their and destroying them. So he had a right those more unique days in the U.S. House in order. I do not know. For to do that. I do not object to the right. Congress, particularly this House, and some reason it seems that the school- What I do object to is the interpreta- I think it deserves an explanation to teacher and the police officer, the fire tion of the law. The law is very clear. the American people, for the real issue fighter, the bus driver, and the single It says that the President of the United today is that this House needs to get working mother on the Republican tax States will do this for two purposes, its business in order. plan do not deserve to get a tax cut and he will state these purposes. First, I join today on one of the very rare when just 2 years ago, 3 years ago in is to protect the archeological part of occasions with the gentlewoman from 1994, when almost a majority of the Re- it, and another, historic site. This California [Ms. PELOSI] along with publicans signed the Contract on President did not declare either one. many other women in this House, Con- America, they agreed that those who And the next part of the law is the gresswoman PELOSI being the ranking either paid income tax received an key, and it says he shall use the small- member on the Committee on National earned income tax credit; those are the est acreage available to protect that Security, to raise the question of fair- working poor, or paid payroll tax were particular thing—1.7 million acres— ness and the irony that we are sup- deserving of a child tax credit. Today bigger than Delaware and Rhode Island posed to be here to work things out. their memories have faded them. These combined; and no one told us what was Those who might have seen the con- people are not around to lobby, they there, except we know that there was H5452 CONGRESSIONAL RECORD — HOUSE July 17, 1997 tons and tons of coal that is low-sulfur That is a great thing to say to our peo- opportunities for Airbus. We cannot, as coal, high-Btu coal, and what would ple. a free trading Nation, allow this to inure to the children who are educated Anyway, carrying that on, what does stand. Certainly in light of this out- in the State of Utah is 5.6 billion acres; my bill do? The bill allows the Presi- rageous statement, I believe that the money, billions of dollars, excuse me, dent to do up to 50,000 acres, much as President, the State Department, and that would inure to them. Also, a lot of the law originally intended. Over that our Trade Representative must clearly the coal would be exported that would he would have to confer with the Gov- and unequivocally express the dis- help people in other areas. ernor and the legislature of the State, satisfaction of the United States with But the President had a right to do and as the Constitution gives the right the progress of these negotiations, in that. However, when they talk about of the lands of America to this House addition to our intention of taking re- protection, that is a misnomer. There and the House over there, that is what taliatory action if the EC proceeds in is very little protection in the antiq- they would have to do, is go through this wrongheaded direction. uities law. Congress. To make things worse, today Com- Since that time Congress wisely has I would hope people would realize missioner Van Miert determined. The park bill has gone in that this is not an environmental bill noted with satisfaction the fact that the since that time. The National Environ- at all. This is a bill on abuse of the advisory committee grouping the experts of ment Protection Act has gone in. The President’s power, which I think more Member States unanimously shares the Eu- Wilderness Act, the FLPMA Act. All of and more people are coming to realize, ropean Commission’s analysis whereby the these acts, Wild and Scenic River Act, whether they are Republicans or Demo- proposals made by Boeing are not of a kind to dispel the serious doubts expressed by the do this. crats. f Commission regarding the risk that will We go back and we check what other weigh upon competition because of the pro- Presidents have done, President Frank- THE ECONOMIC DISASTER WAIT- posed merger between Boeing and McDonnell lin Delano Roosevelt, President Ken- ING TO HAPPEN IN BRUSSELS Douglas. . .. The commission showed it re- nedy, President Carter, but from time mained serene, and Mr. Van Miert hopes to The SPEAKER pro tempore (Mr. to time some extreme environmental- firmly recall that the Boeing-McDonnell ROGAN). Under a previous order of the ist says we have got to protect this, issue was treated strictly within the frame- House, the gentleman from Washington really not realizing it does not protect work of the Regulation on mergers and that [Mr. DICKS] is recognized for 5 minutes. anything. What it really does is it the Commission analysis was based on tan- Mr. DICKS. Mr. Speaker, I rise today gible facts and figures and not just on a po- takes away the protection of the man- to call my colleagues’ attention to the litical motive of some kind. agement plans of BLM and Forest economic disaster that is waiting to I think Mr. Van Miert should go back Service. happen in Brussels. At this time the and listen to his radio tape in Belgium. So we find ourselves in a position European Commission Merger Task where the President protected nothing, The spokesman then explained that the Force is meeting to discuss the impact Commission will take its final decision on 23 he abused the power of the Presidency, of the merger between two American July. . . in order to leave the relevant serv- he hurt the people of the West, and I companies, Boeing and McDonnell ices time to proceed to authentication of the cannot understand why he would do it. Douglas. The taskforce has as its pur- documents comprising this issue. But he has the right; I would agree view the judgment of whether the I want to point out to my colleagues with that. merger poses any adverse impacts on that Mr. Van Miert says that the Now, I have introduced a bill, which competitiveness in the world aircraft .. . European Commission decision in con- is H.R. 1127, called the National Monu- market. centration matters is legally binding for the ment Fairness Act. What does it do? A But what is happening, Mr. Speaker, parties concerned and means, when it is a lot of people, after he introduced the is that the European members rep- matter of veto, that the merged identity is 1.7 million acres, Senators, Congress- resenting governments who have di- illegal in law. The EC regulation on mergers men, came to me as chairman of that rectly subsidized the European aircraft moreover give the Commission instruments committee and said, ‘‘Well, I don’t consortium Airbus are using these dis- that are apt to dissuade those who do not re- want that to happen to my State. I spect such a decision. In particular, it has cussions to extort trade concessions the power to impose fines up to 10 percent of want a law that takes it away so it from Boeing in order to increase the the cumulated turnover of the parties, or can’t happen,’’ and they name their market position of Airbus. This is daily penalties, as long as the infringement State. truly an improper and unfair manipula- lasts. I think the President should have the tion of the process. So I want to point out to my col- right to do some of these things in a Now that our own Federal Trade leagues, this is a very serious matter, small amount as the law brings it Commission has determined that there one that could result in fines of up to about, so I have introduced this with are no anticompetitiveness problems $4.5 billion against the Boeing Co. and 50,000 acres. He cannot go into these with the merger, it is time for the the seizure of Boeing aircraft overseas. millions and millions of acres for polit- United States to stand firm against the I say to the President and Vice Presi- ical purposes. European Community and demand a dent, members of this administration, b 1600 halt to this travesty. we in the Congress want to support you Until 2-days ago, Mr. Speaker, the in whatever actions are necessary in The nice thing about our President, real intention of the Europeans was order to explain to the Europeans that he was fast to say that he did it for po- thinly veiled by their expression of if they do this, the United States will litical reasons. If we look at the idea deep concern over competitiveness. But retaliate, must retaliate, in order to all the way through it, I have been sub- on July 15, the EC’s Minister of Com- make certain that this merger goes for- poenaing papers from the White House petitiveness, Karel Van Miert, betrayed ward and that we not be blackmailed and the Department of the Interior, what I believe is the true motivation of by the European Commission and Mr. and every one of them says that ‘‘We the EC negotiators, to extract conces- Van Miert. are doing this for political reasons. sions out of Boeing through these Mr. Speaker, I include for the How will this play with the environ- merger talks that would directly assist RECORD an article on the current sta- mental community? How will this play Airbus. with the rich movie stars? How will Two days ago, on the Belgian radio, tus of EC negotiations. The article referred to is as follows: this play with the celebrities? Mr. Van Miert made this statement fol- When they finally decided to do it, lowing the breakdown of the negotia- CURRENT STATUS OF EC NEGOTIATIONS they did not do it in the Oval Office, tions with Boeing: ‘‘We cannot give our Discussions between Boeing and the Euro- they did not do it in Utah, they went to consent unless Boeing makes very seri- pean Commission Merger Task Force have the Grand Canyon, safely in Arizona. reached an impasse. Boeing has offered sig- ous commitments in order to, let’s say, nificant remedies (see Attachment A) to The nice thing about it there is one of also further guarantee the chances of allay the Commission’s concerns regarding the things I subpoenaed said, we do not Airbus in this market in the future.’’ the merger, but the Commission continues to want mainstream Utah there, we want That, Mr. Speaker, is what this cha- demand more. A team of Boeing executives the environmental community there. rade is all about, guaranteeing market and lawyers met around the clock with the July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5453 Merger Task Force from July 11th through The Federal Trade Commission has thor- review. It can acquire jurisdiction only if it July 15th. On July 15th, Boeing appeared to oughly investigated the viability of McDon- attacks the agreements under the competi- have a potential agreement with the Merger nell Douglas’s commercial aircraft business tion rules of Articles 85 and 86 of the EC Task Force, only to have the Merger Task and has concluded that it is not viable and Treaty. However, because of its desire to ob- Force retreat later that day on the issue of that any attempt to divest the commercial tain concessions from Boeing regarding these Boeing’s contracts with American, Delta, aircraft business would further damage the agreements, the Commission has manufac- and Continental. Following the Advisory business and not promote competition. Nev- tured jurisdiction based upon unsubstan- Committee’s meeting on July 16th, Boeing ertheless, the Merger Task Force proposed tiated allegations by Jean Pierson of Airbus was advised that the Commission was re- that Boeing attempt to divest Douglas Air- that the agreements were the result of a con- opening the divestiture issue. craft Company. The Merger Task Force fur- spiracy between Boeing and McDonnell Boeing is concerned that it will be unable ther proposed that if no buyer could be found Douglas to use the merger and Boeing’s re- to reach a successful conclusion to the merg- for Douglas Aircraft Company Boeing would sulting ‘‘dominant’’ position and access to er review. Every time it appears that Boeing be required to shut down the commercial air- McDonnell Douglas customers to force air- is near an agreement with the Commission, craft production lines of Douglas Aircraft lines to enter into such agreements. Thus, the Commission escalates its demands. At and sell the spares business. the Commission is seeking ‘‘voluntary’’ con- the present, the two open issues appear to be So great is the Commission’s zeal to deny cessions as the price of merger approval in- divestiture of Douglas Aircraft Company and Boeing any access to Douglas Aircraft Com- stead of running the risk of losing a competi- modification of Boeing’s existing contracts pany, it is overlooking potential enormous tion case under traditional antitrust rules. with American Airlines, Delta Air Lines and harm to the owners and operators of Douglas Although Boeing’s agreements with its Continental Airlines. aircraft worldwide. Expert analysis submit- three U.S. customers are not properly in- Boeing has repeatedly stated to the Com- ted to the Merger Task Force shows that cluded in the Commission’s merger review mission that it will not consider divesting even an attempt at divestiture of Douglas and are legal under U.S. law, Boeing is will- Douglas Aircraft Company. Divestiture of Aircraft Company or its spares business ing to make significant concessions to the Douglas Aircraft Company will mean its cer- could result in the loss of value of Douglas European Commission regarding, such agree- tain death and the loss of over 14,000 jobs. aircraft in service worldwide of 7–14 billion ments in order to resolve the issue and ob- The Commission’s true objective on dollars. Evidence has also shown that the tain merger clearance. Boeing’s airline contracts was revealed cost of customer support increases when As seen in Attachment A hereto, Boeing when, on July 15th, following the breakdown such support is provided by someone other has offered a 10-year moratorium on such of negotiations, Karel Van Miert stated on than an airframe manufacturer, and the ‘‘exclusive’’ agreements except for those Belgian radio: ‘‘. . . we cannot give our con- quality of such support decreases. campaigns in which another aircraft manu- sent unless Boeing makes very serious com- Not only is the Commission ignoring the facturer offers one first. Boeing has never mitments in order to, let’s say, also further potential adverse impact of a divestiture on gone one step further and offered to modify guarantee the chances of Airbus in this mar- airlines, but it is ignoring EU precedent and its existing agreements to shorten the dura- ket in the future.’’ jurisdiction and comity considerations as tion of the ‘‘exclusivity’’ period to 13 years As reported in the Financial Times, the well. An order by the Merger Task Force re- (the term of Air Bus’ ‘‘exclusive’’ deal with Wall Street Journal and the International quiring divestiture of United States assets in US Airways) and to allow American, Delta Herald Tribune of July 17th, 1997, Mr. Chirac the context of a merger between two U.S. and Continental to become launch customers said on July 16th: ‘‘We strongly support the companies would be unprecedented in the for the A3XX. What the Commission asks Commission on its position on Boeing- history of EC antitrust review and would Boeing to do instead is give up all of its con- McDonnell. It could be extremely dangerous violate principles of jurisdiction and comity. tract rights and allow the airlines to keep all for Europeans.’’ Boeing has repeatedly stated to the Merger of theirs. Similarly, Mr. Rexrodt, Germany’s eco- Task Force that it would not attempt to di- Spillover nomics minister is reported to have said that vest any portion of the McDonnell Douglas Notwithstanding the existence of the 1992 concessions offered by Boeing were ‘‘clearly commercial aircraft business because of the not enough’’. Bilateral Agreement between the DU and potential harm to world’s airlines and the U.S. relating to commercial aircraft sub- Boeing is now faced with the proverbial adverse impact such an attempt would have Hobson’s choice of agreeing to divestiture sidies, the Commission has repeatedly tried on the over 14,000 employees of Douglas Air- to extract concessions from Boeing in the and, effectively, kill Douglas Aircraft, craft Company. Boeing has instead offered capitulating to the Commission’s demands area of government-funded research and de- significant structural and procedural rem- velopment contracts. It has also insisted on that Boeing abandon its airline contracts or edies (see Attachment A) that address the simply walking away from a merger which extracting concessions from Boeing that Commission’s particular concerns regarding would impair its ability to deal with its sup- has received the unqualified endorsement of ‘‘leveraging’’ without having a devastating the Federal Trade Commission. pliers. impact on Douglas Aircraft Company’s cus- The Commission’s articulated concern is as BOEING’S REMEDIES PROPOSALS tomers, suppliers and employees. follows: by acquiring McDonnell Douglas, Douglas Aircraft Company Exclusive Agreements Boeing will become bigger and therefore The Commission has repeatedly asserted From almost the very beginning of the more ‘‘dominant’’. In addition, the acquisi- that Boeing’s share of the commercial air- Commission’s merger review, the Airbus tion of McDonnell Douglas would increase craft market would jump from 60% to 84% Member States and Karel Van Miert have as- Boeing’s resources in the area of Dodd and upon the acquisition of Douglas Aircraft serted that the merger could not be approved NASA research and development contracts. Company and that Boeing’s position as a unless Boeing terminated its ‘‘exclusive’’ The Commission has demanded that Boe- ‘‘dominant’’ player in the commercial air- agreements with American, Delta and Con- ing hold its commercial and defense busi- craft market would be enhanced. Once again tinental. nesses separate. This would, of course, de- the Commission is manipulating facts to fit The agreements are between a United prive the U.S. Government of the benefits of a predetermined result. To achieve the 84% States airplane manufacturer and United the application of commercial technology to market share figure, the Commission in- States airlines and are unrelated to the defense programs. The Commission has also cluded all of Douglas Aircraft Company’s in- merger. The three ‘‘exclusive’’ agreements demanded that Boeing license its patents to stalled base. This includes aircraft delivered essentially provide the customers significant Air Bus. up to 30–50 years ago! Douglas Aircraft Com- price protection and order flexibility over a Boeing has attempted to address the Com- pany’s share of the commercial aircraft mar- 20 year period in exchange for a sole supplier mission’s concerns by offering certain rem- ket in 1996 was 3.8%. Since the merger an- relationship with Boeing. Were the exclusiv- edies in the area of suppliers, reporting of nouncement in December, 1996, Douglas Air- ity clauses not present, Boeing would have government research and development con- craft Company has booked orders for a total required much larger firm orders from the tracts and patents, as set forth in Attach- of 7 aircraft, all of which were announced be- airlines to compensate Boeing for its risk. ment A. To offer any further remedies would fore the merger announcement and 5 of The airlines are therefore receiving the bene- interfere with the 1992 Bilateral and would which are leased freighters. fits of very large orders without the finan- seriously impair Boeing’s ability to conduct The Commission has argued that Boeing cial risk. its business. may be able to leverage the Douglas Aircraft The Federal Trade Commission has thor- installed base into additional sales of Boeing oughly reviewed the existing ‘‘exclusive’’ BOEING RESPONDS TO EUROPEAN COMMISSION aircraft. The Commission has not put for- agreements and has found no basis to chal- RECOMMENDATION ward any evidence to suggest that this would lenge them under U.S. law. While the Fed- SEATTLE, July 16—The Boeing Company be the case and in fact, evidence suggests the eral Trade Commission’s July 1, 1997 decision today was informed that the Advisory Com- contrary. If the Douglas installed base were evidences concerns regarding such agree- mittee of the European Commission’s Merger so valuable, why is Douglas failing? If the ments, the concerns relate only to the degree Task Force has recommended that the pro- Fokker installed base were valuable, why did of foreclosure of the market that may result posed merger between Boeing and McDonnell one of the Airbus partners (Daimler Benz) from future additional ‘‘exclusive’’ agree- Douglas Corp. not proceed because remedies sell Fokker’s spares business and why didn’t ments. offered by Boeing were not sufficient. another airframe manufacturer surface as a The Commission does not have jurisdiction In particular, Boeing and the Commission potential buyer? over the ‘‘exclusive’’ agreements in a merger have not been able to resolve the issue of H5454 CONGRESSIONAL RECORD — HOUSE July 17, 1997 combining McDonnell Douglas’s commercial I myself, I am the youngest in my The war in the Pacific turned for the airplane business with that of The Boeing family, and every one of my siblings worse for the Japanese occupiers, and Company, and the issue of so-called ‘‘sole- was born either during the Japanese in the final weeks as the pre-invasion source supplier’’ agreements that Boeing en- occupation or during the 1930’s. I think bombardment by American planes and tered into at the request of its U.S. airlines customers. almost everybody from Guam, cer- ships signaled the beginning of the end ‘‘We are extremely disappointed because tainly of course who was born on for them, the atrocities likewise esca- Boeing submitted to the Commission a series Guam, has a very clear and direct con- lated. of significant remedies designed to address nection and strong family history with Forty-six Chamorus in the southern all of the Commission’s concerns and to pro- respect to this dramatic experience of village of Malesso were herded into tect the interest of our airline customers, the Japanese occupation. caves and were summarily executed by suppliers, and the more than 200,000 employ- My purpose here is not to reopen the enemy throwing hand grenades ees of Boeing and McDonnell Douglas,’’ said wounds, but rather to heal the wounds into the caves and spraying the caves Boeing Chairman and Chief Executive Officer Phil Condit. of the people. The people of Guam will with rifle fire and machine gunfire. Mi- In addition, Condit noted, ‘‘The issues that have a compelling case to make before raculously, some of them survived by the Commission has raised already were ana- their Federal Government, and of a pulling the bodies of their fallen fellow lyzed in an extensive review by the U.S. Fed- Federal Government that seems un- villagers over themselves to protect eral Trade Commission, which approved the willing to hear this story and unwilling themselves against the rain of shrapnel merger, without conditions, on July 1.’’ to correct the injustices committed and bullets, and also to hide the fact ‘‘It is our hope,’’ Condit added, ‘‘that once against the people of Guam in World that they were still alive. our remedies are reviewed by the full Com- mission, prior to July 23, that the Commis- War II. Louisa Santos called on me in 1992. sion will find in favor of the merger and in I want to make it clear that from my She was a survivor of this. She asked favor of free and fair competition.’’ chronicling of this, it is not meant to me never to let this country forget f cast any doubts about the nature of the what happened on Guam, and to prom- liberation, or to even cast aspersions ise that I would do everything I could THE GUAM WAR RESTITUTION ACT about the nature of the Japanese peo- to tell her story, and to tell the story The SPEAKER pro tempore. Under ple. We all know that World War II was of the people of Guam. She survived the Speaker’s announced policy of Jan- a terrific world conflagration. But I do the massacre in Malesso, bore the scars uary 7, 1997, the gentleman from Guam want to take the opportunity to ex- of that massacre and the shrapnel in [Mr. UNDERWOOD] is recognized for 60 plain the experience of this unique is- her back and on her feet, and every minutes as the designee of the minor- land and this unique group of people. time she walked, with every step, she ity leader. The central point, as I have indi- was reminded of that nightmarish ex- Mr. UNDERWOOD. Mr. Speaker, this cated, is that Guam, only Guam, was perience on Guam. I am sad to report is the last opportunity that I will have the only American territory occupied that she died 3 years ago. to speak on the issue of Guam’s libera- in World War II; not the Philippines, In the capital city of Agana another tion before its 53d celebration on Mon- which although it was an American group of Chamorus were rounded up day, July 21, 1997, which will be the 53d territory at the time, was promised its and one by one executed by beheading anniversary of the liberation of Guam independence long before the outbreak and mutilation by swords. Miracu- from the hands of the Japanese occupi- of World War II, and in fact became lously the story of one very brave ers when the marines landed on the independent in 1946; and not the Aleu- woman, Beatrice Flores Emsley, who beaches with the help of the 77th tian Islands, as I have indicated, which was 13 years old at the time, stood to Army. was also occupied by Japanese soldiers, bear witness as she survived an at- What I would like to do is to tell a but whose inhabitants were evacuated tempted beheading. little bit about the story about Guam, by the military prior to the onset of Mrs. Emsley, before she died 2 years and some legislation that I have intro- hostilities. ago, bore the long scar down the side of duced today to help rectify an egre- From the invasion day of December her neck where a sword struck her. She gious error, an egregious error that 10, 1941, when the Japanese landed on fainted after being struck and awoke 2 may be made about the experience of Guam to what we celebrate on Guam as days later with maggots all over her the people of Guam. Liberation Day, July 21, 1944, Guam neck, but thankful to be alive. Mrs. The people of Guam experienced was the only American soil with Amer- Emsley, of course, stood as the best something that is very unique in the ican nationals occupied for 32 months. spokesperson for the experience of the American framework. It was the only It has now been 53 years since the lib- Chamoru people during World War II. American territory with civilians who eration of Guam, and if anything, time Thousands of Chamorus, every single lived on it that has been occupied by a has not meant that all is forgotten or one of them, not hundreds but thou- foreign power since the War of 1812. forgiven, not until there is some meas- sands, were forced to march from their During World War II the Aleutian Is- ure of national recognition of what villages in northern and central Guam lands of Attu and Kiska were occupied happened to our fellow Americans on to internment camps in southern Guam by the Japanese, but prior to that the Guam, and how the Federal Govern- before the weeks before liberation. Ev- civilians on those islands were evacu- ment failed to make them whole and eryone marched, old people, old men ated by the military. right the wrongs of the occupation. and women, newborn babies, children In the case of Guam, what we had The occupation of Guam was espe- and the sick, they were marched to in- was approximately 20,000 native Gua- cially brutal, for two reasons. First of ternment camps in Manengon, the larg- manians, better known as Chamorus, all, the Japanese were occupying est one of all, where they awaited their who were at that time considered U.S. American territory with American na- fate for the next few weeks, and many nationals. They were not aliens. They tionals whose loyalty to the United did not live to see the liberation. were non-U.S. citizens, but they were States would not bend; and second, the Many did not live, but their brothers considered U.S. nationals. Of course, Chamorus, the indigenous people of and sisters, and most importantly, Guam was an American territory. They Guam, dared to defy the occupiers by their children and grandchildren, sur- endured some 32 months of Japanese assisting American sailors who hid and vived, and their fellow Chamorus sur- occupation. who evaded initial capture by the vived, again to bear witness to these The reason I tell this story is to cele- enemy by providing food and shelter to atrocities. In their final acts of retribu- brate not only the heroism of the the escapees. tion against the people of Guam the American marines and soldiers and In the final months of the occupa- Japanese occupiers inflicted a violence sailors who did so much to liberate the tion, just before the marines landed in against our people that cannot easily island from the hands of the Japanese, July 1944, the brutalities increased. be forgotten. but also to draw attention to the expe- Thousands of Chamorus were made to The Catholic high school for young rience of the people that I represent, perform forced labor by building de- men in Guam, Father Duenas Memorial the people of Guam, the experience of fenses and runways for the enemy. Oth- School in Tai, bears witness to the the elderly generation of Guam. ers were put to labor in rice paddies. courage of one young priest who in the July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5455 last days before liberation was also be- citizens just 1 year earlier, on August of congressional intentions. During the headed as revenge for the occupiers’ 1, 1950, by virtue of the Organic Act, a battle to liberate Guam, over 80 per- frustration in not capturing the lone citizenship that was granted to the cent of the buildings were destroyed. American sailor who had evaded their people of Guam largely because of their The city of Agana and the second larg- grasp with the aid of the Chamoru peo- demonstrated loyalty to America dur- est city, Sumay, were completely anni- ple. ing the occupation, was given in 1950. hilated. Once the island was secured, Guam b 1615 And the peace treaty in 1951 waived all their rights for filing war claims became the forward operating base for The memory of this young noble against the Japanese a year later for the subsequent invasions of the Phil- priest lives on as the high school an experience that occurred in the pre- ippines, Iwo Jima, and Okinawa. Over named in his honor stands witness to vious decade. 45 percent of the land mass was ac- his courage. Against this backdrop of The historical events surrounding quired for this wartime effort, and over terror the liberation of Guam began on the signing of this treaty of peace cre- 200,000 military personnel came to July 21, 1944. ates a compelling argument that the Guam to prosecute the war against On that fateful day, if we can think Federal Government, including the Japan. The Chamorus, numbering only back historically, two groups of people U.S. naval government of Guam at the about 20,000, were temporarily housed came together. One was in uniform and time and the U.S. Congress, failed to in refugee camps. To their credit, the the other was in rags; one used weap- address the circumstances of the Amer- Chamoru people did not complain. In ons of war and the other used tools for icans on Guam and allowed a situation fact, they helped the military in every survival. One came in from the sea and to develop over the years where justice way they could to help defeat their the other came down from the hills; was delayed and ultimately denied. The former oppressors. and one left their families behind while bitter irony is that the loyalty of the In the report of the War Claims Com- the other tried to keep their families people of Guam to the United States mission with respect to the war claims together. One liberated the island from has resulted in Guam being forsaken in arising out of World War II, it stated without, while the other liberated the the determination of war reparations. that no organized program for recon- island from within. Did the Federal Government simply struction of damaged or destroyed ci- In their meeting the great historical forget what happened on Guam? Unfor- vilian facilities had been undertaken. drama that Guam alone could play in tunately, the answer is not that Guam In asking Congress to revisit this World War II came to pass, as Amer- was forgotten at all, but that at criti- issue at this particular time, I want to ican soil was liberated from enemy cal moments when Congress dealt with point out a couple of items. When Con- hands and as American marines and the issue of war reparations for all gress passed the Guam Meritorious American soldiers were united with Americans during World War II, like Claims Act in 1945, it established a American civilians held captive in in- the case of civilian nurses who were mechanism where if you made a claim for more than $5,000, you had to go to ternment camps on American soil. captured in the Philippines or civilian Washington to personally adjudicate The battle-hardened American serv- Americans who were interned in Japan, the claim. You had 1 year in which to icemen, many of whom I have met over those situations were attended to. file and complete a claim. When and if the years, came to Guam concerned Whenever Congress attended to those you had a claim for personal injury or about meeting a determined enemy; issues, Guam’s unique situation es- death, and I just mention that many but these men soon came to understand caped the attention of lawmakers in people were killed and/or beheaded, you the special nature of this battle this body. amongst all those battles in the Pacific In fact, the record does show a delib- could not adjudicate that as other than a property claim. war, indeed amongst all the battles of erate attempt by Congress and the Despite those three defects, the peo- World War II. This was a reoccupation. Navy to address the reparations issue This was retaking what once was lost ple of Guam were allowed only 1 year’s and to do right by the people of Guam opportunity to address these claims. and what was once American. for their wartime loyalty. That they When that was completed in 1948, the As the young marines and the sol- fell short in their attempts is the cause Congress passed a broader war claims diers saw our people coming down from for our efforts to seek redress 50 years act which included all Americans and the hills, they broke down and openly later. This is not a case of a people be- American nationals who were interned wept as they saw Guam’s children latedly asking for something that they by the Japanese and other enemies dur- emerge from the hills carrying hand- are not entitled to by justice or design. ing the war. In 1962, due to defects in made American flags, and as they saw It is a case of the law falling short in that law, this law was again changed. Guam’s old men and women emerge the goal of making Guam whole after Neither the 1948 law nor the 1962 law from the internment camps clutching the war, and of Congress neglecting to included the people of Guam. rosaries and thanking young liberators address the issues that were raised by Here is the anomaly. My grandfather, for their deliverance from certain its own War Claims Commission. James Holland Underwood, who was death. What Congress did was, they recog- originally from North Carolina, was The story of these people cries out nized right after the war, 1945, they taken and was interned as an American for attention and certainly understand- recognized the devastation and the dra- civilian in Japan. As a result of the ing. The story has a dimension of un- matic and urgent need for rehabilita- 1948 War Claims Act, he received a war finished business to it, of an injustice tion. And on November 15, 1941, Con- claim for his internment by the enemy. that must be corrected and of a legacy gress passed Public Law 79–224, which His wife, my grandmother, and all of loyalty that has been tarnished by is known as the Guam Meritorious their children who were also interned the neglect of some Federal officials; in Claims Act. This was supposed to grant by the Japanese could not receive any the aftermath of liberation, a grave in- immediate relief to the residents of claim under the 1948 or the 1962 law. justice that to this day, 53 years later, Guam by the prompt settlement of So you have the anomaly here where has yet to be undone. meritorious claims. The following you have one group of Americans who The Treaty of Paris, the treaty of year, 1946, Congress also passed the were attended to by two separate ac- peace with Japan signed on September Guam Land Transfer Act, Public Law tions of Congress, while you had one 8, 1951, by the United States and 47 Al- 79–225, and the Guam Rehab Act, 79–583. war restitution law that was dealt with lied powers, effectively precluded the While the Guam Meritorious Claims by the people of Guam in the Guam just settlement of war reparations for Act became the primary means of set- Meritorious Claims Act for 1 year. the people of Guam against their tling war claims for the people of It has been a great tragedy, and in former occupiers, against the Japanese. Guam, the Guam Land Transfer Act the course of dealing with that the De- In the treaty the United States waived provided a means for exchanging land partment of the Interior created what all claims of reparations against Japan for resettlement purposes. Unfortu- was known as the Hopkins Commission by United States citizens. nately, conditions on Guam in 1945, in 1947; came out, studied the situa- Consider how ironic this situation is, which was thoroughly devastated, in tion, made a series of recommenda- in that the people of Guam became 1946 did not lend themselves to the best tions and clearly indicated that in the H5456 CONGRESSIONAL RECORD — HOUSE July 17, 1997 case of Guam, the Guam Meritorious erators who came. And the liberators only U.S. territory that is on the other Claims Act was clearly inadequate. who came numbered many who have side of the international dateline in So here we are, some 53 years later, served in this body and in the other which military facilities exist. addressing the same issue. This issue body, most notably Senator Howell As the dynamics of power has shifted could have been resolved had Guam Heflin of Alabama, who was wounded in Asia, the United States no longer been included in the 1948 law or had on Guam, and Gen. Louis Wilson, who has military facilities in the Phil- Guam been included in the 1962 revi- received the Congressional Medal of ippines and, increasingly, the U.S. sion of that law. But in both instances, Honor and who later on became Com- forces in Japan, particularly in Oki- Guam was not included. Guam had no mandant of the Marine Corps. nawa, are always under a great deal of representative in this body until 1972, b 1630 criticism by some of the local people so there was not adequate opportunity and even in Korea. for any elected representative of the is- In fact, last week I laid a wreath at So we have a situation where the land to present their case in front of the Tomb of the Unknown Soldier with United States military and the United this body when the issue came to sur- the current Commandant of the Marine States’ interests, which are projected face during 1948 and 1962. Corps, General Krulak, in recognition into the Asia-Pacific theater, Guam’s All of this is not meant to cast any of the work and the relationship that I role in that is enhanced by the whole doubt or to lessen the intensity of the think the people of Guam have with changing dynamics of the area, yet the feelings of the people of Guam on Lib- the United States Marine Corps as a re- Department of Defense has taken a eration Day. Liberation Day on Guam sult of this war experience. couple of steps which really the people is still by far the largest single holi- But the war experience is still unre- of Guam have interpreted as hostile day, widely celebrated. Schools are solved, and so I call upon Members of steps. out. The government is closed. Busi- this body to cosponsor the legislation. To discuss one, just to briefly touch nesses are closed. The greatest parade Let us do something that should have on it, last week, July 10, the Depart- of the year occurs on that day. And been done before. ment of Defense announced that they when the Marines go marching by, you We have an enormously ironic situa- were pulling out of the Guam school will hear the greatest cheer for the Ma- tion, where we have a people who could system and establishing their own De- rines that you will ever hear in any have submitted claims against the Jap- partment of Defense school. They are community throughout the world. anese Government but they were de- in the process of establishing this So there is a great deal of affinity clared citizens 1 year before the peace school system, which is destined for and a great deal of love and recognition treaty between Japan and the United opening in October of this year, despite for the military and their efforts dur- States, although that peace treaty oc- the fact that I and other Guam officials ing World War II. And the people of curred 6 years after the war. had been reassured that if they took Guam in their experience and in their So we have in the instance, for exam- this step, it would not happen until devotion to the flag that stands behind ple the Philippines, which was Amer- 1998 so that we could, hopefully, work me are, I think, unmatched in the ex- ican territory, we had the Congress out some problems and disagreements. perience certainly during World War II giving the Philippines $390 million for But here the Department of Defense as the only community that was held the war experience, and then the Phil- has decided to unilaterally pull out and occupied by a foreign enemy. ippines, as an independent country, their students from the Government of But we still have this issue. And so also claiming war restitution from Guam schools. today I have dropped in the bill, the Japan and receiving it. And in both in- This is really the first time in my ex- Guam War Restitution Act, and I am stances the Philippines deserved it. perience, and we have discussed this happy to report that I have several, But in the case of Guam, we have the with a number of people, where a De- very many cosponsors on this. Basi- instance where they are denied the op- partment of Defense school has been cally, what it does is it allows for the portunity to make claims against established in opposition to the wishes payment of war claims of $20,000 for a Japan and, by any Federal official who of the local community. It may sur- death, $7,000 for an injury, and $5,000 has studied the situation, clearly inad- prise some people to know that there for forced march or forced labor or in- equate opportunity to make claims are Department of Defense schools in ternment. against the U.S. Government. the 50 States, but usually it is done Most of the people who were injured I want to point out that in the nego- within the context of collaboration and or experienced forced labor, forced tiation of the Japan-U.S. peace treaty cooperation with the local community. march, or internment have regrettably and in the reporting of this peace trea- Now, the net effect of pulling these already passed on, so they will not get ty to the Senate, Secretary of State military dependents out of the Guam any awards. And their descendants will John Foster Dulles clearly indicated, schools is to change the racial com- not get any awards, either, because in in response to a question, that if any position. It will have an effect on the the context of providing legislation American citizen has a legitimate war ethnic composition of the kids who at- like this, the only money that could reparations claim that, as a result of tend schools on Guam. actually ever go to an heir of someone this treaty, that war reparations claim This action was taken at the same who experienced this was in the case of should not be directed to the Japanese time or nearly the same time, 4 days a death. Government, it should be directed to ahead, of the first meeting of the Presi- So in the case of Guam, these issues the U.S. Government. dent’s One America Commission; to still remain unresolved, and they still So in light of all of that history, I have one America. The President has tug at the heart strings of those of us call upon the people of this House to created a commission to improve the who have heard all of the stories and cosponsor this important legislation racial climate of the United States and for many of the people of Guam who and to honor this very unique and pow- to bring the people of the United personally experienced the hardships. erful story about how a small group of States together and to make sure that It is really important to understand people endured much in the name of we openly acknowledge our racial and the context in which the people of the flag that stands behind me, and ethnic differences and that we can do Guam feel this. Every family has a re- whose faith that America would return so in a climate of trust and mutual lationship to the war experience which never wavered and who indeed suffered support. is at once powerful and inspiring at the much. At the same time that the President same time that it is disheartening and Now, I want to bring this story up to announces this initiative and the first sometimes a little debilitating. the present day, and I want to bring it meeting of this commission is held But, nevertheless, the war experience up to the present day because it is here in Washington, D.C. on July 14, stands as powerful testimony to the ca- bothersome. Guam, today, is a vital just a week earlier the Department of pacity of the Chamoru people to sur- part of the projection of American Defense is creating a separate school vive and their ability to survive under power in the Asia and Pacific part of system on Guam. some very difficult circumstances, as the world. As the dynamics of the This always begs the question wheth- well as powerful testimony to the lib- world has shifted, Guam remains the er people in the Department of Defense July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5457 see Guam as part of America rather it, and for sure they would not do it in speaks, people listen. When the Fed is than as ‘‘us and them’’ or as some, per- this way. about to make some sort of monetary haps, overseas foreign area. Of course, This is not the way to treat a com- decision, the world stops and watches. it is not, but if they continue to behave munity that has been tested by war, That is because the Federal Reserve this way, they are really threatening that has not only evidenced its loyalty System is comprised of powerful ex- civilian-military relationships on the in the context of World War II, but perts whose influence affects anyone island. most people who have a great deal to who makes and spends money. To add insult to injury on this, the do with the military know the fine Some people think the Federal Re- Department of Defense has announced record of many young people from serve’s primary purpose is to conduct that no local teachers can be hired for Guam in the military. Guam had the monetary policy. Little do they know their DOD schools, but they would be highest per capita casualty rate of any that only 1,600 of the Fed’s 25,000 em- happy to hire local custodians or other jurisdiction during the Vietnam con- ployees are working in monetary pol- people to work in the schools in a less flict. So everybody knows the record of icy. The rest are employed in unrelated than professional capacity; and that the people of Guam in the context of services, such as the transportation of while no locally hired civil service em- service to this country and in the con- paper checks. ployees can attend these DOD schools, text of the hardships that sometimes The Fed pays $36 million for this State-side hires, State-side hired civil war imposes on people. And the people service, of which $17 million is a Gov- service employees will be able to at- of Guam have responded well. ernment subsidy. This money, taxpayer tend these DOD schools. But now, when there are times of money, could be used to reduce the So the bottom line on these actions peace and there are times of content- debt. is not to build connections and bridges ment, their peaceful existence is again b 1645 between communities, but certainly disturbed not by foreign enemies but has the net effect of not only building by a series of misguided planners in the The Federal Trade Commission staff more gaps between the communities Department of Defense. said in a 1990 report that these sub- but certainly is not keeping faith with I ask officials at the Department of sidies drive out private competition the experience that I described on July Defense, and I call upon them, espe- and innovation. 21, 1944. cially those who are responsible for My bill would end this subsidy. It is In addition to this, BRAC, in 1995, de- projecting American power in Asia and time to ask why a giant Government cided to close down some facilities on the Pacific, to seriously consider the bureaucracy is subsidized to run some- Guam, and many military planners ramifications of their actions on what thing that the private sector can run have now acknowledged that that was was formerly a very good and solid re- far more efficiently. probably not a very wise decision, but, lationship between the civilian and I come before my colleagues tonight inevitably, in any event, it has oc- military communities on Guam. to point out another area of this pow- curred and the people of Guam are try- On Guam this relationship is a three- erful Government bureaucracy that has ing to recover from this. not received enough scrutiny, the Fed’s In addition to this, the Navy an- legged stool. This relationship is found- ed upon the economic value of the mili- fleet of 47 airplanes that ferries can- nounced earlier this year that they are celed checks back and forth across the conducting two A–76 studies on their tary presence to Guam, on the fact that our kids go to the same schools, country Monday through Thursday. military facilities to determine which Since 1980, the Monetary Control Act civilian jobs can be privatized or let and the fact that we have a peaceful land resolution process. The one on has required the Fed to extend these out on a contractual basis. And the two check-clearing services beyond its bases that they picked were in Pensa- land is a little wobbly, the one on schools has been fractured, and now member banks to all depository insti- cola and on Guam. tutions at prices without a subsidy. It is hard for me to understand why DOD is carefully sawing off that other The purpose of the Monetary Control they would identify, in addition to the one as we speak. I ask them to take Act of 1980 was to make sure that pri- BRAC decision, in addition to all that these words very seriously. vate companies could compete with the has gone on, they identified in January And I call upon the Members of this Federal Reserve on a level playing field of this year some 1,100 jobs as being institution to take a serious look at in providing services to the banking in- analyzed for privatization. They said the people of Guam’s experience during dustry. But the Fed, to this day, insists they did this after exhaustive study World War II. I know there are many on subsidizing its paycheck transpor- and careful analysis and understanding people who are watching, particularly tation as long as it makes up the cost that this would not affect the readi- those who were veterans of the con- somewhere else in its operation. ness, but, of course, not considering flict, of any conflict in the Pacific dur- The Democratic staff of the Commit- how it would affect those 1,100 loyal ing World War II, who know about the tee on Banking and Financial Services civil service workers. viciousness and the brutality of war, Just yesterday they wrote a letter, as and who know about the viciousness conducted a 2-year investigation of the required by law, to officials of this and the brutality of the battle on Fed’s check-clearing practices and de- body and to officials of the administra- Guam and who remember those events termined that, as of 1997, $17 million of tion announcing that they are adding fondly. the $36 million used to run the program another 534 jobs for this careful analy- I think the people of Guam deserve is subsidized by you and me, the Amer- sis, which leads me to believe that the the recognition on July 21 and that, in- ican taxpayer. first analysis was probably not all that deed, all of the liberators, all of the In effect, we are subsidizing an ineffi- careful. men who participated in the liberation cient, overgrown operation that the But here is the kicker. The kicker is of what once was an American terri- private sector could provide at a lower that this is only applied to Guam. It is tory prior to the invasion of the Japa- cost and with better results. If this op- not being applied to other locations. nese deserve all of our honor and our eration cannot be run more efficiently, And when the people from Guam are attention and we should make good on the Government should check out of only represented in this fine institu- that experience. the check transportation business and tion by a nonvoting delegate, and they f concentrate on helping Americans have no representatives in the other make money, not waste it. body, and they represent a fairly small FEDERAL RESERVE EXERTS I recently introduced a bipartisan population, they always ask them- POWERFUL INFLUENCE bill with my colleague the gentleman selves the question: Would the Navy do The SPEAKER pro tempore (Mr. from Washington [Mr. METCALF]. This this in Virginia? Would the Navy do ROGAN). Under a previous order of the bill would end this subsidy and require this in Florida? Would the Navy do this House, the gentlewoman from New the Federal Government and the Fed to in California? And, most importantly, York [Mrs. MALONEY] is recognized for operate on a level playing field with would they do it in this way? 5 minutes. the private sector. I think, clearly, the answer is, prob- Mrs. MALONEY of New York. Mr. As we enter the 21st century, with all ably not. They probably would not do Speaker, when the Federal Reserve the revolutionary changes, it is bad H5458 CONGRESSIONAL RECORD — HOUSE July 17, 1997 public policy and downright foolish to Since 1974, the United Nations has green line. The almost 200,000 Greek subsidize the Fed’s transportation of stationed over 1,000 troops on the is- Cypriots who were expelled from their paper checks. Competition and free en- land to prevent violence from spread- homes must have the opportunity to terprise will provide lower prices and ing throughout Cyprus. Yet the vio- return home. We must know what hap- wider consumer choices in the provi- lence has not abated. I strongly sup- pened to the 1,614 Greek Cypriots and 5 sion of banking service. port U.N. Resolution 939, which calls Americans which were seized by Turk- Support our bipartisan bill, the Effi- for a bizonal, bicommunal single state ish troops and remain unaccounted for cient Check Clearing Act of 1997, H.R. of Cyprus. However, I submit we will to this day. 2119, and help bring our Nation’s not achieve this goal by maintaining The pain of some of my constituents central bank into the 21st century. the status quo. in Astoria, Queens, whose beloved fam- f I yield at this time to my colleague, ily members are still missing, must be the gentlewoman from New York [Mrs. put to rest. On this issue, there can be GENERAL LEAVE MALONEY]. no compromise. We will never give up Mr. BILIRAKIS. Mr. Speaker, I ask Mrs. MALONEY of New York. Mr. the demand to know the fate of people unanimous consent that all Members Speaker, I thank the gentleman for like Chrisaci Loizoi, Andrew Kassapis, may have 5 legislataive days to revise yielding. and George Anastasiou. We must have and extend their remarks on the sub- Mr. Speaker, once again, as I have them accounted for. ject of my special order today. every year that I have been a Member I have many constituents who do not The SPEAKER pro tempore (Mr. of Congress, it is my honor and sad know what happened to their brothers, ROGAN). Is there objection to the re- privilege to stand with the gentleman their fathers, their sisters, their moth- quest of the gentleman from Florida? from Florida and remember and com- ers. For all they know, they are still There was no objection. memorate the 23d anniversary of the suffering in some brutish Turkish pris- f 1974 illegal Turkish invasion of Cyprus. on. Human decency demands an ac- The continued presence of Turkish THE INVASION OF THE REPUBLIC counting. troops represents a growing violation Over the past few years, we have wit- OF CYPRUS of human rights and international law. nessed tremendous changes around the The SPEAKER pro tempore. Under On the positive side, I am pleased world: The fall of the Berlin Wall, the the Speaker’s announced policy of Jan- with the success that the gentleman in beginning of steps in the Middle East uary 7, 1997, the gentleman from Flor- Florida and I have had in the forma- toward peace, and the end of apartheid. ida [Mr. BILIRAKIS] is recognized for 60 tion of the Congressional Caucus on It is my sincere hope that soon we will minutes as the designee of the major- Hellenic Issues last year. We now have be able to add Cyprus to that list of ity leader. 62 Members from both parties and from places where peace and freedom have Mr. BILIRAKIS. Mr. Speaker, once all regions of the country. Democrats, triumphed. again, it is my sad privilege to address Republicans, liberals, and conserv- I would like to bring to the attention the House to remind all of America of atives have all joined together to pur- of my friend, the gentleman from Flor- the invasion of the Republic of Cyprus. sue our common objectives of justice, ida [Mr. BILIRAKIS], and to other Mem- As we know, 1997 is the 23d year of di- human rights, and stronger ties be- bers of Congress that there will be a vided rule on the island; 1997 has also tween the United States and its strong meeting and concert in Bryant Park, been hailed as the year of Cyprus. Al- democratic allies, Cyprus and Greece. located in Manhattan, NY, this coming though I am greatly saddened that the Earlier this year, many of the mem- Friday to further observe the invasion northern portion of the island remains bers of the Hellenic Caucus joined us in of Cyprus. occupied by Turkish troops, on this signing a letter to the President to In closing, Mr. Speaker, I really have map here, actually, this is called the stop the sale of Seahawk helicopters. to commend the gentleman from Flor- green line, and in actuality, in order to We were successful. No helicopters ida [Mr. BILIRAKIS], my friend and col- see it better, we have it colored in blue were sold to Turkey. Over the last league from the other side of the aisle, here and you can see that the northern week, U.S. Secretary of State Mad- who has worked extremely hard on this part of the island is separated from the eleine Albright mitigated a nonaggres- issue. Both of us have visited Cyprus southern portion. sion pact with the Foreign Minister of and we have seen firsthand the green I do remain hopeful and optimistic Greece and the Foreign Minister of line that separates this country; and that we are 1 year closer to a just solu- Turkey. we both hope that in the coming talks, tion. It is imperative, Mr. Speaker, Now that Greece and Turkey have this line will be erased and that finally that we continue to build upon the come to a peaceful agreement, it will there will be peace and justice in Cy- progress that was made during 1996, re- allow the focus to be concentrated on a prus. ferred to in some quarters as the year more peaceful solution, hopefully, in Mr. BILIRAKIS. Mr. Speaker, I of the big push. Cyprus. Last weekend, the President of thank the gentlewoman from New The divided island of Cyprus is cer- Cyprus, Glafkos Clirides, and the Turk- York [Mrs. MALONEY]. I dare say that tainly ready for peace. There are fami- ish Cypriot leader, Rauf Denktash, met there are not many people, within or lies who are certainly ready for an- in a first round of U.N. talks, and they without Congress, who have put more swers as well. They want answers to have agreed to a second round of talks time into this issue on behalf of those what happened to their loved ones who in August. great people, and I thank her so very disappeared 23 years ago during the The appointment of Richard much. It is such a pleasure and honor Turkish invasion. Holbrooke as United States special to work with her on this issue and so To this day, there are still five Amer- envoy to Cyprus shows the United many others. ican citizens among the 1,619 people States’ commitment to a settlement in Continuing with my remarks, Mr. still missing from the invasion. These the region. In fact, he met with both Speaker, last year some of the worst families want to end sleepless nights of sides this past Monday. I am pleased to human rights abuses occurred on the wondering whether or not their loved be an original cosponsor of House Con- island since the Turkish invasion. Four ones are still alive. Hopefully, these current Resolution 81, introduced by unarmed Greek Cypriots and one un- questions will be answered and these the gentleman from New York [Mr. armed Turkish Cypriot were shot and families will finally be given peace of GILMAN], that calls for a United States killed while protesting the division of mind. initiative seeking a just and peaceful the island. Nearly 100 protesters and 14 Our ultimate goal should be peace for resolution in Cyprus. U.N. peacekeepers were injured all citizens of Cyprus. However, peace I am hopeful that we will reach a throughout the year, as well. will not come without the strong and peaceful solution soon, but it must be a We ask ourselves sometimes, why is active leadership of the United States. fair solution. Turkey must withdraw an end to the division of Cyprus in The United Nations has unsuccessfully its troops. Imported settlers must be America’s best interest? International attempted to resolve the differences returned to their countries of origin. stability is a key factor to our increas- between the two Cypriot communities. The island must be unified without a ingly global economy. A divided Cyprus July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5459 only continues to serve as a fuse be- A barbed wire fence known as the I urge everyone to pray for a peaceful tween, lit fuse I might say, between Green Line cuts across the island, sepa- and just end to the Turkish invasion two of our NATO allies, Greece and rating towns and people that had lived while there is still time to make peace. Turkey. together for many generations. Mis- Again I thank the gentleman for his Twice since the 1974 invasion Greece trust and animosity have spread be- leadership. and Turkey have almost gone to war. yond this island to our NATO partners Mr. Speaker, I include the text of the The most recent incident was in 1996 Turkey and Greece. This is not good. articles referred to in my remarks for concerning the Imia Islet crisis. The Efforts are undertaken but they are the RECORD, as follows: Aegean Sea is home to the world’s not enough. The United States, the Eu- [From the Philadelphia Inquirer, July 9, busiest shipping lanes. Indeed, Cyprus ropean Union, NATO, and the United 1997] is in a key strategic position relative Nations must do more now before this FREE SPEECH UNDER FIRE—TURKEY LEADS to the Mediterranean region and the sore develops into a permanent cancer THE WORLD IN JAILING JOURNALISTS. Suez Canal, which is instrumental in between our NATO partners and the His name is unfamiliar to most Americans; supplying oil and other materials vital peace and security of southeast Eu- his newspaper, unknown here. But his case should be a cause for anyone who cherishes to the stability of the entire region. rope. We must remember that this the right too often taken for granted in this In this map here to my left, we see problem started by the violent invasion nation; to publish criticism of the govern- actually the country of Greece here of Cyprus by Turkey, and lasting peace ment. and Turkey here, and then the Repub- can only be restored by the removal of Ocak Isik Yurteu was imprisoned on Dec. lic Island of Cyprus in this particular the Turkish armed aggressors. 28, 1994, for editing a daily newspaper critical area. And I think it is just very easy to Why has the sad story of the invasion of the Turkish government, and is now serv- be able to determine the tremendously of Cyprus not received more attention ing a 15-year, 10-month sentence under the in the press here in the United States? country’s abusive antiterror law. ‘‘Nobody in strategic position of that island. the world has been sentenced to so many So it is just imperative that the Maybe it is because the press is intimi- years in prison for articles others have writ- problems be solved. As such, any con- dated to report on this. Turkey, which ten,’’ he said from Sakarya Prison last year. flict between Greece and Turkey could occupies by military force the northern But then, no country in the world impris- disrupt trade in the region and have ex- part of Cyprus, has the distinction of ons journalists and smothers press freedoms tremely serious consequences for many leading the world in jailing of journal- more egregiously than Turkey. According to ists. More than North Korea, more the Committee to Protect Journalists (CPJ), nations, including the United States. for three years running Turkey has held than Communist China, more than Iraq b 1700 more journalists in prison than any nation and more than Iran. That is why we are on earth. The count is now 78. If the situation in Cyprus continues here today on the floor and what we Most are charged under an antiterror law to deteriorate, there could be serious are doing is so important, because we that effectively classifies all reports on the repercussions among other NATO na- in a sense are acting as the journalists Kurdish rebellion other than the govern- tions and these nations could be forced for the world, for the people of Cyprus, ment’s as either ‘‘separatist propaganda’’ or to choose between two allies, Greece or bringing to the scrutiny of the public ‘‘incitement to racial hatred.’’ Imagine if the Turkey. In order for a lasting peace to United States had had such a law during the what has been censored in Turkey. civil-rights movement. be forged, the Turkish militarization of As evidence of this, I cite an editorial Mr. Yurteu’s newspaper published what is the island and of the region must end. that appeared in last week’s Philadel- considered balanced reporting on the Kurd- Currently there are over 35,000 Turkish phia Inquirer, July 9. The article notes, ish conflict, but truth is not what the Turk- troops stationed on Cyprus, and in ad- ‘‘It is impossible to have other free- ish government wanted its people to read. dition Turkey has a large amphibious doms in a country where there is no A delegation from CPJ will be arriving in assault force located within 100 miles freedom of the press.’’ Turkey on Saturday, to champion the cause of the island. The proximity of such a This past Sunday, the New York of Mr. Yurteu and his many jailed colleagues before the nation’s top leaders. They will be significant Turkish presence has led Times wrote in an editorial, ‘‘Under pushing for the abolition of the repressive NATO to estimate that the island of Turkey’s broad antiterrorism law, laws and the release of the 78 imprisoned Cyprus could fall to Turkish troops journalism itself is criminalized and journalists. within 24 hours should Turkey ever de- reporters face prison time for doing They will be demanding that a nation that cide to attack. their job.’’ It goes on to say, ‘‘Press wants desperately to join the European U.N. reports cited Turkey’s lack of freedom is among the casualties of a Union and to take part in the Western motivation as the reason for the failed strategy, imposed by the mili- world’s economic and technological ad- stalled peace process. The Turkish vances, adhere to a fundamental precept of tary, which Mr. Yilmaz cannot change democracy: a free press. Government has stated that it will overnight.’’ The imprisoned journalists deserve the take all necessary steps including mili- And then just yesterday the Wash- support of anyone here who has published an tary actions to defend Turkey’s inter- ington Post weighed in on the subject angry letter about the President—or written est on the island. Without U.S. leader- in an editorial that said, ‘‘Journalists such a letter. Or has called a radio talk show ship, it is unlikely that a lasting peace who write about Kurdish nationalism and complained about Congress. Or has settlement can be negotiated. from an independent perspective have passed out leaflets knocking the major or town council. Mr. Speaker, I yield to the gentleman been at risk of being locked up and It’s worth remembering, as Mr. Yurteu from New Jersey [Mr. PAPPAS]. censored, harassed and beaten. Article wrote, ‘‘It is impossible to have other free- Mr. PAPPAS. I thank the gentleman 312 of the Turkish penal code permits doms in a country where there is no freedom from Florida for yielding and once reporting and community on other of the press.’’ again I commend him for his continued than the government line to be pun- leadership on issues affecting Cyprus, ished as incitement to racial hatred.’’ [From the New York Times, July 13, 1997] Greece, and Turkey and, most impor- Finally, Mr. Speaker, I would urge TURKEY, JAILER OF JOURNALISTS tant, the people that live in those three all of my colleagues to join the gen- Turkey has the shameful distinction of im- prisoning more journalists than any country nations. I look forward to continuing tleman from Florida [Mr. BILIRAKIS], the gentleman from New York [Mr. in the world. The New York-based Commit- to work with the gentleman on these tee to Protect Journalists has compiled a issues and other issues. GILMAN], the gentlewoman from New list of 78 reporters, writers and editors now Mr. Speaker, today I rise to add my York [Mrs. MALONEY], and many others in jail, and the Turkish Press Council reck- voice to the chorus calling for justice in cosponsoring House Concurrent Res- ons the total may be twice as high. Now that in Cyprus. Twenty-three years ago, olution 81, which would show the world a new Government has assumed power, it has 6,000 Turkish troops and 40 tanks land- that this Congress and this country are a timely opportunity to open those prison ed on the north coast of Cyprus and committed to seeking a just and peace- doors. Doing so would lessen a stain on Tur- captured nearly 40 percent of the is- ful resolution of the situation in Cy- key’s reputation and enhance the democratic land. prus. Let us not let this problem credentials of Prime Minister Mesut Yilmaz’s secularist center-right coalition. Today 35,000 troops occupy the north- caused by the Turkish invasion of Cy- Most of the journalists in prison are ern portion of Cyprus; 1,619 people re- prus fester in the underbelly of south- charged with disseminating ‘‘separatist prop- main missing, including 5 Americans. eastern Europe any longer. aganda’’ or with being members of proscribed H5460 CONGRESSIONAL RECORD — HOUSE July 17, 1997 pro-Kurdish political groups. In fact, under plainly been calling most of the shots on pol- they and their families have previously Turkey’s broad anti-terrorism law, journal- icy toward the Kurds. The army is mani- lived for generations are separated ism itself is criminalized and reporters face festly unfit for this role and plays it poorly. from one another. Today there are 1,619 Opening up the press is no glib civics text- prison for doing their job. An emblematic people whose whereabouts are still un- case is that of Ocak Isik Yurtcu, a promi- book prescription. It is a practical way for nent writer and former newspaper editor who Turkey to build support for a consensus ap- known, and we have heard already 5 of has served 3 years of a 15-year sentence. Mr. proach. these are U.S. citizens that we still Yurtcu’s offense was to publish articles Mr. BILIRAKIS. I thank the gen- have not heard about. about the Turkish Army’s scorched-earth tleman. He is a rookie, I guess we The illegal invasion and occupation campaign against Kurdish insurgents in would call him, a freshman here, but he by Turkey represents over two decades southeastern Turkey. has already made his presence known of unanswered questions, human rights Mr. Yurtcu’s plight, along with scores of in many ways and particularly on this violations and cultural destruction. As other cases, will be taken up this summer by I conclude, Mr. Speaker, I would like to a visiting delegation of journalists, among issue. them Terry Anderson and Peter Arnett, at Mr. Speaker, the Republic of Cyprus say that I had the opportunity 2 years the request of Turkish press organizations. needs active United States support to ago to visit Cyprus. I had the oppor- By responding favorably, Prime Minister attain its goal of membership in the tunity to go with a constituent of Yilmaz would signal a halt to Turkey’s de- European community. This member- mine, Andy Comodomos, where we scent into repression. He would begin to an- ship would promote stability by perma- drove up to the Green Line. We were al- swer critics, especially in the European nently linking Cyprus to Europe both lowed to go up into the Turkish-occu- Union, of Turkey’s dismal human rights economically and strategically. Indeed pied portion of the island where we record, and would set a different example the European Parliament has indicated went to the street that Mr. Comodomos from his immediate secular and Islamic its desire for peace on the island. Cy- predecessors. lived on and went to the house that he This is more than a press issue. For nearly prus has earned its place in the Euro- was raised in and then went up the to a decade Turkey has relied primarily on pean Union. Now the international the home of his cousin who lived there. force to counter Kurdish terrorists, without community must take steps to move We rang the bell and we were allowed opening a parallel political attack for a the peace process forward. to come in by this Turkish family who huge, aggrieved ethnic minority. Press free- In addition, Mr. Speaker, Cyprus is came up from the south to occupy the dom is among the casualties of a failed strat- ready to become an important trading house. It was heartbreaking for him to egy, imposed by the military, which Mr. partner with the United States. The see his home, his backyard, the base- Yilmaz cannot change overnight. Yet it is Greek Cypriot community is a demo- ment of the home that his family grew within his power to release jailed journalists cratic society known for its open and up in being occupied illegally by people and decriminalize free speech, an essential efficient economic system. Despite the precondition for an end to Turkey’s domestic who had illegally taken possession of turmoil. Turkey’s friends hoped he will not violent blow dealt by the invasion, the the home. I speak out with my other let this moment pass. Cypriot economy has strongly re- colleagues here and I urge my col- bounded to become one of the strongest leagues to join me in supporting the [From the Washington Post, July 16, 1997] economies in the region. Turkish Cypriot leader Denktash and TURKEY’S PRESS: TURKEY’S KURDS Mr. Speaker, I yield to the gentleman Greek Cypriot President Glafcos It is an irony and an embarrassment that from New Jersey [Mr. PAYNE]. Clerides in their talks and that our Mr. PAYNE. Mr. Speaker, I thank even as NATO imposes high democratic new head of the United Nations, Kofi the gentleman for calling this special standards on new members, it has given an Annan, is calling for continued talks. order. I will not take too much time, errant old member, Turkey, a bye. On the We hope that there will finally be a litmus issue of imprisoning journalists for since I see a number of my colleagues, what they write, for instance, Turkey is the showing the importance of this very breakthrough. Mr. BILIRAKIS. I thank the gen- recognized world champion. The Committee vital issue to many of us in the Con- tleman. I daresay that probably this to Protect Journalists, an American defense gress on both sides of the aisle from constituent who was able to get to go group, counted 78 jailed Turkish journalists throughout the United States of Amer- at the beginning of the year. All the more to his former home probably had not ica, because we talk about justice and satisfying, then, that the group has not elic- seen it for something like 20, 21 years fairness, we talk about the new era ited from the new Turkish government of and would not have been able to do Mesut Yibnaz a commitment to do some- that we live in where we say that we will not allow the big and the strong to that were it not for the fact that he thing about a record that, if a current NATO was accompanying the gentleman. I ap- applicant had it, would exclude it from the take advantage of the smaller. West’s premier democratic club. That was the whole question in the preciate the gentleman’s support. The trouble lies, of course, in Turkey’s Persian Gulf situation when 28 nations Mr. Speaker, I yield to the gentleman continuing conflict with a Kurdish minority came together to say that the invasion from New York [Mr. GILMAN], the that has its pacific assimilationist element of Kuwait that was imminent was chairman of the Committee on Inter- but its armed separatist element as well. An wrong and we came together as a unit- national Relations. official policy giving a long leash to an as- ed country of the world, countries of Mr. GILMAN. I thank the gentleman sertive Turkish military has not only failed for yielding. I want to thank the gen- to curb Kurdish terrorism but has also cost the world, from the Arab community, from Africa, from the West to say that tleman from Florida [Mr. BILIRAKIS], past governments political support. Journal- who has been an outstanding spokes- ists who write about Kurdish nationalism we will protect this little country. from an independent perspective have been Mr. Speaker, I rise today as a mem- man and advocate for peace in Cyprus at risk of being locked up and censored, har- ber of the Human Rights Subcommit- for organizing this special order this assed and beaten. Article 312 of the Turkish tee to join in commemorating this sad evening. Today’s special order on Cy- penal code permits reporting and com- day in history of the Republic of Cy- prus comes on the eve of the 23d anni- mentary on other than the government line prus. On July 20, 1974, 6,000 Turkish versary of the brutal invasion of Cy- to be punished as ‘‘incitement to racial ha- troops and 40 tanks landed on the north prus by Turkish troops. As we observe tred.’’ this sad anniversary, the international The Kurdish problem is as tough as any coast of Cyprus and captured almost 40 ethnic conflict anywhere. No one has a good percent of the island. More than 35,000 community is still confronted with the solution in the inflamed circumstances in Turkish troops continue to occupy the fact that in excess of 30,000 Turkish which it is unfolding now. What is certain, northern portion of Cyprus. military personnel still remain on the however, is that the problem must be ad- The Green Line, a barbed wire fence, island to enforce an illegal partition dressed in a context in which the Turkish separating the northern part of the is- and to protect a self-proclaimed gov- people are fully and fairly informed about land from the free portion, is the only ernment that has been recognized by the options before them. This is the prospect wall remaining in the world. We only one other country, Turkey itself. now opened up by the Yilmaz government. It brought down the Berlin Wall. We have Those of us in the Congress who sup- speaks for a minority coalition and faces ported the negotiated settlement to parliamentary resistance to its new free- gone through and have sort of new press commitments. But it also has the op- independent countries in Europe. But the dispute which has led to the divi- portunity to bring Turkey the appreciation this wall still remains. sion of Cyprus are painfully aware of rather than the opprobrium of the demo- Thousands of Greek Cypriots from the complexities of the issue, of the in- cratic West. Up to this point, the army has the towns and communities in which justices committed, and particularly July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5461 the suffering over these many long b 1715 going to visit the Turkish occupied years of the Cypriot people on both For this next generation what can be area of Northern Cyprus on July 19, sides of the Green Line. done to guide them in learning to ac- and the stated purpose of his visit is to Indeed Cyprus has become a code cept life with a neighboring but dif- congratulate the Turkish military for word for stalemate and intractability ferent culture? Time is running out for its invasion in 1974 and celebrate the in international diplomacy. the possibility of achieving a peaceful subsequent occupation which is today Just last week there occurred a new settlement, and the people of Cyprus enforced by some 35,000 Turkish troops. and positive development in Madrid, on now have to ask themselves if the en- the fringes of the NATO summit. The So while we are here today honoring mity between the two communities is foreign ministers of both Greece and the memory of those who were mur- truly worth the price of a divided na- Turkey met together, under the aus- dered and never accounted for as a re- tion. sult of this Turkish aggression and pices of our own government, and Mr. BILIRAKIS. Mr. Speaker, I agreed on a set of principles to guide even as the Greeks and Cypriots thank the gentleman who for years and the resolution of disputes between our around the world prepare to do the years has done the best he possibly two NATO allies. The essential element same, the Turks are planning celebra- could to try to resolve this problem. tions and slapping themselves on the of the statement issued by the foreign Mr. Speaker, I yield to the gentleman ministers in Madrid is that disputes be- back to commemorate these 23 years of from New Jersey [Mr. PALLONE] at this brutality. tween Greece and Turkey are to be set- point. tled through peaceful means and will Mr. PALLONE. I want to begin as I Mr. Speaker, I am outraged by this be based on the mutual recognition of do every year by thanking the gen- behavior, and I know the Cypriot peo- their legitimate interests. While this tleman from Florida [Mr. BILIRAKIS] ple are as well. Yesterday I had the communique was related specifically to for organizing this special order. It has honor of personally meeting with the disputes in the Aegean, I am hopeful now been 23 years since Turkey in- Cypriot Ambassador who conveyed to that it is going to inaugurate an era of vaded Cyprus, and I deeply appreciate me his disappointment in this uncalled better understanding on the issues that the opportunity to join the gentleman for provocation. concern both Greece and Turkey, in- from Florida [Mr. BILIRAKIS] and the And I think the Vice Prime Min- cluding Cyprus itself. other cochair of our Congressional Cau- ister’s visit is deserving for another Although a resolution of the Cyprus cus on Hellenic Issues, the gentle- reason that we mentioned, that Ankara problem depends first and foremost woman from New York [Mrs. MALONEY] and Athens are releasing a joint state- upon the will of the Cypriot people in keeping this issue in the spotlight. ment vowing to settle their disputes themselves, regardless of their ethnic For almost a quarter of a century peacefully. I mean the purpose of this background, certainly a better rela- now the people of Cyprus have lived on statement one would presume was to tionship between Greece and Turkey a divided, militarized, and occupied is- set a good tone for settlement negotia- can play a critical role in helping re- land, and the facts of the situation are tions. But the Vice Prime Minister’s solve this vexing international dispute. It is gratifying that the Clinton ad- well known. I do not want to spend visit to Northern Cyprus really belies ministration seems more interested time tonight revisiting them, but I do Ankara’s intent to negotiate in good than in the past in finding a solution believe there are important develop- faith, and I think it is really a delib- for Cyprus. The announcement last ments on the Cyprus issue that I want erate provocation and needs to be month that President Clinton ap- to spend the bulk of my time address- brought to my colleagues’ attention. pointed Ambassador Richard ing, and I do want to say to those who It also serves to reinforce the Con- Holbrooke as a special envoy for Cy- were murdered during the Turkish in- gress’ belief, this Congress’ belief, that prus is also promising. If Ambassador vasion and to the 1,619 people who have there are several aspects regarding the Holbrooke brings the same energy and never been accounted for, 5 of whom U.S. position that I think need to be determination to Cyprus as he brought are American, that you are not forgot- addressed and reaffirmed as these nego- to ending the conflict in Bosnia, it is ten. Those who have lived through the tiations get underway. I would just hopeful that he will be able to convince nightmare of the last 23 years and like to state those briefly. those who have never known freedom the Cypriot people to put behind them As everyone is aware by now, Presi- their differences and work out a just in their lifetime, I want you to know that you have many allies in the U.S. dent Clinton recently signaled his com- and peaceful settlement. mitment to resolving the Cyprus prob- The shape of a possible settlement is Congress who are determined to see you govern every inch of your own lem by appointing Ambassador Richard out there. I believe that both President Holbrooke, who was the architect of Clerides and Mr. Denktash are men country. On July 9, this year, as was men- the Dayton Accords, and he is now the who can rise above the recent enmity special emissary to Cyprus and his that has developed between the two tioned by some of my colleagues, these high-level negotiations between some record of service has been mentioned communities and find a way to reunite by my colleagues, and, I think, the the island based on mutual good will of the key principals involved, once again got underway at the invitation of President should be congratulated for and confidence. signaling his interest in the Cyprus We should all encourage these two the Secretary General, the President of issue through this appointment. But leaders to make the most of direct Cyprus, and the Turkish-Cypriot lead- there was some concern following Am- talks which began in New York just er. They met face to face for the first bassador Holbrooke’s appointment that last week and which will soon be con- time in 3 years, and I just want to say he might use the Dayton Accords as a tinuing in Geneva. Old history and this is certainly a very positive devel- model for the situation in Cyprus. To grievances must be placed behind us as opment, as my colleagues have said, as his credit, Ambassador Holbrooke has we seek to resolve the division of Cy- was the joint statement which was re- stated he does not intend to do such a prus. Let us hope that both sides will leased by Greece and Turkey the day thing and I want to commend him for reach within themselves to find the re- before the talks in New York in which that statement. solve to settle this persistent problem. the two countries vowed to settle dis- The Greek Cypriots have dem- putes by peaceful means, based on mu- And I just wanted to say and reit- onstrated flexibility and the spirit of tual consent, and without use of force erate that the Dayton Accords are not compromise in recent rounds of U.N.- or threat of force. applicable to Cyprus. The roots and sponsored talks. We now call upon Mr. But before I discuss the current peace causes of the Cyprus problem are with- Denktash to demonstrate this same process in further detail, I wanted to out question very different from those kind of flexibility. Twenty-three years draw attention to an unfortunate dis- of the conflict that began in Bosnia in is too long a time. There are now play of provocation by the Turkish 1992. The Cyprus situation is a matter young people coming of age in Cyprus government. Two days ago Turkey’s of illegal invasion and occupation of a who know nothing other than the expe- Vice Prime Minister, who was the foreign power. By contrast, the conflict rience of living on a divided island and Prime Minister when Turkey invaded in Bosnia was primarily ethnic in na- a divided society. Cyprus in 1974, announced that he is ture. H5462 CONGRESSIONAL RECORD — HOUSE July 17, 1997 Accordingly, any solution to the sit- have to be pursued. Integrating Cyprus curred 23 years ago on the island of Cy- uation in Cyprus must reflect the cir- into the framework of the European prus. On July 20, 1974, the Government cumstances that are unique to the Cy- Union would demonstrate unequivo- of Turkey sent troops to Cyprus and prus problem’s origin, and this problem cally to Turkey that its only real op- forcibly assumed control of more than is clearly one of illegal invasion and tion is to accept a sovereign, independ- one-third of that island. The action dis- occupation. ent Cyprus. located much of the Greek Cypriot pop- There are a number of conditions. I Mr. Speaker, I just wanted to say ulation creating a refugee problem that think the United States must pressure that obviously the United States exists to this day. the Turkish Government to accept con- should embrace the opportunity to Just think about it, children who are ditions that the Cypriot and Greek make progress, but we must not reach born 23 years ago, are old enough to Governments and certainly all of us an agreement just for the sake of have families of their own today. Addi- here tonight consider nonnegotiable, reaching an agreement. It is tragic tionally, over 1,600 Greek Cypriots are and these are first, with regard to the that Cyprus has been divided for 23 missing. They are still unaccounted for issue of sovereignty: Any solution years, but we would have to wait as as a result of this invasion. The chil- reached must be consistent with U.N. long as we must to bring true and last- dren who were born may not have Resolution 750 of 1992, which states a ing freedom to the Cypriot people. known their own families. Cyprus settlement must be based on Again I want to thank my colleague While in the past the Turkish Cyp- the State of Cyprus with a single a sov- from Florida. I know he believes very riot community was unwilling to work toward an agreement, I am pleased ereignty and international personality sincerely in this. He has been doing that both sides have come together in and a single citizenship with its inde- this for many years, and when this fi- my congressional district to hold their pendence and territorial integrity safe- nally is resolved a lot of the reason for first round of talks in Amenia, NY. It guarded. Relatedly, any overall settle- it, a lot of the reason why the U.S. is clear to me that the clean air and Government is now more concerned ment must be consistent with all U.N. beautiful countryside of Amenia has and the President is more concerned, is resolutions on the Cyprus issue. assisted immeasurably in laying a To facilitate the goal of the State of because of the efforts of Mr. BILIRAKIS strong foundation for these negotia- Cyprus with a single sovereignty, the and the Hellenic Caucus. tions since both sides have agreed to United States should push for the es- Mr. BILIRAKIS. Mr. Speaker, I continue these talks in Geneva on Au- tablishment of a federation with two thank the gentleman for those kind re- gust 11. federated States, one Greek Cypriot marks and thank him for consistently The talks are the first step in a long and one Turkish Cypriot administered year in and year out joining me in this process that will hopefully lead to a by a federal government. In other special order, and if I were not leading consensus agreement for lasting peace. words, the United States should sup- this, I dare say he probably would be or It is my hope that an agreement will port the establishment of a constitu- certainly would still be just as much include the removal of the roughly tional democracy much like our own involved. 35,000 Turkish troops from the island of where the States receive their powers Mr. Speaker, in the past, our Nation Cyprus and the return of 180,000 Greek from the Federal Government. A rotat- has pledged its support to developing Cypriots to the homes that they fled in ing presidency under separate free, market democracies. The United 1973. We have heard about the anguish sovereignties for the Greek and Turk- States should consider offering trade that those Cypriots feel when they ish communities should be viewed as incentives to Cyprus to allow the man- know that there are other people occu- completely unacceptable. ufacturing sector to increase, the labor pying those homes. Second, any solution to the Cyprus market to improve, and the infrastruc- I want to applaud the willingness of problem must be based on internation- ture to modernize. the Greek Cypriots in demonstrating ally accepted standards of human I also welcome efforts in Congress to their continued commitment to com- rights. Simply stated, all Cypriots maintain the traditional $15 million promise in order to bring an end to this must be guaranteed the three basic earmarked for Cyprus. This money longstanding dispute and also to Rauf freedoms: freedom of movement, prop- funds projects aimed at reunification Denktash, the President of Turkish Re- erty, and settlement. and reducing tensions between the two public of Northern Cyprus, a State rec- And third, all foreign troops should communities on Cyprus. I pledge my ognized only by Turkey for making the be withdrawn from the island. In 1994, total support to building a strong trade right move toward the peace table. President Clerides proposed the demili- relationship between the United States While the past efforts have failed to tarization of the island as a precursor and the Republic of Cyprus. The con- produce any movement toward an to meaningful negotiations, an offer tinued growth of their economy will agreement, we continue to pray that which has to date been met with noth- provide for a more stable country, these talks will bear fruit so that all ing but derision from Turkey. In 1995, which is a key ingredient in the peace the people of Cyprus will know the the House went on record in support of process. sweet taste of freedom and a lasting this peaceful gesture when it passed Mr. Speaker, the island has seen a peace. While the talks continue, the the Cyprus Demilitarization Act, and I tremendous amount of growth over the U.S. Government has to let our posi- believe, and most informed observers of years mostly from tourism. However, tion be heard loud and clear by all in- the Cyprus situation agree, that no the heart of Cyprus’ potential growth terested parties to show we are serious progress can be made until Ankara has yet to be tapped. Hundreds of inter- about achieving a lasting peace in Cy- withdraws its illegal occupying force. national firms recognize that the is- prus. In this regard, I am pleased to be I just want to stress again, Mr. land’s $15,000 per capita gross domestic a cosponsor to the House Concurrent Speaker, as I did earlier, that the Cy- product and the high education level of Resolution 81, the concurrent resolu- tion calling for the United States ini- prus situation is one of illegal occupa- its people make Cyprus an ideal loca- tiative seeking a just and peaceful res- tion of a sovereign country by a foreign tion for their regional headquarters. olution of the situation in Cyprus. power. The United States therefore In stark contrast, and I really, I just Additionally, I am going to continue must use its influence to facilitate the hesitate to mention it because I do not to support legislation in Congress to removal of the Turkish occupying force mean to be throwing stones, but the cut economic support funds and mili- in the introduction of NATO or U.N. per capita gross domestic product in tary assistance to Turkey until it peacekeeping forces, if necessary, so the Turkish-occupied region is a mere withdraws its troops from Cyprus, lifts negotiations can begin in earnest. $3,500. There is also a significantly its blockade of Armenia and makes And just in conclusion, while these higher crime rate in the Turkish por- progress on extending political and issues do not represent a comprehen- tion of the island. economic rights to its Kurdish minori- sive list of concerns, they are, in my I yield at this time to the gentle- ties. opinion, most important. Other mat- woman from New York [Mrs. KELLY]. ters the gentleman from Florida [Mr. Mrs. KELLY. Mr. Speaker, I rise b 1730 BILIRAKIS] mentioned, such as the Cyp- today to join with my colleagues in Mr. Speaker, it is with decisive steps riot accession to the European Union, marking the tragic events that oc- such as these that we can begin to hope July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5463 for a brighter future for Cyprus. I wish ish Cypriots who had lived there before ing what we believe should be the pa- to commend the gentleman from Flor- the invasion. They were willing to talk rameters of any Cyprus solution. ida [Mr. BILIRAKIS] for his steadfast to each other. Only the people who Those parameters are basically those work in this area. I look forward to were escorting us, the security forces, that have been recognized I think by working with him and all of my col- refused to let them speak to each the international community through leagues who share our concerns to other. As an example of that, it is U.N. resolutions, but specifically they achieve a unified and peaceful Cyprus those who occupy the north that create are that Cyprus should be reunited for the future. The talks are a long this division. with a strong federal government in step toward the peace process that we We remember the over 1,619 Greek which the federated states derive their hope will lead to a consensus agree- Cypriots and 5 American citizens who powers from a federal constitution, a ment for lasting peace. I think it is are still missing as a result of the mili- democratic constitution which would very important that we get that. tary operations in 1974. Sadly, we also ensure the rights of all citizens and all Mr. BILIRAKIS. Mr. Speaker, I commemorate this year the deaths of communities, and which would guaran- thank the gentlewoman for taking the three civilians last summer, two who tee the right to private property and time to come over to join us on this died from the bullets of Turkish sol- free travel to all parts of the country. special order, and for hosting those two diers, they were unarmed, they were We have heard much about the Greek gentlemen during those important simply along the green line, and the Cypriots’ willingness to compromise, talks. other at the hands of a mob of Turkish and they have, time and time again. I yield to the other gentleman from thugs. But there are limitations. Turkey must New Jersey [Mr. MENENDEZ], who also These actions are nothing but bar- not be allowed to derail once again the has visited the island. baric and should be addressed in that tremendous opportunity for peace that Mr. MENENDEZ. Mr. Speaker, I way, which is why I was happy to join exists on the island. While Turkey has thank my colleague. First of all I want many of my colleagues at the United verbally committed itself at appro- to recognize and commend the gen- Nations in condemning those barbaric priate moments during these years to tleman for keeping this issue before actions. Those are not the actions that pursue better relations with its neigh- the Congress of the United States, and a civilized country takes. It is not the bors, its actions, however, not what it for that matter, before the American actions that a country for which we says but what it does, its actions dem- people, and for organizing this special give aid takes against other individ- onstrate a consistent pattern of hos- order. uals. tility and unwillingness. We do hope there will be a point in Mr. Speaker, the comments of the Even the former U.N. Secretary Gen- time in which this special order will former Prime Minister, Prime Minister eral, Boutros Boutros-Ghali, said so in truly be just a commemoration and not Tansu Ciller, that we will break the a report on Cyprus. So if Turkey is se- a further quest and search for peace hands of those raised against us, sig- rious about its commitment to a per- and justice in Cyprus. The gentleman nify, contrary to Turkey’s stated posi- manent solution, then it must bring its has been an outstanding advocate in tion, that in fact they consider north- views into conformity with the U.N. this respect, and we commend him. ern Cyprus Turkey’s domain. So after framework on issues of sovereignty and Mr. Speaker, I rise as a member of 23 years, the people of Cyprus in both political equality. the Committee on International Rela- communities deserve a solution which In conclusion, I want to say that Cy- tions and as a member of the Congres- will reunite the island, its commu- prus will not be a prisoner to Turkey’s sional Human Rights Caucus to join in nities, and its people. objections or threats. It will not post- the commemoration of that unhappy For too long the Cyprus problem has pone and it should not postpone its anniversary and tragic circumstances been a source of tension and instability well-deserved entry into the European of 23 years, over two decades, of the di- in an important area of the world. My Union over Turkish objections. If Euro- vision of the island of Cyprus. It seems colleague, the gentleman from Florida, pean integration is good for Turkey, incredible, but for 23 years now the Re- has a map that very well describes that then it must be good for all of the Cyp- public of Cyprus has been artificially part of the world and the importance of riot people. divided following an illegal invasion by what is happening in the Aegean. Even The world must know that in this Turkish troops on July 20, 1974. our Secretary of State Madeleine small Mediterranean island of Cyprus, On that date over 200,000 Greek Cyp- Albright recently pointed out ‘‘U.S. there are people filled with hope and riots became refugees in their own Cyprus relations extend far beyond, far expectation that this is the moment in country and to this day are denied the beyond the so-called Cyprus problem. which their divided homeland can once right to return to their homes. Today a Cyprus is a valued partner against new and for all be reunited in accordance full 37 percent of the island remains global threats.’’ with international expectations. We under occupation by Turkish troops, I think that is why we in the Con- cannot rest until the last boot of the which in defiance of U.N. resolutions, gress are engaged in this issue. A reso- last Turkish soldier leaves Cyprus, now number over 35,000. This makes lution would strengthen peace and sta- until a divided country is reunited, Cyprus one of the most militarized bility in the volatile eastern Medi- until the last divided city of the world, places in the world. terranean and significantly advance Nicosia, is rejoined, until peace and I saw that fact firsthand as I traveled the United States national security in- justice become a reality for all of its with my constituents from New Jersey, terests in the region and beyond. It is citizens, Greeks and Turks alike. the Zambas family, to Cyprus, crossed in the United States national interest I again commend the distinguished the green line, which is the division be- to see such a solution. Cyprus is a gentleman from Florida [Mr. BILI- tween northern Cyprus and the rest of bridge between East and West. It is a RAKIS] for keeping this before the the country, to the occupied territory bulkhead in the sea of Islamic fun- American people, before Congress, and to an area called Brastio-Morphu. damentalism. Its solution would ease forging ahead. Clearly to me the militarization was the tensions between two very impor- Mr. BILIRAKIS. I thank the gen- so, so obvious in the process of that tant NATO allies. tleman so much for helping in that re- visit. President Clinton’s appointment of gard, and for his energy and support for But also what was obvious is that Richard Holbrooke as his Special Emis- this cause over the years. when Turkish Cypriots, those who sary on Cyprus has us all refocused Mr. Speaker, I yield to the gentleman lived on the island, not those who have again on the attention to a resolution from Massachusetts [Mr. MCGOVERN], been imported from Anatolia but those to the Cyprus problem at a crucial who is also one of our freshmen, but who live on the island, are given an op- time. Last week I was proud to cir- very much interested in this subject. portunity to intermingle with Greek culate and send a letter, and I know Mr. McGOVERN. Mr. Speaker, I Cypriots, that there is the opportunity that my colleague, the gentleman from thank the gentleman for yielding to for coexistence and coalescence. That Florida and others, joined with me in a me. I rise to join my distinguished col- became clear to me in the conversation letter signed by 67 of our colleagues in league from Florida and all those who between my constituents and the Turk- the House to President Clinton outlin- acknowledge today this sad date in the H5464 CONGRESSIONAL RECORD — HOUSE July 17, 1997 history of Cyprus. I rise to add my eign aid appropriations bill that we ter of the island, a city which after the name to the long list of Members of submit to the President will include collapse of the Berlin Wall is the last Congress who throughout the past 23 the $15 million earmark to help Cyprus truly divided city in the world. At years have decried Turkey’s brutal in- in these critical times. checkpoints across the city, armed vasion of this Mediterranean island. Congressional actions, however, are guards stare at each other across an After 23 years some might be tempt- not the only means to complete the uneasy no man’s land. In the center of ed to throw in the towel, to believe work of building a lasting peace in Cy- the city, bullet holes scar buildings and that these 23 years of Turkish occupa- prus. This month’s U.N.-sponsored serve as a powerful reminder of the tion of northern Cyprus prove the help- peace talks in New York between events of 1974. lessness of the international commu- Greek and Turkish Cypriots have b 1745 nity in the face of ethnic strife and in- shown that the international commu- justice. Some might even say that our nity shares our determination for It is no wonder that the people of Cy- yearly acknowledgment of this tragic peace. The European Union, in select- prus, both Greek and Turkish, are event are wasted words. ing Cyprus as one of its next members, ready for peace. Nese Yahsin, a Turk- I say that now more than ever we has especially proven their commit- ish Cypriot poet, was recently featured in the Christian Science Monitor. Her need to voice our resolve, our ongoing ment to progress. Furthermore, the poem ‘‘Which Half?’’ captures the spirit commitment to build a lasting peace Clinton administration has taken an of the two people. ‘‘Which Half?’’ is the for all the people of Cyprus. As we have energetic and more direct approach to witnessed in so many parts of the name of her poem. the Cyprus issue, and their efforts She writes: world, peace-building does not happen clearly contributed to the spirit of op- overnight. It requires hard work, vigi- timism emerging from this month’s ‘‘They say a person should love their home- land, lance, and the very resolve that we U.N. talks. that’s also what my father often says. have maintained over the years and I further commend the administra- My homeland has been divided in two, that will help us undo Turkish wrong- tion’s appointment of Ambassador which of the two pieces should I love?’’ doing in Cyprus. Richard Holbrooke as Special Emissary I find it symbolic that a popular Mr. Speaker, we cannot let our deter- for Cyprus. The Ambassador will be an Greek Cypriot composer, Marios mination falter. To do so would be to important instrument for us to bring Tokas, put this simple four-line verse allow the persistence of injustice, and about change, most notably, in the fol- to music which is often sung by Turk- equally as important, harm our own in- lowing areas. ish and Greek Cypriots. terests. Ethnic conflicts, as those in First of all, human rights. Ambas- Even with the animosity and inter- central Africa have so dramatically sador Holbrooke should be aware of our community conflict, the divided people shown us, tend to spill over and threat- objections to Turkey’s deprivation of of Cyprus have made progress toward en the stability of entire regions, and Greek Cypriot possessions, its discrimi- bicommunal living. Recently several threatening markets for American nation against the Greek Cypriot com- thousand young Cypriots from both business overseas. munity in Northern Cyprus, its restric- communities were able to come to- The Republic of Cyprus has worked tions of liberties in the form of curfews gether for the first time in over 23 to develop a stable economy and an im- for Greek Cypriots, its confinement of years for a U.N.-sponsored pop concert. portant economic role for itself in the 2,000 Greek Cypriots in detention cen- Despite much protest, the concert was Mediterranean and Europe. It attracts ters, its imprisonment of Greek Cyp- successful and Cypriots from both sides millions of tourists to its shores annu- riots in Turkey, and finally, its repres- of the island took one step closer to bi- ally, and also serves as an economic sion of legal recourse for Greek Cyp- communal harmony. focal point for the entire eastern Medi- riots living in the occupied areas. A couple of years ago I led a delega- terranean region. Furthermore, the Re- Second, Cypriot unity. We must urge tion over the green line to Famagusta, public of Cyprus is one of the few coun- the Ambassador to work for a unified located here, Kyrenia, located up here, tries that has met the tough economic Cyprus, supported by a constitution and to the tip of Karpassas, the area of criteria of the Maastricht agreement, that provides for proportionate and eq- the enclaved Cypriots. Sadly, this line indicating its promise as a future actor uitable participation of both Greek and not only divides a nation but people as in European economies. Turkish Cypriots. well. In order for Cypriots living in the Yet, can there be real economic sta- Finally, missing persons. We will not occupied zone to visit the southern side bility when 160,000 Greek Cypriots re- abandon the American citizens who of the island, they must first fly to An- main displaced and away from their count among the 1,619 people who dis- kara, Turkey, then to Athens, Greece, rightful homes? Can there be real eco- appeared following the Turkish inva- and then to the unoccupied portion of nomic stability when 35,000 Turkish sion of 1974. With the continued resolve the island. In contrast, a trip between troops threaten security in the Repub- of Congress, the help of the administra- the occupied ghost town of Famagusta, lic of Cyprus? Can there be real eco- tion, the cooperation of our European where I have had relatives who are dis- nomic stability when the northern half U.N. partners, we will succeed in end- placed, and the thriving holiday resort of Cyprus languishes in economic and ing a status quo that fractures Cypriot of Protoras, which is just below the political isolation under a neo-totali- society and stifles democracy and jus- line, would only take a matter of min- tarian regime? tice for the people of Northern Cyprus. utes by car. It is clear, Mr. Speaker, that much In doing so, our strategic, economic, However, I believe that the tide may work remains to be done to guarantee and humanitarian interests will be well be changing and unity in the island of the health of the Cypriot economy and served. Cyprus is a real possibility. Just last our own interests in the region. This I want to thank the gentleman from week, Greek and Turkish leaders work begins right here in Congress. We Florida [Mr. BILIRAKIS] for his leader- pledged to overcome decades of tension Members must follow the lead of our ship on this issue, which has been and threats of war by agreeing to re- Representatives, like the gentleman steadfast over the years. When I was a spect each other and settle disputes by from Florida [Mr. BILIRAKIS], the gen- congressional aide here working for the peaceful means. I am hopeful that the tleman from New York [Mr. GILMAN], gentleman from Massachusetts [Mr. United States appointment of Richard the gentleman from Illinois [Mr. POR- MOAKLEY], I was well aware of all of his Holbrooke, as others have said, as spe- TER], the gentleman from Indiana [Mr. efforts, and I appreciate his letting me cial envoy to Cyprus will accelerate HAMILTON], the gentleman from New be part of this special order. the peace process. York [Mr. ENGEL], and the gentle- Mr. BILIRAKIS. Mr. Speaker, I Mr. Holbrooke's appointment was well re- woman from New York [Mrs. MALONEY] thank the gentleman for his comments ceived in Cyprus, Greece, and especially in in their efforts on behalf of Cyprus. and support. Turkey. Perhaps, because of his experience I pledge my support for the resolu- The division of Cyprus, Mr. Speaker, and respect in the international community, he tion they have introduced, House Con- is perhaps most obvious in the divided will be in a better position than his prede- current Resolution 81. Further, I urge capital city of Nicosia, located here on cessors to negotiate with the Turkish Govern- my colleagues to ensure that the for- a map about in the international cen- ment. It seems rather odd, though, doesn't it, July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5465 to be negotiating for land wrongfully taken in organization’s work, and these frigates Mr. Speaker, I join my colleagues this after- an illegal invasion and recognized by only one should not be transferred without an noon in observing the 23d anniversary of Tur- country on Earth? awful lot of careful consideration, both key's illegal invasion and continued occupation The United States must re-examine its goals in the administration and here on Cap- of the island of Cyprus. On July 20, 1974, Tur- and interests in the region. We must send a itol Hill. key unleashed its army on the Cypriot people. strong message to all parties involvedÐthat a We are all happy to see Mr. Turkey's violent and bloody invasion of this divided Cyprus is unacceptable. Furthermore, Holbrooke given the responsibility and Mediterranean Island State has been rightfully Congress must send a message to Turkey the mission of trying to bring peace condemned by the United Nations and all stressing our commitment to finding a lasting and unity to Cyprus. Now, on the 23d peace loving nations of the world. peace on the island of Cyprus. In fact, I am an anniversary of a terrible division and I would like to applaud Secretary of State original cosponsor of House Concurrent Reso- illegal invasion, we call for the demili- Madeleine Albright's recent statement to Cy- lution 81, which reaffirms that the status quo tarization of Cyprus and peace and prus' Foreign Minister Loanis Kasoulides when on Cyprus is unacceptable and detrimental to unity on that island. she said, ``What we seek is the reunification of the interests of the United States. Mr. SHERMAN. Mr. Speaker, I rise to join Cyprus. We believe that the division of the is- Mr. Speaker, I would like to conclude on a my colleagues in commemorating the somber land is unacceptable.'' It is clearly in American note of urgency. Now is the time to take the anniversary of the Turkish invasion of Cyprus national security interests to seek a peaceful next step in the Cyprus peace process. Cy- on July 20, 1974. I would like to thank Con- settlement to this problem. I would also like to prus, Greece, Turkey, and the United States gressman BILIRAKIS for holding this special commend President Clinton's decision to ap- are finally coming together this month in New order. point ambassador Richard Holbrooke as the York to discuss their respective issues. More- In the 23 years since the invasion of the U.S. Special Emissary to promote a Cyprus over, Greece and Turkey, with strong pressure Sovereign State of Cyprus, Turkey has ille- settlement. Ambassador Holbrooke is emi- gally occupied 40 percent of the island, main- from the United States, recently announced nently qualified to meet this new diplomatic taining 35,000 troops and installing 80,000 their intentions to settle all disputes in a challenge. peaceful manner. colonists in properties seized from Greek Cyp- Mr. Speaker, the 23d anniversary of this However, once the peace process begins, riot refugees who have lived there for many brutal invasion should weigh heavily on the we should only move forward. We must insist generations. As a result of this human trag- conscience of all civilized people of the world edy, 200,000 displaced persons have lost their that the United States serve as a constructive who share in the belief that states must es- homes and livelihood, another 1,619, including participant in the peace settlement in order to chew the destructive path of naked aggression 5 American citizens remain unaccounted for ensure a just and lasting solution. and abide by the rules of international law. It and several thousand have lost their lives. The As Members of Congress, we must do ev- is time for the world to tell Turkey that the sta- enclaved people who remained in northern erything possible to encourage this peace tus quo in Cyprus is unacceptable. Cyprus are denied basic human rights such as process. It is only through this process that we Mr. Speaker, the status quo must be bro- freedom of movement, access to education, will achieve our ultimate goalÐto reunite the ken. The paralysis in U.N. sponsored negotia- religious freedom or political rights. Today the people and the island of Cyprus. tions must be broken. And the intercommunal ``Green Line'' separating the Greek and Turk- Mr. Speaker, I yield to the gentleman strife that has torn Cypriots apart must be set- ish portions of the island stands as a testa- from California [Mr. SHERMAN]. tled peacefully. But none of these worthy ob- ment to this ethnic cleansing. Mr. SHERMAN. Mr. Speaker, I thank jectives can occur as long as Turkey contin- the gentleman for yielding to me. I ap- My colleagues and I have called and will continue to call for a just and lasting settle- ues to violate international law and flout U.N. preciate the efforts of the distinguished ment of the Cyprus problem that will reunify resolutions condemning its oppressive occupa- gentleman from Florida on this issue. I the land and its people. In House Resolution tion of one-third of Cypriot territory. want to associate myself with the com- 81, recently reported from the House Inter- It is indeed a sad testament to the intran- ments that have come earlier. national Relations Committee, we called for sigence of Turkey's position that 23 years Those who are watching us have the withdrawal of Turkish troops and an early after its invasion of northern Cyprus, it still heard the sad story of how this island substantive initiative toward a resolution. We maintains 35,000 troops on the island. The was divided by force from an invasion welcome the recent diplomatic efforts with the Ankara government must come to the realiza- of a foreign army 23 years ago today. appointment of Richard Holbrooke as a Spe- tion that its troops in northern Cyprus stand as They have heard how there are nearly cial Emissary for Cyprus and the heightened an obstacle to a just and permanent resolution 200,000 refugees, over 1,600 missing per- attention given to this issue by the President. of the Cypriot problem. sons, 5 of them U.S. citizens. Nicosia is The proximity talks concluded in Troutbeck President Glafcos Clerides deserves to be today, as the gentleman from Florida under the auspices of the U.N. Secretary Gen- commended for his honesty, flexibility and pointed out, the only truly divided city eral and upcoming rounds of negotiations rep- good faith efforts to broach the divide that and only divided capital in the world. resent a critical window of opportunity for a needlessly separates Greek Cypriots from A few years ago the most famous di- peaceful resolution of this conflict. As we have Turkish Cypriots. President Clerides states- vided city was Berlin. President Ronald stressed to the President and the parties to manlike position is a far cry from the inflexibil- Reagan said, ‘‘Mr. Gorbachev, tear the conflict, such a resolution must be based ity reflected by Turkish Cypriot Leader Mr. down this wall.’’ It is time for Ameri- on international law, democratic principles and Denktash. cans to turn to Mr. Yilmaz and say, respect for human rights, property rights and Mr. Speaker, any permanent resolution to ‘‘Mr. Yilmaz, tear down this wall. freedom of movement. this issue must take into consideration the Unite this island. Unite the city of The resolution of this conflict and the anxieties and legitimate concerns of both Nicosia.’’ prompt accession of Cyprus to the European Greek Cypriots and Turkish Cypriots. How- I do want to bring to the attention of Union will guarantee the extension of demo- ever, the first step toward reconciliation and my colleagues renewed interest in the cratic principles and the rule of law in Cyprus reunification must be the end of Turkey's ille- State Department and the Defense De- and contribute to the stability of this region, gal occupation of northern Cyprus. partment to transferring several frig- which is critical to our national security inter- Mr. PORTER. Mr. Speaker, we come to the ates to the Turkish Navy. This is some- ests. floor today, as we have many times before, to thing that should not be done without Let the 23d anniversary of the invasion be commemorate the sad anniversary of the divi- a lot of pause and a lot of consider- the last time we commemorate this tragic sion of Cyprus. I want to commend my friend ation. There are those that say that we event. I hope that next year we gather to mark and colleague from Florida for initiating this should help the Turkish military be- the first anniversary of the reunification of Cy- annual special order, and express my deep re- cause it confronts Iran and Iraq, but I prus and the conclusion of this tragic chapter gret that it is again necessary for us to come would ask, in an effort to contain Iran in the long and rich history of the Cypriot peo- together to mark this occasion. and Iraq, where will the Turkish Navy ple. The history of this conflict, marked by strong deploy the frigates? The last ocean- Mr. MARTINEZ. Mr. Speaker, I would first feelings and a lingering threat of violence, going vessel seen in eastern Anatolia like to commend the distinguished gentleman speaks to the difficulty of finding a permanent was Noah’s ark. from Florida for organizing this special order solution. Over 1,600 Greek Cypriots and 5 These frigates ought to be viewed as on Cyprus. MIKE BILIRAKIS has truly been a Americans are among those who remain miss- an expansion of the Turkish Navy. The tireless champion for the peaceful resolution of ing 23 years after the invasion. A generation people of Cyprus are familiar with that the Cypriot problem. of Cypriots on both sides of the green line has H5466 CONGRESSIONAL RECORD — HOUSE July 17, 1997 grown up knowing only division, hate and mis- est hope, that the next special order on Cy- harm our own interests. Ethnic conflicts, as trust. Over 35,000 heavily armed Turkish prus will be to commemorate and celebrate a Central Africa has so dramatically shown us, troops continue to occupy the upper one-third new found lasting peace and unity in Cyprus. tend to spill over borders, compromising the of this beautiful country, despite the fact that Mrs. MALONEY of New York. Mr. Speaker, stability of entire regions, and threatening mar- this military occupation is recognized to be ille- I rise today to commemorate the 23d anniver- kets for American business overseas. The Re- gal and in violation of numerous U.N. resolu- sary of the 1974 illegal Turkish invasion of Cy- public of Cyprus has worked to develop a sta- tions. Turkish Cypriots are being displaced in prus. The continued presence of Turkish ble economy and an important economic role their own homeland by settlers from Turkey troops in Cyprus is a gross violation of human for itself in the Mediterranean and Europe. It who do not share their Cypriot culture. While rights and international law. attracts millions of tourists to its shores annu- the military division of the island has been a Fortunately, since the last anniversary of ally, and also serves as an economic focal tragedy the world has long recognized, the this tragic event, significant and commendable point for the entire Eastern Mediterranean re- economic divergence between the two com- progress has been made toward a peaceful gion. Furthermore, the Republic of Cyprus is munities which is currently taking place not resolution. Foreign Minister of Greece, one of the few countries that has met the threatens the future of the island in a different Theodoros Pangalos, and Foreign Minister of tough economic criteria of the Maastricht way. Turkey, Ismail Cem, have made a nonaggres- agreement, indicating its promise as a future Since I stood here on this date a year ago, sion pact. Furthermore, the President of Cy- actor in European economics. the Clinton administration and the international prus, Glafkos Clirides, and the Turkish Cypriot Yet, can there be real economic stability community have made strong statements leader, Rauf Denktash, met in a first round of when 160,000 Greek Cypriots remain dis- about their resolve to find a solution to the Cy- United Nations talks. A second round is placed and away from their rightful homes? prus problem. Earlier this year, we heard from scheduled for next month. Can there be real economic stability when the Clinton administration that there would be The United States has also contributed to 35,000 Turkish troops threaten the security of a big push on Cyprus this year. But we are the region's efforts to reach a settlement. the Republic of Cyprus? Can there be real over half-way through 1997 and a Cyprus so- Richard Holbrooke has been appointed U.S. economic stability when the northern half of lution still seems a distant reality. We appoint Special Envoy to Cyprus and U.S. Secretary Cyprus languishes in economic and political envoys and we talk about what needs to be of State Madeleine Albright was involved in isolation under a near totalitarian regime? It is done to bring peace and unity to this tiny Med- mediating the nonaggression pact between clear, Mr. Speaker, that much work remains to iterranean country, but when it comes time to Greece and Turkey. Furthermore, I am be done to guarantee the health of the Cypriot deal with hard issues, we have no will to take pleased with the success that my colleague, economy and our own interests in the region. a tough stand against aggression and in favor Representative BILIRAKIS, and I had in the for- This work begins right here in Congress. of international law. The Cyprus problem has mation of the Congressional Caucus on Hel- We Members must follow the lead of Rep- been reviewed at least 150 times during the lenic Issues. Only 1 year old, the 62 member resentatives GILMAN, HAMILTON, PORTER, BILI- RAKIS, ENGEL, and MALONEY in their efforts on past 23 years to no avail. We cannot let the caucus has played a leading role in ending the behalf of Cyprus, and I pledge my support for 151st effort meet the same fate. U.S. sale of Seahawk helicopters to Turkey. I must say, however, that this year I have The invasion of Cyprus by Turkey was an the resolution that they have introduced, some hope that this will be the last time that outrageous show of inhumanity. We must re- House Congressional Resolution 81. Further, I we have to raise this issue in the context a member that 200,000 Greek Cypriots were ex- urge my colleagues to ensure that the Foreign continuing occupation of over one-third of Cy- pelled from their homes and that 1,614 Greek Aid Appropriations bill that we submit to the prus' territory by Turkish troops. The recent Cypriots and 5 Americans were seized by President will include the $15 million earmark appointment of Richard Holbrooke to mediate Turkish troops and remain unaccounted for to to help Cyprus in these critical times. Congressional actions, however, are not the a permanent solution to this long-running this day. And, consistent with the dictates of only means to complete the work of building a problem indicates a higher level of attention to human decency, we must strive to reach a lasting peace in Cyprus. This month's U.N.- peaceful, fair solution without delay. this issue than we have seen in recent years, sponsored peace talks in New York between Mr. Speaker, I ask that my colleagues rise and I am hopeful that this interest on the part Greek and Turkish Cypriots have shown that with me in commemoration of the 23d anniver- of the U.S. Government will translate to a the international community shares our deter- sary of the invasion of Cyprus. Many of my greater commitment among the parties to re- mination for peace. The European Union, in own constituents in Astoria, Queens, continue solve the issues which keep them divided. I selecting Cyprus as one of its next members, to suffer as they wait for more information on know Mr. Holbrooke's abilities are formidable, has especially proven their commitment to the fate of their relatives. I am hopeful that a and it will take all of his diplomatic skills to progress. reach a just solution. I wish him well and urge resolution will soon be reached and the pain Furthermore, The Clinton administration has him to seek a lasting resolution, and not just caused by this inhumane invasion will be alle- taken an energetic and more direct approach a quick fix that cannot be sustained. I am also viated. Thank you. to the Cyprus issue, and their efforts clearly cautiously optimistic about the U.N. initiative Mr. MCGOVERN. Mr. Speaker, I rise to join contributed to the spirit of optimism emerging that is currently underway, and the encourag- my distinguished colleague from Florida, Mr. from this month's U.N. talks. I further com- ing signals that have come out of last week- MIKE BILIRAKIS and all those who acknowledge mend the administration's appointment of Am- end's session in New York. today this sad date in the history of Cyprus. I bassador Richard Holbrooke as Special Emis- For Cypriots to have a prosperous and se- rise to add my name to the long list of Mem- sary for Cyprus. The Ambassador will be an cure future, the Turkish troops must leave, en- bers of Congress who throughout the past 23 important instrument for us to bring about abling Cyprus to once again be whole. Talks years have decried Turkey's brutal invasion of change, most notably in the following areas: are scheduled to begin in 1998 regarding Cy- this Mediterranean island. First of all, human rights. Ambassador prus' entry into the European Union, and this After 23 years, some might be tempted to Holbrooke should be aware of our objections impending event will be a catalyst for Greek throw in the towel, to believe that these 23 to Turkey's deprivation of Greek Cypriot pos- and Turkish Cypriots of goodwill to find a last- years of Turkish occupation of Northern Cy- sessions, its discrimination against the Greek ing peace and reunite a divided country. I prus prove the helplessness of the inter- Cypriot community in Northern Cyprus, its re- would urge the administration to raise this national community in the face of ethnic strife striction of liberties in the form of curfews for issue at the highest levels. I also urge our mili- and injustice. Some might even say that our Greek Cypriots, its confinement of 2,000 tary officials to talk directly with their counter- yearly acknowledgement of this tragic event Greek Cypriots in detention centers, its impris- parts in the Turkish military and encourage are wasted words. I say that now more than onment of Greek Cypriots in Turkey, and fi- them to begin withdrawing the troops as a first ever, we need to voice our resolve, our ongo- nally its suppression of legal recourse for step toward unification. ing commitment to building a lasting peace for Greek Cypriots living in the occupied areas. Obviously, Mr. Speaker, our country cannot all the people of Cyprus. As we've witnessed Second, Cypriot unity. We must urge the and, in fact, should not involve itself in the ne- in so many parts of the world, peace building Ambassador to work for a unified Cyprus, sup- gotiations themselvesÐthe parties must re- does not happen overnightÐit requires hard ported by a constitution that provides for pro- solve this problem themselves. But we can work, vigilance, and the very resolve that portionate and equitable participation of both and should do everything possible to establish we've maintained over the years and that will Greek and Turkish Cypriots. an environment in which agreement can take help us undo Turkey's wrongdoing in Cyprus. And finally, missing persons. We will not place. Mr. Speaker, we cannot let our determina- abandon the American citizens who count Twenty-two years is too long to see a di- tion falter. To do so would allow the persist- among the 1,619 people who disappeared fol- vided island and divided people. It is my deep- ence of injustice, and, equally as important, lowing the Turkish invasion of 1974. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5467 With the continued resolve of Congress, the source of tension and instability in an area, forces invaded the Island Nation of Cyprus, help of the administration, and the cooperation which undermines our national interests. We capturing nearly 40 percent of the country and of our European and United Nations partners, have therefore consistently supported a 70 percent of its economic wealth. The inva- peaceful, just and lasting resolution of the we will succeed in ending a status quo that Cyprus problem that will reunify the island sion was a craven act of aggression resulting fractures Cypriot society and stifles democracy and its people. Such a solution will also in thousands of deaths, the expulsion of and justice for the people of Northern Cyprus. strengthen peace and stability in the volatile 200,000 Greek-Cypriots from the northern ter- In doing so, our strategic, economic, and hu- Eastern Mediterranean and significantly ad- ritory of Cyprus and today 1,619 people, in- manitarian interests will be served. vance our national security interests in the cluding some Americans, are still unaccounted I thank the gentleman from Florida for his region and beyond. for. The Turkish Government's unjust actions We firmly believe that the United States, leadership on this issue. are atrocious violations of human rights. Mr. FRELINGHYSEN. Mr. Speaker, for 23 in coordination with the United Nations, the years now, the citizens of Cyprus have had to European Union and interested governments A permanent reminder of this tragic event is can play a critical and constructive role in endure a national divided by a 112-mile the Green Line, a barbed wire fence that sev- facilitating efforts towards this end. ers the nation, cutting across family and com- barbed-wire fence guarded by thousands of We wish to express our views on what the soldiers on either side. basis of such a solution should be. We believe munity ties that had been intact for genera- Since the Turkish invasion of the island on that the principles of this resolution should tions. This oppressive occupation is illegal and July 20, 1974, the Turkish Government has include a reunited country, with a strong the Turkish Government's self proclaimed fortified the northern section of Cyprus with federal government in which the federated Turkish Republic of Northern Cyprus is not hundreds of tanks with more than half a billion states derive their powers from the federal recognized in the international community. De- dollars per year in military spending for only constitution. A democratic constitution spite the government of Cyprus making every would create such a federal government and attempt possible to bring peace to the region, 175,000 inhabitants. In fact, defense spending would insure the rights of all citizens, in- accounts for approximately three-quarters of cluding the rights of all communities. The Turkish troops, that number well over 35,000, the gross domestic product for the Turkish-oc- Constitution would also guarantee private are still intact. Turkish warplanes continue to cupied section of Cyprus. It is time to send the property rights and free travel to all parts of fly over Cypriot airspace undeterred by the Turkish tanks homes and let the citizens of the country. ban on military planes overflying the island. Cyprus decide the future of their island. We believe that these principles are based Turkey simply refuses to cooperate in seeking While appeals for self-determination and on international law, the provisions of rel- a compromise and has even threatened war if evant United Nations Security Council reso- peace continue to fall on deaf ears in Ankara, lutions, our democratic principles, a respect Greece asserts its legitimate rights. there is renewed hope for peace and freedom for human rights, and would be in accord- The United States Government has always in Cyprus. United States Ambassador Richard ance with the norms and requirements for supported a solution to the Cyprus crisis and C. Holbrooke, who brokered the Dayton Peace accession to the European Union. A solution it's important to continue, in fact, it is time for Accord for Bosnia, was recently assigned to that does not encompass those principles Congress to get even more vocal on the be United States Special Emissary for Cyprus. would not lead to a lasting peace. issue. Fortunately, there are signs indicating This is a clear sign that the Clinton administra- Your appointment of Ambassador this is becoming a top foreign policy priority as tion is finally giving Cyprus the diplomatic at- Holbrooke, the prospect of the European Union accession negotiations and recent Richard Holbrooke will be a special envoy to tention that it so desperately needs. I have positive developments in the Eastern Medi- frame a settlement. This is encouraging news long held the belief that the United States, terranean give all of us hope that we will, at along with the United Nations, the European as Holbrooke was the key negotiator of the long last, witness real progress towards a 1995 accord that ended the ethnic war in Union, and interested countries can play a crit- final resolution of this tragic problem. We ical and constructive role in facilitating efforts are ready to assist your efforts, and the ef- Bosnia. By pressing Turkey to remove its ille- toward a peaceful, just, and lasting resolution forts of your emissary, in the best possible gal occupation and to constructively work for a for the Cypriot people. way and look forward to cooperating with resolution we look forward to celebrating the Mr. Speaker, my colleagues and I, gathered you closely during the process. We wish to be end of this conflict. Until that happens, the kept closely advised of the progress that here today, stand ready to do what we can to Turkish Government must know the United takes place. States will continue to mark this anniversary assist Ambassador Holbrooke in his efforts Sincerely, during the peace process. In fact I recently Robert Menendez, Luis V. Gutierrez, and speak out for the suffering in Cyprus. signed the following letter, along with many of Thomas J. Manton, Peter Deutsch, As founders of democracy, Greece and the my colleagues, to President Clinton which ex- Donald M. Payne, George W. Gekas, Ed United States share a special and unique kin- presses our hope and support for a just and Pastor, Robert E. Andrews, Ileana Ros- ship. The Republic of Cyprus is an example of Lehtinen, Alcee L. Hastings, Brad speedy resolution for the people of Cyprus. I a country that has maintained its democratic would like to include the text of that letter for Sherman, Bob Clement, Albert R. Wynn, Rube´n Hinojosa, Bob Filner, institutions under extremely difficult cir- the RECORD. John Lewis, Frank Pallone, Jr., John cumstances. It is for these reasons that I ve- CONGRESS OF THE UNITED STATES, Edward Porter, Sander Levin, Carrie P. hemently oppose the continued Turkish occu- Washington, DC, July 10, 1997. Meek, Patrick J. Kennedy, Gary Ack- THE PRESIDENT, pation of Cyprus. I am a proud sponsor of erman, Maurice D. Hinchey, Bill The White House, Washington, DC. H.R. 81 the demilitarization of Cyprus pro- Pascrell, Jr., William O. Lipinski, DEAR MR. PRESIDENT: We are writing to claiming the status quo unacceptable. Marty Meehan, Tom Lantos, David E. welcome your appointment of Ambassador Bonior, Michael R. McNulty, Carolyn Mr. Speaker, I would like to thank the gen- Richard C. Holbrooke as your Special Emis- B. Maloney, Michael Pappas, Stephen sary for Cyprus. The decision is certainly a tleman from Florida, Congressman BILIRAKIS, Horn, Michael Bilirakis, Mike Forbes, positive development and reflects the high for once again taking a leading role in organiz- Curt Weldon, Robert T. Matsui, Eliot priority the Administration is attaching to ing these annual special orders. Rest assured L. Engel, Earl Blumenauer, Steven R. the just and speedy resolution of the Cyprus Rothman, Sherrod Brown, Tim Holden, I will continue to be a supporter of Cyprus' se- issue. Esteban E. Torres, John F. Tierney, curity interests and urge all Members to sup- The remainder of the current year, as well Lincoln Diaz-Balart, Nancy Pelosi, Jo- port peace and reconciliation in the region. as next year, offers a window of opportunity seph P. Kennedy II, Darlene Hooley, and new hope for progress on the issue. The Mr. CAPPS. Mr. Speaker, as a new Mem- Charles E. Schumer, Rod R. meetings this week in New York between Blagojevich, Gene Green, Ed Bryant, ber, it is an honor to participate in this impor- President Clerides and Mr. Denktash can be Nita Lowey, Ron Klink, Walter Capps, tant special order. As a Member of the Inter- a positive development. We also believe that Sue W. Kelly, Jim McDermott, Glenn national Relations Committee who is privileged the prospect of Cyprus’ accession to the Eu- Poshard, Sam Gejdenson, Owen B. to represent many Cypriot-Americans, I be- ropean Union, with negotiations scheduled Pickett, Herbert H. Bateman, Jane to start early next year, can act as a cata- lieve it is imperative to call attention this Harman, Howard L. Berman, Rod lyst and reinvigorate efforts to achieve a evening to the 24th anniversary of the tragic Frelinghuysen, Elizabeth Furse, Marcy comprehensive and lasting settlement. We invasion of Cyprus. Kaptur, Dennis J. Kucinich, Mike hope that all sides will recognize the benefits Doyle. First, I want to commend the gentleman of such a prospect and grasp this significant opportunity. Mr. FORBES. Mr. Speaker, it is with great from Florida [Mr. BILIRAKIS], and the gentle- We, in Congress, have long considered the sadness and frustration that I rise this evening woman from New York [Mrs. MALONEY], not forcible division and foreign occupation of to commemorate the 23d anniversary of an just for organizing tonight's event, but for their Cyprus as unacceptable and a continuing international crisis. On July 20, 1974, Turkish leadership as co-chairs of the Congressional H5468 CONGRESSIONAL RECORD — HOUSE July 17, 1997 caucus on Hellenic Issues. I am proud to have prus. When Cyprus gained independence from with my colleagues in Congress on a number joined more than 60 of my colleagues on the Britain in 1960, Turkish-Cypriots aggressively of other issues which directly impact the Caucus, whose goal is to advance our na- sought to dominate the newly independent Greek and Greek-American communities. tional interests by educating Members on the state of Cyprus. While Cyprus' 1960 constitu- A number of pieces of legislation addressing military, diplomatic and human rights issues tion provided for power-sharing between the the Cyprus issue and those related to it have that are paramount in this region. Greek and Turkish-Cypriot communities, the been introduced during the 105th Congress Tonight, as we discuss the beautiful island Turkish-Cypriot community, which constituted and I am proud to be a cosponsor of these im- of Cyprus, we reflect on the past and look with 18% of the island's population, gained veto portant bills. In particular, House Concurrent hope toward the future. Sadly, the event we powers over legislation and became entitled to Resolution 81 calls for a United States initia- commemorate this evening is one of the most a disproportionate share of governmental tive seeking a just and peaceful resolution of horrifying and tragic in recent history. Twenty- posts. the situation in Cyprus. In addition, H.R. 1361 four years ago, Turkish forces invaded Cy- Mr. Speaker, on July 20, 1974, Turkey in- would prohibit economic support fund assist- prus. As a result, 200,000 Greek Cypriots vaded Cyprus and declared victory by secur- ance under the Foreign Assistance Act of were evicted from their homes and watched ing 37% of the island's territory. This unilateral 1961 for the Government of Turkey for Fiscal as their property was confiscated. Most trag- military action led to the flight of thousands of Year 1998 unless they make certain improve- ically, more than 1,600 Cypriots and 5 Ameri- refugees from their ancestral homeland. To ments relating to human rights. cans were captured by Turkish troops and re- this day, over 35,000 Turkish troops remain on This week in the Catskill Mountains a glim- main unaccounted for to this day. Cyprus. That is 35,000 too many troops. That mer of hope has emerged through the tension For almost a quarter of a century, the situa- is 35,000 too many war-makers. What we which has hunted the island of Cyprus for over tion has not demonstrably improved. The need on the island of Cyprus is not more 20 years. The two leaders of Cyprus, Rauf Turks still occupy over a third of the island troops, not more armed forces from the Re- Dentkash and Glafcos Clerides, have been with 35,000 heavily armed troops. Human public of Turkey, but peace-makers, people enemies in the past, however, their discus- rights abuses are still common, violent clashes who are willing to secure a genuine peace, re- sions seem to be leading in the direction of between the two sides flare up with regularity, storing unity to the proud people of Cyprus. finding a solution to the problems they, and and the families of the missing still await any Mr. Speaker, my final remarks concern the their people, have been facing for so many news about their loved ones. solemn memory of the 1,619 Greek-Cypriots, years. I was pleased to learn of the positive Unfortunately, this pattern of behavior on who to this day, remain unaccounted for after feedback given by the leaders and by the Turkey's part is not restricted to Cyprus. Ear- Turkey's 1974 invasion. Among these individ- United Nations about what has been accom- lier this year, the International Relations Com- uals were five Americans, who like the others, plished during these talks so far and the hope mittee noted in the State Department funding share a fate unknown and whose loss pains for a positive outcome. I would also like to take this opportunity to bill that the Ecumenical Patriarchate in Istan- their respective families to this day. So as the extend my congratulations to Ambassador bul has been the subject to terrorist threats reconciliation process moves forward, I for Richard Holbrooke for becoming the new spe- without the protection of the Turkish govern- one, strongly believe that officials from the Re- cial emissary for Cyprus. His past success ment. And just yesterday, the Washington public of Turkey must account for the missing. and leadership on the peace process in Post editorialized about Turkish mistreatment They must work hard to bring to a close the Bosnia was an asset to Bosnia, the United of its Kurdish minority and of journalists who tragedy born out of their decision to invade States and the entire international community. write about this conflict. Cyprus in 1974. I am confident his expertise and rigorous di- But as we lament two dozen years of de- On behalf of my Greek and Cypriot-Amer- plomacy will produce a positive outcome to spair, recent events give us some cause for ican constituents, it is a solemn honor to join the situation in Cyprus. hope. Mr. Speaker, I believe President Clinton with them on this day and stand in solidarity Earlier this year, I was pleased to meet with demonstrated his commitment to finding a just with their cause. Rev. Christophorou Christophorou, the presi- and lasting solution to the Cyprus conflict by Mr. MANTON. Mr. Speaker, July 20th will dent of the Cyprus National Committee of naming Ambassador Richard Holbrooke as mark the 23d anniversary of Turkey's illegal Struggle for the Missing Persons, during the special U.S. Envoy. Mr. Holbrooke's diplomatic invasion of Cyprus and their continued occu- annual conference of PSEKA. We discussed skills are legendary, and I know that he will pation of the country of Cyprus. I rise today to the issue of those missing from Cyprus as a work very hard to bring peace and human join my colleagues to commemorate this result of the Turkish invasion of the 1974 and rights to this troubled land. event. I particularly want to thank Congress- other issues important to the people of Cy- In another development, President Clirides man BILIRAKIS for arranging this special order. prus. and Turkish-Cypriot leader Denktash met re- Mr. Speaker, this is an important event in Turkey holds the key to ending the Cyprus cently for the first time in almost 3 years, and the history of Cyprus because it marks the situation. It is my hope that next year we will plan to meet again next month. I join my col- end of the Greek Cypriots freedom to practice be celebrating the end of the strangling occu- leagues in urging both leaders to negotiate in their religion, educate their children as they pation of Turkish troops on the island of Cy- good faith so that Cyprus will once again be- see fit and express themselves in an open prus and the people of Cyprus may once come a united country, free from foreign and free manner. again enjoy the freedoms so many of us enjoy troops, and a bastion of human rights, peace Since Turkey first invaded Cyprus in 1974, and take for granted. and serenity. I thank my colleagues for inviting 1,619 people, including five Americans, were Mr. KENNEDY of Rhode Island. Mr. Speak- me to participate in this important special last seen alive in the occupied areas of Cy- er, I would like first to thank my colleague order. prus and have never been accounted for. We from Florida, Mr. BILIRAKIS, for organizing this Mr. ROTHMAN. Mr. Speaker, I rise today to must not let the passage of years weaken our special order acknowledging the 23d anniver- honor the Greek-Cypriot people and express determination to pressure the Turkish Govern- sary of the Turkish occupation of the island of my support for the unified Cyprus. For too ment to provide answers for the families of the Cyprus. It is imperative that we correct Cy- long, Greek-Cypriots have been living in a di- missing. We cannot forget that their suffering prus' situation as a divided state. The people vided nation. It is my firm belief that the time continues. of Cyprus are divided into two states ruled by has come for a reversal of the unlawful terri- Last summer, Cyprus was witness to some two governments. The Greek Cypriots in the torial gains made by Turkish forces in 1974, of the worst outbreaks of violence in their re- south are ruled by the Republic of Cyprus, and for a unified Cyprus to once again as- gion since 1974. The two separate hostile inci- erected in 1960 when independence was sume its rightful place among nations. dents left two young men dead and many in- granted. The north has been occupied by the I am optimistic that a unified Cyprus will jured. This illustrates the need to bring to an Turkish since 1975, when they illegally in- begin to emerge in the coming months, espe- end the illegal occupation of the island of Cy- vaded the island. cially given the Clinton administration's new prus. Although there has been little reesca- The divided Cyprus is a story of two na- commitment to this troubled part of the world. lation of violence since then, an uneasy calm tions; one a well balanced democracy with I believe the appointment of Mr. Richard continues to hand over the divided island. three thriving parties, the other a militarily oc- Holbrooke as our Nation's special envoy for During my time in Congress, I have taken cupied area. The economic disparity in the di- Cyprus marks the beginning of this long-await- an active interest in Greek issues. As a mem- vided Cyprus is even more pronounced. The ed transformation. ber of the Congressional Hellenic Caucus, I south's economy is booming as the result of Greek-Cypriots have always been the ma- have continuously strived to find a solution to their low trade barriers and free market econo- jority in Cyprus. Unfortunately, the tragic the problem that plagues Cyprus and her peo- mies. Their GNP has risen at a record-break- events of July 20, 1974 created a divided Cy- ple. I have appreciated the opportunity to work ing rate as unemployment falls. Meanwhile, July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5469 the economy of the north has stagnated and with the fact that in excess of 30,000 Turkish sibility of achieving a peaceful settlement, and inflation run rampant at 70 percent as the military personnel remain on the island to en- the people of Cyprus now have to ask them- Turkish close it off from the rest of the world. force an illegal partition and protect a self-pro- selves if the enmity between the two commu- For there ever to be peace and prosperity on claimed government that has been recognized nities is truly worth the price of a divided na- the island of Cyprus, a unified independent by only one other countryÐTurkey itself. tion. government protecting all of Cyprus must be Those of us in Congress who have sup- Mr. COYNE. Mr. Speaker, I rise today to created. A critical part of such an event will be ported a negotiated settlement to the dispute commemorate the 23d anniversary of the inva- the withdrawal of Turkish troops from northern which has led to the division of Cyprus are sion of Cyprus by Turkish military forces, and Cyprus. Only then will Cyprus become the painfully aware of the complexities of the to express my support for U.N. Secretary-Gen- thriving member of the European trade com- issue, the injustices committed, and particu- eral Kofi Annan as he strives to bring a long munity it has the potential to become. larly the suffering over these many long years awaited peace to this troubled island. In my State of Rhode Island we have a of the Cypriot people on both sides of the After 23 years, the people of northern Cy- strong Greek and Cypriot community, which green line. prus continue to be ruled by Rauf Denktash, has brought the plight of Cyprus to my atten- Indeed, Cyprus has become a code word who assumed control on July 20, 1974, with tion. Only when we, in Congress, show our for stalemate and intractability in international the assistance of 6,000 Turkish troops. There strong support for a unified Cyprus will the diplomacy. are still 1,619 people whose whereabouts re- necessary changes occur. Last week there occurred a new, positive main unknown in the wake of the Turkish as- Ms. PELOSI. Mr. Speaker, I rise today to development in Madrid on the fringes of the sault that captured 40 percent of the island. Of join with my colleagues in marking a sad day, NATO summit. The Foreign Ministers of both the 1,619 missing, 5 are United States citi- the 23d anniversary of the Turkish invasion Greece and Turkey met together under the zens. and partition of the Republic of Cyprus. I auspices of our own Government and agreed The United Nations has always recognized would like to thank and comment Mr. BILIRAKIS on a set of principles to guide the resolution the Greek Cypriot Government as the legiti- of Florida for his vigilance and commitment to of disputes between our two NATO allies. The mate government of the island, while Turkey a peaceful resolution of this illegal act which essential element of the statement issued by remains the only country that recognizes cast a pall on the world stage on July 20, the Foreign Ministers is that disputes between Denktash's government and supports it with 1974. Greece and Turkey are to be settled through 30,000 troops scattered at military posts This is, perhaps, the first time in 23 years peaceful means and will be based on the mu- throughout the north of Cyprus. The Turkish that we can reasonably talk about an end to tual recognition of their legitimate interests. Cypriot Government has continually refused to the standoff on Cyprus. Many of us in the While this communique was related specifi- make progress toward a solution to the con- House have long fought for peace, some from cally to disputes in the Aegean, I am hopeful flict. the very moment the Turkish army landed on that it will inaugurate an era of better under- In the past years, the international commu- the island nation's northern shores, depositing standing on all the issues that concern Greece nity has attempted to pressure Turkey to pull thousands of troops and armor in a bald-faced and Turkey, including Cyprus itself. Although a its hand away from the Cyprus conflict. Last land grab. Tragically, it was with U.S. arms in resolution of the Cyprus problem depends first year, the Clinton administration made an at- hand that Turkish soldiers committed their bru- and foremost upon the will of the Cypriot peo- tempt to ease tensions by sending Special tal acts of atrocity. Today, only Turkey recog- ple themselves, regardless of their ethnic Presidential Emissary Richard Beattie to the nizes the Turkish Cypriot state which declared background, certainly a better relationship be- region. Beattie's efforts were unsuccessful be- independence in 1983. No other nation has tween Greece and Turkey can play a critical cause neither Turkey or the Turkish Cypriot taken that step. role in helping resolve this vexing international Government seemed willing to work toward fa- Recently, President Clinton showed us rea- dispute. cilitating change. son for hope. With the appointment of Richard It is gratifying that the Clinton administration Last week, the United Nations brought the Holbrooke as his special envoy for Cyprus, the seems more interested than in the past in find- Greek and Turkish Cypriot leaders together in President gave every indication that the clock ing a solution for Cyprus. The announcement upstate New York for several days of talks. is ticking, and he intends there be peace on last month that President Clinton has ap- President Glafco Clerides of Cyprus and Rauf Cyrpus. Greek and Turkish Cypriot leaders sat pointed Ambassador Richard Holbrooke as Denktash are meeting face to face for the first down in upstate New York only last week to Special Envoy for Cyprus is also promising. If time in 3 years. The aims of the talks are to lay the groundwork for future talks. All of this Ambassador Holbrooke brings the same en- achieve a bizonal, bicommunal federation be- is encouraging, and significant for a region ergy and determination to Cyprus as he tween the two sides. It is my belief that the which could explode at any moment. At brought to ending the conflict in Bosnia, it is United Nations, the European Union, and the present Cyprus is a tinderbox: 35-thousand hopeful that he will be able to convince the United States should continue to keep pres- Turkish troops are on the island and stand Cypriot people to put behind them their dif- sure on the Turkish Cypriot leaders and the ready to rip it apart. Despite the tension on the ferences and work out a just and peaceful set- Turkish Government in order to facilitate a island, and the longstanding animosity be- tlement. peaceful resolution to this conflict. tween Greece and Turkey, it has been Greece The shape of a possible settlement is out Mr. Speaker, the Cypriot people deserve which has shown a desire to move the peace there. I believe that both President Clerides peace and prosperity. Let us send a clear process forward, sounding a conciliatory tone and Mr. Denktash are men who can rise message that the United States Congress toward Turkey, a move which I commend and above the recent enmity that has developed supports the United Nations efforts to bring support. between the two communities, and find a way pace to the people of Cyprus. While we work for an end to the Turkish oc- to reunite the island based on mutual goodwill Mr. WELDON of Pennsylvania. Mr. Speaker, cupation of Cyprus, we must do so within the and confidence. We should all encourage the July 20, 1997, marks the 23d anniversary of context of a just peace. Peace should come two leaders to make the most of the direct the illegal invasion and occupation of the Re- with a full accounting of the atrocities commit- talks which began in New York last week. public of Cyprus by Turkey. The legacy of this ted against the Greek Cypriot community. Old history and grievances must be placed invasion and subsequent division of Cyprus Nearly 2,000 people, including 5 Americans, behind us as we seek to resolve the division continues to this day, making Cyprus the only are still missing, unaccounted for, 23 years of Cyprus. It is hoped that both sides will country in the world divided by a wall. Con- after the invasion; thousands of Greek Cyp- reach within themselves to find the resolve to structed by the invading Turks in an effort to riots have been uprooted from their homes. settle this persistent problem. The Greek Cyp- divide the island, the Green Line, as it has be- We cannot allow more than two decades of riots have demonstrated flexibility and the spir- come known, is a symbol of the ugly face of human rights abuses to go uninvestigated. it of compromise in recent rounds of U.N. naked aggression. A just peace, Mr. Speaker, is a lasting sponsored talks. We call upon Mr. Denktash This aggression came on July 20, 1974, in peace. The people of Cyprus deserve no less. to demonstrate the same flexibility. the form of 6,000 Turkish troops and 40 tanks. Mr. GILMAN. Mr. Speaker, today's special Twenty-three years is too long a time. There Turkish forces successfully seized 40 percent order on Cyprus comes on the eve of the 23d are now young people coming of age in Cy- of the island which represented 70 percent of anniversary of the brutal invasion by Turkish prus who know nothing other than the experi- the Nation's economic health; 200,000 Greek troops. I congratulate my friend, the gentleman ence of living in a divided society. For this Cypriots were forced from their homes by the from Florida, [Mr. BILIRAKIS] for organizing this next generation what can guide them in learn- invading forces, and to this day, 1,619 people special order. As we observe this sad anniver- ing to accept life with a neighboring but dif- remain unaccounted forÐ5 of them American sary, the international community is still faced ferent culture? Time is running out for the pos- citizens. H5470 CONGRESSIONAL RECORD — HOUSE July 17, 1997 Turkey has since fortified its illegally ob- We should note that there are encouraging freedom for all of Cyprus to the attention of tained gains by placing 30,000 troops and signs of a growing commitment to find a the House and the general public. 65,000 settlers in the land that rightfully be- peaceful resolution to this problem. The Presi- Mr. VISCLOSKY. Mr. Speaker, I rise today longs to the forcibly ousted Greek Cypriots. dent has appointed Ambassador Richard to mark the 23d anniversary of Turkey's inva- We simply cannot validate an unwarranted, Holbrooke as Special Envoy on Cyprus. Am- sion, and subsequent occupation, of Cyprus. unprovoked invasion of a peaceful, self-gov- bassador Holbrooke played a key role in In 1960, Cyprus gained its political inde- erning republic by allowing Turkish occupation bringing the warring factions in Bosnia to the pendence from the British Empire. Fourteen to continue. The presence of the Turkish peace table and to agreement on the Dayton short years later, however, this independence troops represents the continuing shackles of peace agreement. Ambassador Holbrooke, was shattered when 6,000 Turkish troops and occupation and oppression and also dem- along with the ongoing effort by the United 40 tanks invaded the north coast of Cyprus onstrates a gross violation of human rights Nations and the European Union member and proceeded to occupy nearly 40 percent of and international law. countries, will try to finally bring the 23-year- the island. The ensuing fighting killed thou- I am encouraged by the undaunted spirit old dispute to a peaceful resolution. sands of Cypriots and forced hundreds of and courage of the Greek Cypriots in the face A peaceful resolution to the Cyprus problem thousands from their homes. Today, there are of this occupation. That is why I hope that the is not just in the interest of the Cypriot people. 1,619 people still missing, 5 of whom are U.S. 23d anniversary that July 20 signifies will re- As a country at the cross roads of the great citizens. kindle American and international intolerance civilizations of Europe and the Middle East, Twenty-three years after the invasion, we of aggression and inspire us to nullify the re- Cyprus has long been an island where people gather to remember those who died and to en- wards Turkey has reaped as a result of this il- from all these civilizations and cultures min- sure that the world never forgets that Cyprus legal action. The Greek Cypriots deserve this gled freely and in harmony. Cyprus can and is a land divided. More than 35,000 Turkish justice and I remain committed to efforts to de- needs to play a stabilizing role in this volatile troops continue to occupy Cyprus in violation liver this to them. region of the world, as it once did before. That of international law. A barbed wire fence cuts Ms. LOWEY. Mr. Speaker, I rise this would be in the United States interest, as well across the island, separating families from evening to pay tribute to a dubious anniver- as in the interest of the Cypriot people. their property and splitting this once beautiful sary. As we sit here, after 23 years of Turkish But no peaceful resolution will ever succeed country in half. occupation of Cyprus, it is especially appro- while a foreign military force occupies the I am pleased that President Clinton has priate to recognize the struggle for the free- northern one-third of the island. taken positive steps to resolve the situation in dom of all Cypriots that has been waged for The people of Cyprus understood their cul- Cyprus, including his recent appointment of more than two decades. tural diversity and were able to live peacefully Ambassador Richard Holbrooke as a special It was over two decades ago that 6,000 together for hundreds of years. Outside forces envoy to Cyprus. I strongly encourage Ambas- Turkish troops and 40 tanks landed on the intervened and then invaded Cyprus, caused sador Holbrooke to hold Turkey accountable north coast of Cyprus, and more than 200,000 the division of the island by barbed wire. for its brutal occupation of Cyprus and to en- Cypriots were driven from their homes and Many thousands of Cypriots were forced to sure that the island is returned to its rightful forced to live under foreign occupation. Over leave their homes and have since been pre- owners. two decades ago, and still Turkey has thou- vented from returning. Hundreds, called the The occupation of Cyprus is one of the rea- sands of troops on the island. Over two dec- enclaved, remain in the military occupied sons that I offered an amendment to the Fis- ades ago, and we still don't know what be- northern part of the island and are suffering cal Year 1997 Foreign Operations appropria- came of the 1,614 Greek Cypriots and 5 many human rights violations under police- tions bill that would have effectively cut $25 American citizens missing since the Turkish state conditions. They are prevented from million in United States economic aid to Tur- invasion. freely communicating with or meeting with key. This amendment, which the House over- That is why I'm pleased that we have this each other or the outside world. These Greek whelmingly approved by a vote of 301 to 118, opportunity today. Today, we remember what Cypriots, many of whom are elderly, are sends a clear message to Turkey that its ille- happened in Cyprus 23 years ago and we forced to send their children away to school gal and immoral occupation of Cyprus will not pledge to fight to end the occupation. Today, and suffer many deprivations and hardships be tolerated by this country. we also look toward the promise of the future. and human rights violations. Mr. Speaker, I am proud to join with my col- President Clinton recently demonstrated his I filed legislation in the last Congress and leagues in standing up against Turkish op- commitment to solving this difficult issue by am prepared to refile it if a peaceful resolution pression in Cyprus. I would especially like to appointing Richard Holbrooke as the special is not found to relieve the suffering of the extend my thanks to the gentleman from Flor- envoy to Cyprus. I applaud the President for enclaved. This legislation would this redirect ida [Mr. BILIRAKIS] for his tireless work to en- this decision and I hope that it will lead to a United States foreign assistance away from sure that the people of Cyprus are not forgot- real solution for Cyprus. I hope that this time the country who maintains a military force in ten. Twenty-three years is a long time to wait, next year we will be standing here on the northern Cyprus and redirect that assistance but it is my sincerest hope that our actions will House floor celebrating the end of the Turkish to the suffering people of the enclaved. help persuade Turkey to end its unlawful oc- occupation. Within the last 12 months, the situation had cupation of Cyprus. We must continue to fight against injustice temporarily become very tense and threatened Mr. ANDREWS. Mr. Speaker, this week in Cyprus. We must continue to provide aid to to escalate which could have set off an inter- marks the 23d anniversary of Turkey's inva- Cyprus to help that country deal with the ter- national chain reaction, causing many deaths. sion of the peaceful, self-governing island of rible problems caused by more than two dec- Thanks to the efforts of cool heads, tensions Cyprus. For 23 years, Turkey has tried to ades of Turkish occupation. And, above all, were reduced. But the world can ill afford to make the island its own. It has attempted to we must continue to keep the plight of the allow the forcibly divided Cyprus situation to do this by installing 80,000 illegal colonists, by Cypriots on the minds of everyone around the continue much longer. We must find a way to maintaining over 30,000 heavily armed troops world. find a peaceful, lasting, and real resolution to on the island, and by moving 200,000 Greek Ms. ROS-LEHTINEN. Mr. Speaker, this this problem. Cypriots from their homes. Through 23 years Sunday, July 20, we will be commemorating I thank the Greek-American community for of hardship, the people of Cyprus have held the 23d anniversary of a tragic day for the bringing the plight of people of Cyprus to our on to a hope for peace and for the return of democratic people of Cyprus. That was the attention and for their ongoing efforts to re- their island. Their purpose has not been re- day in 1974 that a foreign army invaded and unite the island of Cyprus. Recent signs are venge, but negotiation and reconciliation. Here occupied the northern one-third of the island. encouraging but a resolution to the CYPRUS in the House of Representatives, we have the Since that time the Cypriot people have problem remains elusive. We must all keep up opportunity to help the cause of justice. Sev- been struggling to regain their freedom and the pressure on the Clinton administration and eral colleagues and I sent a letter recently to the House of Representatives and the Amer- the United Nations and the European Union. the President outlining our concern for the ican people need to be aware of the plight and I wish to commend Ambassador Holbrooke delicate peace process in Cyprus. We wrote the suffering of the people of Cyprus. There- and the administration for their efforts thus far welcoming the appointment of Ambassador fore, I am very pleased that Congressman and urge them to continue their good work on Holbrooke as Special Emissary for Cyprus, BILIRAKIS has called this special order so that the crucial problem of Cyprus. and what we believe a lasting and peaceful I may join with him and my other colleagues I congratulate my fellow Floridian Congress- solution should look like: a reunited country, to bring the suffering of Cyprus to the attention man BILIRAKIS, for being the guiding force in with a strong federal system; a democratic of the general public. Congress to bring this issue of peace and true constitution which would insure the rights of July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5471 the minority; and guaranteed property right of a free and fair democratic government that and it is time to allow the people of Cyprus to and free travel. I then went one step further represents the interests of all the island's citi- establish a true and united democracy. and wrote directly to Ambassador Holbrooke zens. The momentum for a real solution to this and asked him the following two questions: In the absence of such an agreement, I tragic situation is developing. Negotiations be- First, if the Turkish Government fails to nego- would urge the two parties to again consider tween the parties are proceeding and Presi- tiate in good faith, what actions, sanctions or the option of demilitarization of the island. This dent Clinton recently appointed Ambassador otherwise is the United States prepared to could be used as a first step to build con- Richard C. Holbrooke as his Special Emissary take? Second, if the Turkish Government fails fidence between the two sides and remove for Cyprus. I agree with him that the time for to negotiate in good faith, what incentives will negative foreign influences from the equation. a peaceful solution to this problem is long the United States provide Turkey, in recogni- Mr. DOYLE. Mr. Speaker, today marks the overdue. We must work to put an end to this tion of this major step forward? While I have twenty-third anniversary of an extremely trou- occupation and I urge the parties to continue not yet received a response to my questions, bling event; the invasion and occupation of the their talks until a peaceful settlement is agreed there is no doubt in my mind that this Con- northern part of Cyprus. This takeover was an to. The time for the withdrawal of Turkish gress can have a positive effect on the out- escalation of unrest and violence that Cyprus troops from Cyprus is now and the need is ur- come of peace for the island nation. had been experiencing since it gained inde- gent. The green line that separates the people I urge my colleagues to cosponsor H.R. pendence from Great Britain in 1960. of Cyprus must be erased forever. 388, legislation I have introduced that would As a result of this tragic event, 1,614 Greek Mr. ACKERMAN. Mr. Speaker, this week marks the 23d year since the brutal partition of cut off all economic and military assistance to Cypriots and five Americans have been miss- Cyprus, yet the focus of the international com- Turkey until that country complies with several ing since the 1974 invasion. In 1996 the Turk- munity and the Congress on a resolution to conditions, including progress toward with- ish Cypriot President Rauf Denktash, reported this tragic separation has not lessened. If any- drawal from Cyprus. As saddened as I am by that the missing Greek Cypriots had been thing, attention on the plight of Cyprus has their plight, as dismal as their treatment by a handed over to Turkish Cypriot fighters who heightened recently. In 1996 we unfortunately foreign force has been, we should all be in- carried out revenge massacres, killing all of witnessed the worst outbreak of violence since spired by the patience, courage and faith those who were missing. Turkish troops now occupy thirty-eight per- the invasion in 1974. In January of this year shown by the people of Cyprus. Let us make the Clerides government signed a contract to cent of Cyprus, a segment that is recognized this the year when the people of Cyprus once purchase Russian S±300 air defense missiles. only by the State of Turkey. This occupation again can govern themselves with peace and These factors combined threaten to introduce has led to the dislocation of thousands of dignity. a new and destabilizing element in the medi- Creek Cypriots from their hometowns, friends, Mr. LEVIN. Mr. Speaker, I want to thank my ation process, and has generated a sense of and families. This is an unacceptable situation, esteemed colleague from Florida, Mr. BILI- urgency in the efforts towards achieving a via- and our Nation should act decisively to right RAKIS for organizing this special order on the ble settlement. Indeed, the role of the United this wrong. 23d anniversary of the Turkish invasion and States in pressing for peace on the island has The situation in Cyprus continues to get occupation of Cyprus. become even more vital to ensuring the cre- worse. In 1996, the violence in Cyprus In 1974, Turkey launched an invasion of the ation of a stable, secure and free Europe. island of Cyprus that resulted in thousands of reached it's worst level since the 1974 inva- On June 4, President Clinton named former deaths, the displacement of over 200,000 peo- sion. Violence in the buffer zone increased in U.S. Assistant Secretary of State for European ple from their homes, and the occupation of 1996 as many supporters from both side were and Canadian Affairs, Richard Holbrooke, as 38 percent of the island of Cyprus by Turkish killed throughout the year. In addition to the in- Special Presidential Envoy for Cyprus. I armed forces. crease in violence, the Greek Cypriots have wholeheartedly welcome that appointment. As Today, over 35,000 Turkish soldiers and begun purchasing SA±10 missiles from Rus- one of our most capable negotiators, Mr. 80,000 Turkish ``colonists'' occupy the north- sia, which they will begin receiving in February Holbrooke's appointment demonstrates the ern portions of the island. They are divided 1998. This has increased tensions, as the United States' commitment to help support a from the Greek-Cypriots by a barbed-wire Turkish Cypriots insist they will maintain their final political settlement on Cyprus. I also want fence referred to as the ``Green Line.'' This troops in Cyprus as the level and the rate of to commend the Clinton Administration's an- buffer zone is patrolled and maintained by a increase of arms in Cyprus continues to in- nounced determination to support the peace 1,160-strong U.N. peace keeping force. Peri- crease. brokering efforts of the United Nations, as well odic outbreaks of violence have broken out Tolerance and reconciliation needs to be as ensuring that 1997 is the year of the ``Big along this dividing line. Just last year, an un- stressed to find a solution to this crisis. Again, Push on Cyprus.'' I am also delighted to note armed Greek teenager bled to death after I urge that we take the necessary steps to ob- that the Greek and Turkish-Cypriot leaders, being shot by Turkish troops within sight of tain a favorable constitutional and territorial Mr. Clerides and Mr. Denktash, convened re- peacekeepers. The peacekeepers attempted settlement. cently for U.N.-sponsored direct peace talks. to rescue the youth, but were fired upon from Mr. FILNER. Mr. Speaker, I rise today to This step can only serve to bear further posi- the Turkish side. commemorate an unhappy anniversaryÐthe tive fruit. The United States must work to put a stop Turkish military invasion of the Republic of Cy- There is no doubt about the necessary role to this cycle of violence and separation. prus in July 1974. Mr. Speaker, it has been that the U.S. Congress must play in assisting I am encouraged by President Clinton's ap- twenty three yearsÐthe occupation remains in the parties in reaching a just and peaceful res- pointment of Ambassador Richard Holbrooke place and the suffering of the people of Cy- olution. That is why I cosponsored House as our Nation's Special Emissary to Cyprus. It prus continues. Concurrent Resolution 81, introduced by Inter- is my hope that this, along with renewed ef- When the Turkish armed forces invaded Cy- national Relations Committee Chairman BEN forts by the United Nations and the European prus twenty three years ago, the people of Cy- GILMAN. This bill reaffirms that the status quo Union, will help bring an end to the long en- prus were driven from their homes and vil- on Cyprus is unacceptable and detrimental to trenched disputes that separate the two sides. lages, brutalized, and over 1,600 peopleÐin- U.S. interests. The resolution also calls for the I am also encouraged by the renewal of cluding 5 American citizensÐwere never complete demilitarization leading to the with- talks in New York between Greek Cypriot heard from again. Since that time, the Turkish drawal of foreign occupation forces, as well as President Glafcos and Turkish Cypriot leader military has maintained a barbed wire border, the cessation of foreign arms transfers to Cy- Rauf Dentkash. While the two remain far from with an occupying force of 35,000 troops, prusÐall necessary and vital actions that must an agreement, the leaders have at least re- called the green line that cuts through miles of be undertaken before any settlement is sumed a dialogue and agreed to additional countryside. reached. talks in Nicosia, the capital of Cyprus, and in Mr. Speaker, Greek-Americans in my home The time is ripe for one of the world's most Geneva later this year. town of San Diego and across the United intractable conflicts to disappear into the According to U.N. Special Envoy Diego States also share in the agony created by the dustbin of history. In fact, NATO's efforts to Cordovez, the two agree that a settlement is occupation of Cyprus. They agonize about expand and redefine its role in the post-cold- necessary for Cyprus to survive, but still dis- missing friends and family, the destruction of war era require that the Cyprus conflict be re- agree over the particulars of what should be the Greek-Cypriot culture and the denial of ac- solved. As a worrisome source of friction be- included any final agreement. My hope is that cess to ancestral homelands now occupied by tween Greece and Turkey, NATO's anchors in the talks will result in a settlement that in- the Turkish army. the eastern Mediterranean, it serves as a cludes the complete removal of all foreign These people have suffered too long. It is thorn in the side of the greatest alliance ever forces from the island and the establishment time for the Turkish occupying force to leave forged. H5472 CONGRESSIONAL RECORD — HOUSE July 17, 1997 I conclude by reiterating Secretary Albright's work its will on a bill which would portant, vitally important negotiations remarks that Cyprus is a valued partner in the have provided fair treatment for on the expenditure plan that was fight against the new global threats of pro- women in vocational education and passed by both Houses, negotiations on liferation, terrorism, illegal narcotics, and inter- technical education programs. In an the tax package. That is ongoing. national crime. Cyprus and the United States era when technical education is very We know that those important proc- share common values and are committed to much in order, and women certainly esses are in the works, and worry about building a world based on open markets, can do as well as men in some of the the fact that we are going to be pushed democratic principles and the rule of law. high tech areas that offer the most op- against the wall and stampeded at the These ties demand that the United States con- portunities for the future, the highest last minute on those packages if we do tinue to work towards assisting the two Cypriot pay, we are not willing to have our own not change the way this House oper- communities in reaching a just and secure Vocational Education Assistance Act ates. The majority does not, again, re- peace. reflect the fact that we want maximum spect the will of the minority. f opportunities for women. There is another problem also beyond So that was an unfortunate start of the procedural questions, and that is, I REMOVAL OF NAME OF MEMBER the day. It has been an unfortunate lament the fact and a number of my AS COSPONSOR OF H.R. 1031 week in that same manner. colleagues lament the fact that the tax Two days ago we refused to allow the and expenditure package, the appro- Mr. PAYNE. Mr. Speaker, I ask House to work its will on a vote, up or unanimous consent that my name be priations bills, as they come up are ze- down, on the National Endowment for roing out or refusing to even discuss removed as a cosponsor of H.R. 1031. the Arts. The National Endowment for The SPEAKER pro tempore (Mr. and consider certain important mat- the Arts seems to upset a small band of ters that ought to be on the agenda. In PEASE). Is there objection to the re- Members in the House of Representa- quest of the gentleman from New Jer- this 105th Congress, when we enter a tives. They insist on harassing and pur- situation where we started out with a sey? suing the National Endowment for the There was no objection. lot of talk about bipartisan coopera- Arts, despite the fact that the over- tion, especially in the area of edu- f whelming majority of the American cation, I suppose one of the most dis- people support the National Endow- REPORT ON RESOLUTION PROVID- appointing absences is the fact that the ment for the Arts and support the Na- ING FOR CONSIDERATION OF education initiatives that have been tional Endowment for the Humanities, H.R. 2169, DEPARTMENT OF proposed have been watered down so overwhelmingly. TRANSPORTATION AND RELATED and some are not even on the agenda. And the Members of Congress, if The most important, disappointing AGENCIES APPROPRIATIONS given a chance to vote yes or no on the ACT, 1998 absence, in my opinion, is the one re- funding for the National Endowment lated to the school construction initia- Mrs. MYRICK (during the special for the Arts, would certainly keep its tive. That is not even in the tax pack- order of Mr. BILIRAKIS), from the Com- funding at the present level. We were age or the expenditure plan which the mittee on Appropriations, submitted a not allowed to do that. This is a week President and the two Houses are nego- privileged report (Rept. No. 105–189) on that the majority chose to use its over- tiating now. We are grateful for the whelming powers, because it is the ma- the bill resolution (H. Res. 189) provid- fact that the President at least has jority, to manipulate the process, and ing for consideration of the bill (H.R. kept the school construction initiative by one vote we lost on a procedural 2169) making appropriations for the De- alive by listing it among his priorities. vote that would have given us the op- partment of Transportation and relat- The trouble is that the President has a portunity to vote up or down on that ed agencies for the fiscal year ending long, long list of priorities, and we important matter. September 30, 1998, and for other pur- wonder how high on the list the school poses, which was referred to the House Later on today we also experienced the intense annoyance and anger of the construction initiative will be. Calendar and ordered to be printed. We also wonder about the fact that minority, the Democrats in the minor- f the empowerment zones which mean so ity of the House, because in the agri- much to our urban areas, since nothing A MESSY DAY IN THE HOUSE OF cultural appropriations bill that was else has been offered in the last 10 REPRESENTATIVES about to come up, the same kind of treatment we had received in some years to deal with very pressing prob- The SPEAKER pro tempore. Under other bills this year and in the NEA lems in our urban areas, the the Speaker’s announced policy of Jan- vote was being manifested. The rank- empowerment zones were considered to uary 7, 1997, the gentleman from New ing member of the agriculture sub- be a reasonable answer because both York [Mr. OWENS] is recognized for 60 committee of the Committee on Appro- parties would support it since it was a minutes. priations, the ranking Democrat was combination of the private sector, the Mr. OWENS. Mr. Speaker, it has been not allowed by the Committee on Rules government sector and there was a lot a messy day here in the House of Rep- to present an amendment that she had of talk about this is the way of the fu- resentatives. Today is July 17. We are requested. ture, but empowerment zones are not certainly midway through the work of The power of the majority is cer- in the package either at this point, ex- this first year of the 105th Congress, tainly great enough to stop on this cept for the President’s priority list. and it was most unfortunate that we floor most of what they want to stop So I guess we will have to be grateful started the day by pulling a bill which and to promote and push what they for the President at least keeping these would have reauthorized vocational want to push, past it, but we ought to things in the discussion. They are not education assistance, and stopped the at least have the opportunity to go on in the House bill or the Senate bill. forward movement of that bill because record on certain votes, and we are Therefore, they would not be on the there was an amendment on the bill being denied that. So we had a very conference table. So the fact that the which called for a retention of provi- messy end to the day, at a point where President has tax incentives for school sions in the bill which would have en- really we do not have much time left construction on the list of items for his couraged local governments and local before we adjourn on August 1st. tax cut proposals, and he has deduc- education agencies to continue to em- We are moving to pass appropriations tions for K through 12 computer dona- phasize vocational-technical education bills. Appropriations bills are the most tions on his list, and he has brownfields for women. important bills, probably, that we pass, empowerment zones and enterprise It was most unfortunate that with in that they are the ones that provide zones, expansion of these in his pack- the overwhelming support that that the funding to keep our government ac- age, we are grateful for that. We are amendment seemed to have, which tivities going, and we are going to be holding on by a thread. merely wanted to continue what was rushing through those things in the These are very important matters going on already, that it led to the ma- next 10 working days of Congress. and I think to shift to the most impor- jority suddenly pulling the bill from We also have in the background nego- tant area, that is the area of education, the floor and refusing to let the House tiations going on which are very im- not only the most important but the July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5473 most universally approved area, the We had been talking all along about We cannot go it alone. Most States area that everybody agrees we need the fact that we needed to give more and localities cannot go it alone. But if some forward movement on by the Fed- attention and more funding and more there are some initiatives at the State eral Government, that area also has support for education. The polls had level, it might embarrass the Federal been pushed into the background. It is shown it all along, but the leadership, Government, it might embarrass the almost a certainty that very little is those who were in charge, refused to majority here in the House and Senate going to happen except in the area of recognize it until they were faced with in order to make them begin to recon- higher education, because the Presi- the possibility of losing an election. sider and move forward. dent has made that his highest priority And, of course, it is to their credit that But the public, the voters, the people and certainly something very new, they understood that at the last with common sense must continue to however inadequate it might be, is minute they had to turn around. hold on and understand the seriousness going to happen with respect to higher So we had an increase of $4 billion for of the situation. There are schools, of education. education programs in the fall of 1996, course, that have lead poisoning prob- Our concern for K through 12, how- which leads me to encourage my col- lems, there are many schools which ever, grows greater because we see less leagues to hold on. Because in the fall have asbestos contamination, and and less discussion or talk about how of 1998 we may witness the same kind there is a great space problem, which I to move to provide more Federal Gov- of resurrection of an understanding of have enumerated many times here in ernment encouragement of the im- what the priorities are. We may wit- connection with New York City. And provement of schools, even in the area ness the Republican majority being what happens in New York City is not that the President, this administration born again in 1998. In order to do that, so different from other big cities. has staked out great interest, and that we have to be diligent. We have to per- The fact that these things are pushed is telecommunications, education tech- severe. aside is very disturbing, because it is nology and computers. We never let up in 1995 and 1996 on not a matter of it costs too much Even in this area the present move- the issue of education. We followed the money. The $5 billion over a 5-year pe- ment is kind of feeble. They are going issue right through the proposals to riod, when compared to other pro- to allow deductions for K through 12 cut the school lunch programs, all the grams, does not amount to much computers. The President has in his way down to the various proposals to money. They are almost not even argu- list an allowance for deductions by cor- cut Head Start, to cut title I. We ing the issue of it is too much money porations and businesses for K through brought the issue to the public again anymore. 12 computer donations. About $300 mil- and again in order to let the public There are philosophical arguments lion is proposed to be allowed over a 5- know what was happening, and they re- offered, like the fact that if the Gov- year period. That is a far cry from sponded with common sense that got ernment gives help to States and local- what is needed in this area. through to the majority and they ities for school construction, it is an b 1800 turned around. unprecedented intervention and an in- In other words, education, I had Let us stay on the message of the tolerable intervention into the local great hopes for because there was great need for a school construction initia- and State government matters. I think agreement between the two parties tive. Let us stay on the message that it that is ridiculous. Education is not that education should be a priority. So is a small amount compared to the merely a local and State government I thought the fact that education is total need. Five billion dollars is what matter. Education impacts on every- considered a priority by both parties the President proposed. Five billion thing, including our national security. would mean that it would be reflected dollars was under discussion for school We have gone through those argu- in the tax package and also in the ex- construction, mainly in loans, low-in- ments, and we have had a great deal of penditure package, and it really is dis- terest loans that go to localities and involvement of the Federal Govern- couraging to find that that is not the States. It was not adequate, but it was ment in the jawboning about school case. at least a beginning. improvement. It is time we continue to Maybe we should not give up hope. In To have that beginning snuffed out is increase the resources that are pro- fact, I will not say maybe. I want to not acceptable. So keep it in mind. It is vided by the Federal Government. urge all of those who care about edu- a matter of common sense that the de- There is no need to worry about the cation, which is the overwhelming ma- teriorating schools represent one of our Federal Government taking over edu- jority of the American people, not to greatest problems. The physical dete- cation. At this point the Federal Gov- give up hope, because we were in worse rioration of schools is not just a New ernment only spends between 7 and 8 shape, probably in July 1995 when pro- York problem. percent of the total expenditure for posals were being made that the De- I have talked before about the fact education overall. That includes higher partment of Education be totally abol- that in New York it is astonishing that education. So the percentage of the ished. we still have almost 300 schools that Federal Government’s involvement in At that time proposals were being burn coal. They have coal furnaces, and local education is less than 5 percent. made to cut certain federally funded the coal is spewing smoke and sub- And if it was increased greatly, even to education programs by as much as al- stances into the air, which are toxics, 15 percent, it certainly would not mean most $4 billion. So we held on, we per- of course, and New York has a high that the Federal Government could severed, we insisted that the will of the rate of asthma among young children. control what happens in terms of deci- people, that the polls showing the will We have a clear correlation between sions, or even up to 25 percent. of the people be honored. And finally, something that is being done by gov- I advocate strongly that we move in in the election year 1996, there was a ernment-owned buildings, and in this the next 5 years toward a 25-percent in- turnaround and education did get a case government-owned buildings that volvement of the Federal Government great deal of attention. Instead of the are a part of a program to help chil- in education funding. That would be a $4 billion cut that had been proposed in dren, which are very detrimental to the radical increase, but it is necessary. 1995, there was a $4 billion increase in health of children. We have at least 300, Even if we had 25 percent of the ex- 1996. almost 300 of 1,000 schools in New York penditures, and 25 percent of the funds Some people might say, if they are that still have coal-burning burners. were provided by the Federal Govern- listening, that they have heard me say There is an initiative, which I have ment, it still leaves 75 percent to be this many times before. I cannot say it just read about in the New York State provided by the States and the local too often. It was an amazing feat that Legislature, which I want to applaud, governments. the party in power decided in an elec- to float a bond issue for school con- If we want to divide power along the tion year, but before the election of struction. I hope that that moves be- lines of money, that means that the 1996, to increase funding for education yond talk in the legislature. It is not State and local governments would by $4 billion. It was an amazing feat be- as much as is needed, but it may be still have 75 percent of the power to cause it represented the triumph of that the States can prime the Federal make decisions. If they have 75 percent common sense. Government. of the power to make decisions, they H5474 CONGRESSIONAL RECORD — HOUSE July 17, 1997 would not have to worry about any- station in New York, Channel 7. I want- ple about the proposal by the gen- body else. So I do not think the argu- ed to congratulate Channel 7 on that tleman from Ohio that we apologize for ment that the Federal Government’s excellent documentary. It was just a slavery, that Congress apologize for involvement in providing resources 30-minute documentary about Class slavery. I have connected the two. means that they would take over or be 104. Class 104 is in some school in New And I was shocked to find that a poll a detriment to decision-making at the York, an actual school. cited on ‘‘Nightline’’ stated that more local level holds any water at all. I want to congratulate the board of than 60 percent of whites were angry What it is, unfortunately, at the education for letting Channel 7 come in about the idea and said there should other end, is kind of an abandonment and film what was going on in the not be an apology for slavery. At the of the issue of the problem of edu- school. It is a first grade class that is same time more than 60 percent of the cation, abandonment of schoolchildren, overcrowded, 42 children in a first blacks said, yes; it was a good idea. while, at the same time, we are spend- grade class, and they were document- Even though it was not originated by ing enormous amounts of money for ing the dilemma or the problems faced blacks and the Black Caucus is not the other kinds of things that are far less by a teacher of 42 children in a first sponsor, it is the gentleman from Ohio necessary. grade class. [Mr. HALL] and a group of well-mean- For example, the B–2 bomber. One of Just to move around the room was a ing individuals, who deserve to be ap- the votes that took place last week, problem. And then, of course, they very plauded for what they have done. which would be upsetting to most of sensitively zeroed in on three children, It is not a power play, but a very sen- us, common sense would dictate that to talk to their parents, and to get an sible kind of approach to providing we did the wrong thing, was a vote on example of what does it mean to be in healing and reconciliation in a situa- the B–2 bomber. The B–2 bomber is not this class with 42 children competing tion that needs more healing and rec- needed, according to the President. The for the attention of one teacher. onciliation. But it set off a furor. And B–2 bomber is not needed, according to And it was an excellent production the fact that 60 percent of whites in the Joint Chiefs of Staff. The B–2 and I urge that my colleagues contact America, their first reaction, and I bomber is not needed, according to the Channel 7, which is an ABC affiliate in hope that that reaction will change, I head of the Air Force. The person in New York, and maybe they will send a hope that was the first reaction and charge of the Air Force says we do not copy of the documentary on Class 104 that they will stop and consider and need it, the President says we do not and what it means to have children in that that will not be the reaction a few need it, the Joint Chiefs of Staff say we an overcrowded situation who are that weeks from now, or certainly a few do not need it. Still, we come to the young. months from now, after more thought There was one very sensitive young floor and disregard all of that and vote is given to the power of the apology ex- man who was totally lost and begin- to keep funding a B–2 bomber, the cost ercise. But the fact the initial reaction ning to hate school despite the fact of which will escalate as they move was that way is part of the problem in that he had a high IQ, very intelligent. into production, and it increases. terms of decision-making here in the He was off to the wrong start and be- My colleague, the gentleman from Congress. ginning to hate school. b California [Mr. DELLUMS], stood on the There was another young lady who 1815 floor and outlined how we are talking was very aggressive, and she was only This is a reaction which tells me that about $28 billion that will be needed becoming more aggressive because of people are ready to move to forget any- more in the budget in future years at a the fact that in order to get the teach- thing related to a special sector of the time when the budget will be set. And er’s attention she had to be aggressive population. Anything that you attach if we are to balance the budget, that and do things that forced the teacher to the descendants of slaves, the Afri- means that $28 billion worth of other to pay attention to her. She was doing can-Americans, anything you attach to programs would have to come out of much better than the sensitive young them gets hostility. And that is an the budget in order for the B–2 bomber man who was not aggressive. even greater argument for having the to be accommodated. Despite the fact Children should not be put into a po- apology exercised, for having a discus- that we clearly understood the mathe- sition where they have to fight for the sion of it, because we still are getting matics and the arithmetic, the B–2 attention of a teacher. That kind of this automatic, almost instinctive hos- bomber was voted for continued fund- abandonment represents a kind of in- tility: ing. stitutionalized brutality, a child abuse Why should we do it for the blacks, So it is not a matter of money, it is that is institutionalized. We know if we for the African-Americans? Why should a matter of attitudes. And those atti- put 42 children in a first grade class it we have a school construction initia- tudes are what we have to confront. means that children will be kind of tive which is primarily going to benefit The attitudes have nothing to do with brutalized and yet we do it. the inner-city communities where Afri- common sense. The attitudes have I want to make a connection here at can-Americans go to school? It may nothing to do with scientific reasoning, this point with another issue, and that not be the indication, but that is the certainly. They have nothing to do is the issue of the apology that I talked reasoning. Why should we have a wel- with logic. Logic would dictate we do about some time ago that received a fare program which really provides jobs not continue to build bombers that lot of very intense response. The apol- and training and moves people along military authorities do not want. ogy that was proposed by the gen- the road to establishing some dignified But of course there are some Nean- tleman from Ohio [Mr. HALL] in a reso- connection with the mainstream eco- derthal considerations, like the fact lution that the Congress apologize for nomic system? Why should we have that contracts are given out to fac- slavery. It caused a lot of furor. that if it is going to blacks? tories and manufacturing firms and so These issues that are taking place That is the underlying current there forth who produce the B–2 bombers and right now in terms of appropriations that needs to be dealt with, that we they have spread around the produc- and budgeting, of tax expenditures, the still think that there are deserving tion of the parts in various States and abandonment of certain areas, certain Americans and undeserving Americans. localities. Everybody sees themselves populations, the abandonment of cer- And anything that relates to African- as having a piece of the pie. Whether tain programs, the willingness to run Americans, the first reaction is that the pie is good for America or not, they and vote for a B–2 bomber while we they are undeserving Americans; they have their piece so they vote to con- cannot find it possible to vote for do not deserve empowerment zones, tinue the funding of the B–2 bomber, school construction, while we cannot they do not deserve school construc- while we do not fund or refuse to pro- find it possible to vote for tion initiatives that might benefit vide even a measly $5 billion over a 5- empowerment zones. It all relates to them in education, they certainly do year period for school construction. the fact that we have sort of stumbled not deserve an apology. Apology means Two weeks ago, I think it was June and lost our way at this point in Amer- we have got to recognize the problem. 28, there was a documentary on tele- ica. The gentleman from Ohio [Mr. HALL] vision. It was not national, unfortu- There is a connection between the did not talk about reparations or any- nately. I think it was a local television furor, and there was a lot of upset peo- thing complicated, just a apology. But July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5475 the instinctive reaction means that later as we moved into the fight to end have 60 percent of whites who auto- they understand the apology needs rec- legalized segregation and Jim Crow. matically think it is a bad idea. ognition, they recognize that there was But why can we not propose it now? It is all right for the Germans to a problem, and if they have a problem, Why can we not entertain a discussion apologize to the rest of Europe for they might have the obligation to seek of apology for slavery and the implica- what was done in World War II. It is all a solution. tions of it at this point of history? right for the Swiss to apologize to the Well, so be it. Apology does mean We are sort of at a pinnacle right Jews for their conspiracy with the Nazi that we recognize that there was some- now. Consider what is happening right government to take their gold and thing that happened in the past that now in 1997 in America. The stock mar- their deposits away from them. It is all ought to be recognized as a problem. ket, Dow Jones Industrial index at right for the Japanese to apologize for The impact of that on people in the 8,000, unprecedented activity on the what they did in Asia. But suddenly present is something we can debate. As market. The dollar is stronger than the idea of apologies upsets us a great we debate it, we may come up with an ever before against the yen and mark. deal. obligation to seek a solution to the We are rated against our competitors I want to just drive this home by fact there was a great impact. economically, doing much better. Our reading a very disturbing article that I Two hundred thirty-two years of economy is outperforming. We have read, by a top-flight columnist for the slavery had an impact on the descend- licked inflation. Employment is mov- New York Times. I have read other col- ants of slaves. I mentioned before that ing forward despite the low inflation. umnists who also thought the idea of the first impact is that none of them We are on a mountaintop. America is the apology was ridiculous and at- could inherit anything. Two hundred on a mountaintop. We do not have an tacked it with great passion and vehe- thirty-two years, from one year to an- evil empire to fight anymore. Peace mence. other, one generation to another, noth- might exist for many decades to come Mr. Russell Baker’s column of July 1, ing was handed down. or maybe even for hundreds of years. 1997, in the New York Times follows in We know from studies that have been This is a point in our history where we the same vein. Mr. Baker is a brilliant documented that most wealth is accu- should not be squabbling about the writer, and although I often do not mulated from inheritance. Big million- NEA’s funding or about vocational edu- agree with him, his writing is always aires and lucky guys who find gold cation not having a provision which entertaining. Mr. Baker is extremely mines and oil fields, that is something takes care of women and peculiar prob- competent, intelligent, knowledgeable; else. Most wealth in the world is gen- lems that they have had in the voca- and that is why his article is even more erated by one generation passing on to tional education area. We should not be disturbing. another, handing them down, some- squabbling about those things. I am just going to read a few quotes times in small amounts. Small We should not be passing legislation from Mr. Baker’s article about apolo- amounts accumulate. People have cap- which obligates us for billions of dol- gizing, because I find it very, very in- ital and then invest it. lars for B–2 bombers, while we at the teresting about these people who get But if we go back in the genealogy, same time cannot conceive of the fact upset and outraged by the notion that trace economic genealogy of people, we that we should have more money avail- they are being asked to apologize. I do will find that those who have the bene- able for education in the form of school not know what kind of family values fit of this, which is just about all construction. they have or what kind of upbringing Americans except two categories, they We ought to be able to relax, to use they have. have been the beneficiaries of inherit- our reason to its maximum. We ought But I remember very well my mother ing property, inheriting pots and pans, to be able to relax and have the leaders once told me, after I had stepped on a of accumulating enough to use that as in Congress listen to the people. The little girl’s foot as I was rushing to get, a jump-off point for something else; polls out there show that the people, I think it was a church picnic and they and that is the way wealth in America with their common sense, still think had ice cream. I was rushing and has moved, and most nations have, education is the high priority. I do not stepped on a little girl’s foot and she moved in the same way. It is passed think that they have defense as high as started crying. I hurt her foot, and my down from one generation to another. education at this point on the polls. mother said, ‘‘Go apologize.’’ Well, my The native Americans, of course, who Nobody is more familiar with the first thought was, apologizing is some- owned the land when the Europeans ar- polls than the people who are in the po- thing that is not going to help her. I rived here, that is not the case. It was litical leadership here, or we politi- stepped on her foot. It is hurting. My kind of a reversal. The land was taken cians in general. We know what polls apology will not help her at all. I said away from them in many cases and are all about. We listen to polls. And to my mother, ‘‘I’m sure she’s all right. they could not pass it down. Certainly yet the polls that clearly show the pop- Why should I apologize?’’ She said, ‘‘Go the African-Americans whose ancestors ularity of education and the Federal apologize.’’ were born in chains against their will, Government’s involvement in edu- If I had not gone and apologized, I and then they were forced into labor cation are being ignored systemati- probably would have been sort of and the accumulation of wealth, none cally all the time. Only at election slapped across the mouth or roughed of that wealth was shared with them. time in 1996 did they bother to listen in up a little bit, because my mother They were not paid for their labor. order to save their skins at the polls. would want her child to acculturated So nothing was passed down for 232 Now that we are a year and a half in that way to understand apologizing years by African-Americans, the de- away from an election, nobody wants is part of the process of being a civ- scendants of a people who, in the long to deal with the problems of education ilized human being. It is not a time to chain of the Nation, could not pass that the rest of the American people get into the logic of apologizing will down that kind of wealth. So it means overwhelmingly want to deal with. So not help her foot, apologizing will not that we arrive at this point in history we are at a pinnacle, we are at a very ease her pain. with a deficit that has to be recog- advantageous spot. But here arguments are saying apolo- nized. Why can we not listen to the polls, gizing will not ease pain, so it is ridicu- All these kinds of complicated issues listen to the mind of the American peo- lous. Do we raise our children that would not be put on the table if we rec- ple? Why can we not entertain and way? But the argument comes across ognized that there was a great criminal even invite a discussion of very con- from a number of columnists that it is enterprise called slavery and it gen- troversial issues that might open the ridiculous because it cannot go back erated these kinds of problems. We can door for reconciliation and healing? and undo the hurt. have a search for a solution now, how- The whole matter of the apology for Anyway, let me just do Mr. Baker ever, in an atmosphere which is not so slavery is one of those things that the honor of quoting from his article, tense and stressful. might open the door that takes us for- straight from the New York Times, We could not propose such an apol- ward into the 21st century with a new July 1, 1997. It is entitled ‘‘Sorry About ogy after the end of the Civil War. We kind of mind-set. The present mind-set, That,’’ which is already a little sar- could not propose it even 100 years as I said before, is unfortunate when we casm introduced. It is arguing that H5476 CONGRESSIONAL RECORD — HOUSE July 17, 1997 apologizing for slavery would show only gratify the apologizer’s desire to ‘‘Come on, guys. Be reasonable. It’s great sensitivity. ‘‘Why anyone would feel good about himself. It invites the too late to give it back. Anyhow, we propose such an aimless exercise, ex- audience to compare his moral tone to gave you a legal crack at the gambling cept to demonstrate great sensitivity, that of his ancestors, so derelict in rackets.’’ He is talking to the Indians is hard to say.’’ their respect for humanity, and come now. Now, if I had said to my mother, out a winner.’’ ‘‘Few will quarrel with the govern- ‘‘Why should I go back and apologize? I do not know what is wrong with ment for apologizing to Americans of All I am doing is demonstrating great having anybody feel good about them- Japanese ancestry who were put in sensitivity,’’ she would have thought selves if that is the only benefit. I concentration camps during World War that she made a great error in the way think there are many other benefits II. Since many who had suffered this she raised me, or she would have but feeling good about yourself is a monstrous assault are still alive, the thought it was time to get to work dis- first step toward feeling good about apology was not just another piece of ciplining me to show great sensitivity, others and reacting to others in a posi- posturing.’’ part of being a human being. Why do tive way. I have no quarrel with people In other words, he has introduced the we want to say it is an aimless exer- feeling good about themselves. idea of apologizing to the Indians. Then cise? But that is what Mr. Baker says Continuing with Mr. Baker’s article, he ridicules the idea of apologizing to here. ‘‘Why anyone would propose such ‘‘It not only enhances the apologizer’s the Indians because, after all, the peo- an aimless exercise, except to dem- self-esteem, it doesn’t cost him any- ple who did the terrible things to the onstrate great sensitivity, is hard to thing. This is an important consider- Native Americans are now dead and we say.’’ ation nowadays when government’s have at least given them a crack at the To continue quoting Mr. Baker: chief goal is to avoid spending money gambling rackets through the casinos ‘‘Both parties to the slave and owner on life’s losers so the rest of us will so why do we not just forget it. relationship being long dead, there have more to spend on ourselves.’’ I think it is most unfortunate that could be nothing more grotesque than I agree with Mr. Baker whole- Mr. Baker in this little three para- the generation of white yuppies apolo- heartedly. Apologizing does not cost graphs is ridiculing the whole idea of gizing for the sins of long-buried ances- anything. All the more reason of why diplomacy and negotiations, the fact tors.’’ we should not hesitate to do it in my that our ancestors might have taken a I do not know where he got the ‘‘gen- opinion. But he is saying that because different route. There was plenty of eration of white yuppies.’’ The U.S. it does not cost anything, we should land and plenty of everything. The In- Congress is not a generation of white not do it. There is a lot of contradic- dians, the native Americans did not yuppies. We are the government. We tion and conflicts here. We should do have to be treated the way they were are representatives of the government. things that do cost money. The whole in order for America to be great. Everybody is the government, but we Congress is running away from doing Maybe there is a lot that would have are the spokespersons for the govern- things that do cost money. I suspect been different if we had the same sen- ment; the government that was there that a lot of people are afraid to apolo- sitivity then that we do have now. Let in 1776, however different it might have gize because they think the next step is us not trample or trivialize our present been; the government that was there in that somebody will want some compen- state of morality and our sense of what 1865, when the Emancipation Procla- satory programs or reparations or is right and what is wrong, how dif- mation was signed. I mean not the those kinds of things, but not Mr. ferent it is now from then. Unfortu- Emancipation Proclamation, when the Baker. If all we did was apologize, of nately, it came too late in the case of Civil War ended. This government was course, it would be kind of hypo- the slaves. It came too late in the case there when the 13th Amendment that critical, but why not take the first step of the native Americans. But under- freed the slaves was passed. We are still and we will take our chances. Let the stand that there was a different option, part of the same government, so I do Congress go forward with the resolu- a different route and the fact that our not know why we suddenly have be- tion of the gentleman from Ohio [Mr. ancestors did not follow that route is come white yuppies. HALL] and vote to apologize. Let there something that might be worthy of But to continue quoting from Mr. be a first step. It would not hurt. apologizing for. Baker: ‘‘Surely, no sensible descendant Continuing with Mr. Baker’s article, We can apologize, however, for the of slave forbearers look on such a spec- ‘‘Like every country, the United States Japanese and the concentration camps tacle without disgust for the hypocrisy has a lot of history to apologize for. because some of them are still alive. of it.’’ Again, ‘‘Surely, no sensible de- After apologizing for slavery, we could That is kind of weird reasoning. These scendant of slave forbearers look on move ahead to apologizing for what our things stay alive in the conscience of a such a spectacle without disgust for forebears did to the Indians.’’ people forever. They never go away. I the hypocrisy of it.’’ I am quoting Mr. Baker. I agree, Mr. am going to point that out in a few Well, Mr. Baker is clearly wrong. Baker, why not go ahead and apologize minutes from his own examples. Sixty percent of the descendants of for what was done to the Indians? Who To get back to quoting Mr. Russell slaves said they thought apologizing would it hurt? Baker, ‘‘Many others are still alive was a good idea. According to the polls ‘‘Was it genocide? No, the word who lived in that time and admired that had been reported, 60 percent of hadn’t been invented until it was all Franklin Roosevelt, the man who au- the slave descendants, I being one, see over,’’ according to Mr. Baker. ‘‘The thorized those camps.’’ nothing wrong with apologizing. words that had Americans spellbound My father thought Franklin Roo- b 1830 back then were ‘manifest destiny.’ Des- sevelt was the greatest man in the We do not look upon it with great tiny had given us a continent to popu- world, that ever lived, except for Jesus disgust. We do not consider it hypo- late. The Indians were in the way. Des- Christ, I guess, and I almost place critical. tiny demanded their removal. Such was Franklin Roosevelt in a similar cat- But continued Mr. Baker, ‘‘No sen- the argument, anyhow. With that egory. I still think he is a great man, sible white American could coun- nasty history now far behind, would an the greatest of all American Presi- tenance it without feeling embarrassed apology not be civilized? Would it not dents. But he made some mistakes. by its shabby theatricality.’’ show modern Indians how much nicer That was one of the mistakes that he He may be right, because after all I than our forefathers we are?’’ made. Anybody who had to make so just told you 60 percent of white Amer- ‘‘Sorry, folks, for the brutality of our many decisions for such a long period icans said we should not apologize. I do morally inferior ancestors. If it had in such a critical and stressful situa- not know whether they were worried been us in charge with our enlightened tion would make mistakes. Franklin about shabby theatricality or some- new age sensitivity, instead of those Roosevelt made a mistake. We should thing else, but he says it is shabby the- immoral old-timers, it would never apologize as we did officially apologize atricality that they are worried about. have happened.’’ to the Japanese Americans for what To continue quoting Mr. Baker, ‘‘Couldn’t we garnish the apology happened in World War II. That, we can ‘‘Apologizing for the country’s past can with some substance?’’ be proud of. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5477 ‘‘For those of us who in 1942 patrioti- tants won and have never for an in- past. A lot of every nation’s past is ter- cally accepted the camps as necessary stant dreamed of apologizing. Ireland rible, atrocious, barbaric, but there it for the country’s defense, the apology seems an unlikely country to relin- is, inescapable, monumental, the work forced us to admit that even we can be quish its hatreds after a dose of feel- of our dead ancestors many of them no terribly wrong when being tossed your-pain sensitivity.’’ doubt hateful, a few perhaps almost as around by the storms of history.’’ In other words, he is saying if Tony genteel and high-minded as you and I. That is the kind of reasoning that Blair, the new Prime Minister, should Apologizing for them would be as use- Mr. Baker applies to the apology to the decide to apologize to Ireland for the less and absurd as shaking a fist at the Japanese for the concentration camps conduct of the British Government Atlantic Ocean. It is painful to see in World War II. Why can we not take during the potato famine, then it is ri- them patronized by the pious sensitiv- the same logic and the same argument diculous because the Irish would never ity crowd.’’ and apply it to any mistake that is accept it. They do not believe in apolo- Anybody who wants to apologize is made in history and that we as a mat- gizing. That is why in Northern Ireland now a part of a pious sensitivity crowd. ter of hindsight can see was a mistake? the Catholics are at the necks of the The pious sensitivity crowd is engaged What is wrong with saying that slavery Protestants and this conflict between in a fad of apologizing. This does not was a grave mistake, a very costly mis- Protestants and Catholics rages on and take us anywhere but back into the take, a very dehumanizing mistake, a on. caves. It does not move our civilization very deadly mistake, but it was a mis- I would take the opposite approach forward at all. Reconciliation is more take that is worthy of at least an apol- and say maybe we can break the cycle important than revenge. That is the ogy. if Mr. Blair would apologize first and if lesson that they are learning and Going back to Mr. Baker, ‘‘Where it would encourage the Catholics to South Africa is illustrating. Haiti. In history is concerned, saintly judgment apologize to the Protestants or the Bosnia we will not have any forward is rarely possible until a century or Protestants to apologize to the Catho- movement until they also accept the two has passed.’’ lics, maybe you would end this blood- principle that reconciliation is more Again I agree with Mr. Baker. bath in Northern Ireland. Maybe you important than revenge. Reconcili- ‘‘Where history is concerned, saintly would begin to have healing and rec- ation is even more important than jus- judgment is rarely possible until a cen- onciliation in the place of violence. tice. Revenge and justice usually re- tury or two has passed.’’ Ireland defies all logic. Northern Ire- quire more conflict and more blood- Now he is contradicting himself in a land defies all logic. All these people shed. Reconciliation and healing re- wholesale manner, because if saintly are white and they are at each other’s quire that victims and injured parties judgement is only possible after a cen- throats. All of them are of the same accept the losses of the past and the tury or two has passed, then you can nationality, they are all Irish, and they present as a way of fertilizing the fu- only apologize with integrity, with are at each other’s throats. All of them ture with promise and hope. great vision, after people are dead for a belong to the same religion. They are Of course in the case of slavery, if we while. He began his argument by say- Christians. Why does the fighting go on do not recognize anything was done ing why apologize for something that and on in Northern Ireland? Probably wrong in the past, we cannot complete people did years ago and all of the vic- because no one has dreamed of apolo- the healing process. There is an under- tims and all of the oppressors are dead. gizing. Probably because the old Nean- standing that is not stated in our cul- Now he says you can only judge after a derthal caveman reaction that you ture, in our national life, that accepts century or two has passed. must forever and ever consider your the fact that slavery was wrong. We A century or two has passed. Slavery enemy an enemy, you must get re- fought a great Civil War, and the lives lasted for 232 years but it has been over venge, you must seek justice, probably of many white men were lost in the for more than a century, almost two because that dominates the thinking of process of setting the slaves free. We centuries. Now it is time to reflect and the leadership so much that they can- recognized that it was wrong and that to look at the mistakes and to look at not entertain another approach. Abraham Lincoln, under his leadership the residue of problems that were In South Africa, 25 million blacks and those who fought in the Civil War, caused by the mistakes and to deal were dominated by 4 or 5 million we have corrected that great national with it in a forthright, scientific, log- whites. The blacks have now taken wrong. over. They are the majority. They have ical, reasonable manner. But he says b that on the one hand because every- control of the government. They chose 1845 body is dead, why deal with it and on a different path. Instead of trying to But on the surface we still need to the other hand, you can only pass rea- punish, instead of seeking justice and have greater recognition and discus- sonable judgment until they have been retribution, they have a Truth and sion of it and not just bury it in our dead for a century or two. Reconciliation Commission. Their soci- subconscious. ‘‘England may be infected, too, with ety is taking a very positive movement If the descendants of the victims of the apologizing fad.’’ Now he is back to forward because they are refusing to go injured parties can accept their losses, his sarcasm and his reductio ad absur- for the old Neanderthal caveman reac- then certainly those who were the op- dum. Apologizing now is going to be a tion of I must punish those who did pressors ought to accept it and move fad. wrong to me. The whole Judeo-Chris- toward healing and reconciliation. ‘‘England may be infected, too, with tian tradition of moving in a different Surely the descendants of oppressors the apologizing fad. There is talk there manner has been accepted in South Af- who inflicted the injuries and the of apologizing for Britain’s indifference rica but not in some other places, like atrocities should be able to move on to to starvation in Ireland during the 19th Northern Ireland. seek reconciliation and healing. century potato famine.’’ In Haiti, they have chosen not to go Let me just conclude by saying when Why not apologize for the indiffer- for revenge and justice but to go for Jesus of Nazareth declared that if a ence of a government? The government reconciliation. Therefore, Haiti is not man strikes you on one cheek you made a mistake. A lot of people suf- adding on top of its other many eco- should turn the other cheek he intro- fered and died as a result. So why not nomic problems the problem of a new duced a radical formula for human be- apologize. kind of violence between those who had havior. Many Christians insist that ‘‘Tony Blair,’’ according to Mr. the upper hand before and those who this is one instruction they find it hard Baker, ‘‘the new Prime Minister has have the upper hand now. to follow. It is unnatural, it is a de- suggested something of the sort might To get back to quoting Mr. Baker, to mand or a command for extreme dis- improve relations with Ireland. Yes, it end his article, ‘‘Apologies for slavery, cipline. Turn the other cheek is an ac- sounds ridiculous. Northern Ireland is famine, the Indian wars, can these have ceptance of suffering that mutilates a place where one of the most passion- any purpose beyond asserting, in a one’s masculinity. It destroys one’s ate events of every year is the celebra- smugly self-congratulatory way, that normal concept of dignity. This is ex- tion of a battle fought in 1688 between we are better people than our ances- alted advice that must have come from Protestants and Catholics. The Protes- tors? They surely cannot undo the outside the Earth, for it requires that H5478 CONGRESSIONAL RECORD — HOUSE July 17, 1997 honor and common sense be surren- religion. Let us look at that turn the And of course there is all sorts of dered, traded in for a profile of pacifist cheek proposition. Let us look at it other tax provisions in there: the courage which will probably be labeled and build on it and understand that $1,500. If you have got a student in col- as cowardly weakness. The man strikes reconciliation and healing are more lege right now, the $1,500 to help you you on the cheek, then turn the other important than revenge and justice. get that student through college. cheek; we are not asking that kind of Let us understand what the gentleman But the good news, and we will see activity, that you engage in that kind from Ohio [Mr. HALL] is trying to do. more of this as we go forward this of activity and you have to suffer when He is trying to open the door a little evening, is there are more tax cuts you apologize. It is far easier to apolo- wider. Apology comes first, and after coming in the plan. gize than to suffer being struck on the that acknowledgment, recognition, The logical next step is to talk about cheek or to carry someone’s bag an more reconciliation and more healing. paying down the debt, and before I get extra mile when they ask you to carry Our society as a whole and our whole into this I think it is real important we baggage the extra mile. decision making process are on social pause and just make sure that we talk Instead of Mr. Baker’s opposition to issues and critical educational issues a little bit about the difference be- apologizing, I propose that in the style will all benefit if we recognize that tween the deficit and the debt. of a Vietnam Memorial Wall we should nothing is lost by beginning with a Every year since 1969 the Federal erect a wall that is called the Inter- process of apologizing. We have con- Government has been spending more national Monument of Apologies. In quered overwhelming external enemies, money than what it has in its check- the past we have glorified great war- and now it is time to grow again in book. It is not a lot different than our riors and conquerors. Now let us lift up America. The stock market and the home. In our home we have income, we and pay homage to all those who apolo- evidences of prosperity are at an all get a paycheck every month or every gize. Let us usher in a new era of civili- time high. This is a time for us to week, depending on what kind of setup zation with ceremonies of apologies. strike out for a new moral high ground, you have, but at any rate you get a Yes, it is true that most of the apolo- a new moral high ground which would paycheck, you put it in your check- gies will be emotional symbolism. be beneficial to all of us in America book, and you write out checks to pay However, symbols and symbolism are and to the whole world. your bills. life and death matters among human f Well, in your home you cannot write beings. PROGRESS REPORT ON THE out checks for more than is in your Perhaps at the top of this Inter- DEFICIT checkbook, or of course the checks are national Monument of Apologies the going to bounce. Well, what the Fed- Greeks, who have left us so many other The SPEAKER pro tempore. Under eral Government has been doing since symbols, could lead off with an apol- the Speaker’s announced policy of Jan- 1969 is collecting taxes, putting those uary 7, 1997, the gentleman from Wis- ogy. Let the Greeks begin by apologiz- tax dollars that they take out of your consin [Mr. NEUMANN] is recognized for ing to the ghost of a Trojan nation that pocket into the government checkbook no longer exists. The Greeks assembled 60 minutes. Mr. NEUMANN. Mr. Speaker, I rise and then writing out all kinds of vast war mongering states, and they this evening to bring America some checks. marched into Troy, they wrecked the The problem in the government is it good news for a change and to talk to place, and when they could not win the is very different than in our homes. my colleagues about some of the battle, they abandoned all inter- progress that has been made out here When the government writes these national conventions and standards of in the last 3 years because it is signifi- checks out, they write out checks for diplomacy and they tricked the Tro- cant and it really brings us to the ques- more than what is in their checkbook. jans into getting inside the wall, and tion of what next. That is called the deficit. Since 1969 then they massacred the women and We came here, many of us came here, every year the government takes the children, especially all the males, out of the private sector with no politi- money out of your pockets, puts it in and they ought to apologize for that. It cal background, myself included, and their checkbook and then writes out may be only mythology, it may be fic- we came here in 1995 set on the idea checks for more money than they have tion, but still it would symbolically that it was our responsibility to do in the checkbook. That is the deficit. lead off the apologizing. something about the deficit to get us Well, what happens with that deficit? Let the Italian Government apologize to a point where this Government Since their checkbook is overdrawn, for the destruction of the ancient land spent no more money than it brought they really only have one thing that of the Jews and dispersal of their popu- in, to get us to do something about the they can do; they go and borrow the lation by the Romans. Let the Italian high tax rates in this country, and we money to put in their checkbook. Government apologize for what Nero were very concerned about Social Se- And here is what has happened over and the citizens of ancient Rome did to curity and Medicare as it related to our the course of the last few years: the early Christians. Let the Spanish senior citizens. From 1960 to 1980, the growth of the and Portuguese apologize for their ini- It has been a great day in Washing- debt was fairly small. But from 1984 tiation of the Atlantic slave trade, Af- ton because today we actually intro- forward, you can see that government rican slave trade. Let all the nations duced a bill that deals with the next has been overdrawing their checkbook who participated in slave trade apolo- step, and in order to deal with the next by a substantial amount. gize. Let the British apologize for the step; that is, paying down some of that So what happens? open war against the Chinese. Let the debt, you first have to recognize we are Well, in the year 1980, for example, Japanese apologize for Pearl Harbor. in the third year of a 7-year plan to they wrote out more checks than what All the nations of ages. balance the budget, we are on track they had in their checkbook, and they You know, why not go forward and and ahead of schedule, Medicare has borrowed the money, and the debt build a new kind of civilization on been restored so our senior citizens can started growing. By 1985 you can see apologizing? There is nothing wrong rest assured that Medicare is safe for the debt was growing more and more, with having a great wall of inter- at least another decade, and good news and every year they kept writing out national apologies for us to come and for virtually every American all over more checks than what they had contemplate what our Governments this country: money in their checkbook, and the have done in the past and are willing to Taxes are coming down. We have got debt just kept growing. own up to in the present. a $500 per child tax credit coming Now I point to this chart because it Let us take our civilization to a new through. If you own stocks or bonds or is about the best picture that I have dimension. We readily go to Mars and have a retirement fund of any sort, the seen to show just how serious this we land on Mars and applaud the tech- capital gains tax reduction will affect problem of debt is, because every year nology and science and how radical you and allow you to keep more of when they go out and borrow that that is. Let us in the area of human be- your own money instead of sending it money to make their checkbooks sol- havior strike in a new direction. Let us to Washington. The death taxes are vent, of course, it just gets added on to follow the precepts of Judeo-Christian coming down. the debt. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5479 To show you how serious this prob- ington talk about balancing the budg- more dollars in the social security then lem is, we are currently about here on et, what they are talking about is their what we pay back out to seniors in this debt chart. It is a very, very seri- checkbook. They are talking about benefits. That money is supposed to be ous problem facing this country. stopping the practice of spending more sitting here in a savings account some- Now, when Washington tells the money than they have in their check- place. Well, it is not here, and I do not American people that they are about to book every year. think this is any big surprise to any- balance the budget, what that actually Well, what that means is after we one. The money has been spent on means is they are going to quit spend- balance the budget, we have still got other Washington programs, and in ing more money than they have in this $5.3 trillion debt hanging over our fact the Social Security trust fund is their checkbook. head. all part of this $5.3 trillion debt. Now most Americans would ask the Now I started this evening by saying it is a wonderful night tonight because same question they do in Wisconsin. b 1900 They would ask the question: today we introduced a piece of legisla- Well, if you balance your checkbook; tion that goes to the what next. The As we pay back the Federal debt, the that is, you stop spending more money what next of course is what do we do second thing that happens is we put the than you have in your checkbook, what about this $5.3 trillion debt? Do we pass money back into the Social Security about that debt that is still out there? it on to our children? trust fund that has been taken out, so And I should show just how big that And I am talking some flack over our senior citizens can again be assured number is, that we actually put a num- this bill, to be perfectly frank were that Social Security is solvent at least ber to it as we would in our own homes you. We had a former Vice Presidential to the year 2026. with our own checkbooks. candidate that said that we do not So this bill really has something in it The debt, the amount of money that have to worry about the debt. In fact, for all generations. To the young peo- the government has overdrawn their Jack Kemp said that the debt will take ple, they will not have to make that checkbook by, in 1969, they borrowed care of itself over a long period of time $580 a month payment to Washington it, and then in 1970 they borrowed some and we really do not need to worry to do nothing but pay the interest on more, 1971, and all the way through to about paying the debt back. When we this debt. Instead, they can keep that and including this year; that debt adds start running surpluses; that is, when money in their own homes for their up to $5.3 trillion. The number looks we start collecting more taxes than own families and decide how to best like this, but let me translate that into what we write out checks, why do we spend their own money. That is what English. not just do all tax cuts and not worry this should be all about. So to the It is effectively the same as $20,000 about this debt? young people, they get a debt-free na- for every man, woman, and child in the Well, I want to tell you there is two tion. What a wonderful opportunity gentlemen, and we are not allowed to United States of America. Again, this that is in this bill. show them here because of House rules. is the debt, this is the amount of For the people that are working On the floor here with me this evening, money they have actually borrowed. today, one-third of those surpluses are my son is here, and the reason we can- This is the money that we will pass on dedicated to additional tax cuts for not look the other way is because it is to our children if we do not do some- working families in America today, so not acceptable for us in our generation thing about it. the good news is for people in the work to pass this $5.3 trillion debt on to our Another way of looking at this is for force, taxes go down some more. children. Is it really fair that our gen- a family of five, like mine, the Federal For our senior citizens, the Social eration spend this money and look the Government has actually borrowed Security trust fund, the money that other way and say, ‘‘Well, let’s hope it $100,000 basically over the last 15 years. has been taken out by the Washington takes care of itself,’’ or do you think Put another way, the Federal Gov- bureaucrats and spent on all kinds of we more have a responsibility to do ernment spent $100,000 more than what other programs, that money gets put something about the debt much like it took in in taxes from an average back into the Social Security trust any homeowner would do with any debt family of five, like mine, and here is fund and Social Security once again against their home? becomes solvent for our senior citizens. the real problem with that: The bill we introduce today is much A good day in Washington, a good A lot of people in this community like repaying a home loan. It is much day in Washington is where we can in- would like to say, well, do not worry like any family in America would do troduce a bill that actually talks about about the debt, it is no big deal, it will where you simply start making pay- paying off the Federal debt, lowering go away, but here is the real problem: ments on the debt, and over a 30-year taxes and restoring the Social Security The real problem is that an average period of time we repay the Federal trust fund. That is what happened family of five in America today sends a debt. Here is what the bill does: check for $580 every month to Washing- After we reach a balanced budget we today. ton, D.C., to do nothing but pay the in- cap the growth of government spending What kind of support do we have on terest on the federal debt. 1 percent below the rate of revenue this? Let me start with the Members of Now, the families out there should be growth. That creates a surplus because, Congress. In the House of Representa- thinking about, well, what could we do if you are in balance to start with, tives we have roughly 100 sponsors if we did not have that debt. Well, you spending goes up by one amount a lit- from both sides of the aisle. I am happy would keep the $580 in your own pock- tle bit less then revenues go up. That to say there are Democrat cosponsors et, and a lot of them are going, well, I creates a surplus. That surplus, we in this as well as Republican in the do not know what he is talking about take two-thirds and we apply it toward House. We have people such as Speaker because I do not really pay $580 in in- paying down the Federal debt. We take GINGRICH. The gentleman from Geor- come taxes. one-third and supply additional tax gia, Mr. NEWT GINGRICH is a cosponsor But I would like to point out that cuts to the American people. of the bill; the chairman of the Com- when you walk in a store and you buy Well, 2 things happen under this bill, mittee on Appropriations, the gen- a loaf of bread and the store owner actually 3 things. One is there are addi- tleman from Louisiana, Mr. BOB LIV- makes a small profit on the loaf of tional tax cuts for the American peo- INGSTON, a cosponsor of the bill; the bread, part of that profit gets sent out ple. But 2 other very significant things chairman of the Committee on the here to Washington in the form of a happen. The first and what I consider Budget, the gentleman from Ohio, Mr. tax, and that is part of the $580 a to be the most important: We pass this JOHN KASICH, a cosponsor of the bill; month that our families are paying in Nation on to our children debt free. By the honorable chairman of the Com- interest on this Federal debt. the year 2026 under our plan, the Fed- mittee on Rules, the gentleman from So again there are 2 different topics eral debt is repaid in its entirety. New York, Mr. JERRY SOLOMON, a co- here. One is the deficit. The deficit is Again by 2026 the debt could be repaid sponsor of the bill; the gentleman from the amount that the Federal Govern- in its entirety under this plan. New York, Mr. BILL PAXON, a cosponsor ment overdraws their checkbook by The other thing that happens is of the bill; 100 cosponsors in the House every year. When the people in Wash- equally significant. Today we collect of Representatives already on this idea. H5480 CONGRESSIONAL RECORD — HOUSE July 17, 1997 It goes beyond that. It goes beyond 1995, what has happened from 1995 to This is what led to the 1994, if you that. We had an interesting conversa- today, and then how we can get to the would like, I would call it an uprising tion. Think about this range of sup- point where this bill is actually put of the American people. It was not a re- port, from the Speaker, the gentleman into place and actually used. volt in Washington, it was the Amer- from Georgia, Mr. NEWT GINGRICH to To begin this discussion, I want to ican people saying, we are sick and the conversation I had yesterday with start with the past. I have to say that tired of these people making promises a well-known American citizen, Ross the past is before I was actively in- to us out there in Washington. We are Perot. volved in politics. Before 1990 I was sick and tired of those promises that We are going to see Ross Perot to- never in politics. I was working very were broken. morrow and present the rest of the de- hard building a business out in Wiscon- At this point I might add that the tails of the plan in person to him, but sin. We built the business from the Democrats were in control of both the he is very optimistic and very support- ground up. In the end we were provid- House of Representatives and the Sen- ive of the plan, because of course it ing about 250 job opportunities in ate and the Presidency. They said, we does what he talked about doing for southeastern Wisconsin and in north- are sick and tired of those broken the last 5, 7, 8, 10 years, and that is bal- ern Illinois. promises. So we got to 1993. This was ancing the budget and paying off the What was going on out here in Wash- going on. Federal debt. So we have a wide range ington is that people in Washington In 1993, they said well, we had better of support for this. were making a series of promises to the get serious about this. Our checkbook It goes beyond that. Two hundred American people, and they kept get- is really overdrawn. The people that fifty thousand members of Capitol ting broken. That is what drove many were in Washington in 1993 said well, Watch have signed off as endorsing the of us out of the private sector, and with the only thing we know to do to bal- plan. United Senior Citizens Associa- a concern for our children and future ance our checkbook is to reach into the tion, let me see what they say about it: generations of this great Nation, we pockets of the American people and Since its inception, the United Senior left the private sector to serve our take out more money. That was the Citizens Association has lobbied Con- country for a period of time, undo what tax increase of 1993: broken promises gress to restore the stability of the So- was done in those broken promises, and higher taxes. That is before 1995. cial Security trust fund. The introduc- hopefully straighten this out, and then That is before the American people tion of the National Debt Repayment return back to the private sector. sent a new group to Washington to Act is a step toward making Social Se- Let us look at the promises. Let us change these broken promises and curity solvent. think back to before 1995. This is the higher taxes. The Council for Government Reform: past. This is before the American peo- I would hope all of my colleagues On behalf of over 250,000 members of ple basically provided the impetus or take a moment tonight to remember the Council for Government Reform, I the revolt, if you like, of what was the tax increases of 1993, because we urge you to cosponsor and support going on. They did that in 1994. need to remember what that environ- MARK NEUMANN’s legislation entitled Let us go back before then and talk ment was back in 1993, the broken the ‘‘National Debt Repayment Act.’’ about what was promised in the late promises and the higher taxes, to un- Coalitions for America: Coalitions 1980’s and early 1990’s. I have up here derstand just how far we have come in for America supports the National the Gramm–Rudman–Hollings Act. the last 3 years. Debt Repayment Act of 1997. We do so This blue line shows how they prom- Remember, in 1993 they raised gaso- for the simple reason that your bill ised they were going to get to a bal- line taxes, they raised Social Security sheds some sadly needed light into the anced budget. Notice, it reaches zero in taxes, the biggest tax increase in his- tremendous load of red ink America is 1991. That is to say, they promised the tory, and there was a huge fight out drowning under. American people they would balance here in Washington. As a matter of Business-Industrial Council: On be- the budget by 1991. fact, they passed the bill by one single, half of 1,000 member companies, the I watched this thing from its incep- solitary vote in the House of Rep- U.S. Business and Industrial Council, tion, only when they promised it was resentatives, and not a single Repub- USBIC, I would like to extend our sup- going to get balanced; instead what lican would vote for the tax increase. port for the National Debt Repayment happened is this red line. That is the So it went over to the Senate. In the Act of 1997. deficit line. That is how much they Senate they again passed it by one sin- The gentleman from Georgia, Mr. overdrew their checkbook by. I was out gle, solitary vote, the biggest tax in- NEWT GINGRICH in a press release there working hard to run a business, crease in American history, and it strongly supporting it: The Debt Re- make sure those 250 people got paid passed both houses by one single vote payment Act takes us in exactly the every week, and I was watching Wash- and was, of course, then signed into right direction to lead a national dia- ington overdraw their checkbook every law by the President. logue on how to best deal with the sur- week. It was very frustrating to watch. What was the result? The result was pluses once the budget is balanced. When they made this promise and the American people said, I am sick I can keep going on this, but the bot- then broke it, they overdrew their and tired of these promises being bro- tom line is the support for this thing checkbook by even more than they said ken. I am sick and tired of the people and the range of support, from Repub- they were going to, many Americans in Washington thinking that the right licans to Democrats, from the Speaker got very angry at this situation as they solution to their spending habits is to of the House to Ross Perot, the support felt threatened for the future of our reach into the pockets of the American for this particular idea grows because country. I do not care what anybody in people and take more money out to it is a commonsense, straightforward this community says, the American Washington. We have had it with that. approach for this great Nation we live people do care about this country. So in 1994, they elected a new group in. They care about what kind of a coun- of people and sent them on out here to What a dream for America. What a try we are going to pass on to our chil- Washington. Again, I would emphasize dream for this great country: a bal- dren. that at that point the House of Rep- anced budget, lower taxes, Medicare re- So they saw they could not live up to resentatives was taken control of by a stored. And now the next step: We pay what they had promised in 1985 and new party, by the Republican Party. off the debt so our children can get this they put a new plan into place. They The Senate also was taken over by the Nation debt free, we restore the Social called it the Gramm–Rudman–Hollings Republican Party at that point. Security trust fund so it becomes sol- Act of 1987. This one provided another But it is not the party difference that vent again, and we continue the proc- blue line, another series of promises. It is important here, it is the change in ess of reducing the tax burden on work- was supposed to be balanced in the what was happening and the concept of ing families in America. What a dream early 1990’s, but instead of following the way to solve the problem of bal- for this great Nation we live in. their promise, again they broke it and ancing the budget, reaching into the I would like to next go to a little bit overdrew their checkbook by massive pockets of the people and taking more about what has been happening before amounts of money. money out to Washington, or the very July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5481 different view that was brought in in and leaving more available in the pri- Government, unfortunately, is still 1995. vate sector, keeping the interest rates getting bigger, so we have plenty of The different view went like this: In- down so people would buy more houses room to move this plan forward to the stead of reaching in the pockets of the and cars, providing more job opportuni- next step and stop government from American people and taking more ties, it worked. growing at all. But at this point, what money out here to Washington so we We are now in the third year of that has been done is the growth of govern- can maintain big government, instead plan, and again, in the third year we ment spending has been slowed. It is of doing that, what we are going to do are not only on track but ahead of the slowing of that growth of govern- is curtail the growth of government schedule. That is the debate going on ment spending that has led us to a spending. When we curtail the growth in Washington today. We are well point where we can actually both bal- of government spending, since the gov- ahead of schedule to be to a balanced ance the budget, probably by 1998 or ernment spends less, that means they budget by the year 2002. 1999, well ahead of schedule, and reduce will not need as much money out of the Has anything changed? Mr. Speaker, taxes on the American people at the pockets of the American people. When I would like to point out that under same time. they spend less, of course, they are the Gramm–Rudman-Hollings, they What a wonderful situation this is going to borrow less. never hit the targets. Under the new and what great news this is for Amer- Here was the theory. If the govern- group that is here since 1995, we have ica. Instead of in 1993 talking about ment borrowed less money out of the not only hit the targets, but we are higher taxes, we have in fact curtailed private sector, that would mean there ahead of schedule in the first year. We the growth of government spending to would be more money available in the not only hit the target, but we are a point where we can both balance the private sector. More money available ahead of schedule in the second year. Federal budget and at the same time in the private sector would keep the in- We not only hit the target, we are provide tax relief for the American terest rates down, and when the inter- ahead of schedule in the third year. people. est rates stayed down, people would The good news for the American peo- It is good news for America. That is probably buy more houses and cars, be- ple is that we may very well have a what I said when I started this evening, cause they could afford them. When balanced budget by next year, we are it is a great day in Washington. And they bought more houses and cars, peo- so far ahead of schedule on our plan. there are not a lot of great days in ple would have to go to work building Because the idea of the government Washington, believe me; but it is a those houses and cars. Of course, when borrowing less, keeping the interest great day, because we know that what they went to work they were leaving rates down so people can afford to buy has been tried in 1995, that model that the welfare rolls and went into the houses and cars and provide job oppor- was put into place, we know that work force. tunities, that working model of 1995 model actually works, and it is very, I have good news. We have now worked so well that we are probably very important. moved out of the past and into the going to have a balanced budget by the I have one more thing here that present. Our motto was put into place year 1998. That is great news for the shows just how important the work in 1995. The American people deserve American people. that has been done is, and credit for the credit for this. The American peo- A lot of people cannot figure out ex- this should go to a lot of the different ple sent a new group to Washington. actly how this happened. I brought an- leadership in both Houses for this, but That new group sent to Washington other chart along to help show what most important, to the American peo- with their ideas of curtailing the this curtailing the growth of govern- ple, because after all it is the American growth of government spending have ment spending really means. Before people that had the common sense in laid this down, and now we are in the 1995, the average growth of spending 1994 to change what was happening in third year of this. under the old regime was 5.2 percent this community. It would not have The American people have every annually. I went back 7 years and took changed without the American people. right in the world, they should be the average growth in spending of the 7 b checking us. They should now be ask- years before the 1995 group took over, 1915 ing the question: Is this group that we before the American people put the Re- It cannot change without the support put in charge in 1995 doing anything publicans in charge of the House and of the American people. What this different than what the people did be- Senate. chart shows is where the deficit was fore them, the broken promises of Since then, spending is still going up headed. Gramm-Rudman-Hollings? Is there by 3.2 percent but the growth of gov- If the group that came here in 1995 anything different going on? ernment spending in Washington has played golf and basketball instead of I brought a chart along to help see been slowed by 40 percent in 2 short doing their job, this line shows where just how different it really is out here. years. This is how fast it was going up the deficit was headed when we got In 1995 we promised the American peo- before 1995, this is how fast it is now here in 1995. The yellow line shows how ple a balanced budget by the year 2002. going up after 1995. much progress was made in the first 12 We laid out the deficit stream just like Is spending still going up, or are we months under a new party in control. they did with Gramm-Rudman-Hol- making draconian cuts that virtually My colleagues will notice that the lings. In the first year we promised the every American has been told about? I deficit projections came down, but they deficit would be below this red column, have news, there are no draconian cuts. still were not going to zero at that below $154 billion. The deficit in the Spending in government is still going point. The green line is the 1995 plan first year was actually $107 billion. up by 3.2 percent a year. Government is that we put into place, and the blue Here is what was promised. That is the still getting bigger, and a lot of us do line, this is the good news, the blue red column. Here is what the deficit ac- not like that. A lot of us would prefer line shows us what is actually happen- tually was. Please note, the deficit to see this number at zero. Government ing. that actually occurred was smaller does not need to be bigger. Cut out the Again, here is what would have hap- than what was promised to the Amer- waste and get down to the programs pened; here is how much progress was ican people. We not only hit the target, that people actually need. made in 12 months. Here is our plan. but we were ahead of schedule. But the facts are, government spend- This is what we hope for. This is like The second year, we said it would be ing is still going up by 3.2 percent a the Gramm-Rudman-Hollings promise under $174 billion. It is actually now year. If we look at inflation in adjusted to the American people, and here is well under 67. In the second year of this dollars, it is going up by about .6 per- what is actually going on. plan, again, the promises, the red col- cent per year. If we take a look at what We are not only on track in our plan, umn, and the blue column is what ac- is really happening to government we are ahead of schedule to the point tually happened. Conceptually, the spending, it was going up in real dol- where the budget will probably be bal- idea of controlling the growth of gov- lars by 1.8 percent a year. It is now still anced next year or the year after and ernment spending worked. The idea of going up by about .6 percent. That is we can provide a tax reduction to the the government borrowing less money after inflation. American people. H5482 CONGRESSIONAL RECORD — HOUSE July 17, 1997 I have got to pause for a moment in When Washington says they are I put together a little table. I asked this presentation and say, I have been going to balance the budget, what they the question: What if revenue grows at upbeat, very positive about where we really mean is they are going to zero a more historical level, say 6 percent? are going with this country and very out this blue area. So even after they That is what this chart shows. If we positive about the possibilities for zero out this blue area, that is the defi- can hold the spending in line, as we what can happen. I want to pause for cit, what they call the deficit out here, have been doing, and meet the spending just 1 minute and make sure we have a they are still using the Social Security targets that are in the budget resolu- dose of reality in here. trust fund money to make their check- tion that has just passed, and revenue This is a topic that I think is very book look balanced. grows by 6 percent instead of the 4 per- important for all Americans to under- So in 2002, or whenever we hit a bal- cent, still lower than it has been grow- stand, whether they are in their thir- anced budget and Washington pro- ing but faster than what was projected ties or forties or fifties and thinking claims victory, we need to understand in the budget resolution, what happens about at some point receiving Social that that victory still means they are is we do in fact balance the budget by Security, or whether they are in their using the money out of the Social Se- the year 2000 and start running a sur- fifties and sixties and are nearly ready curity trust fund. That leads us again plus. to start receiving Social Security, or to the National Debt Repayment Act That is the real importance of pass- whether they are 65 or 62 and over and and why it is so important. ing the National Debt Repayment Act. are receiving Social Security. This is a Under the National Debt Repayment These surpluses could start as soon as very important thing to understand. Act, of course, what we would do is, 1999 or 2000. And when those surpluses When Washington says they are after we balanced the budget we would start, there is going to be a frenzy in going to balance the budget, what they cap the growth of government spending Washington, DC, with a strong desire do not tell the American people is they at a rate 1 percent lower than the rate to spend more of the American people’s are still taking money out of the So- of revenue growth so as to create a sur- money. By passing the National Debt cial Security trust fund to do it. Let plus. That surplus is what we use to Repayment Act, we would assure that me explain that. Every year the Social put the money back in the Social Secu- two-thirds of this surplus goes to re- Security trust fund takes money in out rity trust fund that has been taken paying the debt, including paying off of the paychecks of the American peo- out. the Social Security trust fund, and ple. It takes in more money than what So over a period of time, then, when that one-third of this surplus is pro- it gives back to the seniors in checks. we get to a true balanced budget, that vided for additional tax cuts to the That is to say, there is a surplus. They is, we get to a point where we are not American people. are collecting more money. using that Social Security money to That is what the National Debt Re- The reason for that is very simple. mask the true size of the deficit or to payment Act is about. It was intro- The baby boom generation is moving make the budget look like it is bal- duced today, and I would strongly en- toward retirement, and when the baby anced when it is really not. We get past courage my colleagues to be actively boom generation gets there, there will that in our National Debt Repayment involved in supporting it. And equally not be enough money to pay Social Se- Act and we actually get to a point important, I think, the American peo- curity. That happens in 2001. So they where all of this money that has been ple need to get actively involved in are collecting more money than what this, because inside the beltway there taken out of the Social Security Trust they are paying out right now. The is this strong sense that somehow the Fund gets put back in. If that happens, idea is that money gets set aside in a debt is irrelevant. It is almost like we Social Security again becomes solvent savings account, and the savings ac- do not care if we pass it on to the chil- count then provides the money in 2012 through the year 2029. I want to talk again, we talked about dren. We want to give more tax cuts when the baby boom generation starts the past and the present, I want to go because that will be politically popu- retiring and there is not enough money again into the future, because under- lar. there to write out the Social Security I deep down inside believe that the standing the problems in the Social Se- checks. American people understand that the curity Trust Fund and understanding The only problem in Washington, right and proper thing to do, the mor- this should come as no big surprise to how significant this debt is on our chil- ally and ethically right thing to do, is anyone, when Washington saw that dren and what it means to them and to pay the bills that we ran up over the extra money being collected out of the how much interest they would have to last 15 years. The National Debt Re- paychecks, instead of putting it aside pay or how much they do not have to payment Act will allow us to do just in a savings account they spent the pay so they can keep the money in that. Before people in my age group money. They put it in their big govern- their own home. A lot of folks are talk- leave the work force, we would have ment checkbook and spent the money. ing about our budget plan as being pie- the debt repaid in its entirety. So at this point the only thing we in-the-sky; we cannot really balance For the people who want more tax have in that savings account is a bunch the budget. cuts, I would just point out that as we of IOU’s. It is all part of the $5 trillion I put together a little chart that pay off the Federal debt, as we imple- debt. So when Washington says they looked at the average Federal revenue ment this sort of a plan, the interest are going to balance the budget, it is growth over the last 3 years, revenue payments to the Federal Government important to understand that what to the Federal Government; that is, if will be reduced. And when we reduce they actually mean is they are going to we just look at how much money is those interest payments, of course, use that Social Security trust fund coming in to Washington, it has been taxes can be correspondingly held money to actually count toward their growing by 7.3 percent average over the down. checkbook and call that balanced. last 3 years. Over the last 5 years it There are two important things in Again I have a picture here to help went up by 7.3 percent. A 10-year aver- order to bring all of this about. There make that clearer. The surplus in the age is 6.2 percent. A 17-year average is are two very important things. One of Social Security trust fund for 1996 was 6.8 percent. them is that we curtail the growth, we about $107 billion. So they have got In our budget resolution, in the budg- continue curtailing the growth of gov- this extra money coming in, about $100 et plan that balances the budget by ernment spending. We do not have to billion extra coming in. When they say 2002, we only projected revenue growth have draconian cuts. We do not have to balance the budget, what they mean is, of 4 percent. That is to say the plan we wipe out all kinds of programs that are I am sorry, the deficit was $107 billion laid on the table was extremely con- important to people. in 1996. On top of that there was $65 bil- servative. The reason there are projec- What we do have to do is, we have to lion in the surplus Social Security tions out there that the budget will be curtail the growth of government money. So there was $65 billion extra balanced in 1998 or 1999 is because reve- spending. That may mean that a pro- came in to Social Security more than nue is in fact growing even faster than gram gets killed on one side that was what they paid out. The deficit had the 4-percent number. When it grows wasteful or not as productive or not as originally been reported as $107 billion; faster, of course, that gets us closer to important as another program some- the true deficit then $172 billion. a balanced budget. place else. If we were to say limit the July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5483 growth of government to the rate of in- money. That is going into a college house, move to a smaller house, lower flation, some program might grow fast- fund for my kids so I know when they payments and save for themselves for er than inflation, such as Medicare. get there, and I will have three in col- retirement, go ahead and do it. That is Some other program might have to lege at that point, I know when they what the new tax rules are saying. It is grow slower than the rate of inflation. get there we can pay the college bills. a significant change for a lot of Ameri- I would point to one of these. Last What a great statement that is for cans that has not really been talked year we sent $35 million to Russia so America. American families care. This about out here. Russia could launch monkeys into country is not dead and gone. The peo- There is another area of tax cuts that space. I do not think we needed to send ple of this country care, not only about I think is very significant. Lots of peo- that $35 million. We took $35 million of the country, they care about their fam- ple, especially my age group, 20’s, 30’s, the taxpayers’ money. We sent the ily. When the $500-per-child tax cut on up into the 40’s, we started saving in money to Russia for the Russians to comes through, families are not going a pension plan of some sort for our own launch monkeys into space for re- to go out and blow that money. They retirement, many times even outside search. are going to use that money to provide our employer’s plan. We started some Those things should be eliminated. a better life for their children. In this other sort of a savings plan to get The dollars spent on those sorts of pro- case they are going to put it away for ready for our retirement, or if it is our grams should be redirected to programs a college fund. That is great news for place of work and they provide us with that are more important, say Medicare, the future of this country. That is the a pension plan of some sort. for example, and that should allow us way it should be. In that pension plan they have been to keep the growth of government I would like to address another group buying maybe stocks and bonds or spending at the inflation rate or even of people, and this is not often dis- whatever they buy in that pension lower. cussed in the tax cut plan that is cur- fund. By the time they reach retire- The beauty of this whole idea, the rently on the table out here. I talk ment, the value of those stocks is National Debt Repayment Act, is that with a lot of folks where their kids are going to have increased, we hope. That we have one-third of the surplus going grown and gone. I have a 20-year-old, is why they are buying them, so they to additional tax cuts, two-thirds going an 18-year-old; the 18-year-old heads off will increase in value under the old to repay the debt. We get to pay off the to Carthage College next year. The 20- rules. entire debt by the year 2026 and give year-old is going to New Ulm, MN, to b 1930 this Nation to our children debt free. college. I have a 14-year-old at home The Social Security trust fund is re- that I am sure will head off to college When we pull those stocks out of the stored, and we get to provide addi- in three or four years. pension fund, we pay a 28 percent tax tional tax cuts to the American people. At that point my wife and I become on them. It is called a capital gains I cannot think of much better that empty nesters. An empty nester is a tax. Under the new rules, instead of we could spend our time and effort on. family where the kids have grown and paying 28 percent, we will only pay 20 I cannot think of a better vision for the they have left the house and are no percent. That is a very significant re- future of this great country. longer living there. There are a lot of duction. That is an 8 percent reduction. I have got a few minutes left tonight. American people out there in their If we pull money out of our pension I would like to jump over into another middle forties that are empty nesters. funds, and let us say we are taking out topic that I think is very important They are in this big house that they $1,000 of this profit a month, instead of out here. I would like to go into a little built to raise their children. They do paying 28 percent, $280 in taxes out of more detail on the tax cuts that are not need that big house anymore. that thousand dollars we are taking coming for the American people. The dilemma, under the Tax Code out, we are now only going to pay $200; There is a lot of debate in this com- right now, is this: If they sell their and we get to keep an extra 80 bucks in munity right now about whether peo- house today and they are 48 years old, our own home to spend as we see fit in- ple who are not paying any income their kids are gone, they decide they stead of sending it to Washington to taxes should get a tax cut or not. Many want to go into a smaller home, lower spend on our behalf. Another very sig- of us feel that if a person is not paying payments, and start saving for their nificant change in the tax code. taxes, it is probably pretty hard to get own retirement, if that is what they There is lots of good news out there a tax cut. There is a debate about would like to do, under today’s rules in the tax code. A lot of times the whether the Social Security taxes that they sell that bigger house and move American people get bogged down in are withheld out of a paycheck should into a smaller house and the tax bur- all the bickering and fighting going on be applied or not. I guess that debate den comes out and grabs lots of money down here in Washington, but I think will go on. from them. it is important as we are listening to But the bottom line is, when it is all Under the tax cut package that is that that we remember the huge dif- over and done with, people with chil- here today, this is very significant for ference in transition that has taken dren, families with children with in- empty nesters, if they wish to downsize place from before 1995 to today. comes below $110,000 a year, or $75,000, their house, the government is not Before 1995 there was no fighting if they are single, they get $500 per going to come and take a portion of the about tax cuts. For goodness sakes, child back in their home. If they are in inflated price of their old home, their there was no tax cuts even being dis- a house where they have got one child bigger home. cussed. The only thing being discussed headed off to college and two kids in Let me walk through this. Suppose a were which taxes should be increased school yet, they will get $500 for each family has three kids and they are and how far. Today, yes, there are one of those kids. On top of that, for young kids, and when they were 35 some disagreements over which taxes the one that went off to college they years old they bought a house for should be cut and how far, but is it not will get an additional $1,500. $35,000, $40,000. They kept that home, a wonderful situation for the country This is not like they get from Wash- and now they are 48 years old and their to be in, where we are talking about ington. This is their hard-earned kids are all gone and they need a which taxes to reduce on the American money that, instead of sending it out smaller house. The home that they people and how far they should be re- here to Washington to let Washington bought for $35,000 is now worth $85,000, duced? decide how to spend it, they get to so there has been a $50,000 inflation in Let us have that debate. And the keep this money in their own home and there. good news is that under the National spend it in the way that they think is Under the old rules, if they sold the Debt Repayment Act there is more tax most desirable for their own family. house before age 55, they pay taxes on reductions coming for the American I was talking to a family with three that $50,000. They pay a capital gains people. children in church the other day. They tax on it. Under the new rules, if they I would encourage every American to said to me, the first thing I am going sell their house even before the age of get actively involved in this debate. If to do with this money, $500-per-child, I 55, they do not have to pay the taxes on for some reason somebody can find a am not going to go and spend that it. So if they want to sell their big way that they are not affected by the H5484 CONGRESSIONAL RECORD — HOUSE July 17, 1997 tax cuts that are currently on the Everybody’s taxes went up. If one government spending. Not draconian table, I think it is important that their owned an automobile, they paid more cuts. Spending still went up, but at a representatives know about that so taxes. The past. Broken promises, high- much slower rate. We curtailed the that in the next round of tax cuts, as er taxes. growth of spending to a point where we the National Debt Repayment Act is The present. The American people re- cannot only balance the budget, but put into place, and one-third of the sur- volted in 1994 and they put the Repub- also reduce taxes on the people at the plus is allocated to additional tax cuts, licans in control of both the House and same time. Congressional Representatives should the Senate. To see how different things That is where we are at now today. know exactly what it is that their con- are, those broken promises of the past, We are actually at a balanced budget. stituents would like to do with those that is not the group that is here now. In 1998 we will stop spending more tax cuts to make sure it affects them The American people should evaluate money than we have in our checkbook. too. this change. They should look out here As soon as 1998. And at the same time Let us make sure everybody in Amer- now and say did the Republicans fulfill we are providing tax relief to the ica that is working and paying taxes their commitments or are they like all American people. That is what has hap- gets a reduction of some sort, because the rest and broke their promises, too. pened and that is a very different pic- that is what this is all about. Washing- Well, here are the promises the Re- ture than 1993. ton does not need to take as much publicans made. In 1995 we laid out a The past, the present, the future. money from the American people as it plan to balance the Federal budget. We The future of this party. The future is taking. I believe very deeply that the said in the first year of that plan the of this great Nation. Much more impor- American people, our families out deficit could not be more than this red tant than the party itself. The future there, our singles out there, that the column. Well, it was the blue column. of our country needs to recognize that American people can do a much better We not only hit our target but we were even after we get to a balanced budget, job of spending their own money than ahead of schedule. we still have a huge debt hanging over the people out here in Washington can. Year 2. We promised not more than our heads. Five trillion dollars. We So as we go through tax cut round the red column. Blue column is what need to live up to and accept the re- after tax cut round after tax cut round, actually happened. Year 2, on track, sponsibilities of our generation, a gen- think back to 1993 and just think, as we ahead of schedule. Very different. We eration who has spent this money. are going through some of these de- not only hit our targets, we were ahead Our generation has overdrawn its bates, what a wonderful thing it is that of schedule in the first 2 years. checkbook each year since 1969. The fu- We are now in year 3. In year 3, even we are actually having these debates ture, folks. We must do what is right if we go into a rescission, which is out here in Washington as opposed to for the future of this country and live what is currently projected, this is the alternative which was here in 1993. up to our moral and ethical respon- What I want to do now is just wrap what was promised back in 1995, and sibilities to do something about the up this discussion. I would like to go this is where we actually are. A very $5.3 trillion debt. We do not want to back to the past, the present and the different group of people with very dif- pass that on to our children. I think it future, just quickly through it. ferent results. is totally inappropriate for our genera- I will start with the past and again How did we make this happen? What tion to look the other way and pass just remind folks exactly how far we brought this picture about? What that debt on to our children. have come. I always use this chart of brought this picture about is not rais- the Gramm-Rudman-Hollings promises ing taxes, not reaching into the pock- Our job is to do something about it, because of the past. ets of the American people and giving and that is the National Debt Repay- Before 1995. A different party in con- more money to Washington. What ment Act. We introduced it today in trol of the House of Representatives. brought this chart about is curtailing Congress. The National Debt Repay- The Democrats in control of the Senate the growth of Government spending. ment Act goes like this. It says after and the presidency. What was the Looking at our Government, asking we reach a balanced budget, that is, world like before 1995, before the Amer- ourselves which programs do we not the same number of dollars coming in ican people made a change? It is not need. What can we do to do a better as what the government is writing out Washington that made the change. In job? How can we curtail the growth of checks for, after our budget is in bal- 1994 the American people decided to Government spending. ance, we cap the growth of spending at make a change. Before they made that Government spending is still grow- a rate 1 percent lower than the rate of revenue growth. change, what was going on and what ing. It is still going up by 31⁄2 percent, brought the American people to make a little faster than the rate of infla- If revenues go up faster than spend- that change? tion, but not as fast as it was before. ing, that creates a very small surplus Well, in the 1980’s, they promised And since it is not going up as fast as to begin with. The surplus grows each under the Gramm-Rudman-Hollings it was before, Government spending year. One-third of that surplus goes to Act to get us to a balanced budget, fol- goes up slower; since we are not spend- providing additional tax cuts to work- lowing this blue line for deficits. But ing as much money, that means the ing families; two-thirds to repay the they did not meet their targets. They Government did not borrow as much Federal debt. broke their promises to the American out of the private sector. When they The future? The future is paying off people. And it was more than money, it did not borrow as much, our theory was the entire Federal debt under this plan was the fact that the people in Wash- that with more money available in the by the year 2026, giving our Nation to ington had made promises to the Amer- private sector, because the Govern- our children debt-free. And, of course, ican people. When they could not keep ment borrowed less, more money would as we are paying off the debt, we re- their promises, they said, we know be available in the private sector and store the Social Security trust fund. what to do, let us make a whole new interest rates would stay down, law of The future? The future is the Na- set of promises, and they passed supply and demand. tional Debt Repayment Act providing Gramm-Rudman-Hollings II and made With interest rates down, people additional tax cuts to working fami- a whole new set of promises to the could afford to buy houses and cars, lies. A secure future and debt-free Na- American people and again broke those which they did. And when people tion for our children and restore the promises to the American people. bought houses and cars, other people Social Security trust fund so our sen- The past, folks. Broken promises, had to build them, which meant they iors, once again, are secure in this pre-1995. Someone else in control of left the welfare rolls and got a job. great Nation that we live in. Congress. The past. These broken That is exactly what has led to this That is a very different vision than promises of a balanced budget. The picture up here of being not only on the past that we have had here. This is past, 1993. Which taxes should we raise track but ahead of schedule. So what such good news for America. It is such to get us to a balanced budget and how happened? That group that got sent good news it should be put out on every far should we raise those taxes? The here in 1995, they fulfilled their com- station to let all the people know just gasoline tax, Social Security tax. mitment and curtailed the growth of how changed this place is. July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5485 The past. Broken promises, higher (The following Members (at the re- REPORTS OF COMMITTEES ON taxes. The present. Third year of a 7- quest of Mr. MCNULTY) to revise and PUBLIC BILLS AND RESOLUTIONS year plan to balance the budget. On extend their remarks and include ex- Under clause 2 of rule XIII, reports of track and ahead of schedule. Very traneous matter:) committees were delivered to the Clerk changed place. Curtailing the growth of Ms. CHRISTIAN-GREEN. for printing and reference to the proper government spending to the point Mr. STOKES. calendar, as follows: where we can both balance the budget Mr. LANTOS. Mrs. MYRICK: Committee on Rules. House and, at the same time, reduce taxes on Mr. SERRANO. Resolution 189. Resolution providing for con- our families out there. And, after all, Mr. GEJDENSON. sideration of the bill (H.R. 2169) making ap- that is what this is all about, the fu- (The following Members (at the re- propriations for the Department of Transpor- ture. quest of Mr. DUNCAN) to revise and ex- tation and related agencies for the fiscal The future is about our children and tend their remarks and include extra- year ending September 30, 1998, and for other future generations of Americans. The neous matter:) purposes (Rept. 105–189). Referred to the House Calendar. future. The National Debt Repayment Mr. GILMAN. Act, where we repay the entire Federal Mr. FORBES. SUPPLEMENTAL REPORT FILED debt by the year 2026 and give this Na- Mr. BRYANT. Mr. LIVINGSTON: Committee on Appro- priations. Supplemental Report on the re- tion to our children debt-free. The Na- Mr. GALLEGLY. vised subdivision of budget totals for fiscal tional Debt Repayment Act, where we Mr. COLLINS. year 1998 (Rept. 105–185 Part II). Referred to are paying off the debt and restoring (The following Members (at the re- the Committee on the Whole House on the the Social Security trust fund. The Na- quest of Mr. NEUMANN) to revise and State of the Union, and ordered to be print- tional Debt Repayment Act, where we extend their remarks and include ex- ed. allow additional tax cuts for working traneous matter:) f families. Additional tax cuts for work- Mr. COBLE. PUBLIC BILLS AND RESOLUTIONS ing families, a restored Social Security Mr. PACKARD. trust fund for our seniors and a debt- Ms. VELAZQUEZ. Under clause 5 of Rule X and clause 4 free Nation for our children. Mr. ENGEL. of Rule XXII, public bills and resolu- That is a vision for the future of this Mr. MCCOLLUM. tions were introduced and severally re- great Nation that we live in. That is Mrs. CUBIN. ferred, as follows: what I sincerely hope happens out of Mr. POMEROY. By Mr. COBLE: what has started here today as we have Mr. MURTHA. H.R. 2180. A bill to amend title 17, United introduced the National Debt Repay- Mr. MENENDEZ. States Code, to provide limitations on copy- right liability relating to material on-line, ment Act, and that is my vision for the Mr. FOGLIETTA. future of America. and for other purposes; to the Committee on Mr. KENNEDY of Massachusetts. the Judiciary. f Mr. SOLOMON. By Mr. MCCOLLUM (for himself, Mr. LEAVE OF ABSENCE Mrs. MALONEY of New York. SCHUMER, Mr. BUYER, Mr. CHABOT, Mr. KUCINICH. Mr. COBLE, Mr. BARR of Georgia, Mr. By unanimous consent, leave of ab- Mr. BOB SCHAFFER of Colorado. HUTCHINSON, Mr. GEKAS, Ms. JACK- sence was granted to: Mr. GEJDENSON. SON-LEE, Mr. MEEHAN, and Mr. Mr. FORBES (at the request of Mr. WEXLER): ARMEY), for today, on account of ill- f H.R. 2181. A bill to ensure the safety of wit- nesses and to promote notification of the ness in the family. SENATE ENROLLED BILL SIGNED Mr. YOUNG of Alaska (at the request interstate relocation of witnesses by States and localities engaging in that relocation, of Mr. ARMEY), until August 1, 1997, on The SPEAKER announced his signa- and for other purposes; to the Committee on account of medical reasons. ture to an enrolled bill of the Senate of the following title: the Judiciary. f By Mr. WEXLER (for himself, Mr. CON- S. 768. For the relief of Michel Christopher SPECIAL ORDERS GRANTED YERS, Mr. COBLE, Mr. FRANK of Mas- Meili, Giuseppina Meili, Mirjam Naomi sachusetts, Ms. JACKSON-LEE, and By unanimous consent, permission to Meili, and Davide Meili. Ms. LOFGREN): address the House, following the legis- f H.R. 2182. A bill to amend the Inspector lative program and any special orders General Act of 1978 to clarify the authority heretofore entered, was granted to: ADJOURNMENT of the inspector general of the Department of (The following Members (at the re- Justice; to the Committee on Government Mr. NEUMANN. Mr. Speaker, I move Reform and Oversight. quest of Mr. MCNULTY) to revise and that the House do now adjourn. By Mr. HUTCHINSON (for himself, Mr. extend their remarks and include ex- The motion was agreed to; accord- BOYD, Mr. COOK, Mr. DAVIS of Flor- traneous material:) ingly (at 7 o’clock and 40 minutes ida, Mr. GIBBONS, Mr. HILL, Mr. Mr. ETHERIDGE, for 5 minutes, today. p.m.), under its previous order, the HULSHOF, Mr. KIND of Wisconsin, Mr. Mrs. MALONEY of New York, for 5 House adjourned until Monday, July 21, LAMPSON, Mr. PASCRELL, Mrs. minutes, today. 1997, at 12 noon. TAUSCHER, Mr. BERRY, Mr. Ms. JACKSON-LEE of Texas, for 5 min- BLAGOJEVICH, Mr. BLUMENAUER, Mr. utes, today. f BOSWELL, Mr. BRADY, Ms. DEGETTE, (The following Members (at the re- Mr. DELAHUNT, Mr. FORD, Mr. EXECUTIVE COMMUNICATIONS, HINOJOSA, Ms. HOOLEY of Oregon, Mr. quest of Mr. DUNCAN) to revise and ex- ETC. tend their remarks and include extra- JOHN, Mr. JOHNSON of Wisconsin, Mrs. MCCARTHY of New York, Mr. neous material:) Under clause 2 of rule XXIV, execu- MALONEY of Connecticut, Mr. Mr. KINGSTON, for 5 minutes, today. tive communications were taken from the Speaker’s table and referred as fol- REDMOND, Mr. SNYDER, Mr. TURNER, Mr. WELDON of Florida, for 5 minutes, Mr. WAMP, Mr. WEXLER, and Mr. today. lows: WEYGAND): Mr. DUNCAN, for 5 minutes, today. 4228. A communication from the President H.R. 2183. A bill to amend the Federal Elec- (The following Member (at his own of the United States, transmitting a report tion Campaign Act of 1971 to reform the fi- request) to revise and extend his re- to Congress that suspension for 6 months be- nancing of campaigns for elections for Fed- marks and include extraneous mate- yond August 1, 1997, of the right to bring an eral office, and for other purposes; to the rial:) action under title III of the Cuban Liberty Committee on House Oversight. and Democratic Solidarity (LIBERTAD) Act By Mr. BRYANT: Mr. DICKS, for 5 minutes, today. of 1996 is necessary to the national interests H.R. 2184. A bill to permit reviews of crimi- f of the United States and will expedite a tran- nal records of applicants for private security EXTENSION OF REMARKS sition to democracy in Cuba, pursuant to officer employment, and for other purposes; Public Law 104—114, section 306(c)(2); (H. to the Committee on Education and the By unanimous consent, permission to Doc. No. 105—107); jointly to the Committees Workforce, and in addition to the Committee revise and extend remarks was granted on International Relations and the Judici- on the Judiciary, for a period to be subse- to: ary, and ordered to be printed. quently determined by the Speaker, in each H5486 CONGRESSIONAL RECORD — HOUSE July 17, 1997

case for consideration of such provisions as STON, Mr. KASICH, Mr. PAXON, Mr. ROHRABACHER, Mr. GIBBONS, and Mr. fall within the jurisdiction of the committee BALLENGER, Mr. BARTLETT of Mary- SAM JOHNSON): concerned. land, Mr. BARTON of Texas, Mr. BASS, H.R. 2195. A bill to provide for certain By Mrs. CLAYTON (for herself, Mr. Mr. BLUNT, Mr. BONO, Mr. BRYANT, measures to increase monitoring of products HILLIARD, Mr. BISHOP, Mr. THOMPSON, Mr. BURR of North Carolina, Mr. BUR- of the People’s Republic of China that are Mr. HASTINGS of Florida, Ms. JACK- TON of Indiana, Mr. CAMPBELL, Mr. made with forced labor; to the Committee on SON-LEE, Ms. KILPATRICK, Mr. LEWIS CHABOT, Mrs. CHENOWETH, Mr. Ways and Means, and in addition to the Com- of Georgia, Ms. NORTON, Mr. SCOTT, CHRISTENSEN, Mr. COBURN, Mr. mittee on International Relations, for a pe- Mr. WYNN, Mr. BONIOR, Mr. DIXON, CONDIT, Mr. COOKSEY, Mr. CRAPO, riod to be subsequently determined by the Mr. ABERCROMBIE, Mr. CLAY, Mrs. Mrs. CUBIN, Mr. DICKEY, Mr. DOO- Speaker, in each case for consideration of MEEK of Florida, Ms. BROWN of Flor- LITTLE, Mr. DREIER, Mr. EHRLICH, Mr. such provisions as fall within the jurisdic- ida, Mr. SERRANO, Ms. EDDIE BERNICE ENGLISH of Pennsylvania, Mr. EN- tion of the committee concerned. JOHNSON of Texas, Mr. BROWN of SIGN, Mr. EWING, Mr. FOLEY, Mr. By Mr. SOLOMON (for himself, Mr. COX ILMAN Ohio, Ms. MCKINNEY, Mr. CONYERS, FORBES, Mr. FOX of Pennsylvania, of California, Mr. G , Mr. SPENCE, Mr. ROHRABACHER, Mr. Mr. WATT of North Carolina, Ms. WA- Mr. FRANKS of New Jersey, Mr. MCINTOSH, Mr. GIBBONS, and Mr. TERS, and Mrs. MINK of Hawaii): GOODE, Mr. GRAHAM, Ms. GRANGER, SHADEGG): H.R. 2185. A bill to establish equitable serv- Mr. GUTKNECHT, Mr. HASTINGS of H.R. 2196. A bill to reduce the Federal ice for customers and equal opportunity for Washington, Mr. HAYWORTH, Mr. funds to be provided to any international fi- employees of the United States Department HERGER, Mr. HILL, Mr. HOBSON, Mr. of Agriculture; to the Committee on Agri- nancial institution by the United States por- HOEKSTRA, Mr. HORN, Mr. tion of any subsidy provided by the institu- culture, and in addition to the Committees HOSTETTLER, Mr. HUNTER, Mr. on Government Reform and Oversight, and tion to the People’s Republic of China; to the ISTOOK, Mr. SAM JOHNSON, Mr. JONES, Committee on Banking and Financial Serv- Ways and Means, for a period to be subse- Mr. KINGSTON, Mr. KLUG, Mr. quently determined by the Speaker, in each ices. LARGENT, Mr. LATOURETTE, Mr. By Mr. STEARNS (for himself, Mr. case for consideration of such provisions as LEWIS of Kentucky, Mr. MCINTOSH, fall within the jurisdiction of the committee GUTIERREZ, Mr. STUMP, and Mr. Mr. MCKEON, Mr. MANZULLO, Mr. concerned. EVANS): METCALF, Mr. MINGE, Mrs. MYRICK, By Mrs. CUBIN: H.R. 2197. A bill to amend title 38, United Mr. NETHERCUTT, Mr. NEY, Mr. H.R. 2186. A bill to authorize the Secretary States Code, to specify the entities eligible NUSSLE, Mr. PARKER, Mr. PETERSON of the Interior to provide assistance to the to purchase pharmaceutical products from of Pennsylvania, Mr. PICKERING, Mr. National Historic Trails Interpretive Center the Federal Supply Schedule; to the Com- in Casper, WY; to the Committee on Re- PITTS, Mr. RADANOVICH, Mr. mittee on Veterans’ Affairs. sources. RAMSTAD, Mr. ROHRABACHER, Mr. By Mr. STEARNS (for himself, Mr. By Mr. ENGEL (for himself, Mr. ROYCE, Mr. RYUN, Mr. SALMON, Mr. ARMEY, Mr. BISHOP, Mr. BROWN of SCARBOROUGH, Mr. BOB SCHAFFER, NADLER, Mr. RANGEL, Ms. VELAZQUEZ, Ohio, Mr. CANADY of Florida, Mr. Mr. SHAYS, Mrs. LINDA SMITH of and Mrs. MALONEY of New York): DAVIS of Virginia, Mr. DEFAZIO, Mr. H.R. 2187. A bill to designate the U.S. Washington, Mr. SMITH of Michigan, DUNCAN, Mr. FALEOMAVAEGA, Mr. Courthouse located at 40 Foley Square in Mr. SNOWBARGER, Mr. SOUDER, Mr. FARR of California, Mr. FOLEY, Mrs. New York, NY, as the ‘‘Thurgood Marshall TALENT, Mr. TAUZIN, Mr. TAYLOR of FOWLER, Mr. GEKAS, Mr. GILLMOR, United States Courthouse’’; to the Commit- Mississippi, Mr. THORNBERRY, Mr. Mr. GILMAN, Mr. GONZALEZ, Mr. tee on Transportation and Infrastructure. THUNE, Mr. TIAHRT, Mr. TRAFICANT, GREEN, Mr. HERGER, Mrs. JOHNSON of By Mrs. FOWLER (for herself, Mr. COX Mr. WAMP, Mr. WATTS of Oklahoma, Connecticut, Mr. KENNEDY of Massa- of California, Mr. GIBBONS, Mr. GIL- Mr. WELDON of Florida, Mr. WELLER, chusetts, Ms. LOFGREN, Mr. MCCOL- MAN, Mr. SAM JOHNSON, Mr. Mr. WHITFIELD, and Mr. WICKER): LUM, Mr. MCHUGH, Ms. MCKINNEY, MCINTOSH, Mr. ROHRABACHER, Mr. H.R. 2191. A bill to amend the Congres- Mr. NADLER, Mr. OBERSTAR, Mr. SHADEGG, Mr. SMITH of New Jersey, sional Budget Act of 1974 regarding proce- OXLEY, Mr. SENSENBRENNER, Mr. Mr. SPENCE, Mr. SOLOMON, and Mr. dures for budget resolutions and to amend SHADEGG, Mr. SMITH of New Jersey, title 31, United States Code, to direct repay- ROYCE): Mr. STUMP, Mr. TAYLOR of North H.R. 2188. A bill to ensure that commercial ment of the public debt; to the Committee on Carolina, Mr. TRAFICANT, Mr. UPTON, activities of the People’s Liberation Army of the Budget, and in addition to the Commit- Mr. WAXMAN, Mr. WELDON of Florida, China or any Communist Chinese military tees on Rules, and Ways and Means, for a pe- and Ms. WOOLSEY): company are not extended normal tariff riod to be subsequently determined by the H.R. 2198. A bill to establish limitations treatment by the United States or treated as Speaker, in each case for consideration of with respect to the disclosure and use of ge- normal commercial intercourse with the such provisions as fall within the jurisdic- netic information in connection with group United States; to the Committee on Ways tion of the committee concerned. health plans and health insurance coverage, and Means, and in addition to the Commit- By Mrs. NORTHUP: to provide for consistent standards applica- tees on International Relations, National Se- H.R. 2192. A bill to establish a National ble in connection with hospital care and curity, and Banking and Financial Services, Panel on Early Reading Research and Effec- medical services provided under title 38 of for a period to be subsequently determined tive Reading Instruction; to the Committee the United States Code, to prohibit employ- by the Speaker, in each case for consider- on Education and the Workforce. ment discrimination on the basis of genetic ation of such provisions as fall within the ju- By Mr. SANDLIN: information and genetic testing, and for risdiction of the committee concerned. H.R. 2193. A bill to amend title 10, United other purposes; to the Committee on Com- By Mr. HYDE (for himself and Ms. States Code, to clarify the definition of merce, and in addition to the Committees on WOOLSEY): depot-level maintenance and repair as the Government Reform and Oversight, Edu- H.R. 2189. A bill to amend the Internal Rev- definition applies to the Department of the cation and the Workforce, and Veterans’ Af- enue Code of 1986 and the Social Security Army; to the Committee on National Secu- fairs, for a period to be subsequently deter- Act to repeal provisions relating to the State rity. mined by the Speaker, in each case for con- enforcement of child support obligations and By Mr. SHERMAN (for himself, Mr. LI- sideration of such provisions as fall within to require the Internal Revenue Service to PINSKI, Mr. FROST, Mr. HASTINGS of the jurisdiction of the committee concerned. collect child support through wage withhold- Florida, Mr. WALSH, Ms. LOFGREN, By Mr. TIERNEY (for himself, Ms. ing and other means, and to authorize the Mrs. KELLY, Mr. ABERCROMBIE, Mr. KAPTUR, Mr. MILLER of California, Social Security Administration to distribute LAFALCE, Ms. MILLENDER-MCDONALD, Mr. NADLER, Mr. DEFAZIO, Mr. LEWIS child support collections; to the Committee Mr. MCKEON, Mr. KLINK, Mr. DAVIS of of Georgia, Mr. GEJDENSON, Ms. on Ways and Means. Illinois, Mr. BURR of North Carolina, MCKINNEY, Mr. WEYGAND, Mr. KIND of By Mr. MCCOLLUM (for himself, Mr. Mr. BILBRAY, Mr. FRANKS of New Jer- Wisconsin, Mr. MEEHAN, Mr. COX of California, Mr. SOLOMON, Mr. sey, Mr. TORRES, Mr. BROWN of Cali- DELAHUNT, Mr. FORD, Mr. HINCHEY, SPENCE, Mr. GILMAN, Mr. SAM JOHN- fornia, Ms. HARMAN, Mr. FAZIO of Mr. SANDERS, Mr. KUCINICH, Mr. SON, Mr. ROHRABACHER, Mr. ROYCE, California, Ms. ROS-LEHTINEN, Ms. MCDERMOTT, Mr. MARKEY, Mr. Mr. SMITH of New Jersey, Mr. CARSON, Mr. DIAZ-BALART, Mr. BE- OLVER, Mr. BLUMENAUER, Mr. MCINTOSH, Mr. SHADEGG, Mr. GIB- REUTER, Mr. ENGLISH of Pennsylva- BARRETT of Wisconsin, Mr. BONS, and Mr. HUTCHINSON): nia, Mr. GALLEGLY, and Mr. SANDLIN): BLAGOJEVICH, Mr. JACKSON, Ms. H.R. 2190. A bill to provide for an annual H.R. 2194. A bill to provide for telephone ESHOO, Ms. PELOSI, Mr. MORAN of Vir- report to Congress on the intelligence activi- access to the FBI database that tracks the ginia, and Ms. DELAURO): ties of the People’s Republic of China di- movement and whereabouts of sexual offend- H.R. 2199. A bill to reform the financing of rected against or affecting the interests of ers; to the Committee on the Judiciary. Federal elections; to the Committee on the United States; to the Committee on In- By Mr. SMITH of New Jersey (for him- House Oversight, and in addition to the Com- telligence (Permanent Select). self, Mr. COX of California, Mr. GIL- mittees on Commerce, and Government Re- By Mr. NEUMANN (for himself, Mr. MAN, Mr. SPENCE, Mr. SOLOMON, Mr. form and Oversight, for a period to be subse- GINGRICH, Mr. SOLOMON, Mr. LIVING- SHADEGG, Mr. MCINTOSH, Mr. quently determined by the Speaker, in each July 17, 1997 CONGRESSIONAL RECORD — HOUSE H5487

case for consideration of such provisions as By Mr. COX of California (for himself, sylvania, Mr. SHIMKUS, Mr. NEY, Mr. HORN, fall within the jurisdiction of the committee Mr. SAM JOHNSON, Mr. GILMAN, Mr. Mr. MCHUGH, Mr. BOEHLERT, Mrs. ROUKEMA, concerned. SPENCE, Mr. SOLOMON, Mr. SMITH of Mr. JACKSON, and Mr. HILLIARD. By Mr. UNDERWOOD (for himself, Mr. New Jersey, Mr. ROYCE, Mr. H.R. 1614: Ms. CARSON. MILLER of California, Mr. LIPINSKI, SHADEGG, Mr. GIBBONS, Mr. H.R. 1671: Ms. SANCHEZ. Mr. ABERCROMBIE, Ms. CHRISTIAN- MCINTOSH, and Mr. ROHRABACHER): H.R. 1710: Mrs. JOHNSON of Connecticut, GREEN, Mr. FALEOMAVAEGA, Mr. H. Res. 190. Resolution expressing the sense Mr. PORTER, Mr. DOOLEY of California, Mr. FILNER, Mr. FRANK of Massachusetts, of the House of Representatives that Taiwan COMBEST, Mr. MCINTOSH, Mrs. MYRICK, Mr. Mr. HOLDEN, Mr. KENNEDY of Rhode should be admitted to the World Trade Orga- DUNCAN, Mr. GIBBONS, Mr. SHAYS, Mr. KLECZ- Island, Mr. ORTIZ, Mr. PASTOR, Mr. nization without making such admission KA, Mr. FORBES, Mr. SAM JOHNSON, Mr. LU- ROHRABACHER, and Mr. ROMERO- conditional on the previous or simultaneous THER, Mr. HERGER, Mr. KOLBE, Mr. SMITH of BARCELO): admission of the People’s Republic of China Texas, Mr. CALVERT, Mr. SENSENBRENNER, H.R. 2200. A bill to amend the Organic Act to the WTO; to the Committee on Ways and Mr. WELDON of Florida, Mr. CLYBURN, Mr. of Guam to provide restitution to the people Means. EHLERS, Mr. TALENT, Mrs. TAUSCHER, Mrs. of Guam who suffered atrocities such as per- f ROUKEMA, and Mr. SPENCE. sonal injury, forced labor, forced marches, H.R. 1711: Mr. TIAHRT, Mr. LUCAS of Okla- internment, and death during the occupation ADDITIONAL SPONSORS homa, and Mr. DOOLITTLE. of Guam in World War II, and for other pur- H.R. 1719: Mr. BARTON of Texas, Ms. Under clause 4 of rule XXII, sponsors poses; to the Committee on Resources. DANNER, Mr. BARRETT of Nebraska, and Mr. By Ms. VELAZQUEZ (for herself, Mr. were added to public bills and resolu- BALLENGER. GILMAN, Mr. LAZIO of New York, Mr. tions as follows: H.R. 1737: Mrs. CLAYTON and Mr. SAXTON. TOWNS, Mrs. MALONEY of New York, H.R. 12: Mr. MILLER of California, Mr. H.R. 1754: Mr. SOLOMON. Ms. MOLINARI, Mr. SERRANO, Mr. SHERMAN, Mr. SKAGGS, Ms. SLAUGHTER, Mr. H.R. 1836: Mr. COX of California and Mr. MANTON, Mr. KING of New York, Mr. WEXLER, and Mr. YATES. BARRETT of Wisconsin. SCHUMER, Mr. HINCHEY, Mr. NADLER, H.R. 38: Mr. FOX of Pennsylvania. H.R. 1839: Mr. BURR of North Carolina and Mrs. LOWEY, Mr. FLAKE, Mr. ACKER- H.R. 44: Mr. FOX of Pennsylvania and Mr. Mr. RAHALL. MAN, Mr. MCNULTY, Mr. ENGEL, Mr. WATTS of Oklahoma. H.R. 1842: Mr. HOSTETTLER. RANGEL, Ms. SLAUGHTER, Mrs. H.R. 58: Mr. TIAHRT and Mr. SMITH of Or- H.R. 1849: Mr. LARGENT, Mr. SNYDER, Mr. MCCARTHY of New York, Mr. LA- egon. BEREUTER, and Mr. REYES. H.R. 1859: Mr. CHRISTENSEN. FALCE, Mrs. KELLY, Mr. OWENS, and H.R. 66: Mr. CLAY. H.R. 1872: Mr. KLUG, Mr. DEUTSCH, and Mr. Mr. BOEHLERT): H.R. 127: Mr. PASTOR and Mr. PETERSON of H.R. 2201. A bill to establish the Lower Minnesota. UPTON. East Side Tenement National Historic Site, H.R. 1876: Mr. ENGLISH of Pennsylvania. H.R. 145: Mr. CAMPBELL and Mr. DICKS. and for other purposes; to the Committee on H.R. 1880: Mr. CONDIT. H.R. 234: Mr. FOX of Pennsylvania. Resources. H.R. 1915: Mr. BARRETT of Wisconsin, Mr. H.R. 305: Mr. KENNEDY of Rhode Island. By Mr. YOUNG of Florida (for himself, MCGOVERN, and Mr. DEFAZIO. H.R. 387: Mr. OWENS, Mr. SOLOMON, Mr. Mr. BLILEY, Mr. SAXTON, Mr. STOKES, H.R. 1951: Mr. FARR of California, Mr. GON- EHRLICH, and Mr. STARK. Mr. HOYER, Mr. HALL of Ohio, Mr. ZALEZ, Mr. YATES, and Mr. WAXMAN. H.R. 407: Mr. ROEMER. MCDADE, Mr. SHAW, Mr. WATTS of H.R. 1955: Ms. GRANGER and Mr. PICKERING. H.R. 600: Mr. LAMPSON. Oklahoma, Mr. WAXMAN, Mr. HEFLEY, H.R. 1972: Mr. DAVIS of Illinois. H.R. 641: Mr. CAMP. Mr. MOAKLEY, Mr. DELLUMS, Mr. H.R. 1984: Mr. BALLENGER, Mr. HAYWORTH, H.R. 695: Mr. BARRETT of Nebraska, Mr. HILLEARY, Mr. BORSKI, Ms. GRANGER, Mr. PETERSON of Pennsylvania, Mr. GEPHARDT, Mr. KIM, Mrs. JOHNSON of Con- Mr. HORN, Mr. COBURN, Mr. HASTINGS THORNBERRY, Mr. PETERSON of Minnesota, necticut, Mr. LUCAS of Oklahoma, and Mr. of Florida, Mr. THOMPSON, Mr. PICK- Mr. HILLIARD, Mr. RUSH, Mr. SANDLIN, Mr. BROWN of California. ETT, Mr. MASCARA, Mr. PETERSON of REGULA, Mr. COOKSEY, Mr. SMITH of Oregon, H.R. 715: Mr. GEKAS, Mr. BONIOR, Mrs. Minnesota, Mr. THORNBERRY, Mr. Mr. BARCIA of Michigan, Mrs. MYRICK, Mr. MCCARTHY, Mr. ROMERO-BARCELO, and Mr. GORDON, Mr. BLUNT, Mr. MCNULTY, BARTLETT of Maryland, Mr. PICKETT, Mr. WEXLER. Mr. PASTOR, Mr. MORAN of Virginia, ADERHOLT, and Mr. HEFLEY. H.R. 727: Mr. SOLOMON and Mr. COOK. Ms. ROS-LEHTINEN, Mrs. MINK of Ha- H.R. 2003: Mr. EDWARDS, Mr. GOODE, Mr. H.R. 755: Mr. GOODLING. waii, Ms. EDDIE BERNICE JOHNSON of BERRY, Mr. HOUGHTON, Mr. HAMILTON, Mr. H.R. 805: Mr. GALLEGLY. Texas, Ms. DUNN of Washington, Mr. CRAMER, Mr. DEUTSCH, Mr. MCHALE, Mr. H.R. 866: Mr. COLLINS. FALEOMAVAEGA, Mr. CONDIT, Mr. DUN- KIND of Wisconsin, Mr. BARRETT of Wiscon- H.R. 875: Mr. DAVIS of Illinois and Mr. CAN, Mr. GREENWOOD, Mr. GUTIERREZ, sin, Ms. ESHOO, Mr. HEFNER, Mr. BOSWELL, WICKER. Mr. SHIMKUS, Mr. CLAY, Mr. BOB Mr. BISHOP, Mr. SISISKY, Mr. JOHNSON of Wis- H.R. 977: Mr. MCHUGH. SCHAFFER, Mr. BOEHLERT, Mr. consin, Mr. KLUG, Mr. BARCIA of Michigan, H.R. 981: Mr. FAZIO of California and Ms. DEFAZIO, Mr. QUINN, Ms. NORTON, Mr. Mrs. KENNELLY of Connecticut, Ms. MCKIN- DELAURO. CALVERT, Mr. WISE, Ms. PELOSI, Mr. NEY, Mr. STUPAK, Mr. MCINTYRE, Mr. ENG- H.R. 982: Mr. VENTO. FRELINGHUYSEN, Mr. FROST, Mrs. LISH of Pennsylvania, and Mr. DAN SCHAEFER H.R. 983: Mr. RANGEL. LOWEY, Mr. BARTON of Texas, Ms. of Colorado. H.R. 1002: Mr. KING of New York and Mr. DELAURO, Mr. LATHAM, Mr. FOLEY, H.R. 2064: Mr. BLUNT, Mr. ORTIZ, Mr. CLEM- CUMMINGS. Mr. SPENCE, Mr. CANADY of Florida, ENT, and Mr. SCHUMER. H.R. 1010: Mr. HEFLEY, Ms. GRANGER, Mr. Mr. HINCHEY, Ms. KILPATRICK, Mr. H.R. 2135: Mr. FRANK of Massachusetts, Mr. SENSENBRENNER, and Mr. WICKER. BOYD, Ms. SLAUGHTER, Mr. BONILLA, DEFAZIO, Ms. DELAURO, Mrs. LOWEY, and Mr. H.R. 1015: Ms. PELOSI, Mr. BERMAN, and Mr. Mr. ABERCROMBIE, Mrs. THURMAN, TIERNEY. PASCRELL. and Mr. PORTER): H.R. 2143: Mr. HINCHEY. H.R. 2202. A bill to amend the Public H.R. 1059: Mr. COOK. H.R. 2174: Ms. ESHOO, Mr. BOEHLERT, Mr. Health Service Act to revise and extend the H.R. 1108: Mr. MCCRERY. BENTSEN, Mrs. TAUSCHER, Mr. HASTINGS of bone marrow donor program, and for other H.R. 1114: Mr. CLYBURN. Florida, Ms. JACKSON-LEE, Mr. LANTOS, and purposes; to the Committee on Commerce. H.R. 1128: Ms. MILLENDER-MCDONALD. Mr. FARR of California. By Mr. METCALF (for himself, Ms. H.R. 1151: Mr. MENENDEZ, Mr. SHAYS, Mr. H. Con. Res. 13: Mr. OWENS and Mr. MCCOL- DUNN of Washington, Mr. DICKS, Mr. CUMMINGS, and Mr. NADLER. LUM. WHITE, Mr. NETHERCUTT, Mr. HAST- H.R. 1175: Mr. SHERMAN. H. Con. Res. 37: Mr. GILLMOR. INGS of Washington, Mr. MCDERMOTT, H.R. 1176: Mr. CAMPBELL and Mr. DAVIS of H. Con. Res. 41: Ms. BROWN of Florida, Mr. Mrs. LINDA SMITH of Washington, and Illinois. HUTCHINSON, Mr. JEFFERSON, Mr. GUTKNECHT, Mr. ADAM SMITH of Washington): H.R. 1288: Mr. OWENS. Mr. REYES, and Mr. OXLEY. H. Con. Res. 117. Concurrent resolution ex- H.R. 1437: Mr. YATES and Mr. MCHUGH. H. Con. Res. 45: Mr. FROST, Mr. DEFAZIO, pressing the sense of the Congress regarding H.R. 1500: Mr. DAVIS of Illinois. Ms. STABENOW, and Mr. BONIOR. the interference of the European Commis- H.R. 1504: Mr. WHITFIELD and Mr. MCGOV- H. Con. Res. 55: Mr. BROWN of Ohio, Mr. sion in the merger of the Boeing Co. and ERN. DUNCAN, Mr. THOMAS, and Mr. MEEHAN. McDonnell Douglas; to the Committee on H.R. 1507: Mr. CLAY and Mr. NEAL of Massa- H. Con. Res. 80: Mr. FARR of California, Mr. International Relations. chusetts. WYNN, Mr. HINCHEY, and Mr. LEWIS of Ken- By Mr. GILMAN (for himself, Mr. SOL- H.R. 1525: Mr. MARTINEZ. tucky. OMON, Mr. ROHRABACHER, Mr. SMITH H.R. 1531: Mr. EVANS, Mr. FOX of Penn- H. Con. Res. 83: Mr. QUINN, Mr. of New Jersey, Mr. COX of California, sylvania, Ms. JACKSON-LEE, and Mr. ENGLISH BLUMENAUER, Mr. WHITE, Mr. KLINK, and Mr. and Mr. MARKEY): of Pennsylvania. HOLDEN. H. Res. 188. Resolution urging the execu- H.R. 1550: Mr. BURTON of Indiana. H. Con. Res. 112: Mr. LANTOS and Mr. tive branch to take action regarding the ac- H.R. 1583: Ms. DEGETTE. YATES. quisition by Iran of C–802 cruise missiles; to H.R. 1608: Mr. MASCARA, Mr. GREENWOOD, H. Con. Res. 114: Mr. GUTIERREZ, Mrs. MINK the Committee on International Relations. Mr. KING of New York, Mr. WELDON of Penn- of Hawaii, and Mr. BURTON of Indiana. H5488 CONGRESSIONAL RECORD — HOUSE July 17, 1997

H. Res. 22: Mr. MENENDEZ. H.R. 2159 H.R. 2160 H. Res. 26: Ms. ROYBAL-ALLARD, Mr. OFFERED BY: MS. JACKSON-LEE OFFERED BY: MR. NEUMANN NADLER, Mr. DELLUMS, Mr. DAVIS of Illinois, AMENDMENT NO. 35: At the end of the bill, AMENDMENT NO. 17: Insert before the short Mr. MORAN of Virginia, Mrs. MEEK of Flor- insert after the last section (preceding the title the following new section: ida, Mr. RUSH, Ms. JACKSON-LEE, Mr. short title) the following new section: SEC. . None of the funds appropriated or DEFAZIO, Mr. SANDERS, Mrs. KENNELLY of ASSISTANCE FOR ETHIOPIA otherwise made available by this Act may be Connecticut, and Mr. PAYNE. SEC. 572. The Department of State should used to carry out, or to pay the salaries and H. Res. 110: Mr. FARR of California, Ms. closely monitor and take into account expenses of personnel of the Department of LOFGREN, Ms. SANCHEZ, and Mr. PETERSON of Pennsylvania. human rights progress in Ethiopia as it obli- Agriculture who carry out, a nonrecourse gates funds appropriated or otherwise made loan program for the 1998 crop of quota pea- H. Res. 151: Mr. SMITH of Michigan, Mr. available by this Act for Ethiopia. nuts with a national average loan rate in ex- EHLERS, and Mr. EHRLICH. H.R. 2159 cess of $550 per ton. f OFFERED BY: MR. PAUL H.R. 2160 AMENDMENT NO. 36: At the end of title I OFFERED BY: MR. SANDERS (page 5, after line 14), insert the following AMENDMENTS AMENDMENT NO. 18: Page 51, line 6, insert new paragraph: after the dollar amount ‘‘(increased by Under clause 6 of rule XXIII, pro- REDUCTION IN AMOUNTS $5,000,000)’’. posed amendments were submitted as Each amount otherwise provided in this Page 56, line 15, insert after the second dol- follows: title is hereby reduced to $0. lar amount ‘‘(reduced by $5,470,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, THURSDAY, JULY 17, 1997 No. 102 Senate The Senate met at 9:30 a.m., and was RECOGNITION OF THE ACTING The Senate resumed consideration of called to order by the President pro MAJORITY LEADER the bill. tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The Pending: able acting majority leader is recog- Bingaman amendment No. 896, to provide nized. for Cuban-American family humanitarian PRAYER support and compassionate travel. f The guest Chaplain, Rev. Michael N. Hutchinson amendment No. 890, to express SCHEDULE the sense of the Senate that most-favored- Higgs, LINC Ministries, Canby, OR, of- nation trade status for China should be re- fered the following prayer: Mr. BROWNBACK. For the informa- voked. Let us pray together: tion of all Members, today the Senate The PRESIDENT pro tempore. The will resume consideration of S. 955, the Almighty God, Creator of the uni- able Senator from New Mexico is rec- foreign operations appropriations bill. ognized. verse, Sovereign and Supreme Ruler Under the previous order, following the over our Nation, we thank You today debate time on the remaining two AMENDMENT NO. 896 for the gifts of life and liberty, and for amendments to S. 955, the Senate will Mr. BINGAMAN. Mr. President, I ap- the many blessings we and our country begin voting on those amendments as preciate very much the chance to have received from Your hand. Along well as final passage. Therefore, Sen- speak again about my amendment. Let with the 22,000 students here this week ators can expect three consecutive roll- me take just a few minutes to describe for Youth For Christ’s D.C. ’97 Youth call votes beginning at approximately what this amendment does and then re- Evangelism Super Conference, I thank 10 a.m. this morning. serve a couple of the 5 minutes that is You for the privilege of interceding on It is the intention of the majority allotted for my side for any rebuttal I behalf of those You have appointed to leader for the Senate to begin consider- need to make. lead our Nation. We acknowledge Your ation of the Treasury, postal appro- This amendment is very modest. It sovereignty in the affairs of all na- priations bill following the disposition tries to do three things. It is aimed at tions, as well as Your divine appoint- of the foreign operations appropria- assisting the Cuban-American families ment of all in positions of authority. tions bill. Members can anticipate ad- that reside in our country, some of We thank You for all the Senators, for ditional rollcall votes today on the whom are citizens—some individuals the unique gifts, talents, and abilities Treasury, postal appropriations bill. are citizens, some are residents. It tries You have given them. May they utilize The majority leader has also stated to assist in three respects. them today and each day in a way that that the Senate will resume consider- First of all, it says with regard to pleases You and blesses our Nation. As ation of the nomination of Joel Klein family support payments, that resi- they confront the problems, challenges to be an Assistant Attorney General. dents of the United States shall not be and opportunities that our country Senators can expect a rollcall vote on prohibited from sending to their par- faces, give them the wisdom to make that nomination following the conclu- ents, their siblings, their spouses, or decisions with justice, mercy, and com- sion of the remaining 3 hours for de- their children who currently reside in passion. Grant them insight and inspi- bate. Cuba, small amounts of money, not to ration as they face difficulties and ob- I thank all Senators for their atten- exceed $200 per month, to be used for stacles; give them not only success in tion, and I yield the floor. the purchase of basic necessities, in- their endeavors, but also joy in the f cluding food, clothing, household sup- journey as they serve You and our plies, rent, medicines, and medical country. And as they represent a gen- FOREIGN OPERATIONS, EXPORT care. eration of youth who are searching for FINANCING, AND RELATED PRO- Mr. President, I think this is self-ex- leadership marked by moral and ethi- GRAMS APPROPRIATIONS ACT, planatory. We had a policy until the cal integrity, give them the faith and 1998 shootdown of the plane some 2 years courage to do what is right in Your The PRESIDENT pro tempore. The ago, nearly, at this point—we had a eyes, to honor You in their speech and clerk will report the pending bill. policy of permitting, I believe, $100 per conduct, and to act in a manner that The assistant legislative clerk read month to be remitted by Cuban-Ameri- will attract Your blessing to our Na- as follows: cans living in this country to their tion and ensure a righteous legacy for A bill (S. 955) making appropriations for families in Cuba for these types of pur- our young people. We pray this in foreign operations, export financing and re- poses. That is no longer permitted at faith, in the name of Jesus and for His lated programs for the fiscal year ending any level. This amendment would say glory. Amen. September 30, 1998, and for other purposes. up to $200 per month could be sent by

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

S7623 S7624 CONGRESSIONAL RECORD — SENATE July 17, 1997 a person in this country to a family Havana were arrested for demanding tarian assistance to Cuba. In the last 4 member in Cuba. democratic reforms, and they remain years, the U.S. Government has li- Second, compassionate travel—that in jail. censed more than $150 million of hu- is the second item in this amendment. In response to these actions, Presi- manitarian assistance to Cuba, more It says essentially that U.S. citizens dent Clinton, with the strong biparti- than the total of all other nations com- and permanent residents here can trav- san support of this country, on that bined. So the United States has not el without limitation for periods not to day made several changes in American stood by in times of humanitarian need exceed 30 days for each trip to attend policy. First, we suspended the very re- for the people of Cuba. either a medical emergency or a fu- mittances that would be expanded by With reference to travel to Cuba, neral of that person’s parent, sibling, the Bingaman amendment today, and American citizens already can travel to spouse, or child. As I understand it, the canceled flights that were encouraging Cuba once a year with virtually no re- present law in this country is that you tourism and travel in Cuba. It was a straints in order to attend to a human- can go to Cuba for a very short time modest response to an egregious act. itarian family need. This would open once a year, if you are a resident of We were united then; I do not know the gates beyond that to allow unlim- this country, for this kind of purpose. what would divide us now. ited visits to Cuba. It doesn’t take a great deal of ingenu- Since the murders on that day, there The PRESIDING OFFICER. The time ity to conjure up a situation where you has been no change in Cuban policy. of the Senator has expired. would have a person’s parent getting Although the price of progress in Mr. GRAHAM. Mr. President, I urge sick, having a medical emergency that American relations has always been the Senate defer the debate on what required that person to return early in clear—a single opposition newspaper, should be our policy in the future to- the year, and then have a funeral later the scheduling of a free election, the ward Cuba to another day, when we can that year which would require a return allowing of any dissent, the opening of give it the attention that it requires, again to Cuba. This amendment says Cuba’s jails to anyone; not all of these and defeat this amendment. that you could do both of those trips. things, not even in their entirety, but Mr. BINGAMAN. Mr. President, how Neither could be more than 30 days in any one of these things, to any extent, much time remains? duration. It is a very limited provision. would have brought about a change in The PRESIDING OFFICER. The Sen- It is only applicable to people who have our policy. ator from New Mexico controls 50 sec- spouses, parents, siblings, and children I know people are impatient for onds. Mr. BINGAMAN. Let me conclude by in Cuba. democratic reform in Cuba and an end- And the third item here, which I ing of the embargo. It has been 5 years saying I am not trying to change Unit- think is not just aimed at the Cuban- since we strengthened American law. I ed States policy toward Cuba. I am not American community, it says that the know patience is not always our great- trying to provide assistance to Fidel United States Government shall not be est national attribute. But now—in the Castro. I am not trying to send a signal prohibited from participating in hu- face of Fidel Castro, 5 years after em- that Fidel Castro is a favorite states- manitarian relief efforts of multilat- barking on this policy, only 18 months man of this country. I do think it is ap- eral organizations of which the United after the murder of these citizens, with propriate for us to separate out the States is a member, where such hu- no Cuban response, no concession and concerns of Cuban-American citizens manitarian relief efforts are made in no change—to simply abandon our pol- and residents from this geopolitical the aftermath of a natural disaster in icy, I believe, would undermine a for- issue, and say these modest efforts to Cuba. eign policy objective of the United assist Cuban-American citizens and All we are saying here is that if there States for a free Cuba. residents to help their families and to is a hurricane, if there is some natural Mr. President, does the Senator from visit their families are not something catastrophe in Cuba, and multilateral Florida—we have consumed 3 minutes, that a great nation like ours should re- organizations that we are a member of I believe, Mr. President? sist. Clearly, the humanitarian assistance decide to take some action to assist The PRESIDING OFFICER. Two my colleague from Florida cites that the Cuban people, then we can partici- minutes remain. we have done is in the private sector. pate along with the other members of Mr. TORRICELLI. Does the Senator There is no public sector assistance at that multilateral organization. from Florida request the 2 minutes? As I indicated when I started, this is Mr. GRAHAM. Yes. this time. Mr. President, I urge the adoption of a very, very modest amendment. It is The PRESIDING OFFICER. The Sen- ator from Florida. my amendment. trying to deal with some very specific While I have the floor, I ask unani- problems I see in our current law, and Mr. GRAHAM. Mr. President, I thank mous consent to add Senator BOB I would very much appreciate it if our my colleague, Senator TORRICELLI. KERREY from Nebraska as a cosponsor colleagues could agree to this amend- I rise today to oppose the amendment offered by our colleague from New of my amendment. ment. I understand it is objectionable, The PRESIDING OFFICER. Without Mexico. The policy of the United and I will, at this point, yield the floor objection, it is so ordered. and reserve the remainder of my time States toward Cuba is too serious, it is Mr. BINGAMAN. I also ask for the to allow the opponents of the amend- too delicate, it has too many ramifica- yeas and nays on my amendment. ment to explain why this is going to tions to be settled in debate which this The PRESIDING OFFICER. Is there a undermine our great democracy. morning will provide 5 minutes per side sufficient second? I yield the floor. to discuss the nuances of what is en- There is a sufficient second. The PRESIDING OFFICER (Mr. tailed in this seemingly humanitarian The yeas and nays were ordered. BROWNBACK). Who yields time in oppo- and benign amendment. If there is to The PRESIDING OFFICER. By pre- sition to the amendment? be a change in policy, it should be the vious agreement, the vote will take The Senator from New Jersey. result of studied consideration of all of place at a later time. Mr. TORRICELLI. Mr. President, I the implications of specific proposals, The PRESIDING OFFICER. All time yield myself 3 minutes. not extracting three items from a com- has expired on the amendment. The PRESIDING OFFICER. Without plex set of relationships that involve AMENDMENT NO. 890 objection, it is so ordered. not only Cuba but also many other na- The PRESIDING OFFICER. The Mr. TORRICELLI. Mr. President, on tions in the world. question recurs on the amendment of February 24, 1996, under the directions Second, there is no need for this the Senator from Arkansas. The Sen- of Fidel Castro, the Cuban Air Force amendment. One of the principal parts ator from Arkansas is recognized for up encountered and destroyed a civilian of this amendment is related to hu- to 5 minutes. aircraft in the Florida straits. Mur- manitarian aid, particularly after a Mr. HUTCHINSON. Mr. President, I dered on that day were four innocent natural disaster—a very appealing con- yield myself 2 minutes. civilians, including Americans. At al- cept for Americans. It is so appealing It has been years since this body most the same time, 100 brave Cuban that, in fact, the United States is al- voted on the most-favored-nation sta- citizens demonstrating in the streets of ready the largest donor of humani- tus for China. It has been 8 years since July 17, 1997 CONGRESSIONAL RECORD — SENATE S7625 the Tiananmen Square massacre, and final decision about this important pol- The PRESIDING OFFICER. Who it has been 4 years since this Nation icy question. seeks recognition to speak in opposi- embarked on a policy of so-called con- Last month, the House of Represent- tion to the amendment? structive engagement which delinked atives debated a resolution of dis- Mr. BINGAMAN. Mr. President, I ask our China trade policy from human approval that would have denied most- permission to speak for up to 2 minutes rights concerns. favored-nation status for China as pro- in opposition to the amendment. During these years, years since we posed by President Clinton. The House The PRESIDING OFFICER. Without last voted on MFN, years since the rejected this measure, thereby support- objection, it is so ordered. The Senator Tiananmen Square massacre, and the 4 ing the Clinton administration’s pro- is recognized. years since we embarked upon con- posal to extend MFN status for China Mr. BINGAMAN. Mr. President, let structive engagement, this is what has for another year. me just say this whole issue of most-fa- happened in these years: Given this action by the House, the vored-nation status is not what the The struggling democracy movement U.S. Senate will not have a formal de- name implies. We have normal trading in China has been thoroughly and com- bate and vote this year on the Presi- relations with well over 100 countries pletely squashed. dent’s recommendation. Nevertheless, I in the world, and as to each of those Those students at Tiananmen recognize that this issue raises some countries, we have so-called most-fa- Square, which we watched on tele- very serious issues that need more de- vored-nation trading status with them. vision all over this Nation, are all ei- bate and consideration than the very What we need to maintain with ther imprisoned or executed. brief debate that the Senate has given China is a normalized trading situation All voices of freedom in China have this issue today. which then allows us to deal with the since been silenced—all of them—ac- Like many of my colleagues in the specific problems that the proponents cording to the 1996 State Department Senate, I am very troubled by the ac- of this resolution have identified. I Report on China. All voices of dis- tions of the Chinese Government in agree that there are major problems in sidents have been silenced. Beijing. It has a very poor record on the trade imbalance that we have with Chinese workers have been system- human rights issues. It has repeatedly China, that there are human rights atically exploited. violated trade agreements. abuses in China that are of concern, Weapons of mass destruction have The PRESIDING OFFICER. The Sen- that there is missile proliferation that been exported around the world so that ator has spoken for 90 seconds. Does is of concern, and clearly the issue that the export of those weapons from China she seek additional time? is being raised about possible involve- ment by the Chinese Government in now poses the greatest military risk in Ms. COLLINS. I ask unanimous con- our elections is of concern. But those the world today. sent that I be permitted to proceed for are specific issues that should be dealt And people of faith in China have 1 additional minute. The PRESIDING OFFICER. Without with by a rifle-shot approach. We been persecuted and driven under- objection, it is so ordered. should not try to cut off our trade ac- ground. Ms. COLLINS. It has a very poor tivities with a very large economy, In addition, during these years, all record on human rights issues. It has such as China, and hamper the eco- political dissent has been effectively repeatedly violated trade agreements. nomic opportunities of our own private oppressed, and now there is mounting It engages in unacceptable weapons sector and the job creation that comes evidence that, in fact, during these proliferation activities. It denies the from that in this country through this years when we were year after year religious freedom of its citizens. It kind of device. granting most-favored-nation status, maintains an antidemocratic posture So I very much oppose the notion they were attempting to influence the toward Taiwan and Tibet. And, finally, that we should deny most-favored-na- American political process. There is our Senate investigation into cam- tion status to China. I think we should mounting evidence that that was the paign finance abuses has revealed a get that issue behind us and get on to case. plan by China to funnel illegal political dealing with the more specific issues So I believe this vote is a vote of con- contributions into American cam- that do require attention in regard to science. I believe it is a vote that we paigns. our relations with China. I hope in fu- must have in this body. The abuses of Given all of the ramifications, I be- ture years we can do that. It seems like the Chinese Government beg to be pro- lieve that at an appropriate time and we are caught in a time war. We get to tested. place, the Senate should engage in a where we have an annual debate about So when people ask me why this full-fledged debate that gives these most-favored-nation status and that is vote? I say because it is so egregious matters the attention that they truly all we seem to be able to have when it what is going on that we must vote, we deserve. comes to talking about China, and that must raise our voice, we must let the In conclusion, I am withholding final is, unfortunately, what is happening people of China know that there are judgment on the question of most-fa- again this year. people standing up for them in the vored-nation status for China, but in The PRESIDING OFFICER. Who United States. the meantime, I am expressing my very yields time in opposition to the amend- The PRESIDING OFFICER. The Sen- serious concerns and reservations by ment? ator has used his 2 minutes. supporting the nonbinding sense-of- Mr. MCCONNELL addressed the Mr. HUTCHINSON. I reserve my 3 the-Senate resolution offered by the Chair. minutes. Senator from Arkansas. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who I yield the floor. ator from Kentucky. seeks to speak in opposition to the Mr. HUTCHINSON addressed the Mr. MCCONNELL. Mr. President, amendment? Chair. with regard to the amendment of my Ms. COLLINS addressed the Chair. The PRESIDING OFFICER. The Sen- good friend from Arkansas, Senator The PRESIDING OFFICER. The Sen- ator from Arkansas. HUTCHINSON, I, along with a number of ator from Maine. How much time does Mr. HUTCHINSON. Might I inquire other Senators, were in Hong Kong 10 the Senator seek? as to how much time my side has re- days ago to watch the turnover of Hong Ms. COLLINS. Mr. President, I seek maining? Kong to the Chinese. I mention Hong 90 seconds, please. The PRESIDING OFFICER. One Kong because Hong Kong is really the The PRESIDING OFFICER. The Sen- minute 10 seconds. All time remains in best indicator of what China is likely ator is recognized. opposition. to become in the coming years. Ms. COLLINS. Mr. President, I rise in Mr. HUTCHINSON. It is my under- Some people suggest that the Peo- support of Senator HUTCHINSON’s sense- standing Senator ASHCROFT from Mis- ple’s Republic of China will ruin Hong of-the-Senate resolution. I want to souri is on the way to the floor to Kong. Others suggest that Hong Kong make clear that my support of this speak in favor of my amendment. I re- will be the engine that changes China. nonbinding resolution signifies my serve the final 1 minute and yield the I think clearly the latter is most likely grave concerns about most-favored-na- floor to the opponents of the amend- to be the case. Even though the amend- tion status for China rather than a ment. ment of the Senator from Arkansas S7626 CONGRESSIONAL RECORD — SENATE July 17, 1997 deals with MFN for China and not MFN policy within China. Is it more effec- The stakes are very high. In the agri- for Hong Kong, I think it is worthy of tive to have a policy of isolationism, culture sector, these negotiations will note that no one in Hong Kong, no one, where we have virtually no trading re- determine whether China becomes our not the democracy activists, the busi- lationship with China? This is what largest export market or our biggest nessmen, no one, you can’t find any- would happen if normal trading rela- competitor. We cannot afford to make body in Hong Kong who thinks termi- tions is revoked. the same mistakes made when Japan nating MFN for China is a good idea. Or is it more effective to build a clos- entered the GATT in 1945. The United I cite, for example, Martin Lee, the er relationship with China through our States is still shut out of the market in person who most of us are familiar trade policy? Trade serves to promote many respects. We need a tough, fair with who is the prodemocracy activist free enterprise and raise the standard agreement with China. in Hong Kong and the one the Chinese of living of the Chinese people. It al- It’s time to move forward in our tend to fear the most and the one who lows us to export our principles of lib- trading relationship with China. Let’s says the greatest number of things that erty and democracy. I believe that the get beyond this annual debate over tend to irritate the regime in Beijing. United States, and the Chinese people, trading status and focus on how we can Martin Lee is not in favor of terminat- are clearly better off by strengthening best improve access to China’s market ing MFN for China, because he believes our relationship through trade. for American workers and businesses, that the economic engine that is roar- Integrating China into the world while improving the lives of the Chi- ing in mainland China is pulling it in- community has already paid dividends. nese people by promoting human rights evitably in the direction of democracy Recognizing that China still has many and serving as an example of democ- and human rights. problems, most people would agree racy. So, Mr. President, I hope that the that significant progress has been Mr. GORTON. Mr. President, my col- Hutchinson amendment will not be ap- made just in the last 10 to 20 years. I league from Arkansas, Mr. HUTCHINSON, proved. I think it sends the wrong sig- believe our economic and diplomatic has offered a sense-of-the-Senate nal. relations with China have helped push amendment today regarding the Presi- Having said that, let me say that no- this progress along. dent’s decision to extend most-favored- body that I know is entirely happy This is not to say that we shouldn’t nation trading status to the People’s with the internal government in the be tough with China. Retaliatory meas- Republic of China for another year. Mr. ures can be very effective in encourag- People’s Republic of China. I might say HUTCHINSON believes the President’s the same thing about some of the coun- ing further reforms in China. But retal- decision was wrong and would like to tries that are still receiving foreign as- iation should be targeted and specific. see MFN for China withdrawn. While I I recall that last year at this time, sistance from us. We are not entirely share my colleagues concerns about USTR announced $2 billion in sanc- happy with what is going on in Russia MFN for China, I will not support his tions against China for breaching its these days. I, for one, am not happy amendment today. commitment on intellectual property with a number of things that have hap- As many of my colleagues know, I rights. Now I’m told by the administra- have grave reservations about the pened in Egypt recently, and these are tion that China has taken significant United States’ policy of engagement countries that are foreign aid recipi- strides in cracking down on the with China. The President’s decision to ents of the United States. pirating of intellectual property. Firm We are not talking about foreign aid continue to provide China free and sanctions targeted at specific behavior open access to the United States mar- for China; we are talking about MFN can force change in China. for China. It seems to me it makes no Revoking our normal trading rela- ket and the House vote to approve that sense, in terms of our growing relation- tions is a blunt, ineffective tool. It decision were, in my opinion, wrong. ship with China, to send this kind of would also hurt American workers, But, that is water under the bridge. In- message by terminating the trade sta- businesses, and consumers. Our $12 bil- stead of arguing against a decision that tus which benefits American business lion in annual exports to China would has already been made, we should be and benefits reformers in China who, in be put at risk, jeopardizing over 200,000 looking forward to the MFN debate my judgment, will ultimately bring American jobs. And the increase in tar- next year. about the kind of changes in China iffs on China’s exports into this county My State of Washington is on the that we would all like to see. amounts to a stiff tax on American cutting edge of trade with China. We do Mr. President, how much time re- consumers. more business with China than vir- mains? We are set for three votes at 10 The costs of revoking normal trading tually any other State in the Nation o’clock, are we not? relations with China—to American and rely on that business for thousands The PRESIDING OFFICER. The Sen- workers and consumers and in terms of of well-paying jobs. Despite our suc- ator controls 2 minutes remaining in our inability to effectuate change in cesses, the Chinese continue to impose opposition. We are set for two rollcall China—clearly outweigh any perceived protectionist trade barriers against votes at 10 o’clock. benefits. I find it hard to believe that Washington State products and play Who seeks time? Two minutes re- Beijing will suddenly promote democ- politics with our exports. My State is main for those who desire to speak in racy and human rights because the not alone in this dilemma. opposition; 1 minute remains for those United States ends its trading relation- I firmly believe that the administra- who seek to speak in support of the ship with China. tion’s policy of engagement is failing amendment. Who yields time? Engagement is the right policy for businesses throughout the United Mr. GRASSLEY. Mr. President, I rise encouraging change in China. States. The United States trade deficit to voice my opposition to the sense-of- Some opponents of MFN are con- with China has now grown to $40 billion the-Senate offered by the Senator from cerned, not with these other important and is increasing every day. This is un- Arkansas. I support the President’s de- issues, but with the trading relation- acceptable, Mr. President. I challenge cision to extend most-favored-nation ship itself. They point to the United my colleagues to take a closer look at status, or normal trading relations, to States’ expanding trade deficit with our policy of engagement with China China. China, which last year amounted to and urge them to join me in fighting The problems with China on trade, just under $40 billion. for a tougher trade policy next year. If security, and human rights are well The current negotiations with China we condition MFN on significant trade documented. And I won’t take the time on its accession to the World Trade Or- concessions from China next year, I am to repeat them here. But I’ll just say ganization is an opportunity to address convinced that China will back down. that we are all concerned with China’s the trade imbalance. We must get Unless we stand firm against Chinese poor record of promoting democracy, meaningful market access concessions protectionism and condition MFN and free enterprise and human rights. I’m from the Chinese before they are al- access to the United States market on especially concerned with the persecu- lowed into the WTO. American prod- trade concessions from China, we will tion of Christians in China. ucts deserve the same access to the never reap the potential benefits of But I think the question comes down Chinese market as their products enjoy truly free trade with the world’s larg- to what is the best way to influence in the United States. est emerging economy. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7627 So, Mr. President, I will vote against jobs. Should we stop doing business tive ways by which to influence Chi- this amendment today, but look for- with China, I have no doubt but that nese Government policy. ward to working closely with my col- other nations will step in to take our Mr. KEMPTHORNE. Mr. President, I leagues next year to change the way place, and to take jobs now occupied by oppose the amendment offered by Sen- the United States does business with Americans both here and in China. ator HUTCHINSON. The sense-of-the-Sen- China. Thus, by revoking MFN, we would ate resolution now before the Senate, Mr. ABRAHAM. Mr. President, I rise not significantly punish the Chinese even if it passed, will not end China’s to express my opposition to the sense Government, but we would visit hard- most-favored-trading status with the of the Senate resolution opposing most ship on our own workers. United States. The House of Represent- favored nation [MFN] status to the This is not to say that I believe we atives has voted to retain MFN status People’s Republic of China. must stand idly by while human rights for China. Our current trading status Mr. President, I hope everyone in abuses continue in the People’s Repub- with China will continue and based on this Chamber recognizes that terrible lic of China. But, rather than eliminate all of the evidence I have seen, I be- things continue to go on inside China. jobs and stifle growth through in- lieve this is the correct policy. Religious persecution, political repres- creased tariffs, in my view it would be We must not mistake the decision to sion, and coercive family planning are better to take actions showing our dis- maintain normal trading status with only the most visible Chinese Govern- pleasure directly with the Chinese Gov- China with acceptance or approval of ment policies that violate universal ernment. China’s abysmal policies regarding re- standards of human decency. That is why I have introduced S. 810, spect for human rights, religious free- In response to these serious prob- the China Sanctions and Human Rights dom, nuclear proliferation, or respect lems, some of my colleagues have Advancement Act.’’ for intellectual property rights. called for an end to China’s most-fa- This legislation would show our dis- I believe that by staying engaged in vored-nation trading status with the approval of Chinese Government ac- China, which the extension of MFN United States. tions, while at the same time encour- provides, is the best way to promote re- But I believe that that is the wrong aging worthwhile economic and cul- spect for human right, free enterprise, approach. I support a 1-year extension tural exchanges; exchanges that can and democracy in the most populous of MFN for China. Why? First, because lead to positive change in China. country in the world. American busi- it is the best policy for American con- It would: nesses in China are advocates of human sumers. Those consumers will have a Prohibit issuance of United States rights on a daily basis. By staying en- wider choice of affordable goods with visas to Chinese Government officials gaged in China, we can hear the cries MFN than without it. To revoke MFN who implement and enforce Chinese for freedom of the Chinese people. If we would be to increase tariffs on goods laws and directives that persecute reli- as Americans cut ourselves off from purchased by the American people. It gious groups. China, who will hear these pleas for re- would amount to a tax hike, and I am Prohibit direct and indirect United form and progress and who else will be not in favor of tax hikes, particularly States-taxpayer financed foreign aid able to press China to respect human those imposed on the basis of another for China. rights? government’s behavior. Require the United States Govern- It is important to note that leading Second, I am convinced that revok- ment to publish a list of Chinese com- advocates of reform in China, such as ing MFN would target the wrong par- panies backed by the People’s Libera- Martin Lee in Hong Kong, are strong ties for punishment. We should keep in tion Army and operating in the United advocates for the extension of MFN to mind that it is not the people of China States. This would allow informed con- China. We must continue to bombard with whom we have a quarrel; it is sumers and other purchasers to choose the Chinese with capitalism. But if we their Government. Trade and United whether they wish to do business with isolate China, as has been suggested, States investment in China have a such companies. and cut off ties to the free world, that’s positive effect in providing more oppor- Prohibit Polytechnologies Inc., when you condemn the persecuted and tunities for average Chinese citizens. known as POLY, and NORINCO, the their cries are not heard. Tiananmen According to Heritage Foundation China North Industries Group—two Square was a prodemocracy movement China expert Stephen J. Yates, in Chinese companies whose officials have by young Chinese because of their ex- China, ‘‘employees at U.S. firms earn been indicted for attempting to smug- posure to free enterprise and capital- higher wages and are free to choose gle arms into the United States—from ism. Exposure to democracy, not isola- where to live, what to eat, and how to exporting to the United States, or tion from it, will allow change to come educate and care for their children. maintaining a physical presence here from within. This real and measurable expansion of for 1 year. I have seen first hand the value of freedom does not require waiting for In my judgment, the combination of talking with Chinese leaders about middle-class civil society to emerge in these sanctions and a 1-year extension human rights. Last year I traveled to China; it is taking place now and of MFN offers the best approach to China and I raised the issue of human should be encouraged.’’ change the behavior of the Chinese rights violations with many of the offi- Third, I am convinced that terminat- Government. These measures will di- cials I spoke with, including President ing MFN would be damaging to the rect punishment where it belongs, with Jiang Zemin. Pursuing trade with people of Hong Kong, recently returned the Chinese Government, not the Chi- China is important so we can expose to Chinese rule. nese people. the Chinese people to the free enter- All of us in Congress are concerned I understand my colleague from Ar- prise system, capitalism, and other im- that China may violate the 1984 Sino- kansas’ frustration with current Chi- portant concepts of our free and demo- British Joint Declaration and squash nese Government policies. I commend cratic society. Just like I did with my freedom, both economic and political. his desire to effect those policies in a meetings with Chinese leaders, each However, in formulating United States positive way. But it is my firm belief sale, each meeting, each phone call is policy with regard to Hong Kong, we that we serve the cause of liberty best an opportunity to make our case for re- must remember that repealing MFN for when we serve it most consistently. By specting human rights. Engaging the China will hit Hong Kong hard. Former maintaining free trade, while showing Chinese, not isolating them, is a faster Hong Kong Governor Chris Patten has our disapproval of tyrannical practices, way to achieve the reforms we all said that rescinding MFN would dev- we stay true to our principles. We want. astate Hong Kong’s economy. make it possible for liberty to spread I understand that many well-mean- Mr. President, I have another impor- while maintaining our own economic ing groups oppose the extension of tant reason for supporting a 1-year ex- freedom intact. MFN to China because of China policies tension of MFN: American jobs. Using I urge my colleagues to vote against which suppress religious freedoms. the Commerce Department’s rules of the sense of the Senate resolution, to Many Idahoans have raised this issue thumb, United States exports to China support a 1-year extension of MFN, and with me but I would like to quote the account for roughly 200,000 American also to join me in pursuing more posi- words of Rev. Nelson E. Graham, the S7628 CONGRESSIONAL RECORD — SENATE July 17, 1997 son of Dr. Billy Graham, regarding his States markets at nondiscriminatory Mr. HUTCHINSON. Mr. President, it work in China, ‘‘In the years we have tariff rates. Last year, the United is my understanding that Senator been traveling to China, we have seen a States imported $51.5 billion in goods ASHCROFT is on his way to speak in definite improvement in the area of re- from China, while China imported only favor of the amendment. ligious freedom for China’s Protestant $12 billion in goods from the United Mr. MCCONNELL. I withdraw my re- believers, and I believe it is a mistake States. More than one-third of China’s quest. to focus on the negatives and not rein- exports are sold to the United States, The PRESIDING OFFICER. Who force the positive strides China has while only 2 percent of total United yields time? made in this area.’’ States exports are sold to China. Mr. HUTCHINSON. Mr. President, it I also know many folks are concerned The piracy of intellectual property is my understanding I have 1 minute 10 about the findings coming out of the rights in China cost the United States seconds. I yield the remaining time to hearings by the Governmental Affairs economy $2.3 billion last year. It is es- the distinguished Senator from Mis- Committee regarding China’s efforts to timated that as much as 97 percent of souri. influence elections in the United the entertainment software sold in The PRESIDING OFFICER. The Sen- States. The timing of this vote coin- China is counterfeit, and pirated goods ator from Missouri is recognized for cides with hearings by the Senate Gov- produced in China have been found in the remaining time. ernment Affairs Committee where both Asia, the Middle East, Europe, and Mr. ASHCROFT. Mr. President, I Democrats and Republicans conclude North and South America. thank you very much, and I thank the that China has participated in efforts At the same time, the Government of Senator from Arkansas, not only for to directly and indirectly influence China continues to sell weapons of his courtesy in this matter, but for his elections in the United States. mass destruction, and abuse the human leadership in this matter. This is of enormous concern to me rights of its citizens. China has sold It is apparent, the House of Rep- because of its threat to free and fair missiles, missile technology, and chem- resentatives having voted in favor of elections in our country without for- ical and biological weapons to coun- most-favored-nation status for China, eign influence. This should be thor- tries such as Iran, Libya, Syria, and that anything we do by expressing our- oughly investigated by Congress and by Iraq. These weapons threaten U.S. selves in the Senate won’t have a real Federal law enforcement agencies. military personnel overseas, and our impact in terms of denying that stand- Americans who may have assisted in allies and friends around the world. ing to China. But it is essential that we espionage by China should be pros- And the State Department report on register the displeasure and dissatisfac- ecuted to the fullest extent of the law. human rights in China describes wide- tion of this body with the conduct of If the hearings and investigations spread human rights abuses which vio- China in three basic categories that I prove the Government of China did in late internationally accepted stand- believe are an appropriate standard by fact attempt to influence elections, ards. The report states that all public which we would measure our relation- this issue must be immediately and di- dissent against the Communist party ship with a variety of nations. rectly confronted by diplomatic and and the Government of China has been The first of those categories is gross international sanctions so that per- silenced by intimidation, exile, prison trade inequities that China and the petrators are brought to justice and terms, and other forms of detention. United States have. Some have said that it never, ever happens again. The legislation which the Senate is that most-favored-nation status is just But a vote on MFN for China is not a considering today is not the appro- general trading status. As it applies to vote on the issue of Chinese espionage. priate vehicle for this amendment. The China, it is most-favored status. We A vote on MFN for China is a vote Trade Act of 1974 already provides a have a wide variety of other countries about what is best for the interests of thorough mechanism for the consider- whose trading relationships with the the United States and its citizens. ation of MFN renewal for nonmarket United States are nearly on a parallel Regarding the benefits of extending economies such as China. This amend- basis of balance. Not so with China. MFN to China, Governor Batt of Idaho ment is being offered without consider- Second is that the military buildup states, ‘‘There are valid concerns about ation by any committee of the Senate, in China threatens peace and stability, China’s human rights record; however, and with limited opportunity for de- not only in the Pacific rim but around I think that to severely curtail trade bate on the Senate floor. the world. with the U.S. would move us backward In addition, this amendment would And the third is that human rights on this issue, not forward.’’ Likewise, a have no legal effect. The decision to abuses in China should be something recent editorial in the Idaho States- renew MFN for China has already been we mention very clearly and we should man endorsing the extension of MFN made for this year. The President re- express with deep conviction. for China states, ‘‘The surest, long- newed MFN for China in May, and the The PRESIDING OFFICER. The Sen- term policy for ensuring a better life House of Representatives rejected a ator’s time has expired. for people here and abroad is to pro- joint resolution of disapproval. This Mr. ASHCROFT. I thank the Chair. mote free markets and friendly trading amendment would have no impact on The PRESIDING OFFICER. Is there policies.’’ that decision. anybody who wishes to speak in opposi- I believe we must do what is best for Mr. President, the Government of tion? ourselves and what is most likely to China should not expect the United Mr. MCCONNELL. Mr. President, I promote progress toward freedom and States to continue to provide non- ask unanimous consent that there be 2 democracy for the people of China and discriminatory tariff rates to goods minutes of debate equally divided prior I therefore support the extension of from China, if China continues to re- to each vote in the series following the most-favored-nation trading status for strict the access of United States prod- first vote, which I gather will be mo- China. ucts to markets in China. If the re- mentarily. Mr. DURBIN. Mr. President, I rise in newal of MFN for China is considered The PRESIDING OFFICER. Without opposition to the amendment. I have by the Senate next year under the objection, it is so ordered. serious concerns about our current Trade Act, I may be compelled to con- Does anybody desire to speak in op- trade relations with China. Last year, tinue to oppose MFN for China unless position to the amendment? our merchandise trade deficit with there is a substantial improvement in Mr. BINGAMAN addressed the Chair. China grew to $39.5 billion, which is an China’s trade practices, proliferation The PRESIDING OFFICER. The Sen- increase of more than 213 percent over policies, and respect for human rights. ator from New Mexico. the past 5 years. This year, our trade Mr. MCCONNELL. I suggest the ab- Mr. BINGAMAN. Mr. President, let deficit with China is expected to reach sence of a quorum, with the time to be me say one more word about the $50 billion. equally charged to both sides. amendment with regard to most-fa- It is clear that, in many cases, goods Mr. HUTCHINSON addressed the vored-nation status for China. from the United States are locked out Chair. My own strong impression is that of China’s markets, while goods from The PRESIDING OFFICER. The Sen- with regard to Russia and most of the China are allowed to enter United ator from Arkansas. other major nations we deal with, we July 17, 1997 CONGRESSIONAL RECORD — SENATE S7629 have a series of concerns that we deal The PRESIDING OFFICER. Without MFN should be renewed uncondition- with on a concern-by-concern basis, a objection, it is so ordered. ally not because it is a reward to the case-by-case basis. And that is exactly Mr. MCCONNELL. I ask unanimous Government of China, but because rev- what we should do. consent at 11:30 the Senate proceed to ocation of MFN hurts the very people In the case of China, unfortunately, consideration of Calendar 112, S. 1023, we want to help. We have many grave our debate has gotten to where it is the Treasury, Postal appropriations concerns with China ranging from the sort of all or nothing, we are either bill. treatment of dissidents and Christians going to have most-favored-nation sta- The PRESIDING OFFICER. Without to weapons proliferation. But severing tus or we are not. And that is a very objection, it is so ordered. economic ties is not the right tool to blunt instrument with which to try to AMENDMENT NO. 890 address these issues. Revoking MFN deal with a very important and com- The PRESIDING OFFICER. There only succeeds in hurting Americans, plex relationship. I believe it would be are 2 minutes of debate equally divided hurting reformers, and hurting the peo- a great mistake for us to deny most-fa- on the amendment of the Senator from ple of Hong Kong and Taiwan. vored-nation status to China. Arkansas. But what I have to say about linking I hope very much the amendment is The Senator from Arkansas. MFN to Hong Kong’s future is far less rejected. Mr. HUTCHINSON. I ask unanimous important than what the people of The PRESIDING OFFICER (Mr. consent Senator FEINGOLD be added as Hong Kong themselves have told law- SMITH of Oregon). All time has expired. a cosponsor to my bill makers. Martin Lee, Hong Kong’s lead- VOTE ON AMENDMENT NO. 896 The PRESIDING OFFICER. Without ing democrat described revoking MFN The PRESIDING OFFICER. The objection, it is so ordered. as punishing Hong Kong. Miss Denise question is on agreeing to amendment Mr. HUTCHINSON. Mr. President, Yue, Hong Kong’s Secretary for Trade No. 896 offered by the Senator from Members can see the beautiful tie I am and Industry, best described the threat New Mexico, Senator BINGAMAN. The wearing today. It was manufactured in of MFN revocation as double jeopardy, yeas and nays have been ordered. The Little Rock, AR. It is a family busi- ‘‘[K]nowing that if China takes away clerk will call the roll. ness. The owner of the family business their freedoms, the United States will The assistant legislative clerk called that manufactured this tie told me respond by taking away their jobs . . .’’ the roll. that the greatest threat to his eco- Similarly, Hong Kong’s Chief Execu- Mr. NICKLES. I announce that the nomic viability is the unfair trade tive designee Tung Chee Hwa has Senator from Montana [Mr. BURNS] is practices of Communist China. stressed that unconditional renewal of necessarily absent. I ask you to vote for this sense-of- MFN is in the best interests of Hong The PRESIDING OFFICER. Are there the-Senate resolution. Suffering is not Kong. any other Senators in the Chamber de- a term of economics. You cannot add it So I think we should listen very care- siring to vote? up, you cannot deduct it, you cannot fully to what those who live and work The result was announced—yeas 38, redeem it in dollars. in Hong Kong have said, rather than nays 61, as follows: Arguments for MFN always come pretending we know better. [Rollcall Vote No. 183 Leg.] down to dollars and cents. But to the This also applies to the Chinese on YEAS—38 average Chinese person, you can’t build the other side of the strait—the people Akaka Dodd Lautenberg a wall, you can’t separate the econom- of Taiwan. This year, as in past years, Baucus Dorgan Leahy ics from the human rights violations the Government of Taiwan is quietly Biden Durbin Levin that are going on. A product of slave Bingaman Feingold Lugar supporting the renewal of normal trad- Bond Feinstein Moseley-Braun labor is inexorably tied and linked to ing ties. One has only to look at invest- Boxer Harkin Moynihan the shackled hands that made it. ment in Southern China to understand Breaux Inouye Murray I ask my colleagues, think about the that cutting economic ties between the Bumpers Jeffords Reed enslaved, think about the oppressed, Byrd Johnson Roberts United States and the People’s Repub- Chafee Kennedy Sarbanes think about the imprisoned today, lic of China will have a significant and Cleland Kerrey Wellstone think about that voice of freedom that negative economic impact on Taiwan. Conrad Kerry Wyden has been silenced, think about that Daschle Landrieu Taiwan companies and individuals have voice of freedom in prison today, and invested more than $30 billion in over NAYS—61 speak for that one who cannot speak 30,000 enterprises. Abraham Graham Murkowski for himself. Please vote for this amend- My colleagues should also take note Allard Gramm Nickles ment. that the board of the United States-Re- Ashcroft Grams Reid Mr. MURKOWSKI. Mr. President, I Bennett Grassley Robb public of China (Taiwan) Business Brownback Gregg Rockefeller urge my colleagues to vote against the Council, a collection of American com- Bryan Hagel Roth pending sense-of-the-Senate resolu- panies doing business in Taiwan, Campbell Hatch Santorum tion that China’s most-favored-nation unanimously adopted a resolution sup- Coats Helms Sessions trading status should be revoked. This Cochran Hollings Shelby porting renewal of MFN. The council Collins Hutchinson Smith (NH) is the worst of all possible alternatives. noted that ‘‘renewing MFN for China is Coverdell Hutchison Smith (OR) Mr. President, you will recall that good for the United States in its busi- Craig Inhofe Snowe Teddy Roosevelt said speak softly and D’Amato Kempthorne Specter ness with China, with Taiwan, and with DeWine Kohl Stevens carry a big stick, well this resolution is Hong Kong.’’ Domenici Kyl Thomas just the opposite—it is speaking loud- Supporters of Taiwan, and I put my- Enzi Lieberman Thompson ly, and carrying no stick. The tradi- self firmly in that category, should Faircloth Lott Thurmond tional resolution of disapproval for Ford Mack Torricelli also look at the history of the United Frist McCain Warner MFN has already been defeated in the States relationship with Taiwan, be- Glenn McConnell House of Representatives. So this vote fore rejecting the claim that economic Gorton Mikulski has no force. In my view, that is the liberalization leads to political liberal- NOT VOTING—1 worst possible way to send a message ization. Burns to China. This United States commitment to The amendment (No. 896) was re- Much has been written that this year the people of Taiwan was indispensable jected. the debate over MFN is different, that to the development of the economic Mr. MCCONNELL. Mr. President, I the issues have changed, but I do not and democratic miracle that is Taiwan move to reconsider the vote. think the fundamental choice has today. This was not always the case. Mr. LEAHY. I move to reconsider the changed: Do we choose engagement— Martial law lasted from 1950 to 1987. vote. striving to bring China into the inter- During that period, individual rights The motion to lay on the table was national community on terms we sup- and freedoms were stifled and political agreed to. port—or isolation—allowing China to opposition was silenced. Yet, today, Mr. MCCONNELL. I ask unanimous enter the international arena on terms once imprisoned opposition leaders consent that the next two votes be lim- beyond our control. I think the answer such as Peng Ming-min have been re- ited to 10 minutes in length each. is obvious. leased. In fact, Peng was the DPP’s S7630 CONGRESSIONAL RECORD — SENATE July 17, 1997 Presidential candidate in last year’s not the democrats, not the reformers, year. And who makes them? On the March election. no one. I don’t think there is any whole, young Chinese working people During this less than free and open chance that China will change without trying to improve their lives. period, the United States stood by Tai- continued economic engagement. What will happen if we revoke MFN wan, maintained normal trading rela- Therefore, Mr. President, I hope that status? The result should be obvious. tions, and gave the Republic of China the Hutchinson amendment will not be Millions of innocent Chinese workers economic aid. Most historians agree approved. in toy factories and other walks of life that United States aid and investment Mr. SARBANES. Will the Senator would lose their jobs. The Chinese Gov- served to enhance market-oriented eco- yield for a question? ernment would certainly be hurt, but nomic reforms that contributed to ris- The PRESIDING OFFICER. Does the the lives of these workers would be ru- ing living standards and expanded eco- Senator from Kentucky yield time? ined. nomic freedoms, and injected a liberal- Mr. MCCONNELL. I yield for a ques- So, far from improving human rights, izing influence into Taiwanese society. tion. revoking China’s MFN status would But the transition to an open, demo- Mr. SARBANES. My understanding is cause immense human suffering. And cratic society took 50 years on an is- that amendment does not terminate as the Senator said, we would be send- land of 20 million, and was the first de- MFN. ing the Chinese people a message with mocracy in 5,000 years of Chinese his- Mr. MCCONNELL. It is a sense-of- his resolution. But it would not be a tory. the-Senate amendment. message of support—it would be a Of course, Taiwan’s success also de- Mr. SARBANES. It’s virtual reality. threat to put them out of work. pended on a leadership decision to re- I might vote for an amendment on sub- And of course, that would discredit form the political structure. We cer- stance, but this doesn’t do that; is that our human rights efforts with the Chi- tainly cannot predict what direction correct? nese public. No rational person can ex- the People’s Republic of China leader- Mr. MCCONNELL. That is correct, I pect anyone in China to thank us for ship will take the 1.2 billion mainland say to the Senator from Maryland. harming their economy and inflicting Chinese, but we can follow the formula Mr. BAUCUS. Mr. President, I rise in misery on them, their families, or their that has worked before. opposition to the Hutchinson amend- fellow citizens. Hong Kong’s and Taiwan’s freedom ment, which is a sense-of-the-Senate By contrast, if human rights is our and power as a model for China’s future resolution stating that we should re- motivation, MFN is an irreplaceable evolution rests on continued economic voke China’s most-favored-nation sta- part of any effective policy. As the De- vibrancy. U.S. policy should strive to tus. mocracy Wall activist Wang Xizhe— maintain confidence, not destroy it. MFN status should not be a political until recently a political prisoner— I hope that next year we can have a issue. It is nothing more than the nor- says: more constructive debate over whether mal trade status we give virtually all * * * the goal of exerting effective, long- this annual exercise should be scrapped our trade partners. But if we are to term influence over China can only be in favor of a deal to grant permanent consider MFN a political issue, a look achieved by maintaining the broadest pos- at the facts shows that MFN for China sible contacts with China, on the foundation MFN status for China if they make the of MFN, thus causing China to enter further necessary commercial concessions to is legally right; it is morally right; and into the global family and to accept globally enter the World Trade Organization. it is right for our American national practiced standards of behavior. The yearly exercise of public interest. A long-term policy may emotionally handwringing over MFN renewal has Why? First, and most simply, re- be hard to accept. There are real proven a liability to a coherent China newal of MFN status is right under our human rights problems in China. About policy. MFN was never intended to law. 3,000 political prisoners remain in jail. serve as a weapon of punishment for The Jackson-Vanik law has governed Strict limits on freedom of assembly. every problem we have with nonmarket renewal of MFN status for non-market Very severe policies in Tibet. The Sen- economies. Its original purpose of guar- economies since 1974. It conditions ator from Arkansas is right to be con- anteeing freedom of emigration from MFN on two things—the existence of a cerned about these issues. We would the former Soviet Union has been bilateral commercial agreement and like to solve them all in a day. But the grossly distorted, and I would say with- freedom of emigration. And under the fact is, that won’t happen. This resolu- out achieving any positive results. But law, the President’s choice is clear. We tion will not help us solve these prob- there is a time for everything, and un- have a bilateral trade agreement lems. Only by staying involved, fortunately now is not the time to push signed with China in 1980. And China through trade and human exchange as permanent MFN. allows free emigration. Therefore, as a well as diplomacy, can we hope to Integrating China into the inter- legal matter, the President was right make a difference. national community poses great risks to renew MFN and we should back him Finally, we are Americans first and and equally great opportunities. If we up. we are responsible to the American continue down the road of inconsist- Second, renewing MFN status is mor- public on our policy decisions. And re- ency and fail to deal honestly with the ally right. newing MFN status is right for our own Chinese, in concert with our allies, and At times people in Washington are national interest. based on a clear understanding of the tempted to see a vote to revoke MFN And let me give perhaps the most im- United States national interest, we as something which might promote portant example. I visited Seoul, South will have failed the sacred trust of the human rights in China. That is a fine Korea, and Pyongyang, North Korea, Nation. sentiment. Senator HUTCHINSON’s re- during the last Memorial Day recess. The United States-China relationship marks indicate that human rights is And I can say from firsthand experi- is pivotal to the continued security and the central reason he wants to revoke ence that we have a very complex, very prosperity of Asia and America. We MFN status. But while those who advo- dangerous situation at hand in the Ko- must ground that relationship in the cate revoking MFN status to promote rean Peninsula. solid foundation of the U.S. national human rights are well-intentioned, if North Korea is a politically isolated interest—ensuring stability and secu- we actually went ahead and revoked government, with very severe food and rity in Asia to limit the potential for MFN status we would see the opposite economic problems, and a large and conflict and tension and to provide fer- of what they intend. well-armed military machine. We just tile soil for democracy and economic To revoke MFN status, very simply, considered an amendment addressing prosperity. We must also work to- is to raise tariffs from Uruguay round the most recent provocation by North gether with our Asian allies to design to Smoot-Hawley levels. To take one Korea. We have a commitment to joint and raise its frame; their future is as example, that means raising tariffs on defense of South Korea, and 37,000 men much at stake as our own. toys and stuffed animals from zero to and women permanently on the line Mr. MCCONNELL. Mr. President, let 70 percent overnight. That hits one of just a few miles south of the DMZ. me say that no one in Hong Kong is in China’s major exports to the United I spoke with their Supreme Com- favor of terminating MFN to China— States, at about $6 billion worth last mander, General Tilelli. I met with July 17, 1997 CONGRESSIONAL RECORD — SENATE S7631 some of the enlisted men. I got a threat The PRESIDING OFFICER. All time troops and East Timorese rebels re- briefing from a young Army major has expired on the amendment. sulted in dozens of casualties on both from Wolf Point, MT. The question is on agreeing to the sides. These deaths were only the lat- If you go there, you know how seri- amendment of the Senator from Ar- est in the troubled region, which has ously these men and women take the kansas. been occupied by Indonesia since 1975. responsibility we have given them. You The yeas and nays have been ordered. Human rights monitors estimate that see it in their faces. It is a very dan- The clerk will call the roll. as many as 200,000 East Timorese have gerous place. And we here in the Sen- The legislative clerk called the roll. died since the occupation. ate owe it to them to pursue a very se- Mr. NICKLES. I announce that the Mr. President, as we all know, the In- rious, responsible policy that can keep Senator from Montana [Mr. BURNS] is donesian Government announced last the peace, and ensure a swift victory if, necessarily absent. month that it was no longer interested God forbid, there is any conflict. The PRESIDING OFFICER. Are there in participating in IMET or purchasing Chinese cooperation is absolutely es- any other Senators in the Chamber de- F–16 fighters. Congress should not sential to that. China is the largest siring to vote? relax our scrutiny of Indonesia’s country, with the most powerful army, The result was announced—yeas 22, human rights practices and policies in in the region. It is probably the only nays 77, as follows: East Timor just because these high- country that can help make sure the [Rollcall Vote No. 184 Leg.] profile deals have been canceled. North Korean Government understands YEAS—22 Human rights organizations have ex- pressed concerns that helicopters may the realities on the peninsula. It has Ashcroft Helms Sessions played a critically important role in Campbell Hollings Smith (NH) be used against civilians in East restraining North Korean military ag- Coats Hutchinson Snowe Timor. Thus it is important to ensure gression and in preventing nuclear pro- Collins Inhofe Thompson that any such hardware provided by D’Amato Kyl Torricelli liferation. And deliberately antagoniz- DeWine Leahy Wellstone the United States is not used for inter- ing the Chinese Government and armed Faircloth Levin nal repression. Certainly the answer to services by continually threatening to Feingold Mack the East Timor problem does not lie in revoke MFN will not help at all. NAYS—77 further arming the Indonesian military You can go on from there to many Abraham Feinstein Lugar and police forces. Thus I am also other issues. Take trade. We need a Akaka Ford McCain pleased that the administration has re- more fair, more reciprocal, better trade Allard Frist McConnell affirmed its existing policy of preclud- Baucus Glenn Mikulski relationship with China. We have an Bennett Gorton Moseley-Braun ing the sale to Indonesia of small arms, opportunity to do that this year by Biden Graham Moynihan riot control equipment, and armored bringing China into the World Trade Bingaman Gramm Murkowski personnel carriers. Organization on a commercially ac- Bond Grams Murray The bill’s provision strengthens this Boxer Grassley Nickles ceptable basis. Cutting off MFN status Breaux Gregg Reed policy, reflecting Congress’ continued would put us on the opposite track—it Brownback Hagel Reid concerns. would balance trade at close to zero, Bryan Harkin Robb LIBYA Bumpers Hatch Roberts cutting off jobs and prosperity here as Byrd Hutchison Rockefeller Ms. MIKULSKI. Mr. President, I am well as in China. Chafee Inouye Roth proud to cosponsor the Lautenberg And as we look into the next cen- Cleland Jeffords Santorum amendment to cut foreign aid to any tury, we must work to slow global Cochran Johnson Sarbanes country that violates U.N. sanctions Conrad Kempthorne Shelby warming, ocean pollution, and loss of Coverdell Kennedy Smith (OR) against Libya. You cannot seek to un- biodiversity. To take just one statistic, Craig Kerrey Specter dermine important policies of the Unit- in the next 20 years, world greenhouse Daschle Kerry Stevens ed States and expect to receive eco- emissions will grow from 6 to 9 trillion Dodd Kohl Thomas Domenici Landrieu Thurmond nomic assistance. tons a year. Fully 1 trillion of the addi- Dorgan Lautenberg Warner The international community im- tional 3 trillion tons will come from Durbin Lieberman Wyden posed sanctions on Libya because of China. Enzi Lott their failure to extradite their intel- We have a chance now to moderate NOT VOTING—1 ligence agents who were indicted for that trend. And a political crisis Burns the bombing of Pan Am 103 over caused by revoking MFN would make Lockerbie, Scotland. This one act of So the amendment (No. 890) was re- that mutually beneficial effort very terrorism cost the lives of 270 people. jected. difficult. Libya provides sanctuary to their Our own common sense should tell us INDONESIA PROVISIONS murderers. Yet Egypt—which receives China is a key player on all these is- Mr. FEINGOLD. Mr. President, as billions of dollars of United States sues. Wantonly picking a fight with the someone gravely concerned with the aid—has allowed Libyan airlines to world’s largest country by revoking human rights situation in East Timor, land on their soil. They also attempted MFN status, when only six countries in I am pleased to see strong language re- to weaken U.N. sanctions and even to the world lack MFN status and we give garding military sales to Indonesia in- build a free trade zone with Libya. 151 countries and territories tariff cluded in the foreign operations appro- The families of those murdered on rates better than MFN, would be fool- priations. I would like to commend the Pan Am 103 need no reminder of why ish. managers of the bill, the Senator from we have sanctions on Libya. They live And our allies tell us the same thing. Kentucky [Mr. MCCONNELL] and the with this tragedy every day of their During my trip last May, I met top na- Senator from Vermont [Mr. LEAHY], for lives. Seven people from Maryland died tional security officials in the South including this provision. in this tragedy. They were Michael Korean Government. I spoke with sen- The bill states that any agreement to Bernstein, Jay Kingham, Karen ior officers of the Japanese Self-De- sell, license for export, or transfer le- Noonan, Ann Lindsey Otenasek, Lousie fense Forces. And I met with Chinese thal military equipment or helicopters Rogers, Miriam Wolf, and Jordy Wil- dissidents and democratic political to Indonesia must include a statement liams. leaders in Hong Kong. that these items will not be used in They were so young. They were col- These are our friends. Our strategic East Timor. lege students, a young Army lieuten- allies. People we work with every day. I am pleased with this language be- ant, a businessman and a lawyer. They People who wish us well. Not a single cause it is important to remind Indo- were sons, daughters, and fathers. We one of them supported revoking MFN nesia that Congress is still very con- swore that we would never forget them. status. Not a single one. cerned about the situation in East We would improve airline safety, we The right course to take is very Timor. The May 29 Indonesian elec- would fight terrorism—and most im- clear. We should reject the Hutchinson tions spurred new violence in East portantly, we would seek justice. amendment. Timor. In the weeks surrounding the One of the victims, Michael Bern- Thank you, Mr. President. voting, fighting between Indonesian stein, was a renowned Nazi hunter S7632 CONGRESSIONAL RECORD — SENATE July 17, 1997 working for the Justice Department. is based on ‘‘The total respect and adherence deliver; act multilaterally, where pos- Throughout his life, he sought justice to the U.N. resolutions concerning Libya.’’ sible, to avoid having our initiatives for the victims of the Holocaust. How The actions taken by Egypt last week dem- undercut; and replace our once-a-year tragic that his family has not yet had onstrated a complete lack of regard for the U.N. resolutions, for the family members of debate on MFN with a sustained, high- justice. those murdered, and lastly for the United level commitment to improving our His wife continues to seek justice. I States. overall relationship. ask unanimous consent that Stephenie Sincerely, I hope that diplomatic pressure, Bernstein’s letter to the Egyptian Am- STEPHANIE L. BERNSTEIN. international suasion, and targeted bassador be printed in the RECORD. Ms. MIKULSKI. Mr. President, the sanctions will change Beijing’s atti- There being no objection, the letter Senate chose to reinstate the earmark tude toward nonproliferation. Chinese was ordered to be printed in the for aid to Egypt. They cannot assume compliance with international regimes RECORD, as follows: that we will continue to do this unless appears to improve when they are con- BETHESDA, MD, they become partners in the fight vinced that officials at the highest lev- July 16, 1997. against terrorism. els of the U.S. Government are scruti- Ambassador AHMED MAHER EL-SAYED, CHINA MFN RENEWAL AND PROLIFERATION nizing their behavior. Embassy of Egypt, VIOLATIONS But my patience is not limitless. Washington, DC. DEAR MR. AMBASSADOR: During the last Mr. BIDEN. Mr. President, I want to My vote today should not be inter- few years I have expressed my views to you, explain why I voted against the amend- preted as an expression of my satisfac- both in writing and in a meeting with you at ment offered by the Senator from Ar- tion with China’s behavior or the ad- the embassy, about Egypt’s position on the kansas, [Mr. HUTCHINSON] calling for a ministration’s policy of engagement. Lockerbie bombing. I am writing now to ex- revocation of China’s most-favored-na- Moreover, it should not be viewed as an press my concern to you about the disturb- tion trading status. Revoking China’s indication of how I might vote when ing events which took place last week at the nondiscriminatory trading status is MFN comes up for renewal next year. United Nations Security Council during the discussions on renewing the sanctions im- not a silver bullet we can fire to ad- If China fails to clean up its act, it posed on Libya for its refusal to turn over dress our many legitimate concerns may leave me no choice but to vote to the suspects wanted in the bombing. As you with China. MFN is ill-suited to carry revoke MFN. Sending a strong mes- may remember, my husband, Michael S. single-handedly the burdens of our sage—knowing full well that it won’t Bernstein, was one of the 270 people mur- complex and multifaceted relationship. miraculously bring about positive dered. Yet, simply extending China’s most- changes in China—may prove pref- To learn that Egypt, an ally of the United favored-nation status does little to ad- erable to doing nothing while China States, requested measures leading to re- vance our interests with China. More- moval of the sanctions against Libya is ap- makes the world a more dangerous palling. The request made by Egypt to con- over, it does nothing to address those place. vene a special meeting of the Security Coun- areas where China’s conduct is incon- The PRESIDING OFFICER. The Sen- cil to consider outlandish proposals such as sistent with international norms or in ator from Kentucky. trying the suspects in a neutral country, try- violation of their bilateral commit- Mr. MCCONNELL. Mr. President, I ing them before Scottish judges in The ments. ask unanimous consent that Senators Hague, or establishing a special court to try In short Mr. President, engagement MCCAIN and MURRAY be added as co- the cases is not the behavior of a country with China is not a policy, it is just a sponsors to amendment No. 892. which is a friend of the United States, 189 of means to an end. It is the content of whose citizens were murdered in the The PRESIDING OFFICER. Without Lockerbie disaster. the engagement that matters. objection, it is so ordered. The suspects wanted in this heinous crime In the area of nonproliferation, for Mr. MCCONNELL. I also ask unani- of mass murder have been indicted by the all of our engagement, China’s conduct mous consent that Senator BROWNBACK United States and Scotland. The only ac- clearly remains unacceptable. be added as a cosponsor to Senator ceptable locations for their trial are in the Just last May, the State Department SMITH’s amendment numbered 889. countries which brought the indictments belatedly imposed sanctions on two The PRESIDING OFFICER. Without against them. Over the years your country, a key Chinese chemical firms—Nanjing leader in the Arab world, has repeatedly pro- objection, it is so ordered. Chemical Industries Group and Jiangsu Mr. MCCONNELL. Also I believe we moted what Ambassador Nabil Elaraby Yongli Chemical Engineering and called last week ‘‘alternative venues’’ for a do not have the yeas and nays on final trial. He referred to the suffering of ‘‘the in- Technology Import Export Corp.—that passage. nocent people of Libya, the innocent people knowingly and materially contributed The PRESIDING OFFICER. The yeas of neighboring countries.’’ Pointedly, the to Iran’s chemical weapons program. and nays have not been ordered. Ambassador ignored the continuous suffering If this case were the lone exception, AMENDMENT NO. 915, AS MODIFIED of those whose loved ones were so brutally it would still be troubling. Unfortu- murdered. The way to end the inconvenience nately, it appears to be the norm. Mr. LEAHY. Mr. President, I ask posed by the sanctions for Libya and its China has knowingly aided the devel- consent to modify amendment 915. I neighbors is for the suspects to be turned opment of weapons of mass destruc- send the corrections to the desk. over for trial in either the United States or tion, and the means to deliver them, in The PRESIDING OFFICER. The Scotland. irresponsible states or in countries lo- amendment is so modified. Egypt’s misguided efforts last week and in The amendment (No. 915), as modi- the years after the murders have unfortu- cated in unstable regions of the world. nately undermined the quest for justice, and China has provided nuclear technology, fied, is as follows: given hope to the Libyans and others who cruise missiles, and ballistic missile On page 43, line 3 after the word ‘‘(IAEA),’’ sponsor terrorism that their murderous acts technology to Iran. China has also ex- insert the following new section: will go unpunished. When Libya’s U.N. am- ported M–11 missiles—which can be SEC. . AUTHORIZATION REQUIREMENT FOR bassador can say, as he did during last INTERNATIONAL FINANCIAL INSTI- equipped with nuclear warheads—and TUTIONS. week’s debate that ‘‘we can from now on be- missile production know-how to Paki- have as if these sanctions were not there,’’ (a) The Secretary of the Treasury may, to he has been given hope by Egypt that some- stan. fulfill commitments of the United States, (1) thing short of full compliance with basic These exports appear to be part of a effect the United States participation in the principles of law and decency will extricate deliberate government policy that first general capital increase of the Euro- his country from the troubles which its lead- traces its roots to the ancient Chinese pean Bank for Rconstruction and Develop- er has brought upon his people. strategy of balancing one barbarian off ment, subscribe to and make payment for I am appalled that my government contin- against another, and we may be one of 100,000 additional shares of the capital stock ues to give billions of dollars to a country the barbarians Beijing has in mind. of the Bank on behalf of the United States; which has so openly sought to undermine A critical objective of our relation- and (2) contribute on behalf of the United international law. Please be assured that ship with China must be to convince States to the eleventh replenishment of the resources of the International Development other family members of those murdered in Beijing not only to sign up to inter- the Lockerbie bombing and I will work tire- Association, to the sixth replenishment of lessly to see that U.S. aid to Egypt does not national nonproliferation regimes, but the resources of the Asian Development continue at the present level. to follow through on its commitments. Fund, a special fund of the Asian Develop- On August 18, 1994, you wrote me that In general, we should: stick to incen- ment Bank. The following amounts are au- Egypt’s position on the Lockerbie bombing tives and penalties we are prepared to thorized to be appropriated without fiscal July 17, 1997 CONGRESSIONAL RECORD — SENATE S7633 year limitation for payment by the Sec- istration. It seeks to expand the capac- said they want—the capability to re- retary of the Treasury: (1) $285,772,500 for ity of qualified African militaries to spond to regional crises. paid-in capital, and $984,327,500 for callable respond to peacekeeping needs in Afri- This is a concept that I have been capital of the European Bank for Recon- ca by merging the resources of the struction and Development; (2) $1,600,000,000 pondering for several years. A 1994 trip United States and several of our Euro- for the International Development Associa- to Liberia later heightened my inter- pean partners to provide peacekeeping tion; (3) $400,000,000 for the Asian Develop- est. At the time, many observers were training. The ACRI would help create ment Fund; and (4) $76,832,001 for paid-in cap- convinced that the only way to solve effective, rapidly deployable peace- ital, and $4,511,156,729 for callable capital of the crisis in Liberia, a country the Inter-American Development Bank in keeping units that would be able to op- wracked with civil war since 1989, was connection with the eighth general increase erate together. Such an initiative to deploy a large force of American sol- in the resources of that Bank. Each such sub- could ultimately reduce the burden on diers to stop the fighting and then scription or contribution shall be subject to U.S. resources in the event of a major obtaining the necessary appropriations. maintain the peace. (b) The authorizations under this section humanitarian or other crisis in the re- are subject to the Senate Foreign Relations gion. Like many other Americans, I op- Committee reporting out an authorizations Let me elaborate on what we are posed the deployment of American bill. talking about. The Africa Crisis Re- troops for this purpose. But I became Strike subsection (b) of amendment #915, sponse Initiative would provide train- intrigued with an alternative that had and insert in lieu thereof the following: ing to selected African militaries to been employed in Liberia since 1990—an On page 38, line 17, strike ‘‘$950,000,000’’ and raise their capabilities to a common all African peacekeeping force. This insert in lieu thereof ‘‘$1,034,500,000’’. On page 38, line 18, strike ‘‘$150,000,000’’ and peacekeeping standard derived from force, the West African peacekeeping insert in lieu thereof ‘‘$234,500,000’’. United States, British, Nordic, and force known by its French acronym On page 40, line 14, strike ‘‘$140,000,000’’ and United Nations doctrine. In most cases, ECOMOG, has not—by any definition— insert in lieu thereof ‘‘$150,000,000’’. this will involve intensive training been a perfect mission, and has cer- On page 40, line 14, strike ‘‘$40,000,000’’ and over a 2-month period in any single tainly had its share of problems. But insert in lieu thereof ‘‘$50,000,000’’. country, and will include important after many fits and starts, ECOMOG AFRICA CRISIS RESPONSE INITIATIVE train-the-trainer activities so that ad- troops have succeeded in establishing Mr. FEINGOLD. Mr. President, I ditional instruction may take place security in the country such that Libe- would like to ask the Senator from after the international representatives rians will have the opportunity to safe- Kentucky about committee report lan- have departed. ly go to the polls this weekend to par- guage directing that no peacekeeping Troops will be trained in tasks com- ticipate in an important national elec- funds be made available for the Africa mon to peacekeeping operations and on tion. The United States has made im- crisis response initiative [ACRI]. I un- how to utilize common communica- portant contributions to this effort in derstand the House version of this bill tions equipment. Equally as important, the form of airlift and other logistical and the accompanying report contain they will also receive instruction in support to ECOMOG. no such restrictions. civil-military relations and respect for I understand further that the Com- human rights. U.S. trainers intend to While I do not want to put too much mittee on Appropriations has raised use nongovernmental and private vol- reliance in the ECOMOG experience it- several concerns about this initiative untary organizations in the training self, since its record has been mixed, I which are currently being resolved by where possible. Any equipment that is think we can draw at least two impor- the administration. provided to the participating countries tant lessons. First, African govern- Therefore, I wonder if the distin- would be nonlethal in nature and could ments do want to contribute to main- guished chairman of the Subcommittee include items to support mine detec- taining peace in neighboring countries. on Foreign Operations will be looking tion, water purification, or night vi- Second, the United States can support to support the House mark in the sion. those efforts by sharing our strengths peacekeeping account and to revise the Already several African countries in areas such as technical assistance, report language in conference to re- have told United States officials they logistics, and communications, for ex- flect this change, along with continu- would like to participate in the ACRI, ample. Our European partners would ing concerns. including Ethiopia, Uganda, Ghana, make similar contributions. Mr. MCCONNELL. The Senator from Mali, Senegal, and Malawi. Senegal That is what this proposal is all Wisconsin is correct. I have had some and Uganda will begin training at the about. It is a cooperative effort to strong reservations about the potential end of this month. It is also important which all participants contribute. duplication of this initiative with re- that the Secretaries General of the Despite my enthusiasm for this ini- spect to other military assistance pro- United Nations and the Organization tiative, Mr. President, I would also grams of the United States and of for African Unity have indicated their caution the administration on the other countries, as well as about the support. I should also note that this tough choices it may soon have to role of the United Nations in the initia- proposal is strongly supported by the make with respect to which countries tive. Both the Departments of Defense U.S. Joint Staff and by our military can and should be invited to partici- and of State have been cooperative in command in Europe—the United States pate in the ACRI. When the adminis- addressing these potential problems. European Command [EUCOM]. tration first explored this proposal, it Mr. FEINGOLD. I thank the Senator The ACRI proposal appeals to me be- presented its preliminary ideas to 10 from Kentucky for his cooperation on cause it provides a mechanism through governments. These countries were un- this matter. I want to take a few mo- which the United States can both con- derstood to have excellent relations ments to express my views on the tribute to the resolution of crises in with the United States, as well as rel- ACRI. the region, while at the same time, Mr. President, I was disappointed to help ensure that the United States will atively disciplined militaries and read in the report on this bill that the not bear the total burden of doing so. democratic governments. It is my view Committee on Appropriations directed By having ready, trained troops on the that such qualities should represent ‘‘that no funds be made available for ground in Africa, the ACRI would de- the minimum standards for the United the Africa Crisis Response Force,’’ an crease the time it takes to respond to States to engage in the high-level mili- earlier title of what the administration local crises. But most importantly, if tary contact envisioned by the ACRI now refers to as the Africa Crisis Re- the proposal is implemented as in- proposal. sponse Initiative [ACRI]. This language tended, it would decrease the amount As beneficial as the ACRI will be for would prohibit the administration’s of outside support the Africans would the United States, it is also beneficial flexibility to use up to $15 million of require and preclude the need to send for the African countries involved. the peacekeeping account for this ini- American combat troops to the region Congress will look harshly at any deci- tiative. when there is a crisis. The ACRI is a sions that might be made to work with The ACRI, in my view, is an inven- means to provide appropriate African a government that has come to power tive proposal on the part of the admin- governments with a capacity they have through military action or that abuses S7634 CONGRESSIONAL RECORD — SENATE July 17, 1997 the rights of its citizens. I have con- Mr. President, that is why I was in- The bill clerk called the roll. cerns in particular about the possibil- terested to read language related to Mr. NICKLES. I announce that the ity of including the Government of Ni- IFAD in the report of the House Appro- Senator from Montana [Mr. BURNS] is geria in this initiative. While I recog- priations Committee on the House’s necessarily absent. nize the strength of Nigeria’s military version of the foreign operations bill. I I further announce that, if present and the important contribution it has was pleased to read, on page 18 of the and voting, the Senator from Montana made to the peacekeeping effort in Li- House report, that the House Appro- [Mr. BURNS] would vote ‘‘yea.’’ beria, the Government’s continued dis- priations Committee ‘‘requests that The PRESIDING OFFICER (Mr. dain for the needs of its people and con- AID [the Agency for International De- SANTORUM). Are there any other Sen- tinued human rights abuses I believe velopment] examine the possibility of ators in the Chamber who desire to should preclude it from participation using the International Fund for Agri- vote? in the ACRI. cultural Development as an imple- The result was announced—yeas 91, nays 8, as follows: Mr. President, in the long term, the menting agency in providing micro- administration anticipates that the enterprise assistance.’’ [Rollcall Vote No. 185 Leg.] trained and ready forces that have ben- This is in the context of the House’s YEAS—91 efited from the ACRI will be able to re- $10 million increase over the adminis- Abraham Ford McCain spond quickly to crises in the region Akaka Frist McConnell tration’s request for the AID micro- Allard Glenn Mikulski with African troops led by Africans. Al- enterprise account. As my colleague Baucus Gorton Moseley-Braun though I can foresee that the inter- knows, the Senate Appropriations Bennett Graham Moynihan national community might still be Committee has increased the same ac- Biden Gramm Murkowski called upon to provide logistics assist- Bingaman Grams Murray count by $15 million. Bond Grassley Nickles ance in certain cases, I believe strongly Mr. President, I wonder whether my Boxer Gregg Reed that technical assistance of that na- distinguished colleague could tell me Breaux Hagel Reid ture is an appropriate response for the whether he would support the House Brownback Harkin Robb United States. Bryan Hatch Roberts position in conference, that the Agency Bumpers Hutchinson Rockefeller With the rising number of conflicts for International Development should Campbell Hutchison Roth in the post-cold-war era, American consider using IFAD as one of the im- Chafee Inhofe Santorum Cleland Inouye Sarbanes troops are being called on more than plementing agencies in providing ever to participate in peacekeeping op- Coats Jeffords Sessions microenterprise assistance. Cochran Johnson Shelby erations that just are not tenable. The Mr. LEAHY. Mr. President, I concur Collins Kennedy Smith (OR) ACRI provides a creative way to re- with the Senator from North Dakota Conrad Kerrey Snowe Coverdell Kerry Specter spond to these demands while decreas- on this matter. The International Fund ing the need to deploy our own men D’Amato Kohl Stevens for Agricultural Development has sup- Daschle Kyl Thomas and women. plied nearly 300 microfinance projects DeWine Landrieu Thompson Mr. President, I hope the conferees Dodd Lautenberg Thurmond with almost $1 billion of funding. I am will agree on funding and language Domenici Leahy Torricelli particularly pleased that 40 percent of that will allow the administration to Dorgan Levin Warner these projects have been in sub-Saha- Durbin Lieberman Wellstone continue to pursue this creative ap- ran Africa, where the need for this type Enzi Lott Wyden proach to crisis intervention in Africa. Feingold Lugar The ACRI strengthens regional abili- of assistance is greatest. Feinstein Mack It seems to me that the Agency for ties to respond in a rapid and effective NAYS—8 manner, rather than calling for direct International Development should cer- tainly consider using IFAD’s capabili- Ashcroft Faircloth Kempthorne United States or European interven- Byrd Helms Smith (NH) tion. ties. I therefore will likely support the Craig Hollings House position on this matter and urge INTERNATIONAL FUND FOR AGRICULTURAL NOT VOTING—1 the conferees to include appropriate DEVELOPMENT Burns language in the statement of managers Mr. DORGAN. Mr. President, I rise to The bill (S. 955), as amended, was ask whether the distinguished ranking accompanying the conference report. Mr. DORGAN. I greatly appreciate passed, as follows: member, Senator LEAHY, would be will- S. 955 ing to engage in a colloquy with me the support of the Senator from Ver- mont in this matter. I look forward to Be it enacted by the Senate and House of Rep- about the International Fund for Agri- resentatives of the United States of America in cultural Development, or IFAD. working with him to ensure that the conference report provides appropriate Congress assembled, That the following sums Mr. LEAHY. Mr. President, I would are appropriated, out of any money in the be happy to engage in a colloquy with guidance to the Agency for Inter- Treasury not otherwise appropriated, for the the Senator about the good work that national Development with respect to fiscal year ending September 30, 1998, and for IFAD does. IFAD. I thank the distinguished rank- other purposes, namely: Mr. DORGAN. Mr. President, I thank ing member for his assistance, and I TITLE I—EXPORT AND INVESTMENT the ranking member. yield the floor. ASSISTANCE As my colleague knows, IFAD is a The PRESIDING OFFICER. The EXPORT-IMPORT BANK OF THE UNITED STATES specialized agency of the United Na- question is on third reading of the bill. The Export-Import Bank of the United tions that has the mission of fighting The bill was ordered to be engrossed States is authorized to make such expendi- hunger and poverty throughout the for a third reading, and was read the tures within the limits of funds and borrow- world. Since 1977 IFAD has helped rural third time. ing authority available to such corporation, poor to increase their nutrition, their Mr. MCCONNELL. Mr. President, I and in accordance with law, and to make food production and their income. It ask for the yeas and nays. such contracts and commitments without re- The PRESIDING OFFICER. Is there a gard to fiscal year limitations, as provided has reached about 160 million people by section 104 of the Government Corpora- through 429 different projects, mostly sufficient second? tion Control Act, as may be necessary in car- in Africa and Asia, the regions where There is a sufficient second. rying out the program for the current fiscal most of the world’s poor live. In its The yeas and nays were ordered. year for such corporation: Provided, That lending work, IFAD has an overhead of The PRESIDING OFFICER. Do Sen- none of the funds available during the cur- less than 10 percent, and it has ators yield back their time prior to the rent fiscal year may be used to make expend- achieved loan repayments of 97 percent vote? itures, contracts, or commitments for the in countries as diverse as Bangladesh, Mr. MCCONNELL. I yield any time. export of nuclear equipment, fuel, or tech- Benin, and Dominica. Mr. LEAHY. I yield any time. nology to any country other than a nuclear- The PRESIDING OFFICER. The weapon State as defined in Article IX of the More importantly, IFAD has been an Treaty on the Non-Proliferation of Nuclear innovator in providing microcredit to question is, Shall the bill, as amended, Weapons eligible to receive economic or vulnerable groups that are often dif- pass? On this question, the yeas and military assistance under this Act that has ficult to reach, such as small farmers, nays have been ordered, and the clerk detonated a nuclear explosive after the date the landless poor and rural women. will call the roll. of enactment of this Act. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7635

SUBSIDY APPROPRIATION such sums shall be available for direct loan obligated balances from prior appropriations For the cost of direct loans, loan guaran- obligations and loan guaranty commitments may be made available to any organization tees, insurance, and tied-aid grants as au- incurred or made during fiscal years 1998 and or program which, as determined by the thorized by section 10 of the Export-Import 1999: Provided further, That such sums shall President of the United States, supports or Bank Act of 1945, as amended, $700,000,000 to remain available through fiscal year 2006 for participates in the management of a pro- remain available until September 30, 1999: the disbursement of direct and guaranteed gram of coercive abortion or involuntary Provided, That such costs, including the cost loans obligated in fiscal year 1998, and sterilization: Provided further, That none of of modifying such loans, shall be as defined through fiscal year 2007 for the disbursement the funds made available under this heading in section 502 of the Congressional Budget of direct and guaranteed loans obligated in may be used to pay for the performance of Act of 1974: Provided further, That such sums fiscal year 1999: Provided further, That in ad- abortion as a method of family planning or shall remain available until 2013 for the dis- dition, such sums as may be necessary for to motivate or coerce any person to practice bursement of direct loans, loan guarantees, administrative expenses to carry out the abortions; and that in order to reduce reli- ance on abortion in developing nations, insurance and tied-aid grants obligated in credit program may be derived from amounts funds shall be available only to voluntary fiscal years 1998 and 1999: Provided further, available for administrative expenses to family planning projects which offer, either That up to $50,000,000 of funds appropriated carry out the credit and insurance programs directly or through referral to, or informa- by this paragraph shall remain available in the Overseas Private Investment Corpora- tion about access to, a broad range of family until expended and may be used for tied-aid tion Noncredit Account and merged with said account. planning methods and services: Provided fur- grant purposes: Provided further, That none ther, That in awarding grants for natural of the funds appropriated by this Act or any FUNDS APPROPRIATED TO THE PRESIDENT family planning under section 104 of the For- prior Act appropriating funds for foreign op- TRADE AND DEVELOPMENT AGENCY eign Assistance Act of 1961 no applicant shall erations, export financing, or related pro- For necessary expenses to carry out the be discriminated against because of such ap- grams for tied-aid credits or grants may be provisions of section 661 of the Foreign As- plicant’s religious or conscientious commit- used for any other purpose except through sistance Act of 1961, $43,000,000, to remain ment to offer only natural family planning; the regular notification procedures of the available until September 30, 1999: Provided, and, additionally, all such applicants shall Committees on Appropriations. That the Trade and Development Agency comply with the requirements of the pre- ADMINISTRATIVE EXPENSES may receive reimbursements from corpora- vious proviso: Provided further, That for pur- For administrative expenses to carry out tions and other entities for the costs of poses of this or any other Act authorizing or the direct and guaranteed loan and insurance grants for feasibility studies and other appropriating funds for foreign operations, programs (to be computed on an accrual project planning services, to be deposited as export financing, and related programs, the basis), including hire of passenger motor ve- an offsetting collection to this account and term ‘‘motivate’’, as it relates to family hicles and services as authorized by 5 U.S.C. to be available for obligation until Septem- planning assistance, shall not be construed 3109, and not to exceed $20,000 for official re- ber 30, 1999, for necessary expenses under this to prohibit the provision, consistent with ception and representation expenses for paragraph: Provided further, That such reim- local law, of information or counseling about members of the Board of Directors, bursements shall not cover, or be allocated all pregnancy options: Provided further, That $46,614,000: Provided, That necessary expenses against, direct or indirect administrative nothing in this paragraph shall be construed (including special services performed on a costs of the agency. to alter any existing statutory prohibitions contract or fee basis, but not including other against abortion under section 104 of the TITLE II—BILATERAL ECONOMIC personal services) in connection with the col- Foreign Assistance Act of 1961: Provided fur- ASSISTANCE lection of moneys owed the Export-Import ther, That, notwithstanding section 109 of the Bank, repossession or sale of pledged collat- FUNDS APPROPRIATED TO THE PRESIDENT Foreign Assistance Act of 1961, of the funds eral or other assets acquired by the Export- For expenses necessary to enable the Presi- appropriated under this heading in this Act, Import Bank in satisfaction of moneys owed dent to carry out the provisions of the For- and of the unobligated balances of funds pre- the Export-Import Bank, or the investiga- eign Assistance Act of 1961, and for other viously appropriated under this heading, tion or appraisal of any property, or the purposes, to remain available until Septem- $2,500,000 shall be transferred to ‘‘Inter- evaluation of the legal or technical aspects ber 30, 1998, unless otherwise specified here- national Organizations and Programs’’ for a of any transaction for which an application in, as follows: contribution to the International Fund for Agricultural Development (IFAD), and that for a loan, guarantee or insurance commit- AGENCY FOR INTERNATIONAL DEVELOPMENT any such transfer of funds shall be subject to ment has been made, shall be considered DEVELOPMENT ASSISTANCE nonadministrative expenses for the purposes the regular notification procedures of the of this heading: Provided further, That, not- (INCLUDING TRANSFER OF FUNDS) Committees on Appropriations: Provided fur- withstanding subsection (b) of section 117 of For necessary expenses to carry out the ther, That of the funds appropriated under the Export Enhancement Act of 1992, sub- provisions of sections 103 through 106 and this heading that are made available for as- section (a) thereof shall remain in effect chapter 10 of part I of the Foreign Assistance sistance programs for displaced and or- until October 1, 1998. Act of 1961, title V of the International Secu- phaned children and victims of war, not to exceed $25,000, in addition to funds otherwise OVERSEAS PRIVATE INVESTMENT CORPORATION rity and Development Cooperation Act of 1980 (Public Law 96–533) and the provisions of available for such purposes, may be used to NONCREDIT ACCOUNT section 401 of the Foreign Assistance Act of monitor and provide oversight of such pro- The Overseas Private Investment Corpora- 1969, $1,358,093,020, to remain available until grams: Provided further, That of the funds ap- tion is authorized to make, without regard September 30, 1999: Provided, That of the propriated under this heading, not less than to fiscal year limitations, as provided by 31 amount appropriated under this heading, up $15,000,000 shall be available for the Amer- U.S.C. 9104, such expenditures and commit- to $18,000,000 may be made available for the ican Schools and Hospitals Abroad Program: ments within the limits of funds available to Inter-American Foundation and shall be ap- Provided further, That not less than $500,000 it and in accordance with law as may be nec- portioned directly to that Agency: Provided of the funds appropriated under this heading essary: Provided, That the amount available further, That of the amount appropriated shall be made available only for support of for administrative expenses to carry out the under this heading, up to $10,500,000 may be the United States Telecommunications credit and insurance programs (including an made available for the African Development Training Institute: Provided further, That of amount for official reception and representa- Foundation and shall be apportioned directly the funds made available under this heading tion expenses which shall not exceed $35,000) to that agency: Provided further, That of the for Haiti, up to $250,000 may be made avail- shall not exceed $32,000,000: Provided further, funds appropriated under title II of this Act able to support a program to assist Haitian That project-specific transaction costs, in- that are administered by the Agency for children in orphanages. cluding direct and indirect costs incurred in International Development and made avail- POPULATION, DEVELOPMENT ASSISTANCE claims settlements, and other direct costs able for family planning assistance, not less For necessary expenses to carry out the associated with services provided to specific than 65 per centum shall be made available provisions of section 104(b) of the Foreign investors or potential investors pursuant to directly to the agency’s central Office of Assistance Act of 1961, $435,000,000, to remain section 234 of the Foreign Assistance Act of Population and shall be programmed by that available until September 30, 1999. 1961, shall not be considered administrative office for family planning activities: Provided CYPRUS expenses for the purposes of this heading. further, That of the funds made available Of the funds appropriated under the head- PROGRAM ACCOUNT under this heading, not less than $30,000,000, ings ‘‘Development Assistance’’ and ‘‘Eco- For the cost of direct and guaranteed above the amount of funds made available to nomic Support Fund’’, not less than loans, $60,000,000, as authorized by section 234 combat infectious diseases in the fiscal year $15,000,000 shall be made available for Cyprus of the Foreign Assistance Act of 1961 to be 1997, shall be made available to strengthen to be used only for scholarships, administra- derived by transfer from the Overseas Pri- global surveillance and control of infectious tive support of the scholarship program, vate Investment Corporation noncredit ac- diseases: Provided further, That such funds bicommunal projects, and measures aimed at count: Provided, That such costs, including shall be subject to the regular notification reunification of the island and designed to the cost of modifying such loans, shall be as procedures of the Committees on Appropria- reduce tensions and promote peace and co- defined in section 502 of the Congressional tions: Provided further, That none of the operation between the two communities on Budget Act of 1974: Provided further, That funds made available in this Act nor any un- Cyprus. S7636 CONGRESSIONAL RECORD — SENATE July 17, 1997

BURMA the Agricultural Trade Development and As- ganizations at a level which is at least equiv- Of the funds appropriated under the head- sistance Act of 1954, as amended, as author- alent to the level provided in fiscal year 1995. ing ‘‘Development Assistance’’, not less than ized under subsection (a) under the heading Such private and voluntary organizations $5,000,000 shall be made available to support ‘‘Debt Reduction for Jordan’’ in title VI of shall include those which operate on a not- activities in Burma, along the Burma-Thai- Public Law 103–306 and (b) direct loans ex- for-profit basis, receive contributions from land border, and for activities of Burmese tended to least developed countries, as au- private sources, receive voluntary support student groups and other organizations lo- thorized under section 411 of the Agriculture from the public and are deemed to be among cated outside Burma: Provided, That Trade and Assistance Act of 1954 as amended; the most cost-effective and successful pro- $3,000,000 of these funds shall be made avail- $34,000,000, to remain available until ex- viders of development assistance. able for the purposes of fostering democracy, pended: Provided, That none of the funds ap- PAYMENT TO THE FOREIGN SERVICE including not less than $200,000 to be made propriated under this heading shall be obli- RETIREMENT AND DISABILITY FUND available for newspapers, media, and publica- gated except as provided through the regular For payment to the ‘‘Foreign Service Re- tions promoting democracy for Burma: Pro- notification procedures of the Committees tirement and Disability Fund’’, as author- vided further, That $2,000,000 of these funds on Appropriations. ized by the Foreign Service Act of 1980, shall be made available to support the provi- MICRO AND SMALL ENTERPRISE DEVELOPMENT $44,208,000. PROGRAM ACCOUNT sion of medical supplies and services and OPERATING EXPENSES OF THE AGENCY FOR other humanitarian assistance to Burmese For the cost of direct loans and loan guar- INTERNATIONAL DEVELOPMENT located in Burma or displaced Burmese along antees, $1,500,000, as authorized by section For necessary expenses to carry out the the borders: Provided further, That funds 108 of the Foreign Assistance Act of 1961, as provisions of section 667, $473,000,000, to re- made available for Burma related activities amended: Provided, That such costs shall be main available until September 30, 1999: Pro- under this heading may be made available as defined in section 502 of the Congressional vided, That none of the funds appropriated by notwithstanding any other provision of law: Budget Act of 1974: Provided further, That this Act for programs administered by the Provided further, That provision of such funds guarantees of loans made under this heading Agency for International Development may shall be made available subject to the regu- in support of microenterprise activities may be used to finance printing costs of any re- lar notification procedures of the Commit- guarantee up to 70 per centum of the prin- port or study (except feasibility, design, or tees on Appropriations. cipal amount of any such loans notwith- evaluation reports or studies) in excess of CAMBODIA standing section 108 of the Foreign Assist- $25,000 without the approval of the Adminis- None of the funds appropriated by this Act ance Act of 1961. In addition, for administra- trator of the Agency or the Administrator’s may be made available for activities or pro- tive expenses to carry out programs under designee. this heading, $500,000, all of which may be grams in Cambodia until the Secretary of OPERATING EXPENSES OF THE AGENCY FOR State determines and reports to the Commit- transferred to and merged with the appro- priation for Operating Expenses of the Agen- INTERNATIONAL DEVELOPMENT OFFICE OF IN- tees on Appropriations that the Government SPECTOR GENERAL of Cambodia has (1) not been established in cy for International Development: Provided For necessary expenses to carry out the office by the use of force or a coup d’etat; (2) further, That funds made available under this provisions of section 667, $29,047,000, to re- discontinued all political violence and in- heading shall remain available until Septem- main available until September 30, 1999, timidation of journalists and members of op- ber 30, 1999. which sum shall be available for the Office of position parties; (3) established an independ- URBAN AND ENVIRONMENTAL CREDIT PROGRAM the Inspector General of the Agency for ent election commission; (4) protected the ACCOUNT International Development. rights of voters, candidates, and election ob- For the cost, as defined in section 502 of servers and participants by establishing laws the Congressional Budget Act of 1974, of OTHER BILATERAL ECONOMIC ASSISTANCE and procedures guaranteeing freedom of guaranteed loans authorized by sections 221 ECONOMIC SUPPORT FUND speech and assembly; (5) eliminated corrup- and 222 of the Foreign Assistance Act of 1961, For necessary expenses to carry out the tion and collaboration with narcotics smug- $3,000,000, to remain available until Septem- provisions of chapter 4 of part II, glers; and (6) been elected in a free and fair ber 30, 1999: Provided, That these funds are $2,541,150,000, to remain available until Sep- democratic election: Provided, That restric- available to subsidize loan principal, 100 per tember 30, 1999: Provided, That of the funds tions on funds made available under this centum of which shall be guaranteed, pursu- appropriated under this heading, not less heading shall not apply to humanitarian pro- ant to the authority of such sections. In ad- than $1,200,000,000 shall be available only for grams or other activities administered by dition, for administrative expenses to carry Israel, which sum shall be available on a nongovernmental organizations: Provided out guaranteed loan programs, $6,000,000, all grant basis as a cash transfer and shall be further, That 30 days after enactment of this of which may be transferred to and merged disbursed within thirty days of enactment of Act, the Secretary of State, in consultation with the appropriation for Operating Ex- this Act or by October 31, 1997, whichever is with the Director of the Federal Bureau of penses of the Agency for International De- later: Provided further, That not less than Investigation, shall report to the Commit- velopment: Provided further, That commit- $815,000,000 shall be available only for Egypt, tees on Appropriations on the results of the ments to guarantee loans under this heading which sum shall be provided on a grant basis, FBI investigation into the bombing attack may be entered into notwithstanding the and of which sum cash transfer assistance in Phnom Penh on March 30, 1997. second and third sentences of section 222(a) may be provided, with the understanding GUATEMALA CLARIFICATION COMMISSION and, with regard to programs for Central and that Egypt will undertake significant eco- Of the funds made available under the Eastern Europe and programs for the benefit nomic reforms which are additional to those headings ‘‘Development Assistance’’and of South Africans disadvantaged by apart- which were undertaken in previous fiscal ‘‘Economic Support Fund’’, not less than heid, section 223(j) of the Foreign Assistance years: Provided further, That in exercising $1,000,000 shall be made available to support Act of 1961. the authority to provide cash transfer assist- the Guatemala Clarification Commission. PRIVATE AND VOLUNTARY ORGANIZATIONS ance for Israel, the President shall ensure that the level of such assistance does not INTERNATIONAL DISASTER ASSISTANCE None of the funds appropriated or other- wise made available by this Act for develop- cause an adverse impact on the total level of For necessary expenses for international ment assistance may be made available to nonmilitary exports from the United States disaster relief, rehabilitation, and recon- any United States private and voluntary or- to such country: Provided further, That of the struction assistance pursuant to section 491 ganization, except any cooperative develop- funds appropriated under this heading, not of the Foreign Assistance Act of 1961, as ment organization, which obtains less than less than $150,000,000 shall be made available amended, $195,000,000, to remain available 20 per centum of its total annual funding for for Jordan: Provided further, That of the until expended. international activities from sources other amount appropriated under this heading, not DEBT RESTRUCTURING than the United States Government: Pro- less than $500,000 shall be available only for For the cost, as defined in section 502 of vided, That the requirements of the provi- the Special Investigative Unit (SIU) of the the Congressional Budget Act of 1974, of sions of section 123(g) of the Foreign Assist- Haitian National Police. modifying direct loans and loan guarantees, ance Act of 1961 and the provisions on pri- ASSISTANCE FOR EASTERN EUROPE AND THE as the President may determine, for which vate and voluntary organizations in title II BALTIC STATES funds have been appropriated or otherwise of the ‘‘Foreign Assistance and Related Pro- (a) For necessary expenses to carry out the made available for programs within the grams Appropriations Act, 1985’’ (as enacted provisions of the Foreign Assistance Act of International Affairs Budget Function 150, in Public Law 98–473) shall be superseded by 1961 and the Support for East European De- including the cost of selling, reducing, or the provisions of this section, except that mocracy (SEED) Act of 1989, $485,000,000, to canceling amounts, through debt buybacks the authority contained in the last sentence remain available until September 30, 1999, and swaps, owed to the United States as a re- of section 123(g) may be exercised by the Ad- which shall be available, notwithstanding sult of concessional loans made to eligible ministrator with regard to the requirements any other provision of law, for economic as- Latin American and Caribbean countries, of this paragraph. sistance and for related programs for East- pursuant to part IV of the Foreign Assist- Funds appropriated or otherwise made ern Europe and the Baltic States. ance Act of 1961, and of modifying available under title II of this Act should be (b) Funds appropriated under this heading concessional loans authorized under title I of made available to private and voluntary or- or in prior appropriations Acts that are or July 17, 1997 CONGRESSIONAL RECORD — SENATE S7637 have been made available for an Enterprise (2) if that Government applies or transfers $25,000,000 shall be available only for com- Fund may be deposited by such Fund in in- United States assistance to any entity for prehensive legal restructuring necessary to terest-bearing accounts prior to the Fund’s the purpose of expropriating or seizing own- support a decentralized market-oriented eco- disbursement of such funds for program pur- ership or control of assets, investments, or nomic system, including the enactment of poses. The Fund may retain for such pro- ventures. all necessary substantive commercial law gram purposes any interest earned on such (3) Funds may be furnished without regard and procedures, the implementation of re- deposits without returning such interest to to this subsection if the President deter- forms necessary to establish an independent the Treasury of the United States and with- mines that to do so is in the national inter- judiciary and bar, the education of judges, out further appropriation by the Congress. est. attorneys, and law students in the com- Funds made available for Enterprise Funds (c) None of the funds appropriated under prehensive commercial law reforms, and pub- shall be expended at the minimum rate nec- this heading shall be made available to any lic education designed to promote under- essary to make timely payment for projects government of the New Independent States standing of commercial law necessary to and activities. of the former Soviet Union if that govern- Ukraine’s economic independence: Provided (c) Funds appropriated under this heading ment directs any action in violation of the further, That of this amount not less than shall be considered to be economic assist- territorial integrity or national sovereignty $8,000,000 shall be made available to support ance under the Foreign Assistance Act of of any other new independent state, such as law enforcement institutions and training, 1961 for purposes of making available the ad- those violations included in the Helsinki not less than $25,000,000 shall be made avail- ministrative authorities contained in that Final Act: Provided, That such funds may be able for nuclear reactor safety programs, and Act for the use of economic assistance. made available without regard to the restric- not less than $5,000,000 shall be made avail- (d) With regard to funds appropriated or tion in this subsection if the President deter- otherwise made available under this heading mines that to do so is in the national secu- able for political party and related institu- for the economic revitalization program in rity interest of the United States: Provided tional development: Provided further, That 50 Bosnia and Herzegovina, and local currencies further, That the restriction of this sub- per centum of the amount made available for generated by such funds (including the con- section shall not apply to the use of such Ukraine by this subsection, exclusive of version of funds appropriated under this funds for the provision of assistance for pur- funds made available in the previous proviso, heading into currency used by Bosnia and poses of humanitarian and refugee relief. shall be withheld from obligation and ex- Herzegovina as local currency and local cur- (d) None of the funds appropriated under penditure until the Secretary of State deter- rency returned or repaid under such pro- this heading for the New Independent States mines and certifies that the Government of gram)— of the former Soviet Union shall be made Ukraine has taken meaningful steps: (1) to (1) the Administrator of the Agency for available for any state to enhance its mili- enforce the April 10, 1997 Anti-Corruption International Development shall provide tary capability: Provided, That this restric- Presidential decree; (2) to privatize state written approval for grants and loans prior tion does not apply to demilitarization or owned agricultural storage, distribution, to the obligation and expenditure of funds nonproliferation programs. equipment and supply monopolies; and (3) to for such purposes, and prior to the use of (e) Funds appropriated under this heading resolve cases involving U.S. business com- funds that have been returned or repaid to shall be subject to the regular notification plaints and establish a permanent legal any lending facility or grantee; and procedures of the Committees on Appropria- mechanism for commercial dispute resolu- (2) the provisions of section 533 of this Act tions. tion: Provided further, That the Secretary shall apply. (f) Funds made available in this Act for as- shall submit such determination and certifi- (e) Funds appropriated under this heading sistance to the New Independent States of cation prior to March 31, 1998. may not be made available for economic re- the former Soviet Union shall be subject to vitalization programs in Bosnia and the provisions of section 117 (relating to en- (k) Of the funds appropriated under this Herzegovina, if the President determines and vironment and natural resources) of the For- heading, not less than $100,000,000 shall be certifies to the Committees on Appropria- eign Assistance Act of 1961. made available for Georgia, of which not less tions that the Federation of Bosnia and (g) Of the funds appropriated under title II than $10,000,000 shall be made available to Herzegovina has not complied with article of this Act, including funds appropriated support energy development and privatiza- III of annex 1–A of the General Framework under this heading, not less than $12,000,000 tion initiatives: Provided, That not less than Agreement for Peace in Bosnia and shall be available only for assistance for $15,000,000 shall be made available for devel- Herzegovina concerning the withdrawal of Mongolia: Provided, That funds made avail- opment of border security telecommuni- foreign forces, and that intelligence coopera- able for assistance for Mongolia may be cations infrastructure: Provided further, That tion on training, investigations, and related made available in accordance with the pur- not less than $7,000,000 shall be available for activities between Iranian officials and poses and utilizing the authorities provided judicial reform and law enforcement train- Bosnian officials has not been terminated. in chapter 11 of part I of the Foreign Assist- ing: Provided further, That not less than ASSISTANCE FOR THE NEW INDEPENDENT ance Act of 1961. $5,000,000 shall be made available to support STATES OF THE FORMER SOVIET UNION (h) Funds made available in this Act for as- training for border and customs control: Pro- (a) For necessary expenses to carry out the sistance to the New Independent States of vided further, That not less than $3,000,000 provisions of chapter 11 of part I of the For- the former Soviet Union shall be provided to shall be made available to support political eign Assistance Act of 1961 and the FREE- the maximum extent feasible through the party and related institutional development: DOM Support Act, for assistance for the New private sector, including small- and medium- Provided further, That not less than $5,000,000 Independent States of the former Soviet size businesses, entrepreneurs, and others shall be available for Supsa urban and com- Union and for related programs, $800,000,000, with indigenous private enterprises in the re- mercial development: Provided further, That to remain available until September 30, 1999: gion, intermediary development organiza- up to $7,000,000 may be made available for Provided, That the provisions of such chapter tions committed to private enterprise, and business and education exchanges and relat- shall apply to funds appropriated by this private voluntary organizations: Provided, ed activities. paragraph: Provided further, That up to That grantees and contractors should, to the $22,000,000 made available under this heading maximum extent possible, place in key staff (l) Of the funds made available under this may be transferred to the Export Import positions specialists with prior on the heading, not less than $95,000,000 shall be Bank of the United States, and up to ground expertise in the region of activity made available for Armenia. $8,000,000 of the funds made available under and fluency in one of the local languages. (m) Funds appropriated under this heading this heading may be transferred to the Micro (i) In issuing new task orders, entering or in prior appropriations Acts that are or and Small Enterprise Development Program, into contracts, or making grants, with funds have been made available for an Enterprise to be used for the cost of direct loans and appropriated under this heading or in prior Fund may be deposited by such Fund in in- loan guarantees for the furtherance of pro- appropriations Acts, for projects or activi- terest-bearing accounts prior to the dis- grams under this heading: Provided further, ties that have as one of their primary pur- bursement of such funds by the Fund for pro- That such costs, including the cost of modi- poses the fostering of private sector develop- gram purposes. The Fund may retain for fying such loans, shall be as defined in sec- ment, the Coordinator for United States As- such program purposes any interest earned tion 502 of the Congressional Budget Act of sistance to the New Independent States and on such deposits without returning such in- 1974. the implementing agency shall encourage terest to the Treasury of the United States (b) None of the funds appropriated under the participation of and give significant and without further appropriation by the this heading shall be made available to a weight to contractors and grantees who pro- Congress. Funds made available for Enter- Government of the New Independent States pose investing a significant amount of their prise Funds shall be expended at the mini- of the former Soviet Union— own resources (including volunteer services mum rate necessary to make timely pay- (1) unless that Government is making and in-kind contributions) in such projects ment for projects and activities. progress in implementing comprehensive and activities. economic reforms based on market prin- (j) Of the funds appropriated under this (n) None of the funds appropriated under ciples, private ownership, negotiating repay- heading, not less than $225,000,000 shall be this heading may be made available for Rus- ment of commercial debt, respect for com- made available for Ukraine: Provided, That sia unless the President determines and cer- mercial contracts, and equitable treatment of the funds made available for Ukraine tifies in writing to the Committees on Ap- of foreign private investment; and under this subsection, not less than propriations that the Government of Russia S7638 CONGRESSIONAL RECORD — SENATE July 17, 1997 has terminated implementation of arrange- funds not less than $10,000,000 shall be made $15,000,000, to remain available until ex- ments to provide Iran with technical exper- available for Law Enforcement Training and pended, may be made available for the Non- tise, training, technology, or equipment nec- Demand Reduction: Provided further, That proliferation and Disarmament Fund, not- essary to develop a nuclear reactor or ballis- not less than $22,000,000 shall be made avail- withstanding any other provision of law, to tic missiles or related nuclear research fa- able for anti-crime programs: Provided fur- promote bilateral and multilateral activities cilities or programs. ther, That none of the funds appropriated relating to nonproliferation and disar- (o) Of the funds appropriated under this under this heading that are made available mament: Provided further, That such funds heading, not less than $10,000,000 shall be for counter-narcotics activities may be obli- may also be used for such countries other made available for a United States contribu- gated or expended until the Secretary of than the New Independent States of the tion to the Trans-Caucasus Enterprise Fund: State submits a report to the Committees on former Soviet Union and international orga- Provided, That to further the development of Appropriations containing: (1) a list of all nizations when it is in the national security the private sector in the Trans-Caucasus, countries in which the United States carries interest of the United States to do so: Pro- such amount may be invested in a Trans- out international counter-narcotics activi- vided further, That such funds shall be sub- Caucasus Enterprise Fund or invested in ties; (2) the number, mission and agency af- ject to the regular notification procedures of other funds established by public or private filiation of U.S. personnel assigned to each the Committees on Appropriations: Provided organizations, or transferred to the Overseas such country; and (3) all costs and expenses further, That funds appropriated under this Private Investment Corporation to be avail- obligated for each program, project or activ- heading may be made available for the Inter- able, subject to the requirements of the Fed- ity by each U.S. agency in each country: Pro- national Atomic Energy Agency only if the Secretary of State determines (and so re- eral Credit Reform Act, to subsidize the vided further, That of this amount not to ex- ports to the Congress) that Israel is not costs of direct and guaranteed loans. ceed $5,000,000 shall be allocated to operate being denied its right to participate in the (p) Funds made available under this Act or the Western Hemisphere International Law activities of that Agency: Provided further, any other Act may not be provided for as- Enforcement Academy under the auspices of That not to exceed $30,000,000 may be made sistance to the Government of Azerbaijan the Organization of American States with available to the Korean Peninsula Energy until the President determines, and so re- full oversight by the Department of State: Development Organization (KEDO) only for ports to the Congress, that the Government Provided further, That funds appropriated the administrative expenses and heavy fuel of Azerbaijan is taking demonstrable steps under this heading shall be provided subject oil costs associated with the Agreed Frame- to cease all blockades and other offensive to the regular notification procedures of the work: Provided further, That such funds may uses of force against Armenia and Nagorno- Committees on Appropriations. be obligated to KEDO only if, thirty days Karabakh: Provided, That the restriction of MIGRATION AND REFUGEE ASSISTANCE prior to such obligation of funds, the Presi- this subsection and section 907 of the FREE- For expenses, not otherwise provided for, dent certifies and so reports to Congress DOM Support Act shall not apply to— necessary to enable the Secretary of State to that: (1)(A) the parties to the Agreed Frame- (1) activities to support electoral and polit- provide, as authorized by law, a contribution work are taking steps to assure that progress ical reforms or assistance under title V of to the International Committee of the Red is made on the implementation of the Janu- the FREEDOM Support Act and section 1424 Cross, assistance to refugees, including con- ary 1, 1992, Joint Declaration on the of the ‘‘National Defense Authorization Act tributions to the International Organization Denuclearization of the Korean Peninsula for Fiscal Year 1997’’; for Migration and the United Nations High and the implementation of the North-South (2) any insurance, reinsurance, guarantee, Commissioner for Refugees, and other activi- dialogue, and (B) North Korea is complying or other assistance provided by the Overseas ties to meet refugee and migration needs; with the other provisions of the Agreed Private Investment Corporation under title salaries and expenses of personnel and de- Framework between North Korea and the IV of chapter 2 of part I of the Foreign As- pendents as authorized by the Foreign Serv- United States and with the Confidential sistance Act of 1961 (22 U.S.C. 2191 et seq.); ice Act of 1980; allowances as authorized by Minute; (2) North Korea is cooperating fully (3) any assistance provided by the Trade in the canning and safe storage of all spent sections 5921 through 5925 of title 5, United and Development Agency under section 661 fuel from its graphite-moderated nuclear re- States Code; purchase and hire of passenger of the Foreign Assistance Act of 1961 (22 actors and that such canning and safe stor- motor vehicles; and services as authorized by U.S.C. 2421); age is scheduled to be completed by the end section 3109 of title 5, United States Code, (4) any financing provided under the Ex- of fiscal year 1997; and (3) North Korea has $650,000,000: Provided, That not more than port-Import Bank Act of 1945 (12 U.S.C. 635 et not significantly diverted assistance pro- $12,000,000 shall be available for administra- seq.); or vided by the United States for purposes for tive expenses: Provided further, That not less (5) any activity carried out by a member of which it was not intended: Provided further, than $80,000,000 shall be made available for the Foreign Commercial Service while act- That the President may waive the certifi- refugees from the former Soviet Union and ing within his or her official capacity. cation requirements of the preceding proviso Eastern Europe and other refugees resettling (q) None of the funds appropriated under if the President determines that it is vital to in Israel. this heading or in prior appropriations legis- the national security interests of the United lation may be made available to establish a UNITED STATES EMERGENCY REFUGEE AND States: Provided further, That no funds may joint public-private entity or organization MIGRATION ASSISTANCE FUND be obligated for KEDO until 30 days after engaged in the management of activities or For necessary expenses to carry out the submission to Congress of the waiver per- projects supported by the Defense Enterprise provisions of section 2(c) of the Migration mitted under the preceding proviso: Provided Fund. and Refugee Assistance Act of 1962, as further, That the obligation of any funds for (r) 60 days after the date of enactment of amended (22 U.S.C. 260(c)), $50,000,000, to re- KEDO shall be subject to the regular notifi- this Act, the Administrator of AID shall re- main available until expended: Provided, cation procedures of the Committees on Ap- port to the Committees on Appropriations on That the funds made available under this propriations: Provided further, That the Sec- the rate of obligation and risk and antici- heading are appropriated notwithstanding retary of State shall submit to the appro- pated returns associated with commitments the provisions contained in section 2(c)(2) of priate congressional committees an annual made by the United States-Russia Invest- the Migration and Refugee Assistance Act of report (to be submitted with the annual pres- ment Fund. The report shall include a rec- 1962 which would limit the amount of funds entation for appropriations) providing a full ommendation on the continued relevance which could be appropriated for this purpose. and detailed accounting of the fiscal year re- quest for the United States contribution to and advisability of the initial planned life of NONPROLIFERATION, ANTI-TERRORISM, project commitment. KEDO, the expected operating budget of the DEMINING AND RELATED PROGRAMS Korean Peninsula Energy Development Orga- INDEPENDENT AGENCY For necessary expenses for nonprolifera- nization, to include unpaid debt, proposed PEACE CORPS tion, anti-terrorism and related programs annual costs associated with heavy fuel oil For expenses necessary to carry out the and activities, $129,000,000, to carry out the purchases, and the amount of funds pledged provisions of the Peace Corps Act (75 Stat. provisions of chapter 8 of part II of the For- by other donor nations and organizations to 612), $206,000,000, including the purchase of eign Assistance Act of 1961 for anti-terrorism support KEDO activities on a per country not to exceed five passenger motor vehicles assistance, section 504 of the FREEDOM Sup- basis, and other related activities: Provided for administrative purposes for use outside port Act for the Nonproliferation and Disar- further, That of the funds made available of the United States: Provided, That none of mament Fund, section 23 of the Arms Export under this heading, up to $14,000,000 may be the funds appropriated under this heading Control Act or the Foreign Assistance Act of made available to the Korean Peninsula Eco- shall be used to pay for abortions: Provided 1961 for demining activities, notwithstanding nomic Development Organization (KEDO), in further, That funds appropriated under this any other provision of law, including activi- addition to funds otherwise made available heading shall remain available until Septem- ties implemented through nongovernmental under this heading for KEDO, if the Sec- ber 30, 1999. and international organizations, section 301 retary of State certifies and reports to the of the Foreign Assistance Act of 1961 for a Committees on Appropriations that, except DEPARTMENT OF STATE voluntary contribution to the International for the funds made available under this pro- INTERNATIONAL NARCOTICS CONTROL Atomic Energy Agency (IAEA) and a vol- viso, funds sufficient to cover all outstand- For necessary expenses to carry out sec- untary contribution to the Korean Peninsula ing debts owed by KEDO for heavy fuel oil tion 481 of the Foreign Assistance Act of Energy Development Organization (KEDO): have been provided to KEDO: Provided fur- 1961, $216,200,000: Provided, That of these Provided, That of this amount not to exceed ther, That the additional $14,000,000 made July 17, 1997 CONGRESSIONAL RECORD — SENATE S7639 available to KEDO under this heading may a total of $8,000,000 shall be available for as- to the Committees on Appropriations on the not be obligated or expended until the Sec- sistance to Estonia, Latvia, and Lithuania: status of efforts to retain a new Director retary of State certifies and reports to Con- Provided further, That funds appropriated General of that organization. gress that North Korea has not violated the under this paragraph shall be made available TITLE IV—MULTILATERAL ECONOMIC Military Armistice Agreement of 1953 during for Greece and Turkey only on a loan basis, ASSISTANCE the preceding nine months. and the principal amount of direct loans for FUNDS APPROPRIATED TO THE PRESIDENT each country shall not exceed the following: TITLE III—MILITARY ASSISTANCE INTERNATIONAL FINANCIAL INSTITUTIONS $122,500,000 only for Greece and $175,000,000 FUNDS APPROPRIATED TO THE PRESIDENT only for Turkey. CONTRIBUTION TO THE INTERNATIONAL BANK INTERNATIONAL MILITARY EDUCATION AND None of the funds made available under FOR RECONSTRUCTION AND DEVELOPMENT TRAINING this heading shall be available to finance the For payment to the International Bank for For necessary expenses to carry out the procurement of defense articles, defense Reconstruction and Development by the Sec- provisions of section 541 of the Foreign As- services, or design and construction services retary of the Treasury, for the United States sistance Act of 1961, $47,000,000: Provided, that are not sold by the United States Gov- contribution to the Global Environment Fa- That none of the funds appropriated under ernment under the Arms Export Control Act cility (GEF), $60,000,000, to remain available this heading shall be available for Guate- unless the foreign country proposing to until September 30, 1999. mala: Provided further, That the civilian per- make such procurements has first signed an CONTRIBUTION TO THE INTERNATIONAL sonnel for whom military education and agreement with the United States Govern- DEVELOPMENT ASSOCIATION training may be provided under this heading ment specifying the conditions under which For payment to the International Develop- may include civilians who are not members such procurements may be financed with ment Association by the Secretary of the of a government whose participation would such funds: Provided, That all country and Treasury, $1,034,500,000, to remain available contribute to improved civil-military rela- funding level increases in allocations shall until expended, of which $234,500,000 shall be tions, civilian control of the military, or re- be submitted through the regular notifica- available to pay for the tenth replenishment: spect for human rights. tion procedures of section 515 of this Act: Provided, That none of the funds may be obli- FOREIGN MILITARY FINANCING PROGRAM Provided further, That none of the funds ap- gated or made available until the Secretary For expenses necessary for grants to en- propriated under this heading shall be avail- of the Treasury certifies to the Committees able the President to carry out the provi- able for Sudan, Liberia, and Guatemala: Pro- on Appropriations that all procurement re- sions of section 23 of the Arms Export Con- vided further, That funds made available strictions imposed by the Interim Trust trol Act, $3,308,950,000: Provided, That of the under this heading may be used, notwith- Fund have been lifted and that the balance funds appropriated under this heading, not standing any other provision of law, for ac- available for open competition in such Fund less than $1,800,000,000 shall be available for tivities related to the clearance of landmines approximates $1,000,000,000. and unexploded ordnance, and may include grants only for Israel, and not less than CONTRIBUTION TO THE INTER-AMERICAN activities implemented through nongovern- $1,300,000,000 shall be made available for DEVELOPMENT BANK grants only for Egypt: Provided further, That mental and international organizations: Pro- vided further, That only those countries for For payment to the Inter-American Devel- the funds appropriated by this paragraph for opment Bank by the Secretary of the Treas- Israel shall be disbursed within thirty days which assistance was justified for the ‘‘For- eign Military Sales Financing Program’’ in ury, for the United States share of the paid- of enactment of this Act or by October 31, in share portion of the increase in capital 1997, whichever is later: Provided further, the fiscal year 1989 congressional presen- tation for security assistance programs may stock, $25,610,667, and for the United States That to the extent that the Government of share of the increase in the resources of the Israel requests that funds be used for such utilize funds made available under this head- ing for procurement of defense articles, de- Fund for Special Operations, $20,835,000, to purposes, grants made available for Israel by remain available until expended. this paragraph may, as agreed by Israel and fense services or design and construction LIMITATION ON CALLABLE CAPITAL the United States, be available for advanced services that are not sold by the United SUBSCRIPTIONS weapons systems, of which not less than States Government under the Arms Export $475,000,000 shall be available for the procure- Control Act: Provided further, That, subject The United States Governor of the Inter- ment in Israel of defense articles and defense to the regular notification procedures of the American Development Bank may subscribe services, including research and develop- Committees on Appropriations, funds made without fiscal year limitation to the callable ment: Provided further, That of the funds ap- available under this heading for the cost of capital portion of the United States share of propriated by this paragraph, not less than direct loans may also be used to supplement such capital stock in an amount not to ex- $100,000,000 shall be available for assistance the funds available under this heading for ceed $1,503,718,910. for Jordan: Provided further, That of the grants, and funds made available under this CONTRIBUTION TO THE ENTERPRISE FOR THE funds appropriated by this paragraph, a total heading for grants may also be used to sup- AMERICAS MULTILATERAL INVESTMENT FUND of $12,000,000 shall be available for assistance plement the funds available under this head- For payment to the Enterprise for the for Estonia, Latvia, and Lithuania: Provided ing for the cost of direct loans: Provided fur- Americas Multilateral Investment Fund by further, That funds appropriated by this ther, That funds appropriated under this the Secretary of the Treasury, for the United paragraph shall be nonrepayable notwith- heading shall be expended at the minimum States contribution to the Fund to be admin- standing any requirement in section 23 of the rate necessary to make timely payment for istered by the Inter-American Development Arms Export Control Act: Provided further, defense articles and services: Provided fur- Bank, $30,000,000 to remain available until That funds made available under this para- ther, That not more than $23,250,000 of the expended, which shall be available for con- graph shall be obligated upon apportionment funds appropriated under this heading may tributions previously due. be obligated for necessary expenses, includ- in accordance with paragraph (5)(C) of title CONTRIBUTION TO THE ASIAN DEVELOPMENT ing the purchase of passenger motor vehicles 31, United States Code, section 1501(a): Pro- BANK vided further, That $60,000,000 of the funds ap- for replacement only for use outside of the United States, for the general costs of ad- For payment to the Asian Development propriated or otherwise made available Bank by the Secretary of the Treasury for under this heading shall be made available ministering military assistance and sales: Provided further, That not more than the United States share of the paid-in por- for the purpose of facilitating the integra- tion of the increase in capital stock, tion of Poland, Hungary, and the Czech Re- $355,000,000 of funds realized pursuant to sec- tion 21(e)(1)(A) of the Arms Export Control $13,221,596, to remain available until ex- public into the North Atlantic Treaty Orga- pended. nization: Provided further, That, to carry out Act may be obligated for expenses incurred LIMITATION ON CALLABLE CAPITAL funding the previous proviso, all or part of by the Department of Defense during fiscal SUBSCRIPTIONS the $60,000,000 may be derived by transfer, year 1998 pursuant to section 43(b) of the notwithstanding any other provision of law, Arms Export Control Act, except that this The United States Governor of the Asian from titles I, II, III, and IV of this Act. limitation may be exceeded only through the Development Bank may subscribe without For the cost, as defined in section 502 of regular notification procedures of the Com- fiscal year limitation to the callable capital the Congressional Budget Act of 1974, of di- mittees on Appropriations. portion of the United States share of such rect loans authorized by section 23 of the PEACEKEEPING OPERATIONS capital stock in an amount not to exceed Arms Export Control Act as follows: cost of For necessary expenses to carry out the $647,858,204. direct loans, $74,000,000: Provided, That these provisions of section 551 of the Foreign As- CONTRIBUTION TO THE ASIAN DEVELOPMENT funds are available to subsidize gross obliga- sistance Act of 1961, $75,000,000: Provided, FUND tions for the principal amount of direct loans That none of the funds appropriated under For the United States contribution by the of not to exceed $759,500,000: Provided further, this heading shall be obligated or expended Secretary of the Treasury to the increases in That the rate of interest charged on such except as provided through the regular noti- resources of the Asian Development Fund, as loans shall be not less than the current aver- fication procedures of the Committees on authorized by the Asian Development Bank age market yield on outstanding marketable Appropriations: Provided further, That none Act, as amended (Public Law 89–369), obligations of the United States of com- of the funds made available under this head- $150,000,000, of which $50,000,000 shall be parable maturities: Provided further, That of ing for the Multilateral Force and Observers available for contributions previously due, to the funds appropriated under this paragraph, until the Secretary of State submits a report remain available until expended. S7640 CONGRESSIONAL RECORD — SENATE July 17, 1997

CONTRIBUTION TO THE EUROPEAN BANK FOR other funds: Provided further, That none of $5,000 shall be for entertainment expenses of RECONSTRUCTION AND DEVELOPMENT the funds appropriated under this heading the Agency for International Development For payment to the European Bank for Re- may be made available to the Korean Penin- during the current fiscal year. construction and Development by the Sec- sula Energy Development Organization LIMITATION ON REPRESENTATIONAL retary of the Treasury, $35,778,717, for the (KEDO) or the International Atomic Energy ALLOWANCES Agency (IAEA). United States share of the paid-in portion of SEC. 505. Of the funds appropriated or made the increase in capital stock, to remain AUTHORIZATION REQUIREMENT FOR available pursuant to this Act, not to exceed available until expended. INTERNATIONAL FINANCIAL INSTITUTIONS $95,000 shall be available for representation LIMITATION ON CALLABLE CAPITAL (a) The Secretary of the Treasury may, to allowances for the Agency for International SUBSCRIPTIONS fulfill commitments of the United States: (1) Development during the current fiscal year: The United States Governor of the Euro- effect the United States participation in the Provided, That appropriate steps shall be pean Bank for Reconstruction and Develop- first general capital increase of the Euro- taken to assure that, to the maximum ex- ment may subscribe without fiscal year limi- pean Bank for Reconstruction and Develop- tent possible, United States-owned foreign tation to the callable capital portion of the ment, subscribe to and make payment for currencies are utilized in lieu of dollars: Pro- United States share of such capital stock in 100,000 additional shares of the capital stock vided further, That of the funds made avail- an amount not to exceed $123,237,803. of the Bank on behalf of the United States; able by this Act for general costs of admin- and (2) contribute on behalf of the United NORTH AMERICAN DEVELOPMENT BANK istering military assistance and sales under States to the eleventh replenishment of the the heading ‘‘Foreign Military Financing For payment to the North American Devel- resources of the International Development Program’’, not to exceed $2,000 shall be avail- opment Bank by the Secretary of the Treas- Association, to the sixth replenishment of able for entertainment expenses and not to ury, for the United States share of the paid- the resources of the Asian Development exceed $50,000 shall be available for represen- in portion of the capital stock, $56,500,000, to Fund, a special fund of the Asian Develop- tation allowances: Provided further, That of remain available until expended: Provided, ment Bank. The following amounts are au- the funds made available by this Act under That none of the funds appropriated under thorized to be appropriated without fiscal the heading ‘‘International Military Edu- this heading that are made available for the year limitation for payment by the Sec- cation and Training’’, not to exceed $50,000 Community Adjustment and Investment retary of the Treasury: (1) $285,772,500 for shall be available for entertainment allow- Program shall be used for purposes other paid-in capital, and $984,327,500 for callable ances: Provided further, That of the funds than those set out in the binational agree- capital of the European Bank for Recon- made available by this Act for the Inter- ment establishing the Bank. struction and Development; (2) $1,600,000,000 American Foundation, not to exceed $2,000 LIMITATION ON CALLABLE CAPITAL for the International Development Associa- shall be available for entertainment and rep- SUBSCRIPTIONS tion; (3) $400,000,000 for the Asian Develop- resentation allowances: Provided further, The United States Governor of the North ment Fund; and (4) $76,832,001 for paid-in cap- That of the funds made available by this Act American Development Bank may subscribe ital, and $4,511,156,729 for callable capital of for the Peace Corps, not to exceed a total of without fiscal year limitation to the callable the Inter-American Development Bank in $4,000 shall be available for entertainment capital portion of the United States share of connection with the eighth general increase expenses: Provided further, That of the funds the capital stock of the North American De- in the resources of that Bank. Each such sub- made available by this Act under the head- velopment Bank in an amount not to exceed scription or contribution shall be subject to ing ‘‘Trade and Development Agency’’, not $318,750,000. obtaining the necessary appropriations. to exceed $2,000 shall be available for rep- (b) The authorizations under this section INTERNATIONAL MONETARY PROGRAMS resentation and entertainment allowances. are subject to the Senate Foreign Relations LOANS TO INTERNATIONAL MONETARY FUND Committee reporting out an authorization PROHIBITION ON FINANCING NUCLEAR GOODS For loans to the International Monetary bill. SEC. 506. None of the funds appropriated or Fund under the New Arrangements to Bor- TITLE V—GENERAL PROVISIONS made available (other than funds for ‘‘Non- row, the dollar equivalent of 2,462,000,000 proliferation, Antiterrorism, Demining and ENTERPRISE FUND RESTRICTIONS Special Drawing Rights, to remain available Related Programs’’) pursuant to this Act, for SEC. 501. Section 201(l) of the Support for until expended; in addition, up to the dollar carrying out the Foreign Assistance Act of East European Democracy Act (22 U.S.C. equivalent of 4,250,000,000 Special Drawing 1961, may be used, except for purposes of nu- 5421(l)) is amended to read as follows: Rights previously appropriated by the Act of clear safety, to finance the export of nuclear ‘‘(l) LIMITATION ON PAYMENTS TO ENTER- November 30, 1983 (Public Law 98–181), and equipment, fuel, or technology. PRISE FUND PERSONNEL.— the Act of October 23, 1962 (Public Law 87– ‘‘(1) No part of the funds of an Enterprise PROHIBITION AGAINST DIRECT FUNDING FOR 872), for the General Arrangements to Bor- Fund shall inure to the benefit of any board CERTAIN COUNTRIES row, may also be used for the New Arrange- member, officer, or employee of such Enter- SEC. 507. None of the funds appropriated or ments to Borrow. Notwithstanding any other prise Fund, except as salary or reasonable otherwise made available pursuant to this provision of law, none of the funds appro- compensation for services subject to para- Act shall be obligated or expended to finance priated under this heading may be made graph (2). directly any assistance or reparations to available until the relevant Committees of ‘‘(2) An Enterprise Fund shall not pay com- Cuba, Iraq, Libya, North Korea, Iran, Sudan, Congress have reviewed the new arrange- pensation for services to— or Syria: Provided, That for purposes of this ments for borrowing by the International ‘‘(A) any board member of the Enterprise section, the prohibition on obligations or ex- Monetary Fund provided for under this head- Fund, except for services as a board member; penditures shall include direct loans, credits, ing and authorizing legislation for such bor- or insurance and guarantees of the Export-Im- rowing has been enacted. ‘‘(B) any firm, association, or entity in port Bank or its agents. INTERNATIONAL ORGANIZATIONS AND which a board member of the Enterprise MILITARY COUPS PROGRAMS Fund serves as partner, director, officer, or SEC. 508. None of the funds appropriated or For necessary expenses to carry out the employee. otherwise made available pursuant to this provisions of section 301 of the Foreign As- ‘‘(3) Nothing in paragraph (2) shall preclude Act shall be obligated or expended to finance sistance Act of 1961, and of section 2 of the payment for services performed before the directly any assistance to any country whose United Nations Environment Program Par- date of enactment of this subsection.’’. duly elected Head of Government is deposed ticipation Act of 1973, $277,000,000: Provided, PROHIBITION OF BILATERAL FUNDING FOR by military coup or decree: Provided, That That none of the funds appropriated under INTERNATIONAL FINANCIAL INSTITUTIONS assistance may be resumed to such country this heading shall be made available for the SEC. 502. None of the funds contained in if the President determines and reports to United Nations Fund for Science and Tech- title II of this Act may be used to carry out the Committees on Appropriations that sub- nology: Provided further, That not less than the provisions of section 209(d) of the For- sequent to the termination of assistance a $5,000,000 shall be made available to the eign Assistance Act of 1961. democratically elected government has World Food Program: Provided further, That LIMITATION ON RESIDENCE EXPENSES taken office. none of the funds appropriated under this heading that are made available to the Unit- SEC. 503. Of the funds appropriated or made TRANSFERS BETWEEN ACCOUNTS ed Nations Population Fund (UNFPA) shall available pursuant to this Act, not to exceed SEC. 509. None of the funds made available be made available for activities in the Peo- $126,500 shall be for official residence ex- by this Act may be obligated under an appro- ple’s Republic of China: Provided further, penses of the Agency for International De- priation account to which they were not ap- That not more than $25,000,000 of the funds velopment during the current fiscal year: propriated, except for transfers specifically appropriated under this heading may be Provided, That appropriate steps shall be provided for in this Act, unless the Presi- made available to the UNFPA: Provided fur- taken to assure that, to the maximum ex- dent, prior to the exercise of any authority ther, That with respect to any funds appro- tent possible, United States-owned foreign contained in the Foreign Assistance Act of priated under this heading that are made currencies are utilized in lieu of dollars. 1961 to transfer funds, consults with and pro- available to UNFPA, UNFPA shall be re- LIMITATION ON EXPENSES vides a written policy justification to the quired to maintain such funds in a separate SEC. 504. Of the funds appropriated or made Committees on Appropriations of the House account and not commingle them with any available pursuant to this Act, not to exceed of Representatives and the Senate. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7641

DEOBLIGATION/REOBLIGATION AUTHORITY Private Investment Corporation shall be ob- previously notified fifteen days in advance: SEC. 510. (a) Amounts certified pursuant to ligated or expended to finance any loan, any Provided, That the President shall not enter section 1311 of the Supplemental Appropria- assistance or any other financial commit- into any commitment of funds appropriated tions Act, 1955, as having been obligated ments for establishing or expanding produc- for the purposes of section 23 of the Arms Ex- against appropriations heretofore made tion of any commodity for export by any port Control Act for the provision of major under the authority of the Foreign Assist- country other than the United States, if the defense equipment, other than conventional ance Act of 1961 for the same general purpose commodity is likely to be in surplus on ammunition, or other major defense items as any of the headings under title II of this world markets at the time the resulting pro- defined to be aircraft, ships, missiles, or Act are, if deobligated, hereby continued ductive capacity is expected to become oper- combat vehicles, not previously justified to available for the same period as the respec- ative and if the assistance will cause sub- Congress or 20 per centum in excess of the tive appropriations under such headings or stantial injury to United States producers of quantities justified to Congress unless the until September 30, 1998, whichever is later, the same, similar, or competing commodity. Committees on Appropriations are notified and for the same general purpose, and for (b) None of the funds appropriated by this fifteen days in advance of such commitment: countries within the same region as origi- or any other Act to carry out chapter 1 of Provided further, That this section shall not part I of the Foreign Assistance Act of 1961 nally obligated: Provided, That the Appro- apply to any reprogramming for an activity, shall be available for any testing or breeding priations Committees of both Houses of the program, or project under chapter 1 of part I feasibility study, variety improvement or in- Congress are notified fifteen days in advance of the Foreign Assistance Act of 1961 of less troduction, consultancy, publication, con- of the reobligation of such funds in accord- than 10 per centum of the amount previously ference, or training in connection with the ance with regular notification procedures of justified to the Congress for obligation for growth or production in a foreign country of the Committees on Appropriations. such activity, program, or project for the an agricultural commodity for export which (b) Obligated balances of funds appro- current fiscal year: Provided further, That the would compete with a similar commodity priated to carry out section 23 of the Arms requirements of this section or any similar grown or produced in the United States: Pro- Export Control Act as of the end of the fiscal provision of this Act or any other Act, in- vided, That this subsection shall not pro- year immediately preceding the current fis- cluding any prior Act requiring notification hibit— cal year are, if deobligated, hereby continued in accordance with the regular notification (1) activities designed to increase food se- available during the current fiscal year for procedures of the Committees on Appropria- curity in developing countries where such the same purpose under any authority appli- tions, may be waived if failure to do so would activities will not have a significant impact cable to such appropriations under this Act: pose a substantial risk to human health or in the export of agricultural commodities of Provided, That the authority of this sub- welfare: Provided further, That in case of any the United States; or section may not be used in fiscal year 1998. such waiver, notification to the Congress, or (2) research activities intended primarily the appropriate congressional committees, AVAILABILITY OF FUNDS to benefit American producers. shall be provided as early as practicable, but SEC. 511. No part of any appropriation con- SURPLUS COMMODITIES in no event later than three days after tak- tained in this Act shall remain available for SEC. 514. The Secretary of the Treasury ing the action to which such notification re- obligation after the expiration of the current shall instruct the United States Executive quirement was applicable, in the context of fiscal year unless expressly so provided in Directors of the International Bank for Re- the circumstances necessitating such waiver: this Act: Provided, That funds appropriated construction and Development, the Inter- Provided further, That any notification pro- for the purposes of chapters 1, 8, and 11 of national Development Association, the vided pursuant to such a waiver shall con- part I, section 667, and chapter 4 of part II of International Finance Corporation, the tain an explanation of the emergency cir- the Foreign Assistance Act of 1961, as Inter-American Development Bank, the cumstances. amended, and funds provided under the head- International Monetary Fund, the Asian De- Drawdowns made pursuant to section ing ‘‘Assistance for Eastern Europe and the velopment Bank, the Inter-American Invest- 506(a)(2) of the Foreign Assistance Act of 1961 Baltic States’’, shall remain available until ment Corporation, the North American De- shall be subject to the regular notification expended if such funds are initially obligated velopment Bank, the European Bank for Re- procedures of the Committees on Appropria- before the expiration of their respective peri- construction and Development, the African tions. ods of availability contained in this Act: Pro- Development Bank, and the African Develop- LIMITATION ON AVAILABILITY OF FUNDS FOR vided further, That, notwithstanding any ment Fund to use the voice and vote of the INTERNATIONAL ORGANIZATIONS AND PROGRAMS other provision of this Act, any funds made United States to oppose any assistance by SEC. 516. Notwithstanding any other provi- available for the purposes of chapter 1 of these institutions, using funds appropriated sion of law or of this Act, none of the funds part I and chapter 4 of part II of the Foreign or made available pursuant to this Act, for provided for ‘‘International Organizations Assistance Act of 1961 which are allocated or the production or extraction of any commod- and Programs’’ shall be available for the obligated for cash disbursements in order to ity or mineral for export, if it is in surplus United States proportionate share, in ac- address balance of payments or economic on world markets and if the assistance will cordance with section 307(c) of the Foreign policy reform objectives, shall remain avail- cause substantial injury to United States Assistance Act of 1961, for any programs able until expended: Provided further, That producers of the same, similar, or competing identified in section 307, or for Libya, Iran, the report required by section 653(a) of the commodity. or, at the discretion of the President, Com- Foreign Assistance Act of 1961 shall des- munist countries listed in section 620(f) of ignate for each country, to the extent known NOTIFICATION REQUIREMENTS the Foreign Assistance Act of 1961, as at the time of submission of such report, SEC. 515. For the purpose of providing the amended: Provided, That, subject to the regu- those funds allocated for cash disbursement Executive Branch with the necessary admin- lar notification procedures of the Commit- for balance of payment and economic policy istrative flexibility, none of the funds made tees on Appropriations, funds appropriated reform purposes. available under this Act for ‘‘Development Assistance’’, ‘‘Debt restructuring’’, ‘‘Inter- under this Act or any previously enacted Act LIMITATION ON ASSISTANCE TO COUNTRIES IN national organizations and programs’’, making appropriations for foreign oper- DEFAULT ‘‘Trade and Development Agency’’, ‘‘Inter- ations, export financing, and related pro- SEC. 512. No part of any appropriation con- national narcotics control’’, ‘‘Assistance for grams, which are returned or not made avail- tained in this Act shall be used to furnish as- Eastern Europe and the Baltic States’’, ‘‘As- able for organizations and programs because sistance to any country which is in default sistance for the New Independent States of of the implementation of this section or any during a period in excess of one calendar the Former Soviet Union’’, ‘‘Economic Sup- similar provision of law, shall remain avail- year in payment to the United States of port Fund’’, ‘‘Peacekeeping operations’’, able for obligation through September 30, principal or interest on any loan made to ‘‘Operating expenses of the Agency for Inter- 1999. such country by the United States pursuant national Development’’, ‘‘Operating expenses ECONOMIC SUPPORT FUND ASSISTANCE FOR to a program for which funds are appro- of the Agency for International Development ISRAEL priated under this Act: Provided, That this Office of Inspector General’’, ‘‘Nonprolifera- SEC. 517. The Congress finds that progress section and section 620(q) of the Foreign As- tion, anti-terrorism, demining and related on the peace process in the Middle East is vi- sistance Act of 1961 shall not apply to funds programs’’, ‘‘Foreign Military Financing tally important to United States security in- made available in this Act or during the cur- Program’’, ‘‘International military edu- terests in the region. The Congress recog- rent fiscal year for Nicaragua, and for any cation and training’’, ‘‘Inter-American Foun- nizes that, in fulfilling its obligations, Israel narcotics-related assistance for Colombia, dation’’, ‘‘African Development Founda- has incurred severe economic burdens. Fur- Bolivia, and Peru authorized by the Foreign tion’’, ‘‘Peace Corps’’, ‘‘Migration and refu- thermore, the Congress recognizes that an Assistance Act of 1961 or the Arms Export gee assistance’’, shall be available for obliga- economically and militarily secure Israel Control Act. tion for activities, programs, projects, type serves the security interests of the United COMMERCE AND TRADE of materiel assistance, countries, or other States, for a secure Israel is an Israel which SEC. 513. (a) None of the funds appropriated operations not justified or in excess of the has the incentive and confidence to continue or made available pursuant to this Act for amount justified to the Appropriations Com- pursuing the peace process. Therefore, the direct assistance and none of the funds oth- mittees for obligation under any of these Congress declares that, subject to the avail- erwise made available pursuant to this Act specific headings unless the Appropriations ability of appropriations, it is the policy and to the Export-Import Bank and the Overseas Committees of both Houses of Congress are the intention of the United States that the S7642 CONGRESSIONAL RECORD — SENATE July 17, 1997 funds provided in annual appropriations for shall include all Appropriations and Author- standing section 10 of Public Law 91–672 and the Economic Support Fund which are allo- izations Acts earmarks, ceilings, and limita- section 15 of the State Department Basic Au- cated to Israel shall not be less than the an- tions with the exception that for the follow- thorities Act of 1956. nual debt repayment (interest and principal) ing accounts: Economic Support Fund and PROHIBITION ON BILATERAL ASSISTANCE TO from Israel to the United States Government Foreign Military Financing Program, ‘‘pro- TERRORIST COUNTRIES in recognition that such a principle serves gram, project, and activity’’ shall also be United States interests in the region. considered to include country, regional, and SEC. 528. (a) Notwithstanding any other provision of law, funds appropriated for bi- PROHIBITION ON FUNDING FOR ABORTIONS AND central program level funding within each lateral assistance under any heading of this INVOLUNTARY STERILIZATION such account; for the development assistance accounts of the Agency for International De- Act and funds appropriated under any such SEC. 518. None of the funds made available velopment ‘‘program, project, and activity’’ heading in a provision of law enacted prior to carry out part I of the Foreign Assistance shall also be considered to include central to enactment of this Act, shall not be made Act of 1961, as amended, may be used to pay program level funding, either as (1) justified available to any country which the President for the performance of abortions as a method to the Congress, or (2) allocated by the exec- determines— of family planning or to motivate or coerce utive branch in accordance with a report, to (1) grants sanctuary from prosecution to any person to practice abortions. None of the be provided to the Committees on Appropria- any individual or group which has commit- funds made available to carry out part I of tions within thirty days of enactment of this ted an act of international terrorism, or the Foreign Assistance Act of 1961, as Act, as required by section 653(a) of the For- (2) otherwise supports international terror- amended, may be used to pay for the per- eign Assistance Act of 1961. ism. formance of involuntary sterilization as a CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES (b) The President may waive the applica- method of family planning or to coerce or tion of subsection (a) to a country if the provide any financial incentive to any person SEC. 523. Up to $10,000,000 of the funds made President determines that national security to undergo sterilizations. None of the funds available by this Act for assistance for fam- or humanitarian reasons justify such waiver. made available to carry out part I of the ily planning, health, child survival, basic The President shall publish each waiver in Foreign Assistance Act of 1961, as amended, education and AIDS, may be used to reim- the Federal Register and, at least fifteen may be used to pay for any biomedical re- burse United States Government agencies, days before the waiver takes effect, shall no- search which relates in whole or in part, to agencies of State governments, institutions tify the Committees on Appropriations of methods of, or the performance of, abortions of higher learning, and private and voluntary the waiver (including the justification for or involuntary sterilization as a means of organizations for the full cost of individuals the waiver) in accordance with the regular family planning. None of the funds made (including for the personal services of such notification procedures of the Committees available to carry out part I of the Foreign individuals) detailed or assigned to, or con- on Appropriations. Assistance Act of 1961, as amended, may be tracted by, as the case may be, the Agency for International Development for the pur- obligated or expended for any country or or- COMMERCIAL LEASING OF DEFENSE ARTICLES ganization if the President certifies that the pose of carrying out family planning activi- ties, child survival, and basic education ac- SEC. 529. Notwithstanding any other provi- use of these funds by any such country or or- sion of law, and subject to the regular notifi- ganization would violate any of the above tivities, and activities relating to research on, and the treatment and control of ac- cation procedures of the Committees on Ap- provisions related to abortions and involun- propriations, the authority of section 23(a) of tary sterilizations: Provided, That none of quired immune deficiency syndrome in de- veloping countries: Provided, That funds ap- the Arms Export Control Act may be used to the funds made available under this Act may provide financing to Israel, Egypt and NATO be used to lobby for or against abortion. propriated by this Act that are made avail- able for child survival activities or activities and major non-NATO allies for the procure- LIMITATIONS ON FUNDING FOR INTERNATIONAL relating to research on, and the treatment ment by leasing (including leasing with an FAMILY PLANNING and control of, acquired immune deficiency option to purchase) of defense articles from SEC. 519. In determining eligibility for as- syndrome may be made available notwith- United States commercial suppliers, not in- sistance from funds appropriated to carry standing any provision of law that restricts cluding Major Defense Equipment (other out section 104 of the Foreign Assistance Act assistance to foreign countries: Provided fur- than helicopters and other types of aircraft of 1961, nongovernmental and multilateral ther, That funds appropriated by this Act having possible civilian application), if the organizations shall not be subjected to re- that are made available for family planning President determines that there are compel- quirements more restrictive than the re- activities may be made available notwith- ling foreign policy or national security rea- quirements applicable to foreign govern- standing section 512 of this Act and section sons for those defense articles being provided ments for such assistance. 620(q) of the Foreign Assistance Act of 1961. by commercial lease rather than by govern- ment-to-government sale under such Act. REPORTING REQUIREMENT PROHIBITION AGAINST INDIRECT FUNDING TO SEC. 520. Section 25 of the Arms Export CERTAIN COUNTRIES COMPETITIVE INSURANCE Control Act is amended— SEC. 524. None of the funds appropriated or SEC. 530. All Agency for International De- (1) in subsection (a), by striking ‘‘Con- otherwise made available pursuant to this velopment contracts and solicitations, and gress’’ and inserting in lieu thereof ‘‘appro- Act shall be obligated to finance indirectly subcontracts entered into under such con- priate congressional committees’’; any assistance or reparations to Cuba, Iraq, tracts, shall include a clause requiring that (2) in subsection (b), by striking ‘‘the Com- Libya, Iran, Syria, North Korea, or the Peo- United States insurance companies have a mittee on Foreign Relations of the Senate or ple’s Republic of China, unless the President fair opportunity to bid for insurance when the Committee on Foreign Affairs of the of the United States certifies that the with- such insurance is necessary or appropriate. House of Representatives’’ and inserting in holding of these funds is contrary to the na- lieu thereof ‘‘any of the congressional com- tional interest of the United States. STINGERS IN THE PERSIAN GULF REGION mittees described in subsection (e)’’; and RECIPROCAL LEASING SEC. 531. Except as provided in section 581 (3) by adding the following subsection: SEC. 525. Section 61(a) of the Arms Export of the Foreign Operations, Export Financing, ‘‘(e) As used in this section, the term ‘ap- Control Act is amended by striking out and Related Programs Appropriations Act, propriate congressional committees’ means ‘‘1997’’ and inserting in lieu thereof ‘‘1998’’. 1990, the United States may not sell or other- the Committee on Foreign Relations and the NOTIFICATION ON EXCESS DEFENSE EQUIPMENT wise make available any Stingers to any Committee on Appropriations of the Senate country bordering the Persian Gulf under SEC. 526. Prior to providing excess Depart- and the Committee on International Rela- the Arms Export Control Act or chapter 2 of ment of Defense articles in accordance with tions and the Committee on Appropriations part II of the Foreign Assistance Act of 1961. of the House of Representatives.’’. section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall no- DEBT-FOR-DEVELOPMENT SPECIAL NOTIFICATION REQUIREMENTS tify the Committees on Appropriations to SEC. 532. In order to enhance the continued SEC. 521. None of the funds appropriated in the same extent and under the same condi- participation of nongovernmental organiza- this Act shall be obligated or expended for tions as are other committees pursuant to tions in economic assistance activities under Colombia, Guatemala (except that this pro- subsection (c) of that section: Provided, That the Foreign Assistance Act of 1961, including vision shall not apply to development assist- before issuing a letter of offer to sell excess endowments, debt-for-development and debt- ance for Guatemala), Dominican Republic, defense articles under the Arms Export Con- for-nature exchanges, a nongovernmental or- Haiti, Liberia, Pakistan, Peru, Serbia, trol Act, the Department of Defense shall no- ganization which is a grantee or contractor Sudan, or the Democratic Republic of Congo tify the Committees on Appropriations in ac- of the Agency for International Development except as provided through the regular noti- cordance with the regular notification proce- may place in interest bearing accounts funds fication procedures of the Committee on Ap- dures of such Committees: Provided further, made available under this Act or prior Acts propriations. That such Committees shall also be informed or local currencies which accrue to that or- DEFINITION OF PROGRAM, PROJECT, AND of the original acquisition cost of such de- ganization as a result of economic assistance ACTIVITY fense articles. provided under title II of this Act and any SEC. 522. For the purpose of this Act, ‘‘pro- AUTHORIZATION REQUIREMENT interest earned on such investment shall be gram, project, and activity’’ shall be defined SEC. 527. Funds appropriated by this Act used for the purpose for which the assistance at the Appropriations Act account level and may be obligated and expended notwith- was provided to that organization. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7643

SEPARATE ACCOUNTS and not commingle them with any other of the Arms Export Control Act. Loadings SEC. 533. (a) SEPARATE ACCOUNTS FOR funds. applicable to such direct costs shall be per- LOCAL CURRENCIES.—(1) If assistance is fur- (2) APPLICABILITY OF OTHER PROVISIONS OF mitted at the same rates applicable to pro- nished to the government of a foreign coun- LAW.—Such funds may be obligated and ex- curement of like items purchased by the De- try under chapters 1 and 10 of part I or chap- pended notwithstanding provisions of law partment of Defense for its own use. which are inconsistent with the nature of ter 4 of part II of the Foreign Assistance Act AUTHORITIES FOR THE PEACE CORPS of 1961 under agreements which result in the this assistance including provisions which SEC. 537. Unless expressly provided to the generation of local currencies of that coun- are referenced in the Joint Explanatory contrary, provisions of this or any other Act, try, the Administrator of the Agency for Statement of the Committee of Conference including provisions contained in prior Acts International Development shall— accompanying House Joint Resolution 648 authorizing or making appropriations for (A) require that local currencies be depos- (H. Report No. 98–1159). foreign operations, export financing, and re- ited in a separate account established by (3) NOTIFICATION.—At least fifteen days lated programs, shall not be construed to that government; prior to obligating any such cash transfer or prohibit activities authorized by or con- (B) enter into an agreement with that gov- nonproject sector assistance, the President ducted under the Peace Corps Act. The agen- ernment which sets forth— shall submit a notification through the regu- cy shall promptly report to the Committees (i) the amount of the local currencies to be lar notification procedures of the Commit- on Appropriations whenever it is conducting generated, and tees on Appropriations, which shall include a activities or is proposing to conduct activi- (ii) the terms and conditions under which detailed description of how the funds pro- ties in a country for which assistance is pro- the currencies so deposited may be utilized, posed to be made available will be used, with hibited. consistent with this section; and a discussion of the United States interests (C) establish by agreement with that gov- that will be served by the assistance (includ- IMPACT ON JOBS IN THE UNITED STATES ing, as appropriate, a description of the eco- ernment the responsibilities of the Agency SEC. 538. None of the funds appropriated by nomic policy reforms that will be promoted for International Development and that gov- this Act may be obligated or expended to by such assistance). ernment to monitor and account for deposits provide— (4) EXEMPTION.—Nonproject sector assist- into and disbursements from the separate ac- (a) any financial incentive to a business ance funds may be exempt from the require- count. enterprise currently located in the United ments of subsection (b)(1) only through the (2) USES OF LOCAL CURRENCIES.—As may be States for the purpose of inducing such an notification procedures of the Committees agreed upon with the foreign government, enterprise to relocate outside the United on Appropriations. local currencies deposited in a separate ac- States if such incentive or inducement is count pursuant to subsection (a), or an COMPENSATION FOR UNITED STATES EXECUTIVE likely to reduce the number of employees of equivalent amount of local currencies, shall DIRECTORS TO INTERNATIONAL FINANCIAL IN- such business enterprise in the United States be used only— STITUTIONS because United States production is being re- (A) to carry out chapters 1 or 10 of part I SEC. 534. (a) No funds appropriated by this placed by such enterprise outside the United or chapter 4 of part II (as the case may be), Act may be made as payment to any inter- States; for such purposes as— national financial institution while the Unit- (b) assistance for the purpose of establish- (i) project and sector assistance activities, ed States Executive Director to such institu- ing or developing in a foreign country any or tion is compensated by the institution at a export processing zone or designated area in (ii) debt and deficit financing, or rate which, together with whatever com- which the tax, tariff, labor, environment, (B) for the administrative requirements of pensation such Director receives from the and safety laws of that country do not apply, the United States Government. United States, is in excess of the rate pro- in part or in whole, to activities carried out (3) PROGRAMMING ACCOUNTABILITY.—The vided for an individual occupying a position within that zone or area, unless the Presi- Agency for International Development shall at level IV of the Executive Schedule under dent determines and certifies that such as- take all necessary steps to ensure that the section 5315 of title 5, United States Code, or sistance is not likely to cause a loss of jobs equivalent of the local currencies disbursed while any alternate United States Director within the United States; or pursuant to subsection (a)(2)(A) from the to such institution is compensated by the in- (c) assistance for any project or activity separate account established pursuant to stitution at a rate in excess of the rate pro- that contributes to the violation of inter- subsection (a)(1) are used for the purposes vided for an individual occupying a position nationally recognized workers rights, as de- agreed upon pursuant to subsection (a)(2). at level V of the Executive Schedule under fined in section 502(a)(4) of the Trade Act of (4) TERMINATION OF ASSISTANCE PRO- section 5316 of title 5, United States Code. 1974, of workers in the recipient country, in- GRAMS.—Upon termination of assistance to a (b) For purposes of this section, ‘‘inter- cluding any designated zone or area in that country under chapters 1 or 10 of part I or national financial institutions’’ are: the country: Provided, That in recognition that chapter 4 of part II (as the case may be), any International Bank for Reconstruction and the application of this subsection should be unencumbered balances of funds which re- Development, the Inter-American Develop- commensurate with the level of development main in a separate account established pur- ment Bank, the Asian Development Bank, of the recipient country and sector, the pro- suant to subsection (a) shall be disposed of the Asian Development Fund, the African visions of this subsection shall not preclude for such purposes as may be agreed to by the Development Bank, the African Develop- assistance for the informal sector in such government of that country and the United ment Fund, the International Monetary country, micro and small-scale enterprise, States Government. Fund, the North American Development and smallholder agriculture. (5) CONFORMING AMENDMENTS.—The provi- Bank, and the European Bank for Recon- RESTRICTIONS ON THE TERMINATION OF sions of this subsection shall supersede the struction and Development. SANCTIONS AGAINST SERBIA AND MONTENEGRO tenth and eleventh provisos contained under COMPLIANCE WITH UNITED NATIONS SANCTIONS SEC. 539. (a) RESTRICTIONS.—Notwithstand- the heading ‘‘Sub-Saharan Africa, Develop- AGAINST IRAQ ment Assistance’’ as included in the Foreign ing any other provision of law, no sanction, SEC. 535. None of the funds appropriated or Operations, Export Financing, and Related prohibition, or requirement described in sec- otherwise made available pursuant to this Programs Appropriations Act, 1989 and sec- tion 1511 of the National Defense Authoriza- Act to carry out the Foreign Assistance Act tions 531(d) and 609 of the Foreign Assistance tion Act for Fiscal Year 1994 (Public Law of 1961 (including title IV of chapter 2 of part Act of 1961. 103–160), with respect to Serbia or I, relating to the Overseas Private Invest- (6) REPORTING REQUIREMENT.—The Admin- Montenegro, may cease to be effective, un- ment Corporation) or the Arms Export Con- istrator of the Agency for International De- less— trol Act may be used to provide assistance to velopment shall report on an annual basis as (1) the President first submits to the Con- any country that is not in compliance with part of the justification documents submit- gress a certification described in subsection the United Nations Security Council sanc- ted to the Committees on Appropriations on (b); and tions against Iraq unless the President deter- the use of local currencies for the adminis- (2) the requirements of section 1511 of that mines and so certifies to the Congress that— trative requirements of the United States Act are met. (1) such assistance is in the national inter- Government as authorized in subsection (b) CERTIFICATION.—A certification de- est of the United States; (a)(2)(B), and such report shall include the scribed in this subsection is a certification (2) such assistance will directly benefit the amount of local currency (and United States that— needy people in that country; or dollar equivalent) used and/or to be used for (1) there is substantial progress toward— (3) the assistance to be provided will be hu- such purpose in each applicable country. (A) the realization of a separate identity manitarian assistance for foreign nationals (b) SEPARATE ACCOUNTS FOR CASH TRANS- for Kosova and the right of the people of who have fled Iraq and Kuwait. FERS.—(1) If assistance is made available to Kosova to govern themselves; or the government of a foreign country, under COMPETITIVE PRICING FOR SALES OF DEFENSE (B) the creation of an international protec- chapters 1 or 10 of part I or chapter 4 of part ARTICLES torate for Kosova; II of the Foreign Assistance Act of 1961, as SEC. 536. Direct costs associated with (2) there is substantial improvement in the cash transfer assistance or as nonproject sec- meeting a foreign customer’s additional or human rights situation in Kosova; tor assistance, that country shall be required unique requirements will continue to be al- (3) international human rights observers to maintain such funds in a separate account lowable under contracts under section 22(d) are allowed to return to Kosova; and S7644 CONGRESSIONAL RECORD — SENATE July 17, 1997 (4) the elected government of Kosova is ‘‘Economic Support Fund’’, assistance may base rights or base access in that country, if permitted to meet and carry out its legiti- be provided to strengthen the administration the President determines that the recipient mate mandate as elected representatives of of justice in countries in Latin America and for which funds are earmarked has signifi- the people of Kosova. the Caribbean and in other regions consist- cantly reduced its military or economic co- (c) WAIVER AUTHORITY.—The President ent with the provisions of section 534(b) of operation with the United States since en- may waive the application in whole or in the Foreign Assistance Act of 1961, except actment of the Foreign Operations, Export part, of subsection (a) if the President cer- that programs to enhance protection of par- Financing, and Related Programs Appropria- tifies to the Congress that the President has ticipants in judicial cases may be conducted tions Act, 1991; however, before exercising determined that the waiver is necessary to notwithstanding section 660 of that Act. the authority of this subsection with regard meet emergency humanitarian needs or to (b) Funds made available pursuant to this to a base rights or base access country which achieve a negotiated settlement of the con- section may be made available notwith- has significantly reduced its military or eco- flict in Bosnia and Herzegovina that is ac- standing section 534(c) and the second and nomic cooperation with the United States, ceptable to the parties. third sentences of section 534(e) of the For- the President shall consult with, and shall SPECIAL AUTHORITIES eign Assistance Act of 1961. Funds made provide a written policy justification to the SEC. 540. (a) Funds appropriated in title II available pursuant to subsection (a) for Bo- Committees on Appropriations: Provided, of this Act that are made available for Af- livia, Colombia and Peru may be made avail- That any such reprogramming shall be sub- ghanistan, Lebanon, and for victims of war, able notwithstanding section 534(c) and the ject to the regular notification procedures of displaced children, displaced Burmese, hu- second sentence of section 534(e) of the For- the Committees on Appropriations: Provided manitarian assistance for Romania, and hu- eign Assistance Act of 1961. further, That assistance that is repro- manitarian assistance for the peoples of ELIGIBILITY FOR ASSISTANCE grammed pursuant to this subsection shall be made available under the same terms and Kosova, may be made available notwith- SEC. 543. (a) ASSISTANCE THROUGH NON- conditions as originally provided. standing any other provision of law: Pro- GOVERNMENTAL ORGANIZATIONS.—Restric- (b) In addition to the authority contained vided, That any such funds that are made tions contained in this or any other Act with in subsection (a), the original period of avail- available for Cambodia shall be subject to respect to assistance for a country shall not the provisions of section 531(e) of the Foreign ability of funds appropriated by this Act and be construed to restrict assistance in support Assistance Act of 1961 and section 906 of the administered by the Agency for Inter- of programs of nongovernmental organiza- International Security and Development Co- national Development that are earmarked tions from funds appropriated by this Act to operation Act of 1985. for particular programs or activities by this (b) Funds appropriated by this Act to carry carry out the provisions of chapters 1, 10, and or any other Act shall be extended for an ad- out the provisions of sections 103 through 106 11 of part I and chapter 4 of part II of the ditional fiscal year if the Administrator of of the Foreign Assistance Act of 1961 may be Foreign Assistance Act of 1961, and from such agency determines and reports prompt- used, notwithstanding any other provision of funds appropriated under the heading ‘‘As- ly to the Committees on Appropriations that law, for the purpose of supporting tropical sistance for Eastern Europe and the Baltic the termination of assistance to a country or forestry and energy programs aimed at re- States’’: Provided, That the President shall a significant change in circumstances makes ducing emissions of greenhouse gases, and take into consideration, in any case in which it unlikely that such earmarked funds can be for the purpose of supporting biodiversity a restriction on assistance would be applica- obligated during the original period of avail- conservation activities: Provided, That such ble but for this subsection, whether assist- ability: Provided, That such earmarked funds assistance shall be subject to sections 116, ance in support of programs of nongovern- that are continued available for an addi- 502B, and 620A of the Foreign Assistance Act mental organizations is in the national in- tional fiscal year shall be obligated only for of 1961. terest of the United States: Provided further, the purpose of such earmark. (c) During fiscal year 1998, the President That before using the authority of this sub- CEILINGS AND EARMARKS may use up to $40,000,000 under the authority section to furnish assistance in support of of section 451 of the Foreign Assistance Act programs of nongovernmental organizations, SEC. 545. Ceilings and earmarks contained of 1961, notwithstanding the funding ceiling the President shall notify the Committees on in this Act shall not be applicable to funds or contained in subsection (a) of that section. Appropriations under the regular notifica- authorities appropriated or otherwise made (d) The Agency for International Develop- tion procedures of those committees, includ- available by any subsequent Act unless such ment may employ personal services contrac- ing a description of the program to be as- Act specifically so directs. tors, notwithstanding any other provision of sisted, the assistance to be provided, and the PROHIBITION ON PUBLICITY OR PROPAGANDA law, for the purpose of administering pro- reasons for furnishing such assistance: Pro- SEC. 546. No part of any appropriation con- grams for the West Bank and Gaza. vided further, That nothing in this subsection tained in this Act shall be used for publicity POLICY ON TERMINATING THE ARAB LEAGUE shall be construed to alter any existing stat- or propaganda purposes within the United BOYCOTT OF ISRAEL utory prohibitions against abortion or invol- States not authorized before the date of en- SEC. 541. It is the sense of the Congress untary sterilizations contained in this or actment of this Act by the Congress. that— any other Act. PROHIBITION OF PAYMENTS TO UNITED NATIONS (1) the Arab League countries should im- (b) PUBLIC LAW 480.—During fiscal year MEMBERS mediately and publicly renounce the pri- 1998, restrictions contained in this or any SEC. 547. None of the funds appropriated or mary boycott of Israel and the secondary other Act with respect to assistance for a made available pursuant to this Act for car- and tertiary boycott of American firms that country shall not be construed to restrict as- rying out the Foreign Assistance Act of 1961, have commercial ties with Israel; and sistance under the Agricultural Trade Devel- may be used to pay in whole or in part any (2) the President should— opment and Assistance Act of 1954: Provided, assessments, arrearages, or dues of any (A) take more concrete steps to encourage That none of the funds appropriated to carry member of the United Nations. vigorously Arab League countries to re- out title I of such Act and made available CONSULTING SERVICES nounce publicly the primary boycotts of Is- pursuant to this subsection may be obligated rael and the secondary and tertiary boycotts or expended except as provided through the SEC. 548. The expenditure of any appropria- of American firms that have commercial re- regular notification procedures of the Com- tion under this Act for any consulting serv- lations with Israel as a confidence-building mittees on Appropriations. ice through procurement contract, pursuant measure; (c) EXCEPTION.—This section shall not to section 3109 of title 5, United States Code, (B) take into consideration the participa- apply— shall be limited to those contracts where tion of any recipient country in the primary (1) with respect to section 620A of the For- such expenditures are a matter of public boycott of Israel and the secondary and ter- eign Assistance Act or any comparable pro- record and available for public inspection, tiary boycotts of American firms that have vision of law prohibiting assistance to coun- except where otherwise provided under exist- commercial relations with Israel when deter- tries that support international terrorism; ing law, or under existing Executive order mining whether to sell weapons to said coun- or pursuant to existing law. ty; (2) with respect to section 116 of the For- PRIVATE VOLUNTARY ORGANIZATIONS— (C) report to Congress on the specific steps eign Assistance Act of 1961 or any com- DOCUMENTATION being taken by the President to bring about parable provision of law prohibiting assist- SEC. 549. None of the funds appropriated or a public renunciation of the Arab primary ance to countries that violate internation- made available pursuant to this Act shall be boycott of Israel and the secondary and ter- ally recognized human rights. available to a private voluntary organization tiary boycotts of American firms that have EARMARKS which fails to provide upon timely request commercial relations with Israel; and SEC. 544. (a) Funds appropriated by this any document, file, or record necessary to (D) encourage the allies and trading part- Act which are earmarked may be repro- the auditing requirements of the Agency for ners of the United States to enact laws pro- grammed for other programs within the International Development. hibiting businesses from complying with the same account notwithstanding the earmark PROHIBITION ON ASSISTANCE TO FOREIGN GOV- boycott and penalizing businesses that do if compliance with the earmark is made im- ERNMENTS THAT EXPORT LETHAL MILITARY comply. possible by operation of any provision of this EQUIPMENT TO COUNTRIES SUPPORTING ANTI-NARCOTICS ACTIVITIES or any other Act or, with respect to a coun- INTERNATIONAL TERRORISM SEC. 542. (a) Of the funds appropriated or try with which the United States has an SEC. 550. (a) None of the funds appropriated otherwise made available by this Act for agreement providing the United States with or otherwise made available by this Act may July 17, 1997 CONGRESSIONAL RECORD — SENATE S7645

be available to any foreign government WAR CRIMES TRIBUNALS DRAWDOWN (3) entertainment expenses for activities which provides lethal military equipment to SEC. 554. If the President determines that that are substantially of a recreational char- a country the government of which the Sec- doing so will contribute to a just resolution acter, including entrance fees at sporting retary of State has determined is a terrorist of charges regarding genocide or other viola- events and amusement parks. government for purposes of section 40(d) of tions of international humanitarian law, the PURCHASE OF AMERICAN-MADE EQUIPMENT AND the Arms Export Control Act. The prohibi- President may direct a drawdown pursuant PRODUCTS tion under this section with respect to a for- to section 552(c) of the Foreign Assistance SEC. 558. (a) To the greatest extent prac- eign government shall terminate 12 months Act of 1961, as amended, of up to $25,000,000 of ticable, assistance provided or used for pur- after that government ceases to provide such commodities and services for the United Na- chases should use American equipment, serv- military equipment. This section applies tions War Crimes Tribunal established with with respect to lethal military equipment ices, commodities, and products. regard to the former Yugoslavia by the Unit- (b) NOTICE REQUIREMENT.—In providing fi- provided under a contract entered into after ed Nations Security Council or such other the date of enactment of this Act. nancial assistance to, or entering into any tribunals or commissions as the Council may contract with, any entity using funds made (b) Assistance restricted by subsection (a) establish to deal with such violations, with- or any other similar provision of law, may be available in this Act, the head of each Fed- out regard to the ceiling limitation con- furnished if the President determines that eral agency, to the greatest extent prac- tained in paragraph (2) thereof: Provided, furnishing such assistance is important to ticable, shall provide to such entity a notice That the determination required under this the national interests of the United States. describing the statement made in subsection (c) Whenever the waiver of subsection (b) is section shall be in lieu of any determinations (a) by the Congress. otherwise required under section 552(c): Pro- exercised, the President shall submit to the SPECIAL DEBT RELIEF FOR THE POOREST vided further, That sixty days after the date appropriate congressional committees a re- SEC. 559. (a) AUTHORITY TO REDUCE DEBT.— port with respect to the furnishing of such of enactment of this Act, and every one hun- dred eighty days thereafter, the Secretary of The President may reduce amounts owed to assistance. Any such report shall include a the United States (or any agency of the detailed explanation of the assistance to be State shall submit a report to the Commit- tees on Appropriations describing the steps United States) by an eligible country as a re- provided, including the estimated dollar sult of— amount of such assistance, and an expla- the United States Government is taking to collect information regarding allegations of (1) guarantees issued under sections 221 nation of how the assistance furthers United and 222 of the Foreign Assistance Act of 1961; States national interests. genocide or other violations of international law in the former Yugoslavia and to furnish or WITHHOLDING OF ASSISTANCE FOR PARKING that information to the United Nations War (2) credits extended or guarantees issued FINES OWED BY FOREIGN COUNTRIES Crimes Tribunal for the former Yugoslavia. under the Arms Export Control Act. SEC. 551. (a) IN GENERAL.—Of the funds (b) LIMITATIONS.— LANDMINES made available for a foreign country under (1) The authority provided by subsection part I of the Foreign Assistance Act of 1961, SEC. 555. Notwithstanding any other provi- (a) may be exercised only to implement mul- an amount equivalent to 110 per centum of sion of law, demining equipment available to tilateral official debt relief and referendum the total unpaid fully adjudicated parking the Agency for International Development agreements, commonly referred to as ‘‘Paris fines and penalties owed to the District of and the Department of State and used in Club Agreed Minutes’’. Columbia by such country as of the date of support of the clearing of landmines and (2) The authority provided by subsection enactment of this Act shall be withheld from unexploded ordnance for humanitarian pur- (a) may be exercised only in such amounts or obligation for such country until the Sec- poses may be disposed of on a grant basis in to such extent as is provided in advance by retary of State certifies and reports in writ- foreign countries, subject to such terms and appropriations Acts. ing to the appropriate congressional com- conditions as the President may prescribe. (3) The authority provided by subsection mittees that such fines and penalties are RESTRICTIONS CONCERNING THE PALESTINIAN (a) may be exercised only with respect to fully paid to the government of the District AUTHORITY countries with heavy debt burdens that are of Columbia. SEC. 556. None of the funds appropriated by eligible to borrow from the International De- (b) DEFINITION.—For purposes of this sec- this Act may be obligated or expended to velopment Association, but not from the tion, the term ‘‘appropriate congressional create in any part of Jerusalem a new office International Bank for Reconstruction and committees’’ means the Committee on For- of any department or agency of the United Development, commonly referred to as eign Relations and the Committee on Appro- States Government for the purpose of con- ‘‘IDA-only’’ countries. priations of the Senate and the Committee ducting official United States Government (c) CONDITIONS.—The authority provided by on International Relations and the Commit- business with the Palestinian Authority over subsection (a) may be exercised only with re- tee on Appropriations of the House of Rep- Gaza and Jericho or any successor Palestin- spect to a country whose government— resentatives. ian governing entity provided for in the Is- (1) does not have an excessive level of mili- LIMITATION ON ASSISTANCE FOR THE PLO FOR rael-PLO Declaration of Principles: Provided, tary expenditures; THE WEST BANK AND GAZA That this restriction shall not apply to the (2) has not repeatedly provided support for SEC. 552. None of the funds appropriated by acquisition of additional space for the exist- acts of international terrorism; this Act may be obligated for assistance for ing Consulate General in Jerusalem: Provided (3) is not failing to cooperate on inter- the Palestine Liberation Organization for further, That meetings between officers and national narcotics control matters; the West Bank and Gaza unless the President employees of the United States and officials (4) (including its military or other security has exercised the authority under section of the Palestinian Authority, or any succes- forces) does not engage in a consistent pat- 604(a) of the Middle East Peace Facilitation sor Palestinian governing entity provided for tern of gross violations of internationally Act of 1995 (title VI of Public Law 104–107) or in the Israel-PLO Declaration of Principles, recognized human rights; and any other legislation to suspend or make in- for the purpose of conducting official United (5) is not ineligible for assistance because applicable section 307 of the Foreign Assist- States Government business with such au- of the application of section 527 of the For- ance Act of 1961 and that suspension is still thority should continue to take place in lo- eign Relations Authorization Act, fiscal in effect: Provided, That if the President fails cations other than Jerusalem. As has been years 1994 and 1995. to make the certification under section true in the past, officers and employees of (d) AVAILABILITY OF FUNDS.—The authority 604(b)(2) of the Middle East Peace Facilita- the United States Government may continue provided by subsection (a) may be used only tion Act of 1995 or to suspend the prohibition to meet in Jerusalem on other subjects with with regard to funds appropriated by this under other legislation, funds appropriated Palestinians (including those who now oc- Act under the heading ‘‘Debt restructuring’’. by this Act may not be obligated for assist- cupy positions in the Palestinian Authority), (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A ance for the Palestine Liberation Organiza- have social contacts, and have incidental reduction of debt pursuant to subsection (a) tion for the West Bank and Gaza. discussions. shall not be considered assistance for pur- EXPORT FINANCING TRANSFER AUTHORITIES PROHIBITION OF PAYMENT OF CERTAIN poses of any provision of law limiting assist- ance to a country. The authority provided by SEC. 553. Not to exceed 5 per centum of any EXPENSES subsection (a) may be exercised notwith- appropriation other than for administrative SEC. 557. None of the funds appropriated or standing section 620(r) of the Foreign Assist- expenses made available for fiscal year 1998 otherwise made available by this Act under ance Act of 1961. for programs under title I of this Act may be the heading ‘‘International military edu- transferred between such appropriations for cation and training’’ or ‘‘Foreign military fi- AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR use for any of the purposes, programs and ac- nancing program’’ for Informational Pro- SALES tivities for which the funds in such receiving gram activities may be obligated or ex- SEC. 560. (a) LOANS ELIGIBLE FOR SALE, RE- account may be used, but no such appropria- pended to pay for— DUCTION, OR CANCELLATION.— tion, except as otherwise specifically pro- (1) alcoholic beverages; (1) AUTHORITY TO SELL, REDUCE, OR CANCEL vided, shall be increased by more than 25 per (2) food (other than food provided at a mili- CERTAIN LOANS.—Notwithstanding any other centum by any such transfer: Provided, That tary installation) not provided in conjunc- provision of law, the President may, in ac- the exercise of such authority shall be sub- tion with Informational Program trips where cordance with this section, sell to any eligi- ject to the regular notification procedures of students do not stay at a military installa- ble purchaser any concessional loan or por- the Committees on Appropriations. tion; or tion thereof made before January 1, 1995, S7646 CONGRESSIONAL RECORD — SENATE July 17, 1997 pursuant to the Foreign Assistance Act of eign Military Financing Program’’ shall not U.S.C. 2414a), shall include a side-by-side 1961, to the government of any eligible coun- apply, only if the President determines and comparison of individual countries’ overall try as defined in section 702(6) of that Act or certifies to the Congress that the Guate- support for the United States at the United on receipt of payment from an eligible pur- malan military is cooperating fully with ef- Nations and the amount of United States as- chaser, reduce or cancel such loan or portion forts to resolve human rights abuses which sistance provided to such country in fiscal thereof, only for the purpose of facilitating— elements of the Guatemalan military forces year 1996. (A) debt-for-equity swaps, debt-for-develop- are alleged to have committed, ordered or (b) UNITED STATES ASSISTANCE.—For pur- ment swaps, or debt-for-nature swaps; or attempted to thwart the investigation of, poses of this section, the term ‘‘United (B) a debt buyback by an eligible country and with efforts to implement a peace settle- States assistance’’ has the meaning given of its own qualified debt, only if the eligible ment. the term in section 481(e)(4) of the Foreign country uses an additional amount of the (b) The prohibition contained in subsection Assistance Act of 1961 (22 U.S.C. 2291(e)(4)). local currency of the eligible country, equal (a) shall not apply to funds made available to BURMA LABOR REPORT to not less than 40 per centum of the price implement a ceasefire or peace agreement. SEC. 566. Not later than one hundred twen- (c) Any funds made available pursuant to paid for such debt by such eligible country, ty days after enactment of this Act, the Sec- subsections (a) and (b) for international mili- or the difference between the price paid for retary of Labor shall provide to the Commit- tary education and training may only be for such debt and the face value of such debt, to tees on Appropriations a report addressing expanded international military education support activities that link conservation and labor practices in Burma: Provided, That the and training. sustainable use of natural resources with report shall provide comprehensive details local community development, and child sur- SANCTIONS AGAINST COUNTRIES HARBORING on child labor practices, worker’s rights, vival and other child development, in a man- WAR CRIMINALS force relocation of laborers, forced labor per- ner consistent with sections 707 through 710 SEC. 563. (a) BILATERAL ASSISTANCE.—The formed to support the tourism industry, and of the Foreign Assistance Act of 1961, if the President shall withhold funds appropriated forced labor performed in conjunction with, sale, reduction, or cancellation would not by this Act under the Foreign Assistance Act and in support of, the Yadonna gas pipeline: contravene any term or condition of any of 1961 or the Arms Export Control Act for Provided further, That the report should dis- prior agreement relating to such loan. any country described in subsection (c). cuss whether the State Law and Order Res- (2) TERMS AND CONDITIONS.—Notwithstand- (b) MULTILATERAL ASSISTANCE.—The Sec- toration Council (SLORC) is in compliance ing any other provision of law, the President retary of the Treasury shall instruct the with international labor standards: Provided shall, in accordance with this section, estab- United States executive directors of the further, That the report should provide con- lish the terms and conditions under which international financial institutions to work siderable detail regarding the U.S. govern- loans may be sold, reduced, or canceled pur- in opposition to, and vote against, any ex- ment’s efforts to address the issue of forced suant to this section. tension by such institutions of financing or labor in Burma. (3) ADMINISTRATION.—The Facility, as de- financial or technical assistance to any HAITI fined in section 702(8) of the Foreign Assist- country described in subsection (c). SEC. 567. The Government of Haiti shall be ance Act of 1961, shall notify the adminis- (c) SANCTIONED COUNTRIES.—A country de- eligible to purchase defense articles and trator of the agency primarily responsible scribed in this subsection is a country the services under the Arms Export Control Act for administering part I of the Foreign As- government of which knowingly grants sanc- (22 U.S.C. 2751 et seq.), for the civilian-led sistance Act of 1961 of purchasers that the tuary to persons in its territory, or territory Haitian National Police and Coast Guard: President has determined to be eligible, and within its control, for the purpose of evading Provided, That the authority provided by this shall direct such agency to carry out the prosecution, where such persons have been section shall be subject to the regular notifi- sale, reduction, or cancellation of a loan pur- indicted by the International Criminal Tri- cation procedures of the Committees on Ap- suant to this section. Such agency shall bunal for Rwanda. make an adjustment in its accounts to re- propriations. LIMITATION ON ASSISTANCE FOR HAITI flect the sale, reduction, or cancellation. INTERNATIONAL FINANCIAL INSTITUTION (4) LIMITATION.—The authorities of this SEC. 564. (a) LIMITATION.—None of the funds POLICIES appropriated or otherwise made available by subsection shall be available only to the ex- SEC. 568. The Secretary of the Treasury this Act may be provided to the Government tent that appropriations for the cost of the shall instruct the United States Executive of Haiti unless the President reports to Con- modification, as defined in section 502 of the Directors of the International Bank for Re- gress that the Government of Haiti— Congressional Budget Act of 1974, are made construction and Development and the Inter- (1) is conducting thorough investigations in advance. national Development Association to use the of extrajudicial and political killings; (b) DEPOSIT OF PROCEEDS.—The proceeds voice and vote of the United States to (2) is cooperating with United States au- from the sale, reduction, or cancellation of strongly encourage their respective institu- thorities in the investigations of political any loan sold, reduced, or canceled pursuant tions to— and extrajudicial killings; to this section shall be deposited in the Unit- (1) provide timely public information on (3) has made demonstrable progress in ed States Government account or accounts procurement opportunities available to Unit- privatizing major governmental parastatals, established for the repayment of such loan. ed States suppliers, with a special emphasis (c) ELIGIBLE PURCHASERS.—A loan may be including demonstrable progress toward the on small business; and sold pursuant to subsection (a)(1)(A) only to material and legal transfer of ownership of (2) systematically consult with local com- a purchaser who presents plans satisfactory such parastatals; and munities on the potential impact of loans as to the President for using the loan for the (4) has taken action to remove from the part of the normal lending process, and ex- purpose of engaging in debt-for-equity swaps, Haitian National Police, national palace and pand the participation of affected peoples debt-for-development swaps, or debt-for-na- residential guard, ministerial guard, and any and nongovernmental organizations in deci- ture swaps. other public security entity of Haiti those sions on the selection, design and implemen- (d) DEBTOR CONSULTATIONS.—Before the individuals who are credibly alleged to have tation of policies and projects. sale to any eligible purchaser, or any reduc- engaged in or conspired to conceal gross vio- tion or cancellation pursuant to this section, lations of internationally recognized human LIMITATION ON ASSISTANCE TO SECURITY of any loan made to an eligible country, the rights. FORCES President should consult with the country (b) EXCEPTIONS.—The limitation in sub- SEC. 569. None of the funds made available concerning the amount of loans to be sold, section (a) does not apply to the provision of by this Act may be provided to any unit of reduced, or canceled and their uses for debt- humanitarian, electoral, counter narcotics, the security forces of a foreign country if the for-equity swaps, debt-for-development or development assistance. Secretary of State has credible evidence to swaps, or debt-for-nature swaps. (c) WAIVER.—The President may waive the believe such unit has committed gross viola- (e) AVAILABILITY OF FUNDS.—The authority requirements of this section on a semiannual tions of human rights, unless the Secretary provided by subsection (a) may be used only basis if the President determines and cer- determines and reports to the Committees with regard to funds appropriated by this tifies to the appropriate committees of Con- on Appropriations that the government of Act under the heading ‘‘Debt restructuring’’. gress that such waiver is in the national in- such country is taking steps to bring the re- LIBERIA terest of the United States. sponsible members of the security forces SEC. 561. Funds appropriated by this Act (d) PARASTATALS DEFINED.—As used in this unit to justice. may be made available for assistance for Li- section, the term ‘‘parastatal’’ means a gov- CAMBODIA ernment-owned enterprise. beria notwithstanding section 620(q) of the SEC. 570. The Secretary of the Treasury Foreign Assistance Act of 1961 and section REQUIREMENT FOR DISCLOSURE OF FOREIGN AID shall instruct the United States Executive 512 of this Act. IN REPORT OF SECRETARY OF STATE Directors of the international financial in- GUATEMALA SEC. 565. (a) FOREIGN AID REPORTING RE- stitutions to use the voice and vote of the SEC. 562. (a) Funds provided in this Act QUIREMENT.—In addition to the voting prac- United States to oppose loans to the Govern- may be made available for the Guatemalan tices of a foreign country, the report re- ment of Cambodia, except loans to support military forces, and the restrictions on Gua- quired to be submitted to Congress under basic human needs, unless the Government temala under the headings ‘‘International section 406(a) of the Foreign Relations Au- of Cambodia has: (1) not been established in Military Education and Training’’ and ‘‘For- thorization Act fiscal years 1990 and 1991 (22 office by the use of force or a coup d’etat; (2) July 17, 1997 CONGRESSIONAL RECORD — SENATE S7647 discontinued all political violence and in- ticle IX and Annex 4, Article II of the Dayton ern Europe and the Baltic States’’, to remain timidation of journalists and members of op- Agreement relating to war crimes and the available until expended: Provided, That of position parties; (3) established an independ- Tribunal, or with the provisions of Annex 7 this amount, up to $1,500,000 for administra- ent election commission; (4) protected the of the Dayton Agreement relating to the tive expenses to carry out such programs rights of voters, candidates, and election ob- rights of refugees and displaced persons to may be transferred to and merged with ‘‘Op- servers and participants by establishing laws return to their homes of origin. erating Expenses of the Agency for Inter- and procedures guaranteeing freedom of (d) SANCTIONED COUNTRIES.—A country de- national Development’’: Provided further, speech and assembly; (5) eliminated corrup- scribed in this section is a country the au- That the provisions of section 107A(d) (relat- tion and collaboration with narcotics smug- thorities of which fail to apprehend and ing to general provisions applicable to devel- glers; and (6) been elected in a free and fair transfer to the Tribunal all persons in terri- opment credit authority) of the Foreign As- election. tory that is under their effective control who sistance Act of 1961, as added by section 306 LIMITATIONS ON TRANSFER OF MILITARY have been indicted by the Tribunal. of H.R. 1486 as reported by the House Com- (e) WAIVER.— EQUIPMENT TO EAST TIMOR mittee on International Relations on May 9, (1) AUTHORITY.—The President may waive 1997, shall be applicable to direct loans and SEC. 571. In any agreement for the sale, the application of subsection (a) or sub- loan guarantees provided under this para- transfer, or licensing of any lethal equip- section (b) with respect to a country if the ment or helicopter for Indonesia entered into graph: Provided further, That direct loans or President determines and certifies to the ap- loan guarantees under this paragraph may by the United States pursuant to the author- propriate committees of Congress within six ity of this Act or any other Act, the agree- not be provided until the Director of the Of- months after the date of enactment of this fice of Management and Budget has certified ment shall state that such items will not be Act that a majority of the indicted persons used in East Timor. to the Committees on Appropriations that who are within territory that is under the ef- the Agency for International Development TRANSPARENCY OF BUDGETS fective control of the country have been ar- has established a credit management system SEC. 572. Section 576(a)(1) of the Foreign rested and transferred to the Tribunal. capable of effectively managing the credit Operations, Export Financing, and Related (2) PERIOD OF EFFECTIVENESS.—Any waiver programs funded under this heading, includ- Programs Appropriations Act, 1997, as con- made pursuant to this subsection shall be ef- ing that such system (1) can provide accu- tained in Public Law 104–208, is amended to fective for a period of six months. rate and timely provision of loan and loan read as follows: (f) TERMINATION OF SANCTIONS.—The sanc- guarantee data, (2) contains information ‘‘(1) does not have in place a functioning tions imposed pursuant to subsection (a) or control systems for loan and loan guarantee system for reporting to civilian authorities subsection (b) with respect to a country shall data, (3) is adequately staffed, and (4) con- audits of receipts and expenditures that fund cease to apply only if the President deter- tains appropriate review and monitoring pro- activities of the armed forces and security mines and certifies to Congress that the au- cedures. forces;’’. thorities of that country have apprehended and transferred to the Tribunal all persons EXCESS DEFENSE ARTICLES FOR CERTAIN Section 576(a)(2) of the Foreign Operations, EUROPEAN COUNTRIES Export Financing, and Related Programs Ap- in territory that is under their effective con- propriations Act, 1997, as contained in Public trol who have been indicted by the Tribunal. SEC. 576. Section 105 of Public Law 104–164 Law 104–208, is amended to read as follows: (g) DEFINITIONS.—As used in this section— (110 Stat. 1427) is amended by striking ‘‘1996 ‘‘(2) has not provided to the institution in- (1) COUNTRY.—The term ‘‘country’’ shall and 1997’’ and inserting ‘‘1998 and 1999’’. formation about the audit process requested not include Bosnia and Herzegovina, and the ADDITIONAL REQUIREMENTS RELATING TO by the institution.’’. provisions of this Act shall be applied sepa- STOCKPILING OF DEFENSE ARTICLES FOR FOR- rately to its constituent entities of EIGN COUNTRIES RESTRICTIONS ON FUNDING TO COUNTRIES PRO- Republika Srpska and the Federation of VIDING SANCTUARY TO INDICTED WAR CRIMI- SEC. 577. (a) VALUE OF ADDITIONS TO STOCK- Bosnia and Herzegovina. NALS PILES.—Section 514(b)(2)(A) of the Foreign (2) DAYTON AGREEMENT.—The term ‘‘Day- Assistance Act of 1961 (22 U.S.C. SEC. 573. (a) BILATERAL ASSISTANCE.—None ton Agreement’’ means the General Frame- 2321h(b)(2)(A)) is amended by inserting before of the funds made available by this or any work Agreement for Peace in Bosnia and the period at the end the following: ‘‘and prior Act making appropriations for foreign Herzegovina, together with annexes relating $60,000,000 for fiscal year 1998’’. operations, export promotion and related thereto, done at Dayton, November 10 (b) REQUIREMENTS RELATING TO THE REPUB- programs, may be provided for any country through 16, 1995. LIC OF KOREA AND THAILAND.—Section described in subsection (d). (3) DEMOCRATIZATION ASSISTANCE.—The 514(b)(2)(B) of such Act (22 U.S.C. (b) MULTILATERAL ASSISTANCE.—The Sec- term ‘‘democratization assistance’’ includes 2321h(b)(2)(B)) is amended by adding at the retary of the Treasury shall instruct the electoral assistance and assistance used in end the following: ‘‘Of the amount specified United States executive directors of the establishing the institutions of a democratic in subparagraph (A) for fiscal year 1998, not international financial institutions to work and civil society. more than $40,000,000 may be made available in opposition to, and vote against, any ex- (4) HUMANITARIAN ASSISTANCE.—The term for stockpiles in the Republic of Korea and tension by such institutions of any financial ‘‘humanitarian assistance’’ includes assist- not more than $20,000,000 may be made avail- or technical assistance or grants of any kind ance for food, demining, refugees, housing, able for stockpiles in Thailand.’’. to any country described in subsection (d). education, health care, and other social serv- DELIVERY OF DRAWDOWN BY COMMERCIAL (c) EXCEPTIONS.— ices. TRANSPORTATION SERVICES (1) IN GENERAL.—Subject to paragraph (2), (5) TRIBUNAL.—The term ‘‘Tribunal’’ means subsections (a) and (b) shall not apply to the the International Criminal Tribunal for the SEC. 578. Section 506 of the Foreign Assist- provision of— Former Yugoslavia. ance Act of 1961 (22 U.S.C. 2318) is amended— (A) humanitarian assistance; (1) in subsection (b)(2), by striking the pe- EXTENSION OF CERTAIN ADJUDICATION (B) democratization assistance; or riod and inserting the following: ‘‘, including PROVISIONS (C) assistance for physical infrastructure providing the Congress with a report detail- projects involving activities in both a sanc- SEC. 574. The Foreign Operations, Export ing all defense articles, defense services, and tioned country and a nonsanctioned contig- Financing, and Related Programs Appropria- military education and training delivered to uous country, if the nonsanctioned country tions Act, 1990 (Public Law 101–167) is amend- the recipient country or international orga- is the primary beneficiary. ed— nization upon delivery of such articles or (2) FURTHER LIMITATIONS.—Notwithstand- (1) in section 599D (8 U.S.C. 1157 note)— upon completion of such services or edu- ing paragraph (1)— (A) in subsection (b)(3), by striking ‘‘and cation and training. Such report shall also (A) no assistance may be made available by 1997’’ and inserting ‘‘1997, and 1998’’; and include whether any savings were realized by this Act, or any other Act making appropria- (B) in subsection (e), by striking ‘‘October utilizing commercial transport services rath- tions for foreign operations, export pro- 1, 1997’’ each place it appears and inserting er than acquiring those services from United motion and related programs, for a program, ‘‘October 1, 1998’’; and States Government transport assets.’’; project, or activity in any country described (2) in section 599E (8 U.S.C. 1255 note) in (2) by redesignating subsection (c) as sub- in subsection (d) in which an indicted war subsection (b)(2), by striking ‘‘September 30, section (d); and criminal has any financial or material inter- 1997’’ and inserting ‘‘September 30, 1998’’. (3) by inserting after subsection (b) the fol- est or through any organization in which the DEVELOPMENT CREDIT AUTHORITY lowing: indicted individual is affiliated; and SEC. 575. For the cost, as defined in section ‘‘(c) For the purposes of any provision of (B) no assistance (other than emergency 502 of the Congressional Budget Act of 1974, law that authorizes the drawdown of defense foods or medical assistance or demining as- of direct loans and loan guarantees in sup- or other articles or commodities, or defense sistance) may be made available by this Act, port of the development objectives of the or other services from an agency of the Unit- or any other Act making appropriations for Foreign Assistance Act of 1961 (FAA), up to ed States Government, such drawdown may foreign operations, export promotion and re- $10,000,000, which amount may be derived by include the supply of commercial transpor- lated programs to any program, project, or transfer from funds appropriated by this Act tation and related services that are acquired activity in any area of any country described to carry out part I of the Foreign Assistance by contract for the purposes of the drawdown in subsection (d) in which local authorities Act of 1961 and funds appropriated by this in question if the cost to acquire such com- are not complying with the provisions of Ar- Act under the heading ‘‘Assistance for East- mercial transportation and related services S7648 CONGRESSIONAL RECORD — SENATE July 17, 1997 is less than the cost to the United States geted to support the economic and political intelligence information regarding human Government of providing such services from independence of the countries of the South rights abuses and acts of religious persecu- existing agency assets.’’. Caucasus and Central Asia. tion. SENSE OF THE SENATE REGARDING ESTONIA, (b) SENSE OF THE SENATE.—It is the sense WILDLIFE CONSERVATION of the Senate that the policy of the United LATVIA, AND LITHUANIA. SEC. 584. Of the funds appropriated by this States in the countries of the South SEC. 579. It is the sense of the Senate that Act, not more than $2,900,000 may be made Caucasus and Central Asia should be— Estonia, Latvia, and Lithuania— available for the Communal Areas Manage- (1) to promote sovereignty and independ- (1) are to be commended for their progress ment Programme for Indigenous Resources ence with democratic government; toward political and economic reform and (CAMPFIRE) in Zimbabwe: Provided, That (2) to assist actively in the resolution of meeting the guidelines for prospective NATO none of the funds appropriated by this Act regional conflicts; members; may be used to directly finance the trophy (3) to promote friendly relations and eco- (2) would make an outstanding contribu- hunting of elephants or other endangered nomic cooperation; and tion to furthering the goals of NATO and en- species as defined in the Convention on (4) to help promote market-oriented prin- hancing stability, freedom, and peace in Eu- International Trade in Endangered Species ciples and practices; rope should they become NATO members; of Flora and Fauna (CITES) or the Endan- (5) to assist in the development of infra- and gered Species Act: Provided further, That the structure necessary for communications, (3) upon complete satisfaction of all rel- funds appropriated by this Act that are pro- transportation, and energy and trade on an evant criteria should be invited to become vided under the CAMPFIRE program may East-West axis in order to build strong inter- full NATO members at the earliest possible not be used for activities with the express in- national relations and commerce between date. tent to lobby or otherwise influence inter- those countries and the stable, democratic, TO PROHIBIT FOREIGN ASSISTANCE TO THE GOV- national conventions or treaties, or United and market-oriented countries of the Euro- ERNMENT OF RUSSIA SHOULD IT ENACT LAWS States Government decision makers: Pro- Atlantic Community; and WHICH WOULD DISCRIMINATE AGAINST MINOR- vided further, That funds appropriated by this (6) to support United States business inter- ITY RELIGIOUS FAITHS IN THE RUSSIAN FED- Act that are made available for the CAMP- ests and investments in the region. ERATION FIRE program may be used only in (c) DEFINITION.—In this section, the term SEC. 580. (a) None of the funds appropriated ‘‘countries of the South Caucasus and Zimbabwe for the purpose of maximizing under this Act may be made available for the Central Asia’’ means Armenia, Azerbaijan, benefits to rural people while strengthening Government of Russian Federation unless Georgia, Kazakstan, Kyrgystan, Tajikistan, natural resources management institutions: the President determines and certifies in Turkmenistan, and Uzbekistan. Provided further, That not later than March writing to the Committee on Appropriations 1, 1998, the Administrator of the Agency for and the Committee on Foreign Relations of PROMOTION OF RELIGIOUS FREEDOM AND HUMAN International Development shall submit a the Senate that the Government of the Rus- RIGHTS report to the appropriate congressional com- sian Federation has enacted no statute or SEC. 582. (a) REPORTS.—Not later than mittees describing the steps taken to imple- promulgated no executive order that would March 30, 1998, and each subsequent year ment the CAMPFIRE program, the impact of discriminate, or would have as its principal thereafter, the Secretary of State shall sub- the program on the people and wildlife of effect discrimination, against religious mi- mit to the International Relations Commit- CAMPFIRE districts, alternatives to trophy norities in the Russian Federation in viola- tee of the House of Representatives and the hunting as a means of generating income for tion of accepted international agreements on Foreign Relations Committee of the Senate CAMPFIRE districts, and a description of human rights and religious freedoms to an annual report on religious persecution on how funds made available for CAMPFIRE in which the Russian Federation is a signatory, a country-by-country basis. Reports shall in- fiscal year 1998 are to be used. including the European Convention and the clude a list of individuals who have been ma- DEMOCRACY-BUILDING ACTIVITY IN PAKISTAN 1989 Vienna Concluding Document of the terially involved in the commission of acts Conference on Security and Cooperation in of persecution that are motivated by a per- SEC. 585. (a) OPIC.—Section 239(f) of the Europe. son’s religion. Foreign Assistance Act of 1961 (22 U.S.C. (b) This section shall become effective one (b) PRISONER INFORMATION REGISTRY.—The 2199(f)) is amended by inserting ‘‘, or Paki- day after the enactment of this Act. Secretary of State shall establish a Prisoner stan’’ after ‘‘China’’. SENSE OF THE SENATE REGARDING SUPPORT FOR Information Registry which shall provide in- (b) TRAINING ACTIVITY.—Section 638(b) of COUNTRIES OF THE SOUTH CAUCASUS AND formation on all political prisoners, pris- the Foreign Assistance Act of 1961 (22 U.S.C. CENTRAL ASIA oners of conscience, and prisoners of faith on 2398(b)) is amended— (1) by inserting ‘‘or any activity to pro- SEC. 581. (a) FINDINGS.—Congress makes a country-by-country basis. Such informa- the following findings: tion shall include the charges, judicial proc- mote the development of democratic institu- (1) The ancient Silk Road, once the eco- esses, administrative actions, use of forced tions’’ after ‘‘activity’’; and nomic lifeline of Central Asia and the South labor, incidences of torture, length of impris- (2) by inserting ‘‘, Pakistan,’’ after Caucasus, traversed much of the territory onment, physical and health conditions, and ‘‘Brazil’’. now within the countries of Armenia, Azer- other matters related to the incarceration of (c) TRADE AND DEVELOPMENT.—It is the baijan, Georgia, Kazakstan, Kyrgyzstan, such prisoners. The Secretary of State is au- sense of Congress that the Director of the Tajikistan, Turkmenistan, and Uzbekistan. thorized to make funds available to non- Trade and Development Agency should use (2) Economic interdependence spurred mu- governmental organizations presently en- funds made available to carry out the provi- tual cooperation among the peoples along gaged in monitoring activities regarding sions of section 661 of the Foreign Assistance the Silk Road and restoration of the historic such prisoners to assist in the creation and Act of 1961 (22 U.S.C. 2421) to promote United relationships and economic ties between maintenance of the registry. States exports to Pakistan. those peoples is an important element of en- (c) SENSE OF CONGRESS CONCERNING ESTAB- SENSE OF THE SENATE ON THE EUROPEAN COM- suring their sovereignty as well as the suc- LISHMENT OF A COMMISSION ON SECURITY AND MISSION’S HANDLING OF THE BOEING AND cess of democratic and market reforms. COOPERATION IN ASIA.—It is the sense of the MCDONNELL DOUGLAS MERGER (3) The development of strong political and Congress that Congress, the President, and SEC. 586. (a) FINDINGS.—(1) The Boeing economic ties between countries of the the Secretary of State should work with the Company and McDonnell Douglas have an- South Caucasus and Central Asia and the governments of the People’s Republic of nounced their merger; and West will foster stability in the region. China and other countries to establish a (2) the Department of Defense has approved (4) The development of open market econo- Commission on Security and Cooperation in that merger as consistent with the national mies and open democratic systems in the Asia which would be modeled after the Com- security of the United States; and countries of the South Caucasus and Central mission on Security and Cooperation in Eu- (3) the Federal Trade Commission has Asis will provide positive incentives for rope. found that merger not to violate the anti- international private investment, increased UNITED STATES INTELLIGENCE ACTIVITIES RE- trust laws of the United States; and trade, and other forms of commercial inter- LATED TO MONITORING HUMAN RIGHTS ABUSES (4) the European Commission has consist- actions with the rest of the world. AND RELIGIOUS PERSECUTION ently criticized and threatened the merger (5) The Caspian Sea Basin, overlapping the SEC. 583. (a) IN GENERAL.—The President before, during and after its consideration of territory of the countries of the South shall devote additional personnel and re- the facts; and Caucasus and Central Asia, contains proven sources to gathering intelligence informa- (5) the sole true reason for the European oil and gas reserves that may exceed tion regarding human rights abuses and acts Commission’s criticism and imminent dis- $4,000,000,000,000 in value. of religious persecution. approval of the merger is to gain an unfair (6) The region of the South Caucasus and (b) REPORT.—Not later than March 30, 1998, competitive advantage for Airbus, a govern- Central Asia will produce oil and gas in suffi- the President shall submit to the Permanent ment owned aircraft manufacturer. cient quantities to reduce the dependence of Select Committee on Intelligence of the (b) SENSE OF SENATE.—Now therefore, it is the United States on energy from the vola- House of Representatives and the Select the sense of the Senate that— tile Persian Gulf region. Committee on Intelligence of the Senate a (1) any such disapproval on the part of the (7) United States foreign policy and inter- report on the number of personnel and re- European Commission would constitute an national assistance should be narrowly tar- sources that are being devoted to gathering unwarranted and unprecedented interference July 17, 1997 CONGRESSIONAL RECORD — SENATE S7649 in a United States business transaction that WITHHOLDING ASSISTANCE TO COUNTRIES VIO- (2) Numerous members of Latin American would threaten thousands of American aero- LATING UNITED NATIONS SANCTIONS AGAINST military and security forces who have par- space jobs; and LIBYA ticipated in United States sponsored training (2) the Senate suggests that the President SEC. 591. (a) WITHHOLDING OF ASSISTANCE.— programs, have subsequently been identified take such actions as he deems appropriate to Except as provided in subsection (b), when- as having masterminded, participated in, or protect United States interests in connec- ever the President determines and certifies sought to cover up some of the most heinous tion therewith. to Congress that the government of any human rights abuses in the region. (3) United States interests in Latin Amer- RESTRICTION ON ASSISTANCE MADE TO THE country is violating any sanction against ica would be better served if Latin American PALESTINIAN AUTHORITY Libya imposed pursuant to United Nations Security Council Resolution 731, 748, or 883, military personnel were exposed to training SEC. 587. None of the funds appropriated or then not less than 5 percent of the funds al- programs designed to promote— otherwise made available by this Act may be located for the country under section 653(a) (A) proper management of scarce national obligated or expended with respect to provid- of the Foreign Assistance Act of 1961 out of defense resources, ing funds to the Palestinian Authority, un- appropriations in this Act shall be withheld (B) improvements in national systems of less the President certifies to Congress from obligation and expenditure for that justice in accordance with internationally that— country. recognized principles of human rights, and (1) the Palestinian Authority is using its (b) EXCEPTION.—The requirement to with- (C) greater respect and understanding of maximum efforts to combat terrorism, and, hold funds under subsection (a) shall not the principle of civilian control of the mili- in accordance with the Oslo Accords, has apply to funds appropriated in this Act for tary. ceased the use of violence, threat of violence, allocation under section 653(a) of the Foreign (4) In 1989, Congress mandated that the De- or incitement to violence as a tool of the Assistance Act of 1961 for development as- partment of Defense institute new training Palestinian Authority’s policy toward Israel; sistance or for humanitarian assistance. programs (commonly referred to as expanded (2) after a full investigation by the Depart- WAR CRIMES PROSECUTION IMET) with funds made available for inter- ment of Justice, the Executive branch of SEC. 592. Section 2401 of title 18, United national military and education programs in Government concludes that Chairman Arafat States Code (Public Law 104–192; the War order to promote the interests described in had no prior knowledge of the World Trade Crimes Act of 1996) is amended as follows— paragraph (3). Congress also expanded the Center bombing; and (1) in subsection (a), by striking ‘‘commits definition of eligibility for such training to (3) after a full inquiry by the Department a grave breach of the Geneva Conventions’’ include non-defense government personnel of State, the Executive branch of Govern- and inserting in lieu thereof ‘‘commits a war from countries in Latin America. ment concludes that Chairman Arafat did crime’’; (5) Despite congressionally mandated em- not authorize and did not fail to use his au- (2) in subsection (b)— phasis on expanded IMET training programs, thority to prevent the Tel Aviv cafe bombing (A) by striking ‘‘the person committing only 4 of the more than 50 courses offered an- of March 21, 1997. such breach or the victim of such breach’’ nually at the United States Army School of USE OF FUNDS FOR THE UNITED STATES-ASIA and inserting in lieu thereof ‘‘the person the Americas qualify as expanded IMET. ENVIRONMENTAL PARTNERSHIP committing such crime or the victim of such (b) LIMITATION ON USE OF FUNDS.—Notwith- crime’’; and standing any other provision of law, none of SEC. 588. Notwithstanding any other provi- (B) by inserting before the period at the the funds appropriated in this Act under the sion of law that restricts assistance to for- end of the subsection ‘‘or that the person heading relating to international military eign countries, funds appropriated by this or committing such crime is later found in the education and training may be made avail- any other Act making appropriations pursu- United States after such crime is commit- able for training members of any Latin ant to part I of the Foreign Assistance Act of ted’’; American military or security force until— 1961 that are made available for the United (3) in subsection (c)— (1) the Secretary of Defense has advised States-Asia Environmental Partnership may (A) by striking ‘‘the term ‘grave breach of the Secretary of State in writing that 30 per- be made available for activities for the Peo- the Geneva Conventions’ means conduct de- cent of IMET funds appropriated for fiscal ple’s Republic of China. fined as’’ and inserting in lieu thereof ‘‘the year 1998 for the cost of Latin American par- REQUIREMENTS FOR THE REPORTING TO CON- term ‘war crime’ means conduct (1) defined ticipants in IMET programs will be disbursed GRESS OF THE COSTS TO THE FEDERAL GOV- as’’; and only for the purpose of supporting enroll- ERNMENT ASSOCIATED WITH THE PROPOSED (B) by inserting the following before the ment of such participants in expanded IMET AGREEMENT TO REDUCE GREENHOUSE GAS period at the end— courses; and EMISSIONS ‘‘; (2) prohibited by Articles 23, 25, 27, or 28 (2) the Secretary of State has identified of the Annex to the Hague Convention IV, sufficient numbers of qualified, non-military SEC. 589. The President shall provide to the personnel from countries in Latin America Congress a detailed account of all Federal Respecting the Laws and Customs of War on to participate in IMET programs during fis- agency obligations and expenditures for cli- Land, signed on October, 1907; (3) which con- cal year 1998 in consultation with the Sec- mate change programs and activities, domes- stitutes a violation of common Article 3 of retary of Defense, and has instructed United tic and international, for fiscal year 1997, the international conventions signed at Ge- States embassies in the hemisphere to ap- planned obligations for such activities in fis- neva on August 1949; or (4) of a person who, prove their participation in such programs cal year 1998, and any plan for programs in relation to an armed conflict and contrary so that not less than 25 percent of the indi- thereafter in the context of negotiations to to the provisions of the Protocol on Prohibi- viduals from Latin American countries at- amend the Framework Convention on Cli- tions or Restrictions on the Use of Mines, tending United States supported IMET pro- mate Change (FCCC) to be provided to the Booby-traps and Other Devices as amended grams are civilians. appropriate congressional committees no at Geneva on 3 May 1996 (Protocol II as (c) REPORT.—Not later than 1 year after later than October 15, 1997. amended on 3 May 1996), when the United States is a party to such Protocol, willfully the date of enactment of this Act, the Sec- AUTHORITY TO ISSUE INSURANCE AND EXTEND kills or causes serious injury to civilians’’; retary of State shall report in writing to the FINANCING (4) by adding a new subsection (d) to read appropriate committees of Congress on the progress made to improve military training SEC. 590. (a) IN GENERAL.—Section 235(a) of as follows: of Latin American participants in the areas the Foreign Assistance Act of 1961 (22 U.S.C. ‘‘(d) NOTIFICATION.—No prosecution of any of human rights and civilian control of the 2195(a)) is amended— crime prohibited in this section shall be un- military. The Secretary shall include in the (1) by striking paragraphs (1) and (2)(A) dertaken by the United States except upon report plans for implementing additional ex- and inserting the following: the written notification to the Congress by panded IMET programs for Latin America ‘‘(1) INSURANCE AND FINANCING.—(A) The the Attorney General or his designee that in during the next 3 fiscal years. maximum contingent liability outstanding his judgment a prosecution by the United at any one time pursuant to insurance issued States is in the national interest and nec- LIBERATION TIGERS OF TAMIL EELAM under section 234(a), and the amount of fi- essary to secure substantial justice.’’. SEC. 594. SENSE OF SENATE.—It is the sense nancing issued under sections 234 (b) and (c), REFORM AND REVIEW OF UNITED STATES of the Senate that the Department of State shall not exceed in the aggregate SPONSORED TRAINING PROGRAMS should list the Liberation Tigers of Tamil $29,000,000,000.’’; SEC. 593. (a) FINDINGS.—Congress makes Eelam as a terrorist organization. (2) by redesignating paragraph (3) as para- the following findings: LIMITATION ON INTERNATIONAL MILITARY EDU- graph (2); and (1) United States training of members of CATION AND TRAINING ASSISTANCE FOR PERU (3) by amending paragraph (2) (as so redes- Latin American military and security forces SEC. 595. None of the funds appropriated or ignated) by striking ‘‘1997’’ and inserting that occurred primarily at the Army School otherwise made available by this Act may be ‘‘1999’’. of the Americas between 1982 and 1991 has provided to the Government of Peru for (b) CONFORMING AMENDMENT.—Paragraph been severely criticized for promoting prac- international military education and train- (2) of section 235(a) of that Act (22 U.S.C. tices that have contributed to the violation ing under chapter 5 of part II of the Foreign 2195(a)), as redesignated by subsection (a), is of human rights and have otherwise been in- Assistance Act of 1961, unless the President further amended by striking ‘‘(a) and (b)’’ consistent with the appropriate role of the certifies to Congress that the Government of and inserting ‘‘(a), (b), and (c)’’. Armed Forces in a democratic society. Peru is taking all necessary steps to ensure S7650 CONGRESSIONAL RECORD — SENATE July 17, 1997 that United States citizens held in prisons in of the ability to work out many things confidence of my colleagues, in Barry Peru are accorded timely, open, and fair even before they got to the floor. McCaffrey. This is a very difficult job legal proceedings in civilian courts. I have been both a manager and the he has taken on. It is tremendously LIMIT AID TO THE GOVERNMENT OF CONGO UNTIL ranking member of a lot of pieces of complex. It is obviously a source of PRESIDENTIAL CERTIFICATION legislation. What has been happening great, great disturbance in this coun- SEC. 596. None of the funds appropriated or with the appropriations bills is a model try to watch the ever-increasing pro- otherwise made available by this Act may be of the way it should be done—move liferation of illegal drugs, and obvi- provided to the Government of Congo until such time as the President reports in writing them, move them quickly. People have ously there is a domestic feature to to the Congress that the Government of an issue; vote on it and move on to the this and there is an international fea- Congo is cooperating fully with investigators next thing. The Senate is better served. ture to it. His job is not an easy one from the United Nations or any other inter- The country is better served. and he has to deal with people all over national relief organizations in accounting I commend my two colleagues for the globe. I think he does so with a for human rights violations or atrocities their help. great deal of integrity, seriousness, and committed in Congo or adjacent countries. Mr. MCCONNELL. Mr. President, I, forthrightness. He has been tremen- Titles I through V of this Act may be cited too, thank my good friend, PAT LEAHY, as the ‘‘Foreign Operations, Export Financ- dously responsive to those of us up ing, and Related Programs Appropriations for his marvelous cooperation and also here on Capitol Hill who care about Act, 1998’’. extend my thanks to Steve Cortese, di- this issue. The PRESIDING OFFICER. The Sen- rector of the full committee, who has I thank Senator MCCAIN for his re- ator from Kentucky. been a joy to work with, and Tim marks yesterday and associate myself, Mr. MCCONNELL. Mr. President, I Rieser of Senator LEAHY’s staff and, of as I said, with those remarks, and once see the chairman of the Appropriations course, long-time foreign policy ad- again express my high degree of con- Committee in the Chamber. I just want viser, now staff director of the sub- fidence in the General and my appre- to make the point that I think we must committee, Robin Cleveland, and Billy ciation as well for the work he has have achieved some kind of record here Piper and Will Smith, who have done done. in light of, in 3 days, having passed yeoman service and outstanding work Mr. President, I yield the floor. four bills. I congratulate him on his on this. I thank them. Mr. WELLSTONE addressed the leadership, which has pushed us in that I yield the floor. Chair. direction very skillfully. Mr. LEAHY. Mr. President, I also The PRESIDING OFFICER. The Sen- Mr. STEVENS. Mr. President, if the want to compliment Robin Cleveland ator from Minnesota. Senator will yield, I congratulate the and Will Smith of the committee staff f two managers of this bill, Senator and Billy Piper of Senator MCCON- PRIVILEGE OF THE FLOOR MCCONNELL and Senator LEAHY, for ac- NELL’s staff, and, of course, as he has Mr. WELLSTONE. Mr. President, I complishing almost the impossible— to already mentioned, Tim Rieser of my know my colleague from Iowa wants to have the foreign assistance bill passed staff, who has done so much on this, speak and my colleague from Arkan- in this manner. Emily East from the appropriations We had a meeting at the beginning of staff; Lesley Carson, who is a Javits sas. Could I just for a moment ask this year when I became chairman and scholar with the appropriations sub- unanimous consent that an intern, talked about trying to have a program committee; Dick D’Amato, a long-time Mara Davis, be allowed to be in the of crisis avoidance, and this is a good member of the appropriations staff, Chamber today. The PRESIDING OFFICER. Without example of it. These two Senators have and John Rosenwasser from the Budget objection, it is so ordered. worked with all Members who had Committee. There is an awful lot that Mr. BUMPERS addressed the Chair. amendments and tried to accommodate goes on among staff to make this pos- The PRESIDING OFFICER. The Sen- them, at least dealt with most of them, sible. We do not have the expertise of ator from Arkansas. and the result is on the floor being able the staff. We cannot move a bill this Mr. BUMPERS. Mr. President, what to pass this bill, and it is a great bill. quickly no matter how hard we Sen- is the parliamentary situation? What was the final vote? ators may try, and I commend the staff The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. It was 91 to 8. on both sides of the aisle in this case. ate has an order to go to a bill at 11:30. Mr. STEVENS. I can remember the The PRESIDING OFFICER. The Sen- Mr. BUMPERS. Mr. President, I ask days when this bill was filibustered for ator from Connecticut. unanimous consent that I be per- days and days and days. It is really a f mitted—I know the Senator from Ohio tribute to the two managers for having wants to introduce a bill, and I do not COMMENDATION OF GEN. BARRY accomplished this, and I congratulate want to delay that—but I ask unani- MCCAFFREY them very much. mous consent that I be permitted to Mr. LEAHY. Mr. President, if the Mr. DODD. Mr. President, during the proceed for 5 minutes in morning busi- Senator from Alaska will yield, I say consideration of the foreign operations ness. for my colleagues one of the joys of the appropriations bill yesterday, I offered The PRESIDING OFFICER. Without Appropriations Committee is that an amendment along with Senator objection, it is so ordered. there are a lot of senior Members on MCCAIN on the drug certification issue. f both sides of the aisle who are used to During the course of that debate, some working with each other to build the references were made to Gen. Barry DETERIORATION OF U.S. kind of personal relationships that are McCaffrey that I thought were unfortu- NATIONAL PARKS necessary. I cherish my own friendship nate and incorrect. Mr. BUMPERS. Mr. President, one of with the Senator from Alaska and the JOHN MCCAIN, our colleague from Ar- the truly great ideas that somebody Senator from Kentucky. We have izona, rightly stood up and pointed out came up with back in 1872 was to estab- worked together on a lot of different that Barry McCaffrey, whatever one’s lish the first national park. Ulysses pieces of legislation, not just this one views may have been on the certifi- Grant was President. Unhappily, that but a lot of others, and I think we un- cation issue, enjoys, I think, without same year Ulysses Grant signed a bill derstand there are certain things that any question, the tremendous con- called the mining law of 1872. But back can be done and certain things that fidence of the Members of this body. to the point. President Grant estab- cannot be done, and we go for the pos- We may disagree on various policy is- lished the first national park in this sible. sues. I wanted to associate myself with Nation. It has been a source of pride I note that this is a record, and I Senator MCCAIN’s remarks and express and usage and a great deal of euphoria commend the Senator from Kentucky my gratitude to General McCaffrey for for America’s people ever since. We in for getting it through so rapidly. But it taking on this job, one of the most dif- the Senate and in the House profess is a case, again, I would say to the ficult jobs in Government, that is, to our undying commitment to a National chairman of the Appropriations Com- be the drug czar. Park System second to none while we mittee, who sat down with us and tried Mr. President, I wanted to express have routinely starved the park system to give us leeway, a realistic schedule, my confidence, and I am confident the to death. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7651 Now, US News and World Report, on thing about it. Our priorities are ter- parks in the State of Alaska. I did, too. top of report after report that has been ribly skewed when we allow some of Those parks that we sought were ig- issued over the past 10 to 15 years, in these things to continue while the na- nored and, instead, we have vast areas the current July 21 edition, has an arti- tional parks, the greatest treasury we of parks that are out there. All they cle which I recommend to every Mem- possess in this country, decline. We have in them is Park Service employ- ber of the Senate called ‘‘Parks in just passed a defense bill, $268 billion, ees, accommodation for Park Service Peril’’. ‘‘The national parks have been and not an enemy in sight. There is not employees, no roads into them, no air- called the best America had. But their an enemy in sight; $268 billion, and we ports in them, but they are listed as wild beauty and historical treasures had one rollcall vote. I can remember national parks. are rapidly deteriorating’’—repeat, rap- when that bill would take 2 weeks to I ask you, if there is to be a rational idly deteriorating—‘‘from lack of pass. park system in the country, don’t you funds, pollution, encroaching develop- So, Mr. President, I speak with a think we ought to have accessibility to ment, overcrowding and congressional great deal of passion this morning be- areas that are set aside as national indifference.’’ cause I chaired the National Parks parks? Don’t you think we ought to be Mr. President, these parks are being Subcommittee for many years, and I concentrating now on maintaining the encroached on by development; they did everything I could to reverse the parks that are there so visitors can use are being stifled by pollution. On any policy that was so patently obvious to them? given day in the winter, the pollution me back then, years ago, that we were The answer now to people who are in at Yellowstone National Park from neglecting our national parks and we charge of the parks is to close the snowmobiles alone is equal to the smog were going to pay a price for it. One parks, to limit the number of people in Washington, DC. And the infrastruc- thing we have done is, while we added that go into the parks because the ture is falling down. Buildings are rot- a lot of parks, we have never added any maintenance is so bad that they think ting, buildings are decaying, and some funding. We are either going to have to the people coming in the parks will of the treasures such as Chaco Canyon fish or cut bait. We either have to get now destroy them. I agree, mainte- in New Mexico, some of those ancient rid of parks, which I don’t think any- nance is very bad. But parks are for ruins, are falling down for lack of body in this body favors, or we are people, I thought. money to restore them. going to have to fund them. And fi- I would like to have the Senator All this time, Mr. President, we allow nally, the last alternative is watch speak up. I do hope one of these days the mining companies, the biggest them fall apart before our eyes to the we can have a long discussion about mining companies in the world, to buy chagrin, dismay, disappointment, and the National Park System and how it Federal lands for $2.50 an acre, take outright animosity of the American has changed. It has changed to people billions of dollars of gold off those people for our indifference and neg- who want to control land from people lands and not pay the taxpayers of ligence to our National Park System. who want to preserve the very best and America one red cent. That is money I yield the floor. most beautiful portions of our country, that alone could reverse the deteriora- Mr. STEVENS. Will the Senator and that disturbs me greatly. tion of our National Park Service. We yield? I was hoping to have a little dis- Mr. BUMPERS. Let me say, I could have grazing laws in this country cussion with the Senator. What is the not agree with the Senator more, and I which are just short of scandalous, in time situation, Mr. President? also say some of the damage that is oc- which we allow some of the biggest cor- The PRESIDING OFFICER. At this curring in the National Park System is porations in America to lease grazing time there is no limitation on debate. not just to the infrastructure; that is, lands from BLM for a song. And one of Mr. STEVENS. Mr. President, I know the buildings, which can be replaced the worst tragedies of all is that we there is a Senator waiting here, but I and repaired. Some of the irreversible have a concessions policy where we would just like to ask my friend about damage is being done to the natural allow the concession stands at national the national parks, if he would re- beauty of the national parks, which parks to be handed down from genera- spond. I can remember so well, I cannot be undone. I could not agree tion to generation. You cannot take helped, worked with, President Eisen- more with the Senator that we have one away from a concessionaire under hower for what we called Mission 66, a added a lot of land. I am not saying we existing law. 10-year period to improve the parks. I did it wrongly. I am not saying we were Mr. President, the return now to the think, if the Senator would look at in error when we did it. I am saying we Park Service on concessions is about 6 that period, at the end of 1966 the parks can do both. We can have an expanded percent. About the only park we have were in the best condition they have park system and we can fund it. If the in our system with a concession, which been since the turn of the century. American people understand anything, was let 3 years ago on a competitive Since that time, the vision of the Park in my opinion, it is our skewed prior- basis, is Yosemite, and last year Yo- Service has been to add acreage to the ities here, what we spend money for. semite, the only park that has a con- parks. Today we see the parks in the If you were to take a poll—not ask cession policy that was competitively worst condition they have been in in for an extemporaneous response, but let, produced 37 percent. That one park my lifetime. Maintenance of the parks, say, ‘‘Which of the following do you produced 37 percent of all the return the accumulated maintenance that has consider the most important?’’ I dare- the Park Service got for all its conces- been deferred, is just overwhelming. I say the National Park System and the sions. think it would take the total annual maintenance of it for the enjoyment of We had a bill here that I sponsored appropriation of the Park Service to all the American people would rank that passed the Senate 99 to zip, went catch up just on deferred maintenance very near the top. We simply have not over to the House and died. If you were at the historic park sites, Yosemite, made a commitment. to pass another one today 99 to zip, it Yellowstone, and all of those that are You recall under President George would probably go to the House and in the south 48. Bush we did a very extensive study on die, because this suits the policy of too But my question to the Senator is, the National Park System, and they many Members of Congress while our we have now almost 80 percent of the came back and said it would take—that Park System deteriorates. land that is in the Park Service in my has been 8 years ago, a little over, I strongly recommend everybody State and we have about 1 percent of about 8 years ago—they said it would read this. The polls consistently show the Park Service money. I don’t think take $2 billion just to start doing the that the people of this country are anyone has looked at what has hap- infrastructure. That had nothing to do upset because we tolerate some of the pened to the parks, in terms of this with adding lands or anything else. kinds of corporate welfare I just de- rush to add acreage to the parks in- They said, in order to bring our parks scribed—rich people, the biggest cor- stead of maintaining discrete park up to par right now—that was 8 years porations in the world, not paying areas that are absolutely beautiful and ago with 8 years of inflation added to it their way. And oftentimes, because of need to be preserved. now—it would take $2 billion. the way we finance campaigns in this One of my predecessors, Senator As I say, everybody loves the parks. country, we can’t stop it or do any- Gruening, introduced a bill to establish Everybody in the Senate, everybody in S7652 CONGRESSIONAL RECORD — SENATE July 17, 1997 the House, would profess their undying we were hoping we would be able to in- Mr. President, this bill includes love for the National Park System, but troduce a bill and talk about it a little $11,315,801,000 for the Department of the we simply are not putting the money while. Given the important discussion Treasury. As my colleagues are aware, where our mouth is. that took place, I asked whether or not the Department of the Treasury has a That is the only point I want to we could extend 10 minutes beyond wide range of responsibilities directed make this morning, and that is the what we had originally planned for not only at the revenues and expendi- point this article makes in U.S. News & morning business. tures of the Government, but law en- World Report. I see the distinguished Mr. DEWINE. That would be 11:40. forcement functions as well. Senator who is now the chairman of Mr. STEVENS. May I inquire, how The Treasury Department is respon- the same committee I mentioned I many Senators are involved? sible for 40 percent of all Federal law chaired for many years. I will be happy Mr. WELLSTONE. Senator DEWINE enforcement, and adequate funding for to yield to him. and I wanted to introduce a bill. This this function has been a priority for Mr. THOMAS. Mr. President, I ask would give us altogether maybe 15 min- both Senator KOHL and myself. The the Senator if he is aware that the sub- utes between two people. subcommittee has done what we can to committee is now in the process of Mr. STEVENS. I will not object if it’s ensure that law enforcement agencies seeking to put together a plan, a long- just 10 minutes past the half-hour. funded in this bill have the resources term plan? All of us who understand The PRESIDING OFFICER. Without to do the job that we asked them to do that parks and their resources are one objection, it is so ordered. The Senator in the so-called war against crime. In of the most valuable resources that we from Ohio. addition, we have provided a total of have, that there are troublesome Mr. DEWINE. I thank the Chair. $131 million in the violent crime reduc- things happening and frankly there is (The remarks of Mr. DEWINE and Mr. tion trust fund. This is $12.7 million no plan in place and we need to have WELLSTONE pertaining to the introduc- more than requested by the President one—we need to talk about finances. tion of S. 1029 are located in today’s and $34 million more than provided in There needs to be some additional re- RECORD under ‘‘Statements on Intro- fiscal year 1997. sources for finances in addition to the duced Bills and Joint Resolutions.’’) This bill includes $121,124,000 for pay- appropriations. We need to talk about Mr. WELLSTONE. Mr. President, I ments to the U.S. Postal Service to re- how we do some bonding, how we do yield the floor. imburse them for providing free mail some private investment, how we do Mr. STEVENS. Does the Senator for the blind and for overseas voters some other kinds of things. In addition, yield back any time he might have? and for payment to the Department of we need to talk about the conces- Mr. WELLSTONE. I do. Labor for disability costs incurred by sionaires. We need to get that straight- Mr. STEVENS. Mr. President, I ask the old Post Office Department. ened out so it moves. We need to talk, that we proceed with the regular order. The Executive Office of the President frankly, about the management of the f and funds appropriated to the Presi- parks so we have a plan that has meas- dent total $485,225,000. This includes TREASURY AND GENERAL GOV- urable results so the plans that are set the Office of Drug Control Policy. ERNMENT APPROPRIATIONS ACT, for the Nation will also be applied in As many of our colleagues know, the 1998 the parks. And we have invited the ad- bill includes the administration’s pro- ministration to participate. The PRESIDING OFFICER. Under posal for a 1-year moratorium on new Fortunately, this morning we have a the previous order, the clerk will re- construction projects through the Gen- nominee for the Park Service. We have port S. 1023. eral Services Administration Federal not had a Park Service Director. So I The assistant legislative clerk read Buildings Fund. It is unfortunate, want to assure the Senator that there as follows: when we need so many renovations on is underway an effort to basically re- A bill (S. 1023) making appropriations for courthouses, that the GSA calculation form and move forward and, also, I for- the Treasury Department, the United States of rent income to the Federal building got to say, to have something that de- Postal Service, the Executive Office of the fund has been so inaccurate in the past fines more clearly what kind of a park President, and certain Independent Agencies, years that we are at a point where is appropriate to be part of the Na- for the fiscal year ending September 30, 1998, there is just barely enough money to and for other purposes. tional System so we are not taking in continue ongoing projects. what is more appropriately local recre- The Senate proceeded to consider the There is also $12.7 billion in manda- ation areas to be managed by the Na- bill. tory payments through the Office of tional Park Service. Mr. CAMPBELL addressed the Chair. Personnel Management for annuitants’ So I couldn’t share more the con- The PRESIDING OFFICER. The Sen- life and health insurance, as well as re- cerns that people have, but I wanted to ator from Colorado. tirement benefits. tell my colleague that we are moving Mr. CAMPBELL. Mr. President, my There has been considerable discus- forward with that and intend to have a colleague, Senator KOHL, and I are sion over the past couple of years plan before this Congress by the end of bringing before the Senate today the about the funding level for the Internal the year. Senate Appropriations Committee rec- Revenue Service. Many of us are very Mr. BUMPERS. I thank the Senator ommendation for the fiscal year 1998 disturbed that significant amounts of very much. I do not want to take any appropriations for the Department of money, over $4 billion, was wasted on more time of the Senator. the Treasury, U.S. Postal Service, the the tax modernization system. As a re- Mr. WELLSTONE. Mr. President, I Executive Office of the President, and sult, we have very carefully reviewed wonder if I could ask, colleagues have certain independent agencies. The bill the budget request from the IRS. We been involved in an important discus- we are presenting today contains a believe that the IRS should have suffi- sion. I think they probably would want total funding of $25,206,539,000. This is cient resources to maintain and even to go on more, but I know Senator $1,104,116,000 more than the fiscal year increase customer service levels, and DEWINE and I want to introduce a bill. 1997 level, and $455,866,000 less than the there must be enough to continue ef- We thought we might have a little President’s request. We are rec- forts to collect taxes due. As a result, more time. I ask unanimous consent ommending a total of $12,321,339,000 in we have proposed appropriations at the that morning business be extended for discretionary spending and level requested by the President for the an additional 15 minutes? $12,885,100,000 for mandatory programs three permanent accounts. However, The PRESIDING OFFICER. Is there over which this subcommittee has no we did not agree to the President’s re- objection? control. quest for an advance appropriation of Mr. STEVENS. Would the Senator re- Reaching this level has not been an $500 million to set up an account for fu- peat his request? easy task, and I certainly thank Sen- ture computer modernization efforts. The PRESIDING OFFICER. The Sen- ator KOHL, who has yet to arrive on the Although the IRS has developed and ator from Alaska. floor, for his hard work and continuing circulated a modernization blueprint, Mr. WELLSTONE. I asked unani- support and advice as we put this bill that is only a first good step. It was the mous consent that morning business— together. judgment of the subcommittee that July 17, 1997 CONGRESSIONAL RECORD — SENATE S7653 there must be more detailed informa- for an untried and untested media pro- Perrin, Lula Edwards, Barbara tion before we agree to additional gram. So I supported funding at a Retzlaff, Frank Larkin and Jay funds for future computer moderniza- smaller pilot program level, which Kimmitt. tion. would provide the administration and The PRESIDING OFFICER. Without The most critical problem facing IRS Congress with the evidence of the suc- objection, it is so ordered. is a century date change project. As a cess that is necessary when we are AMENDMENT NO. 921 result, we have set aside $325 million committing such huge taxpayer dol- Mr. CAMPBELL. Mr. President, I for this effort, in addition to funds al- lars. send an amendment to the desk and ready appropriated in fiscal year 1997 However, Senator CAMPBELL and I ask for its immediate consideration. and requested for fiscal year 1998. have come to a compromise position: The PRESIDING OFFICER. The Mr. President, this bill is the result funding the national media program clerk will report. of long, hard hours of work on the part for 1 year at $110 million, after which The assistant legislative clerk read of the members and staff of this sub- the program will be evaluated. as follows: committee. I want to thank them for We are also providing over $35 mil- The Senator from Colorado [Mr. CAMP- all of their efforts. I believe we have lion for community-oriented drug pre- BELL] proposes an amendment numbered 921. put together a very worthwhile bill and vention programs, such as a drug-free Mr. CAMPBELL. Mr. President, I ask hope we will have the support of the prison zone program and the initiation unanimous consent that the reading of Senate. of the Drug Free Communities Act the amendment be dispensed with. I now yield to our ranking member, grants. The PRESIDING OFFICER. Without my good friend, Senator KOHL. Finally, I want to highlight that no objection, it is so ordered. The PRESIDING OFFICER. The Sen- funds are provided for the General The amendment is as follows: ator from Wisconsin is recognized. Services Administration’s Construc- At the appropriate place, insert the follow- Mr. KOHL. Mr. President, I thank the tion and Acquisition Program. The ing: Senator. Federal buildings fund is experiencing SEC. . REGULATIONS CONCERNING THE IMPOR- As the distinguished Senator from a shortfall in revenue resulting from TATION OF CERTAIN FISH. Colorado has just indicated, we are GSA miscalculating rent income and (a) IMPORT COMPLIANCE.—Section 6(c) of bringing to the floor recommendations miscalculating construction comple- the Atlantic Tuna Convention Act of 1975 (16 on the fiscal year 1998 appropriations tion dates. While I am concerned over U.S.C. 971d(c)) is amended by adding at the level for the Treasury, general Govern- the financial situation generating this end the following: ment agencies. shortfall, I believe it provides a good ‘‘(8)(A)(i) Not later than January 1, 1998, the Secretary, in consultation with the Sec- First, I thank Senator CAMPBELL for opportunity to review the principles retary of the Treasury and the Secretary of his dedicated work on this bill. He has applied to the Courthouse Construction State, shall promulgate regulations to en- worked long and hard on the difficult Program. As a result, the report ac- sure that fish in any form that are— issues that he has just outlined for our companying the bill contains criteria ‘‘(I) subject to regulation pursuant to a colleagues. As a result of his efforts, I that the General Services Administra- recommendation of the Commission; and believe the committee has developed a tion and the Administrative Office of ‘‘(II) presented for entry into the United balanced approach for dealing with the the Courts must apply to future court- States; many programs and activities under house construction projects. have been taken and retained in a manner the jurisdiction of the subcommittee, According to these criteria, projects and under circumstances that are consistent while staying within the budget alloca- included in future requests must: with the recommendations of the Commis- tion. sion described in clause (ii). One, meet the design guide standards ‘‘(ii) The recommendations described in Since this budget allocation was $489 for construction; this clause are recommendations of the Com- million below the administration’s re- Two, reflect the priorities of the Ju- mission that are— quest, we have been required to make dicial Conference of the United States; ‘‘(I) made pursuant to article VIII of the some substantial reductions. However, Three, be included in the approved 5- Convention; and the subcommittee actions have re- year construction plan; ‘‘(II) adopted by the Secretary in the regu- sulted in a bill that is both fiscally re- And four, must be accompanied by a lations promulgated pursuant to this sec- sponsible and I also believe very rea- standardized courtroom utilization tion. sonable. study. ‘‘(B)(i) The regulations promulgated under this paragraph shall include, at a minimum, Senator CAMPBELL has discussed the It is hoped that the application of a requirement that the fish described in sub- major funding highlights, and rather these criteria will result in a well-jus- paragraph (A)(i) are accompanied by a valid than repeating those highlights, I will tified Courthouse Construction Pro- certificate of origin that attests that the fish limit my comments to a few areas that gram in the future. have been taken and retained in a manner I would like to emphasize. Mr. President, that concludes my and under circumstances that are consistent First, the funding provided for IRS highlights of the bill’s funding levels. with the recommendations described in sub- activities. Tax processing, tax law en- We believe we have provided the best paragraph (A)(ii). forcement and information systems is funding levels possible under the fund- ‘‘(ii) A certificate described in clause (i) at the President’s request. Addition- ing restrictions. may be issued only by the government of the nation that has jurisdiction over— ally, $325 million has been provided for Before I yield the floor, I also want ‘‘(I) the vessel from which the fish that is an information technology fund. While to acknowledge the fine work done by the subject of the certificate was harvested; we continue to have concerns over the the staff on this bill: or IRS modernization efforts, we believe Pat Raymond, Tammy Perrin, Lula ‘‘(II) any other means by which the fish that it is important to provide the IRS Edwards, Frank Larkin, and Barbara that is the subject of the certificate was har- with the tools necessary to collect Retzlaff, and others. I thank them for vested. taxes owed. By providing full funding, all their hard work in helping to bring ‘‘(C) The regulations promulgated under we can be assured that the critical cen- this bill before the Senate. this paragraph may limit the entry into the I yield the floor. United States of fish in any form if that lim- tury date change and data center con- itation is necessary to carry out the purpose solidation occur in a timely manner Mr. CAMPBELL addressed the Chair. of this paragraph. and allow the IRS to continue smooth The PRESIDING OFFICER (Mr. ‘‘(D) Beginning on February 1, 1998, the operations into the year 2000. THOMAS). The Senator from Colorado. Secretary of the Treasury shall prohibit the Second, the national media campaign PRIVILEGE OF THE FLOOR entry into the United States of fish in any proposed by the Office of National Drug Mr. CAMPBELL. Mr. President, I ask form that does not comply with the regula- Control Policy is not fully funded. I unanimous consent that the following tions promulgated pursuant to this para- fully support, of course, the efforts to individuals be granted privilege of the graph.’’. (b) REPORTS.—Section 11 of the Atlantic combat the drug problem in this coun- floor for the duration of the consider- Tuna Convention Act of 1975 (16 U.S.C. 971j) try, and I support the efforts in leader- ation of S. 1023, the Treasury and Gen- is amended— ship of Gen. Barry McCaffrey, but I am eral Government Appropriations Act of (1) by redesignating paragraphs (3) and (4) reluctant to provide billions of dollars 1998: Patricia Raymond, Tammy as paragraphs (4) and (5), respectively; and S7654 CONGRESSIONAL RECORD — SENATE July 17, 1997 (2) by inserting after paragraph (2) the fol- The PRESIDING OFFICER. The Sen- I know some people think we are not lowing: ator is recognized. even worth that much, so we probably ‘‘(3) lists each fishing nation from which Mr. BROWNBACK. Thank you, Mr. did a good thing by passing this amend- fish in any form was prohibited entry into President. ment on a voice vote. But I would like the United States pursuant to section I would like to say that the amend- 6(c)(8);’’. to point out a couple of things that ment that was just agreed to was to might put it in perspective. Mr. CAMPBELL. Mr. President, I eliminate the cost-of-living adjustment For example, in Senator D’AMATO’s yield to the Senator from Kansas, Mr. for the Members of Congress. and Senator MOYNIHAN’s State, the BROWNBACK, for the purpose of offering I think it is important that at this great State of New York, the mayor of a second-degree amendment. time when we are seeking to balance New York City earns $31,400 more than The PRESIDING OFFICER. The Sen- the budget, we not be seen as giving they do, the Senators of that State. ator from Kansas. ourselves a pay raise, to be able to es- In Dade County, FL, Senator MACK’s AMENDMENT NO. 922 TO AMENDMENT NO. 921 tablish this as an important issue. I do and Senator GRAHAM’s State, the su- (Purpose: To provide that Members of Con- not say that Members are overpaid, be- perintendent of the county gets $51,400 gress shall not receive a cost of living ad- cause I do not believe they are. But I more than the Senators of that State justment in pay during fiscal year 1998) do think we are moving forward to bal- or the Congressmen. Mr. BROWNBACK. Mr. President, I ance this budget, and we need to show The sheriff of Los Angeles County re- send an amendment to the desk. leadership by not receiving this COLA. ceives $88,400 more than anybody in the The PRESIDING OFFICER. The And that is why I put this amendment congressional delegation from Califor- clerk will report. forward. I am very appreciative that nia. The assistant legislative clerk read the author of the first-degree amend- I guess my message to the average as follows: ment, the manager of the bill, has voter would be, if you are really con- The Senator from Kansas [Mr. BROWNBACK] agreed to it and that it has been ac- cerned about elected officials, you proposes an amendment numbered 922 to cepted. ought to look at all of them, top to amendment No. 921. I yield the floor. bottom, and not just because Congress Mr. BROWNBACK. Mr. President, I Mr. CAMPBELL. Mr. President, I gets so much media attention when- ask unanimous consent that the read- suggest the absence of a quorum. ever they deal with this COLA or so- The PRESIDING OFFICER. The ing of the amendment be dispensed called pay raise. with. clerk will call the roll. Many of the other areas of the coun- The assistant legislative clerk pro- The PRESIDING OFFICER. Without try—I do not have the numbers right in objection, it is so ordered. ceeded to call the roll. Mr. CAMPBELL. Mr. President, I ask front of me—but if you track the in- The amendment is as follows: creases from 1970 to 1998, in fact, the At the appropriate place in the amend- unanimous consent that the order for the quorum call be rescinded. amount that congressional salaries ment, insert the following new section: have increased has been less than post- SEC. . Notwithstanding any other provi- The PRESIDING OFFICER. Without sion of law, no adjustment shall be made objection, it is so ordered. al workers, Social Security recipients, under section 601(a) of the Legislative Reor- Mr. CAMPBELL. I also ask unani- military wages, private-sector employ- ganization Act of 1946 (2 U.S.C. 31) (relating mous consent to have Senator ees, Federal employees, most civilian to cost of living adjustments for Members of WELLSTONE and myself added as co- employees, and literally everybody Congress) during fiscal year 1998. sponsors to the Brownback amend- else. But I would like to put that in Mr. BROWNBACK. Mr. President, I ment. context. have put forth this amendment in The PRESIDING OFFICER. Is there I yield the floor. working with the manager of the bill, objection? Without objection, it is so Mr. WELLSTONE addressed the the author of the first-degree amend- ordered. Chair. ment. I believe he has agreed to it Mr. CAMPBELL. Mr. President, sev- The PRESIDING OFFICER. The Sen- being a second-degree amendment. And eral Senators have said they wish to ator from Minnesota. I ask for its adoption. speak on this issue. Senator BYRD has Mr. WELLSTONE. We will have some The PRESIDING OFFICER. Is there indicated he would like to. He is in a discussion on this issue, I gather. And further debate? meeting and will not be here for a I wanted to say to my colleagues, that Mr. CAMPBELL. Mr. President, to short period of time. But those Sen- several days ago I sent a letter out to my knowledge, there is no opposition ators who would like to make com- every colleague saying that I was going on the majority side. We are prepared ments on that, we will do that. And we to have an amendment out here oppos- to accept this by a voice vote. will take something else up if he does ing the cost-of-living adjustment for Mr. KOHL. Likewise. not get here in a reasonable time. members of Congress—and you are The PRESIDING OFFICER. If there I would like to point out to my col- quite right, I say to my colleague from is no further debate, the question is on league from Kansas that this issue of Colorado, this is not a pay increase. agreeing to the amendment No. 922. so-called pay raises has always inter- This was just a cost-of-living adjust- The amendment (No. 922) was agreed ested me. As I looked up some of the ment. I would like to explain a little to. figures, I am sure that most of my col- bit about why I did this. Mr. CAMPBELL. Does the Senator leagues are aware that they do not Senator BROWNBACK has now come have further comments? have to take the cost-of-living increase out with the same amendment, so we The PRESIDING OFFICER. Is there allowance. They can turn it back to will work together. And it does not debate now on the first-degree amend- the Treasury if they do not want it. matter to me who does the amend- ment, as amended? They can give it to charities. There are ment. What matters is the effect of it Mr. CAMPBELL. Mr. President, I all kinds of things they can do with it. all. But I think that I may have some- suggest the absence of a quorum. But to put it in some perspective, what of a different framework than my The PRESIDING OFFICER. The since it seems to get an awful lot of colleague from Kansas, and so I want clerk will call the roll. discussion, particularly in election to spell out my reasons why I support The assistant legislative clerk pro- years, about Congress people and Sen- this amendment. And I am not going to ceeded to call the roll. ators getting an increase in salaries, I spend a lot of time on it. Mr. BROWNBACK. Mr. President, I thought I would contact the Congres- First of all, when I sent this letter ask unanimous consent that the order sional Research Service and find out out, I sent it only to my colleagues. I for the quorum call be rescinded. just how much taxpayers’ money goes was not interested in this becoming a The PRESIDING OFFICER. Without into salaries for Congressmen and Sen- major public issue, although when we objection, it is so ordered. ators. work this out on the floor, I suppose it Mr. BROWNBACK. Mr. President, I They tell me that one-tenth of one is a public issue. The reason for ad- would like to speak for 2 minutes on penny—one-tenth of one penny—is the dressing my colleagues is that I really the amendment, my amendment that average amount a taxpayer pays to think that if this amendment becomes was just agreed to. congressional salaries. a bashing of public service—and I know July 17, 1997 CONGRESSIONAL RECORD — SENATE S7655 some colleagues will interpret it that sacrifice all in the name of deficit re- the year before a Presidential election way—then it is a big mistake. If that is duction, and if we are going to make year, we will not take it then either. what the net effect of this amendment cuts in the most effective child nutri- We will not take it in the year 2000, is, I made a big mistake. tion safety program that we have ever which is a Presidential election year. I I think there are people here—Repub- had, then I just do not think this is a suggest we are going into the next cen- licans and Democrats; Democrats and time for us to be giving ourselves a tury with this maladjustment, as far as Republicans—who have a highly devel- cost-of-living increase. congressional salaries. oped sense of public service. If this In some context, I can see how the It does not make any difference to amendment, which is likely to be ac- argument over this cost-of-living in- me. It does not make any difference to cepted, contributes to an across-the- crease can be said to be about apples any of us. We are here. We made our board denigration of public service and and oranges. I really can. But the way commitment. What about those out all people in public service, then send- I see it as a Senator, in the context of there who should come and serve their ing this letter out to my colleagues still calling for people to make sac- country by being part of the legislative and saying that I would introduce this rifices in our country, that there ought branch of this Federal Government? We amendment would have been a mis- to be shared sacrifice. And I think, have raised the salaries of the people take. But I now join in sponsoring this given the fact that we all do well finan- who are Federal civilians downtown. amendment. cially in Congress, that it is a mistake We have raised the salaries of the Fed- This amendment will not make some to go forward with the cost-of-living eral employees. We have raised the people feel better about it. The reason increase. That is why I sent the letter payments made to Federal retirees. We I introduced it, and I wish to make this to my colleagues 2 days ago and why I have raised Social Security recipients. very clear—is because this past year, in announced my intention to introduce We have not raised for Members of Con- our deficit-reduction plans, as the Cen- an amendment. gress, and I predict we will not do it ter on Budget Alternatives and Prior- Senator BROWNBACK has now come unless we face up to the problem now. ities points out, 93 percent of the cuts out with an amendment. We will join The problem is not ours. The problem we made in discretionary spending af- together on this. The Senator can is what is going to be the judgment of fect low-income people and some of the speak for himself, but I wanted to the people who want to serve in the most vulnerable citizens in our coun- make my framework clear on why I am Congress when they start looking at try. against a cost-of-living increase. the income levels here in Congress In the welfare bill that we passed, $55 If there is further debate on this, I compared to their own income levels. billion of cuts disproportionately hurt have a more complete statement, but I Now, Mr. President, in 1970—and I legal immigrants—not illegal—many of have stated what I believe and there is was here then—my wife and I had just them elderly, many of them living no reason to speak at any greater bought a home here in Washington the alone, many of them with a combined length now. year before for $65,000. At the time, our income of $525 a month—all their Fed- I thank my colleagues. pay was $42,500. That house has now eral assistance was eliminated. Only Mr. STEVENS addressed the Chair. sold—we sold it some time ago—but I part of it was restored. The PRESIDING OFFICER (Mr. ROB- know that it sold for $450,000. Our pay And the other major area that suf- ERTS). The Senator from Alaska. here is roughly—not quite, but rough- fered was in food nutrition programs— Mr. STEVENS. Mr. President, I un- ly—three times the salary we had then. the vast majority of the cuts in the derstand the temper of the times, but I What I am trying to make people in welfare reform bill passed last Con- think some of us who have been the Senate think about is, what will be gress were in the Food Stamp Program. through this time and again have the the decision made by young people who Most of the beneficiaries hurt were duty to come forth and warn the Sen- are thinking about coming here when working poor people, many of them ate what it is doing. they look at the cost of living in Wash- children. Since 1970 to this year, 27 years, in 17 ington, DC, which is the highest now in So it just seems to me that if we are of those years the Senate has denied it- our Nation—the cost of property here, going to be making, in the name of def- self the cost-of-living adjustment. The the cost of renting a home or a con- icit reduction, cuts in programs, and net result is that while Social Security dominium. I am talking about family the disproportionate share of those recipients’ pay, whatever you want to people. When we came down here, we cuts affect the most vulnerable people call it, their checks have gone up by came down here with five children and in our country, many of them children, 421.3 percent in that period, the pay for had to have a home that five children many of them poor, I just cannot see Members of Congress have gone up 214.4 could live in. There is no way a person how we can give ourselves a cost-of-liv- percent. can come here now at the salary level ing increase. I will mention a lot of statistics here, we have now and buy a home for that, I do not even know what we make— Mr. President, so I ask unanimous con- where five children can live with their I guess around $130,000 a year. I put sent the two documents I have, one en- mother and father, unless they are ex- high value on the work we do here. But titled ‘‘Increases, 1970–1997,’’ and the tremely wealthy. I just want to point out that a col- other, ‘‘Percent Changes 1970–97,’’ be What the Senate is doing, in my league asked me yesterday, after I sent printed in the RECORD after my re- judgment, is setting the course to as- this letter out, ‘‘Well, come on, PAUL. marks. sure that the people serving in this Would there be a time where you would The PRESIDING OFFICER. Without body will either be multimillionaires vote for this? Isn’t this just what you objection, it is so ordered. or they will be the people who are not do every year?’’ Well, I do not offer this (See exhibit 1.) capable of earning over $100,000 any- amendment every year. So I said, ‘‘Ab- Mr. STEVENS. Mr. President, the way. Now, maybe I am being too tough solutely, yes, but not in the context of last time congressional salaries were about this, but I think it is time to get what we have done as a Senate and a given a cost-of-living adjustment—and tough about this issue and have people House.’’ this is not a pay raise—was in 1993. The understand that the cost-of-living ad- I am sure some people believe we pay raise for Federal employees that justment is less than the Consumer have done the right things here in Con- year was 3.7 percent, the COLA’s for Price Index increase—less. In other gress. No one has a corner on political Congress were 3.2 percent. In 1992, the words, it means for people living here truth. Maybe people felt the votes we cost-of-living adjustment for Federal now, we are adjusting their salaries have made, for deficit reduction and employees was 4.2 percent, and for now with a cost-of-living adjustment, for cuts in different programs, were the Members of Congress it was 3.5 percent. for the cost increase, really, for the pe- right thing to do and had to be done. We are now in a situation where, in riod starting 18 months ago until 6 But it does seem to me that it is just my judgment, if we don’t take this months ago, and we are trying to ad- not right, if we are going to call on cost-of-living adjustment for this year, just it now for what the costs were many citizens to sacrifice for deficit I am sure we will not take it next year back then. It is not a salary increase. reduction, and in particular, call on being an election year. That means we This is for the cost of living in this low- and moderate-income families to will not take it until 1999. Since that is area. S7656 CONGRESSIONAL RECORD — SENATE July 17, 1997 Now, people talk to me, well, you can nize that this structural change in the either their great wealth or their in- live in Minnesota or maybe you can salary, vis-a-vis the salaries of com- ability to earn the same amount of live in Kansas, maybe you can live parable jobs in the economy, that the money before they got here. Many peo- somewhere else for a lot less money. It salary increase must come. So instead ple take a sizable decrease in income to happens to be, in my case, my cost of of recognizing this as a cost-of-living come here. But what we are telling the living in Alaska is just slightly higher adjustment and treating it as such and younger people now—and we are trying than this. But as a practical matter, providing that we take a minimum to attract younger people. When I came the judgments made by future genera- amount—and by the way, in most in- here, the average age was almost 70; tions will be: We, as a family member, stances we have taken less than was today, I think it is down to almost 50. cannot take that job. available. For instance, in 1979, the We are still trying to attract younger Now, we get a lot of demagogic type Federal employees got a 7-percent in- people. This is a dynamic society and of letters—they come in from my con- crease, Federal retirees got 11.1, Con- we should do that. But can you do that, stituents, too—‘‘You are not worth gress gave itself 5.5. We kept the cost Mr. President? Can you look a young that money; why don’t you come of living down each time. But when we man or woman in the eye and say: You home?’’ The real question is, what did it, we did not have the total struc- can move to Washington, you can af- would they do if the people were here tural impact of denying it altogether. ford to live there and serve for 2 years that they believe should be here? The Now, the structural situation will be, in the House or 6 years in the Senate, people would either work for nothing, if I am right, that we will not have a or maybe two terms. You can keep because they are so rich they can, or cost-of-living increase next year or the your family there, and you can keep the people that could not make the next 2 years. We will go into the 21st your house at home, and you can be money that they would make here century with a salary level of 1993. In able to return to your life when you would come for the pay. Now, Mr. that year, again, we had a 3.2-percent finish the service, without having lost President, we have to make up our COLA and Federal employees had 3.7 your future as far as your career is mind what kind of a body we want in percent. If you look at my charts that concerned. the Congress. From my point of view, are included in the RECORD, using the This is not right. It is not right. I we want people with capabilities who CPI in this period of 27 years, which have made this speech before and it can perform jobs that are needed to be has been 315.7 percent, we have taken a doesn’t seem to make any difference to performed. 214.4-percent total cost-of-living anybody. But I am compelled to do it Take my colleague from Wyoming, change. Social Security recipients had again because I have served here longer Senator ENZI, the only accountant in 421.3 percent; postal workers, 370 per- than any Member of our side of the this body—the only accountant in the cent; the military, 360 percent; Federal aisle on the committee that has juris- Senate. What are we dealing with now? retirees, 328 percent; private-sector em- diction on this subject. I cannot believe Massive, complex tax issues, complex ployees, 265 percent; Federal civilians, we would continue to make this error. problems of accounting. The people 334 percent. We are at least 100 percent I believe that Members have left this that are going to come here are going structurally below the comparable sal- body—and there are some leaving it to be motivated by trying to do a job. ary base in this 27-year phase. now —not because they have served too The ones who cannot come here, de- What does that say to young people long, or they don’t like the job, or they spite that motivation, will be the ones about serving in the Congress? Even if haven’t done a good enough job, but who cannot afford to live a family life it is on a two-term basis limit, to be they cannot plan for their future. At in this town at that salary. here for 12 years and take a structural one time, I had five children in college. Keep in mind something else. We level of 15 years to start with and serve At that time, thank God, there were don’t come here permanently. As a with people who will not take the cost- jobs they could get during the summer, matter of fact, most people who would of-living adjustment while you are here and we were able to help them and they vote for this do not want us to come for anyway, I think this is destroying the all got through. But, today, a Senator more than two terms anyway. But as a system that we have today of citizens with five children, with the cost of practical matter, we all maintain a who commit themselves to be part of a housing, and five going to college, why, home in our home States. We have ex- great democracy. We have not done that person would have to vote from penses there and we have expenses this to the people who work downtown the poor house, Mr. President. here. There is no one in the employ- for the President. Presidential salaries This job ought to pay what it is ment scene today that has that situa- have changed and so have the salaries worth to society. This is the job of the tion other than Members of Congress. of the executives on a Presidential ap- continuity of the American system. We Now, I voted—it was a voice vote— pointment level. serve for 6 years. We volunteer for that but I voted against it and I would vote We have, by the way, impacted the job and we are the institutional mem- against it on a recorded vote because Judiciary, and I think that is some- ory of the American democracy. I am we were taking an action to deny Mem- thing other people will talk about and alarmed that there are not enough peo- bers of Congress, for the fifth time, a I will talk about later, too, because the ple on this floor that realize that. I am cost of living, which is a structural Federal Judiciary, while it does have a truly alarmed at the number of people change. What it will mean is, down- better system in the sense there is no that, for political reasons, or other rea- stream someone will have to have the contribution for a Federal judge for his sons, or campaign promises, would courage to make the adjustment. Inci- or her retirement, as we contribute, it harm the future of the Senate, would dentally, we have had three times when is lifetime pay. When they retire, they harm the democracy by telling the that happened. In 1977, the Congress get the full amount of their salary, not American people that you will either made a 28.9-percent change. That was a a percent as we do based on the number turn the Senate over to the very, very salary increase, but it was to make up of years we have been here. But as a wealthy or those who could not earn as for the fact that in 6 of the previous 7 practical matter, with the three much anywhere else. years Congress had not taken the cost- branches of Government, the only part, Now, the time will come when we of-living adjustment. Again, in 1982, we through self-flagellation, that destroys will face up to this. It will probably be took a 15-percent change. It was be- the future of the body is the Congress in 2001. As I add it up, roughly, the per- cause in 3 of the previous 4 years Con- itself. It is a great mistake. It is a centage of pay increase then to recover gress had not taken a cost-of-living ad- great mistake. I think we all make sac- the structural balance will be in the vi- justment. In 1987, we again took a rifices to come to this job, anyway. cinity of 35 percent. How many people change. It was because, again, we had I can tell the Senate that when I are going to want to do that in their in 2 of the previous 4 years not taken came to the Senate, I was making more first term? How many people are going the cost-of-living adjustment. Again, in than three times my salary as a pri- to want to do that, who are just up for 1991, we had a 27.1-percent increase. vate lawyer in Alaska. Many people election? I have just mentioned two- What I am saying is, you kid yourself come here and take a reduction in in- thirds of the body then. as much as you want, the time will come. There are others who come here So I say the demise of the American come when Congress will have to recog- and it makes no difference, because of democracy is here. That is why the July 17, 1997 CONGRESSIONAL RECORD — SENATE S7657 Constitutional Convention argued INCREASES, 1970–97—Continued here in the Congress, and the sacrifices about who should determine what [In percent] that we have asked of all Americans, Members are paid. They were talking especially low- and moderate-income about citizen legislators then, not peo- Mem- Federal Social people that I believe it is wrong for the Year bers of employ- Federal Secu- Con- retirees 1 ple who came here and stayed 7, 8 ees rity 3 Members of Congress to receive a cost- months a year. They are talking about gress of-living increase. We have made a lot people who could go home, people who 1980 (June) ...... 0 9.1 14.2 14.3 of cuts in programs. Again, in the 104th 1981 (June) ...... 0 4.8 4.4 11.2 lived within the original 13 States. My 1982 (June) ...... 15.0 4.0 8.7 7.4 Congress, more than 90 percent of the home is closer to Beijing than it is to 1983 (Dec.) ...... 0 0 3.9 3.5 budget reductions in entitlement pro- 1984 (Dec.) ...... 4.0 4.0 0 3.5 Washington, DC, and this is a 50–State 1985 (Dec.) ...... 3.5 3.5 3.5 3.1 grams came from programs affecting Union now. My colleague from Hawaii 1986 (Dec.) ...... 0 0 0 1.3 low-income people. If we are going to 1987 (Dec.) ...... 18.6 3.0 1.3 4.2 lives almost as far away. If anyone 1988 (Dec.) ...... 0 2.0 4.0 4.0 argue that that has to be a part of the wants to look at costs, they ought to 1989 (Dec.) ...... 0 4.1 4.0 4.7 sacrifice, I don’t see how we can then 1990 (Dec.) ...... 5 7.9 3.6 4.7 5.4 look at the cost of representing those 6 9.9 go forward with a cost-of-living in- two States. But the main thing is, we 1991 (Dec.) ...... 5 29.5 4.1 5.4 3.7 crease. We will still be making more 6 27.1 think about the structural salary level 1992 (Dec.) ...... 3.5 4.2 3.7 3.0 than $133,000 next year without the in- for the future. I am not going to be 1993 (Dec.) ...... 3.2 3.7 3.0 2.6 crease. 1994 (Dec.) ...... 0 2 4.23 2.6 1.8 around here that long—maybe longer 1995 (Dec.) ...... 0 2 3.22 2.8 2.6 But, Mr. President, my colleague than some people think. But, Mr. 1996 (Dec.) ...... 0 2 2.54 2.6 2.9 from Alaska has come to the floor and 1997 (Dec.) ...... 0 2 3.33 2.9 ...... President, we will witness the decline has made several arguments that I in the value of the Congress and the Totals 4 ...... 214.4 334.3 328.2 421.3 have to address. First of all, Mr. Presi- American society if we don’t have the 1 Reflects COLAs paid to CSRS retirees. dent, my colleague suggests that if 2 Reflects Washington, D.C. pay adjustment. young people know they can only make guts to stand up to the demagogs and 3 Benefit increases are actually paid in checks issued the first of the fol- tell them that pay for the Congress lowing month. $133,000 a year, why would they want to 4 Totals reflect compounding, hence they sum to more than the annual in- ought to be sufficient to attract the creases. serve in the Senate or House? He goes most capable people in our society. The 5 Representative. 6Senator. on to suggest that the only people are capability is what counts. Percent Changes 1970–97 in— going to come here are either million- I am disturbed that, once again, we Indexes for: Percent aires or people who could not make will deny the economic cycle that CPI (projected) ...... 315.7 $100,000 a year. causes an adjustment being necessary, ECI (projected) ...... 311.4 I was a teacher. I didn’t make any- and we will say, as soon as we balance Wages or pensions for: where near $100,000. By my colleague’s the budget in 2002, if I am hearing Postal workers, wages ...... 370.6 standard, 95 percent of the people of Social Security recipients ...... 421.3 right, it may be 2003 before it is Military, wages (excl, fringe the United States of America are the changed. That would be 10 years. How benefits) ...... 360.3 people who can’t make $100,000 a year, many people will decide not to come Private sector employees, wages 265.1 because they clearly don’t. Let’s not because of that, Mr. President? How Federal retirees ...... 328.2 assume that because someone was a many brilliant minds will be denied the Federal civilians (GS), wages ..... 334.3 teacher or a wage earner, and didn’t American Congress because of that? I Members of Congress, wages ...... 214.4 make $100,000 a year, that somehow think it is wrong. they don’t have that much value. What I am going to speak at length when Amounts Congressional Salary in the world does that comment mean? the time comes, and I am going to would be if Adjusted by Per- You know, with all due respect, I think centage Change in Above Cat- show what has happened to other coun- egories:— most people in the country would tries when they followed and pursued Amount think $133,000 a year is a darn good sal- this course and how they have deterio- CPI (projected) ...... $176,700 ary, because 95 percent of the people in rated. The deterioration of America is ECI (projected) ...... 174.800 this country don’t even make $100,000 a something that we should worry about Postal workers, wages ...... 200,000 year. Maybe we just need to get a little in terms of democracy. My prede- Social Security recipients ...... 221,500 bit more real about this for a moment. cessors used to go take the train across Military, wages (excl. fringe bene- I didn’t want to get into this argu- the country and then take a steamship fits) ...... 195,600 ment, but if that’s the kind of argu- Private sector employees, wages .. 155,200 ment that is going to be made, I would up to Seward in our State and a rail- Federal retirees 1 ...... 182.000 road up to Fairbanks and go home once Federal civilians (GS), wages 2 ...... 184,600 like to make it clear that, having been a year. I go home 15 to 30 or 35 times a Actual 1997 Congressional salary .. 133,600 one of those individuals that falls into year. It is a different society. 1 Reflects COLAs paid to CSRS retirees. my colleague’s category of not being I am telling the Senate, unless we are 2 Reflects Washington, D.C. pay adjustment. able to make $100,000 a year, I think willing to recognize this different soci- Mr. WELLSTONE addressed the that this is an argument that is way ety and the dynamic society that needs Chair. out of whack with reality. people who are family people, who The PRESIDING OFFICER. The Sen- I doubt whether, if you took a poll, must make sacrifices to start with, but ator from Minnesota is recognized. most of the people in the country should not have to make this kind of Mr. WELLSTONE. Mr. President, as I would believe that a salary of $133,000 a sacrifice, to accept a structurally im- said earlier, I sent a letter out to my year is a disincentive for somebody balanced salary caused by the inability colleagues a couple of days ago and wanting to take this job. I don’t be- of each successive Congress to face up now this amendment has been intro- lieve that. I don’t believe that most to reality. duced. I spoke earlier about it, and I young people in this country would not EXHIBIT 1 will again. I want to respond to some run for the U.S. Senate because they comments—if the word ‘‘demagog’’ is are only going to be able to make INCREASES, 1970–97 going to be used, I want to respond. $133,000 a year. I don’t believe that for [In percent] I said earlier that if the net effect of a moment. When some of my col- this amendment is to encourage the leagues say that this would be a reduc- Mem- Federal Social tion in salary, the vast majority of the Year bers of employ- Federal Secu- denigration of public service and peo- Con- retirees 1 rity 3 people in the country would not view it gress ees ple in public service, then I am mis- taken in offering this amendment—the that way. That argument just doesn’t 1970 (Jan.) ...... 0 6.0 5.6 15.0 Wellstone-Brownback amendment. make sense to me. As I said, I didn’t 1971 (Jan.) ...... 0 6.0 4.5 10.0 1972 (Sept.) ...... 0 10.9 4.8 20.0 Several days ago, I felt that I needed to want to get into these arguments, but 1973 ...... 0 4.8 6.1 ...... get started on this and announced I if the word ‘‘demagog’’ is going to be 1974 (June) ...... 0 5.5 12.1 11.0 1975 (June) ...... 5.0 5.0 12.8 8.0 would do it when this bill came to the used, then I do want to respond. 1976 (June) ...... 0 4.8 5.4 6.4 floor. I then went on to say that in the Second of all, Mr. President, if we are 1977 (June) ...... 28.9 7.1 9.3 5.9 1978 (June) ...... 0 5.5 7.4 6.5 context of what we have been doing going to start talking about the finan- 1979 (June) ...... 5.5 7.0 11.1 9.9 cial pressures that we as Senators feel S7658 CONGRESSIONAL RECORD — SENATE July 17, 1997 with our income, for those of us who I think that one of the major reasons this amendment don’t make any sense. aren’t independently wealthy, and people are not running for office is it They really do not make any sense. talking about our need for two homes costs so much money to run for office. I believe that it is important that or to send children to college, that’s a If we really want more women and men people be able to make a decent in- valid point. A lot of people feel that from all sorts of different social and come. We should vote, at the right pressure. The median income in our economic backgrounds to run for office time, for a cost-of-living increase, and country is around $36,000 a year. There in our country, it doesn’t have much to not try to do this through the back are a lot of people with two or three do with whether or not we make door. People believe this is the right children. There are a lot of people try- $133,000 or $134,000 a year. Most people way to do an increase. But I don’t see ing to figure out how to afford to send think that is a fine salary. It has much how we can do it in the context of the their kids to college. There are a lot of more to do with the fact that people decisions that we have made and the people who are trying to get affordable know that they have to raise millions sacrifice that we have called for from child care or to figure out how to buy and millions of dollars. Either they the people in this country that have a home or pay rent. And by the way, themselves are millionaires and they been most affected by the decisions. I when we talk about trying to pay rent, have the money—and we have some don’t see how, if we are going to make I note that we have also been cutting people in this Senate who are independ- the argument that people feel an eco- low-income housing assistance. So ently wealthy, who are some of the nomic squeeze at $133,000 a year, while when I hear this argument that the best Senators. That is a fact. I don’t most of the cuts we make in discre- only people that are going to come think that is the issue. The issue is all tionary programs hurt low- and mod- here are millionaires or people who of this money that people have to erate-income families and their chil- can’t make $100,000 a year, there is an raise. dren in the name of sacrifice and in the implication that these aren’t the peo- Give me a break. Don’t tell me that name of deficit reduction, that this is ple you want to have come here. I the reason people do not run for office the right time for us to go forward think it would be good if we have lots and young people aren’t interested in with a cost-of-living increase. of those people here. I sure didn’t feel public life is because they are now find- That is the purpose of what I called like I was not of value to this body be- ing out they are only going to make the Wellstone-Brownback amendment, cause I didn’t make anywhere close to $133,000 a year. I think that is ridicu- or whatever we wish to call it—it’s $100,000 a year before I came here. lous. name doesn’t matter. When I hear the argument made that I think the reason many people don’t Obviously, this amendment is going people would not want to serve, that run for office is twofold: First, it costs to be accepted. Is my understanding young people would not want to serve, so much money. It is obscene, and a lot correct that this amendment is going and people don’t want to run for office of people do not have the stomach for to be accepted? because they would only be able to it. They don’t want to do it. And I Mr. CAMPBELL. Yes. make $133,000 a year without this cost- don’t blame them. I think they wonder Mr. WELLSTONE. I will just say be- of-living increase, I frankly think it is how we have the stomach for it. I think fore I yield the floor that I thought it not a credible argument. I think 99.999 they think that maybe we are a little would be done in a short period of time. percent of the people in the country off. Or second, and just as important— Are other colleagues going to come out think they could get along on our sala- and I could sure draw from some exam- and speak—I understand they are. Is ries. The third point, Mr. President, ples, but I will not because I might be that correct? that I want to make is that if we are violating Senate etiquette if I do—is Mr. CAMPBELL. Senator BYRD has going to talk about the squeeze that we why in the world when we have this said he wishes to speak on it. He is in feel at $133,000 a year, then how come search-and-destroy, slash-and-burn pol- a meeting now, however. in some of the decisions that we have itics, where people do anything to Mr. WELLSTONE. Mr. President, I made about sacrifice, cuts in health win—that anybody wonders why people will yield the floor for now. If other care programs, nutrition programs, do not want to run for office? Does colleagues are going to speak, I will housing programs—which basically af- anybody here, Democrat or Republican want to come back—I think they may fect and end up lessening opportunities alike, really believe that the reason want to take part in this discussion— for low- and moderate-income fami- younger people, and not such young only because I want to be clear why I lies—how come we then don’t have the people, do not run for office is because am doing this and why I think it is the same concern for those families? they can only make $133,000 a year? right thing for Congress. Other people If we are worried about how, on Don’t you think it might have some- $133,000 a year, we can send our kids to may have very different arguments to college or afford housing, why aren’t thing to do with our failure to clean up make, and if anyone else is going to we as worried about middle-income and this mess, to come together and pass use the word ‘‘demagogue’’ then I am working families? I think this is a slip- some kind of good campaign finance re- certainly going to come back out here pery-slope argument. We had better get form bill? And don’t you think it has a to debate on this amendment. to work thinking about the couple who lot to do, Republicans and Democrats With that, Mr. President, I yield the work, in their early thirties and who alike, with the way in which we have floor. make, combined, $35,000 a year. We had let all of these handlers move in and Mr. CAMPBELL addressed the Chair. better start thinking about them be- run our campaigns, putting attack ads The PRESIDING OFFICER. The Sen- cause if all of a sudden we are going to on television which try to destroy can- ator from Colorado. be talking about how we just can’t didates? Don’t you think this is what Mr. CAMPBELL. Mr. President, I make it on $133,000 a year, then surely makes most people in the country just thank my colleague, Senator we must understand how people—mid- a little bit skeptical about whether or WELLSTONE, for his comments. dle-income and working families with not they would want to run for office Just to clarify where we are, incomes of $35,000 to $38,000 a year—feel and serve? I would just suggest to my the Brownback-Wellstone-Campbell a terrible squeeze. It is just an incon- colleagues that this situation is far amendment has been accepted by a sistent argument for us to make. more the issue than a cost-of-living in- voice vote. Mr. President, if I am wrong about crease. I ask unanimous consent, if there are why we should not have a cost-of-living Finally, I will just go back to the no further comments right now, that increase, I have made a big mistake first point I made today. I was just re- the pending amendment be set aside to and apologize. But if not having a cost- sponding to what was said by my friend offer two technical amendments. of-living increase this year and staying from Alaska—and to the concern about The PRESIDING OFFICER. Without at $133,000 is the reason why people are demagoguery on this issue. I admire objection, it is so ordered. not going to run for office, which my people who come out here and say, ‘‘I AMENDMENT NO. 923 colleague from Alaska thinks is the disagree.’’ I am quite often on the side (Purpose: To move a section to a new case, he is right, and I am wrong. But of something that is not popular. But I location in the bill) I don’t think that is the major reason do believe that the arguments so far Mr. CAMPBELL. Mr. President, I why people aren’t running. that have been given in opposition to send an amendment to the desk. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7659 The PRESIDING OFFICER. The northern Vermont. Torrential rains TREASURY AND GENERAL GOV- clerk will report. sent floodwaters ripping through com- ERNMENT APPROPRIATIONS ACT, The legislative clerk read as follows: munities and over farmland, tearing 1998 The Senator from Colorado [Mr. CAMP- bridges from their foundations, shred- The Senate continued with the con- BELL] proposes an amendment numbered 923. ding roads and stranding hundreds of sideration of the bill. On page 71, lines 13 to 18, move Sec. 514 to people. The floods that swept through Mr. MCCAIN. Mr. President, I recog- page 93 and insert after the period on line 3. sections of northern Vermont were the nize and appreciate the hard work of Mr. CAMPBELL. Mr. President, this worst in over 70 years. Up to 6 inches of the Appropriations Committee staff in amendment has been cleared by the rain fell overnight. Flash floods turned putting together this detailed legisla- minority. quiet rivers and streams into raging tion. Members’ attention to detail is I ask for its immediate adoption. waterways in the early morning dark- easily apparent in the thoroughness The PRESIDING OFFICER. Is there ness, disrupting the peaceful existence with which they have presented the further debate on the amendment? of thousands of Vermonters. committee’s recommendations. If not, the question is on agreeing to Yesterday, I spoke with several town There are many good provisions in the amendment of the Senator from officials and residents who were hit the this bill, particularly the language Colorado. hardest. They gave me firsthand ac- which would continue the limitations The amendment (No. 923) was agreed counts of the damage to their commu- on courthouse construction that are to. nities. In some towns, bridges were designed to ensure lower costs and Mr. CAMPBELL. Mr. President, I swept away, roads were washed out, standard designs. However, there are move to reconsider the vote by which pavements were ripped up, cars and many aspects of this bill which cause the amendment was agreed to. trucks were overturned, perhaps were me serious concern. Mr. KOHL. I move to lay that motion destroyed, trees were uprooted, homes First, this bill increases the funding on the table. were lifted from their foundations and for these agencies by $1.1 billion over The motion to lay on the table was filled with water. last year’s level. Frankly, I believe it is agreed to. Monday night’s torrential rains were ill-advised for the Senate to increase AMENDMENT NO. 924 followed by a day of heroism—neigh- spending for these Federal agencies at Mr. CAMPBELL. Mr. President, I bors, rescue workers, families and a time when we are struggling to reach send an amendment to the desk. friends came together in Vermont’s agreement on tax relief and spending The PRESIDING OFFICER. The close communities. In Eden, 300 Cub bills and balancing the budget. clerk will report. Scouts were evacuated after the bridge I am sorry to say that this bill and The legislative clerk read as follows: into their camp was washed away. In report contain numerous earmarks of The Senator from Colorado [Mr. CAMP- Cambridge, rescue workers saved a 14- new funds for particular States, as well BELL] proposes an amendment numbered 924. year-old girl and her dog who were as language designed to ensure the con- Page 49, strike all on lines 11–13, and on tinued flow of Federal funds into cer- line 14, strike the words ‘‘the private sector stranded on a washed out roadway. In Montgomery, 11 people were pulled tain States. for’’ and insert in lieu thereof the words ‘‘the Let me just mention a few of those General Accounting Office shall conduct’’. from a mobile home roof and carried to safety in a bucket loader moments be- projects. Mr. CAMPBELL. Mr. President, this The earmark of an additional $3 mil- fore the trailer was swept away. Volun- amendment has also been cleared by lion for Rocky Mountain High Inten- teers made 1,000 sandwiches for rescue the minority, and I ask for its imme- sity Drug Trafficking Assessment Cen- workers, and neighbors opened their diate acceptance. ter. The PRESIDING OFFICER. Is there homes to those who were driven from The earmark of $2.5 million for Globe further debate on the amendment? If their own. Trade and Research Program at the not, the question is on agreeing to the There are many courageous stories Montana World Trade Center, which is amendment of the Senator from Colo- and events that took place during the described in the report as a one-time rado. crisis, and knowing Vermonters like I appropriation to support the center’s The amendment (No. 924) was agreed do, I know there were many more he- research and information dissemina- to. roic stories long after the rivers had re- tion activities on ‘‘issues designed to Mr. CAMPBELL. Mr. President, I ceded and the officials had left town. explore, define, and measure contribu- move to reconsider the vote by which Mr. President, I am proud of and tions to economic globalization.’’ the amendment was agreed to. commend the Vermonters who united Mr. President, let me run that by you Mr. KOHL. I move to lay that motion during this time of disaster to save again. That is $2.5 million—2.5 million on the table. lives and communities. The damage taxpayer dollars—to support the Mon- The motion to lay on the table was has been substantial and much work tana World Trade Center’s research and agreed to. still needs to be done. I stand ready in information dissemination activities Mr. CAMPBELL. Mr. President, I every way to assist, if possible, the on issues designed to explore, define, suggest the absence of a quorum. people of Vermont to help rebuild their and measure contributions to economic The PRESIDING OFFICER. The communities and lives. I know our globalization. clerk will call the roll. Governor has surveyed the situation A prohibition on IRS field support re- The legislative clerk proceeded to and he has made recommendations to organization in Aberdeen, SD, until the call the roll. the President for Federal help. I know IRS toll-free help line reaches an 80 Mr. JEFFORDS. Mr. President, I ask the congressional delegation from Ver- percent service level. unanimous consent that the order for mont is doing all it can to make sure A prohibition on reducing the num- the quorum call be rescinded. the lives that have been disrupted are ber of IRS criminal investigators in The PRESIDING OFFICER. Without put back as close to normal as possible Wisconsin below the 1996 level. objection, it is so ordered. as soon as possible. A requirement to establish the port The Senator from Vermont is recog- Mr. President, I thank you for this of Kodiak, AK, as a port of entry and nized. time. I yield the floor and make a point requiring U.S. Customs Service person- Mr. JEFFORDS. Mr. President, I ask of order that a quorum is not present. nel in Anchorage to serve the Kodiak unanimous consent I be allowed to The PRESIDING OFFICER (Mr. port of entry. speak as if in morning business for a HUTCHINSON]. The clerk will call the The earmark of $4 million for repairs period not to exceed 5 minutes. roll. and restoration of the Truman Library The PRESIDING OFFICER. Without The bill clerk proceeded to call the in Independence, MO, and $3 million objection, it is so ordered. roll. earmarked for repairs to the Lyndon f Mr. MCCAIN. Mr. President, I ask Baines Johnson Presidential Library in unanimous consent that the order for Austin, TX, and, very disturbing, var- FLOODING IN VERMONT the quorum call be rescinded. ious protectionist Buy-America provi- Mr. JEFFORDS. Mr. President, 3 The PRESIDING OFFICER. Without sions, which are in sections 509, 510 and days ago, the heavens opened over objection, it is so ordered. 511. S7660 CONGRESSIONAL RECORD — SENATE July 17, 1997 In the report language, Mr. Presi- with requests from states and local law en- similar recommendation that the National dent, there is $750,000 earmarked for forcement entities for technology under the Historical Publications and Records Com- additional part-time and temporary po- CEASEFIRE/IBIS program; states specifi- mission consider a grant of $100,000 for Alas- sitions in the Honolulu, HI, Customs cally singled out for assistance are: West ka Gold Rush Centennial projects. Virginia, North Carolina, Kentucky, Penn- Language stating that Committee expects District. sylvania, Mississippi, Nevada, Georgia, Ala- Office of Personnel Management to continue There is language stating that the bama, and Illinois. to use the expertise of the University of Ha- committee expects Customs to work Language urging BATF to maintain staff- waii to support a $300,000 program to ensure with other agencies to successfully im- ing levels in rural areas and small and me- that federal employees and their families plement a dedicated commuter lane at dium-sized states, particularly Wisconsin. have ready access to health promotion and the Stanton Street Bridge in El Paso, Reiterates that funding in bill for Achilles disease prevention activities. TX. Task Force Program will continue oper- Mr. MCCAIN. Mr. President, in just a There is language directing the Of- ations at existing levels in Albuquerque and few bills we have now managed to put Houston. fice of National Drug Control Policy to Language stating that Committee expects in 5 billion dollars worth of earmarks conduct pilot programs in Colorado and Customs Service to maintain current staff- and add-ons to the five appropriations Wisconsin—Colorado and Wisconsin—to ing and service levels at the Charleston, bills that have come before the Senate. control methamphetamine trafficking. West Virginia Customs office. We have eight more appropriations I note with interest that that directs $750,000 earmarked for additional part-time still to be considered. the National Drug Control Policy to and temporary positions in the Honolulu, The $5 billion is quite a bit of money, conduct those programs in Colorado Hawaii Customs District. even here in Washington. And I urge Language stating that Committee expects my colleagues to recognize that the and Wisconsin. It might be of some in- Customs to assign sufficient staff to operate terest that it is a huge problem in the the Santa Teresa, New Mexico border facil- American people do not approve of State of Arizona, larger than it is cer- ity. these practices. Every time I ask any tainly in Wisconsin and I believe larger Language stating that Customs should of them about it, they resoundingly re- than Colorado. That is the view of the give high priority to funding inspection per- ject these practices. experts. sonnel at ports of entry in Florida. I hope we can stop them. I do not There is language recommending Language urging Customs to review and know if we will or not, but I really am that the National Archives consider reconsider staffing allocations in smaller concerned about the continued practice states, particularly Montana and Vermont. providing $50,000 to their Alaska Re- Language stating that Committee expects of earmarking funds without any meri- gion to prepare an interpretive exhi- Customs to work with other agencies to suc- torious screening, without any require- bition on their Alaska Gold Rush col- cessfully implement a dedicated commuter ments or any authorization process in lections for the 1998 centennial celebra- lane at the Stanton Street Bridge in El Paso, many cases. tion and a similar recommendation Texas. Mr. President, I yield the floor. that the National Historical Publica- $500,000 earmarked for a feasibility study Mr. President, I suggest the absence tions and Records Commission consider and implementation plan to create an inter- of a quorum. national freight processing center in Kansas The PRESIDING OFFICER. The a grant of $100,000 for the Alaska Gold City. Rush Centennial projects. clerk will call the roll. Language urging IRS to take steps to fill The assistant legislative clerk pro- Mr. President, I ask unanimous con- five vacant positions at the Newport, Ver- sent that the entire list of earmarks mont office. ceeded to call the roll. and protective language be printed in Language stating the Committee believes Mr. CAMPBELL. I ask unanimous the RECORD. IRS should maintain certain specific tax as- consent that the order for the quorum There being no objection, the mate- sistance positions in both Alaska and Ha- call be rescinded. rial was ordered to be printed in the waii. The PRESIDING OFFICER (Mr. SES- Language directing the Postal Service to RECORD, as follows: SIONS). Without objection, it is so or- work to ensure plant and animal pests and dered. OBJECTIONABLE PROVISIONS IN S. 1023 FISCAL diseases are not introduced into Hawaii. AMENDMENT NO. 926 YEAR 1998 TREASURY/POSTAL APPROPRIA- Language directing Office of National Drug TIONS BILL Control Policy to conduct pilot programs in Mr. CAMPBELL. I send an amend- Overall funding is $1.1 billion higher than Colorado and Wisconsin to control meth- ment to the desk on behalf of Senator last year’s levels. amphetamine trafficking. MIKULSKI and ask for its immediate BILL LANGUAGE Language directing the General Services consideration. Administration to expeditiously move to Earmark of additional $3 million for Rocky The PRESIDING OFFICER. The consolidate the Food and Drug Administra- Mountain High Intensity Drug Trafficking clerk will report. tion offices at the White Oak Naval Surface Assessment Center. The assistant legislative clerk read Warfare Center in Maryland. Earmark of $2.5 million for Globe Trade Language urging GSA to give priority con- as follows: and Research Program at the Montana World sideration to construction of new Centers for The Senator from Colorado [Mr. CAMP- Trade Center, which is described in the re- Disease Control laboratory in Atlanta, Geor- BELL], for Ms. MIKULSKI, proposes an amend- port as a one-time appropriation to support gia. ment numbered 926: the center’s research and information dis- Language urging GSA to work with CDC to On page 71, line 16, strike ‘‘or night dif- semination activities on ‘‘issues designed to develop a plan to replace or upgrade the Di- ferential’’. explore, define, and measure contributions to vision of Vector-Borne Infectious Diseases On page 71, line 18, strike ‘‘or differential’’. economic globalization.’’ laboratory in Fort Collins, Colorado. Mr. CAMPBELL. Mr. President, this Prohibition on IRS field support reorga- Language urging GSA to give priority con- nization in Aberdeen, South Dakota, until amendment has been cleared by the sideration to two Pennsylvania projects: the IRS toll-free help line reaches an 80 per- majority. I urge its adoption. $12.5 million in repairs at Byrne-Greene Fed- cent service level. The PRESIDING OFFICER. The eral complex in Philadelphia, and $3.6 mil- Prohibition on reducing the number of IRS question is on agreeing to the amend- lion in repairs at the Pittsburgh Post Office criminal investigators in Wisconsin below and Courthouse. ment. the 1996 level. Language directing GSA to give priority The amendment (No. 926) was agreed Requirement to establish the port of Ko- consideration to security problems at the to. diak, Alaska, as a port of entry and requir- former Bureau of Mines property in Mr. CAMPBELL. I move to recon- ing U.S. Customs Service personnel in An- Avondale, Maryland. sider the vote. chorage to serve the Kodiak port of entry. Language urging GSA to give priority con- Earmark of $4 million for repairs and res- Mr. KOHL. I move to lay it on the sideration to the request of the U.S. Olympic toration of Truman Library in Independence, table. Committee to obtain title to the Federal Missouri, and $3 million earmarked for re- The motion to lay on the table was Building in Colorado Springs, Colorado, if pairs to Lyndon Baines Johnson Presidential agreed to. the Air Force Space Command vacates the Library in Austin, Texas. Mr. CAMPBELL. I suggest the ab- building. Various protectionist ‘‘Buy America’’ pro- Language recommending that the National sence of a quorum. visions (Sections 509, 510, and 511). Archives consider providing $50,000 to their The PRESIDING OFFICER. The REPORT LANGUAGE Alaska Region to prepare an interpretive ex- clerk will call the roll. Earmark of $4 million to allow Bureau of hibition on their Alaska Gold Rush collec- The assistant legislative clerk pro- Alcohol, Tobacco, and Firearms to comply tions for the 1998 centennial celebration; ceeded to call. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7661 Mr. CAMPBELL. Mr. President, I ask this section shall be paid by the United try, there is rising and enormous con- unanimous consent that the order for States Postal Service to the Department of cern about breast cancer. the quorum call be rescinded. Health and Human Services. The amendment I am making today The PRESIDING OFFICER. Without (B) USE.—Amounts paid under subpara- on behalf of myself and a number of graph (A) shall be used for breast-cancer re- others. I want to mention that just be- objection, it is so ordered. search and related activities to carry out the Mr. CAMPBELL. Mr. President, I say purposes of this section. fore the recess, in this very Chamber, to my colleagues time is running on. (C) FREQUENCY OF PAYMENTS.—Payments 51 Senators said they would cosponsor We have been here over 3 hours. We under subparagraph (A) shall be paid to the the breast cancer research stamp bill have about three or four amendments Department of Health and Human Services (S. 726) which creates a breast cancer filed. Senators have not come to the no less than twice in each calendar year. research stamp with 1 cent above the floor to offer them. On behalf of Sen- (2) AMOUNTS ATTRIBUTABLE TO THE 1-CENT rate of first-class postage. Members DIFFERENTIAL.—For purposes of this sub- ator KOHL and myself, I urge Members thought it was a good idea. Well, I need section, the term ‘‘amounts attributable to to come down to the floor with their to move this because I very much fear the 1-cent differential established under this it will not happen if I don’t take the amendments so we can finish this bill. section’’ means, as determined by the United If we do not want to be here in the mid- States Postal Service under regulations that opportunity that we have today to dle of the night working on this, we it shall prescribe— bring this matter forward. ought to move ahead. (A) the total amount of revenues received Let me begin by saying that this is a I suggest the absence of a quorum. by the United States Postal Service that it wellspring from the breast cancer com- The PRESIDING OFFICER. The would not have received but for the enact- munity. This measure is supported by clerk will call the roll. ment of this section, reduced by the American Cancer Society, the (B) an amount sufficient to cover reason- The assistant legislative clerk pro- American Medical Association, the able administrative and other costs of the American Hospital Association, Asso- ceeded to call. United States Postal Service attributable to Mrs. FEINSTEIN. Mr. President, I ciation of Operating Room Nurses, carrying out this section. California Health Collaborative, the ask unanimous consent that the order (d) SPECIAL POSTAGE STAMPS.—The United for the quorum call be rescinded. States Postal Service may provide for the YWCA, and I could go on and on. The PRESIDING OFFICER. Without design and sale of special postage stamps to Representative FAZIO in the House objection, it is so ordered. carry out this section. has introduced the same legislation Mrs. FEINSTEIN. Mr. President, I (e) SENSE OF CONGRESS.—It is the sense of with 100 cosponsors in January of this ask unanimous consent that the pend- the Congress that— year. It is my understanding that Rep- (1) nothing in this section should directly ing amendment be set aside. resentative MOLINARI talked to the or indirectly cause a net decrease in total Speaker and is putting it on a calendar The PRESIDING OFFICER. Without funds received by the Department of Health objection, it is so ordered. which will move it rapidly in the and Human Services or any other agency or House. instrumentality of the Government (or any AMENDMENT NO. 927 The idea for this legislation came (Purpose: To allow postal patrons to contrib- component or other aspect thereof) below the level that would otherwise have been an- from a physician in Sacramento, CA, ute to funding for breast cancer research an oncologist; and Representative through the voluntary purchase of certain ticipated absent this section; and specially issued United States Postage (2) nothing in this section should affect FAZIO brought it to the attention of stamps) regular first-class rates or any other regular the House as the original sponsor. This Mrs. FEINSTEIN. Mr. President, I rate of postage. oncologist has treated some 1,000 (f) ANNUAL REPORTS.—The Postmaster women for breast cancer. And he, like send an amendment to the desk and General shall include in each annual report ask for its immediate consideration. physicians all over this country in the rendered under section 2402 of title 39, United health community, has seen a really The PRESIDING OFFICER. The States Code, information concerning the op- clerk will report. eration of this section. startling rise in breast cancer. In the The legislative clerk read as follows: 1950’s, 1 in 20 women developed breast Mrs. FEINSTEIN. Mr. President, I cancer. Today, the incidence is one in The Senator from California [Mrs. FEIN- am prepared to yield to the Senator eight, and growing. It kills 46,000 STEIN], for herself, Mr. CONRAD, Mr. HARKIN, from Colorado for a unanimous-consent Mr. INOUYE, Mr. FAIRCLOTH, Mr. FEINGOLD, women a year. Every 12 minutes an request, and I would appreciate regain- American woman dies of breast cancer. Mr. JOHNSON, Mr. KERRY, Mr. MACK, Mr. ing the floor. REID, Mr. THURMOND, and Mr. TORRICELLI, It is the leading cause of cancer death proposes an amendment numbered 927. Mr. CAMPBELL. Mr. President, I ask for women between the ages of 35 and unanimous consent that there be 1 Mrs. FEINSTEIN. Mr. President, I 52, and it is the second leading cause of hour of debate regarding the Feinstein ask unanimous consent that reading of death in all women. amendment regarding breast cancer the amendment be dispensed with. So, today, 1.8 million women in stamps, equally divided in the usual The PRESIDING OFFICER. Without America are diagnosed with breast can- fashion, without any second-degree objection, it is so ordered. cer, and 1 million women, in addition amendments. The amendment is as follows: to that, don’t know they have breast The PRESIDING OFFICER. Without cancer. This year, 184,300 new breast At the appropriate place, insert the follow- objection, it is so ordered. ing: cancer cases will be diagnosed, and The Senator from California is recog- SEC. . (a) SPECIAL POSTAGE STAMPS.—In 17,100 of those in California. order to afford the public a convenient way nized. One of the interesting things is that to contribute to funding for breast-cancer re- Mrs. FEINSTEIN. Mr. President, I the breast cancer rates differ through- search, the United States Postal Service thank the Senator from Colorado. I’m out the United States. The San Fran- shall establish a special rate of postage for delighted to see the Senator from New cisco Bay Area has one of the highest first-class mail under this section. York on the floor. I am hopeful that breast cancer rates in the world. Rates (b) HIGHER RATE.—The rate of postage es- Senator FAIRCLOTH will join us here, in the Northeastern United States are tablished under this section— since the Senator moved this as an (1) shall be 1 cent higher than the rate that substantially higher than in the South. would otherwise apply; amendment to the appropriations bill Some believe in the medical commu- (2) may be established without regard to in committee. I very much appreciate nity that environmental factors may any procedures under chapter 36 of title 39, that and have enjoyed working with contribute as much as 90 percent to United States Code, and notwithstanding him on this matter. breast cancer. The rates vary among any other provision of law; and Mr. President, I want to talk for a countries. Women in Japan have about (3) shall be offered as an alternative to the moment about breast cancer. I think five times less breast cancer than rate that would otherwise apply. every Member of this body was aware women in the United States. And when The use of the rate of postage established that we unanimously passed a sense-of- people migrate they tend to acquire under this section shall be voluntary on the the-Senate not too long ago urging the cancer rates closer to those of the part of postal patrons. that more money be devoted to re- newly adopted countries within a gen- (c) USE OF FUNDS.— (1) IN GENERAL.— search for cancer. Also, in the women’s eration. So within a generation, we (A) PAYMENTS.—The amounts attributable community, and, really, I think still find that reduced tendency for cancer to the 1-cent differential established under the majority population of this coun- increases. S7662 CONGRESSIONAL RECORD — SENATE July 17, 1997 We have invested as a country, about the Capitol. I know that they care and mend her for the leadership she has $2 million in breast cancer research. care very deeply. taken on this issue. In fact, many of The funding has quadrupled since 1990. When I first introduced the bill ear- our colleagues have not only supported There is still no cure. The national lier this year, I had some sponsors on additional research money but have commitment to cancer research has the bill. They came to me, and said, participated on our own time on Satur- been stagnant since 1980. Today, NIH ‘‘You know, you haven’t been working days and Sundays in raising private can fund only 23 percent of their appli- very hard. You only have 6 or 7 co- funds for breast cancer research. The cations. The NIH budget is less than 1 sponsors.’’ So because we were on the most common that we are aware of is percent of the Federal budget. And I floor for 3 hours before the Fourth of the Susan Komen Foundation and The believe the latest polls show that 80 July break, I went around to each Run for the Cure, which is done all percent of the people of this country member, and 51 Senators said, ‘‘Yes.’’ over the United States. believe that cancer research and medi- They would vote for it. ‘‘Put my name Just a few weeks ago here in Wash- cal research is an appropriate cause of down.’’ And I did. They are on this ington, DC, we had something like action for the Federal Government. piece of paper in front of me. 45,000 or 50,000 people that contributed The National Cancer Institute in 1996 This is an opportunity to cast that money to run through the streets of could fund 26 percent of their applica- vote. This is an opportunity to try Washington to help raise money for tions. That is a drop from 32 percent in something new. that very, very badly needed program. 1992. People will come before us and say, But I am a little concerned. She men- So the idea came from Sacramento, ‘‘Oh, my goodness. If we do this for tioned a few of the concerns already. from the oncologist who treated 1,000 breast cancer, we should do it for pros- But I am told that the chairman of the women with breast cancer. What if we tate cancer.’’ Well, maybe we should. I authorizing subcommittee, Senator had a unique trial project, an optional don’t know. But the proposal out there COCHRAN, has some concerns about this stamp of 1 cent above whatever the is this one, and it is all throughout the proposal, as does Senator STEVENS who first class rate was, where breast can- United States now. will be here in about 25 minutes to cer groups and women all across this People will say, ‘‘Oh. Why don’t we make some comments on it, too. Nation who care have the option to buy do it for AIDS?’’ Well, the breast can- First, one of my concerns is certainly that stamp, and 1 cent would go for cer community has made this proposal. the administrative costs to the Postal breast cancer research? The adminis- They are united about it. They want to Service. I think they would be signifi- tration costs incurred by the post of- try it. cant, as I understand it. fice would be absorbed by that addi- I have agreed to sponsor it in the I would like to ask the Senator. Is tional 1 cent. Senate. Senator FAIRCLOTH has agreed there a provision that allows them to I have had an occasion to discuss this to be a cosponsor, along with Senator recoup their costs? Or does the whole with the Postmaster General. He is not D’AMATO, Senator KENT CONRAD, Sen- profit of this additional cost of stamps in favor of it. He is not in favor of it ator TOM HARKIN, Senator FEINGOLD, just go to the program, and do they because it has not been done before. Senator JOHNSON, Senator KERRY, Sen- have to absorb the administrative costs And it has not been done because there ator MACK, Senator REID, Senator for doing it? are those that say, ‘‘If we do it for this, THURMOND, and Senator TORRICELLI. I Mrs. FEINSTEIN. Yes. The adminis- why don’t we do it for that? If we do it can’t put all of the 51 names on this be- trative costs are absorbed under the for women, we should to it for men.’’ cause I didn’t specifically say it would one additional cent. Well, we are in an era of diminishing be an amendment. I said, a bill. Mr. CAMPBELL. A portion of 1 cent resources. We all know that. Every- So I am told I should call everybody will go back to recover the cost. body has looked at cuts. This is not a again. But I believe there is the oppor- Mrs. FEINSTEIN. The cost of collect- cut. This is a unique thing. It is a trial tunity. I think the case has been made, ing the money is absorbed in that 1 project. If it works, we learn something if you see what happens to women af- cent. Yes. from it. If it doesn’t work, no money is flicted with breast cancer. And you see Mr. CAMPBELL. Mr. President, I lost from the Federal Treasury, or this amazing surviver community and might also just comment that, as I un- from the post office. what they are willing to do. In a way, derstand it, if this 1-cent increase had One of the things I believe every this stamp is a tribute to that kind of been for the single best-selling stamp Member of this body has seen, whether resolute spirit that can conquer what of all time—which was the Elvis Pres- it is in ‘‘The Race for the Cure’’ or the for many has been a mortal disease. ley stamp that went on sale a couple of women that come into our offices, is a So I am hopeful, Mr. President, de- years ago, that stamp sold $500 million very unusual resilience in the breast spite those who I know on the Appro- individual stamps—but if this 1-cent cancer survivor community. They are priations Committee that do not want additional had been on that stamp, it climbing mountains, they are showing to see this happen. They don’t want to would have raised only $5 million. Cer- they can survive. They have banded to- do it on this bill. But if it doesn’t hap- tainly that is an important amount but gether in support groups. It is a won- pen here, perhaps it won’t, and we will not as much as we need. As I also un- derfully unusual thing. They would send out a message to the breast can- derstand, only about 1.6 million breast like this to be done. They are in these cer survival community that we will cancer stamps have been sold so far. Halls lobbying for it. They are in my not try anything new. So the amount, I would tell my office. I know they are in Senator If you have a disease, you will try friend from California, that she would FAIRCLOTH’s office, and they have been anything to get rid of it. I think this hope to realize from what I have heard in other offices saying, ‘‘Give us a body should try one new thing, and and seen is probably going to be quite chance. We will use this as fundraisers. let’s see if it works, and let’s see if we a bit less than she would hope to get We will go out and buy first-class can produce 60, 70, 80, or 90 million new into this account. stamps for a cent above the rate. We dollars for breast cancer research. The Senator already mentioned that will sell them to our members. We will I thank the Chair. I yield the floor. there are some concerns by some of the get our members to do this.’’ Mr. CAMPBELL addressed the Chair. Members that there are many, many I think it is a worthy trial. It is a The PRESIDING OFFICER. The Sen- programs that are equally important— worthy project. Whether it works, I ator from Colorado. muscular dystrophy, prostate cancer is don’t know. They tell me that if 10 per- Mr. CAMPBELL. Mr. President, be- important, Alzheimer’s disease, heart cent of the first-class stamps were fore the Senator leaves for her next ap- disease—many things that we need to bought through this option it would pointment, I would like to make a cou- address some more. And I think, as produce $60 million. I don’t know ple of comments and ask her some some of my colleagues think, that we whether it will or not. I know that questions. may be opening an avenue for all kinds there is an enthused, energized commu- First of all, as I am sure she knows, of new groups to ask for the same kind nity out there. You may see them I have always been a big supporter of of consideration. wearing one design for a breast cancer increased money going into breast can- If that happens, then I think, No. 1, stamp on their lapels, walking around cer research, as she has. And I com- we are going to confuse the public and July 17, 1997 CONGRESSIONAL RECORD — SENATE S7663 we will probably dilute the amount of the idea of using the Postal Service as The PRESIDING OFFICER. Without money needed for any one of them. a fund-raising tool is not a good one. objection, it is so ordered. But I am not opposed to this amend- The list of diseases that should be Mr. CAMPBELL. I would also ask ment. I just wanted to make sure that given added research funds is endless. unanimous consent that the remaining my colleague understands that I am Requiring the Postal Service to issue a time be equally charged to both the very supportive of her efforts. But I do semipostal stamp for breast cancer proponents and the opponents of the have these concerns. would place the Postal Service and Feinstein amendment. I thank her, and I thank the Chair. Congress in the very difficult position The PRESIDING OFFICER. Without I yield the floor. of determining which worthy organiza- objection, it is so ordered. The PRESIDING OFFICER. Who tions or research programs should re- Mr. CAMPBELL. With that, I suggest yields time? ceive fundraising assistance from the the absence of a quorum. Mr. CAMPBELL. Mr. President, Postal authorities and which should The PRESIDING OFFICER. The there is one Member seeking time. If not. clerk will call the roll. the Senator from California is finished, The concept of semipostals has been The legislative clerk proceeded to I will suggest the absence of a quorum around for years. Some nations issue call the roll. until Senator STEVENS gets here. them, but most do not. The European Ms. MOSELEY-BRAUN. Mr. Presi- Mrs. FEINSTEIN. I thank the Sen- experience with this kind of stamp has dent, I ask unanimous consent that the ator. Yes. At this time, if I may be af- shown that they are rarely as bene- order for the quorum call be rescinded. forded a reaction and comment. ficial to the designated organization as The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- expected. Consider the example of Can- objection, it is so ordered. ator from California. ada. In 1975, the Canadian Postal Cor- Ms. MOSELEY-BRAUN. Mr. Presi- Mrs. FEINSTEIN. I thank the Chair. poration issued a series of semipostal dent, I ask unanimous consent to be al- As we know, with anything done the stamps to provide supplementary reve- lowed to speak as if in morning busi- first time you never really quite know nue for the Canadian Olympic Commit- ness for a period of 10 minutes. what it is going to do. I have had esti- tee. It was reported that while the pro- The PRESIDING OFFICER. Without mates. The group supporting this has gram received exceptionally good pro- objection, it is so ordered. done some research. I know what they motional and advertising support, it f have told me. I cannot make any guar- fell short of its intended revenue objec- antee to this body that it will produce tive. Demand for the semipostals RACE RELATIONS IN AMERICA a lot of money. I do know that it is throughout Canada was reportedly in- Ms. MOSELEY-BRAUN. Mr. Presi- worth a try, in my opinion. It is impor- substantial. The program—viewed as a dent, on Monday, the President’s Advi- tant to people. There is a movement failure—concluded in 1976. More re- sory Commission on Race met for the behind it. cently, the Canada Post issued a first time. Amid the wide-ranging dis- The breast cancer stamp now exists semipostal to support literacy. With a cussion on a variety of issues relating as of now and it has no fundraising surcharge of 5 cents per stamp, it specifically to race, Chairman John connected to it. It is simply a first- raised only $252,000. After raising only Hope Franklin, the renowned doctor of class stamp. This has the ability, for a modest amount of money, combined history, discussed the centrality of people that want to do so, to buy for with a tremendous administrative ex- education and in particular the phys- the reason of raising an additional pense, Canada Post says they will not ical condition of our schools and the cent. I think every one of us know peo- issue another semipostal. centrality of that issue to the future of ple immediately close to us that are There is a strong U.S. tradition of race relations in our country. suffering from breast cancer. I happen private fund-raising for charities. Such Dr. Franklin noted that in his home to believe the women of America are a stamp would effectively use the Unit- of North Carolina, there are schools going to respond to this. I think young ed States Postal Service as a fund- that are closed part of the time be- women are going to respond to it. I raiser, a role it never has had. The cause it is too hot, and there are think you are going to see interesting Postal Service’s job—and expertise—is schools that are closed part of the time ways that people are going to sell first- mail delivery. Congress should be because it is too cold, and there are class stamps. I think that is good for mindful that the postage stamp pays some that are closed part of the time the post office. It is good for the mail, strictly for postal operations. It is not because, when it rains, it rains inside and hopefully it will be good for breast a fee for anything but delivering the the school as well as outside the cancer. mail and paying the cost of running school. I know I didn’t buy an Elvis Presley the service. In fact, section 3622 of the Dr. Franklin went on to note that stamp. What was the other stamp? I Postal Reorganization Act of 1970 pre- the problem of crumbling schools is not didn’t buy the other breast cancer cludes charging rates in excess of those particular to race but rather it is a stamp. I will buy these. I think there required to offset the Postal Service’s problem that transcends race. It is a are many others like me. I don’t know costs of providing a particular service. problem that is essential, however, to In other words, the Postal Service does how many. But I think it is worth a any discussion of race because it not have the authority to put a sur- try. speaks to the character of our Nation charge on a postage rate that is cost I thank the Senator for his com- as a whole. I want to quote him be- and overhead driven. There is simply ments. cause I think it is important. ‘‘It is a no legitimate connection between the I yield the floor. remarkable testimony,’’ Dr. Franklin Mr. COCHRAN. Mr. President, as desire to raise money for a cause, and noted, ‘‘to the profligacy of this coun- maintenance of the postal service’s Chairman of the Governmental Affairs try, that it will not provide decent edu- mission of providing universal service Subcommittee on International Secu- cational facilities and opportunities for at a universal rate. rity, Proliferation, and Federal Serv- This is an effort to bypass the legis- all of our children.’’ I believe Dr. Franklin is absolutely ices, which has jurisdiction over postal lative process with an amendment on matters, I must point out that the an appropriation bill and even though correct. According to the U.S. General Feinstein amendment would require the Feinstein amendment’s goals are Accounting Office, every day some 14 the U.S. Postal Service to issue a spe- laudatory, it should be rejected. million children attend schools that cial postage stamp. Mr. CAMPBELL. I suggest the ab- are in such poor physical condition Such a special stamp—generally re- sence of a quorum, Mr. President. that they need major repairs or should ferred to as a semipostal—would sell The PRESIDING OFFICER. The be replaced outright. Some 12 million for 1 cent above the basic first-class clerk will call the roll. children attend schools with leaky letter rate, with most of the differen- The legislative clerk proceeded to roofs; 42 percent of schools with more tial going to fund breast cancer re- call the roll. than 51 percent minority enrollment search. Though this is a well-inten- Mr. CAMPBELL. Mr. President, I ask have at least one inadequate building, tioned amendment, and breast cancer unanimous consent that the order for and 29 percent of schools with less than research is a highly worthwhile cause, the quorum call be rescinded. 6 percent minority enrollment—less S7664 CONGRESSIONAL RECORD — SENATE July 17, 1997 than 6 percent—have at least one inad- will help prepare our children for the date the integration of technology, infra- equate building. 21st century economy and will help structure that can be accessed by all stu- In urban, rural, and suburban areas build a climate of tolerance among the dents regardless of disability, schools that alike, schools are crumbling down people of our country. can be used primarily for education but for around our children. According to the I would like to take a moment to other community purposes as well, and schools that can serve as safe havens pro- U.S. General Accounting Office, it will read a letter to my colleagues that I tected from society’s violence. cost at least $112 billion just to bring recently received from a superintend- In summary, the Century Board of Edu- them up to code. That price tag does ent of a rural school district in south- cation is standing tall, providing the best op- not include the cost of upgrading ern Illinois. I remind my colleagues, Il- portunities for the children of the district to schools so they can incorporate modern linois—we used to have an expression, attend school in an environment that is technologies in the classroom. The ‘‘Just outside Chicago there is a place physically safe and conducive to learning. FCC, the Federal Communications called Illinois.’’ My State is largely We are being held accountable and are will- rural once you leave the region around ing to take responsibility to address the de- Commission, recently finalized an ini- terioration of our school buildings. As well tiative that will give the schools and Chicago. I would like to read his letter, as the growing need for new construction. libraries deep discounts on tele- the whole letter, because I think it is However, we need your help to fight on for communications services, which should important. Superintendent Lawrence federal dollars to continue the process. provide millions of children access to Naeger wrote to me. He said: Please fight for our district, our commu- modern technology that they would I am the Superintendent of Century Com- nity, our children, the hopes and dreams of not have otherwise enjoyed. Too many munity Unit Number 100 School District all. Please continue to fight for all the chil- near Ullin, Illinois in the county of Pulaski. dren who attend inequitable and inadequate of our children, however, will be unable I am writing to you in the name of the many infrastructures, exacerbated by government to take advantage of this opportunity citizens of my school district that support red tape and broken promises. because their schools lack even the your efforts to put dollars back in the fed- Sincerely, basic infrastructure necessary to allow eral budget for school construction. LAWRENCE NAEGER, a teacher to plug a computer into the From the earliest days of our school dis- Superintendent. classroom wall. Nearly half of the trict, the school house has been a focal point Mr. President, I just want to point schools lack the basic electrical wiring of great community pride—a brick and mor- out as my time runs out here, the time needed to fully integrate computers in tar representation of the commitment which citizens of this school district have made to really has come for all of us in govern- the classrooms. their children’s education. Sadly, economic ment at all levels, at the local, State, So the crumbling schools problem changes over the years have made our com- and the Federal Government, to co- has ramifications even beyond leaky munity’s commitment more difficult. The operate, to stop pointing fingers at roofs. It cuts off the ability of our alarming number of construction concerns each other, stop pointing fingers at the youngsters to take advantage of tech- that now exist point to a crisis waiting to local school officials or the State edu- nologies that will help them grapple happen. cation officials or the township super- with the educational challenges that As time goes by, it becomes evident that small repairs and quality maintenance is not visors and, instead, form a partnership they face in their time. enough. Thankfully, there have been no among all levels of government to ad- Schools are overcrowded, also. I have major health or safety disasters directly re- dress this critical problem. seen schools where the study halls are lated to the structures. However, it is appar- I urge my colleagues to take a look literally in the hallways, where com- ent that the leaking roofs, rusted plumbing, at the conditions of schools in their puter labs are on the stairwell land- overworked heating systems, and crumbling own States and to consider the impli- ings, and where they have erected card- plaster are fast approaching a crisis point. cations of crumbling schools for our board partitions at the end of corridors Less visible, but also of great concern, are children, for our country, for our fu- in order to create makeshift class- infrastructure problems related to over- crowding and/or the inadequacy of school fa- ture, and for the character of our Na- rooms. tion. That was the point that Dr. These dilapidated, overcrowded cilities for education as we move toward the 21st Century. Classes held daily on a stage in Franklin made on Monday. That is the schools do not provide our children a gymnasium in the elementary school, and point that I wanted to bring to the with the kinds of opportunities they electrical systems which are inadequate for Senate’s attention this afternoon. will need to compete in the 21st cen- today’s learning technologies, stand in the I am hopeful that, as we go through tury global economy. Nor do these way of quality education for our children. the rest of this legislative session, we aging and crumbling schools provide The Century Board of Education, trying to can come up with innovative ap- address these concerns, have been caught be- our children with the educational op- proaches to help States and local com- portunities all of our children will need tween competing demands for local dollars and increasingly restrictive laws regarding munities and local governments, such if we ever expect to move beyond the access to revenue. As anti-tax sentiment has as represented by the letter I read, re- problems of race relations which have grown, so too has the recognition that the spond to their concern and need and in- existed, like a sore on our Nation, since state and federal governments must become terest in providing quality educational its earliest days. partners in resolving school infrastructure opportunities for all of America’s chil- While Dr. Franklin was meeting with concerns. dren. the President’s Advisory Board on The Century School district is clearly at a Mr. President, I yield the floor. Race Relations, many of my colleagues critical juncture with respect to the infra- The PRESIDING OFFICER. The Sen- over here were meeting to work out the structure of its schools. Decisions are being made on how school infrastructure needs can ator from North Carolina. final details of the tax bill. President be adequately met, with a very limited budg- f Clinton’s tax proposal includes an in- et. Money spent on infrastructure generally TREASURY AND GENERAL GOV- novative proposal to address the condi- comes from local taxes. While the Century tions of crumbling schools. I hope my Board of Education is authorized to levy ERNMENT APPROPRIATIONS ACT, colleagues on the conference commit- taxes to support its building needs, there are 1998 tee will see fit to adopt his proposal. restrictions which severely limit the ability The Senate continued with the con- The President has called for the dis- of the board to respond to the emerging in- sideration of the bill. tribution of allocable tax credits to the frastructure problems. It is important to note, in the not-too-dis- AMENDMENT NO. 927 States, which would then offer those tant future, infrastructure problems which Mr. FAIRCLOTH. Mr. President, I tax credits to developers and builders currently exist will likely be compounded as ask unanimous consent for 5 minutes in exchange for their performing our schools built in the 1950’s and 1960’s of time in favor of Mrs. FEINSTEIN’s below-market-rate school construction begin to wear out. Though age does not nec- amendment. or improvement projects. States and essarily make a building dangerous or obso- The PRESIDING OFFICER. Without school districts need our help to ad- lete, construction at that time was typically objection, it is so ordered. dress the problem of crumbling schools. rapid and cheap . . . Mr. FAIRCLOTH. Mr. President, I Beyond the most urgent health and safety We have to rebuild these schools for issues, there is increasing concern about the rise in strong support of Senator FEIN- the 21st century to give our young peo- need for . . . infrastructure that can support STEIN’s amendment. I am pleased to be ple the educational opportunities that educational reform and desired innovations, an original cosponsor of this amend- they need and they deserve. Doing so infrastructure conditions that can accommo- ment. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7665

In May of this year, Senator FEIN- sibly have a problem with printing this chair, Defense Appropriations. It has in STEIN introduced this bill, S. 726. The new stamp. The cost of the stamp for it $175 million for breast cancer re- bill creates a new stamp that costs 1 distribution will be taken out before search, specifically earmarked for cent more than whatever the regular any money becomes available for re- breast cancer research. price stamp might be. The additional search. This idea is merely a logical ex- This stamp, if it is issued, if it sold as revenue is to be used to directly fund tension of selling stamps. I strongly many as the famous stamp—I think it research efforts for breast cancer. urge Members to support it and urge was the Elvis stamp was the one that As I am sure we all know, breast can- you to vote for the Feinstein amend- sold more than any stamp in history, a cer is the leading cause of death for ment. penny from each one of the Elvis women between the ages of 15 and 54. I thank the Chair and I yield the re- stamps would bring in $1 million. So There are 2.6 million women today in mainder of my time. what we are seeing is a public relations America with breast cancer and an es- The PRESIDING OFFICER. Who campaign by people who want credit timated 1 million are yet to be diag- yields time? for being for cancer research, but it is nosed. If only 10 percent of the first- Mr. STEVENS. Mr. President, I ask really not an effective fundraising class stamps use the option for an addi- that I be yielded about 7 minutes. mechanism. tional penny—currently it would be a The PRESIDING OFFICER. Without I urge them to use a process like we 33-cent stamp, but that might change— objection, it is so ordered. did for selling savings bonds, to have but, if only 10 percent use the option of Mr. STEVENS. Mr. President, this is the Postal Service sell cancer stamps an additional penny above, $60 million not an easy task to appear in opposi- that would go into booklets. You can would be raised for breast cancer annu- tion to this amendment. It is not easy have one for breast cancer, one for ally. This would represent a 10 percent for me personally, because I am a sur- prostate cancer, one for just the gen- increase in the research funds available vivor of prostate cancer. I come from a eral National Institute of Cancer. But for this disease that is devastating so family where my oldest brother, my fa- you buy the book, put them in a book- much of our population. ther and my grandfather and my moth- let, and when you get $25 worth, you I frankly believe the idea will be pop- er all died prematurely of cancer, and I get a $25 bond. If you do that, you ular and will generate even greater thankfully just received word today would make $1 out of every $20 that funding than we anticipate. It is used that my younger brother has now sur- came in. If this stamp becomes ap- pretty much around the world, except vived prostate cancer. proved, they get 1 out of every 35 cents. in Britain and the United States, this The question before the Senate is not In other words, $1 out of every $35, but method of raising money for worth- cancer. The question before the Senate the cost of raising this is horrendous while causes. is how to raise money for cancer re- for the Postal Service. A person who In my opinion, the new stamp pro- search. I have strongly urged that this wants to buy one of these stamps will vides a great opportunity to increase amendment not come before the Sen- go to a window and say, ‘‘We want 100 the research, and the proceeds come di- ate, because we reformed the postal breast cancer stamps.’’ rectly from the American people on a system and made it an independent en- ‘‘We don’t have that. We have one voluntary basis, not from tax money. tity. It has evolved from the old Post that shows Jimmy Doolittle or one Some have questioned what kind of Office Department, where a member of that shows World War II stamps, but precedent we are setting. I think the the Postal Service, the Postmaster we are out of those.’’ This is not an ef- answer is that it is none. It is going to General, was a member of the Presi- fective way to sell stamps is what I am require an act of Congress and the sup- dent’s Cabinet, to one that is run, basi- saying. port of the American people. If the pro- cally, by a board of governors with a It is true that there are stamp collec- gram is successful, I suppose there will Postmaster General that is appointed tors, and on a one-time basis, as the be people attempting to emulate it, but by that board of governors, and we Elvis stamp showed, a lot of people buy that is a decision for Congress to make have not issued a stamp in Congress them just for collection, but I have to at the time and on the issue involved. since 1978. tell you, that is a one-time thing, but As I said, it is not a novel approach; it There is no power in the Congress to it is not a one-time thing for the Post- has been used around the world before do what this amendment asks. The al Service. It is plainly wrong, because this. power under existing law was given to its job is to deliver the mail. It is paid Further, I think the people who do the Board of Governors, the Postal for by the ratepayers. The taxpayers do not think this will be popular are abso- Service, and the Postal Rate Commis- not support the Postal Service any lutely wrong. This measure, I think, sion. As a matter of fact, the Postal longer. will be extremely popular. It will raise Service does not have the authority to The Board of Governors is on record a lot of money. I have discussed it with issue a stamp and charge more than against this. The Postal Service is numerous people, and all have told me that established by law by the Postal against it. We have seen that this has that they felt it was a worthwhile idea Rate Commission. been done. and would be worthwhile. I thank Sen- I refer the Senate to section 3622 of The PRESIDING OFFICER (Mr. ator FEINSTEIN for introducing the title 39 which specifically says that the KEMPTHORNE). The Senator has used 7 amendment. cost for the stamps must be established minutes. I think the Senate needs to go on through the postal rate procedure. Mr. STEVENS. I will take 2 more record in favor of this and let the This comes at a time when all I can minutes, if I may, and then I will quiet American people decide if it is going to say is this is plainly wrong, and I have down. succeed or not. If it does, we know we urged the sponsors to remember what Canada issued a semipostal, that is will have been right. If it does not suc- they are doing. If we have this stamp— what they call this, a semipostal ceed, we will not have set a precedent and it looked nice. I saw it beside the stamp, to support literacy. It was a for other stamps. But first and fore- Senator from California on C-SPAN. surcharge of 5 cent per stamp, and it most, it is an idea well worth trying, But we have AIDS problems, we have raised $252,000 net. This is not an effec- and I think we need to give it an oppor- prostate cancer problems, we have tive way to raise money for breast can- tunity. problems raising money for the Boy cer. We have shown these people how to I am aware that the post office has Scouts and the Girl Scouts and the raise more money for breast cancer, concerns. But every day I read the post community programs to raise money how to improve breast cancer research. office wants to expand its line of busi- for all sorts of problems. I want to work with them, but I tell ness. Every day, they are going into They have real trouble raising the Senate that this is not the way to new business, new things, and to these money, but, Mr. President, I started do it. I do not object. But I just noticed the the concept of putting up defense I ask unanimous consent to have other day they were selling neckties in money for cancer research for breast printed in the RECORD a letter that I the post office. I don’t see why, with cancer at $25 million from the defense received today from the Postal Service, the vast new interest and new things funds, and I have just urged the Senate from the Postmaster General, where he they are going into, they could pos- to pass a bill from the subcommittee I states that the Postal Service strongly S7666 CONGRESSIONAL RECORD — SENATE July 17, 1997 opposes this amendment and states The legislative clerk read as follows: cially available goods and services. that it would be inappropriate for the The Senator from Wyoming [Mr. THOMAS], However, this policy is too often ig- Postal Service to raise revenue for pur- for himself, Mr. ENZI and Mr. BROWNBACK, nored. poses other than maintenance of the proposes an amendment numbered 929. For example, the Defense Science delivery system. Mr. THOMAS. Mr. President, I ask Board calculates that out of 850,000 There being no objection, the letter unanimous consent that the reading of full-time positions needed to provide was ordered to be printed in the the amendment be dispensed with. commercial services for the military, RECORD, as follows: The PRESIDING OFFICER. Without 640,000 are held by Federal employees U.S. POSTAL SERVICE, objection, it is so ordered. instead of private sector contractors. Washington, DC, July 17, 1997. The amendment is as follows: The Clinton administration has Hon. TED STEVENS, At the appropriate place in the bill, insert taken this situation one step further. U.S. Senate, Washington, DC. the following new section and renumber any Last year, OMB came out with a policy DEAR SENATOR STEVENS: I am writing to following sections accordingly: that grandfathers existing interservice express concern about an amendment that SEC. . LIMITATION ON THE USE OF FUNDS TO support agreements from cost-compari- was offered and then withdrawn at the full PROVIDE FOR FEDERAL AGENCIES son requirements. This change permits Committee markup of the Treasury, Postal, TO FURNISH COMMERCIALLY AVAIL- one Federal agency to provide goods and General Government appropriations bill ABLE PROPERTY OR SERVICES TO on July 15. The amendment would require OTHER FEDERAL AGENCIES. and services to another agency regard- the Postal Service to issue a special postage (a) Except as provided in subsection (b), less of cost or performance. This new stamp to help fund breast cancer research. none of the funds appropriated by this or any policy gives Federal agencies until Oc- This hybrid stamp, called a semipostal, other Act may be used by the Office of Man- tober 1997 to go out and recruit busi- would sell for one-cent above the Basic First- agement and Budget, or any other agency, to ness from other agencies without per- Class letter rate, with most of the one-cent publish, promulgate, or enforce any policy, forming a cost comparison and cost differential going to breast cancer research. regulation, or circular, or any rule or au- analysis. The administration implic- thority in any other form, that would permit The Postal Service strongly opposes this itly argues that this entrepreneurial amendment. Our basic function today re- any Federal agency to provide a commer- mains the same as it has been for over 200 cially available property or service to any approach to Government will save the years—universal mail service throughout the other department or agency of government taxpayers money. nation. We believe it would be inappropriate unless the policy, regulation, circular, or However, if they don’t do a cost com- for the Postal Service to raise revenue for other rule or authority meets the require- parison, how do they know it saves purposes other than the maintenance of a ments prescribed under subsection (b). money? Some examples of existing national mail delivery system. (b)(1) Not later than 120 days after the date interservice support agreements are This proposed amendment would set a of the enactment of this Act, the Director of aerial photography, mapping services, precedent which would open the floodgates the Office of Management and Budget shall laboratory services, printing services, for all worthy social causes. In very short prescribe regulations applicable to any pol- icy regulation, circular, or other rule or au- all of which are often provided more ef- order, the Postal Service would find itself ficiently and more cost-effectively in devoting considerable time and expense as a thority referred to in subsection (a). fund raiser. That is not our role, and we do (2) The requirements prescribed under the private sector. not think it should be. paragraph (1) shall include the following: For example, in Jacksonville, FL, the We understand this semipostal amendment (A) a requirement for a comparison be- Navy Public Works Division recently will again be offered on the Senate floor tween the cost of providing the property or completed a state-of-the-art environ- today, and would appreciate your support in service concerned through the agency con- mental lab to provide routine hazard- rejecting the idea. cerned and the cost of providing such prop- ous waste characterizations. These Best regards, erty or service through the private sector; services are already available in the (B) a requirement for cost and performance MARVIN RUNYON, private sector, and the Navy intends to Postmaster General, CEO. benchmarks relating to the property or serv- ice provided relative to comparable services offer their services to other agencies. Mr. STEVENS. Mr. President, I say provided by other government agencies and In Alaska last year, the State strug- the same thing, you cannot limit this contractors in order to permit effective over- gled to contain a large wildfire. The process to one concept of a breast-can- sight of the cost and provision of such prop- CIA provided needed mapping and sat- cer concept. It will lead to Congress erty or service by the agency concerned or ellite imagery. A private company was getting back into the micromanage- the Office of Management and Budget; and available to do the work, but they were ment of the Postal Service. It is plain- (C) the regulation would not apply to con- never asked. ly wrong, and it should not become tingency operations associated with national These are just a few of the examples law. I yield the floor. security or a national emergency. of direct Government competition with The PRESIDING OFFICER. Who Mr. THOMAS. Mr. President, I also the private sector without a cost com- yields time? ask unanimous consent that Senator parison. Mr. THOMAS addressed the Chair. ENZI and Senator BROWNBACK be added I want to emphasize that I am not in- The PRESIDING OFFICER. The Sen- as cosponsors. sisting that the Federal Government ator from Wyoming. The PRESIDING OFFICER. Without use the private sector. It simply needs Mr. THOMAS. Mr. President, I ask objection, it is so ordered. to compare public and private sector unanimous consent that the pending Mr. THOMAS. Mr. President, I bring production to ensure the American tax- amendment be laid aside. to the floor and to this bill an amend- payer gets the best value goods and The PRESIDING OFFICER. Is there ment which was offered last year and services, the most bang for their buck. objection? adopted by a bipartisan vote of 59 to 39 Encouraging the Federal Government Mr. STEVENS. What happens to the but was trimmed out of the omnibus to compete with the private sector is time limits? appropriations bill. It has to do with philosophically wrong. Almost all of us The PRESIDING OFFICER. The time the question of the Federal Govern- stand up here day after day and talk will be suspended. ment competing unfairly with private about let’s have less Government, re- Mr. STEVENS. I have no objection. firms; agencies performing commer- duce the size of Government, reduce The PRESIDING OFFICER. Without cial, rather than inherently govern- the cost of Government, strengthen the objection, it is so ordered. The Senator mental, activities for other agencies. private sector and, yet, continually may proceed. My amendment requires Federal agen- allow this to go on. It is philosophi- AMENDMENT NO. 929 cies to demonstrate that they can per- cally wrong. It hurts small business. (Purpose: To limit the use of funds to pro- form more efficiently and effectively In fact, the three White House Con- vide for Federal agencies to furnish com- than the private sector before provid- ferences on Small Business rate this as mercially available property or services to ing commercially available goods and a top concern, the ability to compete other Federal agencies) services to other agencies. for public contracts. Mr. THOMAS. Mr. President, I call It has been the Federal Government’s Unfair Government competition with up amendment No. 929 and ask for its policy for over 40 years that it should the private sector costs the taxpayers immediate consideration. not compete with the private sector. In money. Numerous studies have shown The PRESIDING OFFICER. The fact, the Government should rely on that outsourcing can save the Govern- clerk will report. the private sector to supply commer- ment up to $30 billion annually. It also July 17, 1997 CONGRESSIONAL RECORD — SENATE S7667 circumvents the appropriations proc- The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. ess. If an agency can do work for an- further debate on amendment No. 929 HAGEL). The question now occurs on other agency, it is likely that its re- offered by the Senator from Wyoming? amendment No. 929 offered by the Sen- sources and employees are larger than Mr. THOMAS. Mr. President, I ask ator from Wyoming. it needs to be and needs to be cut back. for the yeas and nays. The yeas and nays have been ordered. On the other hand, if an agency’s ap- The PRESIDING OFFICER. Is there a Is there further debate? propriation is cut, it recruits business. sufficient second? Mr. BUMPERS. Mr. President, I sug- That also circumvents the appropria- There appears to be a sufficient sec- gest the absence of a quorum. tions’ process and the idea of focusing ond. The PRESIDING OFFICER. The on priorities. The yeas and nays were ordered. clerk will call the roll. The PRESIDING OFFICER. Is there Most of all, the policy is contrary to The legislative clerk proceeded to further debate? current law. This policy is merely a call the roll. Mr. THOMAS. I suggest the absence rule from the OMB supplemental hand- Mr. KOHL. Mr. President, I ask unan- of a quorum. imous consent that the order for the book A–76. But it violates the Economy The PRESIDING OFFICER. The quorum call be rescinded. Act, which specifically states that one clerk will call the roll. The PRESIDING OFFICER. Without agency can provide goods and services The bill clerk proceeded to call the objection, it is so ordered. to another agency only when a com- roll. mercial enterprise cannot provide the Mr. CAMPBELL. Mr. President, I ask PRIVILEGE OF THE FLOOR goods and services as conveniently or unanimous consent that the order for Mr. KOHL. Mr. President, I ask unan- as cheaply. In other words, you do have the quorum call be rescinded. imous consent that my detailee from to do a cost comparison. The PRESIDING OFFICER. Without the Justice Department, Joel Christie, I think this is an unbelievable policy objection, it is so ordered. have floor privileges during the debate for a President that has said, ‘‘The era VOTE ON AMENDMENT NO. 927 on the nomination later today of Joel of big Government is over,’’ and then Mr. CAMPBELL. Mr. President, I ask Klein, and for any other Judiciary to turn around and implement a policy for the regular order concerning the Committee matter on the floor this of this kind, which does not even pro- Feinstein amendment. We yield back Congress. vide for a cost comparison. This policy all remaining time and ask for the yeas The PRESIDING OFFICER. Without is another example of the administra- and nays. objection, it is so ordered. tion expanding Government, not re- Mr. KOHL. On behalf of the minority Mr. KOHL. I suggest the absence of a inventing it. and Senator FEINSTEIN, we yield back quorum. I recently introduced a bill, S. 314, our remaining time also. The legislative clerk proceeded to which is called the Freedom From Gov- The PRESIDING OFFICER. Is there a call the roll. ernment Competition Act, which ad- sufficient second? Mr. KOHL. Mr. President, I ask unan- dresses Government competition with There appears to be a sufficient sec- imous consent that the order for the the private sector. It encourages ond. quorum call be rescinded. outsourcing and utilizing private sec- The yeas and nays were ordered. The PRESIDING OFFICER. Without tor capability. It provides exemptions The PRESIDING OFFICER. All time objection, it is so ordered. for national security, inherently gov- is yielded back. The question now oc- PRIVILEGE OF THE FLOOR ernmental functions, situations where curs on agreeing to amendment No. 927. Mr. KOHL. Mr. President, I ask unan- the Government can provide better The yeas and nays have been ordered. imous consent that Bob Simon and Dan value goods and services, and when pri- The clerk will call the roll. Alpert, legislative fellows in the office The assistant legislative clerk called vate sector capability is inadequate. I of Senator BINGAMAN, be granted floor the roll. want to stress that this amendment ad- privileges during the pendency of this The result was announced—yeas 83, dresses functions that are commercial bill. nays 17, as follows: activities within the Government. We The PRESIDING OFFICER. Without need to take some action now to imple- [Rollcall Vote No. 186 Leg.] objection, it is so ordered. YEAS—83 ment the rules and the policy that has UNANIMOUS-CONSENT REQUEST Abraham Enzi Lott been in place for 40 years but have not Mr. CAMPBELL. Mr. President, we been followed. Akaka Faircloth Lugar Ashcroft Feingold Mack have been here 5 hours now, and we My amendment is exactly the same Baucus Feinstein McCain have encouraged our colleagues to get as that which the Senate passed last Bennett Ford McConnell their amendments filed and come down year. It merely reaffirms existing law Biden Frist Mikulski Bond Graham Moseley-Braun to the floor. A number of Senators and prohibits one agency providing Boxer Gramm Moynihan have. commercial goods and services for an- Breaux Grams Murkowski After consultations with the major- other unless a comparison is done. Brownback Grassley Murray Bryan Gregg Reed ity leader and minority leader and Sen- More oversight of this problem is need- Burns Harkin Reid ator KOHL, I ask unanimous consent ed. Byrd Hatch Robb that the following amendments be in This amendment will create private Campbell Helms Roberts order and that no others be accepted sector jobs, help small business, save Chafee Hutchinson Rockefeller Cleland Hutchison Roth after these that I will read: taxpayer dollars, make the Govern- Coats Jeffords Santorum Senator COLLINS, on Treasury inspec- ment smaller and more efficient. That Collins Johnson Sarbanes tor general; Senator GRASSLEY, on P–3 is a great idea. Conrad Kempthorne Smith (OR) Coverdell Kennedy Snowe hangar; Senator CHAFEE, on a relevant My bottom line is, I want the Gov- Craig Kerrey Specter amendment on health benefits; Senator ernment to cost less and be more effec- D’Amato Kerry Thomas HUTCHINSON, on Federal Acquisition Daschle Kohl Thurmond tive. Most people here do. My amend- OVERDELL DeWine Kyl Torricelli Streamlining Act; Senator C , ment will ensure that. I urge my col- Dodd Landrieu Warner on a relevant amendment; Senator leagues to join me in supporting this Domenici Lautenberg Wellstone HUTCHISON, on NAFTA; Senator THOM- commonsense, good-Government, Dorgan Leahy Wyden AS, on Federal procurement; Senator Durbin Lieberman protaxpayer reform. DASCHLE, on IRS; Senator HATCH, on Mr. President, I ask now for the yeas NAYS—17 judges’ pay; Senator FAIRCLOTH, on and nays. Allard Hagel Sessions computer games; Senator GRAHAM on The PRESIDING OFFICER. Is there a Bingaman Hollings Shelby HIDTAS; Senator KOHL on fire arms Bumpers Inhofe Smith (NH) sufficient second? There is not a suffi- Cochran Inouye Stevens traffic initiatives; Senator CLELAND, on cient second. Glenn Levin Thompson National drug campaign; and the man- Mr. THOMAS. I will come back later Gorton Nickles agers amendment itself. and ask for the yeas and nays. The amendment (No. 927) was agreed The PRESIDING OFFICER. Is there I yield the floor. to. objection? S7668 CONGRESSIONAL RECORD — SENATE July 17, 1997 Mr. KOHL. Mr. President, I request— parts of this country that judges do not Mr. HATCH. Mr. President, I move to temporarily, I hope —of Senator CAMP- have an annual COLA. That is what reconsider the vote by which the BELL that we don’t act on this at this this will grant them. amendment was agreed to. time. Mr. President, I am offering an Mr. KOHL. I move to lay that motion Mr. HATCH. Reserving the right to amendment to establish a procedure on the table. object, Mr. President, will the distin- for future cost-of-living increases in ju- The motion to lay on the table was guished Senator from Colorado be will- dicial compensation. This legislation is agreed to. ing to add a Hatch amendment on na- a portion of a legislative proposal pre- Mr. HATCH. Mr. President, I suggest tional media campaign? pared by the Administrative Office of the absence of a quorum. Mr. CAMPBELL. National media the U.S. Courts, and which I introduced The PRESIDING OFFICER. The campaign? by request as S. 394 earlier this Con- clerk will call the roll. Mr. HATCH. Yes, in addition to the gress. The legislative clerk proceeded to judges’ compensation. Under current law, salaries for Fed- call the roll. Mr. CAMPBELL. We will add that. eral judges are currently linked to con- Mr. THOMAS. Mr. President, I ask But at the present time, the minority gressional and Executive Schedule sal- unanimous consent that the order for leader has informed me there are two aries, so that Federal judges cannot re- the quorum call be rescinded. or three others that are just right on ceive cost-of-living adjustments The PRESIDING OFFICER. Without the verge of offering their amend- [COLA’s] unless Members of Congress objection, it is so ordered. ments. So I withhold my unanimous- and employees on the Executive Sched- AMENDMENT NO. 929, AS MODIFIED consent request at the present time. ule receive the same COLA. As a con- Mr. THOMAS. Mr. President, I send The PRESIDING OFFICER. Who sequence, Federal judges have not re- to the desk a modification to amend- seeks recognition? ceived a cost-of-living salary adjust- ment 929. Mr. CAMPBELL. Mr. President, I ment since January 1994. This amend- The PRESIDING OFFICER. The suggest the absence of a quorum. ment would amend section 461 of title amendment is so modified. The PRESIDING OFFICER. The 28 to end the current linkage between The amendment (No. 929), as modi- clerk will call the roll. the judicial, congressional and Execu- fied, is as follows: The legislative clerk proceeded to tive Schedule compensation. Instead, At the appropriate place in the bill, insert call the roll. judicial salaries would be adjusted the following new section and renumber any Mr. HATCH. Mr. President, I ask automatically on an annual basis, in following sections accordingly: unanimous consent that the order for the same percentage amount as the SEC. . LIMITATION ON THE USE OF FUNDS TO the quorum call be rescinded. rate of pay of Federal employees under PROVIDE FOR FEDERAL AGENCIES The PRESIDING OFFICER. Without TO FURNISH COMMERCIALLY AVAIL- the General Schedule. In addition, the ABLE PROPERTY OR SERVICES TO objection, it is so ordered. amendment would repeal section 140 of OTHER FEDERAL AGENCIES. AMENDMENT NO. 930 Public Law No. 97–92, thereby removing (a) Except as provided in subsection (b), (Purpose: To establish the procedure for ad- the current requirement that Congress none of the funds appropriated by this or any justing future compensation of justices and affirmatively vote for cost-of-living in- other Act may be used by the Office of Man- judges of the United States) creases for Federal judges. agement and Budget, or any other agency, to Mr. HATCH. Mr. President, I send an Not included in my amendment is publish, promulgate, or enforce any policy, amendment to the desk. language, originally proposed by the regulation, or circular, or any rule or au- The PRESIDING OFFICER. Without thority in any other form, that would permit Administrative Office and introduced any Federal agency to provide a commer- objection, the pending amendment as part of S. 394 earlier this Congress, cially available property or service to any numbered 929 will be set aside, and the which would give a one-time salary in- other department or agency of government clerk will report. crease to Federal judges. I do believe unless the policy, regulation, circular, or The legislative clerk read as follows: this separate, one-time salary increase other rule or authority meets the require- The Senator from Utah [Mr. HATCH] for warrants serious consideration by this ments prescribed under subsection (b). himself, Mr. LEAHY, Mr. DURBIN, and Mr. body, although not necessarily as part (b)(1) Not later than 120 days after the date KOHL, proposes an amendment numbered 930. of the second degree amendment I am of the enactment of this Act, the Director of Mr. HATCH. Mr. President, I ask the Office of Management and Budget shall presently offering. prescribe regulations applicable to any pol- unanimous consent that reading of the If we are to attract and retain the icy regulation, circular, or other rule or au- amendment be dispensed with. most capable lawyers to serve as Fed- thority referred to in subsection (a). The PRESIDING OFFICER. Without eral judges, it is vitally important that (2) The requirements prescribed under objection, it is so ordered. we ensure that those responsible for paragraph (1) shall include the following: The amendment is as follows: the effective functioning of the judicial (A) a requirement for a comparison be- At the appropriate place, insert the follow- branch receive fair compensation, in- tween the cost of providing the property or ing: cluding reasonable adjustments which service concerned through the agency con- SEC. . JUDICIAL SALARIES. cerned and the cost of providing such prop- allow judicial salaries to keep pace erty or service through the private sector; (a) JUDICIAL COST-OF-LIVING ADJUST- with increases in the cost of living. As (B) a requirement for cost and performance MENTS.—Section 461(a) of title 28, United Chief Justice Rehnquist stated in his benchmarks relating to the property or serv- States Code, is amended to read as follows: ‘‘1996 Year-End Report on the Federal ‘‘(a) Effective on the same date that the ice provided relative to comparable services rates of basic pay under the General Sched- Judiciary,’’ ‘‘We must insure that provided by other government agencies and ule are adjusted pursuant to section 5303 of judges, who make a lifetime commit- contractors in order to permit effective over- title 5, each salary rate which is subject to ment to public service are able to plan sight of the cost and provision of such prop- adjustment under this section shall be ad- their financial futures based on reason- erty or service by the agency concerned or justed by the same percentage amount as the Office of Management and Budget; and able expectations.’’ This amendment, (C) the regulation would not apply to con- provided for under section 5303 of title 5, which I am offering at the request of rounded to the nearest multiple of $100 (or if tingency operations associated with national the Judicial Conference, proposes security or a national emergency. midway between multiples of $100, to the changes viewed by the Judicial Con- next higher multiple of $100).’’. (D) the regulation would not apply if the goods are to be produced or services are to be (b) AUTOMATIC ADJUSTMENTS WITHOUT CON- ference as advancing this objective—an performed by a private sector source at a GRESSIONAL ACTION.—Section 140 of the reso- objective with which I believe most lution entitled ‘‘A Joint Resolution making Senators would agree. government owned facility that is operated further continuing appropriations for the fis- Mr. President, I urge adoption of the by the private sector source. cal year 1982, and for other purposes.’’, ap- amendment. Mr. THOMAS. Mr. President, I ask proved December 15, 1981 (Public Law 97–92; The PRESIDING OFFICER. Is there unanimous consent that Senator 95 Stat. 1200; 28 U.S.C. 461 note) is repealed. further debate on the amendment? If HAGEL be added as a sponsor of the Mr. HATCH. Mr. President, my not, the question is on agreeing to the amendment. amendment delinks judges’ salaries amendment of the Senator from Utah. The PRESIDING OFFICER. Without from our salary problem, because it is The amendment (No. 930) was agreed objection, it is so ordered. unbelievable how terrible it is in many to. Mr. THOMAS. I thank the Chair. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7669 I suggest the absence of a quorum. AMENDMENT NO. 931 Klein nomination, the Senate proceed The PRESIDING OFFICER. The (Purpose: To amend the Federal Election to a vote on calendar No. 139, the nomi- clerk will call the roll. Campaign Act) nation of Eric Holder. The legislative clerk proceeded to Mr. CAMPBELL. Mr. President, I I further ask unanimous consent call the roll. now send an amendment to the desk on that, immediately following the vote Mr. CAMPBELL. Mr. President, I ask behalf of the majority leader, Senator on the Holder nomination, the motions unanimous consent that the order for LOTT, and the minority leader, Senator to reconsider be laid upon the table; the quorum call be rescinded. DASCHLE, and ask for its immediate that any statements relating to either The PRESIDING OFFICER. Without consideration. of these nominations appear at the ap- The PRESIDING OFFICER. The objection, it is so ordered. propriate place in the RECORD; that the clerk will report. Mr. CAMPBELL. Mr. President, I ask President be immediately notified of The assistant legislative clerk read the Senate’s action; and that the Sen- unanimous consent that the Senate as follows. now resume consideration of amend- ate then return to legislative session. The Senator from Colorado [Mr. CAMP- The PRESIDING OFFICER. Is there ment No. 929 by Senator THOMAS and BELL], for Mr. LOTT, for himself and Mr. ask that the yeas and nays be vitiated. objection? Without objection, it is so DASCHLE, proposes an amendment numbered ordered. The PRESIDING OFFICER. Without 931. f objection, it is so ordered. Mr. CAMPBELL. Mr. President, I ask Is there further debate on the amend- unanimous consent that the amend- RECESS UNTIL 5 P.M. ment? If not, the question is on agree- ment not be read at length. ing to the amendment. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without the previous order, the Senate stands The amendment (No. 929), as modi- objection, it is so ordered. in recess until the hour of 5 p.m. fied, was agreed to. The amendment is as follows: Thereupon, at 4:49 p.m., the Senate Mr. CAMPBELL. Mr. President, I At the appropriate place, insert the follow- recessed until 5 p.m.; whereupon, the move to reconsider the vote. ing: Senate reassembled when called to SEC. . Section 302(g)(1) of the Federal Mr. KOHL. I move to lay that motion order by the Presiding Officer [Ms. on the table. Election Campaign Act of 1971 (2 U.S.C. 432(g)(1)) is amended— COLLINS]. The motion to lay on the table was (1) by striking ‘‘and’’ after ‘‘Senator,’’; and f agreed to. (2) by inserting after ‘‘candidate,’’ the fol- Mr. CAMPBELL. Mr. President, I lowing: ‘‘and by the Republican and Demo- EXECUTIVE SESSION cratic Senatorial Campaign Committees’’. suggest the absence of a quorum. The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Mr. CAMPBELL. I ask the Senate the previous order, the Senate will now clerk will call the roll. adopt this amendment. go into executive session. The PRESIDING OFFICER. The The legislative clerk proceeded to f call the roll. question is on agreeing to the amend- Mr. CAMPBELL. Mr. President, I ask ment. NOMINATION OF JOEL I. KLEIN, OF unanimous consent that the order for The amendment (No. 931) was agreed THE DISTRICT OF COLUMBIA, TO the quorum call be rescinded. to. BE AN ASSISTANT ATTORNEY The PRESIDING OFFICER. Without Mr. CAMPBELL. Mr. President, I GENERAL objection, it is so ordered. move to reconsider the vote. Mr. KOHL. I move to lay that motion The bill clerk read the nomination of Mr. CAMPBELL. Mr. President, I ask on the table. Joel I. Klein, of the District of Colum- unanimous consent that the following The motion to lay on the table was bia, to be an Assistant Attorney Gen- be the only remaining first-degree agreed to. eral. amendments other than the pending Mr. CAMPBELL. I suggest the ab- Mr. ALLARD addressed the Chair. amendments and that they be subject sence of a quorum, Mr. President. The PRESIDING OFFICER. The Sen- to relevant second-degree amendments. The PRESIDING OFFICER. The ator from Colorado is recognized. They are an amendment by Senator clerk will call the roll. Mr. ALLARD. I suggest the absence FAIRCLOTH, two by Senator HUTCHISON, The legislative clerk proceeded to of a quorum. three amendments by Senator call the roll. The PRESIDING OFFICER. The COVERDELL, one by Senator ABRAHAM, Mr. CAMPBELL. Mr. President, I ask clerk will call the roll. one by Senator DEWINE, one by Sen- unanimous consent that the order for The bill clerk proceeded to call the ator CHAFEE, one by Senator COLLINS, the quorum call be rescinded. roll. one by Senator GRASSLEY, one by Sen- The PRESIDING OFFICER. Without Mr. HATCH. Madam President, I ask ator HATCH, one by Senator DASCHLE, objection, it is so ordered. unanimous consent that the order for one by Senators LOTT and DASCHLE, Mr. CAMPBELL. Mr. President, I ask the quorum call be rescinded. one by Senator CLELAND, one man- unanimous consent that when the The PRESIDING OFFICER. Without agers’ amendment, one by Senator House companion measure is passed by objection, it is so ordered. KOHL, one by Senator GRAHAM of Flor- the Senate, pursuant to the previous Mr. HATCH. Madam President, I ida, one by Senator BINGAMAN, one by order, that the passage of S. 1023 be vi- would like to comment just briefly Senator DODD, and two by Senator tiated and that S. 1023 be indefinitely here on the nomination of Mr. Joel FEINSTEIN. postponed. Klein, who has been nominated for the I further ask that following the dis- The PRESIDING OFFICER. Without position of Assistant Attorney General position of the above-listed amend- objection, it is so ordered. of the Antitrust Division of the Depart- ments, the bill be advanced to third f ment of Justice. reading and final passage occur, and Last Friday, I spoke on this floor in when the Senate receives the House UNANIMOUS-CONSENT AGREE- support of Mr. Klein and urged my col- companion bill, all after the enacting MENT—NOMINATIONS OF JOEL I. leagues to support his nomination. I clause be stricken and the text of the KLEIN AND ERIC H. HOLDER, JR. certainly continue wholeheartedly to Senate bill be inserted, the bill be ad- Mr. CAMPBELL. Mr. President, I ask support Mr. Joel Klein. And I continue vanced to third reading and passed, and unanimous consent that the Senate to urge my colleagues to join me. the Senate insist on its amendments stand in recess until 5 p.m., and at 5 I will not repeat today all that I had and request a conference with the p.m., the Senate proceed to executive to say last week on Mr. Klein’s behalf, House, and the Chair be authorized to session for the consideration of the but I would like to reiterate that sup- appoint conferees. nomination of Joel Klein, with the pre- port and have my statement from last The PRESIDING OFFICER. Is there vious time limitations. Friday printed in the RECORD. I ask objection? Without objection, it is so I further ask unanimous consent that unanimous consent to have that state- ordered. immediately following the vote on the ment printed in the RECORD. S7670 CONGRESSIONAL RECORD — SENATE July 17, 1997 There being no objection, the mate- policymakers, and the health of competition with several Senators who have expressed rial was ordered to be printed in the in our economy and I look forward to work- opposition to the nomination of Joel Klein RECORD, as follows: ing with him in the coming years. to head the Antitrust Division at the Justice In what appears to be a last-ditch effort to Department. Mr. Klein should be confirmed STATEMENT OF SENATOR ORRIN HATCH ON THE scuttle Mr. Klein’s nomination, there are because he has all the qualities of leadership NOMINATION OF JOEL I. KLEIN TO BE ASSIST- some who have now floated an allegation and judgment to make an outstanding As- ANT ATTORNEY GENERAL OF THE ANTITRUST that the nominee’s participation in a par- sistant Attorney General. In fact, the rea- DIVISION OF THE DEPARTMENT OF JUSTICE, ticular merger decision was somehow im- sons why his detractors have put his nomina- JULY 11, 1997 proper. Upon examination, let me say that it tion on ‘‘hold’’ actually support the case for Mr. President, I rise today on behalf of Mr. appears to me that these reports are wholly his nomination. The objections to his nomi- Joel Klein, who has been nominated for the unfounded and provide no basis whatsoever nation stem not from concern about his position of Assistant Attorney General of for questioning the nominees conduct. I un- qualifications, but from a difference of opin- the Antitrust Division of the Department of derstand that, with respect to the matter at ion over the best way to ensure competitive Justice. Mr. Klein was reported out of the issue, Mr. Klein consulted with the proper markets in telecommunications. Judiciary Committee unanimously on May 5. ethics officials and was assured that his par- The Antitrust Division was created to As his record and testimony reflect, Mr. ticipation raised no conflict of interest or function as a specialist agency with the ex- Klein is a fine nominee for this position, and even the appearance thereof. Based on what pertise and experience essential to making I am pleased that his nomination has finally we know, this judgment appears sound, and I sound antitrust enforcement decisions. been brought before the full Senate today. am confident that the nominee has con- Quick, intuitive judgments based upon an in- He has my strong support. ducted himself appropriately. I should hope complete understanding of either the facts or I believe Mr. Klein is as fine a lawyer as that nobody in this body will use this extra- the law can easily lead to incorrect deci- any nominee who has come before this com- neous, ill-founded notion as an eleventh hour sions. Critics of Mr. Klein’s recent decisions mittee. He graduated magna cum laude from basis for opposing Mr. Klein’s nomination. I are at a disadvantage because they cannot Harvard Law School before clerking for am confident that Mr. Klein is a man of in- possibly have his detailed knowledge of the Chief Judge David Brazelon of the D.C. Cir- tegrity, and urge my colleagues to cast their facts. That is why Congress wisely entrusted cuit and then Supreme Court Justice Lewis votes in his favor. such decisions to an expert agency. In the Powell. Mr. Klein went on to practice public Some have suggested that Mr. Klein is past that trust has not been misplaced be- interest law and later formed his own law misapplying the Telecommunications Act cause the Division has been willing to take firm, in which he developed an outstanding and has taken questionable positions on par- an unpopular stand that it considered to be reputation as an appellate lawyer arguing— ticular mergers. I will refrain here from in the public interest—as it did in settling and winning—many important cases before passing judgment on any particular decision the AT&T case. the U.S. Supreme Court. For the past two and from engaging in a detailed debate on Mr. Klein’s willingness to reach a decision years, Mr. Klein has ably served as Principal Telecommunications antitrust policy. I fully on the Bell Atlantic merger indicates he has Deputy in the Justice Department’s Anti- recognize that there are some very, very im- the courage to make a fine Assistant Attor- trust Division, and for the past several portant issues at stake here, especially in ney General. He made a decision despite the months he has been the Acting Assistant At- light of a number of ambiguities left in the fact that whatever he decided to do was like- torney General for the Antitrust Division. wake of the Telecommunications Act. I also ly to offend someone who was considering his It is clear, both from his speeches and his recognize that there have been some con- nomination. No doubt Mr. Klein could have enforcement decisions, that Mr. Klein is troversial mergers in this area, and yet other found a way to delay a decision until after he within the mainstream of antitrust law and potentially landmark mergers which have was confirmed. Instead, he made what he be- doctrine and will be a stabilizing influence not come to pass. lieved was the correct decision from the per- at the Antitrust Division. While no one In short, telecommunications competition spective of the antitrust laws. Mr. Klein is doubts his willingness to take vigorous en- and antitrust policy is one of the most im- being criticized for doing his job. To sub- forcement actions when appropriate, it is a portant, yet somewhat unsettled, policy stitute the political process for the judgment credit to Mr. Klein that the U.S. Chamber of areas affecting our emerging, transforming of an expert enforcement agency in an area Commerce, the National Association of Man- economy. The looming policy decisions to be where both the facts and the law are remark- ufacturers and other business associations made in this area cannot be ignored and in- ably complicated would be a dangerous have written in strong support of his nomi- deed I plan to have the Judiciary Committee precedent that could only harm enforcement nation to lead the Antitrust Division. They and/or our Antitrust Subcommittee fully ex- of the antitrust laws in the future. We hope believe he will be good for American busi- plore these issues. that those who have expressed misgivings ness. And I think they are right. But I believe it is neither fair nor wise to about Mr. Klein’s nomination will soon allow At the same time, Mr. Klein has dem- hold a nominee hostage because of such con- it to come to a vote, so that Mr. Klein can be onstrated a sense of direction and a vision cerns. In my view, sound public policy is best confirmed—as he should be. for the Antitrust Division, which is impor- served by bringing this nominee up for a JAMES F. RILL. tant in a leader. He is committed to enforc- vote, permitting the Justice Department to JOHN H. SHENEFIELD. ing our Nation’s antitrust laws in order to proceed with a confirmed Chief of the Anti- Mr. Rill was Assistant Attorney General in uphold our cherished free enterprise system trust Division, and for us in Congress to charge of the Antitrust Division during the and protect consumers from cartels and move forward and work with the Department Bush Administration; Mr. Shenefield was As- other anticompetitive conduct. So, I am cer- and other involved agencies in the formula- sistant Attorney General in charge of the tain that Mr. Klein will also be good for con- tion and implementation of telecommuni- Antitrust Division during the Carter Admin- sumers. cations policies. istration. Antitrust doctrine has had its ups and I hope that all Senators, and especially Mr. HATCH. I am very pleased that downs over the years—although we may not those of the President’s own party, would all agree on which times were which. At this permit the administration’s nominee to be cloture was invoked last week with point, however, I am hopeful that antitrust voted on. such overwhelming support. I must is entering a more mature and more stable Mr. HATCH. I would also like to say, however, that I was quite sur- period. Although antitrust analysis is fact- point out that numerous past and prised, and disappointed even, to find intensive and will always contain gray areas, present Government officials and at- us in the position of voting on cloture I hope Mr. Klein will work to help make torneys have voiced strong support for for someone as good as Joel Klein. antitrust doctrine as clear and predictable as Even I, as chairman or ranking mem- possible so that companies know what is per- Mr. Klein, including James Rill and John Shenefield, who headed the Anti- ber of the Judiciary Committee, have mitted and what the Antitrust Division will not filibustered a single Clinton admin- challenge. This will help businesses compete trust Division during the Bush and istration nominee for the Justice De- vigorously without the worry and chilling ef- Carter administrations respectively. fects that result from uncertainty. I would I also ask unanimous consent that a partment or the Federal courts. I am suggest that the Division’s goal should be to letter to the New York Times editor not saying I will not in the future, but avoid burdens on lawful business activities from Messrs. Rill and Shenefield be I will say that I have not up until now. while appropriately enforcing the law Indeed, the last filibuster of a Justice printed in the RECORD. against those who clearly violate it. Department nominee was over the Finally, I would like to add that I person- There being no objection, the mate- rial was ordered to be printed in the nomination of Walter Dellinger to head ally have been very impressed with Mr. the Department’s Office of Legal Coun- RECORD, as follows: Klein. He strikes me as a person of strong in- sel back in October of 1993. Of all the tegrity, as a highly competent and talented WASHINGTON, DC, nominees I have seen in recent years, I lawyer who is well-suited to lead the Anti- July 11, 1997. trust Division. While I expect we may not al- The NEW YORK TIMES, must say that Joel Klein certainly ways agree on every issue, I believe that Mr. New York, NY. ranks among the very best of them. Klein’s skills and expertise will be a service TO THE EDITOR: We write to state our dis- Of course, I know my good colleague to the Department of Justice, to antitrust agreement with the New York Times and from South Carolina would not take July 17, 1997 CONGRESSIONAL RECORD — SENATE S7671 this step lightly and without what is, can also say, as someone who has had a debate before the unnecessary cloture in his view, adequate justification, but little experience in the law, that Mr. vote on Monday. That agreement was in fairness I think we must now move Klein will stack up with anybody. He is confirmed by the majority and minor- quickly to confirm this nominee who a fine nominee. I commend the Presi- ity leaders and pursuant thereto we are has been awaiting confirmation since dent for having made this choice, for debating the nomination today. May 5 of this year. having had the foresight to put some- In this regard, I note the consistent As I explained last Friday, I believe body like this into the Justice Depart- willingness of Senator HOLLINGS to de- it is critical for the Department of Jus- ment. bate and vote on this nomination from tice, and the business community gen- I commend Mr. Klein for the work the outset, and the sincere efforts of erally, to have a permanent, confirmed that he has done up to date, for his Senators DORGAN and KERREY to obtain antitrust chief. Until we do, any anti- fearless work and not waiting until he clarification of issues that concern trust matter before the Department of is confirmed to act as the acting person many of us. Justice will invite political maneuver- in that Department and for the work I have given a good deal of thought ing and gamesmanship by the affected he did prior to this nomination in that to this nomination. I believe that the parties, and any ultimate decision by Department. I commend him for a life- Antitrust Division and the Assistant the Department, no matter how justi- time of service to this country and to Attorney General who heads it are ex- fied on the merits, will unfairly be sub- his family and to the law firms that he tremely important to effective enforce- ject to criticism. has worked with. ment of our laws and protection of Mr. Klein has, to his credit, not per- There is no question he has the aca- American consumers. I have come to mitted the likelihood of such criticism demic and other credentials that far rely on them for advice as we draft leg- to deter him from leading the Depart- exceed the academic and other creden- islation and develop policies to foster ment to bring closure on critical mat- tials of many others who served with competition. ters pending before the Antitrust Divi- distinction, who served in the Govern- I hope to continue to do so. I believe sion. I believe it is most unfortunate ment of the United States, and particu- that the President is to be given sig- that, because of this body’s, the U.S. larly in the Justice Department. nificant deference on his selections for So I am very happy to support his Senate’s, delay, Mr. Klein has been un- his Administration team. The Attorney nomination. I hope that today every- fairly criticized for such decisions. General has contacted us in support of body will support his nomination. I This does a disservice to the Depart- Mr. Klein and his interpretation of the think it is the right thing to do. ment as well as to those who come be- law, and that means a good deal to me. Again, I say, my colleague from fore it. As I consider the legal interpretations By urging that we move to confirm South Carolina is sincere and dedicated and policies in question, I do not find Mr. Klein, and in expressing my sup- in his effort, but I hope he will see fit myself in total agreement with the port for this fine nominee, I intend in to support this nomination as well, on Acting Assistant Attorney General. no way to diminish the important is- the basis that he has made his case, he Nonetheless, I will vote to confirm sues raised by my colleague from has made his arguments, he has stood him. South Carolina, and others, regarding up for what he believes his principles competition and antitrust policy in the are, and now it is time to support the Unlike some who have spoken in op- telecommunications field. Quite the President’s nominee for this particular, position to this nomination, I feel that contrary, it is my belief that tele- important position in the Antitrust Di- a good deal of the fault I find with Mr. communications competition and anti- vision. Klein’s positions stems from the Tele- trust policy is one of the most impor- Mr. LEAHY. Madam President, it is communications Act of 1996. I worked tant, yet somewhat unsettled, policy my hope that Joel Klein will be a hard to correct and improve that act’s areas affecting our emerging and trans- strong and effective advocate for com- weak and deferential standards for en- forming economy. petition and the interests of consumers suring competition. In some measure In fact, I announce today that I plan when he is confirmed as Assistant At- we succeeded in strengthening the act, to work in coordination with Senator torney General for the Antitrust Divi- but other significant provisions that I DEWINE, who chairs the Judiciary sion of the Department of Justice. supported to foster competition and Committee’s Antitrust Subcommittee, I had a close working relationship protect consumers were rejected. That to explore the looming policy decisions with his predecessor, Anne Bingaman. I was a principal factor in my decision to in this area and the role of the Depart- hope that we can develop that kind of vote against that act—the bill was not ment of Justice in the telecommuni- relationship, as well. strong enough. cations arena. In my view, there are Mr. Klein has been buffeted a good Others predicted that passage of the few competitive issues which are more bit since being nominated. He had to Telecommunications Act would launch worthy of examination than this one. answer some tough questions during an era of competition in which cable Notwithstanding the tremendous im- his nomination hearing about approv- companies would compete with the re- port of the issues raised by some of my ing the Bell Atlantic-NYNEX merger gional Bell operating companies for colleagues, I believe it is neither fair without conditions. After the Judiciary local phone service, long distance com- nor wise to hold this nominee and the Committee reported his nomination to panies would compete with the Bells in Antitrust Division hostage because of the Senate on May 8, he responded to a both local and long distance services, concerns about his potential positions letter from Senator BURNS and suc- and regional Bell operating companies in this very turbulent area of the law. ceeded in convincing our colleague to would compete against each other. The In my view, sound public policy is best remove his hold on this nomination. promise of competition was a sales served by bringing this nominee up for That letter and an addendum filed by pitch but has not materialized to bene- a vote, permitting the Justice Depart- Mr. Klein as Acting Assistant Attorney fit American consumers. Instead of ment to proceed with a confirmed Chief in connection with the application of competition, we see entrenchment, of the Antitrust Division, and for us in SBC Communications before the FCC mega-mergers, consolidation, and the Congress to move forward and work raised serious concerns for a number of divvying up of markets. with the Department and other in- other Senators, however. I, too, hoped that the Justice Depart- volved agencies in the formulation and Last week the Senate proceeded by ment Antitrust Division would act ag- implementation of telecommunications unanimous consent to consideration of gressively to protect consumers and policies. this nomination. Until that moment, I foster competition. I have noted my So, I urge my colleagues on both understood there to have been Repub- concerns during Mr. Klein’s confirma- sides of the aisle to vote to confirm lican holds against this nominee. Why tion hearing in my questioning of his Joel Klein as Assistant Attorney Gen- the Republican leadership proceeded unconditional approval of the Bell At- eral for the Antitrust Division. immediately upon calling up this nom- lantic-NYNEX merger. If the current I have known Mr. Klein for quite a ination to file a cloture petition, they law only serves to protect against while, and I have to say I know him will have to explain. In fact, we had mergers that tend to diminish competi- well. I also know his abilities well. I worked out a time agreement for the tion where it already exists, it may be S7672 CONGRESSIONAL RECORD — SENATE July 17, 1997 time to amend the law to foster com- Judiciary Committee over the last sev- where his actions seem to be very, very petition where none has existed. I hope eral weeks. much procompetitor—my hope is that that Joel Klein will help us do that. Some wrongly view confirmation as Mr. Klein is. As the head of the Anti- I was taken aback by the language the end of the nominee’s work with the trust Division of Justice—I can read Mr. Klein used in his May 20 letter to Senate. I hope that this is just the be- the tea leaves earlier on the cloture Senator BURNS by which he ‘‘specifi- ginning of Assistant Attorney General vote and would expect he will receive a cally rejected the suggestion in the Joel Klein’s work with us to protect fairly substantial vote, a resounding conference report’’ on the Tele- consumers and foster competition. This vote of support. My hope is I am wrong. communications Act that the 8(c) test is an awesome responsibility. This morning in the Omaha World be employed. But the more that I re- Mr. HATCH. I suggest the absence of Herald this article appeared. The head- viewed the matter, the more I realized a quorum. line says, ‘‘So Far, Consumers the Los- that much of the fault lies with the The PRESIDING OFFICER. The ers in Battle for Dial-Tone Dollars.’’ conference report itself and the Tele- clerk will call the roll. Madam President, this is what Mem- communications Act’s failure to pro- The bill clerk proceeded to call the bers should be concerned about, not vide a definitive test. roll. just the Antitrust Division of Justice I was not appointed to serve on that Mr. HATCH. I ask unanimous consent but they should also be concerned conference committee, although I was that the call of the quorum be re- about the nominees for the Federal serving as the ranking Democrat on scinded. Communications Commission and what the Antitrust Subcommittee on the Ju- The PRESIDING OFFICER. Without they intend to do, how they intend to diciary Committee at the time. I would objection, it is so ordered. vote, how they intend to make certain Mr. KERREY addressed the Chair. have wanted to help that conference in- that we have competition, because un- The PRESIDING OFFICER. The Sen- corporate a stronger test into the law. less we get competition at the local ator from Nebraska is recognized. That did not happen. level, unless there is competition at Mr. KERREY. Madam President, I It is my hope that working with the that local level for that local dial tone, had a conversation with the distin- Department of Justice we can now help indeed for all information and services guished Senator from Utah who en- ensure that the test the Attorney Gen- at the local level, it is not likely the couraged me to throw my entire pre- eral has adopted—that the local mar- consumers will benefit in the same pared remarks away and take a gentle- ket be fully and irreversibly open to ways that consumers benefited after di- manly course and support the nomina- competition—is a meaningful standard vestiture in 1982. Divestiture produced tion of Joel Klein. I have chosen not to and strong enforcement tool. If not, competition in long distance. That do that. I have great respect for the Congress should revisit it and strength- competition resulted in a reduction of Senator from Utah, and I have chosen en it. price to the consumer and an improve- I do think that Senator HOLLINGS is to continue to offer to my colleagues ment of quality, as competition almost correct when he criticizes the adden- reasons why I have chosen to vote always does. dum to the Justice Department’s sub- against Joel Klein, why I have chosen mission in connection with the SBC to oppose the nomination. Without precedent, this legislation Communications application. Both I like the man, I respect him, I be- proposes to move us from a monopoly at the local level—which we still have Senator HOLLINGS and Congressman lieve he is a good individual, and I for most residential customers—from a BLILEY concur as principal drafters of don’t like coming here opposing a the law regarding their intent and its nominee that President Clinton sent to monopoly to a competitive environ- meaning. I trust that the Antitrust Di- the Congress for confirmation. I would ment. We are not there yet. We still vision will review its position on the like very much to give him my un- have a monopoly. That monopoly can proper meaning of section 271 of the qualified support, but I simply, Madam always, if there is only one choice that Telecommunications Act and its re- President, cannot. the consumer has, can always basically quirement for competing service pro- About a year and a half ago, many of charge whatever they want to charge. viders to offer facilities-based services. us in this Chamber who participated in This new legislation preempts States In opening the debate on this nomi- this debate over the Telecommuni- authorities from being able to do many nation, Senator HATCH cited ‘‘ambigu- cations Act—and I must say, Madam of the things they had done in the past. ities left in the wake of the Tele- President, one of the reasons I found There are 358,000 residential lines in communications law’’ and ‘‘unsettled myself in opposition to Mr. Klein is I the regional Bell company serving policy areas’’ and said: led him to get the Department a role in Omaha, NE. The present rate for that But I believe it is neither fair nor wise to the Telecommunications Act so that local residential service is proposed to hold a nominee hostage because of such con- they would have some voice in deter- be $16.35, from a current rate of $14.90, cerns, especially one as competent and de- mining whether or not there could be a 9.7-percent increase, almost a 10-per- cent as Joel Klein. In my view, sound public competition prior to approving the cent increase from another local com- policy is best served by bringing this nomi- moving of entry from one sector to an- pany that is also being proposed. They nee up for a vote permitting the Justice De- have that authority, now Madam Presi- partment to proceed with a confirmed chief other. I fought for that, and many op- posed that. We ended the day and pre- dent, to be able to come and raise these of the Antitrust Division, and for us in Con- residential rates. gress to move forward and work with the De- vailed here on the floor, prevailed in partment and other involved agencies in the conference, and prevailed for final pas- It is going to be a problem for all of formulation and implementation of tele- sage. It was signed and made a part of us if we do not get, in as expeditious a communications policies. the law. way as possible, competition down to I agree. I look forward to the Judici- Mr. Klein, in response to a question the local level. What will happen, all of ary Committee and our Antitrust Sub- raised by a Member of this body who us will have to be explaining why it committee exploring these important actually opposed that, it seems to me was, in 1996 when we debated this bill, competition and antitrust policy mat- in a letter gives away Justice’s role. why it was that we all promised this ters. I will likewise expect Senator Now the Attorney General, Janet Reno, would be great for the consumers—re- HATCH to support other Administration has written in response to our asking duction in price, improvement in qual- nominees for areas in which policies her if she thinks Justice has a role, has ity of service—why it is that they are are in controversy. written a letter saying, indeed, she be- not seeing this reduction in price, why Now that the majority leader has lieves Justice does have a role, and she it is they are seeing an increase in moved to implement his new hold pol- intends to exercise the authority the price instead of a promised reduction. icy of proceeding on nominations, I law gives her. The answer will be, we don’t have com- trust he will not delay any further the Indeed, Madam President, Mr. Klein, petition yet. nomination of Eric Holder to be Dep- in meetings with me and with others My belief is that the Congress is uty Attorney General and that he will who were concerned about the remarks going to have to think in a very hard promptly move to consideration of the he made in this letter, has given me as- and clear fashion what it is we have to judicial nominations reported by the surance and pointed to several cases do in order to make certain that we July 17, 1997 CONGRESSIONAL RECORD — SENATE S7673 have competition. I remember the dis- Klein says today, ‘‘Well, I didn’t really the 1960’s, 1970’s and early 1980’s was a tinguished Senator from Arizona, Sen- mean all those things. I intend to be a terrible monopolistic control of Amer- ator MCCAIN, as he debated this bill, very forceful advocate for competi- ican Telephone & Telegraph. The fact and I believe he ended up voting tion.’’ of the matter was that they had some against it for precisely the same rea- Madam President, I don’t believe 12 particular rulings by the Federal sons I am talking about now. He actu- that is likely to happen. Mr. Klein ap- Communications Commission. But the ally talked about lots of regulatory re- proved the Bell Atlantic NYNEX merg- smart lawyers for the AT&T group quirements that didn’t necessarily er. There were a lot of people, when would always put those on appeal, seek mean that we would get competition. this bill was being debated, that would further delay, further consideration. He favored, as I heard him at the time, not have stood up and said, ‘‘The rea- While there were 12 orders on course at something that actually had great ap- son I am supporting this is because I the Federal Communications Commis- peal to me, which is forget all the regu- hope what we get is the regional Bell sion, mind you me, none of them could latory requirements, let’s have almost operating companies merging with one get enforced. We were in an outrageous a Le Mans racing start. Set a time cer- another. I hope that happens. I hope we standoff in the courts and at the Com- tain when everybody can compete, re- get mergers because that is exactly mission and, yes, an outrageous stand- gardless of who they were, in every- what we need in order to get more off in the Congress itself. We could not body else’s market—let’s have that. choice.’’ I don’t know how that pro- get a bill passed. They have that much As my colleagues will probably recall duces more choice for the residential political power. There isn’t any ques- in 1996 when we were having our de- consumers in this new expanded area tion about it. bate, the prediction was that what we that now a single company will have. I So, a very brilliant and dedicated ju- would have is the regional Bell compa- see decreased choice. rist, Harold Greene of the circuit court nies competing against one another in I heard a lot of people coming down here in Washington, DC, took this mat- individual markets, that we would and saying in fact what we are likely ter over on a petition from the Justice have the cable companies then compet- to see is the large local monopolies Department for the AT&T breakup. In ing. Since that time, what we have competing with one another for serv- 1984, the modified final judgment was seen is a significant amount of merg- ice. Though we are seeing some of it, I handed down and the Bell companies ers, and I don’t believe the kind of don’t believe we are seeing anywhere were spun off on their own to begin movement needed, with the single ex- near what we promised we were going competition, and AT&T itself was ception of a few companies. We have to see, and unless we get a vigorous ad- opened up for competition. That wasn’t seen Ameritech moving aggressively to vocate for competition in the Depart- easy. I wish my friend, Bill McGowan open their market and try to get ap- ment of Justice, unless we get, as well, of MCI was here because it was 30 years proval, as well to get into long dis- on the Federal Communications Com- ago, practically, that he, with a little tance. That is the transaction that the mission, appointees who will do the two-floor apartment down in George- law provides for—open up your local same, as I said, Madam President, town, with a little aerial on top and market and then you can go into long there will be a lot of people in this Sen- three assistants, started to try to get distance service. That is the idea of the ate as well as in the House of Rep- into long distance. Very interestingly, law. But it isn’t happening very fast. resentatives having to explain to their the Farmer’s Home finally gave him a As a consequence, I don’t think I will consumers, to their residential con- loan. Can you imagine that? Competi- be the only Member who opens up their sumers, just what exactly did you tion started with a Farmer’s Home hometown newspaper and looks at the think was going to happen back in loan. With that little bank, so to headline and sees, ‘‘So far consumers 1996? speak, he worked and brought some the losers in battle for dial-tone dol- So I hope that my colleagues, when cases, he began nibbling away at the lars.’’ The reason the consumers will be they come down here to make a deci- magnificent monopoly of AT&T in long the losers is that the consumers in sion about whether or not they will distance. Omaha, NE, the residential consumers, vote yes or no for the man who will Since that time, of course, the long when it comes to dial tone, they have have a very significant role in deter- distance market has opened up. You’ve two choices—take it or leave it. If you mining whether or not we were right or got MCI, Sprint, GTE, and the Brits don’t like the increase you can buy wrong in 1996, I hope they give very se- are coming in, and the Germans, and your local service from nobody else. rious consideration to whether or not all are participating—the Canadians, You really only have one choice. they believe that this individual is and otherwise. And so you have a very I say, Madam President, I will not be going to be able to do what we all dynamic long distance market. supporting the nomination of Mr. promised we were going to try to do However, the monopolies at the local Klein. I will be voting against Mr. when we voted for and took credit for level persisted, and those monopolies Klein. I hope that other Members who this very significant piece of legisla- were intended for the ‘‘public conven- are wondering what this debate is tion in 1996. ience and necessity’’—that is a phrase about will give it some very serious I yield the floor. hardly heard in the halls of our Na- thought. They will, as well, be hearing Mr. HOLLINGS. Madam President, tional Government—in order for the from consumers in the not-too-distant let me first thank my colleague, the advantages, the services, the oppor- future, if they haven’t already, ‘‘I re- distinguished Senator from Nebraska. tunity, the advancements to be member, Senator, when you were de- He has been very, very participatory brought onto the market and enjoyed bating this. Didn’t I recall you issued a over the years. It actually took us by the public, we instituted the Fed- press release saying that this legisla- about 4 years to get the Telecommuni- eral Communications Commission. We tion was going to produce lots of new cations Act of 1996 to a vote. On both had the old rulings coming out with re- competition and reduction in price, and sides of the Capitol and both sides of spect to getting licenses to carry, and improvement and quality of service? the aisle we had a very, very deliberate otherwise, at the State level, at ‘‘pub- Where is the competition? I still don’t discussion and treatment of the par- lic convenience and necessity.’’ And we see it. Where is the promised price re- ticular issues involved. No one under- intentionally gave these seven Bell op- duction? Where is the promised bene- stood better the thrust of trying to de- erating companies a monopoly. We fits to the consumers that were sup- regulate and bring about competition said: You provide the services and we posed to be coming our way at a thea- than Senator KERREY of Nebraska. I will protect you so that you are not ter near you?’’ Instead, what we have is praise him publicly, once again, for his bothered with the competition. On the price increases. leadership and the inclusions that he contrary, if you get those services to Mr. Klein, in his rather unfortunate, had contained in the final act itself. the people, we will give you a profit as he describes it, letter in response to Referring to that final act, Senator that averages around 12 percent. Some- a question by a Member who opposed KERREY tells exactly what is at stake times, in hearings, it went above that. giving the Justice Department author- here—this institution. The U.S. Senate You find them now to have made one ity over antitrust matters when it seemingly has no historical memory. heck of a lot of money. But my crowd came to telecommunications, Mr. What we really had on course during is down in Buenos Aires, and I just read S7674 CONGRESSIONAL RECORD — SENATE July 17, 1997 this past week that Bell South is in- and I got everything I wanted. Well, You get Senators running around, ‘‘I vesting in Brazil, which has some 20 this was December 1995, right after don’t know what is the matter with our million people. That is way more than that 1994 election. Speaker GINGRICH on bill. We want to open up the market. the 3.6 million that we have in my lit- the House side said, ‘‘If he got every- Let market forces operate.’’ You have tle State of South Carolina. So more thing he wanted, that bill is deader monopolies determined. Here is an- power to them. They have been well- than Elvis.’’ The leader on the Senate other reason here how SBC keeps rivals operated. They have that monopoly. side, Senator Robert Dole, said, ‘‘I am away. ‘‘In Oklahoma, competitors must That was a big headache that we had in not going to call it.’’ pay $19.13 per line for SBC’s unbundled trying to bring about deregulation, de- Of course, I had the duty, during the network, but SBC’s retail rates are regulation, deregulation. ensuing weeks through into Christmas $14.34 a month.’’ This crowd up here in the House and and Christmas week, and all through So, if they are going to charge 20 per- Senate have no idea of the struggle the month of January, of holding the cent again more than anybody coming that we had and the expertise that line. in the market, anybody coming in the went into the drafting of this particu- I describe that to my colleagues be- market is going broke, and there is a lar Telecommunications Act of 1996, to cause I want them to know that every loss by another long distance carrier. make sure that that monopolistic con- little thing in that bill was worked out AT&T is trying to get in this market. trol, that checkpoint, that bottleneck, with everyone and to their satisfaction MCI is trying to get in the other long that choke-point was broken up, so and, finally, of course, to the Speaker distance market. They are losing al- that competition really could ensue. and the Majority Leader Dole, because ready $800 million trying to just break And we had what we call the ‘‘check- the bills were called in February of last it. list.’’ And I can see that being worked year and passed both Houses and were Third, legal attacks. How SBC keeps on late nights around the clock, over signed by the President. rivals away. Legal attacks. SBC has Thanksgiving holidays, working, of Now, in coming about the breakup of appealed even basic decisions by State course, with the Bell operating compa- the monopolies, to make sure—because regulators. For example, SBC appealed nies, we would meet—I forgot my days you can’t get competition going unless a Texas decision to let Teleport Com- now— there was one on Friday and the Bell companies go along. I can tell munications Group provide competing long distance on Monday. The long dis- you here and now, if I ran a monopoly, local service. SBC contends Teleport tance may have been on Friday and the I would continue investing in Buenos had not met State standards. Bell operating companies on Monday. Aires and all like that for my stock- Madam President, I cite this from But I set up a system, those years holders, and what have you, and mak- this particular article because it’s mo- back, as the chairman of the Commit- ing money, and just hold on and appeal mentary, it’s timely. What really hap- tee of Commerce, Science, and Trans- and drag feet and everything else. pens is not just MCI and AT&T, but portation, whereby everything would Let me emphasize that is just exactly others in these monopolies, with their be operated on top of the table. We what has happened, why this particular lawyers, are bringing cases to test the would bring all sides in. They would all nomination ought to really be rejected. constitutionality of the Telecommuni- cations Act of 1996. The one thing they be considered and they would be told It is a sort of sad day when you work said, ‘‘Let’s stop the bickering. Can’t where we were and what we were nego- as hard as you do to get something we work in a bipartisan nature and get tiating and why. done for the administration, and the I deemed that nothing was going to administration sends up an appoint- things done?’’ The one thing done this be done, because there were all kinds of ment of this kind that upsets the en- past Congress on a bipartisan basis was attempts during the 1970’s and 1980’s— tire apple cart. a 95 to 4 vote for the Telecommuni- and I had learned from hard experience Let me tell you, Madam President, cations Act of 1996—totally bipartisan. that you had to have a bipartisan bill here it is, just last weekend, ‘‘MCI Wid- I think those things ought to be under- and you had to have all the parties in, ens Local Market; Loss Estimate,’’ in stood and how they came about, and and no last minute surprises, or any- the July 11 Wall Street Journal. Some how long and hard we worked over thing of that kind. So credit must be $800 million—saying its losses from en- them. Now, in getting about this particular given to the various staffs on the Re- tering that business could total $800 task, I communicated with President publican and Democratic sides, work- million this year, more than double its Clinton and the White House and asked ing around the clock, to fathom the original estimate. Why? Because here him if he could note in a letter just ex- particular provisions that are in issue is an analysis right here again in the actly what his concerns were. I want to in this particular appointment. Wall Street Journal, over the weekend, I know that some don’t want to hear, when they announced that their shares make sure staff gets copies of every and others don’t care and they don’t dropped 17 percent. I only quote Chris one of these because they are not get- listen to this particular background. Mines, senior analyst of Forester Re- ting my file. And every time I get But it is a very interesting thing be- search, Inc., in Cambridge, MA, who ready to talk, I just need a few notes. cause it was worked out and finally said, ‘‘MCI’s complaints are totally jus- I can’t even get a few notes. They are voted upon by 95 Republican and Demo- tified. In general, I think local carriers back there hidden away. So you get cratic Senators when it passed. There are dragging their feet, using every your copies. Remember this: I have a White House was a strong majority over on the means at their disposal to protect their letter, Madam President, dated October House side. monopolies.’’ 26, 1995, from President Clinton. I ask It was a bill that, interestingly, when Now, Madam President, it is just not unanimous consent that this letter be we finally agreed in December of 1995, the news articles in the Wall Street printed in the RECORD. our distinguished friend, the Vice Journal. Take this week’s Business There being no objection, the mate- President of the United States, heard Week magazine, on page 33, ‘‘Why SBC rial was ordered to be printed in the that we in conference had gotten an Shouldn’t be the First Bell in Long RECORD, as follows: agreement, and he came on the NBC Distance.’’ Rather than reading the en- Evening News program right in the tire article, little squibs encapsulate THE WHITE HOUSE, Washington, DC, October 26, 1995. middle of the news program. I hap- those reasons. ‘‘How SBC keeps rivals Hon. ERNEST F. HOLLINGS, pened to be listening when I had gotten away: one, excess charges. AT&T need- Ranking Member, Committee on Commerce, back to the office. What occurred was ed customized routing to provide direc- Science, and Transportation, U.S. Senate, that Tom Brokaw said, ‘‘Wait a tory assistance to its customers in Washington, DC. minute, ladies and gentlemen, we have SBC’s territory. SBC’s initial quote is DEAR FRITZ: I enjoyed our telephone con- a newsbreak from the Vice President of $300 million. AT&T says other Bells versation today regarding the upcoming con- the United States.’’ I was worried that charge $1 million to $2 million.’’ That ference on the telecommunications reform something may have occurred to the bill and would like to follow-up on your re- is rather than the $300 million. quest regarding the specific issues of concern President, but it was not that at all. He So it is perfectly obvious that they to me in the proposed legislation. came on and said, ‘‘We finally got my sit there and make this outrageous As I said in our discussion, I am committed information superhighway agreed upon charge and that holds up everything. to promoting competition in every aspect of July 17, 1997 CONGRESSIONAL RECORD — SENATE S7675 the telecommunications and information in- Attorney General’’—whatever you and Phil Verveer for having invited me. I can dustries. I believe that the legislation should want to call Mr. Joel Klein—‘‘in our tell from reading the program and looking at protect and promote diversity of ownership camp, rather we can hold on and con- the impressive array of speakers that this and opinions in the mass media, should pro- has been a comprehensive and informative tect consumers from unjustified rate in- tinue making out like gangbusters for conference on some cutting-edge issues in creases for cable and telephone services, and, years to come.’’ the communications industry. In fact, when in particular, should include a test specifi- Now, as a result of the President’s I realized that I was going to be the last per- cally designed to ensure that the Bell compa- letter, we finally have section son to speak I was reminded of Adlai nies entering into long distance markets will 271(c)(1)(A) of the Telecommunications Stevenson’s quip in a similar situation when not impede competition. Act, and I ask that the statement he said, ‘‘We’re at the point in the program Earlier this year, my Administration pro- under ‘‘presence of the facilities-based where everything that could be said has been vided comments on S. 652 and H.R. 1555 as competitor, including both residential said but, unfortunately, not everyone has passed. I remain concerned that neither bill had a chance to say it.’’ So, I’m especially provides a meaningful role for the Depart- and business subscribers, having a fa- appreciative that so many of you have ment of Justice in safeguarding competition cilities-based competitor for both busi- stayed around to hear my closing remarks before local telephone companies enter new ness and residential’’—which was pro- and I hope that, despite the odds, I may be markets. I continue to be concerned that the scribed in this law, and there are no ifs, able to add something to the overall discus- bills allow too much concentration within ands and buts how it is written—I ask sion. the mass media and in individual markets, unanimous consent that it be printed Let me start by stating the obvious: what which could reduce the diversity of news and we’re going through right now in the com- in the RECORD, just that section is nec- information available to the public. I also munications field is truly extraordinary. believe that the provisions allowing mergers essary and not the entire act, of Technology, globalization, and last year’s of cable and telephone companies are overly course. legislative, executive, and administrative ac- broad. In addition, I oppose deregulating There being no objection, the mate- tions have come together to create an envi- cable programming services and equipment rial was ordered to be printed in the ronment of rapid change, great opportunity, rates before cable operators face real com- RECORD, as follows: and considerable risk. We all know that ten petition. I remain committed, as well, to the (A) PRESENCE OF A FACILITIES-BASED COM- years from now things will be very different other concerns contained in those earlier PETITOR.—A Bell operating company meets in the communications industry; we just statements on the two bills. the requirements of this subparagraph if it don’t know how they’ll differ. From our per- I applaud the Senate and the House for in- has entered into one or more binding agree- spective at the Antitrust Division, we have cluding provisions requiring all new tele- ments that have been approved under section one, overarching goal—to maximize competi- visions to contain technology that will allow 252 specifying the terms and conditions tion. To be more concrete about that, as I parents to block out programs with violent under which the Bell operating company is see it, the ideal result would be a variety of or objectionable content. I strongly support providing access and interconnection to its different conduits—be it wire, wireless, retention in the final bill of the Snowe- network facilities for the network facilities cable, or what have you—that link people Rockefeller provision that will ensure that of one or more unaffiliated competing pro- with all kinds of content—be it voice, video, schools, libraries and hospitals have access viders of telephone exchange service (as de- audio, computer, and so on. But envisioning to advanced telecommunications services. fined in section 3(47)(A), but excluding ex- an ultimately desirable competitive market I look forward to working with you and change access) to residential and business structure is not the difficult part here: your colleagues during the conference to subscribers. For the purpose of this subpara- what’s really hard is how we get there in a produce legislation that effectively addresses graph, such telephone exchange service may market that’s transitioning from regulation these concerns. be offered by such competing providers ei- to competition. And that is the journey that Sincerely, ther exclusively over their own telephone ex- we in the Antitrust Division have embarked BILL CLINTON. change service facilities or predominantly upon—at a somewhat dizzying pace. I might Mr. HOLLINGS. Madam President, I over their own telephone exchange facilities add, since the passage of the 1996 Telecom in combination with the resale of the tele- Act a little more than a year ago. quote the second paragraph: Before I focus in on some of the specifics, communications services of another carrier. As I said in our discussion, I am committed let me give you a sense of the breadth of For the purpose of this subparagraph, serv- to promoting competition in every aspect of what we’re dealing with. In the first place, ices provided pursuant to subpart K of part the telecommunications and information in- we’ve seen a flood of radio mergers now that 22 of the Commission’s regulations (47 C.F.R. dustries. I believe that the legislation should the 1996 Act has authorized far more liberal 22.901 et seq.) shall not be considered to be protect and promote diversity of ownership ownership rules. I’m advised that there have telephone exchange services. and opinions in the mass media, should pro- been over a thousand such mergers in the tect consumers from unjustified rate in- Mr. HOLLINGS. Madam President, past year and about 150 of them have been creases for cable and telephone services and, we had a glowing candidate for the brought before the Division, principally in particular, should include a test specifi- Acting Assistant Attorney General in through the hart-Scott-Rodino process, but cally designed to ensure that the bell compa- Joel Klein on March 11, 1997. He went also through independent inquiry in several nies entering into long distance markets will non-reportable transactions. We’ve con- not impede competition. down to a class, a legal work seminar, on March 11, and the title of the semi- ducted extensive investigations in many of I emphasize this because I had the nar was ‘‘Preparing for Competition in these cases and, to date, we’ve sought charge from the President himself. divestitures in a handful of mergers. And a Deregulated Telecommunications Now you have the President’s nominee while that’s important in terms of the econ- Market.’’ omy the real story here is how much con- coming and refuting all of that, be- Joel Klein, on page 9, I read here, and cause if you want to know where rates centration is occurring. In short, the con- I quote: ‘‘Now let me add a few words centration envisioned by Congress is taking will increase, instead of competition, about how we will apply this standard place, no doubt allowing the industry to we are going to get consolidation, and to our BOC applications under section achieve some important efficiencies. And so instead of a competitive place in the 271 of the act. Our preference, though long as this consolidation doesn’t erode com- market, you are going to get fixes all we recognize that it may not always petitive opportunities in any market—and, around. This crowd has been operating occur, is to see actual broad-based with the application of sound antitrust prin- ciples as a guide. I don’t think it will—then monopolies for, lo, decades upon dec- business and residential entry into a ades. They know how to do it. They these mergers may ultimately strengthen local market.’’ the position of radio in the overall commu- have a hard time learning. I ask unanimous consent that this AT&T in the 1980’s pared down by a nications industry. And, frankly, that’s all particular speech be printed in the to the good. third the size of AT&T after the modi- RECORD in its entirety. So I am not Beyond radio, we’re also experiencing con- fied final judgment in 1984. But they quoting out of context. solidation in other areas of the communica- made twice the profit after they finally There being no objection, the mate- tions industry. The FCC is still evaluating learned how to compete. Our friends, rial was ordered to be printed in the what limits to place on broadcast ownership the Bells, have yet to come and learn but, in other areas, we’ve already seen sig- RECORD, as follows: nificant movement. There’s been a major that. In fact, I strongly advised from PREPARING FOR COMPETITION IN A these happenings that they have no Bell Company/cable merger—U.S. West/Con- DEREGULATED TELECOMMUNICATIONS MARKET tinental Cable—which the Division cleared idea of competing; they have every (By Joel I. Klein, Acting Assistant Attorney with some modification to the original deal. idea of holding onto the monopoly as General, Antitrust Division, U.S. Depart- And we’ve also seen three major telephone long as they can. ment of Justice) mergers—SBC/Pactel, which we cleared with- Madam President, ‘‘If we can get an First, I want to say that I’m delighted to out objection several months ago, and Bell Assistant Attorney General or Deputy be here today and I’m grateful to Joe Sims Atlantic/NYNEX and MCI/British Telecom, S7676 CONGRESSIONAL RECORD — SENATE July 17, 1997 which are both still pending before us. These ence of several states in paving the way for time when action is complete. It is one of the cases raise important questions about poten- competition in the market for local tele- consequences of the limitations of the tial competition, and also about inter- phone service. Building on that experience in human intellect and of the denial to legisla- national interconnection where market con- 1995, the Antitrust Division, along with tors and judges of infinite prevision.’ ’’ 1 ditions may differ significantly in different Ameritech, AT&T, and many other parties Against the backdrop of this call for hu- countries and we have expended, and will proposed, on a trial basis, a waiver of the mility, let me now go on to highlight the continue to expend, considerable time and MFJ, allowing Ameritech to offer in-region, problems in making the necessary regu- energy analyzing them and other such merg- long distance service in return for compli- latory judgments by examining the four ers that may come before us in the future. ance with some measures designed to open transitional steps that I just mentioned. Now, in the time that remains, I’d like to its local market to competition and a dem- First, in order to get even some local com- focus in on one particularly challenging as- onstration that actual competitive opportu- petition, at least for some period of time, pect of this journey through the communica- nities were expanding. This proposed waiver, competing carriers will have to either pur- tions industry and that is the deregulation like the 1996 Act, contemplated the creation chase service from the LEC at wholesale and of telephone services in this country. This of new, facilities-based, local service as a attempt to compete with the same LEC by was probably the most significant part of the way to bring real competition to the local reselling at retail or it will have to use the 1996 Act and it raises enormously difficult telephone market. The Act seeks to do this LEC’s facilities—switches, loops, and the questions, questions that we at the Division on a much broader scale, and in so doing, like—in whole or in part. In either case, have, to some degree, been dealing with calls for a series of transitional steps. Get- someone has to set a price for the product— under the Modified Final Judgment, or the ting these steps right is no easy task, and al- be it wholesale service or the unbundled ele- ‘‘MFJ,’’ that resulted in the break-up of though they may not immediately lead to ments. That price in turn can have impor- AT&T and the creation of seven Regional the type of comprehensive facilities-based tant repercussions—set too high, it can un- Bell Operating Companies, or ‘‘RBOCs,’’ as service that we hope to see over time, we all fairly burden new entrants and make local they are called, with severe restrictions on realize that we should not let the perfect be competition impossible; and set too low, it what they could do beyond providing local the enemy of the good here. can give new entrants a competitive advan- telephony within their own service areas. As As I see it then, implementing the deregu- tage at the expense of the incumbent LEC. a result of that lawsuit, there can be little latory vision set out in the 1996 Act involves What this all means is not just that one of doubt that the Nation has seen significantly four basic things: (1) a set of rules that will these companies may make a little (or even improved long distance competition, accom- allow new entrants into local markets—the a lot) more than the other but that long- panied by the innovation and downward pres- so-called interconnection rules adopted by term competitive conditions can be seriously sure on prices that results from such com- the FCC last August and which have now affected by these pricing decisions. This par- petition. That is not to say that everything’s been stayed in significant part by the Eighth ticular concern has led to the Eighth Circuit perfect in long distance—even more competi- Circuit: (2) another set of provisions that es- litigation in which the incumbent LECs are tion would certainly be welcome—but it’s tablish the criteria necessary to facilitate challenging the FCC’s pricing methodology important to recognize how far we have local competition and with which the RBOCs (as well as the Commission’s authority to come when we have three well-established must comply before they are allowed to pro- impose a certain pricing methodology to competitors, hundreds of other resellers, and vide long distance and one-stop shopping begin with). Fortunately, at least from our four fiber-optic systems wiring the country, services: (3) access reform, designed to re- point of view, most of the States have fol- with a fifth in progress. I can tell you from duce the price paid to local carriers for origi- lowed the Commission’s pricing methodology my personal dealings with officials from nating and terminating long distance calls and so, while the litigation goes forward, the other countries that, as a result of the AT&T so that this price will reflect the actual cost actual prices for wholesale and unbundled case, the U.S. is positioned for global com- of providing the service: and (4) a universal elements may not be materially different re- petition in a way that is the envy of our cur- service plan that will eventually replace the gardless of who ultimately prevails in the rent trading partners—whose telephone com- implicit subsidies contained within the cur- Eighth Circuit. I say that’s fortunate from panies will be our future competitors, I rent regulated telephone service system with our point of view because we supported the might add. explicit and competitively neutral subsidies. FCC’s approach as a sound pricing methodol- But now we are charged with taking the As to this last point, I should quickly ex- ogy for stimulating efficient local entry. next steps—in particular, the Congress, to- plain that the current system requires some The second area where some difficult regu- gether with the leadership provided by the users to pay above-cost rates to subsidize latory decisions must be made in this de- Clinton Administration, established a statu- other users who are served at rates below regulatory process has to do with the issue of tory framework that is designed to open up cost: the 1996 Act calls for these implicit sub- when a particular RBOC is permitted to local telephone markets to competition and sidies to be made explicit and to be paid for enter the long distance market. Under the that would allow the local companies to through a competitively neutral universal statute, this is a state-by-state determina- move into in-region, long distance service service fund. Until we fully implement this tion, made by the FCC, with key inputs from for the first time. The goal of this process is mandate, some local exchange carriers (or the state regulatory agencies and the De- to have full-scale competition in telephony LECs, as they are called) may be required to partment of Justice. Here, too, you can read- throughout the nation. In a nutshell, con- bear the costs of serving these customers at ily see the significance of the trade-offs in sumers should have as many as possible, but uneconomic rates and/or we will continue to the regulatory decision. If you let the RBOC at least several local options, long distance see inefficient pricing and entry signals into long distance prematurely, two bad options, and, ultimately, combined local and which will tend to distort competitive oppor- things can happen. First, you may under- long distance options (one-stop shopping, if tunities and thereby hurt consumers. mine the chance to ensure a competitive you will). Once again, knowing where we Now, as I see it, the paradox of this kind of local market since once in long distance, the want to get is the easy part: it’s getting deregulatory effort is that it depends upon a RBOC’s incentive to cooperate with its com- there that’s hard. And to accomplish that series of regulatory steps—all taken, to be petitors will diminish—if not altogether, at goal, the statute puts in place a variety of sure, in the name of deregulation—and those least significantly. And second and deriva- interrelated steps and assigns responsibility regulatory steps, in turn, can significantly tively, a premature entry into in-region, to three separate agencies—the FCC, the var- affect the long-term prospects for full-scale long distance service gives the RBOC an un- ious state regulatory commissions, and the competition in telephony. There is no for- fair advantage in the offering of one-stop Department of Justice. This mix of players, mula or equation that one can look to in shopping since it can readily combine its I would suggest, sensibly reflects the fact order to get these things right. They involve local service with one of several long dis- that telephone regulation has historically the exercise of discretion by government tance services easily available to it in the been a shared function of the FCC and the agencies, which in turn requires careful, marketplace, while its potential competitors state agencies and, quite naturally, both of sound judgments. And, given that these pre- may not have nearly so easy a time combin- them are necessary to the deregulatory proc- dictive judgments are necessarily based on ing their long distance service with local ess as well. And we also belong there, essen- incomplete information, we should all be service that has heretofore been unavailable tially because the goal of the process is com- somewhat humble in second-guessing those to them. On the other hand, if you keep the petition and we have expertise in that area who have to make the calls. Interestingly, RBOC out of long distances for too long a pe- generally and with respect to telephony, in the Fifth Circuit, quoting Justice Cardozo, riod, you risk giving the long distance car- particular, because of our extensive involve- made just this point about a quarter of a riers an undue competitive benefit, since ment in the AT&T case. century ago in a case evaluating an FCC reg- only they are able to offer customers both The vision of the 1996 Act was premised on ulation prohibiting telephone companies local and long distance service for the period a simple formula: if the regulatory environ- from offering cable service in their regions, of time that the RBOC is denied entry, there- ment were different, the market for local explaining that: ‘‘[i]n a complex and dy- by giving them a first mover advantage. Not telephone service—previously thought to be namic industry such as the communications surprisingly in this environment both kinds a ‘‘natural monopoly’’—would be subject to field, it cannot be expected that the agency the discipline of competition, bringing down charged with its regulation will have perfect 1 General Telephone Co. of Southwest v. United prices and increasing quality and choices for clairvoyance. Indeed, Justice Cardozo once States, 449 F.2d 846, 863 (5th Cir. 1971) (quoting Ben- consumers. On this point, there was wide- said, ‘Hardship must at times result from jamin Cardozo. The Nature of the Judicial Process spread agreement, supported by the experi- postponement of the rule of action till a 145 (1921)). July 17, 1997 CONGRESSIONAL RECORD — SENATE S7677 of carriers—local and long distance—feel needs any services, such as repair of her priate action. We don’t have any dog in this very strongly about the timing of RBOC phone line, she gets it from the RBOC in a fight—just a desire to ensure full-scale com- entry into long distance, even to the point of timely and effective manner. The truth is petition in telephony in an enduring fashion. purchasing significant advertising to make that, no matter how effectively systems are Once that occurs, the market can pick the their respective cases. designed and even assuming complete good winners and losers. For our part at the Antirust Division the faith on the part of the RBOC, this kind of Let me now quickly turn to the last couple issue of RBOC entry into long distance has transition can have a lot of bugs in it. Once pieces of this deregulatory puzzle—access re- been a special focus. Under the statute, we we see successful full-scale entry, however, form and universal service. These areas, are expressly charged with evaluating each then we will have reason to believe that the which are related, also raise long-term com- of the fifty state applications and our com- local market is open to competition. This petitive concerns. Lowering access charges petitive assessment must be given ‘‘substan- approach doesn’t require the shift of any par- to cost is desirable in a competitive market tial weight’’ by the FCC. What is probably ticular amount of market share; nor should but, in the process, there are at least a cou- most notable about the process is that we it take very long once there is true broad- ple of things you need to be alert to—first, are authorized to make our assessment based entry into the RBOC’s market. Rather, you want to ensure that no one gets an ‘‘using any standard the Attorney General using a metaphor that I’ve become quite undue competitive advantage during the considers appropriate.’’ Now, given that fond of, we just want to make sure that gas transition process: and second, you need to broad swath the first thing we needed to do actually can flow through the pipeline; and make sure that the incumbent LEC is fairly is to establish a concrete standard so that the best way to do that is to see it happen. compensation for any implicit subsidies in applicants would know in advance how we’d This approach—i.e., looking for tangible the system that it has to bear and which be evaluating them. We also needed to relate entry—also has two additional virtues: first, have previously been supported by above- our standard to the other, specific provisions once there is such entry, the new entrant cost access charges. That is where the uni- of the statute—such as the 14-point checklist certainly should have an incentive to make versal service funding system kicks in. It is the Section 272 separate-subsidiary require- the process work, since any new customers designed to pick up these kinds of subsidies ments, and the Track A and Track B entry that are ill-served will blame the new en- so that, as I said earlier, competition can go provisions, as well as the public interest test trant. This will mean that the new entrant is forward without unfairly burdening those that the FCC is charged with applying. In not likely to be gaming the system and, if players that have to bear the costs of such order to meet this challenge, we engaged in there are problems, the reason will be that subsidies. an extensive inquiry, soliciting comments the local market, for some real-world rea- These kinds of issues can be enormously from all interested parties and meeting with son—malign or benign—just isn’t ready for complex—first, how do you sort out implicit virtually all the affected players. We re- competition yet. And second, if broad-based subsidies as well as any historic costs that a ceived almost seventy-five comments and competition appears to be working smooth- LEC is entitled to recover in a way that is have met with countless industry officials. ly, as we certainly hope it does, it will estab- fair and, second, how do you then collect the The upshot of this process has been to lish a benchmark against which future, post- money necessary to pay these costs through reach the following conclusion: Our basic RBOC entry into long distance, performance a competitively neutral system. If you’ve standard is that before an RBOC should be can be measured. In other words, if competi- seen the FCC’s Notice of Proposed Rule- allowed to enter long distance, it must be tors can obtain what they need, and what making on Access Charges—a rulemaking able to demonstrate that its market is truly they are legally entitled to get from the that is ongoing as we speak—you probably open (which, I should make clear, is different RBOC prior to its entry into long distance, have some idea of how complicated this from saying its market is fully competitive). but not after it then we will have reason to whole process is. The Commission has raised Before I put meat on the bones of that stand- suspect that something is wrong and we will important questions about rate structure, ard let me first say how we think it inte- be able to pursue appropriate remedial ac- about rate levels—including possible mar- grates with the remainder of Section 271. We tion. ket-based as well as prescriptive methods for believe that the other provisions—the check- Now, an even harder problem arises when dealing with these levels—and about rate de- list the facilities-based requirement the sep- the RBOC claims that it’s done everything it averaging, which means allowing different arate-subsidiary requirement and the option can to make entry opportunities fully avail- access charges for different customers. Any- of Track B—are all necessary, though not able but, for some reasons, no new entrant way, the trick is to do this in a way that sufficient, to support entry. These require- has decided to go forward in a significant hastens competitive opportunities but that ments, almost as their names imply, in- way. In these circumstances, we will attempt is fair to all parties. I am confident that the volves fixed points but, by themselves are to determine what the problem is. And, pure- Commission will do just that. not sufficiently dynamic to ensure that real ly at the level of speculation, one could One final point to remember as we move competition can take place. That’s where we imagine a variety of explanations. For exam- into a deregulated environment is that the think our approach comes into play; we view ple, the prices being charged by the RBOC Telecom Act explicitly keeps the antitrust it as the dynamic part of the equation look- could be too high to allow effective competi- laws in force. This serves not only to guard ing to ensure that the wholesale support sys- tion any time soon or its systems may be too against any anticompetitive consolidation, tems for opening up local markets are not uncertain for the new entrant to take the but also against any other practices that simply claimed to be in place, but that they risk of large-scale entry, or the RBOC may violate the antitrust laws. Once regulation will actually work in fact are scalable, and not be cooperating with its competitors by begins moving off center stage, we are pre- have been beachmarked, so that competition providing the necessary wholesale support pared for the possibility that antitrust en- will be real and not marely theortical. We systems. One the other hand, it may be that, forcement may be necessary to ensure full think this approach is the best way to ensure despite reasonable interconnection terms, and fair competition in these markets. Espe- competitive effectiveness which we take to fully available support systems, and so on, it cially in network industries, questions of ex- be our express charge under the statute and simply may not make economic sense for a clusive dealing, control over essential facili- we think it dovetails nicely with the ‘‘public new entrant to come into any given market ties and the use of market power can raise interest’’ standard that the FCC is charged on a large-scale basis. Or, a more elaborate significant antitrust concerns. As a result I with applying in making the ultimate deci- version of this problem may be that, if the intend to make sure that the Division keeps sion under 271 whether to approve a particu- long distance carriers think they are better fully abreast of the developments in the mar- lar application. More broadly, we believe off preventing the new competition by the ketplace and is ready to take any action nec- that our approach fits well within the over- RBOC in their market and also think that essary to prevent abuses of market power or all statutory scheme adopted by Congress, the best way to achieve this result is to stay other anticompetitive practices. nicely blending the fixed and dynamic re- out of the local markets, they may simply Let me close my emphasizing that while quirements to reach an effective result. choose not to enter. On the third hand, if you I’ve tried to accurately portray at least some Now, let me add a few words about how we will, it may be that some other factor—such of the difficulties set in motion by last will apply this standard to RBOC applica- as a state statute or local regulation—is year’s Telcom Act I’m very optimistic about tions under Section 271 of the Act Our pref- making large-scale entry infeasible or, at the endeavor we have embarked upon. I’ve erence, though we recognize that it may not least, very unattractive. These are some pos- seen some recent stories in the press com- always occur, is to see actual broad-based— sibilities, and I’m sure there are others as plaining that consumers haven’t yet received ie, business and residential—entry into a well. the benefits of the 1996 Act but frankly, I local market. This kind of entry requires not In any event, we will carefully examine the think such expectations are unrealistic. only appropriate agreements between the facts in any case where there isn’t full-scale We’ve had a regulated system of telephony in RBOCs and their potential competitors, but entry to determine what’s actually going on. this country for over a century; it won’t be also the wholesale support systems nec- In such circumstances, of course, we will ul- deregulated in a year and even after it is de- essary to ensure that when a current cus- timately have to make a fact-based deter- regulated, it’ll take time for competition to tomer is switched from the RBOC to the new mination on a case-by-case basis. But I want wring all the fat out of the system so that competitor, the switching process occurs to be very clear about one thing: we will pay consumers truly get the best service at the quickly and effectively, so that the customer careful attention to see whether any party is lowest prices. But, if we stay the course, I’m is satisfied and its new phone company is not trying to game the system for its own paro- confident that we will ultimately realize how blamed for messing up the transfer—or that, chial reasons. And, if we think that’s what’s wise this legislation was and how much it after a customer has been switched and she going on, be assured that we’ll take appro- will benefit our people. I say that because S7678 CONGRESSIONAL RECORD — SENATE July 17, 1997 history has taught us, time and time again, You have suggested that Section 271 gives FCC should reject that application? If so, that deregulation is difficult and transitions you ‘‘broad swath’’ to urge whatever position wouldn’t that give the Department’s rec- can be costly, but if our Nation’s economy is the Antitrust Division likes. Congress, how- ommendation ‘‘preclusive effect,’’ something to be as strong as it can be—indeed, as ever, gave the Attorney General a role in ad- that the Act specifically prohibited? strong as it must be in an increasingly vising the FCC with respect to public inter- 12. You have also stated that the checklist, globalized market—deregulation is not only est issues because of the Department’s anti- the facilities-based requirement, the sepa- desirable, it’s essential. In short, history is trust expertise. See, for example, Sen. Conf. rate subsidiary requirement and the option on our side. A little patience is all that’s Rep. 104–230 for a list of some antitrust of ‘‘Track B’’ (the statement of terms and needed. standards that might be used. A ‘‘gas in the conditions) are all ‘‘necessary, though not Mr. HOLLINGS. I thank the distin- pipeline’’ standard is plainly unrelated to sufficient, to support entry. What more must guished Chair. the antitrust laws and, even worse, violates a BOC demonstrate to obtain the Depart- Madam President, it is very interest- congressional intent that the checklist ment’s support? should be the only measure of when local ing. I want to refer back to this be- 13. Do you believe that Track B can be used markets are open. Simply stated, the Attor- only if no one has requested interconnection cause that is in regular type. ‘‘Though ney General’s consultation on antitrust is- under Track A? we may recognize that it may not al- sues must be framed by the specific statu- 14. Can a BOC rely on Track B if it has re- ways occur’’—‘‘though we recognize tory standards for BOC entry, which pre- ceived interconnection requests from poten- that it may not always occur.’’ We are clude anything approaching a ‘‘metric test’’ tial competitors but faces no ‘‘competing going to refer back to that in just a few like the one Congress rejected. provider’’ which is actually providing tele- More fundamentally, the basic point of the phone exchange service to residential and minutes because our distinguished Telecommunications Act is that regulators chairman of the Communications Sub- business customers predominantly over its should stand aside and let market forces own facilities? committee, Senator CONRAD BURNS, of work once fair competition is possible. Hold- 15. What if requesting interconnectors Montana, wrote Mr. Joel Klein on May ing up competition in one market because under Track A do not ask for, or wish to pay 15, 1997. there is not enough competition in another for, all of the items in the checklist? Can the I ask unanimous consent that a copy market makes no sense. It is particularly BOC satisfy the entry test by supplementing of this letter be printed in the RECORD harmful in this context, for local telephone their interconnection agreements with a fil- in its entirety. competition may be slow in coming to rural ing under Track B to cover at least all re- states for reasons that have nothing to do There being no objection, the mate- maining items in the checklist? with BOCs’ steps to satisfy the checklist. If Your prompt attention to these questions rial was ordered to be printed in the so, your approach would prevent rural con- would be helpful to the Subcommittee. RECORD, as follows: sumers from realizing the benefits of long Sincerely, U.S. SENATE, distance competition that will be available CONRAD BURNS, Washington, DC, May 15, 1997. to residents of urban states, just because po- Chairman, Mr. JOEL I. KLEIN, tential local competitors want to enter prof- Senate Subcommittee on Communications. Acting Assistant Attorney General, itable urban markets first. Antitrust Division, As you prepare to discharge your respon- Mr. HOLLINGS. Madam President, Department of Justice, sibilities under the Act, I would appreciate you can read the entire letter. But I Washington, DC. your answers to the following questions. can see the thrust of the letter by this DEAR MR. KLEIN: I have written to the Sen- This will enable the Subcommittee on Com- language here, and I quote on page 2. ate Majority Leader requesting that a hold munications to carefully monitor implemen- Congress, however, gave the Attorney Gen- be placed on your nomination to be Assist- tation of this portion of the Telecommuni- eral a role in advising the FCC with respect ant Attorney General of the Justice Depart- cations Act. to public interest issues because of the De- ment’s Antitrust Division. I have concerns 1. In your speech you used the following partment’s antitrust expertise. See, for ex- as to whether your views of the implementa- terms—‘‘real’’ and ‘‘broad-based competi- ample, House conference report 104–458 for a tion of the Telecommunications Act of 1996 tions’’, ‘‘actual, broad-based entry’’, ‘‘true list of some antitrust standards that might are in accordance with Congressional intent. broad-based-entry’’, ‘‘tangible entry’’, Section 271(d)(2)(A) of the Telecommuni- ‘‘large-scale entry’’, and entry on a ‘‘large- be used. A gas-in-the-pipeline standard is cations Act of 1996 gives the Department of scale basis’’. What do these terms mean to plainly unrelated to antitrust laws, and, Justice a consultative role when the Federal the Department? even worse, violates Congressional intent Communications Commission considers peti- 2. How many residential customers have to that the checklist should be the only meas- tions filed by the Bell Operating Companies be served by a competitor to meet the De- ure of when local markets are open. (BOCs) for authorization to provide in-region partment’s entry test? We in the majority who wrote this interLATA service. This summer the FCC 3. How many business customers have to be particular bill would demur very, very served by a competitor to meet the Depart- will begin ruling on these applications and I strongly from that wording by our dis- have several concerns about how both the ment’s entry test? 4. Does there have to be more than one tinguished friend, the Senator from Department and the FCC will implement Montana, in this particular letter. Section 271 of the Act. As you know, both competitor in the local exchange market to the House and the Senate, in establishing a meet the Department’s entry test? What occurred is that the nominee, 5. Does a BOC have to face competition test for BOC entry into the interLATA busi- Joel Klein, in the talk, he talked about from AT&T, MCI or, Sprint to meet the De- ness, rejected the imposition of any require- you can see when competition is partment’s entry test? ment that a BOC must face ‘‘actual and de- 6. How do you reconcile Congress’ rejection present, when you get to see the gas monstrable competition’’ in the local ex- of a metric test for BOC entry into the long coming through the pipeline. He al- change market before obtaining relief. While distance market with our statement that ludes to the anecdotal situation of gas the statute allows the Department to apply ‘‘successful full-scale entry’’ is necessary in pipeline cases. ‘‘any standard the Attorney General consid- order for the Department to ‘‘believe the But Senator BURNS differs with that. ers appropriate’’, a speech you gave in March local market is open to competition?’’ raises fears the Department and the FCC He says you are supposed to handle this 7. You have used the metaphor that the De- antitrust, and don’t give us anything may attempt to resurrect this test that was partment ‘‘want(s) to make sure that gas ac- rejected in Congress. tually can flow through the pipeline’’ before about when competition starts. You My concern arises particularly from your allowing interLATA entry. How many orders can tell his displeasure because, along March 11 speech announcing the Antitrust for resold services must be processed by a with the letter, he put a hold on the Division’s position regarding implementa- BOC in order to satisfy this standard? Joel Klein nomination. You have a tion of Section 271 of the Telecommuni- 8. How many orders for unbundled network hold on the nomination by the chair- cations Act of 1996 (47 U.S.C. Section 271). elements must be processed by a BOC to sat- man of the Communications Sub- You stated that the Division would take the isfy this standard? position that the BOCs should be forbidden 9. How much market share must a BOC committee, and you got a strong letter to enter long distance under Section 271 lose to its competitors to demonstrate that with a questionnaire that is included, until there is ‘‘successful full-scale entry’’ ‘‘gas can flow through the pipeline?’’ because I have included it in its en- into the local market. As you put it, the 10. FCC Chairman Reed Hundt testified on tirety in the RECORD. point of this requirement is to be sure that March 12, 1997, before the Senate Commerce So 5 days later, on May 20, the De- with respect to local telephone services, ‘‘gas Committee that a BOC that satisfied the partment of Justice, Acting Assistant naturally can flow through the pipeline.’’ I checklist but did not have an actual com- Attorney General Joel Klein sends a also read your speech as suggesting that petitor in its market would meet the entry letter to Senator BURNS. where there has not been full-scale entry, standard. Do you agree with Chairman you would oppose BOC entry unless the BOC Hundt? Madam President, I quote: could show that its competitors are ‘‘gaming 11. If the Department opposes a BOC To begin with, I wholeheartedly agree with the system.’’ interLATA application, do you believe the your statement that the basic point of the July 17, 1997 CONGRESSIONAL RECORD — SENATE S7679 Telecommunications Act is that regulators Judge Greene had what we call in the Senator from Nebraska. And they have should stand aside and let market forces trade ‘‘the VIII(c) test’’—that they talked with the gentleman, Mr. Klein, work once fair competition is possible. I couldn’t enter these markets until— and have asked him. And he has yet to want to assure you that the Department of Justice shares that view. this is the one rejected by Joel Klein— come and elaborate about what is more ‘‘there is no substantial possibility ‘‘sensitive.’’ He says this is ‘‘insuffi- Well, both distinguished gentlemen that the Bell Operating Company or its ciently sensitive.’’ We have yet to find are writing and speaking colloquially. another. One wants to tell you that competition affiliates could use its monopoly power to impede competition in the market I have met twice with Joel Klein. is present when you can see the gas And he said I was right. He was there coming through the pipeline, or smell such company seeks to do enter.’’ Madam President, with that particu- with the Attorney General. He under- the gas if you can’t see it. Otherwise, stood, and he would get some ensuing the Acting Assistant Attorney General lar VIII(c) test, that is how competi- opinion, or letter, or some note that he said, ‘‘Oh, yes, I want to let’’ —in the tion starts in long distance that we understood, and he could read the lan- Conrad letter, all these expressions have today. We don’t have any in the local. Ninety-eight percent of the local guage, and it was going to be corrected. about ‘‘let market forces.’’ What we Madam President, let’s turn the page are trying to do is ‘‘let market forces.’’ calls are still controlled by the local Bell Operating Company. They have and go to Senator CONRAD BURNS’ ques- He said, ‘‘I agree with you. We have to tions and answers, and go to that ques- stand aside and let market forces the monopoly. But this really genius test, the VIII(c) test, became the stand- tion. Here is what Senator BURNS ques- work.’’ tioned, and I quote. That, Madam President, is not the ard of the discipline, the standard of duty of the Acting Attorney General of the industry. In your speech, you use the following terms: ‘‘Real and broad-based competition,’’ the United States. He is supposed to In one hearing, as chairman of the Communications Subcommittee—the ‘‘actual broad-based entry,’’ ‘‘true broad- stand there by that market and watch based entry,’’ ‘‘tangible entry,’’ ‘‘large-scale it day in and day out. Because there is Commerce, Science, and Transpor- entry,’’ and ‘‘entry on a large-scale basis.’’ one thing that will occur if you let tation hearing—I had the seven Bells What do those terms mean to the depart- market forces work freely, and that is, attest. And we will put that in the ment? monopolies will develop. Consolida- RECORD, if necessary. They agreed with And I could read it all. The entire tions and mergers you see afoot right this particular test. You have the Bell letter has been included. But let me now are occurring every day, and Operating Companies agreeing to that read this last sentence. money is talking. People are not suf- particular test, and that is why we Thus, in my March 11th speech— fering yet, but when they get into that kept it in there. We didn’t write it into The Acting Attorney General, he monopolistic position, they will, be- the formal statute because one former knows what we are talking about. He cause there won’t be any of the rules colleague on the House side had held refers to that speech. and regulations, and they will be in up. He had tremendous influence, Jack In my March 11th speech to which you re- their own private businesses. Fields of Texas. So we put it in the lan- ferred, I stated that ‘‘our preference, though This group up here that continues to guage. But you follow the course or we recognize that it may not always occur, talk about ‘‘let market forces’’ oper- talk to any of the conferees, you talk is to see actual broad based, that is, business ate, this tells me, one, I have a ques- to any of the House and Senate Mem- and residential, entry into a local market.’’ tionable candidate for the Antitrust bers, they will tell you the VIII(c) test Now, Madam President, for all of Department of the Office of the Attor- was the test, and we couldn’t think of those unstudied in trying cases with ney General of the United States when a better one. lawyers, watch this particular lan- he starts chanting about monopolies. Here comes nominee Joel Klein, stat- guage because it has the regular lan- Reading on page 2, again, from the ing categorically here in May, ‘‘In for- guage and regular print but he high- Joel Klein letter, I read on page 2, one mulating this standard, I specifically lights with italic the phrase: ‘‘Our pref- sentence: rejected using the suggestion in the erence, though we recognize that it In order to accomplish these goals, almost conference report that the Department may not always occur.’’ immediately after I became Acting Assistant analyze BOC applications employing Now, that is in italic, not the rest of Attorney last October, I asked all of the the standard used’’—the VIII(c) stand- it. So the distinguished chairman of BOCs [the Bell Operating Companies] as well as any other interested party, to give me ard. the communications subcommittee is their views of the appropriate competition Madam President, when you work given a signal. Watch the play. And standards under section 271. this long and you know the industry, then comes the play. We set it out. We set out our report. you know the monopolies, you know Madam President, on May 21, the We didn’t need an Assistant Attorney how Judge Greene held control and op- next day, he doesn’t delay. Oh, that General running around rewriting the erated as well as he did, and commu- Acting Attorney General for antitrust law. He is talking about, ‘‘Oh, I got nications prospered, expanded, and that held up for weeks the answer to them all in. I am going to start devel- competition burst out all over in the the Dorgan letter and the Kerrey let- oping policy.’’ The Congress developed long distance field with this particular ter, he was prompt; he answered that the policy. It took us 4 years to do it. standard, and then have a gentleman letter of Senator BURNS in 5 days, gave Here, he says gratuitously in the come in totally green and just write the signal with the italics. next sentence on the bottom of page back, just as he got a letter from the (Mr. BENNETT assumed the Chair.) 2—this is Joel Klein, the nominee: chairman who put a hold on his nomi- Mr. HOLLINGS. Mr. President, I ask In formulating this standard, I specifically nation, and said ‘‘I threw that out.’’ unanimous consent that this docket rejected using the suggestion in the con- The Bell Operating Companies tried to No. 97–121, in the matter of the applica- ference report that the Department analyze throw it out, and they couldn’t. They tion of SBC Communications, be print- Bell Operating Company applications em- know it because they had already testi- ed in the RECORD. ploying the standard used in the AT&T con- fied in behalf of it. There being no objection, the mate- sent decree objecting to the Bell Operating He goes on to say that ‘‘the VIII(c) rial was ordered to be printed in the Company in regional long distance entry RECORD, as follows: ‘‘unless there is no substantial possibility standard which has barred Bell Operat- [Before the Federal Communications Com- that the Bell Operating Company or its af- ing Company entry into long distance mission, Washington, DC, CC Docket No. filiates could use its monopoly power to im- since their divestiture from AT&T, 97–121] pede competition in the market such com- struck me as insufficiently sensitive to pany seeks to enter.’’ the market conditions, and I was con- In the Matter of Application of SBC Com- munications Inc. et al. Pursuant to Section Bear with me a minute. I know this cerned that it would bar Bell Operating 271 of the Telecommunications Act of 1996 to thing sounds complicated. And those Company entry even where it would be Provide In-Region, InterLATA Services in who want to watch a good, loud show competitively warranted.’’ the State of Oklahoma. they put on around the world, or what- I want him to describe that. My un- ADDENDUM TO THE EVALUATION OF THE UNITED ever the dickens they put on in the derstanding is that another Senator, STATES DEPARTMENT OF JUSTICE afternoon, go ahead and turn to it. But my distinguished colleague from North Several parties have informally asked the this is very, very important. Dakota—and also I was talking to the Department to clarify its views concerning S7680 CONGRESSIONAL RECORD — SENATE July 17, 1997 two issues that have arisen in connection that the BOCs truly opened up their local to ensure that the BOC continues to meet its with this proceeding: (1) whether we agree networks to competitors, Congress required established performance benchmarks. Fi- with the argument made by some that any BOC qualifying for Track A consid- nally, we acknowledge that there may be commentors that under Section 271(c)(1)(A) eration wait until a facilities-based competi- areas in which the present industry stand- (‘‘Track A’’), each separate class of subscrib- tor became operational—provided that there ards will be updated, requiring new levels of ers that must be served to satisfy that entry is at least one potential competitor proceed- performance. Accordingly, the Department track, i.e., residential and business, must be ing toward that goal in a timely fashion—be- will also focus on the importance of commit- served ‘‘exclusively . . . or predominantly’’ fore that BOC could satisfy the statute’s in- ments by BOCs to adhere to ‘‘performance over the telephone exchange facilities of an region interLATA entry requirements. In standards,’’ even when they will be imposed unaffiliated provider; 1 and (2) the impor- mandating that such a facilities-based com- upon it post-entry. tance (and meaning) of ‘‘performance bench- petitor offer both residential and business FOOTNOTES marks’’ in assessing whether BOC in-region service, Congress ensured both that (1) facili- 1 interLATA entry would be in the public in- ties-based entry path is being used wherever See, e.g., Opposition of Brooks Fiber Properties, Inc. to Application of SBC Communications, Inc., CC terest. To address any confusion on these requested; and (2) at least one facilities- Docket No. 97–121, at 8–9 (May 1, 1997). points, the Department now files this adden- based competitor is offering service to resi- 2 To reflect this typology, our evaluation should be dum. dential, as well as business, subscribers. See modified as follows: I. Section 271(c)(1)(A) does not require that both SBC Evaluation at 14–17. Once those two Page 45 line 2 of heading ‘‘b.’’ (and Table of Con- residential and business customers be served basic conditions have been satisfied, how- tents), ‘‘standards’’ to ‘‘benchmarks’’; over the facilities-based competitors’ own fa- ever, there is no reason to delay BOC entry Page 47 line 3, ‘‘measures’’ to ‘‘benchmarks’’; into interLATA markets simply because Page 47 line 5, ‘‘measures’’ to ‘‘benchmarks’’; cilities Page 48 line 9, ‘‘measures’’ to ‘‘benchmarks’’ and Section 271(c)(1) requires that a BOC’s ap- competitors that have a demonstrated abil- add ‘‘as well as its commitment to adhere to certain plication to provide in-region interLATA ity to operate as facilities-based competi- performance standards’’ to the end of the sentence; services proceed under one of two distinct tors, and that are in fact providing service Page 60 line 9, ‘‘measures’’ to ‘‘benchmarks’’; and tracks. As our evaluation explained, SBC’s predominantly over their own facilities, find Page 60 line 11, 15, 18 ‘‘measures’’ to ‘‘bench- application is governed by the standards of it most advantageous to serve one class of marks’’ Track A. 47 U.S.C. § 271(c)(1)(A). See SBC customers on a resale basis. Imposing this Respectfully submitted, Evaluation at 9–20. Under Track A, a BOC requirement would tip unnecessarily the Donald Russell, Chief; Joel I. Klein, Act- must be providing ‘‘access and interconnec- statute’s balance between facilitating local ing Assistant Attorney General, Anti- tion to its network facilities for the network entry and providing for additional competi- trust Division; Andrew S. Joskow, Dep- facilities of one or more unaffiliated compet- tion in interLATA services by adding an un- uty Assistant Attorney General, Anti- ing providers of telephone exchange service necessary prerequisite to Track A that trust Division; Lawrence J. Fullerton, .. . to residential and business subscribers.’’ might foreclose entry in certain cases for no Deputy Assistant Attorney General, The statute further specifies that ‘‘such tele- beneficial competitive purpose. Cf. id. at 22. Antitrust Division; Philip J. Weiser, phone exchange service may be offered by II. The Importance of performance benchmarks Senior Counsel, Antitrust Division; such competing providers either exclusively In articulating the Department’s approach Carl Willner, Jonathan D. Lee, Stuart over their own telephone exchange service to assessing BOC applications for in-region, H. Kupinsky: Attorneys, Telecommuni- facilities or predominantly over their own interLATA authority, we stated that the ex- cations Task Force; Gerald B. Lumer, telephone exchange service facilities in com- istence of ‘‘performance benchmarks’’ serves Economist, Competition Policy Sec- bination with the resale of the telecommuni- an important purpose in demonstrating that tion; Antitrust Division, U.S. Depart- cations services of another carrier.’’ 47 the market has been ‘‘irreversibly opened to ment of Justice, 555 4th Street, N.W., U.S.C. § 271(c)(1)(A). As we explained in our competition.’’ To better explain the role of Room 8104, Washington, D.C. 20001. evaluation, SBC does not meet the standards ‘‘performance benchmarks,’’ ‘‘performance Certificate of Service of Track A because there is no facilities- standards,’’ and ‘‘performance measures’’ in I hereby certify that I am an Attorney for based competitor offering service to residen- our analysis, we have outlined further the the United States in this proceeding, and tial subscribers. See SBC Evaluation at 20– definition and importance of these concepts have caused a true and accurate copy of the 21. Brooks Fiber, to which SBC points as a below.2 foregoing Addendum to the Evaluation of the residential service provider, is merely test- At bottom, a ‘‘performance benchmark’’ is United States Department of Justice to be ing its ability to offer residential service by a level of performance to which regulators served on all petitioners in this proceeding providing uncompensated service to four em- and competitors will be able to hold a BOC and other interested parties as indicated on ployees; thus, it does not compete with SBC after it receives in-region interLATA author- the attached service list, by first class mail, to serve any residential ‘‘subscribers.’’ See ity. The most effective benchmarks are those on May 21, 1997. id. based on a ‘‘track record’’ of reliable service JONATHAN D. LEE, Some parties have pressed for rejection of established by the BOC. Such benchmarks Attorney, Telecommunications Task Force, SBC’s application on the additional ground may reflect either the BOC’s performance of Antitrust Division, U.S. Department of that Brooks does not provide residential a wholesale support function for a competi- Justice. service to anyone, including its four employ- tor, or, in areas where the BOC performs the Service List ees, over its own facilities. In their view, same function for its competitors as it does Track A requires, among other things, that for its own retail operations, a benchmark Richard Metzger, General Counsel, Asso- residential service is being provided com- may also be established by the BOC’s service ciation for Local Telecommunications Serv- pletely or predominantly over a competitor’s to its own retail operations. In instances ices, 1200 19th Street, NW., Washington, DC own facilities. We disagree. where neither type of benchmark is avail- 20036. The statute requires that both business able, the Department will consider other al- John Lenahan, Ameritech Corporation, 30 and residential subscribers be served by a ternatives that would ensure a consistent South Wacker Drive, Chicago, IL 60606. competing provider, and that such provider level of performance, such as, for example, a Mark Rosenblum, AT&T Corporation, 295 must be exclusively or predominantly facili- commitment to adhere to certain industry North Maple Ave., Basking Ridge, NJ 07920. ties-based. It does not, however, require that performance standards and/or an audit of the Susan Miller, Esq., ATIS, 1200 G Street, each class of customers (i.e., business and BOC’s systems by a neutral third party. Such NW., Suite 500, Washington, DC 20005. residential) must be served over a facilities- benchmarks are significant because they James R. Young, Bell Atlantic, 1320 N. based competitor’s own facilities. To the demonstrate the ability of the BOC to per- Courthouse Road, 8th Floor, Arlington, VA contrary, Congress expressly provided that form a critical function—for example, the 22201. the competitor may be providing services provisioning of an unbundled loop within a Walter Alford, BellSouth, 1155 Peachtree ‘‘predominantly’’ over its own facilities ‘‘in measurable period of time. Thus, bench- Street, NE., Atlanta, GA 30367. combination with the resale of’’ BOC serv- marks serve, as explained in our evaluation, Edward J. Cadieux, Director, Regulatory ices. 47 U.S.C. § 271(c)(1)(A). Thus, it does not the important purpose of foreclosing post- Affairs—Central Region, Brooks Fiber Prop- matter whether the competitor reaches one entry BOC claims that the delay or with- erties, Inc., 425 Woods Mill Road South, class of customers—e.g., residential—only holding of services needed by its competitors Town and Country, MO 63017. through resale, provided that the competi- should be excused on the ground that the John Windhausen, Jr., General Counsel, tor’s local exchange services as a whole are services or performance levels demanded by Competition Policy Institute, 1156 15th provided ‘‘predominantly’’over its own facili- competitors are technically infeasible. See Street, NW., Suite 310, Washington, DC 20005. ties. SBC Evaluation at 45–48. Genevieve Morelli, Executive Vice Presi- This reading is not only consistent with To make ‘‘performance benchmarks’’ a dent and General Counsel, The Competitive the language of the statute, but also serves useful tool for post-entry oversight, we also Telecommunications Association, 1900 M Congress’ twin purposes of maximizing com- expect the BOC to adopt the specific means Street, NW., Suite 800, Washington, DC 20036. petition in local exchange and interexchange and mechanisms necessary to measure its Laura Phillips, Dow, Lohnes, and Albert- telecommunications markets. To ensure performance—i.e., ‘‘performance measures.’’ son, PLLC, 1200 New Hampshire Ave., NW., That is, if there are no such systems in Suite 800, Washington, DC 20036, Counsel for Footnotes at end of article. place, it will be considerably more difficult Cox Communications. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7681 Russell M. Blau, Swidler & Berlin, char- distinguished Senator from Montana pertise, which explains why Congress gave tered, 3000 K Street, NW., Suite 300, Washing- got what they wanted in black and you and your colleagues—and no one else— ton, DC 20007–5116, Counsel for Dobson Wire- white. They just totally refuted 4 years the ultimate authority to make important decisions, such as the decision to interpret less. of work, the most important part of Gregory M. Casey, LCI International section 271. I remind you that the Depart- Telecom Corp., 8180 Greensboro Drive, Suite the checklist, the most important part ment’s role in this matter is a consultative 800, McLean, VA 22102. that provided for competition in the one, and should be treated as such. Rocky Unruh, Morgenstein & Jubelirer, long distance market, the most impor- Let me conclude by noting that, while this One Market, Spear Street Tower, 32d Floor, tant part that we included. We talked letter focuses exclusively on Department’s San Francisco, CA 94105, Counsel for LCI about it. We discussed it. We debated interpretation of section 271(c)(1)(A), it Telecom Group. should not be construed to mean that the it. I was in these conferences. They balance of the Department’s comments were Anthony Epstein, Jenner & Block, 601 13th were in the conferences, like I tried to Street, NW., Washington, DC 20005, Counsel either consistent or inconsistent with Con- for MCI. emphasize. The Bell Companies met all gressional intent. Susan Jin Davis, MCI Telecommunications one day with our staffs on both sides Sincerely, Corporation, 1801 Pennsylvania Ave., NW., and the long distance companies met TOM BLILEY, Washington, DC 20006. all one day, and it was worked out. But Chairman. Daniel Brenner, National Cable Television do not take the word of the Senator Mr. HOLLINGS. This is dated June Association, 1724 Massachusetts Ave., NW., from South Carolina. 20, 1997. Washington, DC 20036. Mr. President, I ask unanimous con- Dear Chairman Hunt: NYNEX Telephone Companies, Saul Fish- sent that a letter to the Honorable I recently read with interest and dismay er, 1095 Ave. of the Americas, New York, NY the Department of Justice’s additional com- 10036. Reed Hunt, Chairman of the Federal Communications Commission, from ments regarding SBC Communications’ ap- Cody L. Graves, Chairman, Oklahoma Cor- plication to provide in-region interLATA poration Commission, Jim Thorpe Building, Chairman TOM BLILEY, Congressman services in the State of Oklahoma. The de- Post Office Box 52000–2000, Oklahoma City, from Virginia, and chairman of the partment therein clarified its views on sec- OK 73152–2000. Commerce Committee over on the tion 271(c)(1)(A) of the Communications Act, Mickey S. Moon, Assistant Attorney Gen- House side, be printed in the RECORD. as amended. As a primary author— eral, Oklahoma Attorney General’s Office, There being no objection, the letter Let me emphasize that. This is Chair- 2300 North Lincoln Boulevard, Room 112, was ordered to be printed in the State Capitol, Oklahoma City, OK 73105–4894. man BLILEY— Robert Hoggarth, Senior Vice President, RECORD, as follows: As a primary author of this provision, I Paging and Narrowband PCS Alliance, 500 U.S. HOUSE OF REPRESENTATIVES, feel compelled to inform you that the de- Montgomery Street, Suite 700, Alexandria, COMMITTEE ON COMMERCE, partment misread the statute’s plain lan- VA 22314–1561. Washington, DC, June 20, 1997. guage. As you rule on SBC’s application and James D. Ellis, Paul K. Mancini, SBC Com- Hon. REED HUNDT, future Bell Operating Company applications, munications, Inc., 175 E. Houston, Room 1260, Chairman, Federal Communications Commis- you should not overlook the clear meaning San Antonio, TX 78205. sion, Washington, DC. of section 271 or its legislative history. The Philip L. Verveer, Wilkie, Farr & Galla- DEAR CHAIRMAN HUNDT: I recently read Department argued that a Bell Operating gher, 1155 21st Street, NW., Washington, DC with interest and dismay the Department of Company should be allowed to enter the in- 20036, Counsel for Sprint. Justice’s additional comments regarding region interLATA market under track A, Richard Karre, U S West, 1020 19th Street, SBC Communications Inc.’s (SBC’s) applica- that is, section 271(c)(1)(A) if a competing NW., Suite 700, Washington, DC 20036. tion to provide in-region, interLATA serv- service provides office facilities based serv- Charles D. Land, P.E., Executive Director, ices in the State of Oklahoma. The Depart- ices to business customers and resale serv- Texas Association of Long Distance Tele- ment therein clarified its views on section ices to residential customers, so long as the phone Companies, 503 W. 17th Street, Suite 271(c)(1)(A) of the Communications Act, as combined provision of both services is pre- 200, Austin, TX 78701–1236. amended. As the primary author of this pro- dominantly over the competing service pro- David Poe, LeBoeuf, Lamb, Greene & vision. I feel compelled to inform you that vider’s facilities. In other words, the Department wrongly MacRae, LLP, 1875 Connecticut Ave., NW., the Department misread the statute’s plain takes the view that section 271(c)(1)(A) is Suite 1200, Washington, DC 20009, Counsel for language. As you rule on SBC’s application satisfied if a competitor is serving either res- Time Warner. and future BOC applications, you should not idential or business customers over its own Janis Stahlhut, Time Warner Communica- overlook the clear meaning of section 271 or facilities. Section 271(c)(1)(a), however, tions Holdings, Inc., 300 First Stamford its legislative history. clearly requires a different interpretation. Place, Stamford, CT 06902–6732. The Department argued that a BOC should To quote the statute, ‘‘A competing service Danny Adams, Kelley, Drye & Warren LLP, be allowed to enter the in-region, interLATA provider must offer telephone exchange serv- 1200 19th Street, NW., Suite 500, Washington, market under ‘‘Track A’’ (i.e., section ice to residential and business subscribers ei- DC 20036, Counsel for USLD. 271(1)(A)) if a competing service provider of- ther exclusively over their own telephone ex- Catherine Sloan, WorldCom, Inc., 1120 Con- fers facilities-based services to business cus- change service facilities or predominantly necticut Ave., NW., Washington, DC 20036– tomers and resale services to residential cus- over their own telephone exchange service 3902. tomers, so long as the combined provision of both services is predominantly over the com- facilities. Track A is thus satisfied if and Charles Hunter, Hunter Communications only if a Bell Operating Company faces fa- Law Group, 1620 I Street, NW., Suite 701, peting service provider’s facilities. In other words, the Department wrongly takes the cilities based competition in both residential Washington, DC 20006, Counsel for Tele- and business markets. Neither the statute communications Resellers Association. view that section 271(c)(1)(A) is satisfied if a competitor is serving either residential or nor its legislative history permits any other Mr. HOLLINGS. I thank the distin- business customers over its own facilities. interpretation. I know this because I drafted guished Chair. And again now on page Section 271(c)(1)(A), however, clearly re- both texts. 3 here the fellow has gotten the signal, quires a different interpretation. To quote Mr. President, that is Chairman BLI- and I read on page 3—the entire matter the statute, a competing service provider LEY. I do not know how you can make is in the RECORD. must offer telephone exchange service to it more clear. He talks of the history. It does not, however, require that each ‘‘residential and business subscribers . . . ei- He talks of the conference report. He class of customers, business and residential, ther exclusively over their own telephone ex- talks of the actual language. And any- must be served over a facilities based com- change service facilities or predominantly over their own telephone exchange service body reading it can see exactly that. In petitor’s own facilities. To the contrary, essence, Mr. Klein sort of quietly ac- Congress expressly provided that the com- facilities.’’ Track A is thus satisfied if—and only if—a BOC faces facilities-based competi- knowledged it. I was waiting because I petitor may be providing services predomi- met with him individually and then I nantly over its own facilities in combination tion in both residential and business mar- with the resale of Bell Operating Company kets. Neither the statute nor its legislative met with him with the Attorney Gen- services (47 USC 271 (c)(1)(A)). Thus, it does history permits any other interpretation; I eral, I can tell you here and now for not matter whether the competitor reaches know this because I drafted both texts. those who watch this and follow it. And In the end, the Department’s recent mis- one class of customers, namely residential, I ask unanimous consent the recent interpretation of section 271 reinforces a only through resale provided that the com- editorial in the New York Times enti- point I frequently made during Congres- petitor’s local exchange services as a whole sional debate over the Telecommunications tled ‘‘A Weak Antitrust Nominee’’ be are provided predominantly over its own fa- Act of 1996: the Department of Justice does printed in the RECORD. cilities. not have the expertise to make important There being no objection, the article Well, Mr. President, there it was. telecommunications policy decisions. The was ordered to be printed in the Bell Operating Companies through the FCC, by contrast, does have the necessary ex- RECORD, as follows: S7682 CONGRESSIONAL RECORD — SENATE July 17, 1997 [From the New York Times, July 11, 1997] Acting Assistant Attorney General for would want to learn and they would A WEAK ANTITRUST NOMINEE Antitrust Joel Klein bears significant re- want to understand. But evidently the The next head of the Justice Department’s sponsibility for these unintended, monopolis- jury has been fixed. antitrust division will have a lot to say tic results. Unless you demand that the Jus- Mr. President, I ask unanimous con- about whether the 1996 Telecommunications tice Department’s Antitrust Division reverse sent that two letters, one by Senator course and engage in strict antitrust en- Act breaks the monopoly chokehold that KERREY to the Attorney General dated Bell companies exert over local phone cus- forcement (see attached New York Times editorial: ‘‘A Weak Antitrust Nominee’’), June 23, and the letter back from the tomers. He will rule on mergers among tele- Office of the Attorney General dated communications companies and advise the consumers will face vastly inflated telephone Federal Communications Commission on ap- and cable rates from increasingly entrenched July 14 to Senator DORGAN be printed plications by Bell companies to enter long- monopolies. in the RECORD. distance markets. Thus it is disheartening After antitrust officials allowed the seven There being no objection, the letters and disqualifying that President Clinton’s local Bell telephone monopolies to consoli- were ordered to be printed in the date into four bigger monopolies; permitted nominee, Joel Klein, is scheduled to come up RECORD, as follows: for confirmation today in the Senate with a Time Warner and TeleCommunications Inc. (TCI) to unite companies service almost one- U.S. SENATE, record that suggests he might knuckle under Washington, DC, June 23, 1997. to the powerful Bell companies and the poli- half of all cable customers through a com- bination with Turner Broadcasting; and ap- Hon. JANET RENO, ticians who do their bidding. U.S. Department of Justice, Senators Bob Kerrey, Ernest Hollings and proved hundreds of radio mergers, consumers are seeing no appreciable increase in either Washington, DC. Byron Dorgan have threatened to block the DEAR MADAM ATTORNEY GENERAL: Not too vote today and put off until next week a competition or pocketbook savings from the Telecommunications Act. long ago, I met Joel Klein and found him to final determination of Mr. Klein’s fate. But be an intelligent, talented attorney and a the Administration would do its own tele- While Acting Assistant Attorney General Joel Klein described some of this activity as dedicated public servant. I would like very communications policy a favor by withdraw- much to support his nomination for Assist- ing the nomination and finding a stronger, ‘‘the concentration envisioned by Congress’’ (remarks to Glasser Legalworks Seminar, ant Attorney General for Antitrust but have more aggressive successor. some very serious concerns about the Ad- Mr. Klein, who has been serving as the March 11, 1997), we believe you were hoping antitrust enforcement would foster increased ministration’s telecommunications policies Government’s acting Assistant Attorney and Mr. Klein’s interpretation of the Tele- General for Antitrust, demonstrated his in- competition rather than concentration. Contrary to promises they made to Con- communications Act of 1996. I am hopeful clinations when he overrode objections of you can clarify the Department’s official some of his staff and approved uncondition- gress in return for more market freedom, large cable, telephone and other tele- views for me. ally the merger of Bell Atlantic and Nynex. I am particularly concerned about recent communications companies are not vigor- That merger will remove Bell Atlantic as a comments made by Acting Assistant Attor- ously entering each other’s markets: potential competitor for Nynex’s many dis- ney General Klein regarding the Department AT&T appears to be throwing in the towel satisfied customers. Mr. Klein refused even of Justice’s (DOJ) role in facilitating com- on the notion of competing with the local to impose conditions that would have made petition in the wake of the Telecommuni- Bell monopolies, as it pursues mergers with it easier for state and Federal regulators to cations Act of 1996. As you know, my support the Bell companies. pry open Nynex’s markets to rivals such as of the Telecommunications Act was contin- AT&T. MCI is losing money hand-over-fist in its failed efforts to jump-start local phone com- gent upon a strong role for DOJ in shaping a Worse, Mr. Klein sent a letter to Chairman competitive telecommunications market. I Conrad Burns of the Senate communications petition. After failing to start a competitive sat- did not stop the work of the United States subcommittee, who runs political inter- Senate with a filibuster in order for the De- ference for the Bell companies, that commit- ellite alternative to cable monopolies, Ru- pert Murdoch decided to join forces with the partment of Justice to take its responsibil- ted the antitrust division to pro-Bell posi- ities lightly. In the contrary, I expected DOJ tions in defiance of the 1996 act. cable giants through deals with TCI’s John Malone, Primestar and Cablevision. to use every ounce of its authority, including That act invites the Bell companies to pro- those powers granted outside of the Tele- vide long-distance service, but only if the Finally, local phone companies have pulled the plug on most of their grandiose efforts to communications Act, to ensure the competi- Bells first open their systems to rivals that tive integrity of the new telecommuni- want to compete for local customers. Yet in enter the cable business, and cable compa- nies have retreated just as quickly from en- cations market. the letter to Mr. Burns, Mr. Klein explicitly In response to questions by the Chairman tering the phone business. rejected Congress’s interpretation of require- of the Senate Communications Subcommit- And while all this market entrenchment ments to be imposed on the Bells in favor of tee, Mr. Klein said that he ‘‘specifically re- goes on, cable rates are skyrocketing and his own, weaker standard. jected using the suggestion in the Conference many local phone companies seek a doubling In a subsequent submission to the Federal Report that the Department analyze Bell Op- of local phone rates in anticipation of ‘‘com- Communications Commission, Mr. Klein fur- erating Company (BOC) applications employ- petition.’’ ther weakened a requirement that before the ing the standard used in the AT&T consent Bells enter long-distance service they face a It is more obvious than ever before that the Telecommunications Act will be an ab- decree’’. This standard would reject BOC competitor that is serious enough to build entry into in-region long distance unless its own switches and wires. Mr. Klein has ject failure unless Congress makes sure that the Antitrust Division reverses course and ‘‘there is a substantial possibility that the also upset some senators by seeming to mini- BOC or its affiliates could use its monopoly mize the importance, provided in the 1996 reinvigorates its enforcement practices. Sincerely, power to impede competition in the market Telecommunications Act, of Justice’s advice such company seeks to enter.’’ The Tele- HOWARD M. METZENBAUM, to the F.C.C. on applications by Bell compa- communications Act gave you the authority nies to enter long-distance. Chairman, Consumer Federation of America, to choose any standard you see fit to evalu- True, Mr. Klein has blocked applications ate BOC entry into in-region service. Win- by two Bell companies, SBC and Ameritech, former chairman, Senate Subcommittee on ning that discretion was a hard fought bat- to offer long-distance service before they had tle. Is the Department using its discretion to opened their local markets to competition. Antitrust, Business Rights and Competition. chose a weak standard? Does Mr. Klein’s But by pandering to Mr. Burns, he has cre- statement mean that a Bell Operating Com- GENE KIMMELMAN, ated strong doubts that he can provide ag- pany should be allowed to enter the in-region gressive antitrust leadership. Co-Director, Consum- ers Union. long distance market even if there is a ‘‘sub- Mr. HOLLINGS. I ask unanimous stantial possibility that he BOC or its affili- DR. MARK COOPER, consent that the Consumer Federation Research Director, ates could use monopoly power to impede of America letter of July 14, 1997, on Consumer Federa- competition?’’ Mr. Klein’s comment to the Chairman that this score be printed in the RECORD. tion of America. ‘‘we think that the openness of a local mar- There being no objection, the letter Mr. HOLLINGS. Consumer Federa- ket can be best assessed by the discretionary was ordered to be printed in the tion and others who have followed this authority of the FCC, relying in part on the RECORD, as follows: thing have been on the phone and oth- Department of Justice’s competitive assess- CONSUMER FEDERATION OF AMERICA, erwise just fighting to make sure that ment, and based on the evaluation of the July 14, 1997. this was really held up and defeated. particular circumstances in an individual DEAR SENATOR: With cable rates rising al- And in all fairness, I am sorry, after we state.’’ I fought hard to include DOJ in this most three times faster than inflation and process because of the legal and economic massive consolidation in cable, radio and see the exchange of letters here re- expertise of the Antitrust Division. Is the telecommunications markets, your efforts to cently, that I did not fight this nomi- Department abdicating its role in this area? promote competition through the 1996 Tele- nation. I put a hold on it. I thought The Federal Communications Commission communications Act are backfiring. that Members would listen, that they (FCC) is not the only agency equipped to July 17, 1997 CONGRESSIONAL RECORD — SENATE S7683 make decisions about the openness of mar- Telecommunications Act of 1996 extremely wrote a letter, and we were waiting for kets. Can a market be competitive if it is not seriously. We have devoted substantial re- a letter back and we had to wait sev- open? The Department’s responsibility under sources to preliminary investigations all eral weeks. Not the Senator from Mon- the act and the nation’s antitrust laws is across the nation on a state-by-state basis to tana. His letter and addendum and most serious and should be aggressively pur- understand the competitive conditions in sued by the Antitrust Division. Although the each state. We have devoted even more re- opinion were all put out immediately. ultimate decision lies with the FCC, the De- sources to our review and evaluation of spe- But when Senators who worked on the partment should accept its important role as cific Section 271 applications. We prepared bill as diligently as we did tried to the expert in competition and market power extensive, even exhaustive, analyses of SBC’s meet with him and then put down in and adopt a meaningful entry standard based Section 271 application for in-region long black and white our misgivings, write on pro-competitive principles. I am not con- distance authority in Oklahoma and the Attorney General’s department and vinced that the Department has done that. Ameritech’s Section 271 application for in- ask, please, now, let’s see your position On a separate but equally important com- region long distance authority in Michigan. here on the plain, clear language, they Our actions in these matters make abso- petition issue, I remain very concerned write back—‘‘I believe in competition.’’ about recent mergers between large tele- lutely clear that the Department is firmly communications providers. The decision by committed to ensuring that local markets Just two pages of nothing. I have that Justice to approve the Bell Atlantic/NYNEX are fully and irreversibly open, so that com- in the RECORD. merger without any conditions is troubling. petition can take hold there and flourish, Mr. President, I should have, like I I am also concerned about rumors circulat- and that long distance markets are as com- say, politicked this nomination for its ing about a possible reconstruction of the old petitive as possible. We share your view that defeat. Bell system. Reports of AT&T efforts to this is crucial for consumers in this country. Let me ask unanimous consent that bring two BOC’s back into its fold should To this end, we have adopted a procom- the ‘‘Dear Colleague’’ letter of July 10 give everyone pause. Such a merger will petitive standard for evaluating Section 271 by Senator DORGAN of North Dakota applications, and we are providing the FCC likely lead to a new round of large tele- and myself be printed in the RECORD. communications mergers which could great- with meaningful guidance on competition There being no objection, the letter policy in specific cases. The FCC relied heav- ly reduce any chance for the swift adoption was ordered to be printed in the of a vibrant, competitive telecommuni- ily on our analysis in its only decision to RECORD, as follows: cations market. Competitive entry could be date, its recent decision denying SBC’s appli- U.S. SENATE, COMMITTEE ON COM- frozen while real and potential competitors cation. MERCE, SCIENCE, AND TRANSPOR- court, woo and marry each other. You have specific questions regarding the Finally, I am pleased with Mr. Klein’s em- standard used by the Department in evaluat- TATION, phasis on ensuring that the BOC’s take the ing Bell Operating Company (BOC) FCC ap- Washington, DC, July 10, 1997. DEAR COLLEAGUE: The Senate may soon necessary steps to allow competition in their plications to provide in-region long distance move to consider the nomination of Joel markets. The Department of Justice should service. After a careful evaluation of public input, Klein to be the Assistant Attorney General use its authority to ensure that no one cre- in charge of the Antitrust Division. Because ates or uses artificial impediments to block the Department adopted a standard that the local market had to be ‘‘fully and irrevers- of statements and actions by Mr. Klein in his competitive entry. Interconnection agree- acting capacity at the Department of Justice ments are pending in all fifty states, but at ibly open to competition.’’ I assure you that this is not a weak standard. It is a meaning- we are very concerned with the direction of this time no significant competition has de- the Administration’s policies with respect to veloped. The era of telecommunications mo- ful standard based on strong procompetitive principles and is designed to ensure and pro- its interpretation of certain provisions of the nopolies should be over, not recreated. Mar- Telecommunications Act of 1996. We believe ket forces, not market power should moti- tect competition in both local and long-dis- tance markets. It ensures that no one can that these issues need clarification before vate all telecommunications carriers to Mr. Klein’s nomination should be brought to create artificial impediments to entry, and work night and day to win and keep cus- a vote in the Senate. We urge you to support it ensures that BOCs are not able to provide tomers. Interconnection should be made as us in our desire to resolve the issues sur- in-region long distance service prematurely, simple and efficient as possible. It should be rounding Mr. Klein’s actions before his nomi- when they might have unfair competitive ad- very easy for a telecommunications entre- nation is brought to the Senate floor for de- vantages over competitors. Otherwise, the preneur to gather a group of customers and bate. easily, efficiently and expeditiously begin promise of fully competitive local and long Whether or not robust competition devel- providing them service through interconnec- distance markets would be delayed. ops in the local telephone service market de- As demonstrated by our evaluations of tion or resale. pends upon the Administration’s commit- SBC’s Section 271 Oklahoma application in The telecommunications industry is at a ment to vigorously enforce these critical May, and of Ameritech’s Section 271 Michi- critical point in its history. The Depart- provisions of the Telecommunications Act. ment’s commitment to using its full author- gan application in late June, we will not sup- Unfortunately, while serving as acting chief ity to promote competition is important to port long distance entry until local markets of the Antitrust Division, Mr. Klein has ex- achieving an environment where consumers are fully and irreversibly open to competi- plicitly contradicted specific statutory man- come first and entrepreneurs are encouraged tion. Our position (and our standard) is one dates and conference report directions that to challenge the status quo. Thank you for that is tough but fair and designed to pro- we, working with the White House, fought your careful consideration of my concerns mote the maximum amount of competition again all odds to have added to the Tele- and would appreciate your views on these in all markets. The Department is fully com- communications Act of 1996. We have asked matters. I look forward to your response. mitted to ensuring that all telecommuni- Mr. Klein, Attorney General Reno, and the Sincerely, cations markets become as competitive as White House to review our concerns and J. ROBERT KERREY. possible. demonstrate that the Antitrust Division will In closing, let me say Joel Klein is an ex- follow the explicit meaning of the Tele- OFFICE OF THE ATTORNEY GENERAL, tremely intelligent and talented attorney communications Act. So far, we have not re- Washington, DC, July 14, 1997. and a dedicated public servant. The Presi- ceived a satisfactory response to our con- Hon. BYRON L. DORGAN, dent and I hope he is rapidly confirmed by cerns. U.S. Senate, the United States Senate to be the Assistant Our misgivings about Mr. Klein go to the Washington, DC. Attorney General for Antitrust. very heart of whether the Telecommuni- DEAR SENATOR DORGAN: The President has Sincerely, cations Act achieves its goal of promoting requested that I respond to your recent let- JANET RENO. more competition and lower prices for con- ter to him regarding the nomination of Joel Mr. HOLLINGS. Now, you see every sumers. In response to White House requests Klein to be Assistant Attorney General for effort has been made to try to clear (and a very specific veto threat) we made Antitrust and the Administration’s tele- that record, and you can read the At- sure that nothing in the Telecommuni- communications policies. torney General’s letter, and for the cations act in any way undermined the anti- At the outset, I want to emphasize my ap- trust laws. In fact, to address these concerns, preciation and that of the Department as a purposes at hand it is not worth the we gave the Justice Department new author- whole for your strong and unwavering sup- paper it is written on. You can throw it ity to rule on mergers of telecommuni- port for the important role provided for the away. It says nothing—that she be- cations common carriers (power previously Department in the implementation of the lieves in competition. Now, she is a reserved for the Federal Communications Telecommunications Act of 1996. I remember lawyer. She knows how to read empha- Commission), and we gave the Justice De- how hard we fought together to secure the sized italics language. She saw the partment a substantial role in determining DOJ role. As a consequence, I share with you pitch. I told her about the pitch and when a local Bell telephone monopoly could enter the long distance market because it a keen interest in ensuring that the Depart- how it occurred. I showed her the talk ment carries out its role under the Tele- had sufficiently opened its market to com- communications Act effectively. that Klein made. We went down the petition. However, under the leadership of Let me begin by assuring you that the De- whole thing. So Senator KERREY, and I Mr. Klein, the Justice Department has abdi- partment of Justice takes its role under the understand, of course, Senator DORGAN cated its responsibility and failed to use S7684 CONGRESSIONAL RECORD — SENATE July 17, 1997 these tools to promote the level of competi- you want to be identified as the one antitrust law and doctrine, and will ex- tion that we and the Clinton Administration having the hold, I said absolutely. I am ercise his responsibilities fairly and believed should be developing in tele- not playing games, tricks or anything within the dictates of the law. He is communications markets. By interpreting the Telecommunications of that kind. I would be glad if you committed to upholding our free enter- Act in a manner that fails to ensure that called it this afternoon. That was prise system and to protecting consum- both consumers and businesses receive com- weeks ago where I would have a chance ers from anti-competitive conduct. petitive choices from separate local phone to explain exactly what occurred. But, Under Chairman HATCH’s distin- companies; by abandoning the Department of of course, you can see what has oc- guished leadership, the Judiciary Com- Justice’s traditional standard for measuring curred. They have politically worked mittee held a hearing on Mr. Klein’s competition to make it easier for the Bell it, got the votes, got cloture. Don’t nomination in April, and his nomina- companies to enter long distance; and by ap- tion was reported out of the Committee proving the largest merger in telecommuni- waste time. Let us get on with this. And then when the rates go up, when unanimously in May. cations history without even a policing In short, I strongly believe that Mr. mechanism to ensure that competition you get consolidation instead of com- would be enhanced, Mr. Klein has sent the petition and those rates go up, and you Klein is a man of unquestioned integ- wrong signal to the marketplace and under- don’t get competition in the local mar- rity and great ability. I urge my col- mined the core principles that are the foun- ket and you don’t get what we intended leagues to vote in favor of this nomina- dation upon which the Telecommunications in the Telecommunications Act, don’t tion. Act was constructed. come around like in Gramm–Rudman- Mr. President, in closing I want to In a letter describing his final concerns commend Senator HATCH, the able about our bill and the bill passed by our col- Hollings and say it didn’t work. Gramm–Rudman-Hollings worked up chairman of the Judiciary Committee leagues in the House, President Clinton for the position he has taken on this wrote that the final bill ‘‘should include a until 1990 when they went out to An- test specifically designed to ensure that the drews Air Base and they put in the cat- particular nomination. Mr. President, I yield the floor. Bell companies entering into long distance egories and so-called ceilings—we Mr. KOHL. Mr. President, let me markets will not impede competition.’’ This haven’t reached those ceilings yet—and make a few brief points. First, it is test described by President Clinton is actu- repealed the across-the-board cuts, the kind of ironic that Joel Klein’s nomi- ally a stronger test than the VIII(c) test con- sequester language. On October 21 at tained within the Modified Final Judgment. nation has nearly universal Republican 1:40 a.m. I made the point of order that Yet, Mr. Klein rejected both these tests re- support, but has divided many Demo- cently and decided to develop his own lesser you are now repealing the thrust of crats. After all, he is the President’s standard of ‘‘irreversibly open to competi- Gramm–Rudman-Hollings. Today, this choice for the job and any Presidential tion.’’ afternoon, I am making the same nominee for an executive branch ap- In another more compelling matter, Mr. point. You are repealing the competi- pointment—Democrat or Republican— Klein has turned the statute on its head in tive feature of the Telecommuncations his interpretation of the facilities-based deserves the benefit of the doubt. More Act of 1996. than that, Mr. Klein has the support of entry test for long distance. The statute re- I hope the nomination is defeated and quires that a facilities-based provider serve many prominent Democrats, among both business and residential customers be- we get somebody here who can read. them Judge Abner Mikva, Former Dep- fore the Bell company can enter long dis- I yield the floor. The PRESIDING OFFICER. The Sen- uty Attorney General Jamie Gorelick, tance. Mr. Klein, however, believes the stat- Lloyd Cutler, and others. I ask unani- ute can be interpreted to mean that a facili- ator from Utah. Mr. HATCH. Mr. President, I yield 4 mous consent that a letter from ties-based carrier need only provide service them—and from prominent Repub- to business or residential customers. Yet minutes to the distinguished Senator again, another instance where Mr. Klein has from South Carolina. licans—in support of Joel Klein be weakened the protections that the Congress The PRESIDING OFFICER. The Sen- printed in the RECORD. fought hard to enact into law to protect con- ator from South Carolina. There being no objection, the letters sumers from premature entry into long dis- Mr. THURMOND. Mr. President, I were ordered to be printed in the tance. rise today in support of the nomination RECORD, as follows: We will insist that any Administration JULY 14, 1997. nominee support the consumer protection we of Joel I. Klein to serve as Assistant Attorney General for the Antitrust Di- Hon. TRENT LOTT, fought hard to put into place. Mr. Klein’s in- Senate Majority Leader, Washington, DC. terpretation of the law will result in more vision of the Department of Justice. consolidation, less choice and higher costs to Mr. Klein is a fine man and is an out- Hon. TOM DASCHLE, consumers. We therefore want to ensure that standing nominee for this important Senate Minority Leader, Washington, DC. this or any Administration nominee imple- DEAR SENATOR LOTT AND SENATOR position. I am pleased to support him. DASCHLE: We are lawyers, academics, and ment the letter of the law and follow the Mr. Klein achieved an excellent aca- steps that we and the Administration out- former government officials with differing demic record at both Columbia College views on various legal and public policy is- lined in achieving a consensus during delib- sues. We are united, however, in our belief erations on the Telecommunications Act’s in New York and Harvard Law School. that Joel I. Klein is a superbly and uniquely conference report. He then served as a law clerk for the qualified nominee to be the Assistant Attor- Sincerely, Chief Judge of the D.C. Circuit Court of ney General for Antitrust at the Department BYRON L. DORGAN. Appeals and later for U.S. Supreme of Justice. We are confident that as Assist- ERNEST F. HOLLINGS. Court Justice Lewis Powell. Afterward, ant Attorney General Joel Klein would vig- Mr. HOLLINGS. It is not my intent he developed a distinguished reputa- orously enforce the nation’s antitrust laws to take further time. I can tell that tion in private practice, where he ar- and effectively serve the public interest. We this was called. I had checked after the gued important cases before the U.S. urge the Senate to act upon this nomination last rollcall. They said it wasn’t going Supreme Court. promptly and confirm Mr. Klein to this im- to be called until after 6 o’clock. When For the past several months, he has portant post. they filed it, they filed cloture imme- served as the Acting Assistant Attor- Sincerely, diately before there was any kind of de- ney General for the Antitrust Division. Donald B. Ayer, Former Deputy Attor- During that time, he has shown that he ney General, Former Deputy Solicitor bate whatever. They have not only lost General; Warren Christopher, Former their senses with respect to reality, is firmly committed to enforcing our Secretary of State, Former Deputy At- calling deficits listed in the document nation’s antitrust laws. For example, torney General; Lloyd N. Cutler, as $179.3 billion as balanced, but they under his leadership, the Antitrust Di- Former Counsel to the President; Alan have lost their manners and their cour- vision has greatly increased its collec- Dershowitz, Professor of Law, Harvard tesy. Usually you have the Senator tion of criminal fines. Thus far this fis- Law School; Peter Edelman, Professor who had the hold and caused the par- cal year, which almost coincides with of Law, Georgetown Law Center; Elea- ticular confusion put on notice, but I Joel Klein’s tenure, the Antitrust Divi- nor Fox, Professor of Law, NYU Law had a staffer watching the TV and saw sion has collected over $192 million dol- School; Jamie Gorelick, Former Dep- uty Attorney General; Carla A. Hills, our friend from Utah, Senator HATCH, lars in criminal fines, compared to Former United States Trade Rep- was talking. So there we are, just right only about $27 million for all of fiscal resentative, Former Secretary of Hous- in the middle. year 1996. ing and Urban Development; Charles You did not need cloture. At the time Mr. President, I am confident that James, Former Assistant Attorney we put on a hold and were asked: Do Mr. Klein is within the mainstream of General, Antitrust Division. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7685 Harry McPherson, Former Counsel to the they clearly want someone in charge of ing action on other nominees for the President; Abner J. Mikva, Former the Antitrust Division who will bring Department of Justice, and for long Counsel to the President, Former Chief about the kind of competition prom- overdue bipartisan action on judicial Judge, United States Court of Appeals ised in—but not yet delivered by—the nominations as well. for the District of Columbia, Former Member of Congress; Newton N. Minow, Telecommunications Act. They have Mr. WYDEN. Mr. President, the posi- Former Chairman, Federal Commu- sent a strong message to Joel Klein on tion of Assistant Attorney General for nications Commission; Leon E. Pa- how to interpret Section 271 of the Act, Anti-Trust is one of the most critical netta, Former White House Chief of and I believe he understands that mes- to assuring American consumers enjoy Staff, Former Member of Congress; sage and will work hard to promote the benefits of competition. The deci- Deval Patrick, Former Assistant At- vigorous competition in the telephone sions made by the individual who holds torney General, Civil Rights Division; industry—and all other industries. this title affect billions of dollars and Robert B. Reich, Former Secretary of My hope is that Joel Klein, as a con- the ability of our companies to com- Labor; James Rill, Former Assistant Attorney General, Antitrust Division; firmed appointee, will surprise his crit- pete in the global economy. They af- Richard E. Wiley, Former Chairman, ics and please his supporters in his en- fect corporate profit and loss sheets Federal Communications Commission. forcement of the antitrust laws. I urge and the course of the stock market. my colleagues to support him. But most importantly, they affect the Senator ORRIN HATCH, Mr. KENNEDY. Mr. President, I give prices consumers pay for basic services, U.S. Senate. my strong support to Joel Klein’s nom- from telephone calls to transportation We are writing to express our support for ination to serve as Assistant Attorney and television. the nomination of Joel Klein as Assistant General of the Antitrust Division at No area holds more promise for com- Attorney General for Antitrust. We are a group of economists who are the Department of Justice. Mr. Klein’s petition than communications, and working actively to help break down entry background and experience have pre- that was the major impetus for the 1996 barriers and bring competition in the tele- pared him well to serve the country in Telecommunications Act. The Act was communications sector, as Congress in- this capacity. intended to eliminate monopolies, spur tended in passing the Telecommunications After graduating magna cum laude new entrants and bring down prices. Act of 1996. Collectively, we have served as from Columbia University and Harvard Eighteen months later, we have seen economic experts for interexchange carriers, Law School, Mr. Klein served as a law wireless companies, and Bell operating com- pitifully little progress. The Adminis- panies. The signatories below include four clerk for both D.C. Circuit Judge David tration has not moved aggressively to recent Economics Deputies from the Anti- Bazelon and Supreme Court Justice promote competition. The vote I will trust Division and the two most recent Chief Lewis Powell. He later served with cast today is meant to send a signal to Economists at the Federal Communications great distinction as a public interest the Administration that those of us in Commission. lawyer, Deputy White House Counsel, Congress who supported the 1996 Tele- Although we have our differences in the in- and Principal Deputy of the Antitrust communications Act want to see com- terpretation of various economic evidence, and in our recommendations for tele- Division where he is now the Acting petition rather than concentration. communications policies, we all believe that Assistant Attorney General. As a member of the Commerce Com- Joel Klein will make an excellent Assistant Mr. Klein’s work in the Antitrust Di- munications Subcommittee, I had Attorney General. He is fair and thoughtful, vision has earned wide praise. Leading hoped the 1996 Telecommunications he understands and uses economic argu- economists, including two former Chief Act would unleash a torrent of com- ments and analysis effectively, and he is Economists of the Federal Communica- petition. Instead, we have seen prices dedicated to enforcing our antitrust laws and tions Commission, believe that he will outpace inflation in many areas. Each promoting competition in our economy. be an excellent Assistant Attorney day the paper seems to carry yet an- Sincerely yours, General who is ‘‘dedicated to enforcing other announcement of one giant com- JOSEPH FARRELL, Prof. of Economics, our antitrust laws and promoting com- pany’s plans to merge with another. U. of California at petition in our economy.’’ Mr. Klein Companies are spending millions of Berkeley. wins similar high praise from State dollars on litigation and negative ad- MICHAEL KATZ, and Federal officials and many mem- vertising. The situation reminds me of Prof. of Business Ad- bers of the American Bar Association the African proverb: when elephants ministration, U. of active in the Section of Antitrust Law. fight, the grass gets trampled. The California at This praise is well deserved. Mr. grass here is the American consumer. Berkeley. Klein has won substantial criminal Perhaps the overwhelming array of CARL SHAPIRO, Prof. of Business fines against large companies guilty of choices has lulled the consumer into a Strategy, U. of price-fixing. He has challenged anti- sense of complacency. We hear about California at competitive practices and anticompeti- 500 channel broadcast satellite and Berkeley. tive mergers that harm consumers. He video-on-demand. We see pages and RICHARD GILBERT, has given new emphasis to antitrust pages of advertisements for cellular Prof. of Economics, enforcement overseas to help open phones and CD ROM’s, interactive com- U. of California at more markets for U.S. businesses. puters and digital cameras. The pace of Berkeley. I have had the opportunity to work progress is incredible. JANUSZ ORDOVER, closely with Mr. Klein on several is- Prof. of Economics, But if one peeks behind the New York U. sues, including a recent ‘‘East-West smorgasboard, there is a very disturb- ROBERT WILLIG, Initiative,’’ which brought together ing trend. The trend is toward con- Prof. of Economics business leaders, government officials, centration and media mega-mergers. and Public Affairs, and Republican and Democratic Sen- Today’s competitors are becoming to- Princeton U. ators from Massachusetts, North Caro- morrow’s partners. Mr. KOHL. Second, while it is unfor- lina, Washington, Utah, and California Mr. President, this is why the posi- tunate that Eric Holder is being held to discuss cooperative efforts by gov- tion of Assistant Attorney General for ‘‘hostage’’ to Joel Klein’s nomination, ernment and business to help consum- Anti-Trust is so crucial. The individual the truth is that the sooner we confirm ers. Mr. Klein’s participation in this ef- who sits in that office plays a pivotal Mr. Klein, the sooner we can move for- fort was key to its success, and I have role in assuring our anti-trust laws ward and confirm Eric Holder. The De- the greatest respect for his ability and produce robust competition rather partment of Justice, and the American his commitment to public service. than rogue concentration. Consumers people, will be better off with a con- I urge the Senate to approve his nom- need a champion for choice in commu- firmed Deputy Attorney General. ination. His outstanding record makes nications. Third, I respect the efforts of my col- him an excellent nominee for this posi- I like Mr. Klein personally and be- leagues, Senator HOLLINGS, Senator tion. I hope that the strong bipartisan lieve him to be a skilled lawyer. It is DORGAN and Senator KERREY, who have support already expressed by many the Administration’s failure to move fought long and hard for consumers on Senators on both sides of the aisle will aggressively to promote competition telecommunications matters. Like me, lead to further cooperation in expedit- that disturbs me. I hope my vote today S7686 CONGRESSIONAL RECORD — SENATE July 17, 1997 sends a clear message to the Adminis- nation of Joel Klein to assume the po- of these issues that almost no one un- tration that the trend toward increased sition of Assistant Attorney General of derstands. They seem not very impor- communications concentration needs the Antitrust Division of the U.S. De- tant to many, I am sure. I suppose to be thorougly examined and chal- partment of Justice. most who would listen to this would lenged. For this reason, Mr. President, There has been much debate here this think it incredibly boring. But, in fact, I will not be able to support the Ad- evening over my letter to Mr. Klein it is very, very important. We have a ministration on this vote. dated May 15, 1997, and his subsequent market system in this country that Mr. TORRICELLI. Mr. President, I letter in response dated May 20, 1997. works only when there is competition. rise in support of the nomination of I’d like to take this opportunity to When you don’t have competition, the Joel Klein because of my confidence in offer my two cents. market system doesn’t work. his ability to be the kind of antitrust When Mr. Klein’s nomination was We have something called a referee law enforcer the Justice Department first reported out of the Judiciary several places in this Government: One and the country need to protect con- Committee, I was concerned for three at Justice, in the Antitrust Division; sumers and ensure vigorous competi- primary reasons. First, I had recently we have a referee function in the Fed- tion. read Mr. Klein’s paper entitled ‘‘Pre- eral Trade Commission. In fact, we My confidence comes from Mr. paring for Competition in a Deregu- have 1,000 attorneys, roughly, I under- Klein’s record of great success during lated Telecommunications Market,’’ stand, whose job it is to deal with anti- the past nine months during which he which he presented at the Willard trust issues and the issues of monopoly has headed the Antitrust Division. He Inter-Continental Hotel in Washington, and so on. The purpose is to make sure has proven to be a strong advocate in DC, on March 11, 1997, and his interpre- that we don’t have enterprises, where promotion of competition. His accom- tation in that paper of Section 271 of people come in and grab markets and plishments include suing Rochster Gas the Telecommunications Act of 1996 develop trusts or monopolies and ex- and Electric for impeding competition troubled me. Because I chair the Sub- tract from the consumers a price that for electric power, suing to block a hos- committee on Communications, I felt is unfair, a price that is not set in an pital merger that would have raised that I could not, in good conscience, open market or an open competition. prices for patients on Long Island, NY, allow his nomination to move forward; That is what this antitrust enforce- ment is about. obtaining indictments of an insulation consequently, I placed a hold upon his Mr. Joel Klein is, by all accounts, ca- company executive for price fixing, nomination and sent a letter to him pable, smart, and a fellow with a dis- asking him to explain his statements blocking an acquisition that would tinguished career. I have met him. I concerning 271 applications. He have created a dominant provider of as- think he is a nice fellow. We should not phalt concrete in New Hampshire and promptly responded with a comprehen- be voting on this nomination at this Vermont, and blocking an acquisition sive explanation of his statements, point. We should not have been voting by Gulfstar Communications that and, while I did not at that time nor do on a cloture motion on this nomination would have created unacceptable media I now, necessarily agree with his as- either, as we did a week ago. Why? Be- concentration. sessment of the DoJ’s role in the 271 cause there are substantial questions His record also includes numerous application process, I understood the that a number of us have raised about guilty pleas and fines and settlements basis of his convictions. the nomination of Mr. Klein that have from antitrust violators, including a Second, in addition to the questions not been answered. I feel I must vote record $5.6 million penalty from Ger- raised in my letter, I also telephoned against this nomination. I don’t like man and Brazilian companies for vio- him and expressed concern over what that position, but I don’t intend to vote lating pre-merger notification rules. had been reported to me—both by press for a nomination with the kind of ques- With an already strong record in an accounts and by a wide range of indus- tions that remain about a number of acting capacity, we can look forward to try representatives—as a total failure positions that have been taken, a num- great things from Mr. Klein should he on the part of the Antitrust Division to ber of things that have been written be confirmed by the Senate. investigate allegations that Microsoft and said by this potential nominee on Mr. HATCH. Mr. President, I must Corporation was in violation of the antitrust issues, that give me great say I find some irony in the criticisms Consent Decree entered into with the concern. I am hearing today regarding Mr. Department of Justice on August 21, I intend to speak only briefly because Klein’s efforts to implement the Tele- 1995. I have here one of several news- I think my colleagues have covered communications Act. In essence, it is paper articles detailing these allega- this subject. After I complete my pres- being suggested that Mr. Klein’s inter- tions and seek unanimous consent for entation I will yield back the remain- pretation of the Act would permit local its introduction into the RECORD. Sub- der of our time. But I want to make a Bell companies to enter the long dis- sequently, I met with Mr. Klein and he couple of important points. tance market prematurely, or too eas- assured me that he would investigate The fight on the Telecommunications ily. these allegations. Act, which was the first major reform In fact, however, Mr. Klein has Finally, I had been contacted by a of the telecommunications laws in this weighed in against Bell entry into long number of radio broadcasters who had country in five or six decades, was a distance in the 2 applications that complained that the Antitrust Division substantial battle between behemoths have, to date, come before him—that was misinterpreting the radio owner- in our country—organizations that pro- is, the SBC and Ameritech applica- ship provisions of the Telecommuni- vided local service that are collecting tions. So it is curious to me that, while cations Act, but, after meeting with tens and tens of billions of dollars of Mr. Klein’s only actions in this regard Mr. Klein, and discussing the issue at revenue, and organizations that are in- have been contrary to the Bells, his length, I was satisfied with his ap- volved in long distance telephone serv- confirmation is being opposed on the proach in this matter. ice that are just as big. These titans ground that he is being too lax on the Consequently, based upon both his then clashed as we wrote a Tele- Bells. This puzzles me. written and verbal responses to my communications Act. One of my con- But the broader point here is that concerns. I am satisfied that he will be cerns as we wrote this act was that we Mr. Klein has demonstrated a studied, a fine Assistant Attorney General for would end up, not with more competi- fair approach to interpreting the law, the Antitrust Division, and I support tion, but, instead, with more con- as a general matter. his nomination. centration. If you have less competi- I may well disagree with particular The PRESIDING OFFICER. The Sen- tion and more concentration you will decisions Mr. Klein makes, but I am ator from North Dakota. have higher prices. persuaded he will make a top-flight Mr. DORGAN. Mr. President, if there My colleague from Nebraska held up antitrust chief. So I urge my col- is a cure for insomnia, as I said the something that was in the paper this leagues to join me in supporting this other day, this kind of debate surely morning in Nebraska, ‘‘So Far, Con- nomination. must be it. This is so arcane and tech- sumers Losers in Battle for Dial-Tone Mr. BURNS. Mr. President, I rise this nical, to be talking about antitrust is- Dollars; basic rates for telephone serv- evening to offer may support for nomi- sues and VIII(C) and section 271, and all ice are up for 93 percent of Nebraska July 17, 1997 CONGRESSIONAL RECORD — SENATE S7687 residential customers the past year.’’ I specific analysis from you on how the ‘‘irre- companies become—let’s have mergers, don’t know much about Nebraska, but versibly open to competition’’ standard re- let them go off and get married—it is I fear what will happen if we don’t have lates to the VIII(C) standard, which was rec- just terrific.’’ That is what the bill aggressive antitrust enforcement at ommended in the Conference Report on the was. So I offered an amendment on the Telecommunications Act of 1996. How does the Justice Department, something I the ‘‘irreversibly open to competition’’ floor of the Senate and said, ‘‘Let’s put fought very hard for, as did the Sen- standard differ from the VIII(C) standard these limits back on at this point.’’ I ator from South Carolina, as did the with respect to assessing adequate local don’t support taking the limits off how Senator from Nebraska, when we competition and the impact of RBOC entry many television stations you can own, passed the Telecommunications Act. into long distance services on long distance how many radio stations you can own. We were the ones standing out here on competition. We had a vote and guess what? Guess the floor talking about the VIII(C) test. In our meeting last week, you said that the who won? I won. My amendment pre- We are the ones who fought for a role standard that you and the Antitrust Division vailed. I was so surprised I could hardly for the Justice Department in all of have developed is stronger than the VIII(C) stand, and it was about 4 o’clock in the standard, and more appropriate in your afternoon. The then-majority leader these issues. Were it not for us, it judgement. I would like your analysis why would not have been there. this is the case. I want to assure you that I did not support my position. He was on Now, the Justice Department role is have an open mind on this subject. My posi- the opposite side. He changed his critical, as is the role of the Federal tion is not absolutely wedded to the VIII(C) vote—had another Member change his Communications Commission. If we standard as the only test for evaluation of a vote, and asked for reconsideration have a Federal Communications Com- Section 271 application by an RBOC. Rather, after dinner, 3 hours later. And do you mission that does the wrong thing, or I become concerned when an Administration know what happened? There were four, we have a Justice Department that official adopts a position that differs from five, or six Members of the Senate that doesn’t do the right thing in antitrust previous Administration policy—which I went out to have dinner—Lord only fought for in the debate over the Tele- enforcement, I guarantee the result of communications Act—and I would like to knows what they ate—they came back the Telecommunications Act last year better understand the new position. and 3 hours later they had some sort of will not be more competition and lower As I said on the Senate floor last Friday, I epiphany that allowed them to vote prices, it will be more concentration, do not doubt your abilities nor your integ- against my amendment, so I lost. fewer companies, and higher prices. I rity. I simply would like some clarification I learned that winning around here guarantee it. on some issues that I fought hard to secure sometimes means you only win for 3 This is important. This is about bil- in the Telecommunications Act at the re- hours. It felt good from 4 to 7, but the lions and billions and billions of dollars quest of the Administration before the Sen- fact is I lost. Then the bill went to con- of additional charges that consumers ate votes on your nomination to be Assistant ference and the bill had enough in it to Attorney General for the Antitrust Division. may or may not have to pay in the fu- Thank you for your assistance and co- make me feel that maybe we will move ture, depending on antitrust enforce- operation. in the right direction. But I would rue ment in the Justice Department and on Sincerely, the day of supporting any portion of thoughtful, responsible decisions in the BYRON L. DORGAN, this telecommunications act if we Federal Communications Commission U.S. Senate. don’t have the most aggressive anti- that properly implement the Tele- Mr. DORGAN. I have sent Mr. Klein trust enforcement and the best deci- communications Act. There will be this letter. sions, the most thoughtful decisions more discussion about that because we Let me say this. It may well be that comporting with what we decide is in also have some disagreements about the irreversibly open to competition this act from the Federal Communica- nominations to the Federal Commu- standard is a tougher standard, as they tions Commission. nications Commission. allege. I don’t have the foggiest idea. I I have a lot more to say but I know Mr. President, I ask unanimous con- don’t know. Nobody knows. And I am there are other times when Members sent to have printed in the RECORD at not prepared to have someone say, ‘‘I will be anxious to hear it, and I will this point a letter that I have written reject the standard that Congress de- save it for those times. to Mr. Joel Klein dated July 15, asking termined to be the standard when it Let me compliment the Senator from some questions about the interpreta- passed the Telecommunications Act, South Carolina and the Senator from tions that have been made on the and I create my own standard,’’ and Nebraska. Let me say a word, finally to the VIII(C) test—the VIII(C) standards, none of us know what that means nominee. I expect the Senate will cast rather, relative to the new standard here—I am not prepared to say, ‘‘Yes, a favorable vote for this nominee. I called ‘‘irreversibly open to competi- let me sign up for that. Let me be a hope this nominee succeeds. I hope this tion.’’ partner in that process.’’ I am not will- nominee proves that the standard that There being no objection, the letter ing to do it. he has developed is a tough, no-non- was ordered to be printed in the It may be, at the end stage of this sense standard. If he does, I will come RECORD, as follows: process, maybe it is proven to us that to the floor at some point in the future U.S. SENATE, Mr. Klein was right. I hope so. I hope and say, ‘‘Hurrah for you. I support Washington, DC, July 15, 1997. that is the case. But if he is not right, what you have done.’’ I think we Mr. JOEL KLEIN, if we are right, what is going to happen should not be voting on this nominee Acting Assistant Attorney General, U.S. Depart- is everybody in this country who uses a ment of Justice, Washington, DC. today. I wish we had more time. If we telephone, everybody in this country DEAR MR. KLEIN: Last night, I received a had more time, maybe some of these who is a consumer of telecommuni- letter from Attorney General Janet Reno re- votes would have been different. sponding to a letter I sent to President Clin- cations services, is going to end up Mr. President, I yield the floor and ton relating to issues that I have with re- paying higher prices. That’s the test. yield the remainder of our time. spect to your nomination. While I appreciate Mr. President, one final point and the fact that the Administration has acted The PRESIDING OFFICER. The Sen- then I will conclude. During the debate ator from Utah. to respond to my inquiry, the response was on the Telecommunications Act, some- very general and lacks sufficient specificity Mr. HATCH. Mr. President, do I un- to alleviate my concerns. thing happened to me that was a real derstand the other side is willing to I expect that you will be confirmed by the learning experience. All of us in the yield back the remainder of their time Senate on Thursday. However, before I can Senate have learning experiences, de- and we are prepared to yield back the vote in your favor, I still need to resolve spite the fact that some say we never remainder of our time? some concerns with respect to the role of the seem to be able to learn. Mr. HOLLINGS. Mr. President, we Justice Department in the antitrust aspects I offered an amendment on the floor yield the remainder of our time. of telecommunications policy. In particular, of this Senate on the issue of con- The PRESIDING OFFICER. The Sen- your assurance to other Senators that you centration, because the bill that came reject the VIII(C) standard with respect to ator from Utah. the Justice Department’s evaluation of a to the Senate said, ‘‘Let’s take the lim- Mr. HATCH. Mr. President, I yield Section 271 application by a Regional Bell its off. Let’s let these companies marry back the remainder of our time. I ask Operating Company (RBOC) needs further ex- up. The more weddings the better. Let unanimous consent that upon the com- planation. I would like a more detailed and three companies become one. Let two pletion of debate or the yielding back S7688 CONGRESSIONAL RECORD — SENATE July 17, 1997 of time on the Klein nomination, we NOMINATION OF ERIC H. HOLDER, the highest level of professionalism proceed to a rollcall vote on the nomi- JR., TO BE DEPUTY ATTORNEY and independence in its commitment nation and then, after that vote we GENERAL to enforcing our Nation’s laws. I have proceed to vote on Executive Calendar Mr. HATCH. Mr. President, I am spoken with Mr. Holder on numerous No. 139, the nomination of Eric Holder pleased today that we are finally vot- occasions since his nomination, and am to be Deputy Attorney General of the ing on the nomination of Mr. Eric struck that, in addition to being emi- United States. Holder, nominated to serve as Deputy nently qualified for this position, he is The PRESIDING OFFICER. Is there Attorney General. Mr. Holder was re- a candid, forthright individual of char- objection? Without objection, it is so ported out of the Judiciary Committee acter and integrity who will be a posi- ordered. unanimously on June 24. I support Mr. tive force in steering the Justice De- partment and in seeing to it that our Mr. LEAHY. May I ask for the yeas Holder for this position, and I urge my laws our faithfully and impartially en- and nays on both. colleagues to vote in favor of his con- forced. The Nation expects and de- Mr. HATCH. On both nominees. firmation. This is a position which is vitally im- serves nothing less, and I believe they The PRESIDING OFFICER. Is there a portant to the efficient and effective will get as much from Mr. Holder. sufficient second? management of the Justice Depart- While I have often given Attorney There is a sufficient second. ment, as well as to this committee and General Reno due credit for the fine The yeas and nays were ordered. its many dealings with the Depart- work and accomplishments of the Jus- tice Department, not the least of which Mr. LEAHY. I ask unanimous con- ment. The Deputy Attorney General is the recent trial and conviction of sent the yeas and nays be ordered on plays a critical role in the day-to-day Timothy McVeigh, the Department, both. oversight, management, and adminis- tration of the Justice Department, like any large agency, also has its The PRESIDING OFFICER. Is there share of problems, many of which fall objection to the ordering of the yeas typically handling the Department’s most important and sensitive matters. on the Deputy Attorney General’s and nays on the second nomination? The deputy has ultimate responsibility desk. Without objection, it is so ordered. Is for the office of the Solicitor General, Moreover, the Department has been, there a sufficient second? who represents the United States be- and inevitably will be, the subject of There is a sufficient second. fore the Supreme Court, as well as all some rather intense political pressure, The yeas and nays were ordered. of the Department’s civil and criminal and, quite frankly, I am somewhat dis- turbed by a growing sense that, in a Mr. HATCH. I yield the remainder of divisions, including, for example, the number of instances, there is at least my time. civil rights, tax and antitrust divi- the appearance that political pressures The PRESIDING OFFICER. The sions, the criminal division, the Fed- eral Bureau of Investigation, and all may have won out over the fair and im- question is, Will the Senate advise and partial enforcement of the law. After a consent to the nomination of Joel L. U.S. attorneys. In short, a broad array of policy and law-enforcement deci- rather public display by the White Klein, of the District of Columbia, to House of its displeasure that the Attor- be an Assistant Attorney General. On sions that are critical not just to our legal system but to the Nation as a ney General had previously sought the this question the yeas and nays have appointment of four independent coun- been ordered. The clerk will call the whole, ultimately pass through the Deputy Attorney General. sels, we now see the Attorney General roll. Mr. Holder comes to us with a distin- steadfastly refusing to appoint an inde- The yeas and nays have been ordered. guished record in the law and in the ad- pendent counsel to conduct the cam- The clerk will call the roll. ministration of justice. After graduat- paign finance investigation—the one The legislative clerk called the roll. ing from Columbia Law School in 1976, case where an independent counsel is The result was announced, yeas 88, he served for 12 years as a prosecutor most called for to ensure public con- nays 12, as follows: in the public integrity section of Jus- fidence in the investigation and the De- tice Department’s Criminal Division, partment itself. And, after the Attor- [Rollcall Vote No. 187 Ex.] after which he served for 5 years as a ney General expressly adopted one in- YEAS—88 associate judge for the District of Co- terpretation of the independent counsel Abraham Frist McConnell lumbia Superior Court. Since 1993, Mr. statute, and I challenged that interpre- Akaka Glenn Mikulski Holder has served as U.S. attorney for tation, we now receive a letter explain- Allard Gorton Moseley-Braun Ashcroft Graham Moynihan the District of Columbia, our Nation’s ing that she has, notwithstanding Baucus Gramm Murkowski largest U.S. Attorney’s Office, which statements to the contrary, been ap- Bennett Grams Murray employs over 300 attorneys and pros- plying the same standard I articulated. Biden Grassley Nickles The Justice Department issues bizarre Bingaman Gregg Reed ecutes over 10,000 cases each year. I be- Bond Hagel Reid lieve these positions provide especially statements seeking to put particular Boxer Hatch Robb useful experience for a person who spins on information disclosed by Breaux Helms Roberts would serve as Deputy Attorney Gen- Chairman Thompson in connection Brownback Hutchinson Rockefeller Bryan Hutchison Roth eral. with the campaign fundraising hear- Burns Inhofe Santorum I would like to emphasize how impor- ings. The Justice Department has filed Campbell Jeffords Sarbanes tant it is to the Senate and the Judici- briefs taking rather dubious positions Chafee Johnson Sessions ary Committee in particular, on both in politically sensitive cases, including Coats Kempthorne Shelby Cochran Kennedy Smith (NH) sides of the aisle, to have a close and its appeal brief in the litigation over Collins Kerry Smith (OR) cooperative working relationship with California’s proposition 209, and its Coverdell Kohl Snowe the Deputy Attorney General. I believe very recent brief defending Mrs. Clin- Craig Kyl Specter D’Amato Landrieu Stevens that one of the Department’s greatest ton’s invocation of a governmental at- Daschle Lautenberg Thomas assets over the past several years has torney client privilege in response to DeWine Leahy Thompson been its former deputy, Jamie independent counsel Starr’s request for Dodd Levin Thurmond Gorelick, who successfully fostered and certain documents. And the FBI Direc- Domenici Lieberman Torricelli Durbin Lott Warner maintained a cooperative, honest, and tor is in the position of refusing to Enzi Lugar Wellstone responsive relationship with this com- brief the White House on national secu- Faircloth Mack mittee. I cannot overestimate how val- rity matters because of its pending in- Feinstein McCain uable this relationship has been in the vestigation. While each of these in- NAYS—12 virtually daily interactions between stances, standing alone, might have a Bumpers Dorgan Hollings the committee and the Department, legitimate explanation, taken together Byrd Feingold Inouye and I am hopeful, and confident, that they create an appearance that politics Cleland Ford Kerrey Eric Holder will, like his predecessor, is influencing what should be a neutral, Conrad Harkin Wyden work closely with the committee to en- independent enforcement of our Na- The nomination was confirmed. sure that the Department maintains tion’s laws. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7689 Public confidence in our legal sys- where he served for the next 5 years. In Hagel Leahy Roth Harkin Levin Santorum tem, and in our Government itself, de- his 5 years on the bench, Judge Holder Hatch Lieberman Sarbanes mands nothing short of this. presided over hundreds of criminal Helms Lott Sessions Mr. Holder has given me his commit- trials. In 1993, President Clinton nomi- Hollings Lugar Shelby ment to maintaining his own independ- nated and the Senate confirmed Eric Hutchinson Mack Smith (NH) ent judgment, and to seeing to it that Hutchison McCain Smith (OR) Holder to the important post of U.S. Inhofe McConnell Snowe the law is fairly and impartially inter- Attorney for the District of Columbia. Inouye Mikulski Specter preted and enforced as it should be, As United States Attorney for one of Jeffords Moseley-Braun Stevens even when doing so may lead to results the largest U.S. Attorney’s offices in Johnson Moynihan Thomas that are not politically expedient. That Kempthorne Murkowski Thompson the Nation, Mr. Holder has supervised Kennedy Murray Thurmond commitment will be as important as 300 lawyers involved in criminal, civil, Kerrey Nickles Torricelli ever for the Department as it faces nu- and appellate cases. He has functioned Kerry Reed Warner merous challenges in the coming years. as both the local district attorney and Kohl Reid Wellstone I believe Mr. Holder will remain true to Kyl Robb Wyden the Federal prosecutor. He has been ac- Landrieu Roberts his word, and urge my colleagues to tive in community affairs. For more Lautenberg Rockefeller support him. than a decade, he has been a member of Mr. LEAHY. Mr. President, I com- The nomination was confirmed. Concerned Black Men, an organization The PRESIDING OFFICER. The mo- mend the President on his nomination seeking to help young people in the tion to reconsider the nomination is of Eric H. Holder, Jr., and am delighted District of Columbia. He is involved in laid on the table. The President will be that the Senate is acting to confirm a number of the group’s activities, in- immediately notified of the Senate’s this nominee to be Deputy Attorney cluding the efficacy program and the confirmation. General of the United States. pregnancy prevention effort. He has It was with concerted effort that participated in the D.C. Street Law f Senator HATCH and I worked to ensure program and is active in the See For- that Eric Holder was reported by the ever Foundation and the National LEGISLATIVE SESSION Judiciary Committee and ready for Foundation for Teaching Entrepreneur- Senate confirmation to the important The PRESIDING OFFICER. The Sen- ship. He is cochair of Project PACT to ate will return to legislative session. position of Deputy Attorney General of reduce youth violence and has been in- the United States before the Senate ad- strumental in the U.S. Attorney’s Of- f journed 3 weeks ago. fice’s outreach efforts to the D.C. com- The President’s nomination of Mr. munity. TREASURY AND GENERAL GOV- Holder to the second highest position In 1994 he received the Pioneer Award at the Department of Justice was re- ERNMENT APPROPRIATIONS ACT, from the National Black Prosecutors 1998 ported to the Senate without a single Association. In 1995 his contributions dissent on June 24. This nomination were recognized when he received The Senate continued the consider- could and should have been approved awards from the District of Columbia ation of the bill. by the Senate before it adjourned for Bar Association, the Greater Washing- Mr. LOTT. Mr. President, I want to the last extended recess for the Fourth ton Urban League, the American Jew- commend the chairman of the Treas- of July. This nomination is strongly ish Congress, and Phi Beta Sigma fra- ury, Postal Service Subcommittee, the supported by Senator HATCH, chairman ternity. Last year he received awards distinguished Senator from Colorado, of the Judiciary Committee. from the D.C. Chapter of the National for the good work he has done today on There was and is no Democratic hold Organization of Black Law Enforce- this legislation and the cooperation he on this nomination. The delay on the ment Executives, George Washington has received from the ranking member, Republican side in considering this University, Columbia College, the Fed- Senator KOHL. I want to thank the nomination remains unexplained. I eration of Citizens Associations of Senate for the work that has been done urged on July 10 and July 11 that he D.C., Omega Psi Phi fraternity, the this week. We have completed four appropria- not be held hostage to other nomina- Brotherhood of Shiloh Men, McDonalds tions bills and we are down to an iden- tions. I am glad we have finally—fi- and the Asian Pacific Bar Association. tifiable, finite list of amendments on nally after 3 weeks—freed this nomina- I look forward to working with him the Treasury, Postal Service bill. It tion. in his new position as Deputy Attorney Eric Holder has proven his dedication has taken cooperation from all the General. I regret the unnecessary to effective law enforcement. As a Senators and a lot of support from the delays that have stalled this important former prosecutor myself, I appreciate leader on the Democratic side of the nomination for the last 3 weeks on the Mr. Holder’s distinguished career in aisle. I think we should commend each Senate Executive Calendar. law enforcement. other when we do good work like this. Shortly after his graduation from Co- The PRESIDING OFFICER. The question is, Will the Senate advise and I appreciate the support we have had. lumbia Law School, Mr. Holder joined In recognition of that, I think rather consent to the nomination of Eric H. the Department of Justice as part of than trying to drive on to conclusion Holder, Jr., of the District of Columbia, the Attorney General’s Honors Pro- tonight and perhaps having votes later to be Deputy Attorney General? On gram. He was assigned to the newly on tonight, we will go forward tonight this question, the yeas and nays have formed public integrity section in 1976, with debate on all remaining amend- been ordered, and the clerk will call where he worked for 12 years inves- ments, and then we will ask unanimous the roll. tigating and prosecuting corruption. consent to stack the votes beginning at The bill clerk called the roll. While at the public integrity section, The result was announced— yeas 100, 5:15 on Monday. Mr. Holder participated in a number of Also, on Monday, we will begin the nays 0, as follows: prosecutions and appeals involving HUD–VA appropriations bill. For those such defendants as the State Treasurer [Rollcall Vote No. 188 Ex.] that are interested, on two other sub- of Florida, a former Ambassador to the YEAS—100 jects, at the request of a number of Dominican Republic, a local judge in Abraham Byrd Dorgan Senators on both sides, so that we can Philadelphia, an assistant U.S. attor- Akaka Campbell Durbin try to continue to see if we can work Allard Chafee Enzi ney in New York City, an FBI agent, Ashcroft Cleland Faircloth out an agreement, we have moved the and a ‘‘capo’’ in an organized crime Baucus Coats Feingold tuna-dolphin issue off until next week. family. He received a number of awards Bennett Cochran Feinstein We hope an agreement can be worked Biden Collins Ford for outstanding performance and spe- Bingaman Conrad Frist out, or a compromise. If it cannot be, cial achievement from the Department Bond Coverdell Glenn we will probably have a cloture vote on of Justice. Boxer Craig Gorton that on Friday of next week. In 1988, President Reagan nominated Breaux D’Amato Graham With regard to FDA reform, we have and the Senate confirmed Mr. Holder Brownback Daschle Gramm a very good bill that was reported from Bryan DeWine Grams to be an associate judge of the Superior Bumpers Dodd Grassley the education-labor committee. Sen- Court of the District of Columbia, Burns Domenici Gregg ator JEFFORDS has been working with S7690 CONGRESSIONAL RECORD — SENATE July 17, 1997 other interested Senators on both sides support for real compromise. We feel Mr. President, I just didn’t want the of the aisle and on both sides of the that it can be compromised. I am very Record to go by without stating my issue. We are hoping that a time agree- hopeful we can work together to re- disagreement with my friend from Ari- ment can be worked out on that. If we solve this. But, if not, we are prepared zona. We have 85 environmental get a time agreement, we will try to to have a showdown on the matter, if groups, including the Sierra Club and take that bill up, perhaps, Tuesday or we have to. the Humane Society, on the side of rea- Wednesday. Mr. LOTT. If I could just say, Mr. sonable compromise. This is an area If we get the unanimous-consent re- President, that I appreciate the sugges- where I don’t have to agree with the quest, there would be no further votes tion that a good compromise could be administration. Sometimes those occa- tonight or Friday. The next recorded worked out. And that is why I have not sions do occur. votes would be at 5:15 on Monday. We forced the issue this week. I originally Senator BIDEN and I teamed up in will resume consideration of the treas- planned to have a cloture vote on Fri- 1990. We passed the Dolphin Protection ury, postal appropriations bill. Earlier day, probably. But there were requests Act. This bill overturns it. Frankly, it today, the managers were able to reach that we not do that both from the Sen- was done in a way that should have an agreement to limit amendments to ator from California and others. brought the parties together in the that bill—first-degree amendments, I I am not interested in trying to make first place. So I think we are doing this believe. Therefore, the Senate will re- an issue here. This is not an issue I am a little bit backwards in the sense that main in session this evening until the directly involved in, although it came the compromise, I think, is going to amendments have been debated. The out of the Commerce Committee, come. votes, then, will be postponed to occur which I serve on. I think it is an impor- By the way, I have no problem with until 5:15 on Monday. tant issue, an important conservation bringing up the bill at any point. We Mr. President, I believe that is all we issue. It is an issue that affects jobs are prepared to do that. So, if you want need to announce at this point, Mr. and fishing areas. Senator DASCHLE and to bring up the cloture vote on the mo- President. So we can go back to the I both have been receiving calls from tion to proceed to the bill, we are pre- Treasury, Postal Service bill. the President of the United States say- pared to do that. But we think we can Mr. STEVENS. Will the Senator ing, please get this legislation up and compromise this. We see Senator JOHN yield for one comment? get it to a conclusion. KERRY now playing a lead role—Sen- So my desire is to try to be helpful Mr. LOTT. Yes. ator BIDEN, I, Senator SMITH, and oth- on this one. At the request of the ad- Mr. STEVENS. Although we will not ers on both sides of the aisle, in a bi- ministration, I am looking for a com- be in session tomorrow, we will have a partisan way, are ready to put forward promise that will allow us to get it markup of a series of bills for the Ap- an excellent compromise. If we get completed in a reasonable period of propriations Committee starting at that, this bill can go through in mo- time. But, if we can’t do that, then we 9:45. ments. Mr. LOTT. And there will also be will just go with the alternative. I yield to the Senator from Arizona. Ms. SNOWE. Mr. President, will the considerable work done tomorrow in The PRESIDING OFFICER. The Sen- Senator yield? the two conferences that are pending, ator from Arizona. Mr. LOTT. Yes. I yield to the Sen- as we communicate between the Con- Mr. McCAIN. If I could just add to ator. gress and administration on that. I that, I say to the majority leader, the The PRESIDING OFFICER. The Sen- don’t believe a unanimous-consent re- fact is that the administration wants ator from Maine. quest is required on this issue, an- this bill. The fact is, this is an 11-na- Ms. SNOWE. Thank you, Mr. Presi- nouncing when the next votes would tion agreement. The fact is, the major- dent. I thank the leader. occur. ity of the environmental community in I would like to comment on this issue Mr. MCCAIN. Is it the majority lead- the United States of America and because I think it is critically impor- er’s intention to get the tuna-dolphin throughout the world, including Green tant, as chair of the Ocean and Fish- bill resolved in one fashion or another? Peace, want this bill. That is why I eries Subcommittee. The fact is, the Mr. LOTT. The Senator may not asked the majority leader, and, because administration has requested that this have heard. I announced that in def- of its importance, we were willing to issue be addressed expeditiously be- erence to the request of a number of debate this issue through until it is cause of the agreement that we have Senators who are trying to work out a done. entered into with 11 other countries. reasonable compromise, we have I believe that it is also important to Second, we attempted to work with pushed that issue off. But it is our in- point out that the majority leader had Senator KERRY and others on the com- tent that if we don’t get a compromise planned on having a cloture vote and mittee for a compromise on this issue. worked out, we would have a cloture debate today. It was at the request of To no avail, I might add. But irrespec- vote on that on Friday of next week. I the ranking Democrat on the Com- tive of that, we incorporated a number want it understood by Senators that we merce Committee, Senator HOLLINGS, of changes in the legislation that were should expect to be in session next Fri- that he delay this for an another entire recommended by Senator KERRY and day. So please don’t be planning on week after many weeks of negotia- others that I think makes substantial leaving Thursday night. tions—fruitless, I might add. And if the progress on the issues that have been Mr. MCCAIN. If the majority leader Senator from California feels that the raised by the Senator from California will yield, I have one further question. way to pursue any issue is through fili- and others. But there is a point at If that cloture vote does not succeed, buster and debate rather than bringing which it contravenes the agreement do we intend to continue to debate the up her amendments and having them that had been reached between the tuna-dolphin issue until its conclusion? voted on and the issue disposed of, that United States and these other coun- Mr. LOTT. That would be my pref- is fine with me. But I strongly support tries. erence. the majority leader in saying that we I hope we will have a chance to re- Mrs. BOXER. Mr. President, will the will debate this issue until it is re- solve these issues and to work on it, Senator yield? solved. It is too important, Mr. Presi- but we have to have good-faith efforts Mr. LOTT. I yield to the Senator dent. on the other side in order to resolve from California. Mr. LOTT. Mr. President, I think these issues without compromising the Mrs. BOXER. I thank the Senator probably at this point I would be well- agreement. very much for yielding to me. advised to yield the floor and let the I should also mention there are a I would like to inform the leader that Senators talk directly to each other. number of environmental conservation I think there is a real great oppor- Mr. President, I yield to the Senator groups that are endorsing this agree- tunity to resolve this problem. Senator from California. ment because they think this is the JOHN KERRY has great interest in it. I The PRESIDING OFFICER. The Sen- best way to protect not only dolphin have been working with Senator SMITH ator from California. and tuna but other species that have and Senator BIDEN, and many other Mrs. BOXER. I thank the Senator been affected because of the status quo Senators. We have some really good very much. and because of the current law. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7691 I should add other methods have af- jority leader and the minority leader The PRESIDING OFFICER. The fected the byproduct of other species to for their cooperation with our commit- clerk will report. the detriment of a significant number tee. The legislative clerk read as follows: of different fish that otherwise will This has been a historic week for the The Senator from Wisconsin [Mr. KOHL], continue to go on in this effort if we do Appropriations Committee. With the for Mr. DASCHLE, proposes an amendment not change it with this agreement. cooperation of my good friend from 933. So I hope that the Senator from Cali- West Virginia, Senator BYRD, and the Mr. KOHL. Mr. President, I ask unan- fornia will work in a good-faith effort chairman of the subcommittees and imous consent that reading of the to reach an agreement on this issue. the ranking members, we will now amendment be dispensed with. Otherwise, it will be lost. complete debate on five separate bills The PRESIDING OFFICER. Without I would also ask the President to in 4 days. They have all passed by sheer objection, it is so ordered. work very vigorously. If he wants this weight of bipartisanship and coopera- The amendment is as follows: legislation to come through, I think he tion and willingness to work together certainly has to work to make sure On page 22, lines 15 and 16, strike ‘‘Not- to work out problems. withstanding any other provision of law,’’ that it does. I am hopeful that we will see the and insert ‘‘Hereafter,’’. Mr. LOTT. Mr. President, we are same thing next week when we again going to have this debate next week, I want to bring before the Senate at Mr. DASCHLE. Mr. President, I presume. least five bills. We will have them would like to thank the chairman of I thank everyone for all of their good ready to go before the Senate next the Subcommittee on Treasury, Gen- efforts. week, and we will try to work them in eral Government, and Civil Service, Please allow me to complete my according with the schedule. Mr. CAMPBELL, and the ranking mem- unanimous-consent request, and then But it is imperative, if we are going ber, Mr. KOHL, for their assistance with we will complete the debate on the to avoid the problem of an enormous this important clarifying amendment Treasury, Postal Service appropria- continuing resolution that we passed in to the fiscal year 1998 Treasury and tions bill. the last Congress, that we get these general government appropriations I want to emphasize this again. The bills to conference before we go off on bill. They and their staffs have done Senate will next consider after this bill the August recess so that the work can excellent work in putting this bill to- the VA–HUD appropriations bill on be done. Not all of the staff will have gether, and they are to be commended Monday, and votes will occur on to stay here for the whole month. But for their leadership. amendments and passage of the treas- we will have them at least ready to go The purpose of this amendment ury, postal bill at 5:15. to conference when we come back. should be clarified for the RECORD. Sec- I ask unanimous consent that all They will be preconferenced during the tion 107 of the bill, as approved by the amendments must be offered and de- period of August, and I think we will Committee on Appropriations, states, bated with respect to the Treasury, avoid any continuing resolution. ‘‘Notwithstanding any other provision Postal Service tonight, and those votes So I am, again, grateful to everyone of law, no field support reorganization then would occur on a case-by-case here. But I hope the Senate itself is of the Internal Revenue Service shall basis at 5:15 on Monday. making history, and it is doing so in be undertaken in Aberdeen, South Da- The PRESIDING OFFICER. Is there really the best spirit I have seen in the kota, until the Internal Revenue Serv- objection? Senate for many years. ice toll-free help phone line assistance Mr. COATS. Mr. President, reserving Mr. CAMPBELL addressed the Chair. program reaches at least an 80 percent the right to object, and I will not ob- The PRESIDING OFFICER. The Sen- service level. The Commissioner shall ject. ator from Colorado. submit to Congress a report and the Mr. LOTT. Good. Mr. CAMPBELL. Mr. President, for GAO shall certify to Congress that the Mr. COATS. I do not want to be over- the benefit of our colleagues, could you 80 percent service level has been met.’’ solicitous here, but I think anybody state the pending business? Identical language was included in ap- watching understands the difficulty of The PRESIDING OFFICER. Amend- propriations legislation approved last the majority leader in trying to sched- ment 921 to the bill, S. 1023. year for fiscal year 1997. ule issues for the Senate to debate. But AMENDMENT NO. 921 It has always been my intention that I just want to say that the majority Mr. CAMPBELL. Mr. President, I call this language be considered permanent leader has gone out of his way to give up amendment 921. unless specifically changed by an act of us a family-friendly schedule and some The PRESIDING OFFICER. That Congress. The obvious intention of certainty in our schedule by the way amendment is pending. Congress in approving this provision is he has scheduled issues, by the way he Mr. CAMPBELL. Mr. President, the that reductions in force should not has scheduled votes with a certainty of underlying first-degree amendment to take place in Aberdeen until South Da- votes and provided Members an oppor- No. 921 has been cleared on both sides, kotans can be assured of being able to tunity to go home and have dinner and I urge its immediate adoption. access assistance from IRS through the with their families, albeit a somewhat The PRESIDING OFFICER. Is there national telephone lines. It has not late dinner, but we are used to late din- further debate? been the intention of Congress that ners. Mr. KOHL. Mr. President, it has been this provision should expire at the end I just think this is an example of the cleared on our side. of the fiscal year for which the funds of difficulty of doing what he is doing. The PRESIDING OFFICER. The this act are being appropriated. To But he is doing a terrific job of it. I ap- question is on agreeing to the amend- make this crystal clear and explicit in preciate that. I might have considered ment. the statute itself, my amendment re- staying in the Senate if I had known it The amendment (No. 921) was agreed places the phrase ‘‘notwithstanding was going to be this family-friendly. to. any other provision of law’’ with the Mr. LOTT. I tried to tell you. Mr. CAMPBELL. Mr. President, I word ‘‘hereafter.’’ As the General Ac- I would be glad to yield to the Sen- move to reconsider the vote by which counting Office states in its publica- ator from Indiana any time. I appre- the amendment was agreed to. tion, Principles of Federal Appropria- ciate his comments. Mr. KOHL. I move to lay that motion tions Law, Second Edition, Volume I, Mr. President, I have a unanimous- on the table. ‘‘A provision contained in an annual consent request. The motion to lay on the table was appropriation act is not to be con- The PRESIDING OFFICER. Without agreed to. strued to be permanent legislation un- objection, it is so ordered. AMENDMENT NO. 933 less the language used therein or the Mr. LOTT. I thank Senator COATS (Purpose: To clarify the limitation on under- nature of the provision makes it clear very much. taking a field support reorganization in that Congress intended it to be perma- I yield the floor. Aberdeen, SD) nent. The presumption can be over- Mr. STEVENS. Mr. President, before Mr. KOHL. I send an amendment to come if the provision uses language in- he leaves, I do want to thank the ma- the desk dicating futurity, such as ‘hereafter.’ ’’ S7692 CONGRESSIONAL RECORD — SENATE July 17, 1997 Mr. President, this legislation en- Ms. COLLINS. Mr. President, first I TREASURY ETHICS WATCHDOG GAVE NO-BID sures that no reorganization of the Ab- express my appreciation to the very CONTRACT TO ASSOCIATE erdeen, South Dakota, IRS office shall able managers of this legislation, Sen- (By John Solomon) take place until the IRS is capable of ator CAMPBELL and Senator KOHL, for WASHINGTON.—Shortly after becoming the providing service on a national level their willingness to accept the amend- Treasury Department’s ethics watchdog, that equates to the high quality serv- ment which has been proposed by my- Valerie Lau arranged a no-bid contract for a longtime acquaintance who had written the ice currently provided in Aberdeen. self, Senator SHELBY and Senator White House recommending her for her job. Again, I wish to thank my colleagues GRASSLEY. Lau’s involvement has prompted a rare for their help and consideration on this Let me just briefly explain the congressional inquiry into a department’s in- issue. amendment and its purpose. spector general, an official whose normal du- Mr. KOHL. Mr. President, this This amendment would prohibit the ties are policing the conduct of others and guarding against waste, fraud and abuse. amendment has been cleared on both inspector general of the Department of sides. I ask for its immediate adoption. Documents obtained by The Associated Treasury from spending any money on Press show that Lau wrote a Treasury con- The PRESIDING OFFICER. Is there consulting contracts, and it would tracting office on Dec. 11, 1994, to select further debate? make a corresponding reduction in the auditor Frank Sato to conduct a manage- Mr. CAMPBELL. The amendment has inspector general’s budget by cutting it ment review study of her office. Sato had been cleared by the majority side, Mr. by $1 million. proposed the study only the day before. President. Lau asked that the contract be a ‘‘sole Let me first make clear that this The PRESIDING OFFICER. The source procurement,’’ not to be competi- amendment is not intended to affect in question is on agreeing to the amend- tively bid because of an ‘‘unusual and com- any way any audit, inspection, inves- ment of the Senator from North Da- pelling urgency’’ for the review, the docu- tigation or law enforcement function of ments state. kota. Treasury quickly approved a $113,000 con- The amendment (No. 933) was agreed the Inspector General’s Office. The re- duction proposed in my amendment is tract for Sato & Associates. The firm ulti- to. mately was paid $90,776, the documents show. Mr. KOHL. Mr. President, I move to intended to be taken from administra- A year earlier, Sato had written the White reconsider the vote by which the tive expenses, specifically the budget House personnel office to recommend Lau amendment was agreed to. classification called ‘‘Other services,’’ ‘‘very highly’’ for an inspector general’s job, Mr. CAMPBELL. I move to lay that which is funded in the President’s saying he had known her since 1980 and found motion on the table. budget at $2.4 million. My amendment her to be ‘‘a uniquely qualified person with would leave $1.4 million available for high integrity and character.’’ The motion to lay on the table was Treasury officials say Sato was chosen for agreed to. that classification. the contract because he was a former federal AMENDMENT NO. 934 I am offering this amendment today inspector general ‘‘uniquely qualified’’ to re- Mr. CAMPBELL. Mr. President, I because there is clear, disturbing and view Lau’s office and make recommenda- send an amendment to the desk. credible evidence that the incumbent tions to make it more efficient. The PRESIDING OFFICER. The inspector general has abused her con- The disclosure marks the second time in a tracting authority by spending tax- week that Lau’s conduct has come under clerk will report. scrutiny. Last Thursday, she admitted she The legislative clerk read as follows: payer dollars on management studies gave inaccurate testimony to Congress but The Senator from Colorado [Mr. CAMP- of questionable value and of excessive blamed the error on bad information from BELL], for Ms. COLLINS, for herself, Mr. SHEL- cost. her staff. BY, and Mr. GRASSLEY, proposes an amend- For example, in April of this year, Congressional investigators are reviewing ment numbered 934. press accounts revealed that the in- the Sato contract. Mr. CAMPBELL. Mr. President, I ask spector general had let a soul-source ‘‘At best, in this case, there is an appear- ance of impropriety that undermines the unanimous consent that reading of the contract for a management study of public confidence in this IG. This watchdog amendment be dispensed with. her office. This $90,000 contract was needs to be watched,’’ said Sen. Charles The PRESIDING OFFICER. Without awarded without the benefit of fair and Grassley, R–Iowa, chairman of one the Sen- objection, it is so ordered. open competition, and it was awarded ate’s investigative subcommittees. The amendment is as follows: to a friend of hers, someone who had in Lau refused to be interviewed. But in writ- On page 5, line 5, strike ‘‘$30,719,000’’ and fact recommended her for the position ten answers to Congress, she acknowledged insert in lieu thereof, ‘‘$29,719,000’’. of inspector general. she developed ‘‘professional acquaintances’’ On page 39 after line 2, insert the following with Sato and another partner in his firm new section: Mr. President, I have personally re- over the years as they served as government SEC. 121. None of the funds made available viewed the final product of this con- auditors. by this Act may be used by the Inspector tract. It is a 20-page report costing tax- She did not mention Sato’s letter of rec- General to contract for advisory and assist- payers $4,500 per page. ommendation to the White House. Treasury ance services that has the meaning given Another example of questionable ac- spokesman Howard Schloss said Lau was such term in section 1105(g) of Title 31, Unit- aware of the letter but had not solicited it. ed States Code. tivity occurred in September of 1995 Federal ethics regulations advise employ- when the inspector general awarded an- Mr. CAMPBELL. Mr. President, the ees to avoid actions that ‘‘give rise to an ap- other contract, again without full and amendment has been cleared by our pearance of * * * giving preferential treat- open competition, for $85,000 that sub- ment’’ to someone with whom they have an side. We ask for its immediate adop- sequently ballooned to cost more than outside relationship. tion. $300,000. My amendment would curtail The regulations advise that ‘‘an employee Mr. KOHL. The amendment has been these kinds of abuses in contracting by whose duties would affect the financial in- cleared on our side also. terests of a friend, relative or person with limiting the amount of funds available The PRESIDING OFFICER. Without whom he is affiliated with in a nongovern- objection, the amendment is agreed to. for this purpose and by prohibiting the mental capacity’’ should consult with a third The amendment (No. 934) was agreed inspector general from spending money party to avoid the appearance of a conflict to. on consulting services. In the mean- that would make a ‘‘reasonable person’’ time, without prejudging the ultimate question their impartiality. Mr. CAMPBELL. Mr. President, I Lau told Congress she chose Sato’s firm be- move to reconsider the vote by which outcome, the permanent subcommittee on investigations, of which I am the cause she knew he and his associated had the amendment was agreed to. ‘‘unique qualifications’’ as former inspectors Mr. KOHL. I move to lay that motion Chair, will continue its in-depth inves- general to provide ‘‘expertise in the area of on the table. tigation into the contracting practices audit, investigations and managing’’ her of- The motion to lay on the table was of this office. fice. agreed to. I ask unanimous consent to have Treasury officials could not immediately Mr. CAMPBELL. Mr. President, at printed in the RECORD several news- answer whether Lau consulted a third party, this time I would like to yield some paper reports documenting these con- disclosed her outside relationship with Sato tracting abuses. or reviewed the ethics rules before proceed- time to Senator COLLINS, who would ing with the contract. like to speak on the amendment. There being no objection, the articles Sato worked for almost a decade as an in- The PRESIDING OFFICER. The Sen- were ordered to be printed in the spector general at two different federal de- ator from Maine is recognized. RECORD, as follows: partments, then as an auditor at the July 17, 1997 CONGRESSIONAL RECORD — SENATE S7693 Deloitte & Touche accounting firm before tigated the Reagan-era scandals at the De- ful audits and investigations,’’ according to starting his own business. He did not return partment of Housing and Urban Develop- the memo. ‘‘It is widely perceived that we a message left at his home Friday. ment. avoid controversial areas and political issues In his May 1993 letter recommending Lau, The year before Sato received the contract, that would require the IG to take a strong he told the White House he had known Lau he wrote a letter to a White House personnel stand on certain issues.’’ since 1980 and worked with her ‘‘on both pro- official urging that Lau be considered for in- The document was also given to an FBI in- fessional accounting/financial management spector general jobs at Treasury, the Trans- vestigator associated with the Council on In- and Asian American issues.’’ portation Department or the Office of Per- tegrity and Efficiency. That agent declined ‘‘I have found her to not only be a top pro- sonnel Management. to comment on the memo or disclose wheth- fessional, but a kind of person you enjoy Sato said he had known Lau since 1980, er an inquiry is under way. working with,’’ he wrote. when she worked for the General Accounting The apparent lack of action at the agency Lau, a former congressional auditor, was Office, the congressional watchdog agency, in the wake of the memo has caught the at- appointed the following year to Treasury in- in San Francisco, Sato described Lau as a tention of Sen. Charles E. Grassley, Iowa Re- spector general, among positions Sato rec- ‘‘top professional’’ with ‘‘high integrity and publican and a member of the Senate Judici- ommended to presidential personnel. character.’’ ary Committee. She began the job in late 1994. Documents In Lau’s prepared testimony submitted for Mr. Grassley plans to prod the FBI for an show she began inquiring in early December her Senate confirmation hearing, she praised update on the Lau memo, his office said on about the possibility of a management re- Sato as one of the government’s first inspec- Friday. view study, and on Dec. 10 received a formal tor generals who set high standards for the The Jan. 15 memo said Miss Lau: proposal from Sato. watch-dog positions created Congress in 1978. Used more than $200,000 worth of employee The next day she wrote the contracting of- Grassley made his request for a review of time and travel resources to develop a ‘‘mis- fice recommending Sato for the contract. the Sato contract in a letter to Robert M. sion vision, value statement’’ for her office. ‘‘Please let me know what I need to provide Bryant, who heads the FBI’s Criminal Inves- The value statement ultimately said the next,’’ Lau scribbled in the handwritten tigative Division. mission of the inspector general’s office is to note. The letter was addressed to Bryant in his ‘‘conduct independent audits, investigations On Dec. 12, Lau submitted a formal con- role as chairman of the Integrity Committee, and reviews’’ that help ‘‘promote economy, tract proposal. Documents show it borrowed the arm of the President’s Council on Integ- efficiency and effectiveness, and prevent and much of the language from the plan Sato had rity and Efficiency that handles allegations detect fraud and abuse.’’ sent her just two days earlier. of misconduct against inspector generals. If Hired an outside consulting firm called the Integrity Committee decides an allega- KLS to address problems with diversity and [From the Washington Post, Apr. 24, 1997] tion warrants investigation, it turns the employee morale. SENATOR SEEKS PROBE OF TREASURY OFFI- probe over to the Justice Department. A Treasury official said Friday that CIAL—AT ISSUE IS NO-BID CONTRACT Grassely said no-bid contracts ‘‘are usually $292,076 had been spent to date on the two- AWARDED TO LONGTIME ACQUAINTANCE reserved for matters of ‘unusual and compel- year contract, out of a possible $343,650. The contract runs through September. (By Stephen Barr and Clay Chandler) ling urgency.’ This contract clearly was nei- ther unusual nor urgent.’’ He asked Bryant Steered a sole-source management con- The chairman of a Senate panel on govern- to determine whether the awarding of the tract worth $90,776 to a firm owned by Frank ment oversight yesterday requested an in- contract violated any laws regulations or Sato, a former inspector general and long- quiry into allegations that Treasury Depart- ethics codes. time acquaintance of Miss Lau’s who wrote ment Inspector General Valerie Lau ar- Sato did not return telephone calls seeking the White House to recommend her for her ranged to award a no-bid contract to a long- comment. The Treasury official said Lau had current post. time acquaintance who had recommended already referred the contract issue to the In- Made frequent trips to the West Coast, pur- that she be hired for her job. tegrity Committee for review. portedly for business, but widely perceived Sen. Charles E. Grassley (R-Iowa), Chair- by employees as chances to visit her family man of the Judiciary Committee’s sub- [From the Washington Times, Apr. 28, 1997] in the San Francisco area, ‘‘at a time when committee on administrative oversight and TREASURY MEMO CAUTIONED RUBIN ON LAU’S the agency was strapped for travel funds.’’ the courts, made the request, saying that if PROBLEMS Since the Jan. 15 memo, subsequent memos the allegations were true, ‘‘the IG’s action provided to the FBI reported that * * * ques- raises appearance questions of preferential (By Ruth Larson) tionable behavior. treatment and a quid pro quo.’’ Treasury Secretary Robert E. Rubin and At a February 1996 meeting, for example, A Treasury official, who asked not to be the FBI were notified more than three an employee complained that morale was identified said the contract was awarded on months ago about serious ethics problems in- suffering and there was ‘‘not enough merit, Lau was seeking a speedy review of volving Treasury Department Inspector Gen- warmth’’ in the agency. her office to improve its ability to conduct a eral Valerie Lau, Treasury sources say. ‘‘Ms. Lau then responded by saying she department-wide audit, a crucial part of a Treasury Department spokesman Howard would show him some ‘warmth,’ and she pro- government-wide financial audit mandated Schloss said he believed the Jan. 15 internal ceeded to physically sit in [the employee’s] by Congress, the official said. memo, a copy of which was obtained last lap, placed her arms round him, and gave Within weeks after her 1994 Senate con- week by The Washington Times, was referred him a big hug,’’ one memo said. firmation, Lau selected Frank S. Sato, an to the President’s Council on Integrity and Employees said one incident where Miss auditor and former inspector general, to con- Efficiency, which oversees performance of in- Lau failed to investigate forcefully came duct a management study of her office and spectors general from various Cabinet de- when she refused to allow her IRS Oversight its operations, Treasury Department docu- partments. Audit staff to investigate problems with the ments released by Grassley’s office show, ‘‘It’s my understanding that nothing’s been IRS’ computer upgrade and reports of wide- Lau’s office is responsible for preventing done on this matter,’’ said Mr. Schloss, who spread employee browsing through celebrity waste, fraud and abuse in the department. declined further comment on the pace of the tax returns. Lau told Treasury procurement officials on inquiry or the allegations against Miss Lau. In fact, since Miss Lau took over the office Dec. 7, 1994, that she had ‘‘identified an im- Questions for Miss Lau were directed to Mr. in October 1994, funds recovered have mediate need’’ for a management study. Schloss. dropped from $201 million in fiscal 1994 to Three days later, in a letter to Lau, Sato Titled ‘‘Mismanagement and Abuse of $25.9 million in fiscal 1996. outlined his proposal for the study. Power,’’ the four-page memorandum deliv- The number of audit reports issued has The next day, Dec. 11, Lau recommended ered to Mr. Rubin’s office detailed question- dropped as well, from 158 reports in 1994 to Sato for the job in a handwritten note. In able travel, contracting and administrative 106 in 1996. documents attached to the note and in a sub- expenses in the inspector general’s office Miss Lau has told Congress that the lower sequent memo to procurement officials, Lau under Miss Lau’s management. numbers are due to auditors’ efforts to com- indicated that the contract would be award- ‘‘We are supposed to be independent and ply with new federal guidelines. ed without competitive bids and for a fixed detect waste, fraud and abuse,’’ the memo Meanwhile, in an effort to boost employee price. reads. ‘‘We are not supposed to be practicing morale, Miss Lau hired the consulting firm Treasury officials approved $113,000 for the waste, fraud, and abuse.’’ KLS in September 1995. contract and eventually paid $90,776 to Sato The memo also questioned the inspector In a written response to a House panel’s & Associates, a Treasury spokesman said. general’s willingness to tackle difficult or questions, Miss Lau said: ‘‘The sensitivity of In his contract proposal, Sato listed his sensitive audits and investigations of some identified diversity issues and perceived in- qualifications, including experience as in- of the government’s most critical agencies. ternal problems was such that an objective, spector general at the Veterans Administra- Miss Lau’s jurisdiction includes the Internal outside source was desirable.’’ tion (now the Department of Veterans Af- Revenue Service, the U.S. Secret Service, The KLS contract was awarded using fairs) and Transportation Department during and the Bureau of Alcohol, Tobacco and ‘‘other than full and open competition’’ be- the 1980s. Sato said his ‘‘project team’’ would Firearms. cause ‘‘the agency’s need is of such unusual include at least one other former inspector The inspector general’s office ‘‘avoids at and compelling urgency that it precludes general, Charles L. Dempsey, who inves- all costs conducting hard-hitting, meaning- competition,’’ she wrote. S7694 CONGRESSIONAL RECORD — SENATE July 17, 1997 Employees say the scope of $344,000 con- ‘‘While those of us who know you well have of this amendment, the youth gun tract has been amended since the original no question concerning your effort and in- crime initiative amendment. award and now includes revamping the of- tentions, it would be helpful for your report The PRESIDING OFFICER. Without fice’s employee performance. to lay out exactly how your investigation objection, it is so ordered. was conducted,’’ Summers wrote. AMENDMENT NO. 936 [From U.S. News, July 2, 1997] Among the basic information he cited as (Purpose: To prohibit the use of funds to pay TREASURY IG WORKED FOR DEMOCRATS missing: identifying which witnesses were for an abortion or to pay for the adminis- (By John Solomon) interviewed describing efforts made to col- lect documents, photographs and other evi- trative expenses in connection with certain WASHINGTON.—The Treasury Department’s dence. health plans that provide coverage for ethics watchdog, already under scrutiny for ‘‘In sum, it would seem advisable to de- abortions) a no-bid contract to an associate, authorized scribe all of the investigative techniques Mr. CAMPBELL. Mr. President, I skipping normal competitive bidding proce- your office used or elected not to use in con- send an amendment to the desk on be- dures for a second consulting contract, offi- ducting this information,’’ Summers wrote. half of Senator DEWINE and ask for its cial say. Assistant Treasury Secretary Howard With Congress beginning to investigate immediate consideration. Schloss said Summers’ letter was simply de- The PRESIDING OFFICER. The contracting by the office of Treasury Inspec- signed to reinforce that ‘‘the report be as tor General Valerie Lau, documents and clerk will report. clear as possible.’’ The assistant legislative clerk read interviews also shed new light on Lau’s Schloss also confirmed that just before she background and her office’s work. For in- was hired by the Clinton administration, as follows: stance, Lau: Lau volunteered in 1993 to work as a ‘‘career The Senator from Colorado [Mr. CAMP- Was given an opportunity to apply for a consultant’’ at the Democratic National BELL], for Mr. DEWINE, proposes an amend- Clinton administration job in 1993 while Committee in Washington. ment numbered 936. working as a consultant for the Democratic Schloss said Lau a professional auditor Mr. CAMPBELL. Mr. President, I ask Party. Inspectors general, though appointed who also has a master’s degree in career de- by the president, by law are designed to be unanimous consent that the amend- velopment, produced a series of jobs search ment not be read at length. politically independent. strategy workshops for the DNC. Was instructed by the No. 2 Treasury De- The PRESIDING OFFICER. Without partment official to rewrite one of the most Ms. COLLINS. Mr. President, it is objection, it is so ordered. high-profile reports of her tenure—the inves- particularly troubling to uncover these The amendment is as follows: tigation into law enforcement’s attendance apparent contracting abuses in the Of- At the end of title VI, insert the following: at racist, drunken Good Ol’ Boys Roundups— fice of the Inspector General, the very SEC. . No funds appropriated by this Act because it lacked basic investigatory infor- official who is supposed to be the shall be available to pay for an abortion, or mation. watchdog against waste, fraud, and the administrative expenses in connection The scrutiny of Lau’s office is an unusual abuse in Federal departments. with any health plan under the Federal em- twist for a watchdog normally charged with ployees health benefit program which pro- policing against waste, fraud and abuse Again, I thank the floor managers of vides any benefits or coverage for abortions. throughout the Treasury Department. this bill for their cooperation, and I ap- SEC. . The provision of section lll Lau declined to be interviewed, but her of- preciate their support of this amend- shall not apply where the life of the mother fice provided written answers to questions ment. would be endangered if the fetus were carried posed by The Associated Press. I yield the floor. to term, or the pregnancy is the result of an The AP reported last month that shortly Mr. KOHL addressed the Chair. act of rape or incest. after taking over as IG in late 1994, Lau ap- The PRESIDING OFFICER. The Sen- Mr. CAMPBELL. This amendment proved a $90,000 no-bid, sole-source manage- ator from Wisconsin. has been cleared by both sides, but ment review contract to an associate who there will be a rollcall vote. And I ask has written the White House recommending AMENDMENT NO. 935 her for the job. Mr. KOHL. I send an amendment to for the yeas and nays on behalf of Sen- Documents show Lau approved the sole- the desk and ask for its immediate con- ator DEWINE. source contract to Sato & Associates on the sideration. The PRESIDING OFFICER. Is there a grounds that the government would be ‘‘seri- The PRESIDING OFFICER. The sufficient second? ously injured’’ if the contract was put up for There appears to be a sufficient sec- clerk will report. bidding. ond. Officials say that in 1995, Lau’s office again The assistant legislative clerk read The yeas and nays were ordered. as follows. approved skipping competitive bidding pro- AMENDMENT NO. 932 cedures to hire a consultant to boost morale The Senator from Wisconsin [Mr. KOHL] (Purpose: To remove computer games from among workers. proposes an amendment numbered 935. government computers) Lau’s office says it approved the $271,000 Mr. KOHL. Mr. President, I ask unan- contract to the consulting firm KLS under a Mr. CAMPBELL. Mr. President, at legal provision that permits ‘‘other than full imous consent that reading of the this time I would like to yield the floor and open competition when the agency’s amendment be dispensed with. for Senator FAIRCLOTH. need is such unusual and compelling ur- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- gency.’’ objection, it is so ordered. ator from North Carolina. The IG office said it skipped the bidding The amendment is as follows: Mr. FAIRCLOTH. I thank the Chair. ‘‘to prevent deterioration in workforce effec- On page 12, line 2, strike $472,490,000 and in- I call up amendment No. 932 which is tiveness’ and because a survey it conducted sert in lieu thereof $473,490,000, of which cosponsored by Senator SHELBY, Sen- ‘‘suggested a prompt response was nec- $1,000,000 may be used for the youth gun ator HAGEL, and myself. essary’’ to low worker morale. crime initiative. The Senate Permanent Subcommittee on The PRESIDING OFFICER. The Investigations is investigating a variety of Mr. KOHL. Mr. President, I ask that clerk will report. issues surrounding Lau’s office, including the amendment be adopted. The assistant legislative clerk read the noncompetitive contracts and the per- The PRESIDING OFFICER. Is there as follows: formance of her office. further debate on the amendment? The Senator from North Carolina [Mr. ‘‘I consider the allegations surrounding the Mr. CAMPBELL. The amendment has FAIRCLOTH], for himself, Mr. SHELBY and Mr. Treasury Department’s inspector general to been cleared by our side. HAGEL, proposes an amendment numbered be very troubling,’’ Sen. Susan M. Collins, R- 932. Maine, said. The PRESIDING OFFICER. Without objection, the amendment is agreed to. Mr. FAIRCLOTH. Mr. President, I In a January 1996 memo, Deputy Treasury ask unanimous consent that reading of Secretary Lawrence Summers wrote Lau The amendment (No. 935) was agreed that her original report into Treasury to. the amendment be dispensed with. agents’ participation in the controversial Mr. KOHL. Mr. President, I move to The PRESIDING OFFICER. Without Good Ol’Boys Roundups was lacking key in- reconsider the vote. objection, it is so ordered. formation. Mr. CAMPBELL. I move to lay that The amendment is as follows: ‘‘I am very concerned that the report be motion on the table. Insert at the appropriate section. maximally credible in all respects,’’ Sum- SEC. PROHIBITION OF COMPUTER GAME PRO- mers wrote. The motion to lay on the table was GRAMS.— ‘‘Specifically it should be evident on the agreed to. (1) DEFINITIONS.—In this section, ‘‘agency’’ face of the report that your investigation Mr. KOHL. Mr. President, Senator means agency as defined under section 105 of was thorough and uncompromising. DURBIN wants to go on as a cosponsor title 5, United States Code; July 17, 1997 CONGRESSIONAL RECORD — SENATE S7695 (2) REMOVAL OF EXISTING COMPUTER GAME to provide games and ability to pass Mr. CAMPBELL. Mr. President, I PROGRAMS.—Not later than 180 days after the time while Federal employees are suggest the absence of a quorum. date of enactment of this Act, the head of drawing wages. However, many of these The PRESIDING OFFICER. The each agency shall take such actions as nec- computers are delivered already clerk will call the roll. essary to remove any computer program not The assistant legislative clerk pro- required for the official of the agency from equipped with so-called games which any agency computer equipment. reduce workers’ efficiency and produc- ceeded to call the roll. (3) PROHIBITION OF INSTALLATION OF COM- tivity. This legislation would prohibit Mr. KOHL. Mr. President, I ask unan- PUTER GAME PROGRAMS.—The head of each the Federal Government from purchas- imous consent that the order for the agency shall prohibit the installation of any ing computers with preloaded game quorum call be rescinded. computer game program not required for the programs. These games, of course, do The PRESIDING OFFICER. Without official business of the agency into any agen- nothing but decrease productivity. objection, it is so ordered. cy computer equipment. In fact, a private sector survey found AMENDMENT NO. 937 (4) PROHIBITION OF AGENCY ACCEPTANCE OF that workers spent an average of 51⁄2 (Purpose: To strike restrictions on current COMPUTER EQUIPMENT WITH COMPUTER GAME hours per week playing computer authorities under the National Energy PROGRAMS.— Conservation Policy Act) (a) Title III of the Federal Property and games and other nonrelated tasks re- Administrative Services Act of 1949 is lated to computer games. This trans- Mr. KOHL. Mr. President, on behalf amended by adding at the end the following: lates into an annual loss of $10 billion of Senator BINGAMAN, I send an amend- ‘‘SEC. 317. RESTRICTIONS ON CERTAIN INFORMA- in productivity. ment to the desk and ask for its imme- TION TECHNOLOGY. Clearly, these games do not stay on diate consideration. ‘‘(a) DEFINITION.—In this section the term the computers and go unused. In fact, The PRESIDING OFFICER. The ‘information technology’ has the meaning many of the games now come equipped clerk will report. given such term under section 5002(3) of the with a ‘‘boss key’’ which is a device The assistant legislative clerk read Clinger-Cohen Act of 1996 (40 U.S.C. 1401). that lets a worker strike a single key as follows: ‘‘(b) IN GENERAL.—The head of an executive and transform the computer scene from The Senator from Wisconsin [Mr. KOHL], agency may not accept delivery of informa- for Mr. BINGAMAN, proposes an amendment tion technology that is loaded with game a game to a spread sheet, a false spread numbered 937. programs not required for an official purpose sheet but a spread sheet. The soul pur- under the terms of the contract under which pose of the device is to hide unproduc- Mr. KOHL. Mr. President, I ask unan- information technology is delivered. tive behavior from supervisors. If you imous consent that reading of the ‘‘(c) WAIVER.—The head of an executive are playing the game and you suspect amendment be dispensed with. agency may waive the application of this that anybody is coming, you just hit a The PRESIDING OFFICER. Without section with respect to any particular pro- key and it looks like you are working. objection, it is so ordered. curement of information technology, if the There is no reason for the Federal The amendment is as follows: head of the agency—— Government to buy computers with On page 92, strike lines 6 through 16. ‘‘(1) conducts a cost-benefit analysis and determines that the costs of compliance with programs designed to divert employees’ Mr. MURKOWSKI. Mr. President, I this section outweighs the benefits of com- attention from their jobs. This is just rise in support of amendment from the pliance; and simply common sense. Senator from New Mexico to strike sec- ‘‘(2) submits a certification of such deter- My amendment does provide a waiver tion 630 of this legislation. The provi- mination, with supporting documentation to in cases where a cost-benefit analysis sion that would be stricken by the the Congress.’’. finds it is more costly to purchase new amendment addresses substantive is- (b) The table of contents in section 2(b) of computer equipment without games the Federal Property and Administrative sues regarding the energy efficiency re- than with them. But these cost-benefit quirements that apply to Federal agen- Services Act of 1949 is amended by inserting reports must be transmitted to the after the item relating to section 316 the fol- cies under the Energy Policy Act of lowing: ‘‘Sec. 317. Restrictions on certain in- Congress. I think it is a reasonable 1992. The requirements addressed by formation technology.’’. safeguard for the unusual cases that this provision are complex and, along (c) The amendments made by this section cannot be anticipated by the Congress. with many, if not all, of the energy ef- shall take effect 180 days after the date of This is something that has already ficiency provisions of EPAct, have re- enactment of this Act. been done in selected Government sulted in quite a bit of controversy dur- Mr. FAIRCLOTH. Mr. President, I agencies. Governor George Allen of ing their implementation. As chairman rise to offer an amendment that re- Virginia and former Labor Secretary of the Energy Committee, I intend to quires all Federal agencies to remove Robert Reich ordered workers to delete investigate these issues thoroughly and computer games from Government these game programs from their com- address them legislatively, as appro- computers. puters. I commend them for the action. priate. On June 9 of this year, I introduced It is time to implement such a policy I believe that the supporters of sec- S. 885, the Responsive Government Act, throughout the Federal Government. tion 630 have raised a legitimate con- together with Senators HAGEL, SHELBY, I thank the chairman for accepting cern that will probably require a legis- STEVENS, and HUTCHINSON of Arkansas. this amendment. I understand it has lative resolution. However, as I noted, The Responsive Government Act in- been accepted by the managers of the these issues are very complex, and cludes several provisions to help re- bill on both sides, and I very much ap- within the jurisdiction of the Commit- store the confidence of the American preciate the support and help of Sen- tee on Energy and Natural Resources. people in the Federal Government. One ator CAMPBELL and Senator KOHL. The scope of this section is very broad Mr. President, I yield any remaining of its provisions concerns the use of and its full impact is unknown at this computer games on Government com- time. Mr. CAMPBELL. Mr. President, the time. Its impact on existing contracts puters. I am again offering it today. majority has no objection to this is unclear, and it may, in fact, prohibit It is absolutely ludicrous that the amendment. some activities that are appropriate taxpayers are paying people to play Mr. KOHL. The minority accepts it and beneficial to the American tax- computer games. The computers are also. payer. We simply have not had the op- bought and paid for by the American The PRESIDING OFFICER. The portunity for the Energy Committee to taxpayers for work and not for fun, and question is on agreeing to the amend- evaluate this language and assess all of they are footing the bill for the job, the ment. Without objection, the amend- its implications, as it should. As such, office and everything. To be using it ment is agreed to. I must object to their resolution in this for pleasure is simply not in keeping The amendment (No. 932) was agreed piece of legislation on procedural with the way we should be running the to. grounds and would ask that my name Government. Mr. CAMPBELL. Mr. President, I be added as co-sponsor of the Bingaman The Federal Government did spend move to reconsider the vote. amendment. close to $20 billion last year on com- Mr. KOHL. I move to lay that motion Mr. KOHL. I ask to have the amend- puters, equipment and support serv- on the table. ment laid aside until Monday. ices. These systems are designed and The motion to lay on the table was Mr. STEVENS. I object. I wish to dis- purchased to increase productivity, not agreed to. cuss the amendment tonight. S7696 CONGRESSIONAL RECORD — SENATE July 17, 1997 The PRESIDING OFFICER. The Sen- which requires and—prevents the use of shall provide that the contractor is respon- ator from Alaska. funds under this bill for those activi- sible for maintenance and repair services for Mr. STEVENS. The amendment of ties unless they follow the law regard- any energy related equipment, including computer software systems. the Senator from New Mexico would ing competitive procurement practices. (B) Aggregate annual payments by an eliminate from the bill a provision that I know Senator BINGAMAN will have a agency to both utilities and energy savings I requested be inserted because of a minute when he comes on Monday. I performance contractors, under an energy conference I had with a former staff wanted to take this time now to ex- savings performance contract, may not ex- member of the Commerce Committee, plain it. ceed the amount that the agency would have as a matter of fact. He pointed out to I ask unanimous consent we have paid for utilities without an energy savings me that the basic law, the National En- printed in the RECORD at this point the performance contract (as estimated through ergy Conservation Policy Act, requires relevant provisions of the National En- the procedures developed pursuant to this ergy Conservation Policy Act, Section section) during contract years. The contract the competitive process. shall provide for a guarantee of savings to According to the Office of Tech- 201 of the Federal Property Adminis- the agency, and shall establish payment nology Assessment, Federal agencies trative Services Act, which is what we schedules reflecting such guarantee, taking spent about $4 billion annually on require. into account any capital costs under the con- power, light, water and other utility There being no objection, the mate- tract. bills, and that that could be cut by 25 rial was ordered to be printed in the (C) Federal agencies may incur obligations percent, about $1 billion a year, if we RECORD, as follows: pursuant to such contracts to finance energy required agencies to improve energy ef- conservation measures provided guaranteed EXCERPTS FROM THE NATIONAL ENERGY savings exceed the debt service require- ficiency. That led to this new law. CONSERVATION POLICY ACT ments. Our provision does not call for new SEC. 8259. Definitions. (D) A Federal agency may enter into a funding. It does not change existing multiyear contract under this subchapter for law. It restricts the use of appropriated * * * * * a period not to exceed 25 years, without (4) the term ‘‘energy conservation meas- funds unless procurements are made funding of cancellation charges before can- ures’’ means measures that are applied to a cellation, if— through the competitive process. The Federal building that improve energy effi- language in the bill that I requested ef- (i) such contract was awarded in a com- ciency and are life cycle cost effective and petitive manner pursuant to subsection (b(2) fects no change in that law, the exist- that involve energy conservation, cogenera- of this section, using procedures and meth- ing law. The existing law does require tion facilities, renewable energy sources, im- ods established under this subchapter; a full competitive procurement to be provements in operations and maintenance (ii) funds are available and adequate for used by Federal agencies to obtain en- efficiencies, or retrofit activities; payment of the costs of such contract for the ergy-efficient goods and services. It is * * * * * first fiscal year; within the jurisdiction of our Appro- SEC. 8251. Findings. (iii) 30 days before the award of any such priations Committee. It is primarily The Congress finds that— contract that contains a clause setting forth (1) the Federal Government is the largest a cancellation ceiling in excess of $750,000, because it limits the expenditure of the head of such agency gives written notifi- funds. Our language really does no single energy consumer in the Nation; (2) the cost of meeting the Federal Govern- cation of such proposed contract and of the more than direct Federal agencies to ment’s energy requirement is substantial; proposed cancellation ceiling for such con- abide by the law, to follow the law (3) there are significant opportunities in tract to the appropriate authorizing and ap- which requires specific procurement the Federal Government to conserve and propriating committees of the Congress; and procedures. It will not disrupt any ex- make more efficient use of energy through (iv) such contract is governed by part 17.1 isting contracts. It will not prohibit improved operations and maintenance, the of the Federal Acquisition Regulation pro- any utility or nonutility provider of use of new energy efficient technologies, and mulgated under section 421 of Title 41 or the applicable rules promulgated under this sub- energy-efficient services from compet- the application and achievement of energy efficient design and construction; chapter. ing for Federal contracts. It simply di- (4) Federal energy conservation measures (b) Implementation. rects the Federal agencies to use the can be financed at little or no cost to the (1)(A) The Secretary, with the concurrence competitive process for procuring serv- Federal Government by using private invest- of the Federal Acquisition Regulatory Coun- ices for all energy efficiency providers ment capital made available through con- cil established under section 421(a) of Title as current law directs. tracts authorized by subchapter VII of this 41, not later than 180 days after October 24, Mr. President, my problem with chapter; and 1992, shall, by rule, establish appropriate pro- (5) an increase in energy efficiency by the cedures and methods for use by Federal striking it is it will mean that we will agencies to select, monitor, and terminate continue to not receive the savings Federal Government would benefit the Na- tion by reducing the cost of government, re- contracts with energy service contractors in that we are supposed to receive as a re- ducing national dependence on foreign en- accordance with laws governing Federal pro- sult of the basic law of the land which ergy resources, and demonstrating the bene- curement that will achieve the intent of this is the Energy Conservation Policy Act. fits of greater energy efficiency to the Na- section in a cost-effective manner. In devel- I do believe that this is a law which tion. oping such procedures and methods, the Sec- retary, with the concurrence of the Federal ought to be pursued. I call the Senate’s * * * * * attention to that act, which is basi- Acquisition Regulatory Council, shall deter- SEC. 8287. Authority to enter into con- mine which existing regulations are incon- cally the 1978 act. It has been improved tracts. sistent with the intent of this section and on several times since that time. (a) In general. shall formulate substitute regulations con- I might say, the person who talked to (1) The head of a Federal agency may enter sistent with laws governing Federal procure- me was part of the staff at the time into contracts under this subchapter solely ment. that basic law was devised, and pointed for the purpose of achieving energy savings (B) The procedures and methods estab- out to me how it has not been enforced. and benefits ancillary to that purpose. Each lished pursuant to subparagraph (A) shall be such contract may, notwithstanding any What we are talking about is basically the procedures and contracting methods for other provision of law, be for a period not to selection, by an agency, of a contractor to the provision that is required under exceed 25 years. Such contract shall provide provide energy savings performance services. Section 551(4) of Title I of the National that the contractor shall incur costs of im- Such procedures and methods shall provide Energy Conservation Policy Act which plementing energy savings measures, includ- for the calculation of energy savings based basically says this: ing at least the costs (if any) incurred in on sound engineering and financial practices. The term ‘‘energy conservation measures’’ making energy audits, acquiring and install- (2) The procedures and methods established means measures that are applied to a Fed- ing equipment, and training personnel, in ex- pursuant to paragraph (1)(A) shall— eral building that improve energy efficiency change for a share of any energy savings di- (A) allow the Secretary to— or are life cycle cost effective and that in- rectly resulting from implementation of (i) request statements of qualifications, volve energy conservation, cogeneration fa- such measures during the term of the con- which shall, at a minimum, include prior ex- cilities, renewable energy sources, improve- tract. perience and capabilities of contractors to ments in operation and maintenance effi- (2)(A) Contracts under this subchapter perform the proposed types of energy savings ciencies, or retrofit activities. shall be energy savings performance con- services and financial and performance infor- tracts and shall require an annual energy mation, from firms engaged in providing en- That is the law, Mr. President. Sen- audit and specify the terms and conditions of ergy savings services; and ator BINGAMAN’s amendment would any Government payments and performance (ii) from the statements received, des- strike from this bill my amendment guarantees. Any such performance guarantee ignate and prepare a list, with an update at July 17, 1997 CONGRESSIONAL RECORD — SENATE S7697 least annually, of those firms that are quali- perform any of the functions specified in this Provided, That the Secretary of Defense fied to provide energy savings services; section. may from time to time, and unless the Presi- (B) require each agency to use the list pre- (J) With the respect to the final report sub- dent shall otherwise direct, exempt the De- pared by the Secretary pursuant to subpara- mitted pursuant to this paragraph, an assess- partment of Defense from action taken or graph (A)(ii) unless the agency elects to de- ment of whether the contracting procedures which may be taken by the Administrator velop an agency list of firms qualified to pro- developed pursuant to this section and uti- under clauses (1) to (4) of this subsection vide energy savings performance services lized by agencies have been effective and whenever he determines such exemption to using the same selection procedures and whether continued use of such procedures, as be in the best interests of national security. methods as are required of the Secretary in opposed to the procedures provided by exist- (b) Extension of services to Federal agen- preparing such lists; and ing public contract law, is necessary for im- cies and mixed ownership corporations and (C) allow the head of each agency to— plementation of successful energy savings the District of Columbia. (i) select firms from the list prepared pur- performance contracts. The Administrator shall as far as prac- suant to subparagraph (A)(ii) or the list pre- ticable provide any of the services specified pared by the agency pursuant to subpara- * * * * * in subsection (a) of this section to any other graph (B) to conduct discussions concerning SEC. 8287a. Payment of costs. Federal agency, mixed ownership corpora- a particular proposed energy savings project, Any amount paid by a Federal agency pur- tion (as defined in chapter 91 of Title 31), or including requesting a technical and price suant to any contract entered into under the District of Columbia, upon its request. proposal from such selected firms for such this subchapter may be paid only from funds (c) Exchange or sale of similar items project; appropriated or otherwise made available to In acquiring personal property, any execu- (ii) select from such firms the most quali- the agency for fiscal year 1986 or any fiscal tive agency, under regulations to be pre- fied firm to provide energy savings services year thereafter for the payment of energy scribed by the Administrator, subject to reg- based on technical and price proposals and expenses (and related operation and mainte- ulations prescribed by the Administrator for any other relevant information; nance expenses). Federal Procurement Policy pursuant to the (iii) permit receipt of unsolicited proposals * * * * * Office of Federal Procurement Policy Act [41 U.S.C.A. § 401 et seq.], may exchange or sell for energy savings performance contracting SEC. 8287b. Reports. similar items and may apply the exchange services from a firm that such agency has de- Each Federal agency shall periodically fur- allowance or proceeds of sale in such cases in termined is qualified to provide such services nish the Secretary of Energy with full and whole or in part payment for the property under the procedures established pursuant to complete information on its activities under acquired: Provided, That any transaction car- paragraph (1)(A), and require agency facility this subchapter, and the Secretary shall in- managers to place a notice in the Commerce ried out under the authority of this sub- clude in the report submitted to Congress section shall be evidenced in writing. Business Daily announcing they have re- under section 8260 of this title a description ceived such a proposal and invite other simi- (d) Utilization of services by executive of the progress made by each Federal agency agencies without reimbursement or transfer larly qualified firms to submit competing in— proposals; and of funds (1) including the authority provided by this In conformity with policies prescribed by (iv) enter into an energy savings perform- subchapter in its contracting practices; and ance contract with a firm qualified under the Administrator under subsection (a) of (2) achieving energy savings under con- this section, any executive agency may uti- clause (iii), consistent with the procedures tracts entered into under this subchapter. and methods established pursuant to para- lize the services, work, materials, and equip- graph (1)(A). ment of any other executive agency, with EXCERPTS FROM THE PROPERTY (3) A firm not designated as qualified to the consent of such other executive agency, ADMINISTRATIVE SERVICES ACT provide energy savings services under para- for the inspection of personal property inci- graph (2)(A)(i) or paragraph (2)(B) may re- SUBCHAPTER II—PROPERTY dent to the procurement thereof, and not- quest a review of such decision to be con- MANAGEMENT withstanding section 1301(a) of Title 31 or any other provision of law such other execu- ducted in accordance with procedures to be SEC. 481. Procurement, warehousing, and developed by the board of contract appeals of related activities. tive agency may furnish such services, work, the General Services Administration. Proce- (a) Policies and methods of procurement materials, and equipment for that purpose dures developed by the board of contract ap- and supply; operation of warehouses without reimbursement or transfer of funds. (e) Exchange or transfer of excess property peals under this paragraph shall be substan- The Administrator shall, in respect of ex- Whenever the head of any executive agency tially equivalent to procedures established ecutive agencies, and to the extent that he determines that the remaining storage or under section 759(f) of Title 40. determines that so doing is advantageous to shelf life of any medical materials or medi- (c) Sunset and reporting requirements the Government in terms of economy, effi- cal supplies held by such agency for national (1) The authority to enter into new con- ciency, or service, and with due regard to the emergency purposes is of too short duration tracts under this section shall cease to be ef- program activities of the agencies con- to justify their continued retention for such fective five years after the date procedures cerned— purposes and that their transfer or disposal and methods are established under sub- (1) subject to regulations prescribed by the would be in the interest of the United States, section (b) of this section. Administrator for Federal Procurement Pol- (2) Beginning one year after the date proce- such materials or supplies shall be consid- icy pursuant to the Office of Federal Pro- ered for the purposes of section 483 of this dures and methods are established under sub- curement Policy Act [41 U.S.C.A. § 401 et title to be excess property. In accordance section (b) of this section, and annually seq.], prescribe policies and methods of pro- with the regulations of the Administrator, thereafter, for a period of five years after curement and supply of personal property such excess materials or supplies may there- such date, the Comptroller General of the and nonpersonal services, including related upon be transferred to or exchanged with United States shall report on the implemen- functions such as contracting, inspection, any other Federal agency for other medical tation of this section. Such reports shall in- storage, issue, property identification and materials or supplies. Any proceeds derived clude, but not be limited to, an assessment classification, transportation and traffic from such transfers may be credited to the of the following issues: management, management of public utility (A) The quality of the energy audits con- current applicable appropriation or fund of services, and repairing and converting; and the transferor agency and shall be available ducted for the agencies. (2) operate, and, after consultation with (B) The Government’s ability to maximize only for the purchase of medical materials or the executive agencies affected, consolidate, supplies to be held for national emergency energy savings. take over, or arrange for the operation by (C) The total energy cost savings accrued purposes. If such materials or supplies are any executive agency of warehouses, supply by the agencies that have entered into such not transferred to or exchanged with any centers, repair shops, fuel yards, and other contracts. other Federal agency, they shall be disposed (D) The total costs associated with enter- similar facilities; and of as surplus property. To the greatest ex- ing into and performing such contracts. (3) procure and supply personal property tent practicable, the head of the executive (E) A comparison of the total costs in- and nonpersonal services for the use of exec- agency holding such medical materials or curred by agencies under such contracts and utive agencies in the proper discharge of supplies shall make the determination pro- the total costs incurred under similar con- their responsibilities, and perform functions vided for in the first sentence of this sub- tracts performed in the private sector. related to procurement and supply such as section at such times as to insure that such (F) The number of firms selected as quali- those mentioned above in subparagraph (1) medical materials or medical supplies can be fied firms under this section and their re- at this subsection: Provided, That contacts transferred or otherwise disposed of in suffi- spective shares of awarded contracts. for public utility services may be made for cient time to permit their use before their (G) The number of firms engaged in similar periods not exceeding ten years; and shelf life expires and they are rendered unfit activity in the private sector and their re- (4) with respect to transportation and for human use. spective market shares. other public utility services for the use of ex- (H) The number of applicant firms not se- ecutive agencies, represent such agencies in * * * * * lected as qualified firms under this section negotiations with carriers and other public SUBCHAPTER II—PROPERTY and the reason for their nonselection. utilities and in proceedings involving car- MANAGEMENT (I) The frequency with which agencies have riers or other public utilities before Federal SEC. 481. Procurement, warehousing, and utilized the services of Government labs to and State regulatory bodies; related activities. S7698 CONGRESSIONAL RECORD — SENATE July 17, 1997

(a) Policies and methods of procurement materials, and equipment for that purpose SEC. . (a) The congressional ethics com- and supply; operation of warehouses. without reimbursement or transfer of funds. mittees shall provide for voluntary reporting The Administrator shall, in respect of ex- (e) Exchange or transfer of excess property. by Members of Congress on the financial dis- ecutive agencies, and to the extent that he Whenever the head of any executive agency closure reports filed under title I of the Eth- determines that so doing is advantageous to determines that the remaining storage or ics in Government Act of 1978 (5 U.S.C. App.) the Government in terms of economy, effi- shelf life of any medical materials or medi- on such Members’ participation in— ciency, or service, and with due regard to the cal supplies held by such agency for national (1) the Civil Service Retirement System program activities of the agencies con- emergency purposes is of too short duration under chapter 83 of title 5, United States cerned— to justify their continued retention for such Code; and (1) subject to regulations prescribed by the purposes and that their transfer or disposal (2) the Federal Employees Retirement Sys- Administrator for Federal Procurement Pol- would be in the interest of the United States, tem under chapter 84 of title 5, United States icy pursuant to the Office of Federal Pro- such materials or supplies shall be consid- Code. curement Policy Act [41 U.S.C.A. § 401 et ered for the purposes of section 483 of this (b) In this section, the terms ‘‘congres- seq.], prescribe policies and methods of pro- title to be excess property. In accordance sional ethics committees’’ and ‘‘Members of curement and supply of personal property with the regulations of the Administrator, Congress’’ have the meanings given such and nonpersonal services, including related such excess materials or supplies may there- terms under section 109 of the Ethics in Gov- functions such as contracting, inspection, upon be transferred to or exchanged with ernment Act of 1978 (5 U.S.C. App.). storage, issue, property identification and any other Federal agency for other medical (c) This section shall apply to fiscal year classification, transportation and traffic materials or supplies. Any proceeds derived 1998 and each fiscal year, thereafter. management, management of public utility from such transfers may be credited to the Mr. CAMPBELL. Mr. President, this services, and repairing and converting; and current applicable appropriation or fund of amendment has been cleared on both (2) operate, and, after consultation with the transferor agency and shall be available the executive agencies affected, consolidate, only for the purchase of medical materials or sides of the aisle. I urge its immediate take over, or arrange for the operation by supplies to be held for national emergency adoption. any executive agency of warehouses, supply purposes. If such materials or supplies are Mr. KOHL. We have no objection. centers, repair shops, fuel yards, and other not transferred to or exchanged with any THE PRESIDING OFFICER. If there similar facilities; and other Federal agency, they shall be disposed be no further debate, the question is on (3) procure and supply personal property of as surplus property. To the greatest ex- agreeing to the amendment. and nonpersonal services for the use of exec- tent practicable, the head of the executive The amendment (No. 938) was agreed utive agencies in the proper discharge of agency holding such medical materials or their responsibilities, and perform functions to. supplies shall make the determination pro- Mr. CAMPBELL. Mr. President, I related to procurement and supply such as vided for in the first sentence of this sub- those mentioned above in subparagraph (1) of section at such times as to insure that such move to reconsider the vote. this subsection: Provided, That contracts for medical materials or medical supplies can be Mr. KOHL. I move to lay that motion public utility services may be made for peri- transferred or otherwise disposed of in suffi- on the table. ods not exceeding ten years; and cient time to permit their use before their The motion to lay on the table was (4) with respect to transportation and shelf life expires and they are rendered unfit agreed to. other public utility services for the use of ex- for human use. Mr. CAMPBELL. Mr. President, I ecutive agencies, represent such agencies in suggest the absence of a quorum. negotiations with carriers and other public Mr. STEVENS. We say that no funds utilities and in proceedings involving car- can be used for the purpose of these The PRESIDING OFFICER. The riers or other public utilities before Federal measures unless they comply with the clerk will call the roll. and State regulatory bodies; law. That is entirely within the juris- The assistant legislative clerk pro- Provided, That the Secretary of Defense diction of our committee, and I hope ceeded to call the roll. may from time to time, and unless the Presi- the Senate will not pursue the amend- Mr. CAMPBELL. Mr. President, I ask dent shall otherwise direct, exempt the De- ment of the Senator from New Mexico. unanimous consent that the order for partment of Defense from action taken or the quorum call be rescinded. which may be taken by the Administrator I have not decided whether to make a The PRESIDING OFFICER (Mr. AL- under clauses (1) to (4) of this subsection motion to table that amendment. As I whenever he determines such exemption to understand the procedure, the motions LARD). Without objection, it is so or- be in the best interests of national security. to table were not waived and therefore dered. (b) Extension of services to Federal agen- I reserve my right to make a motion to AMENDMENT NO. 939 cies and mixed ownership corporations and table this amendment should the Sen- Mr. CAMPBELL. Mr. President, I the District of Columbia. ator from New Mexico seek to pursue it send an amendment to the desk and The Administrator shall as far as prac- ticable provide any of the services specified further on Monday. ask for its immediate consideration. in subsection (a) of this section to any other Mr. KOHL. We will lay the amend- The PRESIDING OFFICER. The Federal agency, mixed ownership corpora- ment aside until Monday. clerk will report. tion (as defined in chapter 91 of Title 31), or The PRESIDING OFFICER. Without The assistant legislative clerk read the District of Columbia, upon its request. objection, it is so ordered. as follows: (c) Exchange or sale of similar items. The Senator from Colorado. The Senator from Colorado [Mr. CAMP- In acquiring personal property, any execu- AMENDMENT NO. 938 BELL] proposes an amendment numbered 939. tive agency, under regulations to be pre- scribed by the Administrator, subject to reg- (Purpose: To provide for Members of Con- Mr. CAMPBELL. Mr. President, I ask ulations prescribed by the Administrator for gress to voluntarily disclose participation unanimous consent that reading of the Federal Procurement Policy pursuant to the in Federal retirement systems in the an- amendment be dispensed with. Office of Federal Procurement Policy Act [41 nual financial disclosure forms) The PRESIDING OFFICER. Without U.S.C.A. § 401 et seq.], may exchange or sell Mr. CAMPBELL. I send an amend- objection, it is so ordered. similar items and may apply the exchange ment to the desk on behalf of Senator The amendment is as follows: allowance or proceeds of sale in such cases in ABRAHAM and ask for its immediate On page 3, line 2, insert the following after whole or in part payment for the property consideration. acquired: Provided, That any transaction car- ‘‘$6,745,000’’ Provided further, That Chapter 9 The PRESIDING OFFICER. The of the Fiscal Year 1997 Supplemental Appro- ried out under the authority of this sub- clerk will report. section shall be evidenced in writing. priations Act for Recovery from Natural Dis- (d) Utilization of services by executive The assistant legislative clerk read asters, and for Overseas Peacekeeping Ef- agencies without reimbursement or transfer as follows: forts, including those in Bosnia, Public Law of funds. The Senator from Colorado [Mr. CAMP- 105–18 (111 Stat. 195–96) is amended by insert- In conformity with policies prescribed by BELL], for Mr. ABRAHAM, proposes an amend- ing after the ‘‘County of Denver’’ in each in- the Administrator under subsection (a) of ment numbered 938. stance ‘‘the County of Arapahoe’’. this section, and executive agency may uti- Mr. CAMPBELL. Mr. President, I ask Mr. CAMPBELL. This amendment lize the services, work, materials, and equip- has been cleared by both sides. I urge ment of any other executive agency, with unanimous consent that reading of the amendment be dispensed with. its immediate adoption. the consent of such other executive agency, Mr. KOHL. We have no objection on for the inspection of personal property inci- The PRESIDING OFFICER. Without dent to the procurement thereof, and not- objection, it is so ordered. our side. withstanding section 1301(a) of Title 31 or The amendment is as follows: THE PRESIDING OFFICER. If there any other provision of law such other execu- At the appropriate place in the bill, insert be no further debate, the question is on tive agency may furnish such services, work, the following new section: agreeing to the amendment. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7699 The amendment (No. 939) was agreed (C) The Central Intelligence Agency. strategy to change youth attitudes to. (D) The Coast Guard. about the perceived risk of drug use Mr. CAMPBELL. Mr. President, I (E) The Drug Enforcement Administration. (F) The Federal Bureau of Investigation. and to encourage parents to talk to move to reconsider the vote. (2) The purpose of the plan under para- their children about drugs. Coupled Mr. KOHL. I move to lay that motion graph (1) is to maximize the effectiveness of with support from the private sector, on the table. the centers and activities referred to in that the program would finance anti-drug The motion to lay on the table was paragraph in achieving the objectives of the messages to reach 90 percent of all chil- agreed to. national drug control strategy. In order to dren ages 9 through 17 at least four maximize such effectiveness, the plan shall— Mr. CAMPBELL. Mr. President, I times per week. The media campaign suggest the absence of a quorum. (A) articulate clear and specific mission will supplement existing public service The PRESIDING OFFICER. The statements for each counterdrug intelligence center and activity, including the manner in campaigns carried out by groups such clerk will call the roll. which responsibility for counterdrug intel- The assistant legislative clerk pro- as the Partnership for a Drug Free ligence activities will be allocated among America and the Ad Council, both of ceeded to call the roll. the counterdrug intelligence centers; Mr. CAMPBELL. Mr. President, I ask (B) specify the relationship between such whom will participate in the Office of unanimous consent that the order for centers; National Drug Policy campaign. the quorum call be rescinded. (C) specify the means by which proper Unfortunately, this program was not The PRESIDING OFFICER. Without oversight of such centers will be assured; (D) specify the means by which fully funded by the Appropriations objection, it is so ordered. counterdrug intelligence will be forwarded Committee. I share its view that the AMENDMENTS NOS. 940 AND 941 effectively to all levels of officials respon- funds used for this program must be Mr. CAMPBELL. Mr. President, I sible for United States counterdrug policy; carefully monitored to assure its effec- send two amendments to the desk on and tiveness and non-partisan status, and I behalf of Senator COVERDELL. (E) specify mechanisms to ensure that support the requirements the Commit- The PRESIDING OFFICER. The State and local law enforcement agencies are apprised of counterdrug intelligence in a tee has included that address these clerk will report. manner which— matters. The assistant legislative clerk read (i) facilitates effective counterdrug activi- However, I believe that denial of full as follows: ties by such agencies; and funding sends the wrong message here. The Senator from Colorado [Mr. CAMP- (ii) provides such agencies with the infor- BELL], for Mr. COVERDELL, for himself and mation necessary to ensure the safety of offi- The Appropriations Committee ques- Mrs. FEINSTEIN, proposes amendment num- cials of such agencies in their counterdrug tioned whether full funding for this bered 940 and, for Mr. COVERDELL, amend- activities. new program at this time was pre- ment numbered 941. (b) APPROPRIATE CONGRESSIONAL COMMIT- mature. I fail to see the rationale. The TEES DEFINED.—In this section, the term numbers of children using drugs are Mr. CAMPBELL. Mr. President, I ask ‘‘appropriate congressional committees’’ unanimous consent that reading of the means the following: going up. If anything, I would say that amendments be dispensed with. (1) The Committee on Foreign Relations, funding for such a campaign is too late, The PRESIDING OFFICER. Without the Committee on the Judiciary, and the Se- not premature. objection, it is so ordered. lect Committee on Intelligence of the Sen- Let’s put this funding in the context The amendments are as follows: ate. (2) The Committee on International Rela- of the media. We all know that Holly- AMENDMENT NO. 940 tions, the Committee on the Judiciary, and wood is a multibillion dollar industry. (Purpose: To provide that Federal employees the Permanent Select Committee on Intel- Each year, billions of dollars are put convicted of certain bribery and drug-re- ligence of the House of Representatives. lated crimes shall be separated from serv- into producing movies that glamorize ice) Mr. CAMPBELL. Mr. President, I ask drugs and alcohol. Then there is the unanimous consent the amendments be At the appropriate place in the bill, insert advertising industry. I am told that the following new section: set aside. the amount requested for this program SEC. . (a) A Federal employee shall be sep- Mr. KOHL. We have no objection to is of the same magnitude of what is arated from service and barred from reem- their being set aside. typically spent on one line of commer- The PRESIDING OFFICER. Without ployment in the Federal service, if— cials for a fast food restaurant. And (1) the employee is convicted of a violation objection, it is so ordered. or attempted violation of section 201 of title how much money every year is spent PRESIDENT’S ANTI-DRUG CAMPAIGN on beer commercials? If you imagine 18, United States Code; and Mr. CLELAND. Mr. President, I had (2) such violation or attempted violation what our children are inundated with planned to offer an amendment which related to conduct prohibited under section on a daily basis, and then if you think addresses a matter that is critical to 1010(a) of the Controlled Substances Import about how limited this campaign actu- the future of America. Drug use by the and Export Act (21 U.S.C. 960(a)). ally is, I believe one would begin to un- (b) This section shall apply during fiscal nation’s youth is rising at alarming year 1998 and each fiscal year thereafter. levels. The Office of National Drug derstand how much more we should be doing to prevent our children from AMENDMENT NO. 941 Control Policy’s budget request in- being influenced to view drugs and al- (Purpose: To require a plan for the coordina- cluded $175 million for a youth oriented tion and consolidation of the counterdrug media anti-drug campaign aimed at re- cohol in a positive light. intelligence centers and activities of the ducing drug use by our nation’s chil- My amendment would have added $65 United States) dren. I strongly support this campaign. million to help counter the messages At the appropriate place in the bill, insert Drug use among America’s youth has our children receive each day. Given the following: doubled over the past five years, tri- the expressions of opposition I have re- SEC. . (a) COORDINATION OF COUNTERDRUG pling among eighth graders. These ceived from the Committee on this INTELLIGENCE CENTERS AND ACTIVITIES.—(1) trends are devastating and threaten to amendment, I will not offer it. None- Not later than 120 days after the date of en- destroy the fabric of American society. actment of this Act, the Director of the Of- theless I cannot think of a sound rea- fice of National Drug Control Policy shall We have an obligation to reverse these son to oppose this critically important submit to the appropriate congressional trends by motivating America’s youth campaign. We must invest in the future committees a plan to improve coordination, to reject drugs. As you know, the of America’s 68 million children. We and eliminate unnecessary duplication, media exerts tremendous influence on cannot allow another generation chil- among the counterdrug intelligence centers children. Through the power of the dren to be lost to the culture of drug and counterdrug activities of the Federal media we are equipped to influence use. Government, including the centers and ac- children via outlets that include tele- tivities of the following departments and vision, radio, computer software, and I hope that in the future the Senate agencies: will have the opportunity to revisit (A) The Department of Defense, including the Internet. the Defense Intelligence Agency. While drug use has been glamorized, this matter and increase funding for (B) The Department of the Treasury, in- normalized and linked with popularity, this most important anti-drug cam- cluding the United States Customs Service. this media campaign will employ a paign. S7700 CONGRESSIONAL RECORD — SENATE July 17, 1997 FUNDING FOR THE FEDERAL ELECTION quired by the post-FY ’95 budget reduc- with overseeing and monitoring federal elec- COMMISSION tions have led to a 25 percent drop in tion campaigns’ compliance with the law. As Mr. DODD. Mr. President, I rise the FEC’s ability to handle those cases. we mark the 25th anniversary of Watergate today to speak about the funding for Perhaps that is one reason why the this year, it is time that we enable the FEC the Federal Election Commission FEC has become known as a toothless to live up to its mandate by providing it (FEC), as allocated in the Treasury, tiger. I believe it is time to give this with the necessary funding. General Government, Civil Service Ap- tiger the teeth it needs to carry out its In recent elections, as the cost of cam- propriations Bill. duties. paigns has spiraled out of control and cur- All of us know that Congress’ appro- Mr. President, we are in the midst of rent campaign laws have proven porous and priators are tasked with guiding one of multiple government investigations ineffective in discouraging this trend, the the most difficult of our duties—decid- into campaign financing—investiga- FEC’s caseload has risen, making its job ing how to spend the taxpayers’ money. more and more difficult. The cost of cam- tions I wholeheartedly support. But as paigns rose 73% between the 1992 and 1996, While I appreciate the magnitude and Congress has allocated millions of dol- and parties raised four times the amount of difficulty of this task as approached by lars for burgeoning Congressional cam- money in 1996 that they raised just eight the Subcommittee on Treasury, Gen- paign finance investigations, the least years before in 1988. Between 1994 and No- eral Government, and Civil Service Ap- we can do is provide adequate funding vember of 1996, the FEC’s caseload rose 36% propriations, I am disappointed that for the independent and bipartisan FEC and because complaints related to the 1996 the committee did not provide the FEC to do its job. election are still being filed, the FEC expects with full funding at its request of $34.2 Many of my colleagues have said that the caseload to ultimately rise by 52%. Yet, million, as supported by the President. campaign finance reform is not the even as the FEC’s workload has surged and Mr. President, the citizens’ cries for issue for 1997. The illegalities of 1996, Congress has allocated millions of dollars for campaign finance reform are growing they say, is the issue. Yet, at the same burgeoning Congressional campaign finance investigations, providing adequate funding louder and louder. Why? Because cam- time, they refuse to fund the very paign spending is out of control. As for the independent and bipartisan FEC has agency that should be first to uncover been a constant battle. Rescissions and fund- money floods endlessly into our elec- and punish any illegalities. ing rollbacks over the last few years have toral system, however, I fear the voice In October 1996, following news re- not permitted the FEC to keep pace with its of the average American will be ports of alleged irregularities in fund- increasing workload, or even to meet infla- drowned out and democracy will be the raising by both political parties, I ini- tion in rent and salary costs. victim. tiated a request that the FEC conduct This combination of a decreasing budget Much must be done to truly and ef- an investigation of the Democratic Na- and an increasing workload have hamstrung fectively clean up our political cam- tional Committee, and pledged to make the FEC’s ability to fulfill its duties. At the paigns. But one thing we can do to available all relevant records and per- same time the FEC’s caseload has risen, staff start right now is provide the FEC—the sonnel. At a Rules Committee hearing cuts required by the post-FY ’95 budget re- agency charged by Congress with over- earlier this year, I was shocked to ductions have led to a 25% drop in the FEC’s seeing our campaign finance system— learn that as of February 1997, due to ability to handle those cases. with the finances it needs to promptly the tremendous backlog of cases and The $34.2 million requested by the FEC en- and effectively enforce the laws that funding shortfalls at the FEC, that in- compasses $29.3 million included in the govern our campaigns. vestigation had not even begun. While President’s budget, which the FEC requires Consider that, in just eight years, we I am informed today that the inves- to continue responsible operation and which have seen a fourfold increase in the tigation has now begun, I believe the would restore the FEC’s funding to its pre- amount of money raised and spent by 1995 recision level. The $34.2 million figure delay in commencing the audit is illus- also encompasses an additional $4.9 million both parties, from $220 million raised trative of the magnitude of the FEC’s by both parties in 1988 to $881 million the FEC now needs to handle the increased budget problems. volume of work resulting from the 1996 elec- raised in 1996. Earlier this year, after learning of tions. In just four years, we have seen a 73 the FEC’s long delay in beginning to percent increase in political costs. A 73 For too long, the FEC has been known as address the cases generated by the 1996 a toothless tiger, an agency rendered power- percent increase in political costs since election, I introduced a bill to 1992—while wages rose 13 percent and less by both structural and financial inad- strengthen the FEC and authorize full equacies. While we in Congress must explore education costs rose 17 percent during funding for the agency. I was also re- many ways of strengthening the FEC, one that same period. cently joined by my colleagues Sen- way we can help restore its authority is to Congressional spending in 1996 gen- ators KERREY, REED, and DORGAN in allocate the money it needs. We urge you eral elections was $626.4 million, 6.3 writing to Senate appropriators to re- and your committee to make the requested percent higher than the record 1994 lev- quest that they provide the FEC with FEC funding a top priority. els. full funding. I ask unanimous consent ROBERT J. KERREY. And an unprecedented $2.5 billion in JACK REED. that those letters be printed in the financial activity was reported to the CHRISTOPHER J. DODD. commission in 1996. RECORD. BYRON L. DORGAN. And it was the FEC that had to over- I am disappointed that we have not fully funded the FEC at this time, but see all this spending, to be sure it com- U.S. SENATE, plied with the law. I remain hopeful that we will provide Washington, DC, July 7, 1997. This increase in campaign spending full funding—and enact other much Hon. HERB KOHL, has therefore generated a sharp in- needed FEC reforms—when we debate Ranking Member, Subcommittee on Treasury, crease FEC’s workload. Between 1994 comprehensive campaign finance re- Postal Service, and General Government Ap- and November of 1996, the FEC’s case- form in what I hope will be the near fu- propriations, Committee on Appropriations, load rose 36 percent, and because com- ture. Washington, DC. There being no objection, the letters plaints related to the 1996 election are DEAR SENATOR KOHL: As your subcommit- still being filed, the FEC expects the were ordered to be printed in the tee prepares to consider the Treasury-Postal caseload to ultimately rise by 52 per- RECORD, as follows: Appropriations bill, we write to urge you to cent. Yet, providing adequate funding U.S. SENATE, appropriate full funding for the Federal Elec- Washington, DC, July 7, 1997. for the FEC has been a constant battle. tion Commission at their request of $34.2 Hon. BEN NIGHTHORSE CAMPBELL, million. Recent rescissions and funding Chairman, Subcommittee on Treasury, Postal rollbacks have prevented the FEC from Established by Congress as one of the post- Service, and General Government Appro- Watergate reforms, the FEC was charged keeping up with its ever-increasing priations, Committee on Appropriations, with overseeing and monitoring federal elec- workload and meeting inflation in rent Washington, DC. tion campaigns’ compliance with the law. As DEAR SENATOR CAMPBELL: As your sub- and salary costs. we mark the 25th anniversary of Watergate committee prepares to consider the Treas- This combination of a decreasing this year, it is time that we enable the FEC ury-Postal Appropriations bill, we write to budget and an increasing workload to live up to its mandate by providing it urge you to appropriate full funding for the have hamstrung the FEC’s ability to with the necessary funding. Federal Election Commission at their re- fulfill its watchdog role in a timely and quest of $34.2 million. In recent elections, as the cost of cam- effective manner. At the same time the Established by Congress as one of the post- paigns has spiraled out of control and cur- FEC’s caseload has risen, staff cuts re- Watergate reforms, the FEC was charged rent campaign laws have proven porous and July 17, 1997 CONGRESSIONAL RECORD — SENATE S7701 ineffective in discouraging this trend, the in the Continental Army, and other dreds of billions of dollars per year— FEC’s caseload has risen, making its job troops and their loved ones. $700 billion by some estimates. That more and more difficult. The cost of cam- When the war was over, General comes to several thousand dollars for paigns rose 75 percent between the 1992 and Greene, clearly recognizing the histori- the average American household—per- 1996, and parties raised four times the cal significance of his correspondence, amount of money in 1996 that they raised haps $7,000 per year. Our regulatory just 8 years before in 1988. Between 1994 and gathered as many as 6,000 letters and goals are too important, and our re- November of 1996, the FEC’s caseload rose 36 documents in trunks and made his way sources are too precious, to spend this percent, and because complaints related to home to Rhode Island. Later, he money unwisely. the 1996 election are still being filed, the stopped in Princeton, New Jersey, the This provision is identical to last FEC expects the caseload to ultimately rise site of the Continental Congress, and year’s Stevens Amendment. It requires by 52 percent. Yet, even as the FEC’s work- expressed his desire to have his papers load has surged and Congress has allocated the Office of Management and Budget copied, assembled, and bound in books. to provide Congress with a report on: millions of dollars for burgeoning Congres- That very day, Congress agreed to Gen- sional campaign finance investigations, pro- (1) the total annual costs and benefits viding adequate funding for the independent eral Greene’s request and voted to pro- of Federal regulatory programs; (2) the and bipartisan FEC has been a constant bat- vide him with a clerk to undertake this costs and benefits of rules costing $100 tle. Rescissions and funding rollbacks over task. Regrettably, General Greene died million or more; (3) the direct and indi- the last few years have not permitted the two years later, and, over the years, his rect impacts of Federal rules on the FEC to keep pace with its increasing work- papers have been scattered between private sector, State and local govern- load, or even to meet inflation in rent and more than 100 repositories in a number salary costs. ment, and the Federal government; and of states. (4) recommendations to streamline and This combination of a decreasing budget Since 1971, the Rhode Island Histori- and an increasing workload have hamstrung improve regulatory programs. Before the FEC’s ability to fulfill its duties. At the cal Society has worked to assemble and issuing the report in final form, OMB same time the FEC’s caseload has risen, staff publish the extraordinary papers of must provide the public with notice cuts required by the post-fiscal year 1995 this remarkable patriot. At the onset and an opportunity to comment on the budget reductions have led to a 25 percent of this project, which was cosponsored draft report—its substance, methodolo- drop in the FEC’s ability to handle those by The William L. Clement Library at cases. gies, and recommendations. In the final the University of Michigan, funds were report, OMB must summarize the pub- The $34.2 million requested by the FEC en- provided by the National Historical compasses $29.3 million included in the lic comments. Publications Commission (now the President’s budget, which the FEC requires Now we know that regulatory ac- to continue responsible operation and which NHPRC). Additional funds were re- ceived through the National Endow- counting is doable, and it does not im- would restore the FEC’s funding to its pre- pose an unjustifiable burden on the 1995 rescission level. The $34.2 million figure ment for the Humanities, which con- also encompasses an additional $4.9 million tributed to the completion of the first agencies. First, OMB has done its first the FEC now needs to handle the increased nine volumes of ‘‘The Papers of Gen- draft report under last year’s regu- volume of work resulting from the 1996 elec- eral Nathaniel Greene.’’ latory accounting provision, and we ex- tions. The remaining volumes of the Greene pect the draft to be published in the For too long, the FEC has been known as Papers will focus on the Revolutionary Federal Register early next week. a toothless tiger, an agency rendered power- War in the South. Details about the While this report is not perfect, it less by both structural and financial inad- shows that regulatory accounting can equacies. While we in Congress must explore Southern Campaign are far less well many ways of strengthening the FEC, one known than those about the War in the be done and can help us better under- way we can help restore its authority is to North. stand the benefits and burdens of regu- allocate the money it needs. We urge you At the age of thirty-two, Nathaniel lation. In the past week, the American and your committee to make the requested Greene became the youngest General in Enterprise Institute and the Brookings FEC funding a top priority. the Continental Army and later be- Institution released a primer on how to Sincerely, came commander of the Southern do regulatory accounting, entitled ROBERT J. KERREY. Army. In 1781 and 1782, he and his ‘‘Improving Regulatory Accountabil- JACK REED. ity.’’ This should be helpful to all of us CHRISTOPHER J. DODD. troops defeated the British in the Caro- as OMB revises its draft report. BYRON L. DORGAN. linas and in Georgia. The several vol- THE NATIONAL HISTORICAL PUBLICATIONS AND umes that remain to be completed Estimating the total annual costs RESEARCH COMMISSION AND THE NATHANIEL focus on this aspect of our nation’s and benefits of Federal regulatory pro- GREENE PAPERS early history. It is a period that, in grams is like assembling a jigsaw puz- Mr. CHAFEE. Mr. President, I would some important aspects, is not well zle, and some of the major sections like to commend Senator CAMPBELL for chronicled, and I believe that comple- have been assembled. OMB’s first draft his work on this appropriations bill. I tion of the Greene Papers will add sig- report will provide a foundation for was particularly pleased with the fund- nificantly to our knowledge of an en- further improvements that can be pro- ing level for the National Historical tire region—the South. posed during the public comment pe- Publications and Records Commission, Once again, I applaud Senators CAMP- riod. Private studies have estimated which was increased by $1 million over BELL and KOHL for their work on this the annual costs of regulation, and the budget request. It is my hope that, bill and hope that funds from the Na- many of its benefits. These include Bob although not specifically earmarked, a tional Historical Publications and Hahn’s ‘‘Regulatory Reform: What Do portion of these funds will go toward Records Commission will be available the Numbers Tell Us?,’’ Tom Hopkins’ completing the Rhode Island Historical for completion of the Greene Papers. ‘‘Cost of Regulation,’’ and Hahn and Society’s ongoing project ‘‘The Papers REGULATORY ACCOUNTING, SECTION 625 Hird’s ‘‘The Costs and Benefits of Reg- of General Nathaniel Greene.’’ Mr. THOMPSON. Mr. President, I ulation.’’ Moreover, Executive Order As I am sure my colleagues are want to take this opportunity to ex- 12866, like the preceding Orders for the aware, Nathaniel Greene, in addition to press my support for the regulatory ac- last 15 years, requires a cost-benefit as- being a famous Rhode Islander, was counting provision in Section 625 of the sessment for significant regulations, second in command to General George Treasury-Postal Appropriations bill, S. which constitute most of the puzzle. Washington during the American Revo- 1023. This continues last year’s effort The Unfunded Mandates Reform Act lutionary War. Nathaniel Greene’s pa- by Senator STEVENS, and as the new also requires detailed cost-benefit anal- pers, which are extensive, provide a Chairman of the Governmental Affairs yses of $100 million rules. In addition, complete, first-person account of the Committee, I strongly support it. I be- the paperwork burden—and I do think Revolution. The Greene papers include lieve the public has the right to know it should be addressed—constitutes numerous correspondence with George the benefits and burdens of Federal about 1/3 of the cost puzzle, and paper- Washington, as well as letters from all regulatory programs. And Congress work burden hours already are esti- of the members of the Continental Con- needs this information to better man- mated under the Paperwork Reduction gress, the Board of War, many of the age the regulatory process. Currently, Act. Those burdens can easily be mone- state governors, a number of Generals Federal regulatory programs cost hun- tized by estimating the value of the S7702 CONGRESSIONAL RECORD — SENATE July 17, 1997 time needed to comply with paperwork should inform Congress of its efforts to Members were advised that there would requirements. In addition, the cost of address these problems. Ultimately, be debates tonight on the amendments environmental regulation—about 1⁄4 of OMB must provide Congress with a that many of them had said they want- the cost puzzle—is estimated in EPA’s credible accounting statement on the ed to pursue. Several Senators have study, The Cost of a Clean Environ- regulatory process. This report should said they were going to be here this ment (1990), in annual estimates by the show clearly the benefits and burdens evening to do that. Unfortunately, we Department of Commerce, and by other of the regulatory process, and it should cannot find them. We don’t know sources. Finally, regulatory accounting help Congress to see which programs where they are. We called their offices. should not create a resource drain for are cost-effective and which are waste- They are not down here to debate their OMB. OMB should issue guidelines re- ful. amendments. So, with consultation quiring the agencies to compile needed We have received a copy of OMB’s with Senator KOHL, we are prepared to information, just as OMB does in the first draft report prepared under last just close us down tonight. fiscal budget process. year’s Stevens Amendment. The draft Mr. President, I suggest the absence This regulatory accounting provision is an important first step, and I agree of a quorum. requires OMB to do a credible and reli- with many recommendations it pro- The PRESIDING OFFICER. The able report on the costs and benefits of vides. For example, I strongly agree clerk will call the roll. Federal regulation. First, subsection that OIRA should lead an effort to The assistant legislative clerk pro- 625(a)(1) requires OMB to provide esti- raise the use and quality of agency ceeded to call the roll. mates of the ‘‘total annual’’ costs and analyses for developing regulations. I Mr. SESSIONS. Mr. President, I ask benefits of Federal regulatory pro- also agree that OIRA should develop a unanimous consent that the order for grams. This includes those regulatory database on the costs and benefits of the quorum call be rescinded. costs and benefits that will impact the major rules and a system to track the The PRESIDING OFFICER. Without nation during the upcoming fiscal year. net benefits of all new federal regula- objection, it is so ordered. These costs and benefits would include tions and reforms of existing regula- Mr. SESSIONS. Mr. President, I ask impacts from rules issued before this tions. This information could be used unanimous consent to proceed for 5 upcoming fiscal year, not just new to determine what improvements to minutes as in morning business. rules. OMB should do its best to esti- recommend. However, I also think that The PRESIDING OFFICER. Is there mate and quantify that figure on the there are several more areas that objection? Without objection, it is so would be fruitful for OMB to consider. cost side, and to explain what benefits ordered. we are getting for the costs of these First, OMB should estimate the total costs of all federal mandates, not just f programs. When estimating the costs and bene- environmental, health, safety and eco- NATION OF EXPLORERS fits of ‘‘Federal regulatory programs,’’ nomic regulation. In particular, OMB Mr. SESSIONS. Mr. President, I rise OMB should use the valuable informa- should estimate the entire costs of pa- today to honor the men and women tion already available, and supplement perwork, including from tax collection. whose work contributes to our nation’s Second, OMB should estimate, where it where needed. Where agencies have great space program. Their contribu- feasible, the quantifiable indirect costs or can produce detailed information on tions have made the first seventeen and the indirect benefits of regulation. the costs and benefits of individual pro- days of the month of July a high point This includes, for example, the costs grams, they should make full use of of public interest and enthusiasm. I associated with product bans and mar- this information. For example, EPA would like to share with my colleagues keting limitations, as well as the indi- produces reports on the costs of their some observations of these contribu- rect benefits associated with the pres- major environmental programs. Since tions. ervation of endangered species. Third, EPA has program-by-program informa- Earlier this week, I visited NASA’s OMB should examine the impact of reg- tion, EPA should include such detail in Marshall Space Flight Center in Hunts- ulation on wages, innovation, employ- ville, AL, and spent a few minutes its estimates. Other agencies may not ment, and income distribution, includ- talking with three of the astronauts on have program-by-program estimates of ing employment impacts on particular board of the Space Shuttle Columbia. costs and benefits, nor be capable of sectors of the economy. OMB should le- Members of my staff viewed their producing it, so they may need to rely verage the expertise and resources of launch on July 1 from the Kennedy on less detailed information. I expect a other agencies, especially the Presi- Space Center in Florida. It was another rule of reason will prevail: Where the dent’s Council of Economic Advisors, agencies can produce detail that will to do these analyses. Finally, OMB great launch and another great mile- be informative for the Congress and the should do more to recommend improve- stone for Columbia and our shuttle pro- public, they should do so. Where it is ments to the regulatory process, as gram. In case you missed the landing extremely burdensome to provide such well as particular programs and regula- on CNN, Columbia returned safely to detail, broader estimates should suf- tions. OMB does not have to be omni- Earth at approximately 7:15 a.m. this fice. Information generated during the scient to propose such improvements, morning. While in orbit, the crew con- public comment period should assist and its recommendations do not have ducted world class research in areas OMB. to be based on perfect empirical data. which are so critical to our future suc- Subsection 625(a)(3) requires OMB to Let’s also use common sense and work cess in the global economy—bio- assess the direct and indirect impacts together for the public good. technology, materials science, and of Federal rules on the private sector, In closing, I should note that this combustion research. This research is State and local government, and the regulatory accounting provision is vitally important, and here is why: Federal Government. As many studies founded on broad support. Last year’s It is hard to understate the impor- show, regulatory impacts go beyond Stevens amendment was adopted by tance of the biotechnology research compliance costs. Regulation also cre- voice vote. It was modeled on more de- when you consider the hundreds of pro- ates a drag on real wages, economic tailed provisions strongly supported in teins in the human body. We currently growth, and productivity. Complex eco- the 104th Congress—in the Roth bill, S. understand the structure of about 1 nomic models can quantify these ad- 291, the Dole-Johnston bill, S. 343, and percent of these proteins. If scientists verse impacts. However, OMB is not the Glenn-Chafee bill. Regulatory ac- can decipher the exact structure of a mandated to devote vast resources to counting is widely endorsed—by those protein, they can determine how it create such models. Instead, OMB may who labor under the growing regu- works with other proteins to perform a use available reports, studies, and latory burden, as well as by those who specific function. For example, by other relevant information to assess want to assure the benefits of regula- studying a protein that is part of a the direct and indirect impacts of Fed- tion and to enhance the public’s right virus, they can learn how that virus at- eral rules. In addition, OMB should dis- to know about important govern- tacks plants or animals. To do this, cuss the serious problems posed by un- mental decisions. however, scientists must grow near- funded federal mandates for State, Mr. CAMPBELL. Mr. President, perfect crystals of that protein. While local and tribal governments. OMB under a prior unanimous consent, all some can be done quite easily on July 17, 1997 CONGRESSIONAL RECORD — SENATE S7703 Earth, some are distorted by gravity. tween the activities currently possible In conclusion, Mr. President, I be- During Columbia’s mission, protein on Spacelab and those of a much longer lieve the Mars mission symbolizes the growth experiments grew large quan- duration but with similar international very best of America. It transcends pol- tities of various proteins. These experi- cooperation that will take place on itics and demonstrates the cutting ments are designed to improve our International Space Station. edge technology that has made our Na- knowledge and lead to breakthroughs This mission caused no great fanfare tion the forerunner in space explo- in diabetes, bronchial asthma, AIDS, like the Mars mission is continuing to ration. This is truly the way we want various kinds of inflammation, and cause. Like many of you, I greatly en- the world to see us, isn’t it? Space is Chagas disease, a disease affecting 20 joyed watching the coverage of the the key to the image and the future of million people worldwide but most landing of the Pathfinder with my fam- this nation in the 21st century and be- prevalent in Latin America and mak- ily over the Fourth of July weekend. I yond. We must have national leader- ing its way into the United States. felt a special pride at this event. The ship, a keen vision, clear-cut goals, and Materials science has unlimited po- Mars mission is a uniquely American a strong commitment from this and tential. Historically, mankind’s devel- accomplishment and has captured the the Congresses to follow. We must be opment has been tied to the develop- imagination and attention of the willing to pay the price necessary to ment of new materials since the dawn world. I look forward to the day when realize our dreams and the dreams and of time—the ‘‘Stone Age’’, the ‘‘Iron the United States sends a manned mis- goals of our children. Where will we be sion to Mars. America must continue Age’’, the ‘‘Bronze Age.’’ As humanity in just 20 years from now? Mr. Goldin to be a nation of explorers, carrying matures into the ‘‘space age,’’ the need and his employees at NASA have the out the traditions of discovery em- for new materials is as important and vision that will take us beyond the bodied by Lewis and Clark, and the evolutionary as ever. The key to mate- fringe of the universe and, along the other great explorers. So much depends rials science research is understanding way, will provide untold benefits for how the structure of a material forms on our leadership and the dedication of thousands of men and women working mankind. and how this structure affects the We are indeed a nation of adventur- properties of the material. On Earth, on projects large and small that will lead us to new frontiers in space. ers and the crew of Columbia, the sci- sedimentation and buoyancy cause un- entists at JPL and U.S. astronaut Mi- even mixing of the ingredients of the This morning, NASA Administrator Dan Goldin addressed the Republican chael Foale are setting the azimuth material and can deform the structure Freshman Caucus. We discussed with and cutting the trail for us to follow. as it solidifies. Imperfections in the him many of NASA’s visionary projects The question is ‘‘Will we heed the signs structures of metals and alloys can af- and the future need for the Inter- and run the risks to get to the other fect mechanical strength or resistance national Space Station as a bridge to side?’’ I believe our nation is ready for to corrosion, while similar flaws in future exploration. On the Space Sta- that challenge and will meet it in glasses and alloys can make them easi- tion, NASA will learn how to keep as- every way. er to crack or break. In microgravity, tronauts safe and healthy for long peri- Mr. President, I yield the floor. sedimentation and buoyancy are re- ods of time. They will learn how to The PRESIDING OFFICER. The Sen- duced or eliminated, enabling inves- shield astronauts from radiation. They ator from Colorado. tigators to learn how these factors af- will learn more about how to combat f fect the final structure of the material. the bone loss astronauts experience TREASURY AND GENERAL GOV- The knowledge gained from the studies after they have been in orbit for just a on board Columbia will be used to im- ERNMENT APPROPRIATIONS ACT, short period of time. And they will 1998 prove materials processing on earth. learn how to deal with medical prob- These are the materials which will lems, such as blood loss, a virus or bac- The Senate continued with the con- allow us to chart the great unknowns terial infection, and surgical proce- sideration of the bill. of space in the decades ahead. dure. These are all things that we must AMENDMENT NO. 942 The third area of world-class re- be prepared for if we are to send men (Purpose: To provide for a national media search was conducted in combustion, and women in space for long periods of campaign focused on preventing youth drug abuse) which accounts for approximately 85 time. Mr. Goldin praised astronaut Mi- Mr. CAMPBELL. Mr. President, I percent of the world’s energy produc- chael Foale, our astronaut abroad the send an amendment to the desk on be- tion and a significant percentage of the Mir space station, as a true American world’s atmospheric pollution. Com- hero. Foale is demonstrating to the half of Senator HATCH and ask for its bustion plays a key role in processes world that U.S. astronauts are pre- immediate consideration. The PRESIDING OFFICER. The involved in ground transportation, pared to deal with adversity and hard- clerk will report the amendment. spacecraft propulsion, aircraft propul- ship. He stressed that our children are The assistant legislative clerk read sion, and hazardous waste disposal. seeing a drama in real time that is as as follows: However, despite many years of study, fascinating to them as the drama we we have only a limited understanding followed aboard Apollo 13 many years The Senator from Colorado [Mr. CAMP- of many fundamental combustion proc- BELL], for Mr. HATCH, proposes an amend- ago. Mr. Goldin assured us, however, ment numbered 942. esses. The results from experiments in that he has three teams examining the Mr. CAMPBELL. Mr. President, I ask these areas will help NASA design en- safety factors of the Mir and that all unanimous consent that the reading of gines for cleaner air and more fuel effi- must sign off before any more U.S. as- the amendment be dispensed with. ciency. Just a tenth of 1 percent in- tronauts are placed on board. He has The PRESIDING OFFICER. Without crease in the ability to burn fuel more confidence in the crew and confidence efficiently can more than pay the cost objection, it is so ordered. in the Mir, he strongly believes we The amendment is as follows: of a shuttle mission and help keep the must stay the course. environment cleaner as well. We spend Each Senator in attendance received At page 47, line 19, strike all after ‘‘Appro- priations’’ to page 48, line 1 at ‘‘Provided’’. hundreds of billions of dollars each a copy of the first photograph to be re- In lieu thereof, insert ‘‘and Judiciary of year on oil and every penny saved is a turned from Mars. I understand Mr. the House of Representatives and the Senate penny that stays right here in Amer- Goldin will be sending one to each that includes (1) a certification, and guide- ica. Member of this body. He also proudly lines to ensure that funds will supplement All of these experiments I just men- stated that NASA’s Internet site on and not supplant current anti-drug commu- tioned, Mr. President, were performed this mission has received over 300 mil- nity based coalitions; (2) a certification, and inside Spacelab, a joint venture of lion hits during its first five days, guidelines to ensure that none of the funds NASA and the European Space Agency. breaking all records for an Internet will be used for partisan political purposes; Investigators representing 32 univer- (3) a certification, and guidelines to ensure site. This mission has united the world that no media campaigns to be funded pursu- sities, 12 commercial industries and in its interest. It has sparked the ant to this campaign shall feature any elect- five government agencies participated imagination of a new generation of ed officials, persons seeking elected office, in the 33 microgravity experiments in space adventurers, and only time will cabinet-level officials, or other Federal offi- Spacelab. This mission was a bridge be- tell how far they will go. cials employed pursuant to Schedule C of 5 S7704 CONGRESSIONAL RECORD — SENATE July 17, 1997 Code Federal Regulations, Section 213, ab- Mrs. HUTCHISON. Mr. President, we plate that this was not on the front sent notice to each of the Chairmen and have probably the best relations with burner. I understood that. Ranking Members of the House and Senate Mexico than we have had in this coun- Now the Mexican economic situation Committees on Appropriations and Judici- try in a long, long time. I think is stabilized, and certainly, I think, it ary; (4) a detailed implementation plan to be submitted to the Chairman of the Commit- NAFTA has added to the good will and is on its way to full recovery, and I tees on Appropriations and Judiciary for se- the trade between our nations. But think this matter of equity and parity curing private sector contributions including there is one part of our trade relation- must be addressed. That is why my but not limited to in kind contributions; (5) ship that is not at parity and is not in amendment would just ask the U.S. a quantifiable system to measure outcome of the spirit of NAFTA, and that is the Trade Representative and the Sec- success of the national media campaign, in- exemptions for personal goods or for retary of the Treasury to begin these cluding but not limited to total funds ex- buying when you are on the border be- discussions, to report back, and if they pended, to what, where, or whom such funds tween Mexico and the United States. are not able to make progress, then tell were expended, and the effect which such As a matter of fact, there is not par- media campaign has had in reducing youth us what legislation should be passed to drug abuse.’’ ity in the exemption, and I think that make this happen. is against the spirit of NAFTA. I am That is the amendment. I hope both Mr. CAMPBELL. Mr. President, I ask hoping that we will be able to change sides will agree this is in everyone’s unanimous consent that this amend- that, and that is what my amendment best interests, and I hope we will be ment be set aside. The PRESIDING OFFICER. Without will attempt to do. able to vote on this or have it accepted The amendment is very simple. It di- objection, it is so ordered. early next week and that we can begin rects the U.S. Trade Representative Mr. CAMPBELL. Mr. President, I the process of making sure that the and the Secretary of the Treasury to suggest the absence of a quorum. spirit, as well as the letter, of NAFTA The PRESIDING OFFICER. The begin discussions with their counter- is applied to both sides of our relation- clerk will call the roll. parts in Mexico to achieve parity in ship with the country of Mexico. The legislative clerk proceeded to the duty-free allowance structure of all Mr. President, I ask unanimous con- call the roll. of our NAFTA countries, and the con- sent to lay the amendment aside, and Mrs. HUTCHISON. Mr. President, I cern is between Mexico and the United we will take it up at the appropriate ask unanimous consent that the order States. time. for the quorum call be rescinded. These officials will report to Con- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without gress within 90 days on the changes objection, it is so ordered. objection, it is so ordered. they are making to correct these dis- Mr. STEVENS. I suggest the absence parities. If the situation remains un- AMENDMENT NO. 943 of a quorum. changed, in 6 months these officials (Purpose: To establish parity among the The PRESIDING OFFICER. The countries that are parties to the North will propose appropriate legislation to clerk will call the roll. American Free Trade Agreement with re- bring the United States’ duty-free al- The legislative clerk proceeded to spect to the personal allowance for duty- lowance to conform to the allowance call the roll. free merchandise purchased abroad by re- levels established by Mexico and Can- Mr. STEVENS. Mr. President, I ask turning residents) ada. unanimous consent that the order for Mrs. HUTCHISON. Mr. President, I Let me give an example of what is the quorum call be rescinded. send an amendment to the desk and wrong and why this disparity exists. The PRESIDING OFFICER. Without ask for its immediate consideration. The United States provides that each objection, it is so ordered. The PRESIDING OFFICER. The U.S. resident returning from Mexico Mr. STEVENS. Mr. President, there clerk will report. has a personal exemption from duty on are several amendments now pending The assistant legislative clerk read merchandise valued at up to $400 once at the desk that will be subject to a as follows: every 30 days. Mexico, however, has a vote on Monday. I ask unanimous con- The Senator from Texas [Mrs. HUTCHISON] two-tier duty-free allowance. If you are sent that no second-degree amend- proposes an amendment numbered 943. a resident in a 25-kilometer strip along ments be in order. I understand this Mrs. HUTCHISON. Mr. President, I Mexico’s northern border, and you re- has been cleared on both sides. ask unanimous consent that the read- turn from the United States at a land The PRESIDING OFFICER. Without ing of the amendment be dispensed border crossing, you may only return objection, it is so ordered. with. with $50 in duty-free merchandise. f The PRESIDING OFFICER. Without This has become known as the $50 objection, it is so ordered. rule. It is crippling business in our bor- MORNING BUSINESS The amendment is as follows: der retailers on the U.S. side of the (During today’s session of the Sen- At the appropriate place, insert the follow- border in Texas, California, New Mex- ate, the following morning business ing new section: ico and Arizona, because if you are a was transacted.) SEC. . PERSONAL ALLOWANCE PARITY AMONG Mexican resident bringing in more f NAFTA PARTIES. than $50, you must pay a 22.8 percent (a) IN GENERAL.—The United States Trade duty rate. Now, this makes it prohibi- TRIBUTE TO COL. THOMAS L. Representative and the Secretary of the OWENS, U.S. ARMY CHIEF OF Treasury, in consultation with the Secretary tively expensive for a Mexican resident to purchase a washing machine, a re- PERSONNEL, U.S. SPECIAL OPER- of Commerce, shall initiate discussions with ATIONS COMMAND officials of the Governments of Mexico and frigerator, any kind of electronics or Canada to achieve parity in the duty-free any item costing more than $50, so it is Mr. LOTT. Mr. President, I take this personal allowance structure of the United inequitable. opportunity to recognize and say fare- States, Mexico, and Canada. We believe in the spirit of NAFTA, in well to an outstanding Army officer (b) REPORT.—The United States Trade Rep- parity, in equity, any rule you want to who has served our Nation with dis- resentative and the Secretary of the Treas- apply, that it should just be the same. tinction for the past 27 years. It is a ury shall report to Congress within 90 days 1 after the date of enactment of this Act on We have been talking about this for 3 ⁄2 privilege for me to recognize his many the progress that is being made to correct years, since I came to the Senate. The outstanding achievements and com- any disparity between the United States, border retailers in Texas told me that mend him for his service. Mexico, and Canada with respect to duty-free the $50 rule was being enforced by the A native of Brandon, MS, Colonel personal allowances. Mexican Government. I have talked to Owens attended High School in Byram, (c) RECOMMENDATIONS.—If parity with re- the officials of the Mexican Govern- MS. He graduated from the University spect to duty-free personal allowances be- ment about this. I truly believe that of Southern Mississippi, where he was tween the United States, Mexico, and Canada President Zedillo intended to do some- commissioned as a regular Army sec- is not achieved within 180 days after the date of enactment of this Act, the United States thing about it. He said he was going to ond lieutenant in June 1970. This foun- Trade Representative and the Secretary of right after he was elected. But we all dation, provided by his education and the Treasury shall submit recommendations know that the peso crisis occurred, and training in Mississippi, began his dis- to Congress for appropriate legislation. surely he had so many things on his tinguished national career. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7705 Colonel Owens has served throughout States commerce. For several months tween the U.S. or our competitors the world in defense of our Nation’s now, my colleagues on the Commerce making the sale. And, given that every freedom. He served three tours in Eu- Committee have been working to forge $1 in agricultural exports generates an rope during the Cold War against the an agreement that will deregulate additional $1.50 in economic activity, Communist block countries. These ocean shipping and allow our exporters the importance of S. 414 for not only tours were served with renowned units to compete on a more level playing the agriculture industry, but the U.S. including, VII U.S. Corps, 2d Armored field with our foreign competitors. S. economy as a whole, is clear. Division and 8th Infantry Division 414, The Ocean Shipping Reform Act of This bill has the support of many (Mechanized). While stationed in the 1997, would bring much-needed reform farm organizations; in fact, I have let- United States, Colonel Owens served to the shipping industry by injecting a ters that I would like to submit for the with the elite XVIII Airborne Corps, higher degree of competition into the record from the American Farm Bu- Fort Bragg, North Carolina. He served current conference-dominated system reau Federation, the National Pork in Desert Storm with XVIII Airborne of ocean shipping. It would also end Producers Council, the National Corps, receiving a Bronze Star for his federal government tariff filing with Cattlemen’s Beef Association, the Na- dedicated service. the Federal Maritime Commission and tional Grain and Feed Association, Colonel Owens’ current and final as- I believe that this is a significant step Farmland Industries, ConAgra, the Na- signment has been with the U.S. Spe- toward reducing red tape in this indus- tional Broiler Council, and the Amer- cial Operations Command, MacDill Air try. ican Frozen Food Institute. Addition- Force Base, Florida as Chief of Person- First of all, I want to commend those ally, many agricultural chemicals are nel. Colonel Owens’ magnificent work Senators who have played an active exported via containerized ocean ves- has ensured our Special Operations role in writing and furthering this im- sels would benefit from reduced regu- Forces personnel who are deployed portant legislation. Senators latory restraints. throughout the world in more than 50 HUTCHISON, GORTON, LOTT, and BREAUX However, while these organizations countries are always taken care of and have worked diligently to achieve a are united in their support for legisla- put in the right place at the right time. consensus among the diverse interests tion to reform ocean shipping, they The common thread throughout his in the shipping industry, and I know also share the concern I have regarding 27 years of service has been Colonel that is no small task. I also want to certain provisions of the bill in its cur- Ownes’ selfless sacrifice in doing every- commend Senator MCCAIN and his rent form. In its current form, this bill thing he could to take care of the staff, who have endeavored to find com- requires the reporting of essential con- young men and women who served mon ground with all affected parties by tract terms with the Intermodel Trans- under him as a platoon leader all the working openly and holding numerous portation Board. I must register my be- way through Brigade Commander. Mr. meetings. The result of this work is an lief that without contract confidential- President, we owe a debt of gratitude important piece of legislation on which ity the basic premise of this legisla- to Col. Tom Owens, his wife, Ulrike, I hope the Senate will be able to focus tion, to allow greater competition in son, Steve, and daughter, Audrey, for its attention in the near future. the shipping industry, is severely un- their many sacrifices during his 27-year I care about this legislation because dermined. What is gained by the ability Army career. He is a great credit to it could have a tremendous impact on to negotiate individual contracts if both the Army and the country he has the agriculture industry which is, of one’s competitors have access to the so proudly served. course, vitally important to Kansas. essential terms of the contract? On behalf of the great State of Mis- Exporting is critical to the agriculture When I voted for this bill as it was sissippi and our Nation, I wish him, as industry—overall, forty percent of passed out of the Commerce Commit- a paratrooper and distinguished sol- what we grow in the U.S. is consumed tee on May 1 it was clear that out- dier, ‘‘calm winds and soft landings, overseas. Moreover, exports will play standing concerns regarding confiden- while keeping his feet and knees into an increasingly important role in agri- tial contracting would be addressed be- the breeze’’ as he transitions into life culture because any growth in the in- fore the bill was to be considered on as a civilian. He is a soldier’s soldier. dustry will primarily come from ex- the Senate floor. It was with that un- Mr. President, I yield the floor. ports. As the incomes of people in derstanding that I supported the bill. f many developing countries increase, While I appreciate the sincere efforts they are able to afford a higher qual- that have been made to accommodate PIERRE AREA SENIOR CITIZENS ity, more diversified diet—and the U.S. the interests of exporters since that 20TH ANNIVERSARY stands ready to provide it. And, the time, my reservations remain because Mr. DASCHLE. Mr. President, I am fastest growing category of agricul- no agreement has been reached. I un- proud to honor the Pierre Area Senior tural commodities for export are high- derstand that the distinguished major- Citizens on the organization’s 20th value products, such as meat and vege- ity leader has promised to bring this birthday. This occasion is being cele- tables, which are transported in ocean bill to the floor in its current form dur- brated in Pierre, SD, this week, July containers—the type of ocean transpor- ing this Congress and that Senator 13–19, 1997. tation that is affected by this legisla- GORTON has expressed his intention to For the past 20 years, the Pierre Area tion. address the contract reporting provi- Senior Citizens has served as a means Transportation costs are a particu- sions through amendment. While I am for seniors to get together and enjoy larly important factor in achieving ag- disappointed that more reform will not the companionship of their peers. ricultural exports because transpor- be embraced in the bill that is brought It is also an active group in the civic tation typically comprises a larger pro- to the floor, I respect our leader’s view life of South Dakota’s capital city. portion of the final cost of the good and look forward to the debate that Many members of the organization are than for other industries. In fact, will ensue. volunteers, donating their time and ex- transportation is often the single larg- I want to support this legislation. I pertise for the benefit of their commu- est component of the delivered cost of support its underlying goal to reduce nity. the good, accounting for as much as 50 burdensome regulation. I believe that I want to thank the Pierre Area Sen- percent of total landed cost. The U.S. reducing regulatory hurdles that ior Citizens for their civic pride and Department of Agriculture estimates hinder the efficiency of U.S. businesses good works, and I wish them many that the agriculture industry alone is the right thing to do, and it is one of more great years of service. spends more than four billion dollars the primary reasons that I came to f each year in containerized shipping, Washington. However, to the extent and that this price includes a premium that the reforms in this bill are dimin- OCEAN SHIPPING REFORM attributable to conference market ished, my support is eroded. Mr. BROWNBACK. Mr. President, I power which is 18 percent of the cost of Nevertheless, I continue to believe in rise today to bring attention to legisla- transportation. In a business where the importance of this legislation. I tion that I believe could have a sub- sales are made or lost based on pennies hope that the Senate will take action stantial positive impact on United per pound, this is the difference be- soon so that the agriculture industry, S7706 CONGRESSIONAL RECORD — SENATE July 17, 1997 as well as all other industries which FEDERATION, As always, please contact me or David utilize containerized ocean shipping, NATIONAL CATTLEMEN’S Barrett at the NGFA if you have any ques- will be able to increase their competi- BEEF ASSOCIATION, tions. tive advantage in the global market- NATIONAL PORK PRODUCERS Sincerely, COUNCIL. KENDELL W. KEITH, place. President. There being no objection, the letters NATIONAL GRAIN AND were ordered to be printed in the FARMLAND INDUSTRIES, INC., FEED ASSOCIATION, RECORD, as follows: KANSAS CITY, MO, April 29, 1997. JUNE 4, 1997. June 4, 1997. Hon. JOHN MCCAIN, Hon. SAM BROWNBACK, Hon. SAM BROWNBACK, Chairman, Committee on Commerce, Science, U.S. Senate, Hart Senate Office Building, U.S. Senate, Washngton, DC. and Transportation, U.S. Senate, Washing- Washington, DC. DEAR SENATOR BROWNBACK: I would first DEAR SENATOR BROWNBACK: We are asking ton, DC. like to thank you for your support of S. 414, your assistance in assuring that S. 414 is en- Re: S. 414, The Ocean Shipping Reform Act of The Ocean Shipping Reform Act of 1997. In acted in a form that will enable shippers to 1997. my responsibilities with Farmland Indus- contract with ocean carriers in the same DEAR CHAIRMAN MCCAIN: We are writing in tries, Inc., I know first hand the need for manner that they now contract with motor response to last week’s staff draft of S. 414, changes in the archaic ocean shipping laws carriers and railroads. which is scheduled for mark-up by the Com- which prevent U.S. companies from being Although we support the objective of S. mittee on May 1. We are extremely con- competitive in the world marketplace. S. 414, 414, we are quite concerned about some of cerned about several provisions of last as approved by the Commerce, Science and the modifications that have been made to week’s draft, and urge the Committee to re- Transportation Committee, went a long way the bill subsequent to introduction. We urge ject S. 414 in its present form. toward improving this inequity. However, the objectionable provisions be removed before Further, the NGFA offers the following there are two areas which must be addressed the bill is sent to the Senate floor. if we are to have legislation which truly (1) We are concerned with the language comments as the Committee prepares to ad- meets this nation’s future international added that would require filing of service dress the bill and any amendments: trade needs. contracts with the Intermodal Transpor- 1. The Federal Maritime Commission Confidential Contracts.—The amendment tation Board and the publications of the es- should not be merged with the Surface offered by Senator Slade Gorton would ag- sential terms of those contracts. We believe Transportation Board. The NGFA has long gregate contract information rather than that the disclosure requirements that have advocated the elimination of the Federal publicly disclosing data in contracts between recently been incorporated into the bill Maritime Commission as an unnecessary en- ocean carriers and their customers. We be- would serve only to inhibit the ability of tity. Additionally, the STB is already in dan- lieve this excellent compromise deserves ocean carriers and shippers to negotiate con- ger of becoming an ineffective agency be- your support since it would eliminate the tracts that best serve their mutual interests. cause of inadequate funding. Indeed, the current bill’s economic disadvantage of dis- This is because disclosure will enable rate- Clinton Administration’s fiscal 1998 budget closing individual contract information to making conferences to continue to pressure proposal would fund the agency entirely our overseas competitors. This approach, individual carriers to maintain parallel pric- from user fees. The Administration’s pro- supported by Chairman John McCain in a ing of ocean transportation services. Disclo- posal would ensure that filling fees charged Journal of Commerce interview, provides the sure is not required to protect any shipper to rail users and others would rise so high as interest. Our members have contracted for U.S. ports and labor the information they to, as a practical matter, preclude recourse say they need in determining cargo flows and transportation services with railroads and before the agency. The NGFA has rec- motor carriers for many years and have long term strategic planning and at the same ommended that the STB be eliminated and time shields the specific terms of ocean found that confidentiality has encouraged the Interstate Commerce Act repealed carriers to agree to creative and responsive transportation contracts. should Congress choose not to adequately Eliminate Restrictions on Contracting.—S. terms designed to meet each customer’s dis- fund the agency. Combining the FMC and the 414, as currently drafted, would apply broad tinct transportation needs. STB would simply compound the STB’s ex- antidiscrimination provisions to all types of (2) We also believe that contracts should be isting problems. excluded from Section 10 which deals with service contracts. If these were to be put discrimination and other prohibited acts. 2. Users of ocean vessels and consumers into effect, it would be extremely difficult Contracts of motor carriers and railroads are would be better served by eliminating the for carriers to know which contract terms not subject to such antidiscrimination provi- special antitrust protection granted to liner and prices would be discriminatory. We be- sions and this has never presented any prob- vessel operators. Enforcement of U.S. anti- lieve an easy solution to this problem would lems for shippers. Even the present statute trust laws would be a more effective deter- be to apply these provisions only to con- applicable to ocean carriers, which was en- rent to discriminatory treatment than the tracts that maintain antitrust immunity acted in 1984, does not subject contracts to existing or proposed regulatory scheme. Eco- and by limiting the parties who may bring the prohibited acts section of the statute. nomic regulation of transportation carriers an action under the provisions to ports and Therefore, including them would represent a can too easily be turned into a carrier shield ocean transportation intermediaries. These significant step backwards from where we to block marketplace competition and en- changes would ensure that individual con- are at present. If there are concerns about forcement of laws, such as U.S. antitrust tracts may be entered into in a normal busi- potential abuses by carrier conferences oper- laws, that apply to shippers and other busi- ness fashion and that adequate oversight is ating under antitrust immunity, we would nesses. provided to agreement contracts. We ask your support for these changes to have no objection to making only those con- 3. The bill fails to make needed changes to S. 414 and ultimately for passage of legisla- tracts to which a conference itself is actu- the Jones Act and other cabotage laws. The tion which would encourage U.S. exports and ally a party subject to such provisions. An Jones Act, in particular, creates significant greater international trade. Thank you for alternative would be to simply prohibit con- barriers and added costs for those wishing to your serious consideration of our position ferences from entering into service con- use self-propelled bulk vessels for shipments and proposals. tracts. between domestic deepwater ports. An Yours very truly, It is our understanding that certain port ‘‘ocean shipping reform bill’’ which fails to FRED E. SCHRODT, and maritime labor interests have expressed achieve reforms in our nation’s antiquated Vice President. a need to have access to terms of transpor- and market-distorting cabotage laws should CONAGRA, INC., tation contracts for planning purposes. not move forward. Whatever information may be useful for WASHINGTON, DC, those purposes is readily available from the The NGFA is the national nonprofit trade April 29, 1997. individual carriers that serve a particular association of about 1,000 grain, feed and Hon. SAM BROWNBACK, port or that employ members of maritime processing firms comprising 5,000 facilities U.S. Senate, Washington, DC. unions. It is neither necessary nor appro- that store, handle, merchandise, mill, proc- Attention: Tim McGivern priate to subject carriers and shippers to ess and export more than two-thirds of all Subject: S. 414, The Ocean Shipping Reform burdensome regulatory requirements in U.S. grains and oilseeds utilized in domestic Act of 1997 order to provide an alternative source for and export markets. Founded in 1896, the DEAR SENATOR: We have previously written that type of information. NGFA’s members include country, terminal, to you to express our strong support for S. Again, we urge that the changes addressing and export elevators; feed mills; cash grain 414. Because we spend more than our concerns be made to S. 414 before it is and feed merchandisers; commodity futures $200,000,000,00 each year on maritime trans- sent to the Senate floor. If we can provide brokers and commission merchants; proc- portation we are vitally interested in elimi- you further information or otherwise be of essors; millers; and allied industries. The nation of artificial, outdated regulatory con- assistance to you with regard to this matter, NGFA also consists of 37 affiliated state and straints that handicap our ability to com- please let us know. regional grain and feed associations whose pete in the global marketplace. Sincerely, members include more than 10,000 grain and S. 414 is now scheduled for mark-up by the AMERICAN FARM BUREAU feed companies nationwide. Committee on Commerce, Science and July 17, 1997 CONGRESSIONAL RECORD — SENATE S7707 Transportation on May 1, 1997. We are ex- tion of essential terms of those contracts. resented the interests of frozen food manu- tremely concerned about proposed amend- Our members have contracted for transpor- facturers, processors, marketers and suppli- ments which surfaced over the weekend and tation services with railroads and motor car- ers for more than 50 years. The Institute’s would, if incorporated into the bill, represent riers for many years and have found that fil- 550 member companies account for over 90 a giant step backwards. ing of contracts with a regulatory agency is percent of the total annual production of fro- The key feature of S. 414 is the language unnecessary and needlessly burdensome. We zen food in the United States, valued at ap- that authorizes individual ocean carriers to believe that the disclosure requirements that proximately $60 billion. enter into confidential transportation con- have crept into the bill would serve only to Meaningful reform of U.S. ocean shipping tracts. Similar provisions have been in effect inhibit the ability of individual ocean car- laws is critical to foster international trade for years for virtually all other forms of riers and shippers to negotiate contracts in an increasingly global marketplace. The transportation including truckers, railroads, that best serve their mutual interests. The refinements to S. 414 recommended above barge lines and air carriers. They have prov- filing and processing of those contracts would further this goal by promoting more en to be tremendously effective in promoting would also require perpetuation of an unnec- competitive pricing and contracting for efficiency and thereby lowering transpor- essary bureaucracy, since virtually no other products which are imported from and ex- tation costs to the benefit of both carriers transportation mode is required to file its ported to overseas markets by frozen food and shippers. There is nothing unique about contracts with any regulatory agency. If processors and other U.S. shippers. maritime transportation that would cause there are concerns about potential abuses by Thank you again for the leadership you confidential contracts to be any less bene- carrier conferences operating under anti- and your Committee have demonstrated on ficial. trust immunity, we would have no objection maritime reform. If AFFI may be of assist- Amendments that are being promoted by to contracts to which a conference itself is ance to you or your staff in accomplishing foreign flag carriers and their ratemaking actually a party being subject to such provi- this shared objective, please feel free to give cartels would eviscerate the transportation sions. An alternative would be to simply pro- me a call. contract provisions of the bill. Under the hibit conferences from entering into con- Sincerely, misleading banner of antidiscrimination, the tracts. However, individual ocean carriers STEVEN C. ANDERSON, proposed amendments would: should be able to negotiate and enter into President and Chief Executive Officer. contracts in the same manner that has (1) require the filing of individual carrier f contracts with the Intermodal Transpor- worked so well for motor carriers and rail- tation Board; roads. THE VERY BAD DEBT BOXSCORE As a related matter, we believe that con- (2) require disclosure of the essential terms Mr. HELMS. Mr. President, at the of each contract; tracts should be excluded from Section 10 of (3) establish substantive standards of S. 414 which deals with discrimination and close of business yesterday, Wednes- ‘‘prejudice and disadvantage’’ that would ef- other prohibited acts. Contracts of motor day, July 16, 1997, the federal debt fectively preclude carriers from entering carriers and railroads are not subject to such stood at $5,357,953,848,082.50. (Five tril- into service contracts that are tailored to antidiscrimination provisions and this has lion, three hundred fifty-seven billion, meet the distinct needs of shippers and to never presented any problem to shippers. In nine hundred fifty-three million, eight fact, under the terms of the present statute, allow them to maximize the efficiency of hundred forty-eight thousand, eighty- their operations; and which was enacted in 1984, service contracts of ocean carriers are not subject to the pro- two dollars and fifty cents) (4) create a regulatory scheme that would One year ago, July 16, 1996, the fed- allow specious challenges to service con- hibited acts section of the statute. tracts as a pretext for obtaining access to Therefore, including them would represent eral debt stood at $5,158,430,000,000. their terms. a significant step backwards from where we (Five trillion, one hundred fifty-eight Although such provisions are supposedly are at present. billion, four hundred thirty million) We understand that certain port and mari- designed to benefit shippers, the shipper Five years ago, July 16, 1992, the fed- time labor interests have expressed a need to community overwhelmingly opposes them. have access to terms of transportation con- eral debt stood at $3,980,221,000,000. Instead of removing unnecessary regulatory tracts for planning purposes. Whatever infor- (Three trillion, nine hundred eighty burdens, these provisions would add new mation may be needed for those purposes is billion, two hundred twenty-one mil- ones. readily available from the individual carriers We urge you to oppose these amendments lion) that serve a particular port or that employ and allow S. 414 to go forward in a form that Ten years ago, July 16, 1987, the fed- members of maritime unions. It is neither would allow shippers to enter into transpor- eral debt stood at $2,318,155,000,000. necessary nor appropriate to subject carriers tation contracts with individual ocean car- (Two trillion, three hundred eighteen and shippers to burdensome regulatory re- riers in the same manner as they have done quirements in order to provide an alter- billion, one hundred fifty-five million) with all other modes for many years, with native source of such information. Fifteen years ago, July 16, 1982, the great economic benefit to both carriers and We urge that the foregoing changes be Federal debt stood at $1,083,558,000,000 shippers. made before the bill is sent to the Senate (One trillion, eighty-three billion, five If you would like further detail about our floor. If we can provide you any further in- hundred fifty-eight million) which re- concerns, we will be happy to provide it. formation or otherwise be of any assistance Best wishes, flects a debt increase of more than $4 to you with regard to this matter, please let trillion—$4,274,395,848,082.50 (Four tril- PAUL A. KORODY, us know. Vice President. Sincerely, lion, two hundred seventy-four billion, GEORGE WATTS, three hundred ninety-five million, NATIONAL BROILER COUNCIL, President. eight hundred forty-eight thousand, June 3, 1997. eighty-two dollars and fifty cents) dur- Re S. 414 Ocean Shipping Reform Act of 1997. AMERICAN FROZEN FOOD INSTITUTE, ing the past 15 years. Hon. SAM BROWNBACK, McLean, VA, June 18, 1997. f U.S. Senate, Hon. JOHN MCCAIN, Washington, DC. Chairman, Commerce, Science and Transpor- U.S. FOREIGN OIL CONSUMPTION DEAR SENATOR BROWNBACK: The National tation Committee, U.S. Senate, Washington, FOR WEEK ENDING JULY 11TH Broiler Council strongly supports the objec- DC. tive of S. 414 to allow ocean transportation DEAR SENATOR MCCAIN: On behalf of the Mr. HELMS. Mr. President, the to be more competitive by eliminating un- members of the American Frozen Institute American Petroleum Institute reports necessary regulatory burdens. Because mem- (AFFI), this letter is to urge your continued that for the week ending July 11, the bers of the Broiler Council produce poultry support for expedient final passage of S. 414, U.S. imported 7,678,000 barrels of oil that is sold for export, we have a keen inter- The Ocean Shipping Reform Act of 1977. each day, 409,000 barrels more than the est in enactment of S. 414. As S. 414 advances for consideration by the 7,269,000 imported each day during the Although we support the objective of S. full Senate, AFFI urges you and your col- 414, we are quite concerned about some of leagues on the Commerce, Science and same week a year ago. the modifications that have been made to Transportation Committee to support efforts Americans relied on foreign oil for the bill since it was originally introduced. to modify the bill as reported by the Com- 54.9 percent of their needs last week, We would urge that two amendments be mittee to maximize confidentiality in ocean and there are no signs that the upward made before the bill is sent to the Senate shipping contracting. The Institute also spiral will abate. Before the Persian floor in order to enable the shipping public urges your support for efforts to ensure that gulf war, the United States obtained to realize the full benefits in the original the broad antidiscrimination provisions in- approximately 45 percent of its oil sup- bill. cluded in the reported bill will not create a ply from foreign countries. During the We are concerned with language that has disincentive for firms to enter into individ- been inserted in the bill that would require ual contract negotiations. Arab oil embargo in the 1970’s, foreign filing of service contracts with the Inter- The American Frozen Food Institute is the oil accounted for only 35 percent of modal Transportation Board and the publica- national trade association that has rep- America’s oil supply. S7708 CONGRESSIONAL RECORD — SENATE July 17, 1997 Anybody else interested in restoring From the Committee on National Se- transmitting, pursuant to law, the notice of domestic production of oil? By U.S. curity, for consideration of defense tac- a proposed issuance of an export license; to producers using American workers? tical intelligence and related the Committee on Foreign Relations. EC–2517. A communication from the Assist- Politicians had better ponder the activitiesss: Mr. SPENCE, Mr. STUMP, ant Secretary of State (Legislative Affairs), economic calamity sure to occur in and Mr. DELLUMS. transmitting, pursuant to law, the notice of America if and when foreign producers f a proposed issuance of an export license; to shut off our supply—or double the al- the Committee on Foreign Relations. ready enormous cost of imported oil MEASURE PLACED ON THE EC–2518. A communication from the Assist- flowing into the United States—now CALENDAR ant Legal Adviser for Treaty Affairs, Depart- 7,678,000 barrels a day. The following measure was read the ment of State, the report of the texts of international agreements, other than trea- f first and second times by unanimous ties, and background statements; to the consent and placed on the calendar: MESSAGES FROM THE PRESIDENT Committee on Foreign Relations. H.R. 2158. An act making appropriations EC–2519. A communication from the Direc- Messages from the President of the for the Departments of Veterans Affairs and tor of Defense Procurement, Under Secretary United States were communicated to Housing and Urban Development, and for of Defense, transmitting, pursuant to law, the Senate by Mr. McMathran, one of sundry independent agencies, commissions, two rules received on July 14, 1997; to the his secretaries. corporations, and offices for the fiscal year Committee on Armed Services. ending September 30, 1998, and for other pur- EXECUTIVE MESSAGES REFERRED EC–2520. A communication from the Assist- poses. ant Secretary of the Navy (Installations and As in executive session the Presiding f Environment), transmitting, pursuant to Officer laid before the Senate messages law, a notice relative to outsourcing; to the from the President of the United EXECUTIVE AND OTHER Committee on Armed Services. States submitting one nomination COMMUNICATIONS EC–2521. A communication from the Sec- which were referred to the Committee retary of Defense, transmitting, pursuant to The following communications were law, the report of the TRICARE evaluation on Foreign Relations. laid before the Senate, together with (The nomination received today is plan; to the Committee on Armed Services. accompanying papers, reports, and doc- EC–2522. A communication from the Gen- printed at the end of the Senate pro- uments, which were referred as indi- eral Counsel of the Department of Defense, ceedings.) cated: transmitting, pursuant to law, the report of f EC–2508. A communication from the Dep- the Overseas Jurisdiction Advisory Commit- tee; to the Committee on Armed Services. MESSAGES FROM THE HOUSE uty Associate Director for Compliance, Roy- alty Management Program, Minerals Man- EC–2523. A communication from the Assist- ENROLLED BILL SIGNED agement Service, Department of the Inte- ant Attorney General, Office of Legislative At 12 noon, a message from the House rior, transmitting, pursuant to law, notice of Affairs, Department of Justice, transmit- of Representatives, delivered by Ms. the intention to make refunds of offshore ting, pursuant to law, the report of the Over- seas Jurisdiction Advisory Committee; to Goetz, one of its reading clerks, an- lease revenues where a refund or recoupment is appropriate; to the Committee on Energy the Committee on Armed Services. nounced that the Speaker has signed EC–2524. A communication from the Assist- and Natural Resources. the following enrolled bill: ant Secretary of Defense, transmitting, pur- EC–2509. A communication from the Acting suant to law, a report relative to activated S. 768. An act for the relief of the Michel General Counsel of the Department of En- Reservists; to the Committee on Armed Christoper Meili, Guiseppina Meili, Mirjam ergy, transmitting, pursuant to law, a rule Services. Naomi Meili, and Davide Meili. entitled ‘‘Energy Conservation Program for Consumer Products’’ (RIN1904-AA61) received f At 1:36 p.m., a message from the on July 14, 1997; to the Committee on Energy REPORTS OF COMMITTEE House of Representatives, delivered by and Natural Resources. Ms. Geotz, one of its reading clerks, an- EC–2510. A communication from the Assist- The following reports of committees nounced that the House has passed the ant General Counsel for Regulations, Depart- were submitted: following bill, in which it requests the ment of Education, transmitting, pursuant By Mr. STEVENS, from the Committee on concurrence of the Senate: to law, a rule entitled ‘‘Rehabilitation Appropriations: Short-Term Training’’ (RIN1820-ZA09) re- Special Report entitled ‘‘Further Revised H.R. 2158. An act making appropriations ceived on July 15, 1997; to the Committee on for the Departments of Veterans Affairs and Allocation to Subcommittees of Budget To- Labor and Human Resources. tals from the Concurrent Resolution for Fis- Housing and Urban Development, and for EC–2511. A communication from the Chair- sundry independent agencies, commissions, cal Year 1998’’ (Rept. No. 105–50). man and President of the John F. Kennedy By Mr. COCHRAN, from the Committee on corporations, and offices for the fiscal year Center for the Performing Arts, transmitting Appropriations, without amendment: ending September 30, 1998, and for other pur- jointly, pursuant to law, the annual report S. 1033: An original bill making appropria- poses. for calendar year 1996; to the Committee on tions for Agriculture, Rural Development, The message also announced that the Rules and Administration. Food and Drug Administration, and Related House insists upon its amendment to EC–2512. A communication from the Sec- Agencies programs for the fiscal year ending the bill (S. 858) to authorize appropria- retary of Defense, transmitting, pursuant to September 30, 1998, and for other purposes tions for fiscal year 1998 for intel- law, the second-half fiscal year 1996 semi-an- (Rept. No. 105–51). ligence and intelligence-related activi- nual report on program activities to facili- By Mr. BURNS, from the Committee on tate weapons destruction and nonprolifera- ties of the United States Government, Appropriations, with amendments: tion in the Former Soviet Union; referred H.R. 2016: A bill making appropriations for the Community Management Account, jointly, pursuant to Sec. 1208 of Public Law military construction, family housing, and and the Central Intelligence Agency 103-160, to the Committee on Appropriations, base realignment and closure for the Depart- Retirement and Disability System, and to the Committee on Armed Services, and to ment of Defense for the fiscal year ending for other purposes, and asks a con- the Committee on Foreign Relations. September 30, 1998, and for other purposes ference with Senate on the disagreeing EC–2513. A communication from the Assist- (Rept. No. 105–52). votes of the two Houses thereon; and ant Secretary of State (Legislative Affairs), By Mr. BOND, from the Committee on Ap- appoints the following Members as the transmitting, pursuant to law, the notice of propriations, without amendment: a proposed issuance of an export license; to S. 1034: An original bill making appropria- managers on the part of the House. the Committee on Foreign Relations. tions for the Departments of Veterans Af- From the Permanent Select Commit- EC–2514. A communication from the Assist- fairs and Housing and Urban Development, tee on Intelligence, for consideration of ant Secretary of State (Legislative Affairs), and for sundry independent agencies, com- the Senate bill, and the House amend- transmitting, pursuant to law, the notice of missions, corporations, and offices for fiscal ment, and modifications committed to a proposed issuance of an export license; to year ending September 30, 1998, and for other conference: Mr. GOSS, Mr. YOUNG of the Committee on Foreign Relations. purposes (Rept. No. 105–53). Florida, Mr. LEWIS of California, Mr. EC–2515. A communication from the Assist- By Mr. HELMS, from the Committee on ant Secretary of State (Legislative Affairs), Foreign Relations, without amendment: SHUSTER, Mr. MCCOLLUM, Mr. CASTLE, transmitting, pursuant to law, the notice of S. 1032: An original bill to amend the For- Mr. BOEHLERT, Mr. BASS, Mr. GIBBONS, a proposed issuance of an export license; to eign Assistance Act of 1961 with respect to Mr. DICKS, Mr. DIXON, Mr. SKAGGS, Ms. the Committee on Foreign Relations. the authority of the Overseas Private Invest- PELOSI, Ms. HARMAN, Mr. SKELTON, and EC–2516. A communication from the Assist- ment Corporation to issue insurance and ex- Mr. BISHOP. ant Secretary of State (Legislative Affairs), tend financing. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7709 By Mr. HELMS, from the Committee on Schedule A.—Political Contributions By Gordon traordinary and Plenipotentiary of the Unit- Foreign Relations, without amendment and D. Giffin and Patti A. Giffin—Continued ed States of America to the Kingdom of with a preamble: Nepal. S. Con. Res. 40: An original concurrent res- 8/29/93 Marvin Arrington Com- The following is a list of all members of olution expressing the sense of Congress re- mittee (City Council) (GDG) .. $250 my immediate family and their spouses. I garding the OAS–CIAV Mission in Nicaragua. 10/15/93 Miller for Governor (Ga) have asked each of these persons to inform S. Con. Res. 41: An original concurrent res- Committee (GDG) ...... $1,000 me of the pertinent contributions made by olution calling for a United States initiative 10/26/93 John O’Callaghan Com- them. To the best of my knowledge, the in- seeking a just and peaceful resolution of the mittee (GDG) ...... $125 formation contained in this report is com- situation on Cyprus. 1993: Long, Aldridge & Norman plete and accurate. f State Political Committee Nominee: Ralph Frank. (GDG) ...... $615 Post: Nepal. EXECUTIVE REPORTS OF 1994: Contributions, amount, date, donee COMMITTEES 2/1/94 Chuck Robb Committee 1. Self, none. 2. Spouse, Susan Kathryn Gundersen, none. The following executive reports of (GDG) ...... $100 2/18/94 Wendy Shoob Committee 3. Children and Spouses Names, Erik Chris- committees were submitted: (Superior Court) (GDG) ...... $25 tian Gundersen-Frank, none. Kathryn Jean By Mr. THURMOND, from the Committee 1994: Long, Aldridge & Norman Gundersen-Frank, none. on Armed Services: State Political Committee 4. Parents names, Lloyd I. Frank, de- Rudy deLeon, of California, to be Under (GDG) ...... $200 ceased. Jean C. Frank, deceased. Secretary of Defense for Personnel and Read- 6/6/94 Darden for Congress 5. Grandparents: Names Ralph C. Conrad, iness. (GDG) ...... $500 deceased. Elsie Frank, deceased. (The above nominations were re- 6/30/94 Kennedy for Senate 6. Brothers and Spouses Names, none. ported with the recommendation that (GDG) ...... $200 7. Sisters and Spouses Names, none. David J. Scheffer, of Virginia, to be Am- he be confirmed, subject to the nomi- 1995: 6/5/95 Clinton-Gore Committee bassador at Large for War Crimes Issues. nee’s commitment to respond to re- (During the year Patti con- The following is a list of all members of quests to appear and testify before any tributed $50 to Women’s Lead- my immediate family and their spouses. I duly constituted committee of the Sen- ership Forum of DNC) (GDG) $1,000 have asked each of these persons to inform ate.) 1996: me of the pertinent contributions made by By Mr. HELMS, from the Committee on 2/8/96 Cindy Wright Committee them. To the best of my knowledge, the in- Foreign Relations: (Superior Court) (GDG) ...... $100 formation contained in this report is com- Karl Frederick Inderfurth, of North Caro- 3/12/96 Yates Committee (PAG) $250 plete and accurate. lina, to be Assistant Secretary of State for 3/25/96 Wendy Shoob Committee Nominee: David John Scheffer. South Asian Affairs. (Superior Court) (GDG) ...... $25 Post: Ambassador at Large for War Crimes. Linda Jane Zack Tarr-Whelan, of Virginia, 3/25/96 Max Cleland Committee Contributions, Amount, Date, Donee for the rank of Ambassador during her ten- (GDG) ...... $500 1. Self, none. 2. Spouse Michelle M. Huhnke, none. ure of service as United States Representa- 4/8/96 Alice Bonner Committee 3. Children and Spouses Names, Katherine tive to the Commission on the Status of (Superior Court) (GDG) ...... $100 M. Scheffer, none. Women of the Economic and Social Council 4/21/96 Robert Benham Commit- 4. Parents Names, Barbara Scheffer (de- of the United Nations. tee (Supreme Court) (GDG) ... $100 ceased). Walter F. Scheffer Richard Sklar, of California, to be Rep- 5/14/96 Craig Dowdy Committee resentative of the United States of America (State Legislature) (GDG) ..... $200 DNC ...... 1997 $75 to the United Nations for UN Management 9/24/96 Max Cleland Committee DNC ...... 1996 $200 and Reform, with the Rank of Ambassador. (GDG) ...... $500 John Kerry Senate Campaign 1996 $20 A. Peter Burleigh, of California, a Career 10/4/96 David Bell Committee Ted Kennedy Senate Cam- Member of the Senior Foreign Service, Class (GDG) ...... $250 paign ...... 1996 $25 of Minister-Counselor, to be the Deputy Rep- 4/18/96 Victory ’96—State Party DNC ...... 1995 $50 resentative of the United States of America (Joint) ...... $80 Clinton-Gore Primary Com- to the United Nations, with the rank and 1997: None. mittee ...... 1995 $50 status of Ambassador Extraordinary and John C. Holzman, of Hawaii, a Career Diane Feinstein Senate Cam- Plenipotentiary. Member of the Senior Foreign Service, Class paign ...... 1994 $500 Gordon D. Giffin, of Georgia, to be Ambas- of Counselor, to be Ambassador Extraor- dinary and Plenipotentiary of the United 5. Grandparents Names, deceased. sador Extraordinary and Plenipotentiary of 6. Brothers and Spouses Names, none. the United States of America to Canada. States of America to the People’s Republic of Bangladesh. Sisters and Spouses Names, Claudia and The following is a list of all members of Michael Gallo. my immediate family and their spouses. I The following is a list of all members of my immediate family and their spouses. I Paula and George Lader, none. have asked each of these persons to inform Nicole Scheffer, none. me of the pertinent contributions made by have asked each of these persons to inform them. To the best of my knoweldge, the in- me of the pertinent contributions made by (The above nominations were re- formation contained in this report is com- them. To the best of my knowledge, the in- ported with the recommendation that plete and accurate. formation contained in this report is com- they be confirmed, subject to the nomi- Nominee: Gordon D. Giffin. plete and accurate. nees’ commitment to respond to re- Post: Ambassador to Canada. Nominee: John C. Holzman. quests to appear and testify before any Contributions, Amount, Date Donee Post: Ambassador to Bangladesh. Contributions, Amount, Date, Donee duly constituted committee of the Sen- 1. Self, See attached schedule. ate.) 2. Spouse, See attached schedule. 1. Self, John C. Holzman, None. 3. Children and Spouses Names, Kelley 2. Spouse, M. Kim Hom, None. Mr. HELMS. Mr. President, for the Giffin, none. 3. Children and Spouses: Leah A. Holzman, Committee on Foreign Relations, I also 4. Parents Names, Earl K. Giffin—De- None. Nicole K. Holzman, None. Alexandra report favorably two nomination lists ceased—none. V. Holzman, None. in the Foreign Service which were 4. Parents, Josef J. Holzman, deceased. Sarah Gwen Giffin—Retired—none. printed in full in the CONGRESSIONAL Virginia S. Holzman, deceased. 5. Grandparents Names, all grandparents RECORDS of February 13 and April 25, have been deceased for more than ten years. 5. Grandparents: Wiliam Stewart, deceased. Ellen McGinn Stewart, deceased. Zelik 1997, and ask unanimous consent, to I am confident that no political contribu- save the expense of reprinting on the tions were made by them in the last thirty Holzman, deceased. Esther Holzman, de- years. ceased. Executive Calendar, that these nomi- 6. Brothers and Spouses Names, none. 6. Brothers and Spouses: Alan S. Holzman, nations lie at the Secretary’s desk for 7. Sisters and Spouses Names, Cheryl $100, 1992/3, John Felix, Candidate for Hono- the information of Senators. Carter—none. Richard Carter—none. lulu Councilman, $100, 1993/94, Arnold The PRESIDING OFFICER. Without Morgado, Candidate for Honolulu Mayor. objection, it is so ordered. Schedule A.—Political Contributions By Gordon David H. Holzman, None. Diane Holzman D. Giffin and Patti A. Giffin (Spouse), none. (The nominations ordered to lie on 1993: 7. Sisters and Spouses: Esther E. Holzman, the Secretary’s desk were printed in 4/19/93 Chuck Robb Committee none. the RECORDS of February 13 and April (GDG) ...... $100 Ralph Frank, of Washington, a Career 25, 1997, at the end of the Senate pro- 3/17/93 Don Johnson Committee Member of the Senior Foreign Service, Class ceedings.) (GDG) ...... $100 of Minister-Counselor, to be Ambassador Ex- S7710 CONGRESSIONAL RECORD — SENATE July 17, 1997 Nomination in the Foreign Service: and for sundry independent agencies, com- globe, native Americans have served Marilyn E. Hulbert received by the missions, corporations, and offices for fiscal and continue to serve the United Senate and appeared in the RECORD of year ending September 30, 1998, and for other States honorably. It may surprise some February 13, 1997 purposes; from the Committee on Appropria- members to know that native Ameri- tions; placed on the calendar. Nominations in the Foreign Services: By Mr. REED (for himself, Mr. cans served, suffered, and died in serv- Beginning John R. Swallow and ending TORRICELLI, Mr. CHAFEE, and Mr. ice to this Nation even though they George S. Dragnich received by the LAUTENBERG): were not allowed to be citizens until Senate and appeared in the RECORD of S. 1035. A bill to establish a moratorium on 1924. April 25, 1997. large fishing vessels in Atlantic herring and As a veteran I feel a special kinship f mackerel fisheries; to the Committee on with all those men and women who Commerce, Science, and Transportation. served this Nation in peacetime and in INTRODUCTION OF BILLS AND By Mr. ALLARD (for himself and Mr. war. As an Indian veteran I am keenly JOINT RESOLUTIONS CAMPBELL): aware of the dedicated service Indians, S. 1036. A bill to amend section The following bills and joint resolu- 435(d)(1)(A)(ii) of the Higher Education Act Alaskans, and Hawaiians have given— tions were introduced, read the first of 1965 with respect to the definition of an el- often without recognition of their sac- and second time by unanimous con- igible lender; to the Committee on Labor and rifice. sent, and referred as indicated: Human Resources. How can we compensate these men By Mr. GRAMS (for himself, Mr. By Mr. JEFFORDS (for himself, Mr. and women for making the greatest D’AMATO, Mr. SARBANES, Ms. DODD, and Mr. ENZI): sacrifice they could? There is no dollar MOSELEY-BRAUN, Mr. MCCONNELL, S. 1037. A bill to amend the Internal Reve- value we can place on a life. At the and Mr. LEAHY): nue Code of 1986 to establish incentives to in- very least, we must provide the basic S. 1026. A bill to reauthorize the Export- crease the demand for and supply of quality child care, to provide incentives to States benefits of health care, housing, and Import Bank of the United States; to the education to those that laid down their Committee on Banking, Housing, and Urban that improve the quality of child care, to ex- Affairs. pand clearing-house and electronic networks lives for America. By Mr. CAMPBELL (for himself, Mr. for the distribution of child care informa- Since 1992, the Department of Veter- JOHNSON, Mr. DOMENICI, and Mr. tion, to improve the quality of child care ans Affairs has operated a direct hous- HATCH): provided through Federal facilities and pro- ing loan program to help native Amer- S. 1027. A bill to extend the Native Amer- grams, and for other purposes; to the Com- ica veterans build decent homes. I was ican veteran direct housing loan pilot pro- mittee on Finance. amazed to find out that in the last 5 gram, and for other purposes; to the Com- f years, that program had provided eight mittee on Veterans Affairs. Indian veterans with loans. By Mrs. FEINSTEIN (for herself and SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS That is not an indication that all In- Mrs. BOXER): dian veterans have no housing needs. S. 1028. A bill to direct the Secretary of The following concurrent resolutions During a hearing on veterans issues, Agriculture to conduct a pilot project on and Senate resolutions were read, and designated lands within Plumas, Lassen, and members of the Indian Affairs Commit- Tahoe National Forests in the State of Cali- referred (or acted upon), as indicated: tee saw videotape of the houses used by fornia to demonstrate the effectiveness of By Mr. HELMS: Navajo veterans. They looked like the resource management activities pro- S. Con. Res. 40. An original concurrent res- something you would see in a Third posed by the Quincy Library Group and to olution expressing the sense of Congress re- World nation, not America. Houses had amend current land and resource manage- garding the OAS–CIAV Mission in Nicaragua; from the Committee on Foreign Relations; holes in their roofs and walls and plas- ment; to the Committee on Energy and Nat- tic sheets for windows. Many houses do ural Resources. placed on the calendar. By Mr. DEWINE (for himself and Mr. By Mr. HELMS: not have working plumbing and water WELLSTONE): S. Con. Res. 41. An original concurrent res- has to be carried from miles away. This S. 1029. A bill to provide loan forgiveness olution calling for a United States initiative is certainly not the appreciation and for individuals who earn a degree in early seeking a just and peaceful resolution of the respect war veterans deserve. childhood education, and enter and remain situation on Cyprus; from the Committee on Native Americans seeking home employed in the early child care profession, Foreign Relations; placed on the calendar. loans face many obstacles unique to In- to provide loan cancellation for certain child f dian country, including poor economic care providers, and for other purposes; to the conditions and the fact that the land Committee on Labor and Human Resources. STATEMENTS ON INTRODUCED By Mr. FRIST (for himself and Mr. BILLS AND JOINT RESOLUTIONS cannot be used as collateral. But the most surprising revelation at the com- WELLSTONE): By Mr. CAMPBELL (for himself, S. 1030. A bill to amend title IV of the Pub- mittee’s hearing was that the majority Mr. JOHNSON, Mr. DOMENICI, and lic Health Service Act to establish a Na- of Indian veterans seem to have little tional Center for Bioengineering Research; Mr. HATCH): or no knowledge that the VA’s direct to the Committee on Labor and Human Re- S. 1027. A bill to extend the native loan program exists. If they do, many sources. American veteran direct housing loan do not know how or where to apply. By Mr. GRASSLEY (for himself and pilot program, and for other purposes; The Government has no problem find- Mr. D’AMATO): to the Committee on Veterans’ Affairs. S. 1031. A bill to protect Federal law en- ing these men and women when it is forcement officers who intervene in certain NATIVE AMERICAN VETERANS HOUSING LOAN time to draft them to fight in a war. situations to protect life or prevent bodily IMPROVEMENTS LEGISLATION But when it is time to pay them back injury; to the Committee on the Judiciary. Mr. CAMPBELL. Mr. President, I am for their sacrifice, the effort just is not By Mr. HELMS: pleased today to introduce legislation there. S. 1032. An original bill to amend the For- to extend and improve the native That is why the bill I introduce eign Assistance Act of 1961 with respect to American veteran direct loan pilot pro- today does more than extend the direct the authority of the Overseas Private Invest- gram. I am pleased to add Senators loan program for 3 years. It includes ment Corporation to issue insurance and ex- JOHNSON, DOMENICI, and HATCH as co- measures to boost the Department of tend financing; from the Committee on For- eign Relations; placed on the calendar. sponsors of this legislation. Veterans Affairs’ efforts to implement By Mr. COCHRAN: America’s most important resource the direct loan program for native S. 1033. An original bill making appropria- has always been the individuals willing American veterans. The bill places new tions for Agriculture, Rural Development, to lay down their lives for their coun- requirements on the Department to Food and Drug Administration, and Related try. Throughout our history we have consult with tribal organizations, na- Agencies programs for the fiscal year ending been blessed with men and women will- tive veterans organizations, and other September 30, 1998, and for other purposes; ing to put themselves at risk for the groups prior to making decisions under from the Committee on Appropriations; greater good. the act. It also expresses Congress’s de- placed on the calendar. By Mr. BOND: Native Americans have been proud to sire that the Department carry out vig- S. 1034. An original bill making appropria- be a part of this Nation’s defense. From orous outreach and education efforts to tions for the Departments of Veterans Af- the revolutionary era to our ongoing inform potential beneficiaries of the fairs and Housing and Urban Development, peacekeeping missions around the housing assistance benefits under the July 17, 1997 CONGRESSIONAL RECORD — SENATE S7711 act. The bill requires the Department under subchapter V of chapter 37 of title 38, S. 1028. A bill to direct the Secretary to submit annual reports to the Com- United States Code. of Agriculture to conduct a pilot mittee on Indian Affairs, the House Re- SEC. 5. ANNUAL REPORTS. project on designated lands within sources Committee, and the Veterans’ Section 8(d) of the Veterans Home Loan Plumas, Lassen, and Tahoe National Committees of both Chambers contain- Program Amendments of 1992 (Public Law Forests in the State of California to 102–547; 106 Stat. 3640; 38 U.S.C. 3761 note) is demonstrate the effectiveness of the ing a description of the outreach ac- amended— tivities undertaken by the VA on a re- (1) in the matter preceding paragraph (1)— resource management activities pro- gional basis, with a second mandate (A) by striking out ‘‘1998,’’ and inserting in posed by the Quincy Library Group and that the VA conduct an assessment of lieu thereof ‘‘2001,’’; and to amend current land and resource how effective these efforts have been in (B) by inserting ‘‘, the Committee on In- management; to the Committee on En- encouraging greater use of the loan dian Affairs of the Senate, and the Commit- ergy and Natural Resources. program. tee on Resources of the House of Representa- THE QUINCY LIBRARY GROUP FOREST RECOVERY We must honor the service and sac- tives’’ after ‘‘the House of Representatives’’; AND ECONOMIC STABILITY ACT OF 1997 (2) by striking out ‘‘and’’ at the end of Mrs. FEINSTEIN. Mr. President, rifice of our warriors. We must recog- paragraph (3); nize the sacrifice they have made for (3) by redesignating paragraph (4) as para- today Senator BARBARA BOXER and I all of us. The direct loan program is an graph (5); and are introducing the Quincy Library ambitious idea designed to help our (4) by inserting after paragraph (3) the fol- Group Forest Recovery and Economic veterans with the most basic human lowing new paragraph (4): Stability Act of 1997. This legislation is need: a roof over their heads. It should ‘‘(4) a description of the outreach activities nearly identical to H.R. 858 sponsored not sit unused because of bureaucratic undertaken by the Secretary under section in the House of Representatives by 3762(i) of such title (as so added) which— complacency. It is my hope that this Congressman WALLY HERGER and ‘‘(A) specifies such activities on a region- passed by the House last week on a reauthorization, with the appropriate by-region basis; and changes, will jumpstart the Depart- ‘‘(B) assesses the effectiveness of such ac- vote of 429 to 1. ment’s efforts to make the program tivities in encouraging the participation of The House vote is remarkable for two available to native veterans and help Native American veterans in the pilot pro- reasons: First, any legislation involving a them use it. I believe it is the least we gram; and’’. controversial issue—particularly on can do. I urge my colleagues to join me ETERANS IRECT OUSING OAN ILOT one as contentious as forest manage- in supporting this critical legislation. V D H L P PROGRAM—SECTION-BY-SECTION ANALYSIS ment —that receives 429 votes is re- Mr. President, I ask unanimous con- markable in and of itself. sent that the text of the bill and a sec- Background. Begun in 1992, the Native American Veterans Housing Program is due Second, the process by which this tion-by-section analysis be printed in to be reauthorized. The account retains some legislation evolved is really, I think, the RECORD. $3.5 million of an original $5 million appro- groundbreaking, and it deserves to be There being no objection, the mate- priation. Since 1992, the performance of the recognized. rial was ordered to be printed in the Veterans Administration in distributing this I first met the Quincy Library Group RECORD, as follows: money to Indians is poor, especially com- back in 1992 when I was running for the S. 1027 pared with the experience of the Native Ha- waiians and Pacific Islanders. The goal of Senate, and was then very impressed Be it enacted by the Senate and House of Rep- the amendments is to get the VA to do its with what they were trying to do. resentatives of the United States of America in job better in Indian country. The reasons ad- The overwhelming House vote is a Congress assembled, duced by the VA for the poor performance real victory for local communities like SECTION 1. FINDINGS. are not convincing. Quincy which seek to avoid the polariz- Congress makes the following findings: Section 1. New Findings Section. This sec- ing—and often paralyzing—battles that (1) Native Americans across the United tion recognizes Indians’ long and historic have characterized forest management States have a long, proud, and distinguished contributions made to the Armed Forces and issues for the last decade. tradition of service in the Armed Forces of defense of the United States. This section the United States. The Quincy Library Group is a local also recognizes the acute need for housing coalition of timber industry represent- (2) Native Americans have historically among the more than 200,000 native veterans, served in the Armed Forces in numbers and the unique impediments native veterans atives, environmentalists, citizens, and which far exceed their representation in the face due to poor economic conditions on the elected officials in Plumas, Lassen, and population of the United States. reservation, and the inability to securitize Sierra Counties, CA, who came to- (3) Native Americans have lost their lives Indian trust lands. gether to resolve their long-standing in the service of the United States and in the Section 2. Extension of Program. The bill conflicts over timber management on cause of peace. would extend the authority for the program the national forest lands in their area. (4) The demand for safe, decent, and afford- for 3 years, to September 30, 2000. They had seen first hand the seem- able housing among the 210,000 Native Amer- Section 3. Outreach. Most of the discern- ican veterans in the United States is acute. ingly ever present conflict between ible problems in the implementation of this timber harvesting and jobs, environ- (5) Native American veterans face unique program involve a lack of knowledge about impediments to the use of traditional hous- the program by Indians and lack of proactive mental laws and protection of their ing programs to benefit veterans such as endeavors by the VA to disseminate informa- communities and forests, and the dev- poor economic conditions, the legal status of tion about the program through Indian coun- astation of massive forest fires. They Indian trust lands, and the lack of incentives try. The bill would place new requirements also saw that a practical solution to for lenders to make loans on trust lands. on the VA to consult with tribal organiza- the conflict between timber interests SEC. 2. EXTENSION OF DIRECT HOUSING LOAN tions, native veterans organizations, and and environmental interests were both PILOT PROGRAM. other groups prior to making decisions under going to be wiped out one day by un- Section 3761(c) of title 38, United States the act. controllable wildfires. And so they Code, is amended by striking out ‘‘Septem- Section 4. Consultation with Native Amer- ber 30, 1997’’ and inserting in lieu thereof ican Veterans Organizations. This new sec- tried to get together and talk things ‘‘September 30, 2000’’. tion requires the VA to consult with native out. SEC. 3. OUTREACH. veterans organizations in implementing the They decided to meet in a quiet, non- Section 3762(i) of title 38, United States act. confrontational environment—the Code, is amended— Section 5. Annual Reports. The VA is re- main room of the Quincy Public Li- (1) by inserting ‘‘, in consultation with quired to submit annual reports to the Com- brary. Hence, they became known as tribal organizations and Native American mittee on Indian Affairs, the House Re- the Quincy Library Group. veterans organizations,’’ after ‘‘The Sec- sources Committee, and the veterans com- They began their dialog in the rec- retary shall’’; and mittees of both Chambers containing a de- ognition that they shared the common (2) by striking out ‘‘tribal organizations scription of the outreach activities under- goal of fostering forest health, ecologi- and’’. taken by the VA on a regional basis, with a cal integrity, an adequate timber sup- SEC. 4. CONSULTATION WITH NATIVE AMERICAN second mandate that the VA conduct an as- VETERANS ORGANIZATIONS. sessment of the efficacy of such activities in ply for area mills, and economic stabil- The Secretary of Veterans Affairs shall encouraging greater use of the program. ity for their community. consult with Native American veterans orga- So, after a year-and-a-half of nego- nizations in carrying out the Native Amer- By Mrs. FEINSTEIN (for herself tiation, the Quincy Library Group de- ican veterans direct housing loan program and Mrs. BOXER): veloped an alternative management S7712 CONGRESSIONAL RECORD — SENATE July 17, 1997 plan for the Lassen National Forest, Requires an annual report to Con- The bottom line is that, as long as Plumas National Forest, and gress on the status of the pilot project, certain basic standards of environ- Sierraville Ranger District of the including the source and use of funds, mental law are met, this pilot project Tahoe National Forest. the acres treated and description of the will demonstrate whether a local ini- This legislation is the result. The bill results, economic benefits to the local tiative can be successful in developing we introduce today implements the communities, and activities planned a forest management plan that works Quincy Library Group’s plan. for the following year; and finally, to protect the old growth trees, endan- I know that some environmental or- Requires a scientific assessment of gered species, and jobs for the commu- ganizations had concerns about aspects the Quincy Library Group project to be nity. of this legislation, and some may still commenced at the midpoint of the And based on that belief I am pleased oppose it. project and submitted to Congress by to support their efforts by sponsoring But let me make something very July 1, 2002. this legislation in the U.S. Senate. clear: As I stated when I met with the At the suggestion of the environ- Mr. President, I ask unanimous con- Quincy Library Group, in order to have mental community, and with the con- sent that the text of the bill be printed my support, the legislation had to ex- currence of the Quincy Library Group, in the RECORD. plicitly state that all activities would I have added language to the House There being no objection, the bill was be carried out consistent with all appli- version of the bill to provide additional ordered to be printed in the RECORD, as cable Federal environmental laws, both environmental safeguards. These addi- follows: substantive and procedural. The ad- tions will ensure that there will be no S. 1028 ministration made this requirement road building or timber harvesting on Be it enacted by the Senate and House of Rep- clear as well. the lands the Quincy Library Group resentatives of the United States of America in The House bill and this legislation do plan designated as off base, plan des- Congress assembled, so. ignates certain lands as deferred, and SECTION 1. SHORT TITLE. Another condition for my support, require the annual reports and the This Act may be cited as the ‘‘Quincy Li- and that of the administration, was final report on the Quincy Library brary Group Forest Recovery and Economic that the legislation must authorize suf- Group project to include a report on Stability Act of 1997’’. ficient funds to carry out the plan, so any adverse environmental impacts of SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO that funds will not be diverted from the pilot project. Finally, it is our in- IMPLEMENT QUINCY LIBRARY other important programs like wildlife tention that areas of late successional GROUP PROPOSAL. protection, grazing and recreation. emphasis identified in the Sierra Ne- (a) DEFINITION.—For purposes of this sec- The House bill and this legislation vada ecosystem project report also be tion, the term ‘‘Quincy Library Group-Com- authorize appropriations to do so. protected from resource management munity Stability Proposal’’ means the agree- With these key provisions in place, I activities during the pilot project, and ment by a coalition of representatives of I will seek committee report language fisheries, timber, environmental, county believe this legislation deserves strong government, citizen groups, and local com- support and swift passage. on this issue. munities that formed in northern California Specifically, this legislation: What all this means is that as a re- to develop a resource management program Directs the Secretary of Agriculture sult of the Quincy Library Group pilot that promotes ecologic and economic health to implement the Quincy Library project: for certain Federal lands and communities in Group’s forest management proposal The threat of catastrophic forest the Sierra Nevada area. Such proposal in- on designated lands in the Plumas, fires will be reduced, through the clear- cludes the map entitled ‘‘QUINCY LIBRARY Lassen, and Tahoe National Forests for ing of underbrush and thinning of the GROUP Community Stability Proposal’’, dated June 1993, and prepared by VESTRA 5 years as a demonstration of commu- smaller trees; Enough jobs in the forests will be Resources of Redding, California. nity-based consensus forest manage- (b) PILOT PROJECT REQUIRED.— ment; provided to keep the local mills in op- eration and the communities in exist- (1) PILOT PROJECT AND PURPOSE.—The Sec- Protects the California spotted owl retary of Agriculture (in this section re- and riparian areas by excluding all ence; and ferred to as the ‘‘Secretary’’), acting through Forest health will be improved, ripar- spotted owl habitat in the pilot project the Forest Service and after completion of ian areas will be restored, and biologi- area from logging and other resource an environmental impact statement (a cal diversity maintained. management activities during the 5- record of decision for which shall be adopted Mr. President, I believe the Quincy within 200 days), shall conduct a pilot year pilot project, and requiring the Library Group deserves a great deal of project on the Federal lands described in Forest Service to follow the scientific credit and respect for approaching a paragraph (2) to implement and demonstrate analysis team guidelines for riparian tough issue with the goal of finding the effectiveness of the resource manage- system protection; common ground. ment activities described in subsection (d) Calls for the construction of fuel There is a lot of common ground. and the other requirements of this section, breaks on 40,000 to 60,000 acres a year; They all live in the area. They all work as recommended in the Quincy Library Group-Community Stability Proposal. Provides for group selection on 0.57 there. They raise their children there. (2) PILOT PROJECT AREA.—The Secretary percent of the project area annually as They all care about both the environ- well as individual tree selection un- shall conduct the pilot project on the Fed- ment and the industry that provides eral lands within Plumas National Forest, even-aged forest management; jobs to the region. They wanted to Lassen National Forest, and the Sierraville Limits the total acreage subject to work out a solution instead of continu- Ranger District of Tahoe National Forest in forest management activities to 70,000 ing the take-no-prisoners-approach of the State of California designated as ‘‘Avail- acres annually; endless litigation and standoff. able for Group Selection’’ on the map enti- Requires a program of riparian man- I believe the solution-based approach tled ‘‘QUINCY LIBRARY GROUP Commu- agement, including wide protection demonstrated by the Quincy Library nity Stability Proposal’’, dated June 1993 (in this section referred to as the ‘‘pilot project zones and riparian restoration projects; Group should be supported by the Con- Requires the preparation of an envi- area’’). Such map shall be on file and avail- gress, and that is why I committed able for inspection in the appropriate offices ronmental impact statement prior to months ago to introduce legislation of the Forest Service. the commencement of the pilot based on this group’s efforts. (c) EXCLUSION OF CERTAIN LANDS, RIPARIAN project; On an issue like forest management PROTECTION AND COMPLIANCE.— Authorizes the appropriation of funds and timber harvesting, many local (1) EXCLUSION.—All spotted owl habitat to carry out the Quincy Library Group variables are involved and must be con- areas and protected activity centers located pilot project; sidered to find workable solutions: within the pilot project area designated Directs the Forest Service to amend For example, the wildfire threat in under subsection (b)(2) will be deferred from the land and resource management resource management activities required Tennessee is not the same as it is in under subsection (d) and timber harvesting plans for the Plumas, Lassen, and California. during the term of the pilot project. Tahoe National Forests to consider And the economic impact of the tim- (2) IN GENERAL.—The Regional Forester for adoption of the Quincy Library Group ber industry may be different in Region 5 shall direct that during the term of plan in the forest management plans; Hayfork, CA than it is in Juneau, AK. the pilot project any resource management July 17, 1997 CONGRESSIONAL RECORD — SENATE S7713 activity required by subsection (d), all road the House and Senate Committees on Appro- cy Library Group Community Stability Pro- building, and all timber harvesting activities priations— posal; and shall not be conducted on the Federal lands (A) those funds specifically provided to the (2) makes other changes warranted by the within the Plumas National Forest, Lassen Forest Service by the Secretary to imple- analyses conducted in compliance with sec- National Forest, and Sierraville Ranger Dis- ment resource management activities ac- tion 102(2) of the National Environmental trict of the Tahoe National Forest in the cording to the Quincy Library Group-Com- Policy Act of 1969 (42 U.S.C. 4332(2)), section State of California that designated as either munity Stability Proposal; and 6 of the Forest and Rangeland Renewable Re- ‘‘Off Base’’ or ‘‘Deferred’’ on the map re- (B) excess funds that are allocated for the sources Planning Act of 1974 (16 U.S.C. 1604), ferred to in subsection (a). administration and management of Plumas and other applicable laws. (3) RIPARIAN PROTECTION.— National Forest, Lassen National Forest, (j) REPORTING REQUIREMENTS.— (A) IN GENERAL.—The Scientific Analysis and the Sierraville Ranger District of Tahoe (1) IN GENERAL.—Not later than February Team guidelines for riparian system protec- National Forest. 28 of each year during the term of the pilot tion described in subparagraph (B) shall (2) PROHIBITION ON USE OF CERTAIN FUNDS.— project, the Secretary after consultation apply to all resource management activities The Secretary may not conduct the pilot with the Quincy Library Group, shall submit conducted under subsection (d) and all tim- project using funds appropriated for any to Congress a report on the status of the ber harvesting activities that occur in the other unit of the National Forest System. pilot project. The report shall include at pilot project area during the term of the (3) FLEXIBILITY.—Subject to normal re- least the following: pilot project. programming guidelines, during the term of (A) A complete accounting of the use of (B) GUIDELINES DESCRIBED.—The guidelines the pilot project, the forest supervisors of funds made available under subsection referred to in subparagraph (A) are those in Plumas National Forest, Lassen National (f)(1)(A) until such funds are fully expended. the document entitled ‘‘Viability Assess- Forest, and Tahoe National Forest may allo- (B) A complete accounting of the use of ments and Management Considerations for cate and use all accounts that contain excess funds and accounts made available under Species Associated with Late-Successional funds and all available excess funds for the subsection (f)(1) for the previous fiscal year, and Old-Growth Forests of the Pacific North- administration and management of Plumas including a schedule of the amounts drawn west’’, a Forest Service research document National Forest, Lassen National Forest, from each account used to perform resource dated March 1993 and co-authored by the Sci- and the Sierraville Ranger District of Tahoe management activities described in sub- entific Analysis Team, including Dr. Jack National Forest to perform the resource section (d). Ward Thomas. management activities described in sub- (C) A description of total acres treated for (4) COMPLIANCE.—All resource management section (d). each of the resources management activities activities required by subsection (d) shall be (4) RESTRICTION.—The Secretary or the for- required under subsection (d), forest health implemented to the extent consistent with est supervisors, as the case may be, shall not improvements, fire risk reductions, water applicable Federal law and the standards and utilize authority provided under paragraphs yield increases, and other natural resources- guidelines for the conservation of the Cali- (1)(B) and (3) if, in their judgment, doing so related benefits achieved by the implementa- fornia spotted owl as set forth in the Califor- will limit other nontimber related multiple tion of the resource management activities nia Spotted Owl Sierran Provence Interim use activities for which such funds were described in subsection (d). Guidelines, or the subsequently issued final available. (D) A description of the economic benefits guidelines whichever is in effect. (5) OVERHEAD.—Of amounts available to to communities achieved by the implementa- (d) RESOURCE MANAGEMENT ACTIVITIES.— carry out this section— tion of the pilot project. During the term of the pilot project, the Sec- (A) not more than 12 percent may be used (E) A comparison of the revenues gen- retary shall implement and carry out the fol- or allocated for general administration or erated by, and costs incurred in, the imple- lowing resource management activities on other overhead; and mentation of the resource management ac- an acreage basis on the Federal lands in- (B) at least 88 percent shall be used to im- tivities described in subsection (d) of the cluded within the pilot project area des- plement and carry out activities required by Federal lands included in the pilot project ignated under subsection (b)(2): this section. area with the revenues and costs during each (1) FUELBREAK CONSTRUCTION.—Construc- (6) AUTHORIZED SUPPLEMENTAL FUNDS.— of the fiscal years 1992 through 1997 for tim- tion of a strategic system of defensible fuel There are authorized to be appropriated to ber management of such lands before their profile zones, including shaded fuelbreaks, implement and carry out the pilot project inclusion in the pilot project. utilizing thinning, individual tree selection, such sums as are necessary. (F) A schedule for the resource manage- and other methods of vegetation manage- (7) BASELINE FUNDS.—Amounts available ment activities to be undertaken in the pilot ment consistent with the Quincy Library for resource management activities author- project area during the calendar year. Group-Community Stability Proposal, on ized under subsection (d) shall at a minimum (G) A description of any adverse environ- not less than 40,000, but not more than 60,000, include existing baseline funding levels. mental impacts. IMITATION ON EXPENDITURES.—The acres per year. (g) TERM OF PILOT PROJECT.—The Sec- (2) L amount of Federal funds expended on each (2) GROUP SELECTION AND INDIVIDUAL TREE retary shall conduct the pilot project during annual report under this subsection shall not SELECTION.—Utilization of group selection the period beginning on the date of the en- and individual tree selection uneven-aged actment of this Act and ending on the later exceed $50,000. (k) FINAL REPORT.— forest management prescriptions described of the following: (1) IN GENERAL.—Beginning after comple- in the Quincy Library Group-Community (1) The date on which the Secretary com- tion of 6 months of second year of the pilot Stability Proposal to achieve a desired fu- pletes amendment or revision of the land and project, the Secretary shall compile a ture condition of all-age, multistory, fire re- resource management plans for Plumas Na- science-based assessment of, and report on, silient forests as follows: tional Forest, Lassen National Forest, and the effectiveness of the pilot project in meet- (A) GROUP SELECTION.—Group selection on Tahoe National Forest pursuant to sub- ing the stated goals of this pilot project. an average acreage of .57 percent of the pilot section (i). Such assessment and report— project area land each year of the pilot (2) The date that is five years after the date of the commencement of the pilot (A) shall include watershed monitoring of project. lands treated under this section, that should (B) INDIVIDUAL TREE SELECTION.—Individual project. (h) CONSULTATION.—(1) Each statement re- address the following issues on a priority tree selection may also be utilized within the basis: timing of water releases, water quality pilot project area. quired by subsection (b)(1) shall be prepared in consultation with the Quincy Library changes, and water yield changes over the (3) TOTAL ACREAGE.—The total acreage on Group. short long term in the pilot project area; which resource management activities are (2) CONTRACTING.—The Forest Service, sub- (B) shall include an analysis of any adverse implemented under this subsection shall not ject to the availability of appropriations, environmental impacts; exceed 70,000 acres each year. may carry out any (or all) of the require- (C) shall be compiled in consultation with (4) RIPARIAN MANAGEMENT.—A program of ments of this section using private con- the Quincy Library Group; and riparian management, including wide protec- tracts. (D) shall be submitted to the Congress by tion zones and riparian restoration projects, (i) CORRESPONDING FOREST PLAN AMEND- July 1, 2002. consistent with riparian protection guide- MENTS.—Within 180 days after the date of the (2) LIMITATIONS ON EXPENDITURES.—The lines in subsection (c)(2)(B). enactment of this Act, the Regional Forester amount of Federal funds expended for the as- (e) COST-EFFECTIVENESS.—In conducting for Region 5 shall initiate the process to sessment and report under this subsection, the pilot project, Secretary shall use the amend or revise the land and resource man- other than for watershed monitoring under most cost-effective means available, as de- agement plans for Plumas National Forest, paragraph (1)(A), shall not exceed $150,000. termined by the Secretary, to implement re- Lassen National Forest, and Tahoe National The amount of Federal funds for watershed source management activities described in Forest. The process shall include preparation monitoring under paragraph (1)(A) shall not subsection (d). of at least one alternative that— exceed $75,000 for each of fiscal years 2000, (f) FUNDING.— (1) incorporates the pilot project and area 2001, and 2002. (1) SOURCE OF FUNDS.—In conducting the designations made by subsection (b), the re- (l) RELATIONSHIP TO OTHER LAWS.—Nothing pilot project, the Secretary shall use, subject source management activities described in in this section exempts the pilot project to the relevant reprogramming guidelines of subsection (d), and other aspects of the Quin- from any Federal environmental law. S7714 CONGRESSIONAL RECORD — SENATE July 17, 1997 Mrs. BOXER. The Quincy Library legislative process. Nonetheless, many mother’s education level. While a Group Forest Recovery and Economic positive changes have been made to the mother is at work, then it becomes the Stability Act is the result of many legislation over the last few months, education level of the child care pro- years of consensus building in an effort and although some outstanding con- vider that the child deals with for, to unite unlikely partners in a mutu- cerns still remain, the legislation now sometimes, an extended period of time ally beneficial project. provides many of the safeguards nec- during the day. With all the new re- President Clinton spurred this con- essary to protect the natural environ- search that we see on the brain and sensus approach in April 1993, at the ment while promoting the local econ- early childhood development, I think Northwest Forest Summit, when he omy. we have to reemphasize this particular challenged Americans to stay in the I want to thank Senator FEINSTEIN, aspect of child care. We need well-edu- conference room and out of the court- Congressmen FAZIO, MILLER, HERGER, cated, well-trained child care provid- room. One local group put this difficult YOUNG, and the Forest Service for their ers. One of the ways we can achieve challenge into action and began a se- efforts on this legislation. It has truly this, one of the things that we can do ries of meetings in the only place they been a cooperative effort and I hope we to raise the quality of child care, is to knew they could ensure civility, and are able to pass this legislation quickly say to individuals who are inclined to some degree of quiet—their local li- so that we will soon be able to see the go into the child care profession that brary. With that, the Quincy Library proposal implemented on the ground. we will in fact help them if they want Group was created. to make this a profession. This group of local citizens surround- By Mr. DEWINE (for himself and We have to let people know, if they ing Quincy, CA, including timber in- Mr. WELLSTONE): are going to earn a degree to take care dustry representatives, local environ- S. 1029. A bill to provide loan forgive- of our children, we will help them. Our mental activists, and public officials, ness for individuals who earn a degree bill, the bill introduced today by Sen- have been meeting periodically since in early childhood education, and enter ator WELLSTONE and myself, will do 1992 to develop a timber management and remain employed in the early child this. Our bill would help repay the stu- plan for the areas’ surrounding na- care profession, to provide loan can- dent loans of an individual who earns tional forests. They did not have an cellation for certain child care provid- an early childhood degree and would easy task before them—promoting the ers, and for other purposes; to the Com- help repay the loan of that person who local economy, preserving jobs, and mittee on Labor and Human Resources. goes to work in a licensed child care fa- protecting the environment. THE QUALITY CHILD CARE LOAN FORGIVENESS cility. The Quality Child Care Loan Several years ago I visited Quincy, ACT Forgiveness Act would pay off a stu- CA, and had an opportunity to see first Mr. DEWINE. Mr. President, I send a dent loan at the rate of 15 percent a hand the problems in the forests and bill to the desk now, a bill on behalf of the community at work. Since that year for people who earn an early myself and Senator WELLSTONE. childhood degree and who work in a li- time, I have worked with the Quincy Mr. President, this bill is the Quality Library Group, U.S. Forest Service, censed child care facility. Child Care Loan Forgiveness Act and it This bill will help bring more quali- Senator FEINSTEIN, Members of Con- is intended to, at least in part, deal gress, and the national environmental fied individuals to the child care pro- with a very serious problem in this fession. It would also help to decrease community in an effort to reach a con- country. That problem simply is that sensus. the high turnover levels caused, many more and more children, more and times, by very low wages. I believe that is what we have before more of our children, are every day in us today. This legislation will imple- Let me conclude. The Quality Child child care. There is a real concern Care Loan Forgiveness Act is an impor- ment the Quincy Library Group pro- about the quality of child care. This posal for managing the Tahoe, Lassen, tant way to improve the quality of bill does not solve every problem in re- and Sierraville Range of the Tahoe Na- child care. American parents need it gard to child care, but I think it is a tional Forests through biological re- for their peace of mind, and American start and I think it would make a sig- serves, fire suppression, riparian res- children need it for their mind develop- nificant impact. toration, watershed protection, and ment. Today, more than 70 percent of moth- monitoring. I thank the Chair and ask unanimous ers are in the labor force. Almost 75 The House passed a companion bill consent at this time that the full text earlier this week by a near unanimous percent of married couples with chil- of the bill be printed in the RECORD. vote. I believe the overwhelming suc- dren have both spouses working. All of There being no objection, the bill was cess in the House was largely due to these working parents, plus parents ordered to be printed in the RECORD, as the inclusion of provisions which en- moving from welfare to work, have to follows: sure compliance with all environ- find someone to care for their children S. 1029 if they are going to go out and support mental laws, as well as interim and Be it enacted by the Senate and House of Rep- final California spotted owl guidelines. their families. Yet today, child care is resentatives of the United States of America in This proposal has gone through years often very hard to find and quality Congress assembled, of collaboration from many dedicated child care is even harder to find. In just SECTION 1. SHORT TITLE. people with many different interests. 20 years, the last 20 years, the percent- This Act may be cited as the ‘‘Quality We now have legislation to implement age of children enrolled in some form, Child Care Loan Forgiveness Act’’. this consensus—legislation which can in some manner, of child care has gone SEC. 2. FINDINGS. be fined tuned as it moves through the from 30 percent to 70 percent. Congress makes the following findings: legislative process. Quality child care is a concern to vir- (1) New scientific research shows that the The President’s statement of admin- tually every family in this country. electrical activity of brain cells actually istration policy on the House compan- More and more parents are working. changes the physical structure of the brain, and that without a stimulating environment, ion bill suggests further refining the More and more children are in child care. I think the very least we can do a baby’s brain suffers. bill so that the pilot project will end (2) 12,000,000 children under age 6, and once the Forest Service completes the is to try to assure those families that, 17,000,000 school-aged children of working appropriate forest plan amendments. I while they are at work, their children parents, need child care. Demand for child would be supportive of such a change will be taken care of by qualified and care is growing as more mothers enter the to the bill. by competent individuals. This, unfor- workforce. Some have suggested that the legis- tunately, is not always taking place (3) Good quality child care, in a safe envi- lation increase the protection of all old today. There are many qualified people ronment, with trained, caring providers who growth forests in the area and ensure in child care. There are very many offer stimulating activities appropriate to dedicated people in child care. But I the child’s age, help children grow and that logging and road building be pro- thrive. Recent research shows that most hibited in all roadless and sensitive think we can do better. This is what child care needs significant improvement. areas. We should consider that change. this bill intends to address. (4) Good quality child care depends largely I hope that these concerns can be ad- Scientists tell us that the largest in- on the provider. Yet providers of child care dressed as this bill moves through the dicator of a child’s intelligence is the earn on average only $6.70 per hour or $11,725 July 17, 1997 CONGRESSIONAL RECORD — SENATE S7715

per year. Such earnings cause high turnover, ‘‘(c) LOAN REPAYMENT.— ‘‘(F) identify the number of individuals which affects the overall quality of a child ‘‘(1) IN GENERAL.—The Secretary shall as- participating in the program who received an care program and causes anxiety for chil- sume the obligation to repay 15 percent of associate’s degree and the number of such in- dren. the total amount of all loans made after Oc- dividuals who received a bachelor’s degree; (5) Children attending lower-quality child tober 1, 1994, to a student under this part or and care facilities and child care facilities with part D for each complete year of employ- ‘‘(G) identify the number of years each in- high staff turnover are less competent in ment described in subsection (b)(1). dividual participates in the program. language and social development. ‘‘(2) CONSTRUCTION.—Nothing in this sec- ‘‘(4) INTERIM AND FINAL EVALUATION RE- (6) Low-income and high-income children tion shall be construed to authorize the re- PORTS.—The Secretary shall prepare and sub- are more likely than middle-income children funding of any repayment of a loan made mit to the President and the Congress such to attend child care facilities providing high under this part or part D. interim reports regarding the evaluation de- quality child care. ‘‘(3) INTEREST.—If a portion of a loan is re- scribed in this subsection as the Secretary (7) The quality of child care is primarily paid by the Secretary under this section for deems appropriate, and shall prepare and so related to high staff-to-child ratios, staff any year, the proportionate amount of inter- submit a final report regarding the evalua- education, and administrators’ prior experi- est on such loan which accrues for such year tion by January 1, 2002. ence. In addition, certain characteristics dis- shall be repaid by the Secretary. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— tinguish poor, mediocre, and good-quality ‘‘(4) SPECIAL RULE.—In the case where a There are authorized to be appropriated to child care facilities, the most important of student borrower who is not participating in carry out this section $10,000,000 for fiscal which are teacher wages, education, and spe- loan repayment pursuant to this section re- year 1998, and such sums as may be necessary cialized training. turns to an institution of higher education for each of the 4 succeeding fiscal years.’’. SEC. 3. PURPOSES. after graduation from an institution of high- SEC. 5. LOAN CANCELLATION. The purposes of this Act are— er education for the purpose of obtaining a Section 465(a) of the Higher Education Act degree in early childhood education, the Sec- (1) to bring more highly trained individuals of 1965 (20 U.S.C. 1087ee(a)) is amended— retary is authorized to assume the obligation into the early child care profession; and (1) in paragraph (2)— to repay the total amount of loans made (2) to keep more highly trained child care (A) by redesignating subparagraphs (G), under this part or part D incurred for a max- providers in the early child care field for (H), and (I) as subparagraphs (H), (I), and (J), imum of two academic years in returning to longer periods of time. respectively; and an institution of higher education for the (B) by inserting after subparagraph (F), the SEC. 4. LOAN FORGIVENESS FOR CHILD CARE purpose of obtaining a degree in early child- PROVIDERS. following: hood education. Such loans shall only be re- Part B of the Higher Education Act of 1965 ‘‘(G) as a full-time child care provider or paid for borrowers who qualify for loan re- (20 U.S.C. 1071 et seq.) is amended by insert- educator— payment pursuant to the provisions of this ing after section 428J of such Act (20 U.S.C. ‘‘(i) in a child care facility operated by an section, and shall be repaid in accordance 1078–10) the following: entity that meets the applicable State or with the provisions of paragraph (1). local government licensing, certification, ap- ‘‘SEC. 428I. LOAN FORGIVENESS FOR CHILD CARE ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE PROVIDERS. proval, or registration requirements, if any; AWARD RECIPIENTS.—No student borrower and ‘‘(a) DEFINITIONS.—In this section: may, for the same volunteer service, receive ‘‘(ii) who has a degree in early childhood ‘‘(1) CHILD CARE FACILITY.—The term ‘child a benefit under both this section and subtitle education;’’; and care facility’ means a facility that— D of title I of the National and Community (2) in paragraph (3)(A)— ‘‘(A) provides child care services; and Service Act of 1990 (42 U.S.C. 12601 et seq.). (A) in clause (i), by striking ‘‘(G), (H), or ‘‘(B) meets applicable State or local gov- ‘‘(d) REPAYMENT TO ELIGIBLE LENDERS.— ernment licensing, certification, approval, or The Secretary shall pay to each eligible (I)’’ and inserting ‘‘(H), (I), or (J)’’; and registration requirements, if any. lender or holder for each fiscal year an (B) in clause (ii), by inserting ‘‘or (G)’’ ‘‘(2) CHILD CARE SERVICES.—The term ‘child amount equal to the aggregate amount of after ‘‘subparagraph (B)’’. care services’ means activities and services loans which are subject to the repayment Mr. WELLSTONE. Mr. President, I provided for the education and care of chil- pursuant to this section for such year. rise today with my colleague from Ohio dren from birth through age 5 by an individ- ‘‘(e) APPLICATION FOR REPAYMENT.— to introduce a bill that is an important ual who has a degree in early childhood edu- ‘‘(1) IN GENERAL.—Each eligible individual cation. desiring loan repayment under this section step toward protecting the lives and ‘‘(3) DEGREE.—The term ‘degree’ means an shall submit a complete and accurate appli- the future of this Nation’s children. associate’s or bachelor’s degree awarded by cation to the Secretary at such time, in such Today in the Labor Committee, we will an institution of higher education. manner, and containing such information as hear from the parents of a 3-month-old ‘‘(4) EARLY CHILDHOOD EDUCATION.—The the Secretary may require. baby who lost his life after only 2 hours term ‘early childhood education’ means edu- ‘‘(2) CONDITIONS.—An eligible individual in daycare. We as a society must share cation in the areas of early child education, may apply for loan repayment under this some of the responsibility for this trag- child care, or any other educational area re- section after completing each year of quali- edy with the daycare center that ne- lated to child care that the Secretary deter- fying employment. The borrower shall re- mines appropriate. ceive forbearance while engaged in qualify- glected Jeremy Fiedelholtz. We as a so- ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— ing employment unless the borrower is in ciety have allowed daycares to be The term ‘institution of higher education’ deferment while so engaged. under funded and understaffed, because has the meaning given the term in section ‘‘(f) EVALUATION.— we have not valued the position of 1201. ‘‘(1) IN GENERAL.—The Secretary shall con- daycare provider. We have not treated ‘‘(b) DEMONSTRATION PROGRAM.— duct, by grant or contract, an independent that job as a profession, we have not ‘‘(1) IN GENERAL.—The Secretary may carry national evaluation of the impact of the respected their responsibilities and out a demonstration program of assuming demonstration program assisted under this considered such individuals to have a the obligation to repay, pursuant to sub- section on the field of early childhood edu- section (c), a loan made, insured or guaran- cation. career worthy of compensation, atten- teed under this part or part D (excluding ‘‘(2) COMPETITIVE BASIS.—The grant or con- tion, and respect. loans made under sections 428B and 428C) for tract described in subsection (a) shall be The bill that my colleague and I in- any new borrower after October 1, 1994, who awarded on a competitive basis. troduce today would provide loan for- completes a degree in early childhood edu- ‘‘(3) CONTENTS.—The evaluation described giveness for individuals who earn a de- cation and obtains full-time employment in in this subsection shall— gree in early childhood education, and a child care facility. ‘‘(A) determine the number of individuals enter and remain employed in the early ‘‘(2) AWARD BASIS; PRIORITY.— who were encouraged by the demonstration child care profession. It would also pro- ‘‘(A) AWARD BASIS.—Subject to subpara- program assisted under this section to pur- graph (B), loan repayment under this section sue early childhood education; vide forgiveness for some existing child shall be on a first-come, first-served basis ‘‘(B) determine the number of individuals care providers who remain in the pro- and subject to the availability of appropria- who remain employed in a child care facility fession. tions. as a result of participation in the program; The bill seeks to make child care ‘‘(B) PRIORITY.—The Secretary shall give ‘‘(C) identify the barriers to the effective- more affordable and to increase the priority in providing loan repayment under ness of the program; quality of child care by making a ca- this section for a fiscal year to student bor- ‘‘(D) assess the cost-effectiveness of the reer in child care more profitable. It rowers who received loan repayment under program in improving the quality of— would help make the career of this section for the preceding fiscal year. ‘‘(i) early childhood education; and ‘‘(3) REGULATIONS.—The Secretary is au- ‘‘(ii) child care services; caregiver more affordable and more thorized to prescribe such regulations as ‘‘(E) identify the reasons why participants feasible for those interested in helping may be necessary to carry out the provisions in the program have chosen to take part in children grow. Nationally, child care of this section. the program; workers have the following statistics: S7716 CONGRESSIONAL RECORD — SENATE July 17, 1997 97 percent are female; 33 percent are opment and then remain employed in major medical advances from bio- women of color; 41 percent have chil- this early childhood profession. It also engineering are very familiar, includ- dren; 10 percent are single parents; would have some forgiveness for exist- ing the heart-lung machine, kidney di- only 18 percent of child care centers ing child care providers who remain in alysis, total hip joint replacements, offer their workers health coverage. the profession. heart pacemakers, artificial hearts, In Minnesota child care centers, the What we are simply trying to say prosthetics, and diagnostic medical im- average hourly wage for a child care here, I say to my colleagues, is that aging. Other advances are right around provider is $8.72; for an assistant teach- the neuroscience evidence is compel- the corner, including implantable insu- er is $6.66; and for an aide is $5.69. Min- ling, these early years are critical lin pumps with biosensors that detect nesota family child care providers, who years, we have to get it right, there has exactly when and how much insulin is are never covered by the Fair Labor to be a nurturing care and the intellec- needed; and regeneration of tissue, car- Standards Act, have an average hourly tual stimulation and, yet, if you look tilage, and even organs, instead of wage of $2.79, and make $7,800 a year around the country, nationally child transplantation—which brings with it for a 60-hour work week. With changes care teaching staff earn an average of the risk of rejection, major trauma to created by the welfare bill in the Fed- $6.89 an hour, or about $12,000 a year. the patient, and one of the highest eral child care food program, many Actually, in many of our States, peo- costs in our entire health care system. family child care providers will become ple who work in zoos, and by the way I As a heart-lung transplant surgeon, I ineligible for this program; those who love visiting zoos—it is not my point to know first hand about the life-saving don’t pass the costs of care on to the put down that work—earn twice as contributions made by all of these bio- parents will have negative earnings— much as women and men who work in engineering developments. We need as they will actually lose $71 a week. child care centers. If we really value many new achievements like this as we Nationally, child care teaching staff children and we really understand that can produce. earn $6.89 an hour and $12,000 a year. pre-K is so important, and if we really In spite of such spectacular achieve- Family child care providers earn $9,500, understand—and we should and we ments, however, the field of bio- and unregulated providers, $5,100. Al- must—that we have to make sure that engineering suffers from fragmentation though they are better educated than by age 3, children have gotten the nur- and a lack of coordination that could the average worker, child care workers turing care in order for them to be able impede and delay future advances in earn one-third of the average male sal- to go on and do well in school and do the field. This fragmentation was rec- ary and one-half of the average female well in life, then it is terribly impor- ognized as early as 1967, when an inter- salary. It is no surprise that one-third tant that we attach more value to the national conference called for better of them leave their centers every year. work that is being done. coordination in bioengineering re- In the meantime, in Minnesota, there That is what this piece of legislation search. are 8,960 children on the waiting list does, which provides the loan forgive- In 1995, at the request of the Senate for child care. There are probably an- ness for women and men I hope will go Committee on Labor and Human Re- other 13,440 children who would apply if into this profession. It is a small step sources, the NIH submitted a report, the waiting list wasn’t so long. Mr. forward, but it is an extremely impor- ‘‘Support for Bioengineering Re- President, add all this up and you have tant step. search.’’ This report was remarkably a recipe for disaster. Child care is with- I am very pleased to introduce this consistent with a number of previous out question among the most impor- legislation today with my colleague, studies over the last 30 years that tant issues facing the workforce today. Senator DEWINE. stressed the need for: a centralized Parents who can’t care for their chil- focus for extramural bioengineering re- dren, can’t work. Child care is without By Mr. FRIST (for himself and search at NIH; a strong intramural bio- question among the most important is- Mr. WELLSTONE): engineering program at NIH; and in- sues facing the field of education S. 1030. A bill to amend title IV of the creased coordination of bioengineering today. Children who are not stimulated Public Health Service Act to establish activities within NIH and among other and cared for during the earliest years a National Center for Bioengineering Federal agencies. will never be able to reach his or her Research; to the Committee on Labor This legislation seeks to implement full potential when they grow up. and Human Resources. those recommendations and is designed If we don’t take the profession seri- THE NATIONAL CENTER FOR BIOENGINEERING to enhance the state of and improve ously and encourage people of caliber RESEARCH ACT OF 1997 the coordination of bioengineering re- to enter the profession of caregiving, Mr. FRIST. Mr. President, I rise search conducted within NIH and and reward those who remain in the today to introduce the National Center throughout the Federal Government. profession, then we are risking our eco- for Bioengineering Research Act of This bill calls for the establishment of nomic future and putting at risk mil- 1997. Bioengineering is where medical a National Center for Bioengineering lions of children like Jeremy need and technical capability meet to Research within the National Heart, Fiedelholtz. I urge my colleagues to increase our capacity to diagnose and Lung and Blood Institute at NIH. The join us in this bipartisan effort to in- treat disease; to enhance the quality of mission of the Center is to: vest money where it is most needed. life of millions of people with chronic First, enhance the state of bioengineering Let me just say I am very honored to conditions; to save millions of dollars research within NIH; introduce this legislation with Senator in health care costs; and to generate Second, promote collaborative research DEWINE. I thoroughly enjoy working billions of dollars for our economy. projects among NIH institutes and across with him, and I think we are both very Medical devices alone is a $40 billion-a- Federal agencies; committed to this piece of legislation. year industry. Third, enhance communication among bio- Mr. President, in the Labor Commit- Bioengineering is an interdiscipli- engineering investigators within Federal tee today, we are going to hear from nary field that applies physical, chemi- agencies and with private sector entities; and the parents of a 3-month-old baby who cal, and mathematical sciences and en- Fourth, educate the Congress and the pub- lost his life after only 2 hours in child gineering principles to the study of bi- lic on the critical importance of bioengineer- care. If you look at the reports, the ology, medicine, behavior, and health. ing to both the health and the economy of conditions around our country are not It advances knowledge from the molec- the Nation. what they should be for children, and if ular to the organ systems level, and de- This legislation does not create a you just think about the pay scale of velops new and novel biologics, mate- new institute within NIH. The Center women and men—they are mainly rials, processes, implant, devices, and would have no grantmaking authority. women—who are child care providers, informatics approaches for the preven- New funding would be allocated to in- we have devalued the work of adults tion, diagnosis, and treatment of dis- stitutes to support basic research who work with children. What this ease, for patient rehabilitation, and for projects in bioengineering through the piece of legislation does is it provides improving health. standard peer review process. loan forgiveness for individuals who Although the term ‘‘bioengineering’’ This legislation is introduced today earn a degree in early childhood devel- may not be commonplace, many of the as a stand-alone bill. But I expect it to July 17, 1997 CONGRESSIONAL RECORD — SENATE S7717 be included in the reauthorization bill U.S.C. 285 et seq.) is amended by adding at NATIONAL CENTER FOR for the National Institutes of Health the end the following: BIOENGINEERING RESEARCH ACT OF 1997 which, as Chair of the Public Health ‘‘SEC. 425A. NATIONAL CENTER FOR BIO- DEFINITION and Safety Subcommittee of the Com- ENGINEERING RESEARCH. Bioengineering is an interdisciplinary field mittee on Labor and Human Resources, ‘‘(a) ESTABLISHMENT.—The Director of the that applies physical, chemical, and mathe- I intend to move forward during the National Heart, Lung, and Blood Institute matical sciences and engineering principles first session of the 105th Congress. shall establish, within the National Heart, to the study of biology, medicine, behavior, Mr. President, I ask unanimous con- Lung, and Blood Institute, a National Center and health. It advances knowledge from the sent that the bill and summary be for Bioengineering Research (in this section molecular to the organ systems level, and develops new and novel biologics, materials, printed in the RECORD. referred to as the ‘Center’). The Center shall There being no objection, the mate- be headed by a director, who shall be ap- processes, implants, devices, and informatics approaches for the prevention, diagnosis, and rial was ordered to be printed in the pointed by the Director of the National Heart, Lung, and Blood Institute. treatment of disease, for patient rehabilita- RECORD, as follows: tion, and for improving health. S. 1030 ‘‘(b) PURPOSE.—The purpose of the Center is to— BACKGROUND Be it enacted by the Senate and House of Rep- As part of the 1993 reauthorization of NIH, resentatives of the United States of America in ‘‘(1) promote basic research in bioengineer- Congress asked for a report on the state of Congress assembled, ing; and ‘‘(2) establish an office to enhance the bioengineering research at NIH. In 1994, an SECTION 1. SHORT TITLE. state of and improve coordination of bio- interim report from an External Consultants This Act may be cited as the ‘‘National Committee was submitted to the Director of Center for Bioengineering Research Act’’. engineering research conducted within the National Institutes of Health and through- NIH, who submitted a report to Congress in SEC. 2. FINDINGS. out the Federal Government. August, 1995 that included recommendations Congress makes the following findings: for greater coordination of bioengineering ‘‘(c) DUTIES.—The Center shall— (1) Bioengineering is an interdisciplinary research. In spring 1997 NIH established a ‘‘(1) enhance bioengineering research at field that applies physical, chemical, and Bioengineering Consortium, with representa- mathematical sciences and engineering prin- the National Institutes of Health by— tion from each of the institutes, to advance ciples to the study of biology, medicine, be- ‘‘(A) increasing the proportion of National bioengineering and its mission within NIH. havior, and health. It advances knowledge Institutes of Health funds that are devoted This legislation seeks to support and further from the molecular to the organ systems to basic rather than applied bioengineering the efforts already begun by NIH in order to level, and develops new and novel biologics, research; maximize the health benefits for the Amer- materials, processes, implants, devices, and ‘‘(B) improving the review of bioengineer- ican people. informatics approaches for the prevention, ing grant applications; and diagnosis, and treatment of disease, for pa- ‘‘(C) increasing intramural research in bio- IMPACT OF BILL tient rehabilitation, and for improving engineering; Bill would create National Center for Bio- health. ‘‘(2) convene a conference of bioengineering engineering Research, located within the Na- (2) Efforts to reduce Federal budget defi- experts representing relevant Federal agen- tional Heart, Lung and Blood Institute. Mis- cits require that resources be managed in cies, academia, and private sector entities to sion of the Center is to enhance bioengineer- ways to maximize productivity. make recommendations to the Director of ing research within NIH; improve coordina- (3) As part of the NIH Revitalization Act of the Center regarding— tion and communication across all Federal 1993, Congress asked for a report on the state ‘‘(A) setting the agenda of the Center; and agencies; educate members of Congress and of bioengineering research at the National ‘‘(B) identifying promising research direc- the public on importance of bioengineering Institutes of Health. tions and emerging needs and opportunities in enhancing diagnosis and treatment of dis- (4) In 1994, as requested by the Congress, an in bioengineering research; ease and strengthening the economy; annu- External Consultants Committee submitted ‘‘(3) promote joint funding of collaborative ally convene bioengineering experts to ad- a report to the Director of the National In- bioengineering research projects conducted vise Director of the Center; and submit an stitutes of Health on support for bio- by the national research institutes and other annual report to Congress. engineering research. agencies of the National Institutes of Health Center would have no grant-making au- (5) In 1995, the Director of the National In- or conducted by any such institute and an- thority. New funding would be allocated to stitutes of Health submitted a report to Con- other Federal entity; institutes to support basic research in bio- gress on Support for Bioengineering Re- ‘‘(4) enhance communication among bio- engineering. search, that included recommendations for engineering investigators within Federal greater coordination of bioengineering re- agencies and with private sector entities; By Mr. GRASSLEY (for himself search. ‘‘(5) educate members of Congress and the and Mr. D’AMATO): (6) In 1996, an amendment to the National public on the critical importance of bio- S. 1031. A bill to protect Federal law Institutes of Health Revitalization Act of engineering in enhancing the diagnosis and enforcement officers who intervene in 1996 directed the Secretary of Health and treatment of disease and strengthening the certain situations to protect life or Human Services, acting through the Director economy; of the National Institutes of Health, to ‘‘pre- ‘‘(6) annually convene a group of bio- prevent bodily injury; to the Commit- pare and submit to the Committee on Labor engineering experts from Federal agencies tee on the Judiciary. and Human Resources of the Senate and the and private sector entities to advise the Di- THE FEDERAL LAW ENFORCEMENT OFFICERS’ Committee on Commerce of the House of rector of the Center; and GOOD SAMARITAN ACT OF 1997 Representatives, a report containing specific ‘‘(7) prepare and submit to Congress, Mr. GRASSLEY. Mr. President, plans and timeframes on how the Director through the Director of the National Insti- today I am introducing the Federal will implement the findings and rec- tutes of Health, an annual report. Law Enforcement Officers’ Good Sa- ommendations of the Report to Congress en- ‘‘(d) LIMITATION.—The Center may not use titled Support for Bioengineering Research maritan Act of 1997. This bill will help amounts provided under this section to Federal officers do what they do best: submitted to Congress in August 1995 in com- award grants. pliance with Public Law 103-43, the National protect lives. Under this bill, any Fed- Institutes of Health (NIH) Revitalization Act ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— eral law enforcement officer who, while of 1993, Section 1912’’. This legislation passed ‘‘(1) FOR THE CENTER.—There is authorized off duty, should unexpectedly arrive at the Senate but was not acted upon by the to be appropriated $750,000 for each fiscal year for the general operation of the Center. or is present at a crime will be able to House. take appropriate action. (7) In the spring of 1997, the National Insti- ‘‘(2) FOR GENERAL BIOENGINEERING ACTIVI- TIES.—There is authorized to be appropriated Mr. President, perhaps a hypo- tutes of Health established the Bioengineer- thetical example would best explain ing Consortium, with representation from $20,000,000 for each of the fiscal years 1998 each of the institutes, to advance bio- through 2007, to be allocated at the discre- the intent of this legislation. Lets say engineering and its mission within the Na- tion of the Director of NIH among the bio- a law enforcement officer stops at a tional Institutes of Health. engineering activities being carried out by convenience store on his way home (8) Legislation is needed to support and the national research institutes and other from work one evening. While picking further the efforts already begun by the Na- agencies of the National Institutes of Health.’’. up a gallon of milk and a loaf of bread, tional Institutes of Health in order to maxi- a criminal attempts to rob this par- mize the health benefits for the American (b) CONFORMING AMENDMENT.—Section ticular store. Now most law enforce- 401(b)(2) of the Public Health Service Act (42 people. ment folks will tell you that, in this SEC. 3. ESTABLISHMENT OF NATIONAL CENTER U.S.C. 281(b)(2)) is amended by adding at the FOR BIOENGINEERING RESEARCH. end the following: situation, they would feel compelled to (a) IN GENERAL.—Subpart 2 of part C of ‘‘(F) The National Center for Bioengineer- take some kind of appropriate action. title IV of the Public Health Service Act (42 ing Research.’’. But in many jurisdictions, if they do S7718 CONGRESSIONAL RECORD — SENATE July 17, 1997 take action and are hurt, or are forced Federal Law Enforcement Officers. In forcement agencies, outside of their ju- to hurt the criminal, they may not be one instance, two DEA agents on a sur- risdiction. Finally, this bill will not re- eligible for their health benefits, and veillance saw a parked car occupied by strict the filing of criminal charges if may be open to be sued by the criminal a man and a young woman. The car was the action of the Agent fits the current for their actions. The law enforcement not part of the surveillance. This did statutory definition. officer, acting on his training, and in- not stop the agents from intervening Federal law enforcement agents need tervening in a situation that he had when they saw the young woman strug- this protection and I urge its passage. the training and ability to deal with, gling with the man and screaming for would have to cover these expenses help. Their assistance was not ‘‘within By Mr. ALLARD (for himself and from his own pocket. Mr. President, the scope of their employment’’ but Mr. CAMPBELL): this does not sound fair to me. It can these trained agents wanted to help, S. 1036. A bill to amend section create a situation where the officer using their expertise in crisis situa- 435(d)(1)(A)(ii) of the Higher Education may feel unable to act in response to tions. The DEA agents certainly were Act of 1965 with respect to the defini- his sense of duty because of concerns not thinking a lawsuit when they in- tion of an eligible lender; to the Com- that he will be penalized for acting. tervened but because their actions mittee on Labor and Human Resources. This legislation would eliminate these were outside the scope, they were act- KID’S BANK ACT legitimate worries. ing as private citizens—subjecting Mr. ALLARD. Mr. President, I am Let me make it clear that this bill their personal assets to a lawsuit. pleased to introduce legislation amend- does not expand Federal law enforce- Federal agents who unexpectedly en- ing the Higher Education Act to revise ment authority. A Federal officer could counter violence in our communities the proportion of student loans that a only make a citizen’s arrest, if nec- face an unconscionable choice: 1.) stand bank can maintain in relation to their essary, and local law enforcement offi- by and allow the violence to occur; 2.) total consumer portfolio. This bill will cials would still have jurisdiction in refuse help to the victim and allow the allow the Young Americans Bank to the case. My office has spoken with the perpetrator to escape; or 3.) intervene continue providing a unique oppor- National Association of Attorneys Gen- as a private citizen and risk bank- tunity for young people to learn to eral, and they are supportive of this ruptcy by a potential lawsuit. control a checking account, save for legislation. Currently, there exists no federal the future, and manage credit obliga- I hope that my colleagues will take statute authorizing Federal Special tions. The bank has had resounding the time to look at this legislation, Agents to intervene during the com- success in teaching young clients how and join Senator ALFONSE D’AMATO mission of certain violent crimes out- to responsibly handle their finances. and me in sponsoring this bill. Our side the scope of their statutory au- The Young Americans Bank has been Government has invested a lot of time, thority, and protecting their personal operating for ten years as the only energy, and trust in the training and assets when they assist someone in bank in the nation that exclusively support of our Federal law enforcement need. I urge my colleagues to review serves young people under the age of officers. We need to be sure that they the merits of this bill and join in this 22. It is a full service, State chartered, are able to perform their duties—and federally insured bank with almost to act as we would hope and expect effort to relieve the fear of our spe- cially trained law enforcement agent 17,000 customers from all 50 States and them to act. 11 foreign countries. Another excep- Mr. D’AMATO. Mr. President, I rise and possibly encouraging their inter- tional element of the bank is that its today to join with Senator GRASSLEY vention when citizens need it the most. holding company, the Young American in the introduction of the Federal Law This bill explicitly defines when a Education Foundation, is the only non- Enforcement Officers’ Good Samaritan specially trained agent may be pro- profit holding company in the country. Act. This bill is essential to protect tected if he or she offers assistance While educating our youth on how to trained federal law enforcement offi- ‘‘outside the scope of their employ- make responsible financial decisions, cers who want to offer assistance when ment’’. These instances are limited to: the Young Americans Bank also has a they witness a crime but are afraid of (A) the protection of any person in natural demand for student loans. Sec- the repercussions afterwards if it is not his presence from the imminent inflic- a crime defined under their agency’s tion of bodily harm; tion 435 of the Higher Education Act authorizing statute. (B) offering immediate help to any prohibits banks from having student Agents in the federal law enforce- victim who suffers bodily harm in his loans comprise more than 50 percent of ment community are charged with the presence; and total loans. Clearly this prohibits the investigation of criminal activities de- (C) preventing the escape of any per- Young Americans Bank from accom- fined in their authorizing statute. For son he reasonably believes to be re- modating the large percentage of stu- example, DEA agents investigate drug sponsible for inflicting, attempting or dent loans that they would like to pro- crimes and a Secret Service agent’s threatening to inflict, bodily harm to vide for their young clients. It is also role is limited to financial crimes. If another in his presence. important to note that allowing the acting ‘‘within the scope of their em- It will provide the Agent with the bank to carry a larger student loan ployment’’, meaning they deal with same qualified immunity that he has if portfolio would improve the bank’s fi- only those crimes listed in their agen- the act was within the ‘‘scope of his nancial performance, which in turn cy’s authorizing statute, the actions of employment’’: counsel will be provided would provide more funds for edu- the Special Agent will not result in to the agent, the Federal Government cational programming. personal liability. In addition, the em- will indemnify for the damages caused, My legislation would allow very ploying agency may assign counsel or worker’s compensation will be avail- small, nonprofit banks to exceed the provide worker’s compensation if the able. 50-percent student loan ratio. The ex- Special Agent was injured in the line of This bill will not curtail the rights of ception would apply only to institu- duty. an injured party. It does not prevent an tions with a total outstanding student However, when an off-duty Federal injured party from suing for damages loan volume of $10 million or less, and Agent witnesses the commission of a incurred during the intervention by the all loans would have to be made to violent crime, such as a DEA agent Agent nor will it restrict the amount those age 22 and under. witnessing a robbery, the intervention of damages that an injured party may The Young Americans Bank enjoys is deemed to be outside the scope of his receive if the court finds that the broad support, and I have received let- or her employment. Unfortunately, Agent acted unreasonably. ters endorsing this legislation from that special agent’s intervention may This bill will not expand the powers Denver’s Mayor Wellington Webb, the subject the off-duty Federal Law En- or authorities of Federal law enforce- Colorado Bankers Association, the Col- forcement Agent to personal liability— ment agencies or give Federal law en- orado Governor’s office and numerous without the protections afforded them forcement agents authority to inves- financial institutions and universities. if they were on duty. tigate or to direct any state or local The operation and objectives of the There are few cases nation-wide but law enforcement body, usurping the Young Americans Bank should not be it has affected the intervention of our powers of the state or local law en- limited. This bank does an outstanding July 17, 1997 CONGRESSIONAL RECORD — SENATE S7719 job of providing financial and edu- care. While the supply of child care has mediocre—not hurting or helping chil- cational opportunities to young people, increased over the past 10 years, there dren; and fifteen-percent actively pro- and I encourage my colleagues to sup- are still significant shortages for par- mote a child’s development. Center- port their mission and encourage the ents in rural areas, those with school- based child care, the object of this expansion of such a successful institu- aged children or infants, and for lower- study, is the most heavily regulated tion. income families. and frequently monitored type of child I think that few of us know how care. There are strong indications that much child care costs. The Senate Em- care for children in less regulated set- By Mr. JEFFORDS (for himself, Mr. DODD, ployee’s Child Care Center costs be- tings, such as family-based child care and Mr. ENZI): tween $150 and $175 a week—$7,800 to and in-home care, is far worse. S. 1037. A bill to amend the Internal $9,100 a year. That places it in the Combining the research on the qual- Revenue Code of 1986 to establish in- high-middle range in terms of costs for ity of child care with the break- centives to increase the demand for the Washington, D.C. area. The young- throughs on the development of the and supply of quality child care, to pro- er the child, the higher the costs—and human brain produces a very disturb- vide incentives to States that improve Senate Employee’s Child Care Center ing situation. Many children enter the quality of child care, to expand does not accept children under 18 child care by eleven weeks of age, are clearing-house and electronic networks months old, the most expensive type of in care for close to 30 hours a week, for the distribution of child care infor- child care. and often stay in some form of child mation, to improve the quality of child The costs of child care are almost care until they enter school. During care provided through Federal facili- wholly dependent upon the geographic that same period of life, a child’s brain ties and programs, and for other pur- area, the type of child care, and the age is undergoing a series of extraordinary poses; to the Committee on Finance. of the child. For example, a family pur- changes. THE CREATING IMPROVED DELIVERY OF CHILD chasing full-time child care services for In the first three years of life, the CARE: AFFORDABLE, RELIABLE, AND EDU- a four-year-old in rural New York brain either makes the connections it CATIONAL ACT OF 1997 using a family child care home may needs for learning or it atrophies, mak- Mr. JEFFORDS. Mr. President, pay as little as $60 a week. In contrast, ing later efforts at remediation in today, there are more than 12 million a family with an infant using a child learning, behavior, and thinking dif- children under the age of five—includ- care center in New York City may pay ficult, at best. The experiences and ing half of all infants under one year of more than $250 a week. stimulation that a caretaker provide to age—who spend at least part of their For a 3- to 4-year-old child, the least a child are the foundations upon which day being cared for by someone other expensive age group, the national aver- all future learning is built. The brain’s than their parents. There are millions age for center-based child care is $4,600 greatest and most critical growth spurt more school-aged children under the a year. The average cost for high qual- is between birth and ten years of age— age of twelve who are in some form of ity care, such as that provided by the precisely the time when non-parental child care at the beginning and end of Senate Employee’s Child Care Center, child care is most frequently utilized. the school day as well as during school is between $8,500 and $9,100 a year. The A Time magazine special report on holidays and vacations. And more six cost of family-based child care is gen- ‘‘How a Child’s Brain Develops’’ (Feb- to twelve year olds who are latchkey erally less expensive, while in-home ruary 3, 1997) said it best, ‘‘. . . Good, kids—returning home from school to care with a nanny or au pair is gen- affordable day care is not a luxury or a no supervision because parents are erally more expensive. fringe benefit for welfare mothers and working and there are few, if any, al- A family normally spends about working parents but essential brain ternatives. twenty-percent of its income on hous- food for the next generation.’’ While The past two decades have seen a ing and ten-percent on food. The costs bad child care can seriously impair a dramatic rise in the number of women of child care for a low-or middle-in- child’s development, high-quality child in the paid labor force. Women now come family can rival the cost of hous- care significantly increases the constitute 46% of our nation’s labor ing and be double the cost of food. Even chances of good developmental out- force. Most women are working to though most of us recognize the criti- comes for children. meet their family’s basic needs. More cal part that child care plays in the Think about it. At the most impor- than 60% of women with pre-school economic survival of families, we often tant time in the development of a aged children are employed full- or fail to recognize it as a basic cost child’s brain, more than twelve million part-time. Their employment is not a which consumes a significant portion children are being cared for by people choice, but an essential part of their of a family’s income. who are paid less than the person who family’s economic survival. And for Parents can only purchase child care picks up your garbage each week, and most of these families, child care is not they can afford. Those who do find care are required to have less training than an option, but a requirement. that is affordable and convenient are the person who cuts your hair, and less Many of the traditional sources of often unsatisfied with the quality of skill-based testing than the person de- child care are no longer available—as the care their child receives. In fact, livering packages to your house. Child many of the friends, neighbors, grand- one quarter of all parents would change care providers play an important role parents, and other relatives who used their child care arrangement if they in a child’s development, for they help to be available to provide child care could find and afford something better. fine-tune the child’s capacity to think are also working. Research has repeat- Since 1990, the costs of child care and process information, social skills, edly demonstrated that for parents have risen about six-percent annually. emotional health, and acquisition of who must work, child care services This is almost triple the annual in- language. that are dependable and of high quality crease in the cost of living. At the Last year, our goal in child care was make it easier to find and keep a job. same time, there are strong indicators to streamline federal assistance by cre- Good child care helps parents reach that the quality of child care has sig- ating a cohesive structure for federal and maintain economic self-suffi- nificantly decreased during that same assistance and to provide sufficient ciency. Congress acknowledged this period of time. Parents are paying government funds to subsidize child when it passed welfare reform last more but getting less. care for welfare recipients who were year, which dramatically increased the The quality of child care in America transitioning into work. This year our amount of entitlement money avail- is very troubling. A recent nationwide goal must be to promote the healthy able for child care. study found that forty-percent of the development of children in child care. I Steady increases in the number of child care provided to infants in child am worried that the pressure of the employed women with young children, care centers was potentially injurious. need to accommodate the increasing combined with last year’s welfare re- Fifteen-percent of center-based child demand for child care will force many forms, have placed tremendous pres- care providers for all pre-schoolers are into forgoing quality just to increase sures on communities to dramatically so bad that a child’s health and safety the number of child care slots avail- expand the amount of available child are threatened; seventy-percent are able. S7720 CONGRESSIONAL RECORD — SENATE July 17, 1997 I rise today to introduce legislation and having the money available at reg- my legislation would make a very lim- entitled ‘‘Creating Improved Delivery ular intervals throughout the year. ited exception to this prohibition. of Child Care: Affordable, Reliable, and Another revision to the Child Care DCAP payments could be made to pay Educational Act of 1997,’’ the CIDCARE Tax Credit establishes, over a 5-year a parent or grandparent to care for a Act. It incorporates modifications to period, different rates for the tax cred- newborn child. The DCAP account the tax code, an incentive grant pro- it, dependent on whether the child care could be joined at anytime during a gram for states (including wage sub- is provided in an accredited child care pregnancy. The funds would be avail- sidies for child care providers who get facility or by a credentialed profes- able for up to 12 months from the date additional training and education and sional. This will reward parents who of deposit into the employee’s DCAP a grant program to encourage small choose high-quality child care and help account—because babies have a time- business partnerships to provide child defray the additional costs of that table all their own when it comes to care for employees), a technology- care. being born. based infrastructure for the profes- I am sensitive to the concerns of col- The last change CIDCARE makes in sional development of child care pro- leagues who object to reducing the the Dependent Care Assistance Plan is viders, educational loan forgiveness for child care tax credit. But before you a requirement that federal employees child care providers, requirements that judge this reduction too harshly, let’s have the opportunity to contribute to states include the cost of child care in put it into perspective. The tax credit DCAP. Private employees, as well as the calculation of child support orders, remains at or above the current rate of many state and local governments, expansion of the federal government’s 20 percent for parents with adjusted have had DCAP available for their em- technical assistance and information gross incomes of $45,000 or less, regard- ployees since 1981. Consistent with the dissemination role, and requirements less of the type of child care. The me- intent of the Congressional Account- that child care centers located in fed- dian income of families with children ability Act, I want to make this child eral facilities to meet high quality nationally is $37,000. While there are care subsidy available to federal work- standards of care. wide differences in between States, ers, including legislative branch em- There is no one thing—no magic bul- there are only four States where the ployees. let—that will ensure higher quality median exceeds $45,000 AGI, triggering Child care is a growing concern to child care. Each of these provisions has a reduction in the current rate of 20 businesses, big and small. Employers been included to solve a specific prob- percent. The median income in most are coming to the realization that af- lem or break through a barrier that States is significantly below this trig- fordable, convenient high-quality child has hampered efforts to improve the ger. care is a critical element in hiring and quality of child care. Taken as a whole, At the end of the 5-year phase in pe- retaining skilled employees. Many these provisions represent a com- riod, the tax credit remains at or above companies, such as Johnson & Johnson, prehensive effort to increase the supply the current 20 percent rate for families IBM, and others have been very innova- while simultaneously creating a de- with an AGI of $55,000—if they choose tive in providing child care assistance mand for high-quality child care, and high-quality child care. No States have for their employees. Small businesses make it affordable for low- and middle- median incomes of families with chil- in particular are finding it difficult to income families. dren which exceed this which triggers a meet the child care needs of their em- To offset the cost of these changes, reduction below current child care tax ployees, but recognize the importance the bill reduces, but does not elimi- rate. Families with incomes at or of that help. nate, the dependent care tax credit for above $70,000 will still receive a tax The CIDCARE Act creates a tax cred- upper income taxpayers. Over a 5-year credit of ten percent, increased to it for employers providing or otherwise period, it gradually decreases the 12.5% if high quality care is used. supporting high-quality child care ar- amount that an employee can place in In terms of money, a one percent de- rangements for their employees. On the a dependent care assistance plan used crease in the child care tax credit Budget Reconciliation bill passed by to reimburse nonaccredited or non-cre- equals $24 when care for one child is the Senate, Senator KOHL introduced dential child care. In addition, the leg- claimed, and $48 for two or more chil- an amendment to provide a time-lim- islation expands the coordinated en- dren. Families making $70,000 or more ited tax credit for employers who pro- forcement efforts of the Internal Reve- are the hardest hit by my legislation. vide child care for their employees. To nue Service and the HHS Office of Yet their maximum financial cost is reinforce the importance of the Kohl Child Support Enforcement, which will $240 a year for one child,or $480 a year amendment, I have included it in significantly reduce the amount of for two or more children—about half of CIDCARE. Fifty percent of the ex- fraud related to illegal tax deduction one percent of their adjusted gross in- penses incurred by a business to meet and credit claims by noncustodial, non- come. the child care needs of employees will contributing parents. The second area of changes occurs in be credited toward the business’ Fed- The first provision in CIDCARE the Dependent Care Assistance Plan eral tax liability. Eligible expenses are makes several changes in the Child and (DCAP). The CIDCARE Act increases capped at $150,000 per year, and the tax Dependent Care Tax Credit [CDCTC]. the amount that an employee can con- credit sunsets after three years. This tax credit is the largest tax-based tribute to a DCAP account, if the funds Costs allowed to businesses under subsidy for child care. The bill raises are used to pay for the care of two or this provision include startup costs, the income level for the receipt of the more eligible persons. In addition, the renovations to meet accreditation highest percentage of employment-re- amount of DCAP contributions is in- standards, professional development lated child care costs from $10,000 to creased for high-quality care and de- for child care providers, general oper- $20,000. The percentage is decreased at creased for care that is provided by an ating expenses, subsidized child care a rate of 1 percent for each additional unaccredited child care facility or a for lower paid employees, support for $2,500 in adjusted gross income and sets person who has not received a profes- child care resource and referral serv- a minimum percentage of 10 percent sional credential. At the end of the five ices and other child care activities. for incomes of $70,000 and above. year phase in, the maximum decrease These provisions encourage business This change represents a more equi- in the DCAP amount for unaccredited involvement and innovation in meeting table distribution of limited resources care is 20% lower than the current ceil- the child care needs of employees and based on the percentage of income a ing on contributions. These differential increasing the demand for higher qual- family must use to meet child care ex- rates are phased in over a five year pe- ity child care. penses. For families qualifying for the riod in order for child care providers to Current law prohibits businesses EITC, the legislation makes the child achieve accreditation or become from receiving a charitable deduction care tax credit refundable, on a quar- credentialed in child care. for donations made to public entities, terly basis. This will enable many low- Current law prohibits DCAP from such as schools and child care services. income working families to move from being used to pay relatives for care. CIDCARE will extend eligibility for a part-time to full-time employment, by While I support needed controls on the business charitable deduction to the easing the burden of child care costs use of DCAP accounts in most cases, donation of educational equipment and July 17, 1997 CONGRESSIONAL RECORD — SENATE S7721 supplies donated to public schools, pub- business is to allow parents to have must not have reduced the scope or lic child care providers, and public more time with their families, yet ex- otherwise decreased the state’s licens- child care support entities, such as re- isting law would keep a new mother ing requirements since 1995, must be in source and referral services. If child from legitimately claiming a home of- compliance with the requirements of care is to improve and meet the devel- fice deduction if she has her child the Child Care and Development Block opmental needs of our Nation’s chil- sleeping in a crib in a corner of the Grant, must have drawn down at least dren, every available resource must be room where she is working. 80% of the amount awarded to the state made available. Computers which are The non-tax related provisions of the in federal entitlement child care funds discarded because they are too slow or legislation are designed to complement requiring a state match, and must con- have insufficient hard drive capacity, and work with the tax provisions. In duct annual on-site monitoring of state can be the first step into the computer- order for families to be able to take ad- licensed or otherwise regulated child age for a small child or the link to pro- vantage of the increased tax credits for care facilities, with at least one unan- fessional training for a child care pro- child care in an accredited center or nounced visit every 3 years. The legis- vider. with a provider who has received a lation requires that a Priority be given A critical part of improving the qual- child care credential, there need to be to states that raise at least a 10% ity of child care is professional devel- more of these high quality centers and match for the federal funds from busi- opment for child care providers. Since better trained providers. Child care ness or other private sources. the 1970’s there has been a decline in providers must have easy, affordable States must use at least 20% of the child care teacher salaries. In 1990, access to training and other activities grant funds awarded to establish a sub- teachers in child care centers earned which will lead to accreditation and sidy program to provide salary in- an average of $11,500 a year. Assistant credentialing. This effort will require creases to child care providers who are teachers, the largest growing segment that the federal government join forces credentialed in the state. The low level of child care professionals, were paid with states and the business commu- of child care wages is the most often 10- to 20-percent less than child care nity. Parents must be made aware of cited reason for the tremendous staff teachers. The 1990 annual income of how to identify quality child care and turnover in the child care profession. regulated family child care providers its importance in their children’s lives. In areas where child care subsidies as was $10,944 which translates to about $4 And the federal government should set low as fifty cents an hour are put in an hour. Nonregulated family child an example by requiring that child care place, the staff turnover rate drops dra- care, generally comprised of providers centers located in federal facilities matically. The wage subsidy also will taking care of a smaller number of meet higher standards of care. It will encourage more child care providers to children, earned an average of $4,275 a take all of these provisions, working get additional training or advance year—substantially less than minimum together, to improve the quality of their education. wage. child care for our children. In addition, states will need to use at With these wages, it is easy to under- The CIDCARE Act will require that least twenty-percent of the funds stand why more child care providers do states include the cost of child care in awarded for a grant program to provide not participate in professional training the calculation of child support obliga- start-up funds for partnerships of small or attend college classes to improve tions. When a custodial parent is em- businesses to develop and operate child their skills. The costs of applying for ployed or actively seeking employ- care cooperative services for their em- and receiving certification as a quali- ment, the state procedures for the de- ployees. While large employers have fied child care professional are mini- termination of the amount of child both the number of employees to jus- mal, but understandably out of reach support need to include an amount tify an on- or near-site child care cen- for many child care providers. equal to or more than the child care ter and the additional financial re- This legislation will exempt expenses rates used by the state to administer sources for start-up costs, small busi- directly related to child care accredita- the Child Care and Development Block nesses have been struggling with ways tion or becoming credentialed from the Grant Act. When child care is being to help their employees meet their 2 percent floor that is applied to mis- provided in an accredited child care child care needs. This grant program cellaneous itemized deductions. This center or by a credentialed child care will provide time-limited help for part- will at least permit child care provid- that rate will be increased by fifty-per- nerships of small businesses who work ers to receive a full deduction for the cent. together to develop child care re- expenses associated with improving the Since the passage of the Child Care sources for their employees. child care services which they provide. and Development Act in 1990, states States can use the remainder of This incentive for professional growth have been setting ‘‘market’’ or ‘‘com- grant funds awarded for any of the fol- and the development of new skills is a parable’’ rates for child care. CIDCARE lowing activities: developing standards small but critical part of my overall ef- uses those rates as a baseline for add- for of entities applying for state rec- fort to support high-quality child care. ing the cost of child care to the ognition for the accreditation and The last tax modification in amount of child support which a non- credentialing of child care providers; CIDCARE creates a very limited excep- custodial parent will be required to establishing a scholarship program to tion to the executive use rule govern- pay. Current child support calculations help child care providers meet the ing the tax deduction for home office include estimates of the other basic ex- costs of education and training; ex- expenses. The legislation will permit penses necessary to provide financially panding state-based child care training the mixed use of home office space for for a child. In many instances, the ex- and technical assistance activities; im- business and personal purposes to allow pense of child care is the direct result prove consumer education efforts in- a person to care for his or her child. In of the divorce or lack of financial sup- cluding the expansion of resource and some ways, the need for this exception port from the non-custodial parent. It referral services and child care com- comes down to fundamental fairness. is only fair that child care expenses be plaint systems; providing increased How many school holidays, snow days included in those calculations. If the rates of reimbursement provided under and other times do children accompany custodial parent secures higher quality federal or state child care assistance their parents into work? child care, the non-custodial parent for children with special needs; pur- I can always tell when the schools will share in the additional costs of chasing special supplies, equipment, or are unexpectedly closed, by the in- that care. Children should not be meeting other extraordinary expenses creased number of little people I see in forced into poor quality child care be- necessary for the care of special needs Senate offices and eateries. I have been cause a non-custodial parent refused to children for distribution to child care in Senate offices and other workplaces share in the additional expense of high- providers serving special needs chil- where a crib or playpen is clearly in er quality care. dren, or providing increased rates of re- evidence. Yet, none of us question The CIDCARE bill establishes a $260 imbursement provided under federal or whether our offices are exclusively for million competitive grant program to state child care assistance for accred- business use. One of the big incentives assist states in improving the quality ited and credentialed care. Each of for telecommuting and home-based of child care. To be eligible, a state these activities has been demonstrated S7722 CONGRESSIONAL RECORD — SENATE July 17, 1997 to be a contributing factor in improv- tive costs are included in the bill pro- onstrate a commitment to quality ing the quality of child care. vide both financial and programmatic child care, by raising the standards it Parents, child care providers, em- accountability. applies to its own programs. ployers, and others need a constantly Through the child care training in- The CIDCARE Act will expand the updated source of information about frastructure, a no interest revolving Community Development Block Grant improving the quality of child care. loan fund is established to enable child to include the renovation or upgrading States need a central depository where care providers and child care support of child care facilities to meet accredi- they can learn what other states are entities to purchase computers, sat- tation standards as an allowable use of doing as well as a place where they can ellite dishes, and other technological the grant funds. It also will extend ex- contribute their own ideas and activi- equipment which enable them to par- isting Perkins and Stafford Loan for- ties from which others can learn. The ticipate in the child care training pro- giveness programs to include persons collection and dissemination of infor- vided on the national infrastructure. who work as credentialed professionals mation, demonstrations, and tech- For the first five years of the legisla- in a child care setting. Just as these nology is one of the most important tion, at least ten-percent of the funds loan forgiveness programs helped en- roles of the federal government. appropriated for the child care training courage more people to become teach- Under provisions in the CIDCARE infrastructure will be placed into the ers, I hope that this extension of these Act, the Department of Health and revolving loan fund. This part of two educational loan programs to child Human Services (HHS) will collect in- CIDCARE, like similar federal loan care providers will result in more and formation about the importance of programs, establishes that the funds be better qualified child care providers. high quality child care (including what kept in a separate interest bearing ac- To be eligible for loan forgiveness, the it is, how to identify it, why it is im- count, establishes application proce- person must be employed full time pro- portant for children), and in partner- dures, terms and conditions for the ap- viding child care services and have a ship with the ADCouncil or similar proval of such loans, and procedures for degree in early childhood education or professional advertising entity, distrib- handling loan defaults. development or receive professional ute that information through a na- At the current time, child care cen- child care credentials. tional public awareness campaign and ters located in federal facilities are not The need for high-quality child care other mechanisms. To increase the ca- required to meet even basic safety and is compelling. Having affordable, con- pacity of child care credentialing and health requirements. They are not sub- venient child care is tied directly to a accreditation entities, HHS will award ject to state or local laws or regula- family’s ability to produce income. competitive grants to child care tions governing the operation of a child Good child care can be an effective way credentialing and accreditation enti- care center. The CIDCARE Act will re- to support the healthy development of ties that have not been in existence quire federal child care centers (those children, particularly in the acquisi- more than 10 years for the purpose of in buildings leased or owned by the fed- tion of social and language skills. For refining and evaluating their proce- eral government—legislative, execu- the millions of children who spend dures for and methods of granting child tive, judicial branches) to meet all much of their preschool lives and many care accreditation and/or state and local licensing and other reg- of their nonschool hours being cared credentialing. The legislation author- ulatory requirements related to the for by someone other than their par- izes $10 million annually, to conduct provision of child care, within six ents, child care provides the foundation these information and technology months of the passage of this legisla- upon which all future education will be transfer activities. tion—or make substantial progress to- built—and determines to a large extent The CIDCARE Act authorizes $50 mil- wards meeting those requirements. The whether that foundation will be strong lion a year to create and operate a appropriate Administrator of each or weak. technology-based training infrastruc- branch of government shall issue regu- As we all know, quality child care ture to enable child care providers na- lations specifying center-based child costs money. It costs money to parents tionwide to receive the training, edu- care accreditation standards and re- who bear the biggest burden for the cation, and support they need to im- quire all child care facilities in federal cost of child care. It costs businesses prove the quality of child care. The bill buildings under their control achieve both through the direct assistance that builds upon existing distance learning, accreditation within 3 years of the pas- they provide to employees to help with Internet, and satellite resources, with sage of this legislation. the costs of child care, and through sufficient funding to expand access to If the child care program located in a their ability to hire and retain a affordable child care training and in- federal facility fails to be in compli- skilled work force. It costs Govern- formation. The primary focus of the in- ance, or show substantial compliance ment through existing tax provisions, frastructure will be to disseminate the with state and local licensing require- direct spending, and discretionary training necessary to become an ac- ments within six months or with the spending targeted at child care. But credited child care center or a identified accreditation standards the costs of not making this invest- credentialed child care professional. within three years, the agency must ment are even higher. Those costs can Training and education, delivered at a cease providing child care in that child be measured in the expense of remedial minimal cost and accessible to individ- care center. On-site monitoring to en- education, the expansion of an un- uals within 25 miles of their homes, sure compliance with these regulations skilled labor force, the increase in pris- will remove one of the most substan- and standards must be performed by an on populations, and most importantly, tial barriers to child care credentialing outside entity. The legislation author- the blunted potential of millions of and accreditation. izes $900 thousand to the General Serv- children. Essentially, the legislation estab- ices Administration (GSA) to imple- I urge my colleagues to join Senator lishes a child care training and edu- ment this provision. DODD, Senator ROBERTS and me in sup- cation interactive ‘‘network’’, which CIDCARE will require that federal port of the CIDCARE bill. will be used by child care credentialing child care programs provided by the I ask unanimous consent that the and accreditation entities for training, Corporation for National and Commu- text of the bill be printed in the skills testing, and other activities nity Service, the Departments of De- RECORD. needed to achieve and maintain child fense, Education, Housing and Urban There being no objection, the bill was care credentialing and accreditation. Affairs, Justice, and Labor, will ensure, ordered to be printed in the RECORD, as Entities recognized by 2 or more states to the maximum extent possible, that follows: as providing accepted child care by October 1, 2001, any child care made S. 1037 credentialing or accreditation services available through programs funded or Be it enacted by the Senate and House of Rep- will be active participants in decisions operated by those Departments and the resentatives of the United States of America in governing the use of the child care Corporation, be provided by an accred- Congress assembled, ‘‘training network.’’ Time lines for the ited child care facility or a SECTION 1. SHORT TITLE; TABLE OF CONTENTS. creation and implementation of the in- credentialed child care professional. (a) SHORT TITLE.—This Act may be cited as frastructure and caps on administra- The federal government needs to dem- the ‘‘Creating Improved Delivery of Child July 17, 1997 CONGRESSIONAL RECORD — SENATE S7723

Care: Affordable, Reliable, and Educational 9831 et seq.) and is in compliance with any ‘‘(B) INITIAL PERCENTAGE FOR EXPENSES IN- Act’’ or as the ‘‘CIDCARE Act’’. applicable performance standards estab- CURRED FOR ACCREDITED OR CREDENTIALED (b) TABLE OF CONTENTS.—The table of con- lished by regulation under such Act for Head PROVIDERS.—For purposes of subparagraph tents of this Act is as follows: Start programs; or (A)(i), the initial percentage shall be deter- Sec. 1. Short title; table of contents. (D) a military child development center (as mined in accordance with the following Sec. 2. Definitions. defined in section 1798(1) of title 10, United table: States Code). TITLE I—DEMAND FOR QUALITY CHILD ‘‘In the case of any tax- The initial percentage (2) CHILD CARE CREDENTIALING OR ACCREDI- CARE able year beginning is— TATION ENTITY.—The term ‘‘child care in— Sec. 101. Expansion of dependent care tax credentialing or accreditation entity’’ means 1998 ...... 31.5 credit. a nonprofit private organization or public 1999 ...... 33 Sec. 102. Expansion of dependent care assist- agency that— 2000 ...... 34.5 ance program. (A) is recognized by a State agency or trib- 2001 ...... 36 Sec. 103. Inclusion of child care costs in al organization; and 2002 and thereafter ...... 37.5.’’ child support orders. (B) accredits a center or credentials an in- (b) DEFINITIONS.—Section 21(b)(2) of the In- TITLE II—SUPPLY OF QUALITY CHILD dividual to provide child care on the basis ternal Revenue Code of 1986 (relating to defi- CARE of— nitions of qualifying individual and employ- ment-related expenses) is amended by adding Subtitle A—Tax Benefits for Quality Child (i) an accreditation or credentialing in- at the end the following: Care strument based on peer-validated research; (ii) compliance with applicable State and ‘‘(E) ACCREDITED CHILD CARE CENTER.—The Sec. 201. Allowance of credit for employer local licensing requirements, or standards term ‘accredited child care center’ means— expenses for child care assist- described in section 658E(c)(2)(E)(ii) of the ‘‘(i) a center that is accredited, by a child ance. Child Care and Development Block Grant care credentialing or accreditation entity Sec. 202. Charitable contributions of sci- Act (42 U.S.C. 9858c(c)(2)(E)(ii)), as appro- recognized by a State, to provide child care entific equipment to accredited priate, for the center or individual; to children in the State (except children who and credentialed child care pro- (iii) outside monitoring of the center or in- a tribal organization elects to serve through viders and to elementary and dividual; and a center described in clause (ii)); secondary schools. (iv) criteria that provide assurances of— ‘‘(ii) a center that is accredited, by a child Sec. 203. 2-percent floor on miscellaneous (I) compliance with age-appropriate health care credentialing or accreditation entity itemized deductions not appli- and safety standards at the center or by the recognized by a tribal organization, to pro- cable to accreditation and individual; vide child care for children served by the credentialing expenses of child (II) use of age-appropriate developmental tribal organization; care providers. and educational activities, as an integral ‘‘(iii) a center that is used as a Head Start Sec. 204. Expansion of home office deduction part of the child care program carried out at center under the Head Start Act (42 U.S.C. to include use of office for de- the center or by the individual; and 9831 et seq.) and is in compliance with any pendent care. (III) use of ongoing staff development or applicable performance standards estab- Subtitle B—Child Care Quality Improvement training activities for the staff of the center lished by regulation under such Act for Head Incentive Program or the individual, including related skills- Start programs; or ‘‘(iv) a military child development center Sec. 211. Definitions. based testing. (as defined in section 1798(1) of title 10, Unit- Sec. 212. Establishment of State program. (3) CREDENTIALED CHILD CARE PROFES- ed States Code). Sec. 213. State eligibility and application re- SIONAL.—The term ‘‘credentialed child care ‘‘(F) CHILD CARE CREDENTIALING OR ACCRED- quirements. professional’’ means— Sec. 214. Use of funds by States. (A) an individual who is credentialed, by a ITATION ENTITY.—The term ‘child care Sec. 215. Authorization of appropriations. child care credentialing or accreditation en- credentialing or accreditation entity’ means tity recognized by a State, to provide child a nonprofit private organization or public Subtitle C—Distribution of Information care to children in the State (except children agency that— About Quality Child Care who a tribal organization elects to serve ‘‘(i) is recognized by a State agency or trib- Sec. 221. Expansion of role of the Depart- through an individual described in subpara- al organization; and ment of Health and Human graph (B)); or ‘‘(ii) accredits a center or credentials an Services in the collection and (B) an individual who is credentialed, by a individual to provide child care on the basis dissemination of information child care credentialing or accreditation en- of— and technology. tity recognized by a tribal organization, to ‘‘(I) an accreditation or credentialing in- Sec. 222. Child care training infrastructure. provide child care for children served by the strument based on peer-validated research; Sec. 223. Child care training revolving fund. tribal organization. ‘‘(II) compliance with applicable State and Subtitle D—Quality Child Care Through (4) STATE; TRIBAL ORGANIZATION.—The local licensing requirements, or standards Federal Facilities and Programs terms ‘‘State’’ and ‘‘tribal organization’’ described in section 658E(c)(2)(E)(ii) of the Sec. 231. Providing quality child care in have the meaning given the term in section Child Care and Development Block Grant Federal facilities. 658P of the Child Care and Development Act (42 U.S.C. 9858c(c)(2)(E)(ii)), as appro- Sec. 232. Providing quality child care Block Grant Act (42 U.S.C. 9858n). priate, for the center or individual; through Federal programs. TITLE I—DEMAND FOR QUALITY CHILD ‘‘(III) outside monitoring of the center or Sec. 233. Use of community development CARE individual; and block grants to establish ac- SEC. 101. EXPANSION OF DEPENDENT CARE TAX ‘‘(IV) criteria that provide assurances of— credited child care centers. CREDIT. ‘‘(aa) compliance with age-appropriate health and safety standards at the center or Subtitle E—Miscellaneous Provisions (a) PERCENTAGE OF EMPLOYMENT-RELATED EXPENSES DETERMINED BY STATUS OF CARE by the individual; Sec. 241. Student loan repayment and can- GIVER.—Section 21(a)(2) of the Internal Reve- ‘‘(bb) use of age-appropriate developmental cellation for child care workers. nue Code of 1986 (defining applicable percent- and educational activities, as an integral Sec. 242. Expansion of coordinated enforce- age) is amended to read as follows: part of the child care program carried out at ment efforts of Internal Reve- ‘‘(2) APPLICABLE PERCENTAGE DEFINED.— the center or by the individual; and nue Service and HHS Office of ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(cc) use of ongoing staff development or Child Support Enforcement. graph (1), the term ‘applicable percentage’ training activities for the staff of the center SEC. 2. DEFINITIONS. means— or the individual, including related skills- In this Act: ‘‘(i) in the case of employment-related ex- based testing. (1) ACCREDITED CHILD CARE CENTER.—The penses described in subsection (b)(2)(A)(ii) in- ‘‘(G) CREDENTIALED CHILD CARE PROFES- term ‘‘accredited child care center’’ means— curred for the care of a qualifying individual SIONAL.—The term ‘credentialed child care (A) a center that is accredited, by a child described in subsection (b)(1)(A) by an ac- professional’ means— care credentialing or accreditation entity credited child care center or a credentialed ‘‘(i) an individual who is credentialed, by a recognized by a State, to provide child care child care professional, the initial percent- child care credentialing or accreditation en- to children in the State (except children who age reduced (but not below 12.5 percent) rat- tity recognized by a State, to provide child a tribal organization elects to serve through ably for each $2,500 (or fraction thereof) by care to children in the State (except children a center described in subparagraph (B)); which the taxpayers’s adjusted gross income who a tribal organization elects to serve (B) a center that is accredited, by a child for the taxable year exceeds $20,000, and through an individual described in clause care credentialing or accreditation entity ‘‘(ii) in any other case, 30 percent reduced (i)); or recognized by a tribal organization, to pro- (but not below 10 percent) ratably for each ‘‘(ii) an individual who is credentialed, by vide child care for children served by the $2,500 (or fraction thereof) by which the a child care credentialing or accreditation tribal organization; taxpayers’s adjusted gross income for the entity recognized by a tribal organization, to (C) a center that is used as a Head Start taxable year exceeds $20,000 but does not ex- provide child care for children served by the center under the Head Start Act (42 U.S.C. ceed $70,000. tribal organization. S7724 CONGRESSIONAL RECORD — SENATE July 17, 1997

‘‘(H) TRIBAL ORGANIZATION.—The term ‘‘(2) ADVANCE AMOUNT TABLES.—The tables clause (i) shall be applied by using one-half ‘tribal organization’ has the meaning given referred to in paragraph (1)(C) shall be simi- of any amount specified in such clause. the term in section 658P of the Child Care lar in form to the tables prescribed under ‘‘(iii) PROVIDERS.—For purposes of clause and Development Block Grant Act (42 U.S.C. section 3402 and, to the maximum extent fea- (i)(I), the terms ‘accredited child care center’ 9858n).’’ sible, shall be coordinated with such tables and ‘credentialed child care professional’ (c) CREDIT MADE REFUNDABLE FOR LOW IN- and the tables prescribed under section have the meaning given such terms by sub- COME TAXPAYERS.— 3507(c). paragraphs (E) and (G) of section 21(c)(2), re- (1) IN GENERAL.—Section 21 of the Internal ‘‘(d) OTHER RULES.—For purposes of this spectively. Revenue Code of 1986 (relating to credit for section, rules similar to the rules of sub- (b) PAYMENTS FOR STAY-AT-HOME CARE AL- household and dependent care services) is sections (d) and (e) of section 3507 shall LOWED.— amended by redesignating subsection (f) as apply. (1) IN GENERAL.—Section 129(e)(1) of the In- subsection (g) and by inserting after sub- ‘‘(e) DEFINITIONS.—For purposes of this sec- ternal Revenue Code of 1986 (relating to defi- section (e) the following: tion, terms used in this section which are de- nitions and special rules) is amended to read ‘‘(f) CREDIT MADE REFUNDABLE FOR LOW IN- fined in section 21 shall have the respective as follows: COME TAXPAYERS.— meanings given such terms by section 21.’’. ‘‘(1) DEPENDENT CARE ASSISTANCE.—The ‘‘(1) IN GENERAL.—For purposes of this sub- (B) CONFORMING AMENDMENT.—The table of term ‘dependent care assistance’ means— title, in the case of an applicable taxpayer sections for chapter 25 of such Code is ‘‘(A) the payment of, or provision of, those individual, the credit allowable under sub- amended by adding after the item relating to services which if paid for by the employee section (a) for any taxable year shall be section 3507 the following: would be considered employment-related ex- treated as a credit allowable under subpart C ‘‘Sec. 3507A. Advance payment of dependent penses under section 21(b)(2) (relating to ex- of this part. care credit.’’. penses for household and dependent care ‘‘(2) APPLICABLE TAXPAYER.—For purposes services necessary for gainful employment), (d) EFFECTIVE DATES.— of this subsection, the term ‘applicable tax- and (1) APPLICABLE PERCENTAGE.—The amend- payer’ means a taxpayer with respect to ‘‘(B) any payment to the employee from ments made by subsection (a) and (b) shall whom the credit under section 32 is allow- amounts contributed to the employee’s ac- apply to taxable years beginning after De- able for the taxable year. count during the pregnancy of the employee cember 31, 1997. ‘‘(3) COORDINATION WITH ADVANCE PAYMENTS paid within 1 year after such contribution (2) CREDIT MADE REFUNDABLE.—The amend- AND MINIMUM TAX.—Rules similar to the rules and during the period in which— ments made by subsection (c) shall apply to of subsections (g) and (h) of section 32 shall ‘‘(i) the employee, taxable years beginning after December 31, apply with respect to the portion of any ‘‘(ii) the employee’s spouse, or 2000. credit to which this subsection applies.’’. ‘‘(iii) a parent of the employee or the em- SEC. 102. EXPANSION OF DEPENDENT CARE AS- (2) ADVANCE PAYMENT OF CREDIT.— ployee’s spouse, SISTANCE PROGRAM. (A) IN GENERAL.—Chapter 25 of such Code stays at home to care for a qualifying indi- (a) IN GENERAL.—Section 129(a)(2)(A) of the vidual described in section 21(b)(1)(A).’’. (relating to general provisions relating to Internal Revenue Code of 1986 (relating to (2) CONFORMING AMENDMENTS.— employment taxes) is amended by inserting limitation of exclusion) is amended to read after section 3507 the following: (A) Section 129(c) of such Code (relating to as follows: payments to related individuals) is amended ‘‘SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT ‘‘(A) DOLLAR LIMITATION.— CARE CREDIT. by striking ‘‘No amount’’ and inserting ‘‘Ex- ‘‘(i) IN GENERAL.—The amount which may cept in the case of payments described in ‘‘(a) GENERAL RULE.—Except as otherwise be excluded under paragraph (1) for depend- provided in this section, every employer subsection (e)(1)(B), no amount.’’. ent care assistance with respect to depend- (B) Section 129(e)(9) of such Code (relating making payment of wages with respect to ent care services provided during a taxable whom a dependent care eligibility certificate to identifying information required with re- year shall not exceed— spect to service provider) is amended by is in effect shall, at the time of paying such ‘‘(I) in the case of dependent care services wages, make an additional payment equal to striking ‘‘No amount’’ and inserting ‘‘Except provided by an accredited child care center in the case of payments described in para- such employee’s dependent care advance or a credentialed child care professional for amount. graph (1)(B)(i), no amount.’’. a qualifying individual described in section (c) DEPENDENT CARE ASSISTANCE PROGRAM ‘‘(b) DEPENDENT CARE ELIGIBILITY CERTIFI- 21(b)(1)(A), an amount determined in accord- FOR FEDERAL EMPLOYEES.—Subpart G of part CATE.—For purposes of this title, a depend- ance with the following table: ent care eligibility certificate is a statement III of title 5, United States Code, is amended furnished by an employee to the employer by inserting after chapter 87 the following: which— ‘‘CHAPTER 88—DEPENDENT CARE For 2 or more ASSISTANCE PROGRAM ‘‘(1) certifies that the employee will be eli- ‘‘In the case of tax- For 1 qualifying qualifying indi- gible to receive the credit provided by sec- able years beginning individual, the viduals, the ‘‘§ 8801. Definitions tion 21 for the taxable year, in: amount is: amount is: ‘‘(a) For the purpose of this chapter, ‘em- ‘‘(2) certifies that the employee reasonably ployee’ means— expects to be an applicable taxpayer for the 1998 ...... $5,200 $6,700 ‘‘(1) an employee as defined by section 2105 taxable year, 1999 ...... $5,400 $6,900 of this title; ‘‘(3) certifies that the employee does not 2000 ...... $5,600 $7,100 ‘‘(2) a Member of Congress as defined by have a dependent care eligibility certificate 2001 ...... $5,800 $7,300 section 2106 of this title; in effect for the calendar year with respect 2002 and thereafter .... $6,000 $7,500, ‘‘(3) a Congressional employee as defined to the payment of wages by another em- by section 2107 of this title; ployer, ‘‘(II) in the case of other dependent care ‘‘(4) the President; ‘‘(4) states whether or not the employee’s services for a qualifying individual described ‘‘(5) a justice or judge of the United States spouse has a dependent care eligibility cer- in section 21(b)(1)(A) or payments described appointed to hold office during good behav- tificate in effect, in subsection (e)(1)(B), an amount deter- ior (i) who is in regular active judicial serv- ‘‘(5) states the number of qualifying indi- mined in accordance with the following ice, or (ii) who is retired from regular active viduals in the household maintained by the table: service under section 371(b) or 372(a) of title employee, 28, United States Code, or (iii) who has re- ‘‘(6) states whether a qualifying individual signed the judicial office under section 371(a) will be cared for by an accredited child care ‘‘In the case of tax- For 1 qualifying For 2 or more of title 28 with the continued right during center or a credentialed child care profes- able years beginning individual, the qualifying indi- the remainder of his lifetime to receive the sional, and in: amount is: viduals, the salary of the office at the time of his res- ‘‘(7) estimates the amount of employment- amount is: ignation; related expenses for the calendar year. ‘‘(6) an individual first employed by the ‘‘(c) DEPENDENT CARE ADVANCE AMOUNT.— 1998 ...... $4,800 $6,300 government of the District of Columbia be- ‘‘(1) IN GENERAL.—For purposes of this 1999 ...... $4,600 $6,100 fore October 1, 1987; title, the term ‘dependent care advance 2000 ...... $4,400 $5,900 ‘‘(7) an individual employed by Gallaudet amount’ means, with respect to any payroll 2001 ...... $4,200 $5,700 College; period, the amount determined— 2002 and thereafter .... $4,000 $5,500, ‘‘(8) an individual employed by a county ‘‘(A) on the basis of the employee’s wages and committee established under section 590h(b) from the employer for such period, ‘‘(III) in the case of other dependent care of title 16; ‘‘(B) on the basis of the employee’s esti- services for a qualifying individual described ‘‘(9) an individual appointed to a position mated employment-related expenses in- in subparagraph (B) or (C) of section 21(b)(1), on the office staff of a former President cluded in the dependent care eligibility cer- $5,000. under section 1(b) of the Act of August 25, tificate, and ‘‘(ii) AMOUNTS FOR MARRIED INDIVIDUALS 1958 (72 Stat. 838); and ‘‘(C) in accordance with tables provided by FILING SEPARATE RETURNS.—In the case of a ‘‘(10) an individual appointed to a position the Secretary. separate return by a married individual, on the office staff of a former President, or July 17, 1997 CONGRESSIONAL RECORD — SENATE S7725

a former Vice President under section 4 of ‘‘(b) DOLLAR LIMITATION.—The credit al- The applicable the Presidential Transition Act of 1963, as lowable under subsection (a) for any taxable recapture amended (78 Stat. 153), who immediately be- year shall not exceed $150,000. ‘‘If the recapture event percentage is: fore the date of such appointment was an ‘‘(c) DEFINITIONS.—For purposes of this sec- occurs in: employee as defined under any other para- tion— Years 1–3 ...... 100 graph of this subsection; ‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.— Year 4 ...... 85 but does not include— The term ‘qualified child care expenditure’ Year 5 ...... 70 ‘‘(A) an employee of a corporation super- means any amount paid or incurred— Year 6 ...... 55 vised by the Farm Credit Administration if ‘‘(A) to acquire, construct, rehabilitate, or Year 7 ...... 40 private interests elect or appoint a member expand property— Year 8 ...... 25 of the board of directors; ‘‘(i) which is to be used as part of a quali- Years 9 and 10 ...... 10 ‘‘(B) an individual who is not a citizen or fied child care facility of the taxpayer, Years 11 and thereafter 0. national of the United States and whose per- ‘‘(ii) with respect to which a deduction for ‘‘(B) YEARS.—For purposes of subparagraph manent duty station is outside the United depreciation (or amortization in lieu of de- (A), year 1 shall begin on the first day of the States, unless the individual was an em- preciation) is allowable, and taxable year in which the qualified child ployee for the purpose of this chapter on ‘‘(iii) which does not constitute part of the care facility is placed in service by the tax- September 30, 1979, by reason of service in an principal residence (within the meaning of payer. Executive agency, the United States Postal section 1034) of the taxpayer or any employee ‘‘(3) RECAPTURE EVENT DEFINED.—For pur- Service, or the Smithsonian Institution in of the taxpayer, poses of this subsection, the term ‘recapture the area which was then known as the Canal ‘‘(B) for the operating costs of a qualified event’ means— Zone; or child care facility of the taxpayer, including ‘‘(A) CESSATION OF OPERATION.—The ces- ‘‘(C) an employee excluded by regulation of costs related to the training of employees, to sation of the operation of the facility as a the Office of Personnel Management under scholarship programs, and to the providing qualified child care facility. section 8716(b) of this title. of increased compensation to employees with ‘‘(B) CHANGE IN OWNERSHIP.— ‘‘(b) For the purpose of this chapter, ‘de- higher levels of child care training, ‘‘(i) IN GENERAL.—Except as provided in pendent care assistance program’ has the ‘‘(C) under a contract with a qualified child clause (ii), the disposition of a taxpayer’s in- meaning given such term by section 129(d) of care facility to provide child care services to terest in a qualified child care facility with the Internal Revenue Code of 1986. employees of the taxpayer, respect to which the credit described in sub- ‘‘§ 8802. Dependent care assistance program ‘‘(D) under a contract to provide child care section (a) was allowable. ‘‘The Office of Personnel Management resource and referral services to employees ‘‘(ii) AGREEMENT TO ASSUME RECAPTURE LI- shall establish and maintain a dependent of the taxpayer, or ABILITY.—Clause (i) shall not apply if the care assistance program for the benefit of ‘‘(E) for the costs of seeking accreditation person acquiring such interest in the facility employees.’’. from a child care credentialing or accredita- agrees in writing to assume the recapture li- (d) EFFECTIVE DATE.—The amendments tion entity (as defined in section 21(b)(2)(F) ability of the person disposing of such inter- made by this section apply to taxable years with respect to a qualified child care facil- est in effect immediately before such disposi- beginning after December 31, 1997. ity. tion. In the event of such an assumption, the SEC. 103. INCLUSION OF CHILD CARE COSTS IN ‘‘(2) QUALIFIED CHILD CARE FACILITY.— person acquiring the interest in the facility CHILD SUPPORT ORDERS. ‘‘(A) IN GENERAL.—The term ‘qualified shall be treated as the taxpayer for purposes (a) IN GENERAL.—Section 466(a) of the So- child care facility’ means a facility— of assessing any recapture liability (com- cial Security Act (42 U.S.C. 666(a)) is amend- ‘‘(i) the principal use of which is to provide puted as if there had been no change in own- ed by inserting after paragraph (19) the fol- child care assistance, and ership). lowing: ‘‘(ii) which meets the requirements of all ‘‘(4) SPECIAL RULES.— ‘‘(20) CHILD CARE COSTS.— applicable laws and regulations of the State ‘‘(A) TAX BENEFIT RULE.—The tax for the ‘‘(A) IN GENERAL.—Procedures under which or local government in which it is located, taxable year shall be increased under para- all child support orders enforced under this including, but not limited to, the licensing of graph (1) only with respect to credits allowed part shall include in the case of a custodial the facility as a child care facility. by reason of this section which were used to parent who is employed or is actively seek- Clause (i) shall not apply to a facility which reduce tax liability. In the case of credits ing employment an amount equal to or more is the principal residence (within the mean- not so used to reduce tax liability, the than the applicable payment rate for the ing of section 1034) of the operator of the fa- carryforwards and carrybacks under section type of child care services provided to that cility. 39 shall be appropriately adjusted. parent’s child or children that is established ‘‘(B) SPECIAL RULES WITH RESPECT TO A TAX- ‘‘(B) NO CREDITS AGAINST TAX.—Any in- in accordance with section 658E(c)(4) of the PAYER.—A facility shall not be treated as a crease in tax under this subsection shall not Child Care and Development Block Grant qualified child care facility with respect to a be treated as a tax imposed by this chapter Act of 1990 (42 U.S.C. 9858c(c)(4)), increased taxpayer unless— for purposes of determining the amount of by 50 percent of such rate if such services are ‘‘(i) enrollment in the facility is open to any credit under subpart A, B, or D of this provided by an accredited child care center employees of the taxpayer during the taxable part. or a credentialed child care professional. year, ‘‘(C) NO RECAPTURE BY REASON OF CASUALTY ‘‘(B) DEFINITIONS.—In this paragraph, the ‘‘(ii) the facility is not the principal trade LOSS.—The increase in tax under this sub- terms ‘accredited child care center’ and or business of the taxpayer unless at least 30 section shall not apply to a cessation of op- ‘credentialed child care professional’ have percent of the enrollees of such facility are eration of the facility as a qualified child the meaning given those terms in section 2 dependents of employees of the taxpayer, and care facility by reason of a casualty loss to of the CIDCARE Act.’’. ‘‘(iii) the use of such facility (or the eligi- the extent such loss is restored by recon- (b) EFFECTIVE DATE.—The amendment bility to use such facility) does not discrimi- struction or replacement within a reasonable made by subsection (a) applies to child sup- nate in favor of employees of the taxpayer period established by the Secretary. port orders enforced or otherwise modified who are highly compensated employees ‘‘(e) SPECIAL RULES.—For purposes of this by a court on and after the date of enact- (within the meaning of section 414(q)). section— ment of this Act. ‘‘(d) RECAPTURE OF ACQUISITION AND CON- ‘‘(1) AGGREGATION RULES.—All persons TITLE II—SUPPLY OF QUALITY CHILD STRUCTION CREDIT.— which are treated as a single employer under CARE ‘‘(1) IN GENERAL.—If, as of the close of any subsections (a) and (b) of section 52 shall be Subtitle A—Tax Benefits for Quality Child taxable year, there is a recapture event with treated as a single taxpayer. Care respect to any qualified child care facility of ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND SEC. 201. ALLOWANCE OF CREDIT FOR EM- the taxpayer, then the tax of the taxpayer TRUSTS.—Under regulations prescribed by PLOYER EXPENSES FOR CHILD CARE under this chapter for such taxable year the Secretary, rules similar to the rules of ASSISTANCE. shall be increased by an amount equal to the subsection (d) of section 52 shall apply. (a) IN GENERAL.—Subpart D of part IV of product of— ‘‘(3) ALLOCATION IN THE CASE OF PARTNER- subchapter A of chapter 1 of the Internal ‘‘(A) the applicable recapture percentage, SHIPS.—In the case of partnerships, the cred- Revenue Code of 1986 (relating to business re- and it shall be allocated among partners under lated credits) is amended by adding at the ‘‘(B) the aggregate decrease in the credits regulations prescribed by the Secretary. end the following new section: allowed under section 38 for all prior taxable ‘‘(f) NO DOUBLE BENEFIT.— ‘‘SEC. 45D. EMPLOYER-PROVIDED CHILD CARE years which would have resulted if the quali- ‘‘(1) REDUCTION IN BASIS.—For purposes of CREDIT. fied child care expenditures of the taxpayer this subtitle— ‘‘(a) ALLOWANCE OF CREDIT.—For purposes described in subsection (c)(1)(A) with respect ‘‘(A) IN GENERAL.—If a credit is determined of section 38, the employer-provided child to such facility had been zero. under this section with respect to any prop- care credit determined under this section for ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.— erty by reason of expenditures described in the taxable year is an amount equal to 50 ‘‘(A) IN GENERAL.—For purposes of this sub- subsection (c)(1)(A), the basis of such prop- percent of the qualified child care expendi- section, the applicable recapture percentage erty shall be reduced by the amount of the tures of the taxpayer for such taxable year. shall be determined from the following table: credit so determined. S7726 CONGRESSIONAL RECORD — SENATE July 17, 1997

‘‘(B) CERTAIN DISPOSITIONS.—If during any ‘‘(iii) the property is scientific equipment ‘‘(1) IN GENERAL.—The term ‘accreditation taxable year there is a recapture amount de- or apparatus substantially all of the use of and credentialing expenses of child care pro- termined with respect to any property the which by the donee is for— viders’ means direct professional costs and basis of which was reduced under subpara- ‘‘(I) research or experimentation (within educational and training expenses paid or in- graph (A), the basis of such property (imme- the meaning of section 174), or for research curred by an eligible individual in order to diately before the event resulting in such re- training, in the United States in physical or achieve and remain qualified for service as capture) shall be increased by an amount biological sciences, or an employee of an accredited child care cen- equal to such recapture amount. For pur- ‘‘(II) in the case of an organization de- ter or as a credentialed child care profes- poses of the preceding sentence, the term ‘re- scribed in subclause (I), (II), (III), or (IV) of sional (as defined in subparagraphs (E) and capture amount’ means any increase in tax clause (i), use within the United States for (G) of section 21(c)(2), respectively). (or adjustment in carrybacks or carryovers) educational purposes or support activities ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- determined under subsection (d). related to the purpose or function of the or- ble individual’ means an individual 60 per- ‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No ganization, cent of the taxable income of whom for any deduction or credit shall be allowed under ‘‘(iv) the original use of the property began taxable year is derived from service de- any other provision of this chapter with re- with the taxpayer (or in the case of property scribed in paragraph (1).’’. spect to the amount of the credit determined constructed by the taxpayer, with the (c) EFFECTIVE DATE.—The amendment under this section. donee), made by this section shall apply to taxable ‘‘(g) TERMINATION.—This section shall not ‘‘(v) the property is not transferred by the years beginning after December 31, 1997. apply to taxable years beginning after De- donee in exchange for money, other prop- SEC. 204. EXPANSION OF HOME OFFICE DEDUC- cember 31, 1999.’’ erty, or services, and TION TO INCLUDE USE OF OFFICE (b) CONFORMING AMENDMENTS.— ‘‘(vi) the taxpayer receives from the donee FOR DEPENDENT CARE. (1) Section 38(b) of the Internal Revenue a written statement representing that its (a) IN GENERAL.—Section 280A(c)(1) of the Code of 1986 is amended— use and disposition of the property will be in Internal Revenue Code of 1986 (relating to (A) by striking out ‘‘plus’’ at the end of accordance with the provisions of clauses certain business use) is amended by adding paragraph (11), (iv) and (v).’’. at the end the following: ‘‘A portion of a (B) by striking out the period at the end of (b) DONATIONS TO CHARITY FOR REFURBISH- dwelling unit and the exclusive use of such paragraph (12), and inserting a comma and ING.—Section 170(e)(4) of the Internal Reve- portion otherwise described in this para- ‘‘plus’’, and nue Code of 1986 is amended by adding at the graph shall not fail to be so described if such (C) by adding at the end the following new end the following: portion is also used by the taxpayer during paragraph: ‘‘(D) DONATIONS TO CHARITY FOR REFURBISH- such exclusive use to care for a dependent of ‘‘(13) the employer-provided child care ING.—For purposes of this paragraph, a chari- the taxpayer.’’. credit determined under section 45D.’’ table contribution by a corporation shall be (b) EFFECTIVE DATE.—The amendment (2) The table of sections for subpart D of treated as a qualified research, child care, or made by this section shall apply to taxable part IV of subchapter A of chapter 1 of such education contribution if— years beginning after December 31, 1997. Code is amended by adding at the end the ‘‘(i) such contribution is a contribution of Subtitle B—Child Care Quality Improvement following new item: property described in subparagraph (B)(iii) Incentive Program ‘‘Sec. 45D. Employer-provided child care to an organization described in section SEC. 211. DEFINITIONS. credit.’’ 501(c)(3) and exempt from taxation under sec- In this subtitle: tion 501(a), (1) CHILD CARE PROVIDER.—The term ‘‘child (c) EFFECTIVE DATE.—The amendments ‘‘(ii) such organization repairs and refur- care provider’’ means— made by this section shall apply to taxable bishes the property and donates the property (A) a center-based child care provider, a years beginning after December 31, 1997. to an organization described in subparagraph group home child care provider, a family SEC. 202. CHARITABLE CONTRIBUTIONS OF SCI- (B)(i), and child care provider, or other provider of non- ENTIFIC EQUIPMENT TO ACCRED- ‘‘(iii) the taxpayer receives from the orga- residential child care services for compensa- ITED AND CREDENTIALED CHILD nization to whom the taxpayer contributed CARE PROVIDERS AND TO ELEMEN- tion that— TARY AND SECONDARY SCHOOLS. the property a written statement represent- (i) is licensed, regulated, registered, or oth- (a) IN GENERAL.—Subparagraph (B) of sec- ing that its use of the property (and any use erwise legally operating under State law; tion 170(e)(4) of the Internal Revenue Code of by the organization to which it donates the and 1986 (relating to special rule for contribu- property) meets the requirements of this (ii) satisfies the State and local require- tions of scientific property used for research) paragraph.’’. ments; is amended to read as follows: (c) CONFORMING AMENDMENTS.— applicable to the child care services it pro- (1) Paragraph (4)(A) of section 170(e) of the ‘‘(B) QUALIFIED RESEARCH, CHILD CARE, OR vides; or Internal Revenue Code of 1986 is amended by EDUCATION CONTRIBUTION.—For purposes of (B) a child care provider that is 18 years of this paragraph, the term ‘qualified research, striking ‘‘qualified research contribution’’ age or older who provides child care services child care, or education contribution’ means each place it appears and inserting ‘‘quali- only to eligible children who are, by affinity a charitable contribution by a corporation of fied research, child care, or education con- or consanguinity, or by court decree, the tangible personal property (including com- tribution’’. grandchild, great grandchild, sibling (if such puter software), but only if— (2) The heading for section 170(e)(4) of such provider lives in a separate residence), niece, ‘‘(i) the contribution is to— Code is amended by inserting ‘‘, CHILD CARE, or nephew of such provider, if such provider ‘‘(I) an organization described in section OR EDUCATION’’ after ‘‘RESEARCH’’. does not reside with the child for whom they (d) EFFECTIVE DATE.—The amendments 501(c)(3) and exempt from taxation under sec- are providing care and if the provider com- made by this section shall apply to taxable tion 501(a) which is an accredited child care plies with any applicable requirements that years beginning after December 31, 1997. center (as defined in section 21(c)(2)(E)) or a govern child care provided by the relative in- child care center actively seeking accredita- SEC. 203. 2-PERCENT FLOOR ON MISCELLANEOUS volved. ITEMIZED DEDUCTIONS NOT APPLI- tion or certification of its employees by a CABLE TO ACCREDITATION AND (2) SECRETARY.—The term ‘‘Secretary’’ child care credentialing or accreditation en- CREDENTIALING EXPENSES OF means the Secretary of Health and Human tity (as defined in section 21(c)(2)(F)) on the CHILD CARE PROVIDERS. Services. date of such contribution, (a) IN GENERAL.—Section 67(b) of the Inter- SEC. 212. ESTABLISHMENT OF STATE PROGRAM. ‘‘(II) an organization described in section nal Revenue Code of 1986 (relating to mis- (a) IN GENERAL.—The Secretary shall es- 501(c)(3) and exempt from taxation under sec- cellaneous itemized deductions) is amended tablish a program to award competitive tion 501(a) which is a professional or edu- by striking ‘‘and’’ at the end of paragraph grants to eligible States to enable such cational support entity for accredited child (11), by striking the period at the end of States to carry out activities to improve the care centers or credentialed child care pro- paragraph (12) and inserting ‘‘, and’’, and by quality of child care for children in the fessionals (as defined in subparagraphs (E) adding at the end the following: States (except children who a tribal organi- and (G) of section 21(c)(2), respectively), ‘‘(13) the deduction allowable for accredita- zation elects to serve under section 215(b)). ‘‘(III) an educational organization de- tion and credentialing expenses of child care (b) AWARDING OF GRANTS.— scribed in subsection (b)(1)(A)(ii), providers.’’. (1) DISTRIBUTION.—Amounts appropriated ‘‘(IV) a governmental unit described in (b) DEFINITION.—Section 67 of the Internal for a fiscal year under section 215(a) shall be subsection (c)(1), or Revenue Code of 1986 (relating to 2-percent distributed through competitive grants ‘‘(V) an organization described in section floor on miscellaneous itemized deductions) awarded to eligible States that apply for 41(e)(6)(B), is amended by redesignating subsections (e) funds and that propose activities that meet ‘‘(ii) the contribution is made not later and (f) as subsections (f) and (g), respec- the requirements of this subtitle. than 3 years after the date the taxpayer ac- tively, and by inserting after subsection (d) (2) AMOUNT.—The amount of a grant award- quired the property (or in the case of prop- the following: ed to a State under this section shall be de- erty constructed by the taxpayer, the date ‘‘(e) ACCREDITATION AND CREDENTIALING EX- termined by the Secretary on a competitive the construction of the property is substan- PENSES OF CHILD CARE PROVIDERS.—For pur- basis, except that the amount of any such tially completed), poses of this section— grant for a fiscal year shall not be less than July 17, 1997 CONGRESSIONAL RECORD — SENATE S7727 an amount equal to .75 percent of the total (D) scholarships for low-income wage earn- tities) non-Federal contributions to such amount appropriated for the fiscal year ers; costs in an amount equal to— under section 215(a). (E) the provision of services to care for (A) for the first fiscal year in which the en- (c) LIMITATION ON ADMINISTRATIVE COSTS.— sick children or to provide care to school tity receives such assistance, not less than 25 The Secretary shall not use in excess of 10 aged children; percent of such costs ($1 for each $3 of assist- percent of the amount appropriated under (F) the entering into of contracts with ance provided to the entity under the grant); section 215(a) for a fiscal year for the admin- local resource and referral or local health de- (B) for the second fiscal year in which an istrative costs associated with the adminis- partments; entity receives such assistance, not less than tration of the program under this section. (G) assistance for any other activity deter- 331⁄3 percent of such costs ($1 for each $2 of SEC. 213. STATE ELIGIBILITY AND APPLICATION mined appropriate by the State; or assistance provided to the entity under the REQUIREMENTS. (H) care for children with disabilities; and grant); and (a) ELIGIBILITY.—To be eligible to receive a (3) use amounts remaining after the State (C) for the third fiscal year in which an en- grant under this subtitle, a State shall cer- reserves funds for activities under para- tity receives such assistance, not less than 50 tify to the Secretary that the State— graphs (1) and (2) to carry out one or more of percent of such costs ($1 for each $1 of assist- (1) has not reduced the scope of any State the activities described in subsection (b). ance provided to the entity under the grant). child care standards or requirements that (b) PERMISSIBLE ACTIVITIES.—A State may (5) REQUIREMENTS OF PROVIDERS.—To be el- were in effect in calendar year 1995; use amounts provided under a grant awarded igible to receive assistance under a grant (2) has not limited the State licensing re- under this subtitle to the State to— awarded under this subsection a child care quirements with respect to the types of pro- (1) improve parental choice through provider shall comply with all applicable viders that must obtain licenses in order to consumer education efforts in the State con- State and local licensing and regulatory re- provide child care in the State as compared cerning child care, including the expansion quirements and all applicable health and to the types of providers that were required of resource and referral services and improv- safety standards in effect in the State. ing State child care complaint systems; to obtain licenses in calendar year 1995; (6) ADMINISTRATION.— (2) establish a scholarship program for (3) has not otherwise restricted the appli- (A) STATE RESPONSIBILITY.—A State shall child care providers to assist in meeting the cation of State child care licensing require- have responsibility for administering the educational or training costs associated with ments that were in effect in calendar year grants awarded under this subsection and for the accreditation or credentialing; 1995; monitoring entities that receive assistance (3) expand State-based child care training (4) is in compliance with the requirements under such grants. and technical assistance activities; applicable to the State under the Child Care (B) AUDITS.—A State shall require that (4) develop criteria for State recognition of and Development Block Grant Act of 1990 (42 each entity receiving assistance under a entities to accredit facilities, and credential U.S.C. 9801 et seq.); and grant awarded under this subsection conduct child care providers, in the State, as de- of an annual audit with respect to the activi- (5) has, with respect to the fiscal year in- scribed in section 2; ties of the entity. Such audits shall be sub- volved, made available sufficient State (5) provide increased rates of reimburse- mitted to the State. matching funds to draw down at least 80 per- ment under Federal or State child care as- (C) MISUSE OF FUNDS.— cent of the amount awarded to the State for sistance programs for child care that is pro- (i) REPAYMENT.—If the State determines, the preceding fiscal year under a grant under vided by credentialed child care profes- section 418(a)(2) of the Social Security Act sionals or at accredited child care centers; through an audit or otherwise, that an en- (42 U.S.C. 618). (6) provide differential rates of reimburse- tity receiving assistance under a grant (b) PRIORITY.—In awarding grants under ment under Federal or State child care as- awarded under this subsection has misused this subtitle, the Secretary shall give prior- sistance programs for children with special such assistance, the State shall notify the ity to States that contribute an amount needs; or Secretary of such misuses. The Secretary, (generated from businesses or other private (7) purchase special equipment or supplies upon such a notification, may seek from sources) equal to not less than 10 percent of or other provide for the payment of other ex- such an entity the repayment of an amount the amount requested under the grant to the traordinary expenses required for the care of equal to the amount of any misused assist- activities to be funded under the grant. special needs (including disabled) children ance plus interest. (c) APPLICATION.—To be eligible to receive and the distribution of such equipment or (ii) APPEALS PROCESS.—The Secretary shall a grant under this subtitle, a State shall pre- supplies to child care providers serving spe- by regulation provide for an appeals process pare and submit to the Secretary an applica- cial needs children. with respect to repayments under this sub- tion at such time, in such manner, and con- (c) SMALL BUSINESS AND CHILD CARE GRANT paragraph. taining such information as the Secretary PROGRAM.— (d) LIMITATION ON ADMINISTRATIVE COSTS.— Not more than 10 percent of the aggregate shall require, including— (1) APPLICATION.—To be eligible to receive (1) an assurance that the State will comply assistance from a State under a grant pro- amount of funds available to a State under with the requirements applicable to States gram established under subsection (a)(2), a this subtitle in each fiscal year may be ex- pended for administrative costs incurred by under this subtitle; small business shall prepare and submit to such State to carry out activities under this (2) an assurance that the State will annu- the State an application at such time, in subtitle. As used in the preceding sentence, ally conduct on-site monitoring of State li- such manner, and containing such informa- the term ‘‘administrative costs’’ shall not in- censed or regulated child care facilities, with tion as the State may require. clude the costs of providing direct services at least 1 unannounced monitoring visit of (2) PREFERENCE.— (as such direct services costs are defined for each such facility every 3 years; and (A) IN GENERAL.—In providing assistance purposes of the Child Care and Development (3) an assurance that the State will not use under a grant program under this subsection, funds received under the grant to supplant or Block Grant Act of 1990 42 U.S.C. 9801 et a State shall give priority to applicants that seq.)). replace funds used by the State to improve desire to form consortium to provide child SEC. 215. AUTHORIZATION OF APPROPRIATIONS. the quality or increase the supply of child care in geographic areas within the State (a) IN GENERAL.—There is authorized to be care as required under section 658G of the where such care is not generally available or appropriated to carry out this subtitle Child Care and Development Block Grants accessible. Act of 1990 (42 U.S.C. 9858e). $260,000,000 for each of the fiscal years 1998 (B) CONSORTIUM.—For purposes of subpara- through 2002. SEC. 214. USE OF FUNDS BY STATES. graph (A), a consortium shall be made up of (b) RESERVATION.—The Secretary shall re- (a) REQUIRED ACTIVITIES.—A State shall— 2 or more entities which may include busi- serve not more than 1.5 percent of the funds (1) use not less than 20 percent of the nesses, nonprofit agencies or organizations, appropriated under this section for a fiscal amounts received under a grant awarded to local governments, or other appropriate enti- year to make grants under this subtitle to the State under this subtitle to establish a ties. tribal organizations submitting applications subsidy program to provide funds to child (3) LIMITATION.—With respect to grant under section 213(b) to be used in accordance care providers who are credentialed in the funds received for purposes of this sub- with section 214. State (as described in section 2(3)); section, a State may not provide in excess of Subtitle C—Distribution of Information (2) use not less than 20 percent of the $50,000 in assistance from such funds to any About Quality Child Care amounts received under a grant awarded to single applicant. A State may not provide as- the State under this subtitle to establish a sistance under a grant to more than 10 enti- SEC. 221. EXPANSION OF ROLE OF THE DEPART- MENT OF HEALTH AND HUMAN grant program to assist small businesses lo- ties. SERVICES IN THE COLLECTION AND cated in the State in establishing and oper- (4) MATCHING REQUIREMENT.—To be eligible DISSEMINATION OF INFORMATION ating child care programs that may in- to receive funds for purposes of establishing AND TECHNOLOGY. clude— a grant program under subsection (a)(2), a (a) PROVISION OF INFORMATION.—The Sec- (A) technical assistance in the establish- State shall provide assurances to the Sec- retary of Health and Human Services, di- ment of a child care program; retary that, with respect to the costs to be rectly or through a contract awarded on a (B) assistance for the start-up costs related incurred by an entity receiving assistance in competitive basis to a qualified entity, shall to a child care program; carrying out activities under such program, provide technical assistance and collect and (C) assistance for the training of child care such entity will make available (directly or disseminate information concerning the im- providers; through donations from public or private en- portance of high quality child care to States, S7728 CONGRESSIONAL RECORD — SENATE July 17, 1997 units of local government, private non-profit (1) develop partnerships, to the maximum itation entities, institutions of higher edu- child care organizations, child care extent possible, with elementary schools, cation, and State and local governments, for credentialing or accreditation entities, child secondary schools, institutions of higher the provision of child care training; care providers, and parents, including, in education, Federal, State, and local govern- (3) has experience in providing and coordi- partnership with the Advertising Council or ment agencies, and private entities, to share nating the provision of child care training to other professional advertising group, a pub- equipment, technical assistance, and other family child care providers and center-based lic awareness campaign promoting quality technological resources, for the development child care providers; child care. of the infrastructure described in subsection (4) is related to child care provider support (b) GRANT PROGRAM.— (b); organizations in 35 or more States, through (1) IN GENERAL.—The Secretary of Health (2) enter into arrangements with entities membership in a common organization, af- and Human Services, acting through the Na- for the provision of sites from which the in- filiation, or another mechanism; tional Child Care Information Center, shall frastructure will disseminate training; (5) has experience in working with rural award competitive grants to child care (3) ensure the establishment of at least 2 of and urban child care provider support orga- credentialing or accreditation entities (as the training sites in each State, and addi- nizations and child care providers; and defined in section 2(2)) that have been pro- tional training sites based on the popu- (6) has experience in working with national viding credentialing or accreditation serv- lations and geographic considerations of child care groups and organizations, includ- ices for child care providers for not more States; ing Federal government agencies, providers than 10 years. (4) enter into arrangements with child care of child care training, child care (2) APPLICATION.—To be eligible to receive credentialing or accreditation entities that credentialing or accreditation entities, and a grant under this subsection, a child care are recognized (as described in section 2(2)) educational groups. credentialing or accreditation entity shall by more than 1 State agency or tribal orga- (e) APPLICATION.—To be eligible to receive prepare and submit to the Secretary an ap- nization, for the development of child care a grant under subsection (b), an organization plication at such time, in such manner, and training to be disseminated through the in- shall submit an application to the Secretary at such time, in such manner, and contain- containing such information as the Sec- frastructure; ing such information as the Secretary may retary shall require. (5) provide, directly or through a contract require, including— (3) USE OF FUNDS.—Amounts provided (which may for good cause be a sole source (1) information describing, and indicating under a grant awarded under paragraph (1) contract), expertise to convert training a preliminary count of the number of, the shall be used by grantees to refine and evalu- courses for distance transmission, provide sites from which the infrastructure will dis- ate the procedures and methods used by such interactive environments, and conduct reg- seminate training; grantees in accrediting facilities as accred- istration, testing, electronic storage of infor- mation, and such other technology-based ac- (2) an assurance that the organization will ited child care centers or providing child require that— care credentials to individual child care pro- tivities to adapt and enhance training course content consistent with the medium of (A) each child care credentialing or accred- viders. Such procedures and methods shall be itation entity that disseminates training designed to ensure that the highest quality transmission involved through the infra- structure; through the infrastructure will provide, dur- child care is provided by accredited child (6) provide, through a logistical scheduling ing at least 60 percent of the dissemination care centers and credentialed individuals, to mechanism, equitable access to the infra- period, an opportunity for participants in provide information about the accreditation structure for all child care credentialing or the training— or credentialing process to providers, and to accreditation entities described in paragraph (i) to interact with an identified trainer or provide subsidies to needy individuals and (4) that request an opportunity to dissemi- training leader at the training site; or organizations to enable such individuals and nate child care training through the infra- (ii) to elect to engage in other interactive organization to participate in the accredita- structure and meet the requirements of this training; and tion or credentialing process. section; (B) no child care credentialing or accredi- (c) AUTHORIZATION OF APPROPRIATIONS.— (7) develop and implement a mechanism for tation entity may collect fees for participa- There is authorized to be appropriated to participants in the training to evaluate the tion in the training that total more than— carry out this section $10,000,000 for each of infrastructure, including providing com- (i) the cost to the entity for developing, the fiscal years 1998 through 2002. ments on the accessibility and affordability conducting, and providing materials for, the SEC. 222. CHILD CARE TRAINING INFRASTRUC- of the training, and recommendations for im- training; minus TURE. provements in the training; (ii) the amount that the entity receives (a) DEFINITIONS.—In this section: (8) develop and implement a monitoring under this section or from any other source (1) CHILD CARE PROVIDER.—The term ‘‘child system to provide data on the training pro- to develop, conduct, and provide materials care provider’’ has the meaning given the vided through the infrastructure, including for, the training; and term in section 211. data on— (3) information demonstrating that the or- (2) ELEMENTARY SCHOOL; SECONDARY (A) the number of facilities and individuals ganization will comply with the organiza- SCHOOL.—The terms ‘‘elementary school’’ participating in the training; tional structure requirements of subsections and ‘‘secondary school’’ have the meanings (B) the number of facilities receiving ac- (g) and (h), including a copy of the bylaws given the terms in section 14101 of the Ele- creditation (including a repeat accredita- described in subsection (g)(2)(B). mentary and Secondary Education Act of tion) as accredited child care centers, and in- (f) DEVELOPMENT AND OPERATION OF INFRA- 1965 (20 U.S.C. 8001). dividuals receiving credentialing (including STRUCTURE.— (3) INSTITUTION OF HIGHER EDUCATION.—The a repeat credentialing) as credentialed child (1) CONTRACTS.—An organization that re- term ‘‘institution of higher education’’ has care professionals, after fulfilling require- ceives a grant under subsection (b) may use the meaning given the term in section 1201(a) ments that include participation in the funds made available through the grant to of the Higher Education Act of 1965 (20 U.S.C. training; enter into contracts, which may for good 1141(a)). (C) the number of accredited child care cause be sole source contracts, for the devel- (4) SECRETARY.—The term ‘‘Secretary’’ centers, and credentialed child care profes- opment of the technological and logistical means the Secretary of Health and Human sionals, participating in the training; and aspects of the infrastructure. The organiza- Services. (D) the number of sites in which the train- tion shall enter into such a contract with an (5) TRAINING SITE.—The term ‘‘training ing is received, analyzed— entity with experience in establishing tech- site’’ means a training site described in sub- (i) by State; and nology-based interactive educational or section (e)(1). (ii) by location in an urban, suburban, or training programs. (b) GRANT.—The Secretary shall make a rural area; and (2) TIME LINES.— grant to an eligible organization to develop (9) establish and operate the child care (A) BOARD, PERSONNEL, AND REVOLVING and operate a technology-based child care training revolving fund described in section FUND.—Not later than 6 months after the training infrastructure, in order to facili- 223. date of receipt of the grant, the organization tate— (d) ELIGIBILITY.—To be eligible to receive shall establish the governing board described (1) the accreditation of facilities as accred- the grant, an organization shall be an orga- in subsection (g), appoint a Chief Executive ited child care centers and accredited family nization that— Project Officer described in subsection (h), child care homes; (1) is a private, nonprofit entity that is and establish and operate the child care (2) the credentialing of individuals as not— training revolving fund described in section credentialed child care professionals; and (A) a child care credentialing or accredita- 223. Not later than 1 year after the date of re- (3) the dissemination of child care, child tion entity; ceipt of the grant, the Chief Executive development, and early childhood education (B) a subsidiary or affiliate of a child care Project Officer shall appoint the personnel information and research to child care pro- credentialing or accreditation entity; or described in subsection (h). viders. (C) an entity that has a subsidiary or affili- (B) TRAINING SITES.— (c) USE OF FUNDS.—An organization that ate that is a child care credentialing or ac- (i) 50 PERCENT OPERATIONAL.—Not later receives a grant under subsection (b) shall creditation entity; than 3 years after the date of receipt of the use the funds made available through the (2) has experience in developing partner- grant, the organization shall disseminate grant to— ships with child care credentialing or accred- training at 50 percent of the sites described July 17, 1997 CONGRESSIONAL RECORD — SENATE S7729 in the information submitted under sub- not consistent with the objectives of this carry out this section $50,000,000 for each of section (e)(1). section. fiscal years 1998 through 2003. (ii) 75 PERCENT OPERATIONAL.—Not later (h) CHIEF EXECUTIVE PROJECT DIRECTOR SEC. 223. CHILD CARE TRAINING REVOLVING than 4 years after the date of receipt of the AND PERSONNEL.— FUND. grant, the organization shall disseminate (1) IN GENERAL.— (a) ESTABLISHMENT.— training at 75 percent of the sites. (A) CHIEF EXECUTIVE PROJECT DIRECTOR.— (1) IN GENERAL.—The Chief Executive (iii) 90 PERCENT OPERATIONAL.—Not later The chief executive officer of an organiza- Project Officer described in section 222(h) than 5 years after the date of receipt of the tion that receives a grant under subsection shall use not less than 10 percent of the funds grant, the organization shall disseminate (b) shall appoint, compensate, and terminate made available through the grant made training at 90 percent of the sites. the employment of a Chief Executive Project under section 222 during the 5 years after the (C) EVALUATION.—The organization shall Officer to enable the governing board to per- date of receipt of the grant to establish and develop and implement the mechanism for form its duties. The chief executive officer of operate a child care training revolving fund conducting evaluations of the infrastructure the organization shall consult with the gov- (referred to in this section as the ‘‘Fund’’)— described in subsection (c)(6) not later than 3 erning board before appointing, changing the (A) from which the Chief Executive Project years after the date of receipt of the grant. compensation of, or terminating the employ- Officer shall make loans to eligible borrow- (g) GOVERNING BOARD.— ment of, the Chief Executive Project Officer. ers for the purpose of enabling the persons to (1) IN GENERAL.—An organization that re- (B) PERSONNEL.—The Chief Executive purchase computers, satellite dishes, and ceives a grant under subsection (b) shall es- Project Officer shall appoint, compensate, other equipment that will be used to dis- tablish a governing board. and terminate the employment of such addi- seminate training through the infrastructure (2) COMPOSITION.— tional personnel as may be necessary to en- described in section 222; and (A) IN GENERAL.—The governing board able the governing board to perform its du- (B) into which all payments, charges, and shall be composed of representatives of child ties. other amounts collected from loans made care credentialing or accreditation entities (2) DUTIES OF CHIEF EXECUTIVE PROJECT OF- under subparagraph (A) shall be deposited that are recognized (as described in section FICER.—The Chief Executive Project Officer notwithstanding any other provision of law. 2(2)) by more than 1 State agency or tribal shall— (2) SEPARATE ACCOUNT.—The Fund shall be organization. The representatives shall be (A) prepare and submit to the governing maintained as a separate account. Any por- appointed by the entities. The composition board and the chief executive officer of the tion of the Fund that is not required for ex- of the governing board shall be specified in organization a strategic plan every 3 years, penditure shall be invested in obligations of the bylaws of the board. and annual updates of the plan, with respect the United States or in obligations guaran- (B) INITIAL BYLAWS.—The organization to the development and major operations of teed or insured by the United States. shall develop the initial bylaws of the board. the infrastructure; (3) INTEREST EARNED.—The interest earned The bylaws shall include provisions specify- (B)(i) prepare and submit to the governing on the investments shall be credited to and ing the manner in which representatives of board and the chief executive officer of the form a part of the Fund. (b) ELIGIBLE BORROWERS.—To be eligible to all child care credentialing or accreditation organization a proposal with respect to such receive a loan under subsection (a), a bor- entities described in subparagraph (A) that contracts and other financial assistance, and rower shall be a child care provider who are disseminating training through the in- such standards, policies, procedures, and ac- seeks to receive training through the infra- frastructure shall participate in the activi- tivities, as are necessary or appropriate to structure or an entity that has entered into ties of the governing board. The provisions carry out this section; and an arrangement with the Chief Executive shall provide for the participation through (ii) after receiving and reviewing an ap- Project Officer to provide a training site (as rotation of the representatives in the mem- proved proposal under subsection (g)(3)(C), enter into such contracts and award such defined in section 222) for the infrastructure. bership of the board, involvement of the rep- (c) APPLICATION.—To be eligible to receive other financial assistance, and establish and resentatives in committees of the board, or a loan under subsection (a), a borrower shall administer such standards, policies, proce- through other mechanisms that ensure, to submit an application to the Chief Executive dures and activities, as are necessary or ap- the maximum extent possible, fair and equal Project Officer at such time, in such manner, propriate to carry out this section; participation of the representatives. and containing such information as the Chief (C) prepare and submit to the governing (C) AMENDED BYLAWS.—The governing Executive Project Officer, in consultation board and the chief executive officer of the board may amend the bylaws with the con- with the governing board and the chief exec- sent of the chief executive officer of the or- organization an annual report, and such in- utive officer of an organization receiving a ganization receiving a grant under sub- terim reports as may be necessary, describ- grant under section 222(b) may require. At a section (b). The chief executive officer shall ing the major actions of the Chief Executive minimum, the application shall include— give the consent unless the chief executive Project Officer with respect to the personnel (1) an assurance that the person shall use officer demonstrates good cause for refusal of the governing board, and with respect to the equipment funded through the loan to re- of the consent. Any amended bylaws shall the standards, policies, procedures, and ac- ceive or disseminate training through the in- provide for the participation of representa- tivities; and frastructure, for such period as the Sec- tives of all child care credentialing or ac- (D) inform the governing board and the retary may by regulation prescribe; and creditation entities described in subpara- chief executive officer of the organization of, (2) an assurance that the person shall per- graph (A) that are disseminating training and provide an explanation to the governing mit other persons to use the equipment to through the infrastructure, as described in board regarding, any substantial differences receive or disseminate training through the subparagraph (B). regarding the implementation of this section infrastructure, for such period as the Sec- (3) DUTIES.—The governing board, with between— retary may by regulation prescribe. oversight by the chief executive officer of (i) the actions of the Chief Executive (d) LOANS.—In making loans under sub- the organization, shall— Project Officer; and section (a), the Chief Executive Project Offi- (A) advise the organization on the develop- (ii)(I) the strategic plan approved by the cer shall— ment and operation of the child care training governing board and the chief executive offi- (1) to the maximum extent practicable, eq- infrastructure; cer of the organization under subsection uitably distribute the loans among borrow- (B) review and approve the strategic plan (g)(3)(B); or ers in the various States, and among borrow- described in subsection (h)(2)(A) and annual (II) the proposal approved by the governing ers in urban, suburban, and rural areas; and updates of the plan; board and the chief executive officer of the (2) take into consideration the availability (C) review and approve the proposal de- organization under subsection (g)(3)(C). to the borrowers of resources from sources scribed in subsection (h)(2)(B), with respect (i) CORPORATION.—The organization may other than the Fund, including the availabil- to the contracts, financial assistance, stand- establish a nonprofit corporation containing ity of resources through the partnerships de- ards, policies, procedures, and activities re- the governing board, Chief Executive Project scribed in section 222(c)(1). ferred to in such subsection; and Officer, and personnel, to carry out this sec- (e) TERMS AND CONDITIONS.— (D)(i) review, and advise the Chief Execu- tion. (1) CONDITIONS.—The Chief Executive tive Project Officer regarding, the actions of (j) ADMINISTRATIVE COSTS.—Prior to the Project Officer may make a loan to a bor- the Chief Executive Project Officer with re- date on which the organization disseminates rower under subsection (a) only if the Chief spect to the personnel of the governing training at 75 percent of the sites described Executive Project Officer determines that— board, and with respect to such standards, in the information submitted under sub- (A) the borrower is unable to obtain re- policies, procedures, and activities as are section (e)(1), the organization may use not sources from other sources on reasonable necessary or appropriate to carry out this more than 25 percent of the funds made terms and conditions; and section; and available through the grant to pay for the (B) there is a reasonable prospect that the (ii) inform the Chief Executive Project Of- administrative costs of carrying out this sec- borrower will repay the loan. ficer of any aspects of the actions of the tion. Effective on that date, the organization (2) TERMS.—A loan made under subsection Chief Executive Project Officer that are not may use not more than 15 percent of the (a) shall be— in compliance with the annual strategic plan funds to pay for the administrative costs. (A) for a term that does not exceed 4 years; referred to in subparagraph (B) or the pro- (k) AUTHORIZATION OF APPROPRIATIONS.— and posal referred to in subparagraph (C), or are There is authorized to be appropriated to (B) at no interest. S7730 CONGRESSIONAL RECORD — SENATE July 17, 1997

(3) COLLATERAL.—The Chief Executive but does not include the Department of De- (B) TERMINATION OF AGENCY PROVISION OF Project Officer may require any borrower of fense. CHILD CARE OR CONTRACT.—On receipt of the a loan made under subsection (a) to provide (3) EXECUTIVE FACILITY.—The term ‘‘execu- notification— such collateral as the Chief Executive tive facility’’ means a facility that is owned (i) if the entity operating the child care Project Officer determines to be necessary to or leased by an Executive agency. center involved is the agency, the agency secure the loan. (4) FEDERAL AGENCY.—The term ‘‘Federal shall terminate the direct provision of child (4) PROCEDURES AND DEFINITIONS.—Prior to agency’’ means an Executive agency, a judi- care by the agency; and making loans under subsection (a), the Chief cial office, or a legislative office. (ii) if the entity operating the child care Executive Project Officer shall establish (5) JUDICIAL FACILITY.—The term ‘‘judicial center is a contractor, the agency shall ter- written procedures and definitions pertain- facility’’ means a facility that is owned or minate the contract of the entity to operate ing to defaults and collections of payments leased by a judicial office. the center. under the loans which shall be subject to the (6) JUDICIAL OFFICE.—The term ‘‘judicial of- (C) COST REIMBURSEMENT.—The Adminis- review and approval of the Secretary. The fice’’ means an entity of the judicial branch trator may require Executive agencies to re- governing board and chief executive officer of the Federal Government. imburse the Administrator for the costs of of the organization involved shall provide to (7) LEGISLATIVE FACILITY.—The term ‘‘leg- carrying out subparagraph (A) with respect each applicant for a loan under subsection islative facility’’ means a facility that is to entities operating child care centers for (a), at the time application for the loan is owned or leased by a legislative office. the agencies. If an entity described in para- made, a written copy of the procedures and (8) LEGISLATIVE OFFICE.—The term ‘‘legis- graph (1) operates a child care center for 2 or definitions. lative office’’ means an entity of the legisla- more Executive agencies, the Administrator (f) DEFAULTS.— tive branch of the Federal Government. shall allocate the costs of providing such re- (1) NOTICE.—The Chief Executive Project imbursement among the agencies in a fair Officer shall provide the governing board and (b) EXECUTIVE BRANCH STANDARDS AND EN- and equitable manner, based on the extent to the chief executive officer of the organiza- FORCEMENT.— which each agency is eligible to place chil- tion at regular intervals written notice of (1) STATE AND LOCAL LICENSING REQUIRE- dren in the center. each loan made under subsection (a) that is MENTS.— (c) LEGISLATIVE BRANCH STANDARDS AND in default and the status of the loan. (A) IN GENERAL.—The Administrator shall ENFORCEMENT.— (2) ACTION.— issue regulations requiring any entity oper- (1) STATE AND LOCAL LICENSING REQUIRE- (A) NOTIFICATION.—After making reason- ating a child care center in an executive fa- MENTS AND ACCREDITATION STANDARDS.—The able efforts to collect all amounts payable cility to comply with applicable State and Architect of the Capitol shall issue regula- under a loan made under subsection (a) that local licensing requirements related to the tions for entities operating child care cen- is in default, the Chief Executive Project Of- provision of child care. ters in legislative facilities, which shall be ficer shall notify the governing board and (B) COMPLIANCE.—The regulations shall re- the same as the regulations issued by the the chief executive officer of the organiza- quire that, not later than 6 months after the Administrator under paragraphs (1) and (2) of tion that the loan is uncollectable or collect- date of enactment of this Act— subsection (b), except to the extent that the ible only at an unreasonable cost. The notifi- (i) the entity shall comply, or make sub- Architect may determine, for good cause cation shall include recommendations for fu- stantial progress (as determined by the Ad- shown and stated together with the regula- ture action to be taken by the Chief Execu- ministrator) toward complying, with the re- tions, that a modification of such regula- tive Project Director. quirements; and tions would be more effective for the imple- (B) INSTRUCTIONS.—On receiving the notifi- (ii) any contract for the operation of such mentation of the requirements and standards cation, the governing board and the chief ex- a child care center shall include a condition described in such paragraphs. ecutive officer of the organization shall ad- that the child care be provided in accordance (2) EVALUATION AND ENFORCEMENT.—Sub- vise the Chief Executive Project Officer— with the requirements. section (b)(3) shall apply to the Architect of (i) to continue with its collection activi- (2) ACCREDITATION STANDARDS.— the Capitol, entities operating child care ties; (A) IN GENERAL.—The Administrator shall centers in legislative facilities, and legisla- (ii) to cancel, adjust, compromise, or re- issue regulations specifying child care center tive offices. For purposes of that application, duce the amount of the loan; or accreditation standards and requiring any references in subsection (b)(3) to regulations (iii) to modify any term or condition of the entity operating a child care center in an ex- shall be considered to be references to regu- loan, including any term or condition relat- ecutive facility to comply with the stand- lations issued under this subsection. ing to the time of payment of any install- ards. (d) JUDICIAL BRANCH STANDARDS AND EN- ment of principal, or portion of principal, (B) COMPLIANCE.—The regulations shall re- FORCEMENT.— that is payable under the loan. quire that, not later than 3 years after the (1) STATE AND LOCAL LICENSING REQUIRE- (g) ADMINISTRATION AND ASSISTANCE.— date of enactment of this Act— MENTS AND ACCREDITATION STANDARDS.—The (1) IN GENERAL.—Consistent with section (i) the entity shall comply, or make sub- Director of the Administrative Office of the 222(j), the Chief Executive Project Officer stantial progress (as determined by the Ad- United States Courts shall issue regulations shall, out of funds available in the Fund— ministrator) toward complying, with the for entities operating child care centers in (A) pay expenses incurred by the Chief Ex- standards; and judicial facilities, which shall be the same as ecutive Project Officer in administering the (ii) any contract for the operation of such the regulations issued by the Administrator Fund; and a child care center shall include a condition under paragraphs (1) and (2) of subsection (b), (B) provide competent management and that the child care be provided by an entity except to the extent that the Director may determine, for good cause shown and stated technical assistance to borrowers of loans that complies with the standards. together with the regulations, that a modi- made under subsection (a) to assist the bor- (C) CONTENTS.—The standards shall base fication of such regulations would be more rowers to achieve the purposes of the loans. accreditation on— effective for the implementation of the re- (2) ASSISTANCE BY THE SECRETARY.—The (i) an accreditation instrument described quirements and standards described in such Secretary shall provide to the chief execu- in section 2(2)(B); paragraphs. tive officer of the organization and the Chief (ii) outside monitoring described in section (2) EVALUATION AND ENFORCEMENT.—Sub- Executive Project Officer such management 2(2)(B), by— section (b)(3) shall apply to the Director de- and technical assistance as the chief execu- (I) the Administrator; or scribed in paragraph (1), entities operating tive officer of the organization and the Chief (II) a child care credentialing or accredita- child care centers in judicial facilities, and Executive Project Officer may request in tion entity, or other entity, with which the judicial offices. For purposes of that applica- order to carry out the provisions of this sec- Administrator enters into a contract to pro- tion, references in subsection (b)(3) to regu- tion. vide such monitoring; and lations shall be considered to be references (h) REGULATIONS.—The Secretary may pre- (iii) the criteria described in section to regulations issued under this subsection. scribe such regulations as may be necessary 2(2)(B). to carry out the objectives of this section, (e) APPLICATION.—Notwithstanding any (3) EVALUATION AND ENFORCEMENT.— including regulations involving reporting other provision of this section, if 3 or more (A) IN GENERAL.—The Administrator shall and auditing. child care centers are operated in facilities evaluate the compliance of entities described owned or leased by a Federal agency, the Subtitle D—Quality Child Care Through in paragraph (1) with the regulations issued head of the Federal agency may carry out Federal Facilities and Programs under paragraphs (1) and (2). The Adminis- the responsibilities assigned to the Adminis- SEC. 231. PROVIDING QUALITY CHILD CARE IN trator may conduct the evaluation of such trator under subsection (b)(3)(A), the Archi- FEDERAL FACILITIES. an entity directly, or through an agreement tect of the Capitol under subsection (c)(2), or (a) DEFINITION.—In this section: with another Federal agency, other than the the Director described in subsection (d)(2) (1) ADMINISTRATOR.—The term ‘‘Adminis- Federal agency for which the entity is pro- under such subsection, as appropriate. trator’’ means the Administrator of General viding child care. If the Administrator deter- (f) TECHNICAL ASSISTANCE.—The Adminis- Services. mines, on the basis of such an evaluation, trator may provide technical assistance to (2) EXECUTIVE AGENCY.—The term ‘‘Execu- that the entity is not in compliance with the Executive agencies, and to entities operating tive agency’’ has the meaning given the term regulations, the Administrator shall notify child care centers in executive facilities, in in section 105 of title 5, United States Code, the Executive agency. order to assist the entities in complying July 17, 1997 CONGRESSIONAL RECORD — SENATE S7731 with this section. The Architect of the Cap- Subtitle E—Miscellaneous Provisions by striking ‘‘$500’’ both places it appears and itol and the Director of the Administrative SEC. 241. STUDENT LOAN REPAYMENT AND CAN- inserting ‘‘$150’’. Office of the United States Courts may pro- CELLATION FOR CHILD CARE WORK- (d) EFFECTIVE DATE.—The amendments vide, or request that the Administrator pro- ERS. made by this section shall take effect on Oc- vide, technical assistance to legislative of- (a) STAFFORD LOAN REPAYMENT.—Section tober 1, 1997. fices and judicial offices, respectively, and to 428J of the Higher Education Act of 1965 (20 Mr. DODD. Mr. President, it is my entities operating child care centers in legis- U.S.C. 1078–10) is amended— pleasure today to join my colleague (1) in the section heading by striking ‘‘and lative facilities and judicial facilities, re- from Vermont, Senator JEFFORDS, as ’’ and inserting ‘‘ spectively, in order to assist the entities in nurses , nurses and child care we introduce the Creating Improved complying with this section. workers’’; (2) in subsection (a)(1), by striking ‘‘and Delivery of Child Care: Affordable, Re- (g) COUNCIL.—The Administrator shall es- nursing profession’’ and inserting ‘‘, nursing liable, and Educational (CIDCARE) Act tablish an interagency council, comprised of and child care professions’’; of 1997. all Federal agencies described in subsection (3) in subsection (b)(1)— This legislation will go a long way (e), to facilitate cooperation and sharing of (A) in subparagraph (B)(ii), by striking best practices, and to develop and coordinate toward giving parents peace of mind. ‘‘or’’ after the semicolon; policy, regarding the provision of child care Child care shouldn’t be like going to (B) in subparagraph (C), by striking the pe- in the Federal Government. Las Vegas—where you roll the dice and riod and inserting ‘‘; or’’; and hope for the best. Parents should be (h) AUTHORIZATION OF APPROPRIATIONS.— (C) by adding at the end the following: confident that when they are not able There is authorized to be appropriated to ‘‘(D) is employed full time providing child carry out this section $900,000 for fiscal year care services, and possesses a certificate or to be with their children, their children 1998 and each subsequent fiscal year. degree in early childhood education or devel- will still be well cared for. We shouldn’t be gambling with our chil- SEC. 232. PROVIDING QUALITY CHILD CARE opment.’’; and THROUGH FEDERAL PROGRAMS. (4) in subsection (g)— dren’s health and safety. (A) in paragraph (1), by striking ‘‘and com- Up to this point Mr. President, we in (a) CORPORATION FOR NATIONAL AND COMMU- munity service’’ and inserting ‘‘community the federal government have largely NITY SERVICE.—Effective October 1, 2001, the service, and child care’’; and deferred the issue of quality of child Chief Executive Officer of the Corporation (B) in paragraph (3)— for National and Community Service shall care to the states. The sole significant (i) in subparagraph (A), by striking ‘‘and contribution of the federal government ensure that, to the maximum extent prac- community service’’ and inserting ‘‘commu- ticable, any child care made available under nity service, and child care’’; and to improving the quality of this na- any Federal financial assistance program (ii) in subparagraph (D), by striking ‘‘and tion’s child care is the modest 4% set- carried out by the Chief Executive Officer, community service’’ and inserting ‘‘commu- aside for quality improvement that we directly or through a child care allowance, nity service, and child care’’. struggled to create within the child shall be child care provided by an accredited (b) PERKINS LOAN CANCELLATION.—Section care development block grant. This child care center or a credentialed child care 465(a)(2) of the Higher Education Act of 1965 lack of federal support for quality has professional, as the terms are defined in sec- (20 U.S.C. 1087ee(a)(2)) is amended— tion 2. not served children well. (1) in subparagraph (H), by striking ‘‘or’’ A few years ago my good friend, Pro- (b) DEPARTMENTS OF EDUCATION, HOUSING after the semicolon; fessor Ed Zigler of Yale University, did (2) in subparagraph (I), by striking the pe- AND URBAN DEVELOPMENT, JUSTICE, AND a survey of state child care regula- LABOR.—Effective October 1, 2001, the Sec- riod and inserting ‘‘; or’’; and retary of Education, Secretary of Housing (3) by inserting after subparagraph (I) the tions. He found, in short, that states and Urban Development, Attorney General, following: are failing the ‘‘quality test’’—no state and Secretary of Labor shall ensure that, to ‘‘(J) as a full-time employee who provides had child care regulations in place that the maximum extent practicable, any child child care services and possesses a certificate could be characterized as good quality care made available under any Federal finan- or degree in early childhood education or de- standards. Only a third of states had cial assistance program carried out by the velopment.’’. minimally acceptable regulations. Attorney General or Secretary involved, di- SEC. 242. EXPANSION OF COORDINATED EN- Two-thirds of states had regulations rectly or through a child care allowance, FORCEMENT EFFORTS OF INTERNAL REVENUE SERVICE AND HHS OFFICE that didn’t even address the basics— shall be child care provided by an accredited caregiver training, safe environments, child care center or a credentialed child care OF CHILD SUPPORT ENFORCEMENT. professional, as the terms are defined in sec- (a) STATE REPORTING OF CUSTODIAL DATA.— appropriate provider-child ratios. tion 2. Section 454A(e)(4)(D) of the Social Security Keep in mind, we’re not even talking Act (42 U.S.C. 654(e)(4)(D)) is amended by about how well or whether states actu- (c) SOCIAL SERVICES BLOCK GRANTS.—Sec- striking ‘‘the birth date of any child’’ and in- ally enforced those standards. This tion 2002(a) of the Social Security Act (42 serting ‘‘the birth date and custodial status study was simply asking a question U.S.C. 1397a(a)) is amended by adding at the of any child’’. end the following: (b) MATCHING PROGRAM BY IRS OF CUSTO- about the first step in quality—wheth- er states had basic child care quality ‘‘(3) Effective October 1, 2001, child care DIAL DATA AND TAX STATUS INFORMATION.— services made available under this sub- (1) NATIONAL DIRECTORY OF NEW HIRES.— standards on the books that providers section shall, to the maximum extent prac- Section 453(i)(3) of the Social Security Act could be held to. This legislation ad- ticable, be child care services provided by an (42 U.S.C. 653(i)(3)) is amended by striking ‘‘a dresses, for the first time on a federal accredited child care center or a credentialed claim with respect to employment in a tax level, the issues of quality child care. child care professional, as the terms are de- return’’ and inserting ‘‘information which is We have safety standards for the food fined in section 2 of the CIDCARE Act.’’. required on a tax return’’. we eat and the cars we drive. Is it too (2) FEDERAL CASE REGISTRY OF CHILD SUP- SEC. 233. USE OF COMMUNITY DEVELOPMENT PORT ORDERS.—Section 453(h) of the such Act much to have some basic standards for BLOCK GRANTS TO ESTABLISH AC- (42 U.S.C. 653(h)) is amended by adding at the child care providers—individuals who CREDITED CHILD CARE CENTERS. end the following: literally hold a child’s life in their Section 105(a) of the Housing and Commu- ‘‘(3) ADMINISTRATION OF FEDERAL TAX hands? I think not, Mr. President. And nity Development Act of 1974 (42 U.S.C. LAWS.—The Secretary of the Treasury shall even beyond basic health and safety 5305(a)) is amended— have access to the information described in standards, we must consider how we (1) in paragraph (22), by striking ‘‘and’’ at paragraph (2), consisting of the names and can assist caregivers in supporting the end; social security numbers of the custodial par- (2) in paragraph (23), by striking the period children’s growth and development. ents linked with the children in the custody Mr. President, this legislation will at the end and inserting a semicolon; of such parents, for the purpose of admin- (3) in paragraph (24), by striking ‘‘and’’ at istering those sections of the Internal Reve- help working families afford child care. the end; nue Code of 1986 which grant tax benefits Specifically, this bill more equitably (4) in paragraph (25), by striking the period based on support and residence provided de- distributes the child care tax credit by at the end and inserting ‘‘; and’’; and pendent children.’’ making the credit refundable for lower (5) by adding at the end the following: (c) MINIMUM PAST-DUE SUPPORT THRESHOLD income families, increasing the credit ‘‘(26) the establishment of accredited child FOR USE OF OFFSET PROCEDURE.— for families under $55,000, and phasing care centers (as that term is defined in sec- (1) PART D FAMILIES.—Section 464(b)(1) of down the credit to a minimum of 10% tion 2 of the CIDCARE Act), by upgrading the Social Security Act (42 U.S.C. 664(b)(1)) is existing child care facilities to meet stand- amended by inserting ‘‘(not to exceed $150)’’ for higher income taxpayers. Further, ards for accredited child care centers, or by after ‘‘minimum amount’’. it increases the amount that employees renovating existing structures for use as ac- (2) OTHER FAMILIES.—Section 464(b)(2)(A) of can contribute to Dependent Care As- credited child care centers.’’. such Act (42 U.S.C. 664(b)(2)(A)) is amended sistance Plans (DCAP). S7732 CONGRESSIONAL RECORD — SENATE July 17, 1997 The CIDCARE bill further provides national commission to address the export financing, related programs for incentives for parents to choose high year 2000 computer problem. the fiscal year ending September 30, quality child care by providing a high- S. 100 1998, and for other purposes. er tax credit and larger DCAP allow- At the request of Mr. KERRY, the At the request of Mr. MCCONNELL the ances for families that use accredited name of the Senator from Hawaii [Mr. name of the Senator from Washington or credentialed services, reflecting the AKAKA] was added as a cosponsor of S. [Mrs. MURRAY] was added as a cospon- higher expenses associated with higher 100, a bill to amend title 49, United sor of amendment No. 892 proposed to quality care. States Code, to provide protection for S. 955, supra. Additionally, this legislation encour- airline employees who provide certain AMENDMENT NO. 896 ages child care centers and providers to air safety information, and for other At the request of Mr. BINGAMAN the offer high quality child care. It gives purposes. name of the Senator from Nebraska child care providers a higher deduction S. 217 [Mr. KERREY] was added as a cosponsor for the educational expenses related to At the request of Mr. BIDEN, the of amendment No. 896 proposed to S. achieving or maintaining accredita- name of the Senator from Delaware 955, an original bill making appropria- tion. It further provides $50 million to [Mr. ROTH] was added as a cosponsor of tions for foreign operations, export fi- create and operate a technology-based S. 217, a bill to amend title 38, United nancing, related programs for the fiscal training infrastructure, that builds States Code, to provide for the pay- year ending September 30, 1998, and for upon existing distance learning, ment to States of plot allowances for other purposes. Internet, and satellite resources, to en- certain veterans eligible for burial in a f able child care providers nationwide to national cemetery who are buried in SENATE CONCURRENT RESOLU- receive training, education, and sup- cemeteries of such States. port. It also provides loan forgiveness TION 40—EXPRESSING THE for Perkins and Stafford educational S. 535 SENSE OF CONGRESS REGARD- loans for child care workers who obtain At the request of Mr. MCCAIN, the ING THE OAS–CIAV MISSION IN a degree in early childhood education name of the Senator from Oklahoma NICARAGUA [Mr. NICKLES] was added as a cosponsor or receive professional child care cre- Mr. HELMS submitted the following of S. 535, a bill to amend the Public dentials. This bill would also require original concurrent resolution; which Health Service Act to provide for the federal child care centers to meet all was reported from the Committee on establishment of a program for re- state and local licensing and other reg- Foreign Relations and placed on the search and training with respect to ulatory requirements related to the calendar. Parkinson’s disease. provision of child care. S. CON. RES. 40 S. 969 This legislation will also give busi- Whereas the International Support and nesses incentives to support quality At the request of Mr. D’AMATO, the Verification Commission of the Organization child care for their employees and the name of the Senator from Pennsylva- of American States (in this resolution re- community at large. It will allow busi- nia [Mr. SANTORUM] was added as a co- ferred to as the ‘‘OAS–CIAV’’) was estab- nesses a charitable deduction for do- sponsor of S. 969, a bill ordering the lished in the August 7, 1989, Tela Accords by nating educational equipment to non- preparation of a Government report de- the presidents of the Central American coun- profit child care providers, support en- tailing injustices suffered by Italian tries and by the Secretary Generals of the tities, and public schools and provides Americans during World War II, and a United Nations and the Organization of formal acknowledgement of such injus- American States for the purpose of ending a tax credit for employers who develop the Nicaraguan war and reintegrating mem- child care centers for their employees. tices by the President. bers of the Nicaraguan Resistance into civil Finally, Mr. President, the CIDCARE S. 989 society; bill will provide grants to states to At the request of Mr. DORGAN, the Whereas the OAS–CIAV, originally com- support quality child care. It estab- names of the Senator from Georgia prised of 53 unarmed Latin Americans, suc- lishes a $260 million competitive grant [Mr. CLELAND], the Senator from Lou- cessfully demobilized 22,500 members of the Nicaraguan Resistance and distributed food program to assist states in improving isiana [Ms. LANDRIEU], and the Senator and humanitarian assistance to more than the quality of child care through mech- from South Dakota [Mr. JOHNSON] were anisms such as: salary increases for 119,000 repatriated Nicaraguans prior to July added as cosponsors of S. 989, a bill en- 1991; credentialed child care providers: de- titled the ‘‘Safer Schools Act of 1997’’. Whereas the OAS–CIAV provided seeds, veloping standards for the accredita- AMENDMENT NO. 889 starter plants, and fertilizer to more than tion and credentialing of child care At the request of Mr. MCCONNELL the 17,000 families of demobilized combatants; providers; scholarship programs to help name of the Senator from Kansas [Mr. Whereas the OAS–CIAV assisted former child care providers meet the costs of Nicaraguan Resistance members in the con- BROWNBACK] was added as a cosponsor education and training; expanding struction of nearly 3,000 homes for impover- of amendment No. 889 proposed to S. ished families, 45 schools, 50 health clinics, training and technical assistance ac- 955, an original bill making appropria- tivities; consumer education efforts, and 25 community multi-purpose centers, as tions for foreign operations, export fi- well as the development of microenterprises; and increased rates of reimbursement nancing, related programs for the fiscal Whereas the OAS–CIAV assisted rural com- for the care of children with special year ending September 30, 1998, and for munities with the reparation of roads, devel- needs. other purposes. opment of potable water sources, veterinary Mr. President, quality child care can and preventative medical training, raising AMENDMENT NO. 890 no longer be considered a luxury re- basic crops, cattle ranching, and reforest- served for the very few. This should not At the request of Mr. HUTCHINSON the ation; be a partisan issue. All of us want the name of the Senator from Wisconsin Whereas the OAS–CIAV, together with the best for our children. And when they [Mr. FEINGOLD] was added as a cospon- Pan-American Health Organization (PAHO), trained local paramedics to staff 22 health can’t be with their parents, we want sor of amendment No. 890 proposed to S. 955, an original bill making appro- posts in the Atlantic and pacific regions of them to be in high quality care. This Nicaragua and provided medical supplies to legislation will move us in that direc- priations for foreign operations, export financing, related programs for the fis- treat mothers, young children, and cholera tion. I urge my colleagues to join Sen- patients, among others, in a five-month pro- ator JEFFORDS and myself in support of cal year ending September 30, 1998, and gram that benefited nearly 50,000 Nica- the CIDCARE bill. for other purposes. raguans; f AMENDMENT NO. 892 Whereas the OAS–CIAV, with 15 members At the request of Mr. BROWNBACK the under a new mandate effective June 9, 1993, ADDITIONAL COSPONSORS names of the Senator from Arizona has investigated and documented more than 1,800 human rights violations, including 653 S. 22 [Mr. MCCAIN], and the Senator from murders and has presented these cases to At the request of Mr. MOYNIHAN, the West Virginia [Mr. BYRD] were added as Nicaraguan authorities, following and advo- name of the Senator from Delaware cosponsors of amendment No. 892 pro- cating justice in each case; [Mr. BIDEN] was added as a cosponsor of posed to S. 955, an original bill making Whereas, the OAS–CIAV has demobilized S. 22, a bill to establish a bipartisan appropriations for foreign operations, 20,745 rearmed contras and Sandinistas, as July 17, 1997 CONGRESSIONAL RECORD — SENATE S7733 well as apolitical criminal groups, and re- Whereas the international community and AMENDMENTS SUBMITTED cently brokered and mediated the successful the United States Government have repeat- May 1997 negotiations between the Govern- edly called for the speedy withdrawal of all ment of Nicaragua and the largest rearmed foreign forces from the territory of Cyprus; THE TREASURY AND GENERAL group; Whereas there are internationally accept- GOVERNMENT APPROPRIATIONS able means to resolve the situation in Cy- Whereas the OSA–CIAV has resolved hos- ACT FOR FISCAL YEAR 1998 tage crises successfully, including the 1993 prus, including the demilitarization of Cy- abductions of UNO party Congressmen, the prus and the establishment of a multi- Vice President and the French military atta- national force to ensure the security of both che, and the 1996 kidnappings of an Agency communities in Cyprus; CAMPBELL AMENDMENT NO. 921 for International Development contractor Whereas during the past year tensions in Mr. CAMPBELL proposed an amend- and 28 Supreme Electoral Council employees; Cyprus have dramatically increased, with ment to the bill (S. 1023) making appro- Whereas the OSA–CIAV created 86 peace violent incidents occurring along cease-fire priations for the Treasury Department, lines at a level not reached since 1974; commissions and has provided assistance and the United States Postal Service, the extensive training in human rights and al- Whereas recent events in Cyprus have ternative dispute resolution for their mem- heightened the potential for armed conflict Executive Office of the President, and bers, who are currently mediating conflicts, in the region involving two North Atlantic certain Independent Agencies, for the including kidnappings and demobilization of Treaty Organization (NATO) allies, Greece fiscal year ending September 30, 1998, rearmed groups, in every municipality of the and Turkey, which would threaten vital and for other purposes; as follows: United States interests in the already vola- zones of conflict; At the appropriate place, insert the follow- tile Eastern Mediterranean area and beyond; Whereas the OSA–CIAV assistance and ing: Whereas a peaceful, just, and lasting solu- training by the OSA–CIAV of rural Nica- SEC. . REGULATIONS CONCERNING THE IMPOR- raguans has led to a decrease in violence in tion to the Cyprus problem would greatly benefit the security, and the political, eco- TATION OF CERTAIN FISH. the zones of conflict since 1994, in some areas (a) IMPORT COMPLIANCE.—Section 6(c) of as much as 85 percent; nomic, and social well-being of all Cypriots, as well as contribute to improved relations the Atlantic Tuna Convention Act of 1975 (16 Whereas the OSA–CIAV has assisted chil- U.S.C. 971d(c)) is amended by adding at the dren wounded by land mines; between Greece and Turkey; Whereas a lasting solution to the Cyprus end the following: Whereas the OSA–CIAV has provided as- ‘‘(8)(A)(i) Not later than January 1, 1998, sistance to disabled war veterans and widows problem would also strengthen peace and stability in the Eastern Mediterranean and the Secretary, in consultation with the Sec- of combatants; retary of the Treasury and the Secretary of Whereas the OSA–CIAV provided and dis- serve important interests of the United State, shall promulgate regulations to en- tributed 44,010 birth certificates to rural States; Whereas the United Nations has repeatedly sure that fish in any form that are— Nicaraguans in early 1996, allowing them to ‘‘(I) subject to regulation pursuant to a participate in the 1996 presidential and par- stated the parameters for such a solution, most recently in United Nations Security recommendation of the Commission; and liamentary elections; and ‘‘(II) presented for entry into the United Whereas the OSA–CIAV provided transpor- Council Resolution 1092, adopted on Decem- States; tation to and communication with remote ber 23, 1996, with United States support; areas or areas of conflict, assuring a secure Whereas the prospect of the accession by have been taken and retained in a manner climate for voter registration and the elec- Cyprus to the European Union, which the and under circumstances that are consistent tions: Now, therefore, be it United States has actively supported, could with the recommendations of the Commis- Resolved by the Senate (the House of Rep- serve as a catalyst for a solution to the Cy- sion described in clause (ii). resentatives concurring), That the Senate— prus problem; ‘‘(ii) The recommendations described in (1) commends and congratulates Santiago Whereas President Bill Clinton has pledged this clause are recommendations of the Com- Murray and Sergio Caramagna, the first and that in 1997 the United States will ‘‘play a mission that are— current directors, respectively, of the OSA– heightened role in promoting a resolution in ‘‘(I) made pursuant to article VIII of the CIAV and all members of the OSA–CIAV Cyprus’’; and Convention; and team for their tireless defense of human Whereas United States leadership will be a ‘‘(II) adopted by the Secretary in the regu- crucial factor in achieving a solution to the rights, promotion of peaceful conflict resolu- lations promulgated pursuant to this sec- Cyprus problem, and increased United States tion, and, contribution to the development of tion. involvement in the search for this solution freedom and democracy in Nicaragua; and ‘‘(B)(i) The regulations promulgated under (2) expresses its support for the continu- will contribute to a reduction of tension on this paragraph shall include, at a minimum, ation of the role of the Organization of Cyprus: Now, therefore, be it a requirement that the fish described in sub- Resolved by the Senate (the House of Rep- American States (OAS) in Nicaragua de- paragraph (A)(i) are accompanied by a valid resentatives concurring), That Congress— certificate of origin that attests that the fish scribed in the resolution passed by the OAS (1) reaffirms its view that the status quo General Assembly in Lima, Peru, on June 4, have been taken and retained in a manner on Cyprus is unacceptable and detrimental and under circumstances that are consistent 1997. to the interests of the United States in the SEC. 2. The Secretary of the Senate shall with the recommendations described in sub- Eastern Mediterranean and beyond; paragraph (A)(ii). transmit a copy of this concurrent resolu- (2) considers that lasting peace and stabil- tion to the President with the request that ‘‘(ii) A certificate described in clause (i) ity on Cyprus could be best secured by— may be issued only by the government of the he further transmit such resolution to the (A) a process of complete demilitarization nation that has jurisdiction over— Secretary General of the Organization of leading to the withdrawal of all foreign occu- ‘‘(I) the vessel from which the fish that is American States. pation forces; the subject of the certificate was harvested; f (B) the cessation of foreign arms transfers to Cyprus; and or SENATE CONCURRENT RESOLU- (C) the provision of alternative inter- ‘‘(II) any other means by which the fish TION 41 RELATIVE TO A JUST nationally acceptable and effective security that is the subject of the certificate was har- AND PEACEFUL RESOLUTION OF arrangements with guaranteed rights for vested. ‘‘(C) The regulations promulgated under THE SITUATION ON CYPRUS both communities as negotiated by the par- ties; this paragraph may limit the entry into the Mr. HELMS submitted the following (3) welcomes and supports the commitment United States of fish in any form if that lim- original concurrent resolution; which by President Clinton to give increased atten- itation is necessary to carry out the purpose was reported from the Committee on tion to Cyprus and to make the search for a of this paragraph. Foreign Relations and placed on the solution a priority of United States foreign ‘‘(D) Beginning on February 1, 1998, the Secretary of the Treasury shall prohibit the calendar. policy, as witnessed by the appointment of Ambassador Richard Holbrooke as Special entry into the United States of fish in any S. CON. RES. 41. Presidential Emissary for Cyprus; and form that does not comply with the regula- Whereas the Republic of Cyprus has been (4) calls upon the parties to lend their full tions promulgated pursuant to this para- divided and occupied by foreign forces since support and cooperation to United States, graph.’’. 1974 in violation of United Nations resolu- United Nations, and other international ef- (b) REPORTS.—Section 11 of the Atlantic tions; forts to promote an equitable and speedy res- Tuna Convention Act of 1975 (16 U.S.C. 971j) Whereas the international community, olution of the Cyprus problem— is amended— Congress, and successive United States ad- (A) on the basis of international law, the (1) by redesignating paragraphs (3) and (4) ministrations have called for an end to the provisions of relevant United Nations Secu- as paragraphs (4) and (5), respectively; and status quo on Cyprus, considering that it rity Council resolutions, and democratic (2) by inserting after paragraph (2) the fol- perpetuates an unacceptable violation of principles, including respect for human lowing: international law and fundamental human rights; and ‘‘(3) lists each fishing nation from which rights affecting all the people of Cyprus, and (B) in accordance with the norms and re- fish in any form was prohibited entry into undermines significant United States inter- quirements for accession to the European the United States pursuant to section ests in the Eastern Mediterranean region; Union. 6(c)(8);’’. S7734 CONGRESSIONAL RECORD — SENATE July 17, 1997 BROWNBACK (AND OTHERS) MIKULSKI AMENDMENT NO. 926 (f) ANNUAL REPORTS.—The Postmaster AMENDMENT NO. 922 General shall include in each annual report Mr. CAMPBELL (for Ms. MIKULSKI) rendered under section 2402 of title 39, United Mr. BROWNBACK (for himself, Mr. proposed an amendment to the bill, S. States Code, information concerning the op- CAMPBELL, Mr. WELLSTONE, and Mr. 1023, supra; as follows: eration of this section. BAUCUS) proposed an amendment to On page 71, line 16, strike ‘‘or night dif- amendment No. 921 proposed by Mr. ferential’’. CLELAND AMENDMENT NO. 928 CAMPBELL to the bill, S. 1023, supra; as On page 71, line 18, strike ‘‘or differential’’. follows: (Ordered to lie on the table.) Mr. CLELAND submitted an amend- At the appropriate place in the Amend- FEINSTEIN (AND OTHERS) ment, insert the following new section: AMENDMENT NO. 927 ment intended to be proposed by him SEC. . Notwithstanding any other provi- Mrs. FEINSTEIN (for herself, Mr. to the bill, S. 1023, supra; as follows: sion of law, no adjustment shall be made CONRAD, Mr. HARKIN, Mr. INOUYE, Mr. On page 47, line 9, strike ‘‘$145,300,000’ and under section 601(a) of the Legislative Reor- FAIRCLOTH, Mr. FEINGOLD, Mr. JOHN- insert ‘‘$210,300,000’’. ganization Act of 1946 (2 U.S.C. 31) (relating On page 47, line 13, strike ‘‘$110,000,000’’ and SON, Mr. KERRY, Mr. MACK, Mr. REID, to cost of living adjustments for Members of insert ‘‘$175,000,000’’. Congress) during fiscal year 1998. Mr. THURMOND, Mr. TORRICELLI, Ms. On page 51, line 15, strike ‘‘$4,885,934,000’’ SNOWE, Ms. MOSELEY-BRAUN, Mr. and insert ‘‘$4,820,934,000’’. COVERDELL, and Mr. SPECTER) , pro- CAMPBELL AMENDMENT NOS. 923– posed an amendment to the bill, S. THOMAS (AND OTHERS) 924 1023, supra; as follows: AMENDMENT NO. 929 Mr. CAMPBELL proposed two SEC. . (a) SPECIAL POSTAGE STAMPS.—In amendments to the bill, S. 1023, supra; order to afford the public a convenient way Mr. THOMAS (for himself, Mr. ENZI, as follows: to contribute to funding for breast-cancer re- Mr. BROWNBACK, and Mr. HAGEL) pro- AMENDMENT NO. 923 search, the United States Postal Service posed an amendment to the bill, S. shall establish a special rate of postage for On page 71, lines 13 to 18, move Sec. 514 to 1023, supra; as follows: first-class mail under this section. page 93 and insert after the period on line 3. At the appropriate place in the bill, insert (b) HIGHER RATE.—The rate of postage es- the following new section and renumber any tablished under this section— AMENDMENT NO. 924 (1) shall be 1 cent higher than the rate that following sections accordingly: Page 49, strike all on lines 11–13, and on would otherwise apply; SEC. . LIMITATION ON THE USE OF FUNDS TO line 14, strike the words ‘‘the private sector (2) may be established without regard to PROVIDE FOR FEDERAL AGENCIES for’’ and insert in lieu thereof the words ‘‘the any procedures under chapter 36 of title 39, TO FURNISH COMMERCIALLY AVAIL- ABLE PROPERTY OR SERVICES TO General Accounting Office shall conduct’’. United States Code, and notwithstanding OTHER FEDERAL AGENCIES. any other provision of law; and (a) Except as provided in subsection (b), (3) shall be offered as an alternative to the none of the funds appropaited by this or any THOMAS AMENDMENT NO. 925 rate that would otherwise apply. other Act may be used by the Office of Man- (Ordered to lie on the table.) The use of the rate of postage established agement and Budget, or any other agency, to Mr. THOMAS submitted an amend- under this section shall be voluntary on the publish, promulgate, or enforce any policy, ment intended to be proposed by him part of postal patrons. regulation, or circular, or any rule or au- to the bill, S. 1023, supra; as follows: (c) USE OF FUNDS.— thority in any other form, that would permit (1) IN GENERAL.— any Federal agency to provide a commer- At the appropriate place in the bill, insert (A) PAYMENTS.—The amounts attributable cially available property or service to any the following new section and renumber any to the 1-cent differential established under other department or agency of government following sections accordingly: this section shall be paid by the United unless the policy, regulation, circular, or SEC. . LIMITATION ON THE USE OF FUNDS TO States Postal Service to the Department of other rule or authority meets the require- PROVIDE FOR FEDERAL AGENCIES Health and Human Services. ments prescribed under subsection (b). TO FURNISH COMMERCIALLY AVAIL- (B) USE.—Amounts paid under subpara- (b)(1) Not later than 120 days after the date ABLE PROPERTY OR SERVICES TO graph (A) shall be used for breast-cancer re- OTHER FEDERAL AGENCIES. of the enactment of this Act, the Director of search and related activities to carry out the the Office of Management and Budget shall (a) Except as provided in subsection (b), purposes of this section. prescribe regulations applicable to any pol- none of the funds appropriated by this or any (C) FREQUENCY OF PAYMENTS.—Payments other Act may be used by the Office of Man- under subparagraph (A) shall be paid to the icy regulation, circular, or other rule or au- agement and Budget, or any other agency, to Department of Health and Human Services thority referred to in subsection (a). publish, promulgate, or enforce any policy, no less than twice in each calendar year. (2) The requirements prescribed under regulation, or circular, or any rule or au- (2) AMOUNTS ATTRIBUTABLE TO THE 1-CENT paragraph (1) shall include the following: thority in any other form, that would permit DIFFERENTIAL.—For purposes of this sub- (A) a requirement for a comparison be- any Federal agency to provide a commer- section, the term ‘‘amounts attributable to tween the cost of providing the property or cially available property or service to any the 1-cent differential established under this service concerned through the agency con- other department or agency of government section’’ means, as determined by the United cerned and the cost of providing such prop- unless the policy, regulation, circular, or States Postal Service under regulations that erty or service through the private sector; other rule or authority meets the require- it shall prescribe— (B) a requirement for cost and performance ments prescribed under subsection (b). (A) the total amount of revenues received benchmarks relating to the property or serv- (b)(1) Not later than 120 days after the date by the United States Postal Service that it ice provided relative to comparable service of the enactment of this Act, the Director of would not have received but for the enact- provided by other government agencies and the Office of Management and Budget shall ment of this section, reduced by contractors in order to permit effective over- prescribe regulations applicable to any pol- (B) an amount sufficient to cover reason- sight of the cost and provision of such prop- icy regulation, circular, or other rule or au- able administrative and other costs of the erty or service by the agency concerned or thority referred to in subsection (a). United States Postal Service attributable to the Office of Management and Budget; and (2) The requirements prescribed under carrying out this section. (C) the regulation would not apply to con- paragraph (1) shall include the following: (d) SPECIAL POSTAGE STAMPS.—The United tingency operations associated with national (A) a requirement for a comparison be- States Postal Service may provide for the security or a national emergency. tween the cost of providing the property or design and sale of special postage stamps to service concerned through the agency con- carry out this section. HATCH (AND OTHERS) cerned and the cost of providing such prop- (e) SENSE OF CONGRESS.—It is the sense of AMENDMENT NO. 930 erty or service through the private sector; the Congress that— (B) a requirement for cost and performance (1) nothing in this section should directly Mr. HATCH (for himself, Mr. LEAHY, benchmarks relating to the property or serv- or indirectly cause a net decrease in total Mr. DURBIN, and Mr. KOHL) proposed an ice provided relative to comparable services funds received by the Department of Health amendment to the bill, S. 1023, supra; provided by other government agencies and and Human Services or any other agency or as follows: contractors in order to permit effective over- instrumentality of the Government (or any sight of the cost and provision of such prop- component or other aspect thereof) below At the appropriate place, insert the follow- erty or service by the agency concerned or the level that would otherwise have been an- ing: the Office of Management and Budget; and ticipated absent this section; and SEC. . JUDICIAL SALARIES. (C) the regulation would not apply to con- (2) nothing in this section should affect (a) JUDICIAL COST-OF-LIVING ADJUST- tingency operations associated with national regular first-class rates or any other regular MENTS.—Section 461(a) of title 28, United security or a national emergency. rate of postage. States Code, is amended to read as follows: July 17, 1997 CONGRESSIONAL RECORD — SENATE S7735 ‘‘(a) Effective on the same date that the this section outweighs the benefits of com- At the appropriate place in the bill, insert rates of basic pay under the General Sched- pliance; and the following new section: ule are adjusted pursuant to section 5303 of ‘‘(2) submits a certification of such deter- SEC. . (a) The congressional ethics com- title 5, each salary rate which is subject to mination, with supporting documentation to mittees shall provide for voluntary reporting adjustment under this section shall be ad- the Congress.’’. by Members of Congress on the financial dis- justed by the same percentage amount as (b) The table of contents in section 2(b) of closure reports filed under title I of the Eth- provided for under section 5303 of title 5, the Federal Property and Administrative ics in Government Act of 1978 (5 U.S.C. App.) rounded to the nearest multiple of $100 (or if Services Act of 1949 is amended by inserting on such Members’ participation in— midway between multiples of $100, to the after the item relating to section 316 the fol- (1) the Civil Service Retirement System next higher multiple of $100).’’. lowing: under chapter 83 of title 5, United States (b) AUTOMATIC ADJUSTMENTS WITHOUT CON- ‘‘Sec. 317. Restrictions on certain informa- Code; and GRESSIONAL ACTION.—Section 140 of the reso- tion technology.’’. (2) the Federal Employees Retirement Sys- lution entitled ‘‘A Joint Resolution making tem under chapter 84 of title 5, United States (c) The amendments made by this section further continuing appropriations for the fis- Code. shall take effect 180 days after the date of cal year 1982, and for other purposes.’’, ap- (b) In this section, the terms ‘‘congres- enactment of this Act. proved December 15, 1981 (Public Law 97–92; sional ethics committees’’ and ‘‘Members of 95 Stat. 1200; 28 U.S.C. 461 note) is repealed. Congress’’ have the meanings given such DASCHLE AMENDMENT NO. 933 terms under section 109 of the Ethics in Gov- ernment Act of 1978 (5 U.S.C. App.). LOTT (AND DASCHLE) Mr. KOHL (for Mr. DASCHLE) pro- AMENDMENT NO. 931 (c) This section shall apply to fiscal year posed an amendment to the bill, S. 1998 and each fiscal year, thereafter. Mr. CAMPBELL (for Mr. LOTT, for 1023, supra; as follows: himself and Mr. DASCHLE) proposed an On page 22, lines 15 and 16, strike ‘‘Not- CAMPBELL AMENDMENT NO. 939 amendment to the bill, S. 1023; as fol- withstanding any other provision of law,’’ lows: and insert ‘‘Hereafter,’’. Mr. CAMPBELL proposed an amend- ment to the bill, S. 1023, supra; as fol- At the appropriate place, insert the follow- ing: COLLINS (AND OTHERS) lows: SEC. . Section 302(g)(1) of the Federal AMENDMENT NO. 934 On page 3, line 2, insert the following after Election Campaign Act of 1971 (2 U.S.C. ‘‘$6,745,000’’: ‘‘Provided further, That Chapter 432(g)(1)) is amended— Mr. CAMPBELL (for Ms. COLLINS, for 9 of the Fiscal Year 1997 Supplemental Ap- (1) by striking ‘‘and’’ after ‘‘Senator,’’; and herself, Mr. SHELBY, and Mr. GRASS- propriations Act for Recovery from Natural (2) by inserting after ‘‘candidate,’’ the fol- LEY) proposed an amendment to the Disasters, and for Overseas Peacekeeping Ef- lowing: ‘‘and by the Republican and Demo- bill, S. 1023, supra; as follows: forts, including those in Bosnia, Public Law cratic Senatorial Campaign Committees’’. On page 5, line 5, strike ‘‘$30,719,000’’, and 105–18 (111 Stat. 195–96) is amended by insert- insert in lieu thereof, ‘‘$29,719,000’’. ing after the ‘‘County of Denver’’ in each in- FAIRCLOTH (AND OTHERS) On page 39 after line 2, insert the following stance ‘‘the County of Arapahoe’’.’’. AMENDMENT NO. 932 new section: Mr. FAIRCLOTH (for himself, Mr. SEC. 121. None of the funds made available COVERDELL AMENDMENTS NO. 940– by this Act may be used by the Inspector 941 SHELBY, and Mr. HAGEL) proposed an General to contract for advisory and assist- amendment to the bill, S. 1023, supra; ance services that has the meaning given Mr. CAMPBELL (for Mr. COVERDELL) as follows: such term in section 1105(g) of Title 31, Unit- proposed two amendments to the bill, Insert at the appropriate section: ed States Code. S. 1023, supra; as follows: SEC. . PROHIBITION OF COMPUTER GAME PRO- AMENDMENT NO. 940 GRAMS. KOHL (AND KENNEDY) At the appropriate place in the bill, insert (1) DEFINITIONS.—In this section, ‘‘agency’’ the following new section: means agency as defined under section 105 of AMENDMENT NO. 935 SEC. . (a) A Federal employee shall be sep- title 5, United States Code; Mr. KOHL (for himself and Mr. KEN- arated from service and barred from reem- (2) REMOVAL OF EXISTING COMPUTER GAME NEDY) proposed an amendment to the ployment in the Federal service, if— PROGRAMS.—Not later than 180 days after the bill, S. 1023, supra; as follows: (1) the employee is convicted of a violation date of enactment of this Act, the head of or attempted violation of section 201 of title each agency shall take such actions as nec- On page 12 line 2, strike ‘‘$472,490,000’’ and insert in lieu there of, ‘‘$473,490,000; of which 18, United States Code; and essary to remove any computer game pro- (2) such violation or attempted violation gram not required for the official business of $1,000,000 may be used for the Youth Gun Crime Initiative.’’ related to conduct prohibited under section the agency from any agency computer equip- 1010(a) of the Controlled Substances Import ment. and Export Act (21 U.S.C. 960(a)). (3) PROHIBITION OF INSTALLATION OF COM- DEWINE AMENDMENT NO. 936 (b) This section shall apply during fiscal PUTER GAME PROGRAMS.—The head of each year 1998 and each fiscal year thereafter. agency shall prohibit the installation of any Mr. CAMPBELL (for Mr. DEWINE) computer game program not required for the proposed an amendment to the bill, S. AMENDMENT NO. 941 official business of the agency into any agen- 1023, supra; as follows: cy computer equipment. At the end of title VI, insert the following: At the appropriate place in the bill, insert the following: (4) PROHIBITION OF AGENCY ACCEPTANCE OF SEC. . No funds appropriated by this Act COMPUTER EQUIPMENT WITH COMPUTER GAME shall be available to pay for an abortion, or SEC. . (a) COORDINATION OF COUNTERDRUG PROGRAMS.— the administrative expenses in connection INTELLIGENCE CENTERS AND ACTIVITIES.—(1) (a) Title III of the Federal Property and with any health plan under the Federal em- Not later than 120 days after the date of en- Administrative Services Act of 1949 is ployees health benefit program which pro- actment of this Act, the Director of the Of- amended by adding at the end the following: vides any benefits or coverage for abortions. fice of National Drug Control Policy shall submit to the appropriate congressional ‘‘SEC. 317. RESTRICTIONS ON CERTAIN INFORMA- SEC. . The provision of section shall TION TECHNOLOGY. not apply where the life of the mother would committees a plan to improve coordination, ‘‘(a) DEFINITION.—In this section the term be endangered if the fetus were carried to and eliminate unnecessary duplication, ‘information technology’ has the meaning term, or the pregnancy is the result of an act among the counterdrug intelligence centers given such term under section 5002(3) of the of rape or incest. and counterdrug activities of the Federal Clinger-Cohen Act of 1996 (40 U.S.C. 1401). Government, including the centers and ac- ‘‘(b) IN GENERAL.—The head of an executive tivities of the following departments and agency may not accept delivery of informa- BINGAMAN AMENDMENT NO. 937 agencies: tion technology that is loaded with game Mr. CAMPBELL (for Mr. BINGAMAN) (A) The Department of Defense, including programs not required for an official purpose proposed an amendment to the bill, S. the Defense Intelligence Agency. (B) The Department of the Treasury, in- under the terms of the contract under which 1023, supra; as follows: information technology is delivered. cluding the United States Customs Service. ‘‘(c) WAIVER.—The head of an executive On page 92, strike lines 6 through 16. (C) The Central Intelligence Agency. agency may waive the application of this (D) The Coast Guard. section with respect to any particular pro- ABRAHAM AMENDMENT NO. 938 (E) The Drug Enforcement Administration. curement of information technology, if the (F) The Federal Bureau of Investigation. head of the agency— Mr. CAMPBELL (for Mr. ABRAHAM) (2) The purpose of the plan under para- ‘‘(1) conducts a cost-benefit analysis and proposed an amendment to the bill, S. graph (1) is to maximize the effectiveness of determines that the costs of compliance with 1023, supra; as follows: the centers and activities referred to in that S7736 CONGRESSIONAL RECORD — SENATE July 17, 1997 paragraph in achieving the objectives of the SEC. . PERSONAL ALLOWANCE PARITY AMONG The PRESIDING OFFICER. Without national drug control strategy. In order to NAFTA PARTIES. objection, it is so ordered. (a) IN GENERAL.—The United States Trade maximize such effectiveness, the plan shall— COMMITTEE ON ENERGY AND NATURAL (A) articulate clear and specific mission Representative and the Secretary of the Treasury, in consultation with the Secretary RESOURCES statements for each counterdrug intelligence Mr. CAMPBELL. Mr. President, I ask center and activity, including the manner in of Commerce, shall initiate discussions with which responsibility for counterdrug intel- officials of the Governments of Mexico and unanimous consent that the Commit- ligence activities will be allocated among Canada to achieve parity in the duty-free tee on Energy and Natural Resources the counterdrug intelligence centers; personal allowance structure of the United be granted permission to meet during (B) specify the relationship between such States, Mexico, and Canada. the session of the Senate on Thursday, centers; (b) REPORT.—The United States Trade Rep- July 17, for purposes of conducting a (C) specify the means by which proper resentative and the Secretary of the Treas- full committee hearing which is sched- oversight of such centers will be assured; ury shall report to Congress within 90 days uled to begin on 9:30 a.m. The purpose (D) specify the means by which after the date of enactment of this Act on of this hearing is to consider the nomi- counterdrug intelligence will be forwarded the progress that is being made to correct any disparity between the United States, nations of Patrick A. Shea to be Direc- effectively to all levels of officials respon- tor of the Bureau of Land Management, sible for United States counterdrug policy; Mexico, and Canada with respect to duty-free and personal allowances. Robert G. Stanton to be Director, Na- (E) specify mechanisms to ensure that (c) RECOMMENDATIONS.—If parity with re- tional Park Service, Kneeland C. State and local law enforcement agencies are spect to duty-free personal allowances be- Youngblood to be a Member of the apprised of counterdrug intelligence in a tween the United States, Mexico, and Canada United States Enrichment Corporation, manner which— is not achieved within 180 days after the date and Kathleen M. Karpan to be Director, (i) facilitates effective counterdrug activi- of enactment of this Act, the United States Office of Surface Mining Reclamation ties by such agencies; and Trade Representative and the Secretary of and Enforcement, Department of the (ii) provides such agencies with the infor- the Treasury shall submit recommendations to Congress for appropriate legislation. Interior. mation necessary to ensure the safety of offi- The PRESIDING OFFICER. Without cials of such agencies in their counterdrug f objection, it is so ordered. activities. NOTICE OF HEARING COMMITTEE ON ENVIRONMENT AND PUBLIC (b) APPROPRIATE CONGRESSIONAL COMMIT- WORKS TEES DEFINED.—In this section, the term COMMITTEE ON ENERGY AND NATURAL ‘‘appropriate congressional committees’’ RESOURCES Mr. CAMPBELL. Mr. President, I ask means the following: Mr. CRAIG. Mr. President, I would unanimous consent that the Commit- (1) The Committee on Foreign Relations, like to announce for the public that a tee on Environment and Public Works the Committee on the Judiciary, and the Se- hearing has been scheduled before the be granted permission to conduct a lect Committee on Intelligence of the Sen- hearing Thursday, July 17, 1997, at 10 Subcommittee on Forests and Public ate. p.m., to receive testimony on climate Land Management. (2) The Committee on International Rela- change. tions, the Committee on the Judiciary, and The hearing will take place Thurs- The PRESIDING OFFICER. Without the Permanent Select Committee on Intel- day, July 24, 1997, at 10 a.m. in room objection, it is so ordered. ligence of the House of Representatives. SD–366 of the Dirksen Senate Office COMMITTEE ON FOREIGN RELATIONS Building in Washington, DC. Mr. CAMPBELL. Mr. President, I ask The purpose of this hearing is to re- HATCH AMENDMENT NO. 942 unanimous consent that the Commit- ceive testimony on S. 858 and S. 1028, to tee on Foreign Relations be authorized Mr. CAMPBELL (for Mr. HATCH) pro- direct the Secretary of Agriculture to posed an amendment to the bill, S. to meet during the session of the Sen- conduct a pilot project on designated ate on Thursday, July 18, 1997, at 10 1023, supra; as follows: lands within Plumas, Lassen, and At page 47, line 19, strike all after ‘‘Appro- a.m. to hold a business meeting. Tahoe National Forests in the State of The PRESIDING OFFICER. Without priations’’ to page 48, line 1 at ‘‘Provided’’. California to demonstrate the effec- In lieu thereof, insert ‘‘and Judiciary of objection, it is so ordered. the House of Representatives and the Senate tiveness of the resource management COMMITTEE ON GOVERNMENTAL AFFAIRS that includes (1) a certification, and guide- activities proposed by the Quincy li- Mr. CAMPBELL. Mr. President, I ask lines to ensure that funds will supplement brary group and to amend current land unanimous consent on behalf of the and not supplant current anti-drug commu- and resource management. Governmental Affairs Committee spe- nity based coalitions; (2) a certification, and Those who wish to submit written cial investigation to meet on Thurs- guidelines to ensure that none of the funds statements should write to the Com- day, July 17, at 10 a.m., for a hearing will be used for partisan political purposes; mittee on Energy and Natural Re- on campaign financing issues. (3) a certification, and guidelines to ensure sources, U.S. Senate, Washington, DC that no media campaigns to be funded pursu- The PRESIDING OFFICER. Without ant to this campaign shall feature any elect- 20510. For further information, please objection, it is so ordered. ed officials, persons seeking elected office, call Judy Brown or Mark Rey at (202) COMMITTEE ON THE JUDICIARY cabinet-level officials, or other Federal offi- 224–6170. Mr. CAMPBELL. Mr. President, I ask cials employed pursuant to Schedule C of 5 f unanimous consent that the Commit- Code of Federal Regulations, Section 213, ab- tee on the Judiciary, be authorized to sent notice to each of the Chairmen and AUTHORITY FOR COMMITTEES TO MEET hold an executive business meeting Ranking Members of the House and Senate during the session of the Senate on Committees on Appropriations and Judici- COMMITTEE ON ARMED SERVICES Thursday, July 17, 1997, at 10 a.m., in ary; (4) a detailed implementation plan to be Mr. CAMPBELL. Mr. President, I ask submitted to the Chairmen of the Commit- room 226 of the Senate Dirksen Office tees on Appropriations and Judiciary for se- unanimous consent that the Commit- Building. curing private sector contributions including tee on Armed Services be authorized to The PRESIDING OFFICER. Without but not limited to in kind contributions; (5) meet on Thursday, July 17, 1997, at 9:30 objection, it is so ordered. a quantifiable system to measure outcome of a.m. in open session, to consider the COMMITTEE ON LABOR AND HUMAN RESOURCES success of the national media campaign, in- nomination of Rudy F. De Leon, to be Mr. CAMPBELL. Mr. President, I ask cluding but not limited to total funds ex- Under Secretary of Defense for Person- unanimous consent that the Commit- pended, to what, where, or whom such funds nel. tee on Labor and Human Resources be were expended, and the effect which such The PRESIDING OFFICER. Without media campaign has had in reducing youth authorized to meet for a hearing on drug abuse.’’ objection, it is so ordered. quality of child care during the session COMMITTEE ON COMMERCE, SCIENCE AND of the Senate on Thursday, July 17, TRANSPORTATION. 1997, at 2 p.m. HUTCHISON AMENDMENT NO. 943 Mr. CAMPBELL. Mr. President, I ask The PRESIDING OFFICER. Without Mrs. HUTCHISON proposed an unanimous consent that the Commit- objection, it is so ordered. amendment to the bill, S. 1023, supra; tee on Commerce, Science and Trans- SUBCOMMITTEE ON EUROPEAN AFFAIRS as follows: portation be authorized to meet on Mr. CAMPBELL. Mr. President, I ask At the appropriate place, insert the follow- Thursday, July 17, 1997 at 9:30 a.m. on unanimous consent that the Sub- ing new section: S. 625—Auto Choice Reform Act. committee on European Affairs of the July 17, 1997 CONGRESSIONAL RECORD — SENATE S7737 Committee on Foreign Relations be au- ‘‘Trinity Lake’’; S. 931, to designate year’s level. This 4.6 percent increase is thorized to meet during the session of the Marjory Stoneman Douglas Wilder- an unfortunate reversal of the trend to the Senate on Thursday, July 18, 1997, ness and the Ernest F. Coe Visitor Cen- reduce the size and cost of the GAO. at 2 p.m. to hold a hearing. ter; and S. 871, to establish the Okla- The report states that this $345 mil- The PRESIDING OFFICER. Without homa City National Memorial as a unit lion will pay for 3,500 full-time equiva- objection, it is so ordered. of the National Park System; to des- lent personnel. It is curious to me that SUBCOMMITTEE ON FINANCIAL INSTITUTIONS ignate Oklahoma City Memorial Trust, the GAO can, in effect, hire 3,500 staff- AND REGULATORY RELIEF and for other purposes. ers, while all 100 Senators make do Mr. CAMPBELL. Mr. President, I ask The PRESIDING OFFICER. Without with just slightly more than 3,900 staff- unanimous consent that the Sub- objection, it is so ordered. ers, including our State offices. committee on Financial Institutions f The bill also earmarks an unlimited and Regulatory Relief of the Commit- amount of GAO’s funds to finance ‘‘an ADDITIONAL STATEMENTS tee on Banking, Housing, and Urban appropriate share’’ of the expenses of Affairs be authorized to meet during several different programs: the session of the Senate on Thursday, FISCAL YEAR 1998 LEGISLATIVE The Joint Financial Management Im- July 17, 1997, to conduct an oversight BRANCH APPROPRIATIONS BILL provement Program, including the sal- hearing on the HUD rebuilding and ary of the Executive Director and sec- Mr. MCCAIN. Mr. President, overall, loan guaranty program for financial in- ∑ retarial support; the National Inter- this is a good bill. It shows that the stitutions created as part of last year’s governmental Audit Forum or a Re- Congress is concerned about finding church burning legislation. gional Intergovernmental Audit The PRESIDING OFFICER. Without savings in its own operations to con- Forum, as determined by the respec- objection, it is so ordered. tribute to deficit reduction. tive forum, including necessary travel The bill does reduce slightly the expenses of non-Federal participants; SUBCOMMITTEE ON FORESTRY, CONSERVATION, total number of employees in the Sen- AND RURAL REVITALIZATION and the American Consortium on Inter- ate offices from last year’s levels. It Mr. CAMPBELL. Mr. President, I ask national Public Administration, in- contains numerous reductions in un- unanimous consent that the Commit- cluding any expenses attributable to necessary spending requested by var- tee on Agriculture, Nutrition, and For- its membership in the International In- ious offices and affiliated organiza- estry’s Subcommittee on Forestry, stitute of Administrative Sciences. tions. Some of the more interesting ex- Conservation, and Rural Revitalization Again, I wonder why these particular amples of items requested by offices be allowed to meet during the session institutions are deserving of an ear- but which were very wisely not in- of the Senate on Thursday, July 17, mark for unlimited amounts of the cluded in this bill are: 1997, at 2:30 p.m. in SR–328A to receive GAO’s budget. A seismic study of the Capitol Build- testimony regarding the State and pri- In addition, the report language con- ing for $75,000; $30,000 for maintenance vate forestry programs and the North- tains several funding and language pro- of outdoor sculpture in the Peace and ern Forestry Stewardship Act. visions that cause me some concern. Garfield parks; and a study of electro- The PRESIDING OFFICER. Without For example: magnetic fields in the Russell Building objection, it is so ordered. A provision for $118,000 increase in which would have cost $50,000. travel, consultant, and representa- SUBCOMMITTEE ON IMMIGRATION The report also directs the General tional funding for the Secretary of the Mr. CAMPBELL. Mr. President, I ask Accounting Office to place higher pri- Senate. unanimous consent that the Sub- ority on Members’ requests for audits. A provision for $25,000 for training committee on Immigration of the Sen- This has been a particular matter of and travel expenses related to training ate Committee on the Judiciary, be au- concern to me, since the time the GAO for employees of the Senate Child Care thorized to meet during the session of sent auditors to middle of the gulf war Center. Shouldn’t these employees al- the Senate on Thursday, July 17, 1997, to inspect Apache helicopters. I appre- ready be well-trained in child care at 3 p.m. to hold a hearing in room 226, ciate the committee’s understanding when they are hired? Senate Dirksen Building, on: the VISA and assistance in refocusing the efforts A provision for $500,000 for improved Waiver Pilot Program. of the GAO on the work required by lighting in the Senate Chamber. I The PRESIDING OFFICER. Without Congress, rather than self-initiated hadn’t noticed a particular problem objection, it is so ordered. agendas. with lighting in the Chamber. SUBCOMMITTEE ON INTERNATIONAL FINANCE Unfortunately, though, the bill in- A provision for $100,000 to design a Mr. CAMPBELL. Mr. President, I ask creases funding for the Senate and new subway from the Russell Building unanimous consent that the Sub- joint Congressional operations by $51.6 to the Capitol Building. Mr. President, committee on International Finance of million over last year’s levels, for a we have already spent huge amounts of the Committee on Banking, Housing, total of $1.538 billion. For the Congress money to install a new subway from and Urban Affairs be authorized to to approve an increase in spending for the Dirksen and Hart buildings. Why meet during the session of the Senate its own operations seems to me ill-ad- do we need to spend more money on on Thursday, July 17, 1997, to conduct a vised, particularly as we continue to subways, and why does it cost a half- hearing on the reauthorization of the struggle to reach agreement on legisla- million dollars to design a subway U.S. Export-Import Bank. tion to provide tax relief and reduce when I assume it will be very similar The PRESIDING OFFICER. Without Federal spending. to the one already built from Dirksen objection, it is so ordered. In addition, there are several provi- and Hart? SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC sions in the bill language that I would A provision for $550,000 to modernize PRESERVATION AND RECREATION ask the managers to clarify further. elevators in the Hart Building. This Mr. CAMPBELL. Mr. President, I ask For example, $100,000 is earmarked building is relatively new and I wonder unanimous consent that the Sub- from the Library of Congress budget why a half-million dollars is needed at committee on National Parks, Historic for an International Copyright Insti- this time to upgrade the elevators. Preservation, and Recreation of the tute. Another $2,250 from the Library Again, I congratulate the managers Committee on Energy and Natural Re- of Congress budget is set aside for offi- of the bill for their hard work and scru- sources be granted permission to meet cial representational and reception ex- pulous attention to detail. This is, during the session of the Senate on penses of the International Copyright overall, a very good bill, but I hope Thursday, July 17, for purposes of con- Institute. My question is, what is this that, in conference with the House, un- ducting a subcommittee hearing which International Copyright Institute, and necessary spending can be dropped to is scheduled to begin at 2 p.m. The pur- why is it singled out for an earmark of bring the total back in line with cur- pose of this hearing is to receive testi- this sort? rent levels of spending. mony on S. 895, to designate the res- The bill also provides $354.2 million I ask that list of objectionable items ervoir created by Trinity Dam in the for the General Accounting Office—an be printed in the RECORD. Central Valley project, California, as increase of $15.7 million over last The list follows: S7738 CONGRESSIONAL RECORD — SENATE July 17, 1997 BILL LANGUAGE know, the Department needs the fund- I voted to table an amendment by $100,000 from the Library of Congress budg- ing that they have requested to pursue Senator MIKULSKI to reinstate the et for an International Copyright Institute. the furthering of hydrogen by working Boren amendment. In negotiating with $2,250 from the Library of Congress budget with the private-sector and our na- the White House on this balanced budg- for official representational and reception tional laboratories to demonstrate the et agreement, we all agreed that the expenses for activities of the International effectiveness as well as the safety of best way to reform Medicaid is to allow Copyright Institute. $354.2 million for the General Accounting hydrogen. I know that my ranking Governors the maximum flexibility to Office—an increase of $15.7 million over last member is as interested as I am in the design programs that meet the unique year’s level. demonstration and validation of hydro- needs of their States. The biggest bar- This 4.6 percent increase is an unfortunate gen power technology. I support his re- rier to this flexibility, according to the reversal of the trend to reduce the size and quest for a demonstration and evalua- bipartisan National Governors Associa- cost of the GAO. tion at the Nevada test site as part of tion, is the Boren amendment. The The report states that this will pay for the Department of Energy’s Hydrogen Boren amendment has allowed the 3,500 full-time equivalent personnel. It is cu- court system to set reimbursement rious to me that the GAO can, in effect, hire Research Program budget. 3,500 staffers, while all 100 Senators make do I would like to ask the distinguished rates, and these rates have been in- with just slightly more than 3,900 staffers, ranking member if he would elaborate flated much higher than what the mar- including our state offices. on the intentions of the committee re- ket would determine. These higher Earmark of unlimited amount of GAO’s port language as it relates to the De- rates have cost the States millions of funds to finance ‘‘an appropriate share’’ of partment allocating funds for a com- dollars a year and have inhibited the the expenses of the Joint Financial Manage- prehensive validation program at the ability of States to implement real ment Improvement Program, including the Nevada test site. If I understand this program reforms. For this reason, I salary of the Executive Director and sec- correctly, the distinguished Senator supported the bipartisan budget agree- retarial support. Earmark of unlimited amount of GAO’s from Nevada is suggesting that the De- ment and the decision to revoke the funds to finance ‘‘an appropriate share’’ of partment should begin phase 1 of a pro- Boren amendment. the costs of the National Intergovernmental gram in fiscal year 1998 that will estab- I voted to table an amendment by Audit Forum or a Regional Intergovern- lish at the Nevada test site a single lo- Senator KENNEDY which would require mental Audit Forum, as determined by the cation to administer testing and eval- specific health benefits for children respective forum, including necessary travel uation of industry-led hydrogen energy with special needs. I believe that our expenses of non-Federal participants. systems. package went a long way in meeting Earmark of unlimited amount of GAO’s Mr. REID. Mr. President, that is cor- the important goal of providing health funds to finance ‘‘an appropriate share’’ of benefits to children in need. Mr. KEN- the costs of the American Consortium on rect. First, I am deeply concerned that International Public Administration, includ- increased consumption of refined pe- NEDY’s amendment, however, would ing any expenses attributable to its member- troleum products for transportation take away the flexibility that Gov- ship in the International Institute of Admin- will continue to climb and the quality ernors need to develop the best possible istrative Sciences. of the air we breath will continue to plan for their States. Instead, Mr. KEN- REPORT LANGUAGE deteriorate. Additionally, our reliance NEDY’s amendment would allow the $118,000 increase in travel, consultant, and on foreign oil can only aggravate our Federal Government to mandate both representational funding for the Secretary of trade imbalance as well as jeopardize what the benefits should look like and the Senate. our national security. who should receive them. I believe this Provides $25,000 for training and travel ex- Therefore, I felt it to be vitally im- amendment represents movement in penses related to training for employees of portant that we begin to move forward the wrong direction. the Senate Child Care Center. and establish, at least, one location to I voted against an amendment of- $500,000 for improved lighting in the Senate fered by Senator DURBIN and Senator Chamber. allow the Department of Energy the $100,000 to design a new subway from the ability to begin the WELLSTONE which would reinstate food Russell Building to the Capitol building. precommercialization of hydrogen stamp benefits to the children of legal $550,000 to modernize elevators in the Hart technologies. And the Department immigrants. We have already nego- Building.∑ should provide to the committee a plan tiated certain changes in regard to f for the furthering of this center at the services for legal immigrants in the bi- Nevada test site in future years. Hope- partisan budget agreement. I am com- ENERGY AND WATER fully, their fiscal year 1999 request will mitted to upholding that agreement APPROPRIATIONS BILL mirror the authorization of $30 million and believe that this amendment went ∑ Mrs. BOXER. Mr. President, I would contained in the Hydrogen Future Act outside the scope of the agreed to like to ask the ranking member on the in order to fully implement the center. changes. Energy and Water Development Sub- Full funding at the authorized levels Senator D’AMATO offered an amend- committee, Senator REID of Nevada, a are the only way that we can begin to ment to take the money saved by question regarding the funding for hy- bring this technology to the market- changing the Medicare and Medicaid drogen research in the appropriations place. Furthermore, it is my hope that Program and direct it to National In- bill for fiscal year 1998. the administration will view our in- stitutes of Health to provide medical Mr. REID. I would be pleased to an- creased funding of the hydrogen re- research. While I wholeheartedly sup- swer a question from my colleague. search program as a clear indication port increased funding for NIH, I do not Mrs. BOXER. Thank you. As you well that there is support for this tech- believe this is an appropriate funding know, funding for the Department of nology in the U.S. Senate. avenue and therefore opposed it. In Energy’s Hydrogen Research Program Mrs. BOXER. I thank you for clarify- fact, I believe that money saved is critical to the advancement of hy- ing this most important issue and will through changes to Medicare should go drogen technologies. The President’s continue to look to your leadership in toward maintaining the long-term sol- budget for fiscal year 1998 requested $15 this area.∑ vency of the Medicare Program. million. The committee, through the f I voted against an amendment of- efforts of the ranking member, in- fered by Senator DODD which would add creased the budget request by $4 mil- EXPLANATION OF SELECTED $100 million to provide health care to lion to $19 million. As we know, the VOTES ON SPENDING PORTION children who are severely disabled. Hydrogen Future Act that passed by OF THE BALANCED BUDGET ACT While I believe this is an important the Congress last year authorized $25 ∑ Mr. ABRAHAM. Mr. President, re- goal, I maintain, and received assur- million for fiscal year 1998. cently, the Senate considered historic ances to that end, that the health As the ranking member of this appro- changes to preserve Medicare for future needs of severely disabled children priations subcommittee I sincerely ap- generations. I think it is important to would be met through the additional preciate his efforts to increase funding outline my views in detail on a few of $24 billion we will be spending on our for hydrogen research in the energy the key votes cast regarding these is- children’s health package already in- and water development bill. As we sues. corporated in this bill. July 17, 1997 CONGRESSIONAL RECORD — SENATE S7739

I supported Senator LEVIN’s amend- caps on the punitive damages available vision had been in effect at that time, ment which would allow vocational to passengers involved in accidents Amtrak, which was completely blame- education training to count toward while aboard Amtrak trains. Other less, would have been required to pay meeting the work requirement under bills which purport to aid Amtrak all of the damages associated with that the welfare reform law. The current would cap punitive damages to twice accident. Amtrak would have had to welfare law limits the amount of time compensatory damages or $250,000, pay the cost of an accident beyond its an individual can be on vocational edu- whichever is greater. While I under- control and that it was powerless to cation to 12 months. This amendment stand the necessity of any business to prevent. There is no more potent exam- will increase that limit to 24 months. I reduce costs, placing liability caps ple of the unfairness of such a provi- believe this change will allow individ- against passengers will not signifi- sion. uals the time necessary to engage in cantly improve Amtrak’s bottom line. One other unacceptable provision training programs to provide real work The General Accounting Office’s (GAO) that was wisely omitted from S. 961 is opportunities once they leave the wel- highest estimate of savings from such a so-called sunset trigger provision. fare system. caps is less than one percent of Am- Unfortunately, such a provision is con- I opposed an amendment offered by trak’s capital funding needs. tained in S. 738, the Amtrak bill re- Senator SPECTER which would have Moreover, the provision ignores the cently ordered reported by the Com- provided $1.5 billion over 5 years to pay value of punitive damages to the pub- merce Committee. The provision estab- the Medicare premium for low-income lic. With punitive damages a possibil- lishes a new Amtrak Reform Council seniors. I voted against this amend- ity, Amtrak has the incentive to prop- [ARC] to investigate Amtrak’s finan- ment because the budget reconciliation erly train its personnel, invest in safe cial condition, make a determination package provides $1.5 billion in new equipment, and reward safe operations. of Amtrak’s ability to meet its finan- funds to assist Medicare beneficiaries Finally, such a provision is unneces- cial goals, and present a report on Am- between 120 and 150 percent of the pov- sary. Punitive damages have never trak’s condition to the Congress. If the erty line with their Medicare premium. been awarded against Amtrak. ARC determination is negative, Am- I believe the legislation already ad- S. 961 puts the emphasis where it trak is required to prepare a liquida- dresses this important need. should be, on authorizing appropria- tion plan and the ARC is required to Finally, I voted in favor of waiving tions of $5 billion for Amtrak over the prepare a plan for restructuring Am- the Budget Act to include the Medicare next six years. It is this money that is trak. Both plans are sent to Congress Choice program as part of the budget needed to fund Amtrak operations, and if, within 90 days, the Congress reconciliation bill. I believe that this is equipment purchases, much needed does not enact the restructuring plan, one of the most important provisions capital improvements, and expanded the liquidation plan must be imple- of the Medicare bill. Our legislation services, not the small amount any li- mented. Thus, to kill Amtrak, any ac- will allow seniors a wide array of ability cap will provide the rail carrier. tion to save it need only be delayed by choices in care. Seniors will be able to We would all like to avoid paying Gov- its congressional opponents for 3 choose from a variety of insurance ernment subsidies for this service, but months. plans including medical savings ac- we cannot ignore that the provision of Under this provision, Amtrak could counts [MSA] and private fee-for-serv- transportation infrastructure is a nec- be liquidated without either House of ice plans. It is critical to keep these essary function of Government, wheth- Congress taking any responsibility by provisions in the legislation to allow er involving highways, bridges, air- voting for or against the liquidation seniors a real choice in care and to pro- ports, mass transit, or rail. It should be plan. There would not have to be any tect seniors from rationing services in noted that a 1994 study of central gov- debate in Congress on Amtrak or the the future. ∑ ernment subsidies of rail transpor- liquidation plan. No questions of Am- f tation showed that U.S. subsidy levels trak’s worth or importance and no in- REAUTHORIZING AMTRAK are 35th in the world, well below those dication of the consequences of elimi- APPROPRIATIONS of Europe. nating Amtrak would have to be ad- S. 961 also avoids the unnecessary Mr. HOLLINGS. Mr. President, I sup- dressed. A transportation program of ∑ controversy brought about by an effort port S. 961, the administration’s bill to vital importance to millions of Ameri- to provide indemnification for freight reauthorize appropriations for the Na- cans would be eliminated without an- railroads over whose tracks Amtrak tional Rail Passenger Corporation, bet- other word. This is nothing more than largely operates. Some argue that ter known as Amtrak. Amtrak is a nec- Congress evading its responsibilities essary part of a national transpor- freight railroads need protection from and should not be allowed. tation system. It has demonstrated its accidents between their trains and Am- S. 961 is the right approach. We popularity with the traveling public trak trains. Whatever the merits of in- should insist that Amtrak run its oper- and, more importantly, its ability to demnifying particular freight railroads ations in a business-like, efficient man- provide safe, efficient transportation in particular cases, what has been pro- ner. And we should conduct vigorous at reasonable prices. posed in several bills is the complete oversight. However, we should not My South Carolina constituents have indemnification of any freight railroad complicate its authorization legisla- made it quite clear that they want Am- for any accident, regardless of cause or tion with extraneous provisions, and trak to prosper, and wish it expanded, fault. In other words, if a freight rail- any decision to discontinue passenger not terminated or forced to operate road employee acts intentionally or rail service in this country must be under unreasonable restrictions or re- with gross negligence and causes an ac- made in full view and with complete duced to the status of a regional rail- cident, Amtrak would pay for that ac- information on the economic and so- road. The citizens of South Carolina cident, most likely with tax dollars cial costs of doing so.∑ and the Nation demand a first class paid by the American people. The f rail passenger transportation service. American people would be forced to CHEMICAL AND BIOLOGICAL This is Amtrak’s mission, and its pay for the mistakes of a multi-million DEFENSE RESEARCH promise. dollar private corporation. This is inde- S. 961 puts Amtrak on the path to fensible. ∑ Ms. SNOWE. Mr. President, on Mon- fulfilling that promise. The bill con- In 1987, a Conrail engineer, after day, July 14, 1997, I offered an amend- centrates on what is important, the smoking marijuana, drinking beer, and ment to the fiscal year 1998 Depart- operational and financial viability of disabling safety equipment, ran his ment of Defense appropriations bill Amtrak, and is not diverted from its Conrail locomotives into the rear of an which specifically appropriated funds goal by including provisions that are Amtrak train near Chase, MD. The dis- for a program of basic research in the divisive and will not save Amtrak sig- aster cost 16 lives and 175 injuries. In area of chemical and biological de- nificant money or allow it to maximize the resulting litigation, a court found fenses. I want to thank the distin- its revenues. the conduct of the engineer to involve guished chairman of the Defense Ap- Specifically, S. 961 does not include a gross negligence. The accident cost $130 propriations Subcommittee, Senator provision which would impose so-called million. If the full indemnification pro- STEVENS, and the ranking minority S7740 CONGRESSIONAL RECORD — SENATE July 17, 1997 member, Senator INOUYE, for accepting concerned that while the total number following the progress made by the ad- this very important amendment. of Federal employees has been reduced ministration in reducing the number of This chemical and biological sensor in recent years, the same cannot be political appointees with great inter- research program was specifically au- said of executive branch political ap- est.∑ thorized in the Defense authorization pointees. f bill which was overwhelmingly passed Indeed, between 1980 and 1992 the by the Senate last week. The Senate number of political appointees grew 17 IN REMEMBRANCE OF THE Armed Services Committee rec- percent, three times as fast as the total VICTIMS OF FLIGHT 800 ommended, and the Senate approved, number of executive branch employees. ∑ Mr. SANTORUM. Mr. President, I an increase of $2 million in research Mr. President, let me emphasize that rise in remembrance of the 228 victims and development funding for a joint political appointees play a vital role in of the TWA airline crash off the Long service program to develop a prototype implementing those very policies for Island coast which occurred just 1 year hybrid integrated sensor array for which an administration is elected in ago today. In that accident, the com- chemical and biological point detec- the first place. Political appointees munity of Montoursville, PA, lost 16 of tion. often also bring backgrounds rich in its young citizens—students from the The Senate Armed Services Commit- experience as well as a fresh perspec- local high school who were traveling tee’s intent was to accelerate the de- tive that can strengthen our Govern- abroad as members of the school’s velopment of small sensors which ment. french club—and 5 adult chaperones. would detect, in real time, the presence But as many distinguished observers While its cause remains unknown, I of chemical or biological agents. These have noted, too many political ap- believe it is critical that our remem- sensors would be based on metal oxide pointees may actually interfere with brance of the accident not be defined and biochemical film technologies. In the efficient and effective implementa- by this uncertainty, difficult as it is its report, the Senate Armed Services tion of administration policies. Author for those who mourn the death of fam- Committee emphasized its support for Paul Light has documented this prob- ily and friends. Because we do know, this program and for expanding the lem in his book ‘‘Thickening Govern- with certainty, what we lost: sons, knowledge in military relevant fields ment: Federal Government and the Dif- daughters, classmates, as well as moth- of chemical and biological research. fusion of Accountability.’’ ers, fathers, and neighbors. We know of Various public commissions and Gov- Our soldiers in the field need this tech- their contributions to their commu- ernment watchdog groups have also nology to protect them from the pos- nities, schools, and professions. We voiced concerns from the 1989 National know, especially in the cases of the sible threat presented by chemical and Commission on Public Service, chaired youngest victims, of their promise and biological agents. by Paul Volcker, to the Congressional Mr. President, I have reviewed the of their vitality. We know of their im- Budget Office, and most recently the fiscal year 1998 Department of Defense portance in the lives of their families. Twentieth Century Fund Task Force It is with this sure knowledge of who appropriations bill which we are con- on the Presidential Appointment Proc- the victims were and of what they did sidering here in the Senate, and it is ess, chaired by two former Members of in their lives that we should remember unclear as to whether the funding for this body, former Senators John Culver them. this program, which was included in and Charles Mathias. the Defense authorization bill, has suf- Mr. President, I have introduced leg- The loss of the young Pennsylvania ficient appropriations. My intent, with islation to cap the number of political students—and all the members of that this amendment, is to make clear that appointees at 2,000, a level which rep- flight—to unexplained tragedy is ter- this bill appropriates funds for this resents a reduction of about 30 percent rible to bear. I know that the very important program. from current levels. That proposal is Montoursville students were the pride Mr. President, the threat from chem- identical to the recommendation of of their community. Responsible and ical and biological weapons that faces both the Volcker Commission and the accomplished students, cherished sons our Nation’s troops is very real and Twentieth Century Fund Task Force, and daughters, they undertook the very dangerous. During the Persian and also mirrors a proposal by the Con- much-anticipated trip to France with Gulf war, we witnessed just how dan- gressional Budget Office which is in- gratitude, excitement and hope. By re- gerous the threat of chemical and bio- cluded in their publication of spending membering them in this way perhaps logical weapons was during that crisis and revenue options to reduce the defi- we will always somehow know their and how this threat continues today. cit. My bill would save taxpayers over presence in our lives.∑ We must also consider the fact that $330 million during the next 5 years. f chemical and biological weapons may Just as important, bringing the num- ONE YEAR AGO TODAY—TWA also be a potential weapon of choice for ber of political appointees to a more FLIGHT 800 use by terrorists. Continued research manageable level will enhance flexibil- and development in the area of sensor ity and increase the ability of the ∑ Mr. HOLLINGS. Mr. President, one development must continue in this President to implement administration year ago today, I spent the morning in field to counter these very real threats. policies. a hearing on aviation safety arguing There is an urgent need to have effec- Mr. President, this administration with the head of the Federal Aviation tive chemical and biological weapon has a commendable record in bringing Administration that we needed higher sensors that can detect the presence of the overall growth of the Federal em- safety standards and better safety in- these weapons in real-time or near- ployees under control, and, in fact, be- spections. We finished with the hearing real-time. The Department of Defense ginning to reduce the number by sev- at about the same time 230 people needs to rapidly develop these kinds of eral hundred thousand. began to prepare for a flight to Paris. sensors, and that is the intent of this And recently, I was encouraged to see As with most flights, I am sure that amendment. that work also began with respect to some people were a little nervous, This amendment does not seek to go political appointees in the Commerce while others were delighted to be on beyond the authorized funding amount. Department, an agency where the board and away from the heat and con- It seeks merely to insure that the pro- growing number of appointees has been gestion in New York. Shortly after 8:30 gram which the Senate has voted to a particular concern. p.m., the lives of the 230 people and authorize is fully funded in this bill. I Mr. President, while I believe we their families changed forever. thank my colleagues for their support have a long way to go in this area, Terrorism was the first focus of the of this amendment.∑ there has been some progress made by National Transportation Safety Board, f the administration and I will not offer FBI, and others. It was, and remains, my legislation as an amendment to incredible that a perfectly able air- EXECUTIVE BRANCH POLITICAL this particular bill as I have in the craft, with an experienced crew, would APPOINTEES past. just explode. Yet it happened. ∑ Mr. FEINGOLD. Mr. President, as I firmly believe further work is need- To the family of Matt Alexander, many in this body know, I have been ed in this area, however, and I will be July 17 will always remain a tragic July 17, 1997 CONGRESSIONAL RECORD — SENATE S7741 memory. Matt was from Florence, your office did no mass mailings during until 3 p.m., the Senate will be in a pe- South Carolina. He was a student at this period, please submit a form that riod of routine morning business. By Wake Forest, going to spend a semester states ‘‘none.’’ previous order, at 3 p.m., the Senate in France. Mass mailing registrations, or nega- will begin consideration of the HUD– I want to make sure that the families tive reports, should be submitted to VA appropriations bill. Under the pre- of the victims realize that their losses the Senate Office of Public Records, 232 vious order, at 5:15 p.m., the Senate have not been, and will not be, forgot- Hart Building, Washington, DC 20510– will resume consideration of S. 1023, ten. Aviation safety changes will occur 7116. the Treasury and General Government that are the direct result of the crash. The Public Records Office will be appropriations bill, with a series of While new safety measures cannot open from 8 a.m. to 6 p.m. on the filing votes occurring on the remaining pend- bring back loved ones, they can help date to accept these filings. For further ing amendments to the bill, including prevent future losses. information, please contact the Public final passage of S. 1023. Following pas- We already have put in place new Records Office on (202) 224–0322. sage of the Treasury and General Gov- procedures to assist the families fol- f ernment appropriations bill, the Sen- lowing aviation disasters. A Federal ate will resume consideration of the task force created as part of the Fed- ORDERS FOR MONDAY, JULY 21, VA-HUD appropriations bill. As a re- eral Aviation Reauthorization Act of 1997 minder to all Members, the Senate will 1996 continues to examine ways to Mr. STEVENS. Mr. President, I ask not be in session on Friday. The next make sure that families get needed in- unanimous consent that when the Sen- rollcall will be a series of votes, com- formation, assistance, and privacy fol- ate completes its business today, it mencing at 5:15 on Monday afternoon. lowing a disaster. None of this will stand in adjournment until the hour of f bring back people like Matt, but we 12 noon on Monday, July 21st. I further ask that on Monday, imme- can make the process a more humane ADJOURNMENT UNTIL MONDAY, diately following the prayer, the rou- one.∑ JULY 21, 1997 f tine requests through the morning hour be granted, the Senate then im- Mr. STEVENS. Mr. President, if 1997 MID YEAR REPORT mediately proceed to a period of morn- there is no further business to come be- The mailing and filing date of the ing business, with Senators permitted fore the Senate, I now ask that the 1997 Mid Year Report required by the to speak for up to 10 minutes. Senate stand in adjournment under the Federal Election Campaign Act, as The PRESIDING OFFICER. Without previous order. amended, is Thursday, July 31, 1997. All objection, it is so ordered. There being no objection, the Senate, Principal Campaign Committees sup- Mr. STEVENS. Mr. President, I also at 8:25 p.m., adjourned until Monday, porting Senate candidates must file ask unanimous consent that at 3 p.m., July 21, 1997, at 12 noon. their reports with the Senate Office of the Senate begin consideration of the f Public Records, 232 Hart Building, VA-HUD appropriations bill. Washington, DC 20510–7116. Senators The PRESIDING OFFICER. Without NOMINATIONS may wish to advise their campaign objection, it is so ordered. Executive nominations received by committee personnel of this require- Mr. STEVENS. I further ask unani- the Senate July 17, 1997: ment. mous consent at 5:15 p.m. on Monday, The Public Records Office will be the Senate resume consideration of S. DEPARTMENT OF STATE open from 8 a.m. until 7 p.m. on the fil- 1023, the Treasury and General Govern- FELIX GEORGE ROHATYN, OF NEW YORK, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF ing date for the purpose of receiving ment appropriations bill, with a series THE UNITED STATES OF AMERICA TO FRANCE. these filings. For further information, of votes occurring on the remaining f please do not hesitate to contact the pending amendments, including a vote Office of Public Records on (202) 224– on final passage of this bill, S. 1023. CONFIRMATIONS 0322. The PRESIDING OFFICER. Without f objection, it is so ordered. Executive nominations confirmed by f the Senate July 17, 1997: REGISTRATION OF MASS DEPARTMENT OF JUSTICE MAILINGS PROGRAM JOEL I. KLEIN, OF THE DISTRICT OF COLUMBIA, TO BE The filing date for 1997 second quar- Mr. STEVENS. For the information AN ASSISTANT ATTORNEY GENERAL. ERIC H. HOLDER, JR., OF THE DISTRICT OF COLUMBIA, ter mass mailings is July 25, 1997. If of all Members, Monday from noon TO BE DEPUTY ATTORNEY GENRAL. July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1445 EXTENSIONS OF REMARKS

INTRODUCING HOUSE RESOLUTION In addition, China reportedly is supplying As Elaine Sciolino points out in her April 20, 188 URGING THE EXECUTIVE Iran with a land-based version of the C±802 1997, article in the New York Times, the po- BRANCH TO TAKE ACTION RE- cruise missile. Iran has been constructing sev- tential for real conflict between the United GARDING THE ACQUISITION BY eral sites along its coastlines to accommodate States and Iran is significant, ``when two IRAN OF C–802 CRUISE MISSILES transporter-erector-launchers [TELs], from enemy navies with vastly different military mis- which the Iranian Revolutionary Guard can fire sions and governments that do not talk to HON. BENJAMIN A. GILMAN these cruise missiles at targets in both the each other are crowded into such a small, OF NEW YORK Persian Gulf and the Gulf of Oman. The C± highly strategic body of water.'' The acquisition IN THE HOUSE OF REPRESENTATIVES 802 model cruise missile provides the Iranian by Iran of advanced cruise missiles, like the military a weapon with greater range, accu- C±802 model, must be considered a serious Thursday, July 17, 1997 racy, reliability, and mobility than it previously threat to stability, given the explosive situation Mr. GILMAN. Mr. Speaker, I am submitting possessed. that already exists. Iran's intent seems clear to today a resolution that calls upon the Clinton In November 1996, Iran conducted land, me: to challenger the United States for pre- administration to take firm action against those sea, and air war games in the Persian Gulf dominance in the gulf. responsible for providing dangerous C±802 and the Gulf of Oman and successfully test- Thus, the number of C±802 cruise missiles cruise missiles to Iran. fired a C±802 anti-ship cruise missile from one that Iran acquires becomes academic when The safety and security of American serv- of its patrol boats. Adm. Scott Redd, the considering application of the provisions of the icemen and women stationed in the Persian former commander-in-chief of the United Iran-Iraq Arms Non-Proliferation Act. Our men Gulf theater of operations are at stake. The States Fifth Fleet, said that the C±802 missiles and women in uniform in the Persian Gulf now acquisition of C±802 cruise missiles by Iran is give Iran a ``360-degree threat which can face a greater risk with at least 60 lethal a destabilizing development and constitutes a come at you from basically anywhere.'' Deputy cruise missiles targeted at them. The sailors clear threat to peace in the region. This vio- Assistant Secretary of State Robert Einhorn aboard the U.S.S. Stark can remind us of the lates the provisions of the Iran-Iraq Arms Non- told the Senate Governmental Affairs Commit- irreparable harm that one cruise missile can Proliferation Act of 1992, and, therefore, re- tee on April 11, 1997, that the C±802 cruise perform, let alone 60. quires the President to levy sanctions against missiles ``pose new, direct threats to deployed Other considerations aside, the law requires the provider of the cruise missilesÐChina. To United States forces.'' the administration to impose sanctions on date, the administration has done nothing. I The Iran-Iraq Arms Non-Proliferation Act of China for its role in providing these weapons urge my colleagues in the House of Rep- 1992Ðtitle XVI of the National Defense Au- to Iran. I strongly recommend that the Presi- resentatives to join me in calling on the execu- thorization Act for Fiscal Year 1993Ðestab- dent consider applying sanctions against the tive branch to enforce the law with respect to lishes United States policy to oppose any Chinese Government, as spelled out in the the acquisition by Iran of these cruise missiles, transfer to Iran of destabilizing numbers and statute, rather than only against the China Na- and to take appropriate action against China types of advanced conventional weapons, in- tional Precision Machinery Import-Export Corp. for providing the weapons. cluding cruise missiles. The law requires the As a state-run enterprise, this company oper- We all remember the tragic and deadly at- President to apply sanctions to ``those nations ates with Central Government complicity. Pre- tack against the naval escort vessel U.S.S. and persons who assist [Iran] in acquiring vious penalties by the U.S. Government Stark that occurred in the Persian Gulf in May weapons.'' The sanctions include a 1-year against this corporation have not eliminated 1987. A single cruise missile slammed into the suspension of U.S. assistance to the offending business dealings that are inimical to Amer- frigate and killed 37 American sailors. country and a 2-year ban on the import of any ican security interests. The Chinese Govern- Today, 15,000 members of the United goods produced by the company found in vio- ment has sent us a message by permitting the States Armed Forces are stationed in the Per- lation of the statute. sale of C±802 cruise missiles to Iran. It's time sian Gulf area, carrying out a variety of impor- We know that China is responsible for the for the U.S. Government to deliver a crystal tant foreign policy objectives: enforcing eco- transfer of these cruise missiles to Iran. The clear response. nomic sanctions against Iraq; protecting Unit- President must impose the sanctions that are Again, I urge my colleagues in the House of ed States and European aircraft that are pa- stipulated in the law. Representatives to support this resolution call- trolling the no-fly zone over southern Iraq; To my dismay, the administration has con- ing upon the Clinton administration to take ap- and, maintaining open sea lanes through the cluded that the known transfers of C±802 propriate action. gulf. We owe it to our troops to minimize to cruise missiles from China to Iran are not of f the extent possible the threat they face as a destabilizing number and type and, there- INTRODUCTION OF THE LOWER they conduct their mission. Prohibiting rogue fore, require no enforcement of sanctions EAST SIDE TENEMENT MUSEUM regimes such as Iran from acquiring advanced against China. Instead, Secretary of State BILL conventional weapons must be a high foreign Madeleine Albright told a Senate Appropria- policy objective for the United States, to en- tions subcommittee in May 1997 that the ad- HON. NYDIA M. VELA´ ZQUEZ sure the safety of American Armed Forces in ministration has ``deep concerns'' about the OF NEW YORK the region. acquisition of cruise missiles by Iran and will IN THE HOUSE OF REPRESENTATIVES In 1996, the China National Precision Ma- continue to review this development. I find this chinery Import-Export Corp., a state-run enter- to be an unacceptable response. Thursday, July 17, 1997 prise, delivered 60 C±802 model cruise mis- While reasonable people can disagree over Ms. VELAÂ ZQUEZ. Mr. Speaker, my col- siles to Iran. These missiles are mounted on what constitutes destabilizing, there can be no leagues, today I introduced a bill that would patrol boats for use by the Iranian Revolution- argument that Iran has been engaged in a designate the Lower East Side Tenement Mu- ary Guard Navy. The China National Precision worrisome expansion of its conventional mili- seum an affiliate of the National Park Service, Machinery Import-Export Corp. markets the C± tary capability, especially its navy. Iran has The Tenement Museum is located at 97 Or- 802 in its sales brochure as a missile with threatened to use its military power to close chard Street in Manhattan's Lower East Side, mighty attack capability and great firepower for the Straits of Hormuz, disrupt international the heart of America's immigrant tradition. This use against escort vessels such as the U.S.S. shipping, and challenge American forces ac- building was erected in 1863 and, over the Stark. This is the same company that supplied tive in the gulf. The Tehran government views course of 69 years, served as the first Amer- missile technology to Pakistan, a transaction the United States military as an unwelcome ican home for thousands of immigrants from that led the United States Government to im- presence in the region. Our ships have had around the world. pose economic sanctions for violating United several close encounters with the Iranian navy Much of America's immigrant history begins States law and the international nonprolifera- in the past year. Fortunately these confronta- in New York. The museum on Ellis Island ex- tion guidelines. tions have remained small and contained. plains how families from around the world

∑ 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. E1446 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997 journeyed to and arrived in the United States. business manager, the two not only make performed at Red River Army Depot. Since While many newcomers set out to settle our great radio, but a great team as well. the Army definition of depot maintenance in- Nation's rural frontiers, many more became Now, as the world continues to move at cludes modification and conversions, any urban pioneersÐmen, women and children such a brisk pace, it is also refreshing to note modification and/or conversion of the Bradley who settled in the city. For this reason the that there are some folks content to do things should be performed at Red River Army next chapter of the immigrant tale, their lives the old-fashioned way. They don't need flashy Depot. Mr. Speaker, this is why we need this in America, deserves closer exploration and logos or slogans. They don't need absurd or legislation to clearly state what the Army can recognition. Thus, in seeking a home for this appalling subject matter. They simply need and cannot do and so it can follow its own story, the Museum sought the quintessential people like Don Earnhart and Walter Car- regulations. expression of urban, immigrant lifeÐthe tene- michael, people who care enough to care for Depots are a vital part of our Nation's mili- ment. others. How refreshing indeed. tary and are essential to our military readi- The Lower East Side Tenement Museum bill f ness. The Army currently has five mainte- recognizes the museum's efforts to preserve, nance depots, three of which are ground maintain, and interpret the themes of early DEPOT-LEVEL MAINTENANCE maintenance depots. More and more, each tenement life, the housing reform movement, ground maintenance depot is becoming in- and tenement architecture in the United HON. MAX SANDLIN creasingly specialized. Mr. Speaker, we need to make sure these States. Affiliate status would allow this private OF TEXAS depots operate efficiently, and that in a time of nonprofit museum to fully participate in the IN THE HOUSE OF REPRESENTATIVES programs and activities of the National Park need we have dependable sources of repair Thursday, July 17, 1997 Service while complimenting the Park Services for our military might. trinity of Ellis Island, Clinton Castle, and the Mr. SANDLIN. Mr. Speaker, I rise today to It is clear that in the post-cold-war era our Statute of Liberty at not cost to American tax- introduce legislation that clarifies the definition military readiness levels need to reflect the de- mise of the Warsaw Pact and other changes payers. of depot-level maintenance and repair as the My colleagues, this legislation enjoys wide definition applies to the Army. The definition of in the world. However, we need to fully assess bipartisan support among the New York State depot-level maintenance currently included in the impact that closure and realignment deci- sions made to date have had on our current delegation and is supported by the city and the Department of Defense authorization bill military readiness. To our knowledge, no re- State of New York, as well as civic leaders, should include conversions and modifications port or complete assessment has been pre- small business owners, organized labor, the and I ask your support for such a change. pared on how base closures, which are cur- Wall Street community, and the National Park. Section 333 of the Department of Defense rently being completed, have affected our mili- I urge all of you to support this national treas- authorization bill states: tary readiness. I believe that until such a re- ure. Depot level maintenance and repair means port can be reviewed, it is unwise to rec- f material maintenance or repair requiring the overhaul, upgrading, or rebuilding of ommend more base closures. TRIBUTE TO WJGA parts, assemblies, or subassemblies, and the The four previous rounds of the base re- testing and reclamation of equipment as nec- alignment and closure [BRAC] process have HON. MAC COLLINS essary, regardless of the source of funds for resulted in the closing of 97 defense installa- the maintenance or repair. tions in the United States. We are still unable OF GEORGIA to fully assess the actual savings, if any, gen- IN THE HOUSE OF REPRESENTATIVES I believe this definition is vague and unclear and could undermine current BRAC laws. Fur- erated from those base closures. For this rea- Thursday, July 17, 1997 ther, it could potentially be interpreted to son, we know that if there are any savings Mr. COLLINS. Mr. Speaker, I rise to recog- change long-existing Army definitions, and generated from further rounds of base clo- nize a small town, community-minded radio devastate attempts to gain more workload at sures, those savings will not be realized for station. Every morning in my hometown of certain depots. many years to come. Further, it is also nec- Jackson, GA, something happens that is as I cite an example of why this definition is essary to realize the amount of money spent anticipated as the sunrise. In fact, this daily rit- necessary. In 1995 Red River Army Depot in to close military facilities. By the year 2000, ual is shared by most of the residents of Jack- my district was realigned by the base realign- we will have spent approximately $23 billion in son, one which reflects the tightness of its ment and closure process. The BRAC law cleanup and other costs associated with the community bonds. Friendship like this can be stated: ``Move all maintenance missions ex- closure of military installations. found in all the facets of Jackson life, but es- cept for that related to the Bradley Fighting The Quadrennial Defense Review claimed pecially when citizens tune into local radio sta- Vehicle series to other depot maintenance ac- that in order to preserve combat capability and tion 92.1 FM, WJGA each day. tivities including the private sector . . .'', thus readiness, the services must compete, When the hands of local Georgians turn leaving all maintenance of the Bradley Fight- outsource, or privatize military department in- their radio dials to this station, the two men ing Vehicle at Red River Army Depot. frastructure functions that are closely related they hear in the morning don't echo the usual When I was elected to Congress, I sat down to commercial enterprises. The Secretary of shock-jock type material that has come to with the Army to discuss the situation at Red Defense recently stated that ``We need to de- characterize talk radio. Instead, audience River. The Army told me that Red River was regulate defense just as we have deregulated members are treated to the down-home kind- unable to perform conversions and modifica- many other American industries.'' However, ness of hosts Don Earnhart and Walter Car- tions of the Bradley Fighting Vehicle because our military is not just another American indus- michael. From these two, listeners are not conversions and modifications are not part of try. The civilian and military employees who only treated to the local news of Butts and depot maintenance. However, Army Regula- currently perform these functions are experi- Jasper counties, but also to the intangibles not tion 750±2 of Army Materiel Maintenance enced, dedicated, and well-skilled individuals measured by watt meters or ratings scales, Wholesale Operations defines depot mainte- on whom our Nation can depend in time of things like friendship and allegiance. nance as ``that maintenance performed on ma- war. The uncertainties we would face with an Earnhart recently explained, ``Our listeners teriel requiring major overhaul or a complete inexperienced, privatized work force, pressed get to know us.'' They do soon in much the rebuild of parts, assemblies, subassemblies, into service on short notice, could be a tre- same manner as two people sitting on a park and end items, including the manufacture of mendous detriment to our military readiness. bench talking about the day. Topics might parts, modifications and conversions, testing f concern the menu at a local cafe or the poli- and reclamation, as required. Depot mainte- AMERICAN HEROES tics of a balanced budget. With a format that nance serves to support lower categories of is comprised of completely live programming, maintenance by providing technical assistance these two wizards of the airwaves provide the and performing that maintenance beyond their HON. RON PACKARD OF CALIFORNIA one quality representative of friendship, per- responsibility. Depot maintenance provides IN THE HOUSE OF REPRESENTATIVES sonal attention. As Bill Osinski of the Atlanta stocks of serviceable equipment by using Journal and Constitution recently said of this more extensive facilities or repair than are Thursday, July 17, 1997 idea, ``A radio station that respects its listen- available in lower level maintenance activi- Mr. PACKARD. Mr. Speaker, I rise today in ersÐhow refreshing.'' His enthusiasm for work ties.'' (Emphasis Added.) recognition of two American heroesÐretired has not faded after all these years, and with Clearly the law states that depot mainte- Col. Mitchell Paige, of the U.S. Marines and his wife Susanne working as the station's nance of Bradley Fighting Vehicles is to be retired Col. Frederick T. Flo of the U.S. Army. July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1447 The veterans of America are the men and but we could not withstand Hurricane airline numbing pain they faced in the minutes and women deeply responsible for the great Nation tax. days after news of their loss reached them. In we live in. The bravery, honor and dignity in f the months that followed leading up to this an- which they bestowed their service in the hope niversary, some have thankfully found healing of preserving democracy puts all Americans HONORING ELIZABETH H. ‘‘BETTY’’ grace they need in the personal bonds forged forever in their debt. From the Revolutionary NORWORTH ON HER FIFTIETH with the other surviving families. ANNIVERSARY WITH THE FBI War to Desert Storm, our Nation has relied on We all grieve for their loss, but perhaps our soldiers to keep peace and promote free- what still weighs most heavily on our hearts is dom. HON. ED BRYANT that even after a year, there is still no clear I am privileged to honor two of these heroes OF TENNESSEE answer as to what caused TWA flight 800 to today before this Congress and the American IN THE HOUSE OF REPRESENTATIVES explode in mid-air over the Atlantic Ocean. people. Thursday, July 17, 1997 Since that fateful July evening, there have Today, Col. Mitchell Paige is retired in the been several studies conducted and rec- great State of California, but in October of Mr. BRYANT. Mr. Speaker, I would like to ommendations made about the ways we can 1942 he fought valiantly to stop the Japanese take the time to honor Mrs. Elizabeth H. make airline travel safer. Today, there is attacks on the Matanikau River during World Norworth, or ``Betty,'' as she is known by me something that we, as a compassionate Con- War II. Col. Paige was rewarded for his heroic and all of her friends. For the past 50 years gress, can do to spare the families any further action with the Medal of Honor. This Marine she has served as an asset to the FBI's Mem- pain. We can move quickly to approve the bill was acknowledged in several papers as single phis office. offered by our esteemed colleague from Penn- handedly securing the perimeter and preserv- Betty began her service with the FBI on sylvania, Mr. MCDADE, a bill that corrects an September 8, 1947 as a stenographer in ing the lives of many Americans. egregious injustice that prevents the survivors Col. Frederick Flo is also an American Memphis, where she earned a $2,168.28 per of this or any plane crash over international champion. In World War II he was deployed year salary. In 1951, she was promoted to waters to seek compensation for the pain, suf- with the Army to the front lines. Colonel Flo stenographic supervisor. That same year, she fering and loss of a loved one, as the family volunteered to lead a patrol on a 125-mile re- married Ned Norworth, who remains her hus- of other airline disasters may do. This is a connaissance behind Japanese lines with only band. Her steadfast dedication and perform- simple matter of fairness and small measure 13 men in his company. His successful mis- ance led to a series of promotions including of justice that we can provide, in the memory sion provided important information for his su- the position of secretary for the special agent of those who died aboard TWA flight 800. perior, General Vandergift, that may well have in charge, a job she has masterfully handled saved the lives of many Americans. since 1960. Through the last 16 special Though the headlines tell us that 230 Mr. Speaker, on behalf of the American agents in charge and the past 37 years, she human beings lost their lives in this crash, people and this Congress, I would like to for- has perfected her position and learned just they are more than just numbers. Each one of mally congratulate these two men. They are about everything that there is to know about those 230 were someone's son or daughter, genuine American heroes and deserve our the FBI. According to John Hancock, the cur- wife or husband, brother, sister, and friend. recognition and faithful appreciation. I am hon- rent special agent in charge of the FBI's Mem- And each of those abroad TWA flight 800 has ored to have had the opportunity to recognize phis office, Betty has basically been the sole a story. I would like to tell you about a few of these two patriots today. trainer of all of the last 16 special agents in my Long Island neighbors who perished f charge of the FBI's Memphis office. One of abroad TWA flight 800. Such as Eric and Virginia Holst, of ‘‘REVERSE ROBIN HOOD BILL’’ those she trained and worked under was Clar- ence M. Kelly, the former Director of the FBI. Manorville. Just a few days away from their Mr. Speaker, I know Betty. We worked in own sixth wedding anniversary they were on HON. DONNA M. CHRISTIAN-GREEN the same office building when I was U.S. at- their way to Eric's brother Troy's Paris wed- OF THE VIRGIN ISLANDS torney, so I know how dedicated she has been ding. Eric was a dentist with a practice in the IN THE HOUSE OF REPRESENTATIVES and continues to be and what an asset she is, town of Center Moriches, just a few miles from Thursday, July 17, 1997 not only to the FBI, but to this great Nation. I the crash site. With special talent for easing Ms. CHRISTIAN-GREEN. Mr. Speaker and am proud to recognize her here today. the anxiety of a child's first trip to the dentist, my colleagues, the Republican tax bill can f Eric Holst decorated his office with the cards only be viewed as a ``reverse Robin Hood'' and greetings from his youngest patients, who THE EXPLOSION OF TWA FLIGHT bill, because it would hurt hard-working fami- adoring called him ``Dr. Eric.'' His parents, 800; REMEMBERING THE VICTIMS lies, aspiring students, and the people of the John and Joan Holst live in nearly St. James. AND FAMILY, PAYING TRIBUTE territories of the United States. Virginia Holst was a partner with her moth- TO OUR COURAGEOUS AND CAR- Why is it that the deficit must only be re- er, Luz Mari Pelaez, in a skin-care and nutri- ING VOLUNTEERS ON LONG IS- duced on the backs of those of us who are tional products business that she operated out LAND struggling everyday to survive, while those of her home. After having already bravely who could best afford to contribute more not overcome thyroid cancer, Virginia, in the only get away scot-free, but actually get more. HON. MICHAEL P. FORBES words of her mother,``got so strong, so full of Mr. Speaker, the people whom I'm privi- OF NEW YORK energy and life, it was amazing. She had leged to represent are among the 15 million IN THE HOUSE OF REPRESENTATIVES fought that war, and she won.'' who are cut out of the Republican led tax bill. Thursday, July 17, 1997 Or the story of Beverly and Tracy Anne Then, as if to add insult to injury, the tax bill Mr. FORBES. Mr. Speaker, I rise today to Hammer. Having just recently passed her further threatens to kill my district's struggling stockbroker's exam, Beverly overcame her tourism industry which provides our economic ask my colleagues in the U.S. House of Rep- resentatives to join me in prayerful remem- fear of flying to join her daughter Tracy Anne base and on which many Virgin Islanders and in Paris, where the veterinary student was to residents of other territories depend for a liveli- brance of the 230 people who lost their lives when TWA flight 800 crashed off the south deliver a research paper. Richard Hammer did hood. not join his wife and daughter so that they On behalf of the people of the Virgin Islands shore of Long Island, near the small town of could spend time together on a once-in-a-life- and the majority of Americans, I plead with the East Moriches, 1 year ago today. time vacation in Europe. Today, he lives in conference committee, to uphold the commit- I also ask that all Americans join us as we East Hampton, Long Island. ment of the budget agreement, to reject the pray for the families and friends of the pas- tax on the domestic portion of international sengers and crew members who perished in At age 37, Donna Griffith had just begun a flights, and freeze the departure tax for the the crash, that they might gain some measure new life for herself. The Westhampton Beach smaller members of the American family at the of solace and understanding about their pro- native decided to celebrate her recent college present level so that we can continue to be a found and so very public loss. graduation by taking her first trip to Europe. refuge for many of those same hard-working In one tragic moment on an otherwise ordi- The Brooklyn resident was to start classes at Americans who visit us for a well-deserved va- nary summer evening, the lives of the surviv- New York University's graduate school after cation. ing families and friends were plunged into a her return. My colleagues, the people of the Virgin Is- tumult of grief and confusion. We cannot Rico Puhlmann was an internationally re- lands survived Hurricanes Hugo and Marilyn, imagine the soul-wrenching heartache and nowned fashion photographer who split his E1448 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997 time between the bright lights of Manhattan unteers can be found, comforting the stricken At Soldiers and Sailors Park in East and the quiet countryside of Water Mill, Long while giving aid to the rescuers. From the Moriches, more than 400 people gathered to Island. A child film star in his native Germany, early moments of this tragedy, Red Cross vol- pay their final respects to those 230 pas- his oeuvre included 125 cover photographs for unteers from across the New York metropoli- sengers and crew members, including their Harper's Bazaar and countless other covers tan region were on the scene, delivering food neighbors Eric and Virginia Holst. The feelings for Gentlemen's Quarterly, Glamour, and and drink, medical care, cots, blankets, and of grief and loss were palpable among the Vogue. tents. In the first week after the crash, the Red mourners, but as Rev. James McDonald, who In these tragic moments that TWA Flight Cross served more than 19,000 meals to married Eric and Virginia 6 years ago, ex- 800 fell out of the sky, the communities of emergency workers, the media and others at plained, despair will not vanquish their faith East Moriches and Montoursville, PA were in- the scene. Throughout this ordeal, these Red and love. As Reverend McDonald said: ``Noth- extricably linked. Aboard the flight were 16 Cross volunteers showed once again why they ing can separate us from the life of Christ, not high school students and five adult chaperons are truly angels of mercy. even a broken heart. Are we hurting? Yes. from the French club at Montoursville High Red Cross grief counselors comforted the Broken? Yes. Destroyed? Never.'' School. Just minutes earlier, the students had victim's family dealing with the sudden, tragic At JFK, more than 2,000 mourners, many of embarked on the trip of their young lives as loss of a loved one. They arranged to have them family and friends awaiting news of they headed off to Paris to test their hard- needed prescriptions delivered to where the loved ones, gathered in a sad, gray airplane earned mastery of the French language and families stayed, brought coloring books and hangar to say their goodbyes. One by one, the taste the rich French culture. Sadly, for the games for the children and even provided names of the 230 dead were read aloud as parents, family, and friends who said goodbye notebooks for family members who wanted to family and friends reached out to console to them just a few minutes earlier, they never express their feelings by keeping a journal. each other in French, Hebrew, Italian, and returned. Volunteers also traveled with the families as English. As Rabbi Joseph Potasnik of the New Though we can never forget those we lost they attended memorial services at Suffolk York Board of Rabbis so eloquently put it: aboard TWA flight 800, we can be proud of County's Smith Point Park and at JFK Airport. ``We may be of different bodies, but in this the many shining examples of humanity There are so many others who deserve rec- community today, we are of one soul.'' amidst this calamitous occurrence. The many ognition for their tireless efforts in response to Mr. Speaker, as we stand here today a full local efforts on behalf of the search and res- this tragic event. They include the New York year later, let us keep in our prayers the 230 cue mission demonstrated to the entire world City and State Police departments, Red Cross lives that were lost on July 17, 1996. Just as how Long Islanders respond in difficult times. volunteers from throughout the New York importantly, let us remember the family, It's sad that it takes these tragic events for metro region, the Suffolk County medicial ex- friends, and spouses that were left behind to use to see how selfless and enduring the aminers office, the Brookhaven Ambulance cope with this senseless tragedy. May God human spirit can be. Corps, and many local churches and organiza- bless every one of them. tions, too numerous to mention. From the moment the first calls came in f from South Shore residents who witnessed the The tremendous outpouring of love and sup- fiery explosion, hundreds of emergency serv- port these great Americans showed in this JUVENILE CRIME CONTROL AND desperate time of need provide us with one of ice workers, Suffolk County police officers, DELINQUENCY PREVENTION ACT the few measures of solace that we can take firefighters, ambulance workers, Coast Guard OF 1997 from this tragedy. All of us on Long Island personnel and units from the 106th New York should take special pride in the efforts shown SPEECH OF Air National Guard unit in Westhampton by our local disaster officials and emergency Beach rushed to the scene in East Moriches, personnel and the hundreds who volunteered HON. LOUIS STOKES in a desperate search for survivors. Sadly, their time to help find survivors and collect de- OF OHIO there were none. bris. Though our hearts break with the sorrow IN THE HOUSE OF REPRESENTATIVES Once the place crash had been confirmed, we feel for the victims and their grieving loved Tuesday, July 15, 1997 Suffolk County officials immediately went to a ones, we can be proud of these wonderful dis- level two alert, notifying hospitals and public Mr. STOKES. Mr. Speaker, I rise to express plays of humanity. my support for H.R. 1818, the Juvenile Crime safety agencies. In the course of responding All of those emergency workers and caring Control and Delinquency Prevention Act. This to the crash, Suffolk County and the towns of volunteers responded to this tragedy in dif- important bipartisan effort would reauthorize Brookhaven and Southampton incurred nearly ferent ways, each with something special to the Juvenile Justice Delinquency and Preven- $6 million in equipment and overtime ex- offer. Some came to aid the recovery of vic- tion Act of 1974 [Public Law 93±415]. H.R. penses. Though these huge costs drained the tims or gather pieces of the wreckage, while 1818 represents a balanced approach to re- small budgets of these local governments, others came to support those rescue workers ducing juvenile crime. County Executive Robert Gaffney and Town with food and equipment. At the Coast Guard The prevalence of violent crime among our Supervisors Felix Grucci and Vincent station, mental health professionals provided Nation's youth is entirely too high. According Cannuscio never hesitated to commit their offi- around the clock trauma counseling to help to the Annie E. Casey Foundation, young peo- cial resources to the rescue and recovery ef- the crash-site personnel cope with the difficult ple are committing violent crimes at a rate fort. task of recovering victims from the wreckage. We can be most proud of the hundreds of So many wanted to come to the scene in similar to 10 years agoÐhowever, the vio- volunteers of all stripes who left their homes in East Moriches and offer their help. But the lence has intensified and is causing more the dark of night to lend a hand to the effort. only thing for them to do was to pray for the deaths. In fact, between 1991 and 1995, the They included ambulance companies from 15 victims and their grieving loved ones. Ulti- number of juveniles arrested for violent crimes communities, volunteer firefighters from a mately, prayer was the most important thing increased by 12 percent, yet violent crime ar- dozen fire departments and even local resi- they could offer. Gathering at several memo- rests for all ages increased by 2.5 percent. dents in their own pleasure boats who pitched rial services, our friends and neighbors on And, between 1985 and 1994, the number of in to assist the fruitless search for survivors Long Island came to pray for those 230 vic- juveniles arrested for weapon violations, spe- and recovery of plane parts. tims and for their loved ones, who desperately cifically related to increases in firearm usage I would also like to give notice to the men needed time and God's healing power to over- in violent crimes, rose by 113 percent. Equally and women of the Coast Guard Group come their deep sorrow and devastating loss. disturbing is the fact while African-Americans Moriches, at East Moriches. Led by Comdr. The first memorial service was held in represent 12 percent of the United States' Elmo Peters, these Coast Guard personnel Montoursville just after the crash, as the citi- population, African-American youth are nearly performed with the utmost professionalism and zens of this small Pennsylvania town said 28 percent of all juvenile arrests. courage in handling the extensive search and goodbye to their sons and daughters, their Mr. Speaker, H.R. 1818 focuses in reducing rescue operations, and they deserve our classmates, friends, and neighbors. the number of children and youth who commit thanks and prayers as well. Incredibly, just a The Sunday following the crash, there were criminal acts of violence. As such, it ensures few months earlier there was a proposal to simultaneous memorial services held in East that juvenile crime prevention efforts are tar- eliminate the Coast Guard Rescue Unit at Moriches and at John F. Kennedy Airport in geted at communities experiencing a dis- East Moriches, a plan that thankfully was Queens, along with the thousands of people proportionate representation of minorities in never approved. across the country who gathered in their own the juvenile justice system. It is well docu- As we have come to expect when calamity houses of worship to remember those who mented that programs that provide: Treatment strikes any corner of the world, Red Cross vol- died in the sudden, furious explosion. to victims of child abuse or neglect, mentoring, July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1449 peer counseling and teaching, job training and Schweizer, Stephen and Catherine Simpson, terned, she contracted malaria and hepatitis. employment, and other such services are an Michael and Laura Sims, Cheryl Stone, Doug- Unfortunately, because these diseases were essential investment in the effort to prevent ju- las and Susanna Stroud, James and Louise not treated at the time, Dr. Rosensaft now suf- venile delinquency. Sweeney, Robert and Denise Thompson, Jr., fers from severe cirrhosis of the liver. Although Mr. Speaker, I urge my colleagues to vote Michael and Anne Tizio, Edward and Judith several medical experts support her claim that in favor of the Juvenile Crime Control and De- Wagner, Joseph and Barbara Wells, Craig and the condition stems from her imprisonment in linquency Prevention Act. Vote ``yes'' for H.R. Barbara Yeske, Anthony and Anita Zak, Rod- Nazi Germany, the German Government says 1818. ney and Linda Bialko, and Grianna and Don- she cannot sufficiently prove that her condition f ald Wynne. is a direct consequence. The 61 young people from Northern Ireland Dr. Rosensaft is fortunate to be able to af- IN HONOR OF THE SPONSORS OF who we have been fortunate enough to visit ford her needed medical care with the help of PROJECT CHILDREN ’97: LOCAL New Jersey are: David Sterrett, John her family. But her story is somewhat unique. MESSENGERS OF PEACE McIlveen, Alannah Massey, Gerald O'Reilly, Many other victims of Nazi horrors have been Lesley Black, Steven Orr, Paul Mahony, Ryan deemed wholly ineligible for reparations, and HON. ROBERT MENENDEZ Corbett, Kevin Nellins, Elaine Coyle, Charlene cannot rely on their families to help support OF NEW JERSEY McWilliams, Lindsey Todd, Eilish Bradley, Jo- them. These include, people who were in IN THE HOUSE OF REPRESENTATIVES seph McGovern, Claire McKinley, Joseph forced-labor camps; people who were confined Thursday, July 17, 1997 Doak, Eva Taggart Laura Cairns, Linzi Gra- to areas not recognized by Germany as ghet- ham, Joseph Gillen, Seamus Nellins, Michael tos; people who hid under false names; and Mr. MENENDEZ. Mr. Speaker, I rise today Duffy, Catriona McCann, Ita Monaghan, Daniel people who were in a concentration camp for to pay tribute to a unique group of people, the Lynch, Christine Brown, Aislinn Devlin, Steph- fewer than 6 months. In fact, even if someone sponsors of Project Children '97 who have dis- anie Rae, Aine Hargey, Natalia McKeown, was interned in two separate camps for 3 and tinguished themselves with unwavering dedi- Aisling Burns, Seadhna Billings, Dermot 4 months each, that person may not qualify. In cation to the promotion of peace in Northern Hartigan, Nicola Catney, Leigh Martin, Mary many cases, it is impossible for Holocaust sur- Ireland. Through their generous spirit of com- Louise Heatley, Clara Mulvenna, Danielle vivors to prove the circumstances under which passion, the Project Children '97 sponsors ex- Gorman, Brenda Austin, Barry Dobbin, David they acted during the Holocaust. I believe it is emplify the best that we as Americans have to Goodall, Laura Baird, Paul Willis, Catherine unjust to ask elderly peopleÐwith permanent offer: reverence for the rights and freedom of Crawford, Sara Doherty, Kerry-Marie injuries, who suffered enormous emotional the individual citizens. For 22 years caring McCaugherty, Jennifer Dixon, Nicola McCabe, traumaÐto document their life half a century American families have welcomed children Kenneth Murphy, Marie Martin, Darren Dia- ago. from Northern Ireland into their homes and mond, David Diamond, Stephen Coyle, Robert Many Holocaust survivors who were fortu- hearts for 6 weeks during what is traditionally O'Neill, James Moran, Elaine Murray, Mar- nate enough to avoid death camps during the most violent time of year in the children's garet White, Mary Deery, Natasha McConnell, World War II were forced into hiding. A sec- homeland. Michelle Donnelly, and Collette McTernan. ond reparations' provision states that if you One year ago, the children who came to It is an honor to recognize the exceptional were forced into hiding, you are eligible for visit us from Northern Ireland faced an uncer- compassion of Project Children '97's spon- reparations only if you hid for 18 months, and tain future. The cherished cease-fire, in effect sors. I hope that word of their steps toward only if you can document and support your for 18 months, had been shattered by a new peace will spread throughout Northern Ireland claim. round of violence. Though the past year has and the world. These exemplary individuals Learning about these onerous restrictions seen a continuation of the troubles, British are truly local messengers of lasting peace. and the ongoing denial of Holocaust survivors' Prime Minister Tony Blair's inclusion of Sinn f claims led me to introduce legislation in the Fein in peace talks, along with the cancellation 104th Congress calling on the German Gov- of four of Northern Ireland's Orange Order pa- INTRODUCTION OF HOUSE CON- ernment to expand and simplify its reparations' rades are hopeful signs that we will soon see CURRENT RESOLUTION 112 IN system. I am encouraged by recent reports by a return to a lasting ceasefire. This makes the SUPPORT OF HOLOCAUST SURVI- the World Jewish Congress that the German time shared by the 56 families and 61 children VORS ON JULY 9, 1997 Government has announced its willingness to participating in Project Children '97 even more reopen negotiations. This is a very encourag- valuable. HON. CAROLYN B. MALONEY ing step in the fight for justice for Holocaust This year, the 56 families from my home OF NEW YORK survivors. But it is only a beginning. State of New Jersey who have been so gener- IN THE HOUSE OF REPRESENTATIVES I am also concerned about the so-called ous as to open their homes and their lives to double victims, who are now living in the these young people include: Kourosh and Thursday, July 17, 1997 former Communist States of Eastern and Rosemary Akhavan, Len and Kathy Ancuta, Mrs. MALONEY of New York. Mr. Speaker, Central Europe. For years as the reparations' Sean and Beatris Ashe, Garry and Janet I rise today to call attention to the plight of system was developed, these double victims Baker, Gary and Linda Bardzell, Charles and Holocaust survivors around the world. More did not have access to the system, and have June Bray, Michael and Elizabeth Cancian, than 50 years ago, we witnessed one of the been victimized twice by being denied access Kevin and Patricia Comer, Robert and Barbara most tragic episodes in the history of man's in- to reparations' today. Many of these people Comito, James and Patti Cunningham, Philip humanity to manÐthe slaughter of 6 million were in hiding. Many used false names to es- and Kathleen DiCicco, Donald and Irene Jews and millions of others in Eastern and cape from the Nazis. Today, in order to qualify Diverio, Robert And Brianna Donohue, Al and Central Europe during World War II. Some for reparations under the current system, sur- Ellen Dorso, Peter and Robin DuHaine, Brent were able to hide or escape death, many with vivors must provide proof of what they did and and Lauren Elliot, Rick and Arlene Faustini, lingering memories and medical conditions how they escaped. Many are still living in this Raymond and Rosemary Ferraro, Robert and that will be with them for life. part of the world and many are suffering from Elizabeth Gamble, Margaret Gilsenan, Michael There are currently more than 125,000 Hol- severe medical ailments. Although some have and Pat Goodwin, William and Margaret ocaust survivors living in the United States received a token amount of reparations, tens Giaimo/Terry, Edward and Patricia and approximately 500,000 living around the of thousands of Holocaust survivors in Eastern Grzybowski, George and Margaret Hughes, world. It is these survivors who in many cases and Central Europe have never received any Edwin and Patricia Jankowski, Nicholas and are still struggling to live out their remaining reparations. Patricia Kaminsky, Keith and Karen Kirby, years with dignity. Many of them live in my I am pleased to introduce House Concurrent Robert And Donna Lee, Michael and Kathleen district and have contacted me for help after Resolution 112, a resolution calling on the McBride, John and Louise McGlinchey, Brian being denied assistance from the current rep- German Government to expand and simplify and Lori McGorty, Robert and Dyan Moore, arations' system set up to help Holocaust sur- its reparations system, provide reparations to Robert and Carole Nyman, Sean and Anne vivors. Holocaust survivors in Eastern and Central O'Neill, Kevin and Susan O'Shea, David and Let me tell you about one of my constitu- Europe, and set up a fund to help cover the Cathleen Quinn, Stephen and Jean Revis, ents, a Holocaust survivor currently living in medical expenses of Holocaust survivors. I am John and Lori Rose, James and Mary Ellen New York City. Dr. Hadassah Bimko pleased to introduce this resolution with the Ruitenberg, Paul and Candace Ruitenberg III, Rosensaft survived concentration camps at support of International Relations Committee Donald and Patricia Ryerson, Guy and Patti both Auschwitz and Bergen-Belsen. While in- Chairman BENJAMIN GILMAN and committee E1450 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997 members ROBERT WEXLER of Florida, ILEANA survivors, many are excluded from repara- Argentina, took 86 lives, and wounded more ROS-LEHTINEN of Florida, and SAM GEJDENSON tions because of the onerous eligibility re- than 300 innocents. It has badly shaken the quirements imposed by the German govern- of Connecticut, along with Congressman MAR- confidence of the largest Jewish community in ment; TIN FROST of Texas. Whereas the German government routinely Latin America on the critical issue of their very To add insult to injury, recent news reports rejects survivors’ claims on the ground that safety and security. have uncovered that former members of the the survivor did not present the claim cor- It is essential for the Argentine authorities, Nazi army, including non-German members of rectly or in a timely fashion, that the survi- the U.S. Government, and the world commu- the SS, often receive far more generous pen- vor cannot demonstrate to the Government’s nity to do all we can both individually and col- sions than do the victims they persecuted. satisfaction that a particular illness or med- lectively to bring to justice those who under- ical condition is the direct consequence of Some of the people who receive German vet- took this deadly and cowardly terrorist act. eran pensions are known killers or were per- persecution in a Nazi-created ghetto or con- sonally responsible in acts of genocide. Mean- centration camp, or that the German au- Hizballah, with its known links to Iran, and while, Holocaust survivors, many of whom are thorities do not consider the survivor is not which our Government and others have indi- considered sufficiently destitute; cated were responsible for this AMIA attack, is unable to afford the medical care they des- Whereas tens of thousands of Holocaust perately need, must battle onerous restrictions now clearly operating in our own hemisphere. survivors in the former Soviet Union and We are all at risk. We must all work to insure and regulations in order to receive their mea- other formerly Communist countries in ger benefits. Eastern and Central Europe have never re- that those responsible for this terrorist act are One example is the case of Wolfgang ceived reparations from Germany and a brought to justice and that the message is Lehnigk-Emden. This former Nazi guard mur- smaller number has received a token clearly sent that terrorism, no matter where or dered 15 women and children in Italy in 1943. amount; why, will not go unpunished by civilized soci- Because he was later shot in the leg and suf- Whereas after more than 50 years, hun- ety. dreds of thousands of Holocaust survivors fers a mild disability, he now receives a gener- continue to be denied justice and compensa- Our International Relations Committee staff ous pensionÐa pension three times what is tion from the German government; have visited Argentina in an effort to see what given to Holocaust survivorsÐbecause he is Whereas the German government is paying more the United States can do to help solve considered a war victim. This is but one exam- generous disability pensions to veterans of this terrorist bombing. Based on our staff in- ple of Germany's hypocrisy. Another example the Nazi armed forces, including non-German quiry, the committee asked that the State De- is the story of former SS Guard Wilhelm veterans of the Waffen-SS. partment, which runs a very effective inter- Mohnke. Whereas in 1996, the German government national terrorist rewards program, have its ex- According to the Department of Justice, Mr. paid $7.7 billion in such pensions to 1.1 mil- lion veterans, including 3,000 veterans and perts visit Argentina and offer assistance. We Mohnke was personally involved in the mas- their dependents now living in the United now have offered to help the Argentine au- sacre of 72 American POW's in 1944. Due to States; thorities develop a meaningful and effective injuries he later sustained, the German Gov- Whereas such pensions are a veteran’s ben- publicity program for their own already an- ernment gives Wilhelm Mohnke a war victim's efit provided over and above the full health nounced terrorist reward for help in solving pension equivalent to $560 per month. coverage that all German citizens, including this deadly AMIA attack. Many people have been instrumental in the veterans of the Waffen-SS, receive from their government; and We anxiously await the further publication fight for justice for all Holocaust survivors and distribution of additional material and ef- around the world. Menachem Rosensaft, Whereas it is abhorrent that Holocaust survivors should live out their remaining forts by Argentina to publicize the reward on Founding Chairman of the International Net- years in conditions worse than those enjoyed the AMIA attack. As we know, our own reward work of Children of Jewish Holocaust Survi- by the surviving former Nazis who per- efforts along these lines have played a critical vors and its president Rositta Ehrlich secuted them; role in solving or bringing to justice individuals Kenigsberg have worked tirelessly on their Therefore be it resolved that it is the sense from around the globe involved in international of the Congress that: crusade for survivors' rights. Benjamin Meed, terrorist attacks directed at the United States. president of the American Gathering of Jewish The German government should expand Holocaust Survivors has also worked tirelessly and simplify its system of reparations so that all survivors of the Holocaust can re- f on behalf of Holocaust survivors worldwide. I ceive reparations, regardless of their nation- am forever indebted to each of them for their ality, length or place of internment, or their COMMEMORATING THE BIRTH OF hard work. current financial situation; MEGAN ILYSSA LEON Mr. Speaker, Holocaust survivors are an The German government should provide aging, finite population, who are not asking for reparations to Holocaust survivors in the much. I believe that these survivors deserve former Soviet Union and other former Com- HON. JOSEPH P. KENNEDY II munist countries in Eastern and Central Eu- sufficient reparations to ensure that no Holo- OF MASSACHUSETTS caust survivors are forced to live in conditions rope; The German government should fulfill its IN THE HOUSE OF REPRESENTATIVES worse than those generally enjoyed by the responsibilities to victims of the Holocaust surviving former Nazis who persecuted them. and immediately set up a comprehensive Thursday, July 17, 1997 TEXT OF HOUSE CONCURRENT RESOLUTION 112, medical fund to cover medical expenses of Mr. KENNEDY of Massachusetts. Mr. INTRODUCED BY REPRESENTATIVE CAROLYN Holocaust survivors worldwide; and B. MALONEY The German government should help re- Speaker, I rise to congratulate the Leon family A concurrent resolution expressing the store the dignity of Holocaust survivors by on the birth of their daughter, Megan Ilyssa. sense of the Congress that the German Gov- paying them sufficient reparations to ensure She was born July 10, weighing 8 pounds 10 ernment should expand and simplify its rep- that no Holocaust survivor be forced by pov- ounces. I am sure that Megan's parents and arations system, provide reparations to Hol- erty to live in conditions worse than those grandparents are excited to see that she is a ocaust survivors in Eastern and Central Eu- enjoyed by the surviving former Nazis who healthy, happy child. rope, and set up a fund to help cover the persecuted them. Megan's family has been in Massachusetts medical expenses of Holocaust survivors f Whereas the annihilation of six million Eu- for more than a century now and were often ropean Jews during the Holocaust and the AMIA TERRORIST BOMBING involved in the world of politics. Her great, murder of millions of others by the Nazi Ger- ANNIVERSARY great, great grandfather, John Joseph Tobin, man state constituted one of the most tragic was one of the first Irishmen ever elected to episodes in the history of man’s inhumanity the Boston City Council. Megan's great grand- to man; HON. BENJAMIN A. GILMAN father, John Michael Downing, served as the Whereas there are more than 125,000 Holo- OF NEW YORK court officer of the Massachusetts State Sen- caust survivors living in the United States IN THE HOUSE OF REPRESENTATIVES and approximately 500,000 living around the ate for many years. Her grandmother, Kath- world; Thursday, July 17, 1997 leen Patricia Leon, was appointed to the Mas- Whereas aging Holocaust survivors Mr. GILMAN. Mr. Speaker, this week is the sachusetts Equal Educational Opportunity throughout the world are still suffering from third anniversary of the terrible destructive Commission by Gov. Michael Dukakis. permanent injuries suffered at the hands of the Nazis and many are unable to afford AMIA terrorist bombing of the Jewish commu- I offer my warmest wishes to Megan for a critically needed medical care; nity center in Buenos Aires, Argentina. This happy and healthy life. And, I look forward to Whereas while the German government has deadly international terrorist attack, directed at one day seeing her involved in our Nation's attempted to address the needs of Holocaust the very heart of the Jewish center of life in political process. July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1451 TRIBUTE TO THE 7TH GREAT DO- in which it dealt with employees. When em- Is there anyone who still thinks this is just MINICAN PARADE AND CAR- ployees of the hospital speak about John, they about campaign finance reform? We read in NIVAL OF THE BRONX often use the words kind, compassionate, and today's Washington Post column of Robert D. open. He has developed a feeling of fellow- Novak the headline ``Was John Huang De- HON. JOSE´ E. SERRANO ship and community within the hospital, with briefed?'' Was he, indeed? I raised this ques- OF NEW YORK the staff describing John and other members tion quite some time ago with Commerce Sec- IN THE HOUSE OF REPRESENTATIVES as family. retary Daley and was met with the delays and As John moves on to a time in his life Thursday, July 17, 1997 stonewalling that have characterized this ad- where he can devote himself to his other great ministration. What else are we to conclude, Mr. SERRANO. Mr. Speaker, it is an honor passions: family, grandchildren, flying, and but that at the very least when it comes to Mr. for me to recognize the Great Dominican Pa- golf, I congratulate him on 32 years of unwav- Huang and security matters this administration rade and Carnival of the Bronx on its seventh ering service and dedication to Frankford Hos- has something to hide. year of celebrating Dominican culture in my pital and the people of Philadelphia. John is a I place the Novak column in today's South Bronx congressional district. model of perseverance and true dedication. RECORD. Under its founder and president Felipe He has taken the lead without apprehension, [From the Washington Post, July 17, 1997] Febles, the parade has grown in size and and challenged the status quo. With great re- WAS JOHN HUANG DEBRIEFED? splendor. It now brings together an increasing spect, I wish to honor and applaud my friend number of participants from all five New York and colleague. May he have continued suc- (By Robert D. Novak) City boroughs and beyond. cess. A previously missing government form that should have indicated whether John On Sunday, thousands of members and f friends of the Dominican community will march Huang was debriefed by a security officer be- fore he left the Commerce Department two along the grand concourse in honor of Juan IN HONOR OF BILL COBANE: AN EXEMPLARY INDIVIDUAL; A years ago turned up last Friday. But the Pablo Duarte, the father of the independence place where the now infamous Democratic of the Dominican Republic. DEDICATED PUBLIC SERVANT fund-raiser was supposed to have signed is The event will feature a wide variety of en- blank. tertainment for all age groups. This year's fes- HON. ROBERT MENENDEZ Any government official with top-secret tival includes the performance of Merengue OF NEW JERSEY access—Deputy Assistant Secretary of Com- and Salsa bands, crafts exhibitions, and food IN THE HOUSE OF REPRESENTATIVES merce Huang included—must attest to the return of all classified information when de- typical of the Dominican Republic. Thursday, July 17, 1997 In addition to the parade, President Febles briefed as he leaves the government. But Mr. MENENDEZ. Mr. Speaker, I rise today Huang’s unsigned debriefing document un- and many organizers have provided the com- to pay tribute to William Cobane, a special derlines questions about what he did with munity with nearly 2 weeks of activities to gentleman who has distinguished himself government secrets and how well they were commemorate the contributions of the Domini- through his outstanding dedication to my dis- protected. can community, its culture, and history. Complete answers can come only from in- Mr. Speaker, it is with enthusiasm that I ask trict. He served as an intern in my office, and vestigators with subpoena powers. Contrary excelled to become a congressional staff my colleagues to join me in paying tribute to to the White House mantra, current Senate member who served my constituents earnestly this wonderful celebration of Dominican cul- hearings concern much more than campaign and without desire of reward. In recognition of finance reform—such as Huang’s security ture, which has brought much pride to the his dedicated service, I would like to honor Mr. clearance, dubious on its face. Immediately Bronx community. Cobane for his exceptional voluntary service following CIA briefings, Huang would regu- f and efforts on behalf of the Sixth Annual larly contact the Chinese Embassy. Yet, Project Children Luncheon on July 21, 1997 at even after resigning from the government TRIBUTE TO JOHN NEFF and going to the Democratic National Com- O'Donoghue's Pub in Hoboken, NJ. mittee (DNC), he received another security Tradition and excellence are key words de- HON. ROBERT A. BORSKI clearance. The CIA, which had given him scribing this truly dedicated citizen. Mr. OF PENNSYLVANIA documents, was not alerted to Huang’s Cobane has worked extensively on the Project IN THE HOUSE OF REPRESENTATIVES change of status. Children benefitÐan organization committed Under the Freedom of Information Act, the Thursday, July 17, 1997 to promoting peace in Northern Ireland. This conservative weekly Human Events several Mr. BORSKI. Mr. Speaker, I rise today in organization annually brings children from weeks ago obtained from the Commerce De- honor of my friend and associate, Mr. John Northern Ireland to spend part of their summer partment Huang’s ‘‘Separation Clearance Neff. I would like to acknowledge John on his in America with host families. Driven by his Certificate,’’ noting that his ‘‘effective date Irish roots, Bill Cobane works to make sure of separation’’ was Jan. 17, 1995 (though he retirement after 32 years of dedicated service actually went to the DNC in December). to Frankford Hospital John has truly reshaped these children have the wonderful opportunity Commerce officials signed the document on the hospital, and moved it to the forefront of to experience and enjoy this time in America, Jan. 22, noting Huang’s return of government modern health care. and away from the violence in their homeland. charge cards, his parking permit and his dip- When John first came to Frankford Hospital His hard work and commitment to the event lomatic passport. ‘‘Security debriefing and in 1965, it consisted of a single, extremely out- has benefited the lives of many young children credentials’’ was noted and signed by a Com- dated facility. As he retires, we can see the from Northern Ireland. He has dedicated much merce Department security officer named transformation that he has created. Thirty-two of his time and efforts toward the success of Robert W. Mack. At that debriefing, Huang should have years later, the hospital is a contemporary this special event. Mr. Cobane's work and dedication are an signed a Standard Form 312 acknowledging health system, with five state-of-the-art facili- return of classified material. But an official ties. Throughout his tenure, John focused on example of his loyal and committed service to Commerce spokesman told Human Events using change as a catalyst to see the hos- others. His volunteerism demonstrates his editor Terrence Jeffrey two weeks ago: ‘‘The pital's objective of service come to fruition. dedication to his community and his stature as recollection of our security personnel is that With his fingers on the pulse of innovation, he a model citizen. His service to my district will he [Huang] was debriefed but that a Stand- is leaving Frankford Hospital poised to meet always stand as a shining example for others. ard Form 312 has not been located.’’ I am proud to have such a caring individual What’s more, there are indications it was the demands of a new era in health care. never given to congressional investigating John has always agreed with me that the work on the Project Children Luncheon. f committees. On July 3, Rep. Jerry Solomon needs of seniors in Philadelphia are of utmost (R–N.Y.), chairman of the House Rules Com- importance, and has continued to work to pro- WAS JOHN HUANG DEBRIEFED? mittee, wrote Commerce Secretary William vide quality health care for seniors in our com- Daley demanding the Form 312 by July 9. munity. As a member of the Hospital and HON. GERALD B.H. SOLOMON That deadline came and went, but late on Healthsystem Association of Pennsylvania, he Friday, July 11, the piece of paper was dis- OF NEW YORK has worked in conjunction with this group to patched to Solomon. It showed that on July IN THE HOUSE OF REPRESENTATIVES 18, 1994, Huang signed for his security brief- see that health care in Philadelphia maintains Thursday, July 17, 1997 ing. But Huang never signed the debriefing the necessary components of superior care for acknowledgment that ‘‘I have returned all its patients. Mr. SOLOMON. Mr. Speaker, our worst classified information in my custody.’’ Not only has John changed the care side of fears about the depth and significance of the If security officer Mack signed off for the the hospital, but he has also changed the way administration's scandals are being realized. debriefing, why didn’t Huang? ‘‘For reasons E1452 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997

that we have not determined,’’ Commerce GENERAL APPROACH CRITERIA press officer Maria Cardona told me. I called The general approach of the bill is to be as The exemption is aimed essentially at pas- Mack himself, but he said he could not reply. simple and streamlined as possible. It pro- sive, intermediary types of conduct. The cri- ‘‘When you’re as low on the totem pole as I teria determining its applicability are adapt- am . . .’’ he said, trailing off. vides a single exemption, written broadly so as to cover a range of acts dealt with in sepa- ed from a combination of case law and prior However, an unsigned Commerce document discussions of the issue in Congress in the of Dec. 9, 1996, supplied to Solomon earlier rate exemptions in drafts under discussion last last session. Some of the concepts are simi- this year, quotes Mack as saying that ‘‘he year. The availability of the exemption de- lar to those specified in the ‘‘passive carrier’’ personally briefed Huang and had him sign a pends on the actor's level of control, participa- exemption in section 111(a)(3) of the Copy- SF–312’’ in July 1994 but adds: ‘‘Mack has no tion, and knowledge of the infringement, rather right Act.1 The overall goal is to exempt con- recall of the debriefing’’ the following Janu- duct where liability does not seem appro- ary. The memorandum continues that ‘‘he than on the particular type of technology used priate because of a low level of participation, does recall’’ a call from a high-ranking offi- or the particular type of business being con- control and knowledge, while at the same cial ‘‘to make sure that Huang did not lose ducted. Similarly, the exemption is available to time ensuring that adequate incentives re- his top-secret clearance’’ but kept it as a any person engaging in the covered activity, main to assist copyright owners in prevent- ‘‘consultant.’’ not limited to those falling within a defined cat- ‘‘Mack said to the best of his knowledge, ing infringement, without ensuring that ade- egory of ``service provider.'' quate incentives remain to assist copyright Huang never worked as a consultant, but A decision was made not to attempt to cod- DISCO [Defense Industrial Security Clear- owners in preventing infringement, without ance Office] did issue a top-secret clearance ify industry-specific codes of conduct or de- obligating service providers generally to to Huang. . . . DISCO has never been notified tailed notification procedures at this time. The monitor or police communications over the to cancel the clearance,’’ the memo contin- bill does not foreclose these possibilities, how- Internet. ued. The memo writer said the clearance, is- ever, should the parties who will be affected The failure to meet any one of the criteria sued on Dec. 14, 1995, was still valid on Dec. directly by the provisions of this bill concur would disqualify a person from the benefit of the exemption, since the person would then 9, 1996. that they are desirable. It also provides certain Yet another mysterious document: Com- be performing a more active or knowledge- merce security officer Richard Duncan— legal protections for parties who act respon- able role in distributing the infringing mate- Mack’s colleague—on Feb. 13, 1995, wrote an sibly to assist in preventing infringement. rial. The ordinary rules of respondeat supe- internal memo listing Huang among other SECTION BY SECTION ANALYSIS rior and enterprise liability would determine officials as signing SF–312s. Was this an at- whether conduct by someone acting on be- SEC. 1 SHORT TITLE tempt to create a paper trail? half of the person seeking the exemption is This is the curious conclusion of John This act may be referred to as the ‘‘On- attributed to that person. Huang’s access to secret information. It Line Copyright Liability Limitation Act’’. The first three criteria all relate to the began with the official request Jan. 31, 1994 SEC. 2. LIMITATIONS ON LIABILITY concept of acting as an intermediary in the that the required background investigation Paragraph (a) would amend Chapter 5 of chain of dissemination, rather than an for Huang be waived because of ‘‘the critical Title 17, U.S. Code, the chapter setting out initiator or director of the dissemination of need for his expertise . . . by Secretary [Ron] what constitutes infringement and establish- the material. Brown.’’ When Huang resigned a year later, ing remedies, to add a new section 512, enti- Subparagraph (A) Assistant Secretary Charles Meissner pro- tled ‘‘Limitations on liability relating to The first criterion is that the person seek- posed the consultant’s role, in order for material on-line.’’ Paragraph (a) contains ing the exemption did not initiate the cir- Huang to retain access to classified docu- the substance of the new exemption. culation of the infringing material. Someone ments. Brown and Meissner both perished in Paragraph (a)(1) provides an exemption else was responsible for placing it on-line. the tragic plane crash in Croatia, but their from both liability for direct infringement For example, a service provider would not be patronage of John Huang remains a fit sub- and vicarious liability, based solely on acts disqualified under this criterion where a ject for scrutiny. of transmitting or otherwise providing ac- work was placed on-line by a subscriber. f cess to material online, if certain criteria are met. The exemption does not specify any Subparagraph (B) THE ON-LINE COPYRIGHT particular right of the copyright owner The second criterion is that the person has LIABILITY LIMITATION ACT under section 106; it would excuse the in- no control over the content of the material: fringement of any of the rights. he or she did not create the material, choose HON. HOWARD COBLE If a person making use of copyrighted ma- it, or make any changes in it. terial on-line does not qualify for the exemp- Subparagraph (C) OF NORTH CAROLINA tion because of a failure to fall within one or The third criterion requires that the per- IN THE HOUSE OF REPRESENTATIVES more of the criteria, that does not mean that son not be the one to decide who will receive the person is necessarily liable for infringe- Thursday, July 17, 1997 the material. The fact that the person may ment. If the exemption does not apply, the have control over the universe of possible re- Mr. COBLE. Mr. Speaker, the On-Line doctrines of existing law will come into play, cipients, for example by controlling the list Copyright Liability Limitation Act is being intro- and liability will only attach to the extent of subscribers to an on-line service or a bul- duced in response to concerns raised by a that the court finds that the requirements letin board, would not disqualify him or her, number of on-line service and Internet access for direct infringement, contributory in- since the choice of all subscribers does not fringement or vicarious liability have been providers regarding their potential liability for determine which subscriber receives which met, and the conduct is not excused by any copyright infringement when infringing material material. other exception or limitation. is transmitted on-line through their services. Subparagraph (D) While several judicially created doctrines cur- ‘‘Transmitting’’ refers to moving material from one place to another so that it is re- The fourth criterion rules out the possibil- rently address the question of when liability is ceived beyond the place from which it is ity of receiving a financial benefit directly appropriate, providers have sought greater sent. ‘‘Providing access’’ is a broader term; from a particular act of infringement. It certainty through legislation as to how these it could be accomplished by transmitting or would prevent someone who obtained a per- doctrines will apply in the digital environment. by otherwise placing material on-line in a lo- centage of the revenue on each piece of pi- Undoubtedly, service providers will be con- cation where individuals may gain access to rated software transmitted from claiming cerned that the exemption contained in this bill it on demand. The terms ‘‘transmitting’’ and the benefit of the exemption. It would not, does not go far enough and copyright owners ‘‘providing access’’ are intended to cover any however, bar someone whose financial bene- will be concerned that it goes too far. This bill means of accomplishing these acts. Such fit consisted of charging users of its service means could include any of the following: by the length of the message (per number of is meant to be a new starting point for discus- the carriage and routing of telecommuni- bytes, for example) or by time unit. sion among the groups affected by its provi- cations signals; the services of on-line serv- sions. ice providers or Internet access providers; 1 That section exempts from liability secondary BOB GOODLATTE of Virginia invested months the operation of bulletin boards; and the transmissions made by a carrier who ‘‘has no direct of his time in the last Congress leading nego- sending of private electronic or real-time or indirect control over the content or selection of tiation sessions between on-line service and communications. the primary transmission or over the particular re- Internet access providers, telephone compa- The term ‘‘solely’’ is intended to make cipients of the secondary transmission, and whose nies, libraries, universities, and copyright own- clear that the exemption applies only to the activities consist solely of providing wires, cables, acts of transmission or providing access in or other communications channels for the use of ers. He will continue to steer the negotiation themselves. If the person engaging in these others: Provided, That the provisions of this clause extend only to the activities of said carrier with re- process in this Congress as the parties in- acts also makes further use of the copy- volved begin discussions starting from the spect to secondary transmissions and do not exempt righted material, such as making additional from liability the activities of others with respect to framework established in the On-Line Copy- copies or using copies for other purposes, the their own primary or secondary transmissions.’’ 17 right Liability Limitation Act. exemption will not apply. U.S.C. § 111(a)(3). July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1453 Subparagraph (E) law from accessing the material. For exam- provides penalties for knowing material mis- The fifth criterion requires that the person ple, the Electronic Communications Privacy representations that material on-line is in- not play an active role in encouraging others Act makes it unlawful to access private e- fringing, allowing the recovery of any dam- to use the infringing material. The exemp- mail communications. 18 U.S.C. § 2510 et seq. ages incurred by a person who relies on such tion would not be available to one who In such circumstances, the exemption would misrepresentations in removing, disabling or affirmately sponsored, endorsed or adver- be available without reference to the per- blocking access to such material. tised the material—acts that are likely to son’s level of knowledge. lead to greater dissemination to a wider au- Many of the circumstances proposed for ex- COMPARISON TO EXISTING LAW dience, and therefore greater harm to the emptions last year in the course of negotiat- This exemption supplements doctrines of copyright owner. Accordingly, such acts ing draft bill language would fall within the existing law, including contributory in- should engender some degree of responsibil- scope of this general exemption. The exemp- ity, and it is reasonable to expect the actor tion would clearly cover the mere provision fringement and vicarious liability; it does to check the material being recommended of physical facilities, such as lines or cables. not supersede or alter them. In some cir- (which would not be necessary if the exemp- It would also cover various activities that cumstances, it would exempt a person from tion applied). Hyperlinking in and of itself have been referred to as ‘‘mere conduit serv- liability where these doctrines would lead to would not be disqualifying under this cri- ices,’’ including the provision of local access, the same result. In other circumstances, it terion, to the extent that it is purely infor- local exchange, telephone toll, trunk line, or would provide greater immunity, exempting mational and directional. If, however, the backbone services, since the concept of a person where existing law would impose li- context or presentation indicates an affirma- ‘‘mere conduit’’ was similarly based on the ability. While some of the criteria in para- tive recommendation, a higher level of care passive, non-participatory nature of the ac- graph (a)(1) are similar to some of the re- would be appropriate, and the exemption tivity. In addition, acts of hosting or operat- quirements for contributory infringement or would not apply. ing bulletin boards and web pages would fall vicarious liability, they are also narrower in Subparagraph (F) within the scope of the exemption where the certain respects, as described below. This ex- operator does not have the requisite level of The sixth and final criterion is a knowl- emption is not intended to indicate to the control or knowledge of infringing postings edge standard. If the person knows of the in- courts that the elements of contributory in- or content. The transmission of private or fringement, he or she should not be entirely fringement or vicarious liability should be real time electronic communications such as exempt. The level of knowledge required is narrowed generally, or interpreted in accord- critical. If the exemption were limited to ac- e-mail would be exempted where the law ance with the language of this provision. The tual knowledge, it would provide an incen- does not permit the service provider to ac- intent is to continue the common law doc- tive to look the other way and deliberately cess the communication. trines unchanged, and allow the courts to avoid learning of the infringement. At the Paragraph (a)(2) deals with contributory continue to develop them. other extreme, a general negligence standard infringement. Because contributory infringe- would be too broad to the extent that it ment, unlike direct infringement and vicari- Direct infringement ous liability, contains a knowledge require- could be interpreted to impose an affirma- Under current law, a person is liable for di- tive duty to investigate, since service pro- ment, it is treated separately. This subpara- rect infringement who engages in an act viders should not have a duty to investigate graph substantially limits remedies avail- within section 106 without authorization, every transmission taking place through able for contributory infringement for con- with or without knowledge of infringement. their services. duct that qualifies for the exemption from li- Subparagraph (F) therefore adopts an in- ability for direct infringement or vicarious The exemption would remove liability for a termediate standard: if a person becomes liability under subparagraph (1). In such person who engages in such acts in the aware of information that causes suspicion, cases, no monetary remedies will be avail- course of transmitting or otherwise provid- he or she should have some obligation to able, and a court could issue an injunction ing access to material on-line in a passive, check further. Such information may be ob- requiring acts such as removing or blocking limited way, without the defined level of tained through the receipt of a notice from a access to infringing material, only to the ex- knowledge. copyright owner, or may be provided inde- tent such acts are technically feasible and Vicarious liability pendently in the course of ordinary business. economically reasonable. The rationale for not barring injunctive relief is that a person For example, a service provider who learns Under current law, a person is vicariously who knows or should know of the infringe- that a subscriber is operating a bulletin liable for the infringement of another if he ment, and can reasonably do something to board called ‘‘PIRATES-R-US,’’ or ‘‘POP has the right and ability to control the in- prevent it, should continue to have some MUSIC FOR FREE,’’ and makes no inquiries fringement, and receives a direct financial legal incentive to do so. In many cases, a and takes no further action should not ob- benefit, with or without knowledge of in- tain the benefit of this exemption. On the service provider may be the only person ca- pable as a practical matter of preventing in- fringement. The exemption would add an ele- other hand, the service provider should not ment of actual control, require a more direct have to check sites or transmissions in the fringing material from being transmitted around the world, or the only one over whom link to an infringement, and add a knowl- absence of obtaining such information. In edge requirement. It would thus remove li- other words, a red flag should not be ignored, a copyright owner can obtain jurisdiction. ability for a person who has no actual con- but a provider should not ordinarily be re- Paragraphs (b) through (d) are intended to trol of the placement of the material on-line, quired to go out and search for red flags. protect providers when they remove, disable its content, or its particular recipients, if he The bill incorporates these concepts in two or block access to material and remove pos- or she receives no direct financial benefit at- clauses within paragraph (a)(1). Clause (i) of sible disincentives to cooperate with copy- tributable to a particular infringement, and subparagraph (F) sets a general standard of right owners by taking steps to prevent in- ‘‘does not know, and is not aware by notice fringement. These paragraphs ensure that a does not have the defined level of knowledge. person who responds to information indicat- or other information indicating, that the Contributory infringement material is infringing.’’ The language ‘‘is not ing infringement by removing, disabling or aware’’ is a higher standard than ‘‘is in pos- blocking access to material will not be pe- Under current law, a person is liable for session of facts,’’ since a person may have nalized for having done so. contributory infringement who induces, facts within his possession, for example in a Paragraph (b) is essentially a ‘‘Good Sa- causes or materially contributes to another’s file somewhere, without being aware of maritan’’ defense. It ensures that a person infringement, knowing or having reason to them. The information need only indicate who acts responsibly upon obtaining infor- know of the infringement. The exemption that the material is infringing, however; this mation indicating an infringement, whether would remove monetary liability, and place would cover the type of red flag discussed by receiving a notice or otherwise, and re- some limits on injunctive relief, where the above, and would not require such evidence moves, disables or blocks access to the rel- contribution to the infringement is of a pas- as would be sufficient to establish infringe- evant material, cannot be held liable for sive nature and where the person has no ac- ment in a court of law. A separate sentence having done so. This section would block tual knowledge and is not aware of informa- at the end of paragraph (a) states explicitly claims by anyone based on the take-down it- tion indicating infringement (but meets the that ‘‘[n]othing in [that clause] shall impose self (e.g., interference with contract claims). lower standard of having reason to know). an affirmative obligation to seek informa- Paragraph (c) preserves potential legal de- tion described in such clause.’’ In other fense. It ensures that whatever decision is Hearings on this bill will be conducted in words, the knowledge standard in the clause made by a person who has obtained informa- the Judiciary Subcommittee on Courts and does not itself impose any obligation to mon- tion indicating infringement, whether to re- Intellectual Property, which I chair, simul- itor for infringement or to search out sus- move, disable or block access to the mate- taneously with a bill to implement the WIPO picious information. Once one becomes rial, or not to do so because of a potential treaties negotiated in Geneva, Switzerland aware of such information, however, one defense, cannot be used against that person in December, 1996. The implementation legis- may have an obligation to check further. in an infringement suit. lation will be introduced soon after the in- The other way to meet the subparagraph Paragraph (d) protects against losses troduction of this bill. It is my intent to (F) criterion is if the person is prohibited by caused by reliance on false information. It move the bills together. E1454 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997 TRIBUTE TO COL. THOMAS F. him for complete, timely, sound, and accurate ready been started. Building upon the spon- GIOCONDA, U.S. AIR FORCE information and advice. sorship of the American Red Cross, he man- Colonel Gioconda has been awarded the aged to create a board of directors who were HON. JOHN P. MURTHA Defense Distinguished Service Medal, the De- household names. Their reputations, the OF PENNSYLVANIA fense Meritorious Service Medal, the Meritori- progress of better funded research, and con- IN THE HOUSE OF REPRESENTATIVES ous Service Medal (four oak leaf clusters), stant persistence, created the life-saving bone three Air Force Commendation Medals, the Air marrow program. He brought together Senator Thursday, July 17, 1997 Force Achievement Medal, the Combat Readi- Kennedy and Admiral Zumwalt, Nobel Prize Mr. MURTHA. Mr. Speaker, I rise today to ness Medal, the Outstanding Voluntary Serv- winners and corporations, the American Navy pay tribute to a dedicated U.S. Air Force offi- ice Medal, and the Command Missile Badge. and Russian Chernobyl victims. He and the cer as he departs from his post as the legisla- He is married to the former Anita Pamenter of foundation brought common goals and meth- tive assistant for the Chairman of the Joint Great Falls, MT, and has three sons, Thomas, ods to the scientific community in China, Eng- Chiefs of Staff to become the Principal Deputy Tony, and T.J. land, Russia, the United States, and else- Secretary of Energy, and U.S. Military Rep- In December 1995, Colonel Gioconda was where. After a politically prominent and resentative for Defense Programs. selected for promotion to brigadier general. He wealthy American family circumvented the Col. Thomas F. Gioconda deserves our trib- will be promoted on August 1, 1997. donor system and bought their way to the ute. He has been connected with the Con- Mr. Speaker, it is a great honor and per- front of the line, Bob demanded a fool-proof gress in one position or another for over 8 sonal privilege for me to present his creden- system that would treat all victims equally. years of his distinguished 27 year Air Force tials and this tribute to Col. Thomas F. We all enjoy knowing about people who career. His career accomplishments reflect the Gioconda before the Congress today. It is strive to make the news, those who fight for type of leader this Nation has depended upon clear, through his record of accomplishment their 15 minutes for fame, but we don't often for over 200 years during peace and conflict. and his command assignments, that he is know about people who just quietly persevere I would like to take a moment to highlight someone dedicated to the peace and freedom in order to save us and our loved ones. That Tom's career milestones. this Nation enjoys today. All his actions reflect was Bob Graves. He had a brilliant mind sur- A native of Philadelphia, PA, Colonel a professional Air Force officer with the clear passed only by his compassionate heart. Gioconda is a graduate of St. Joseph's Uni- sense of honor, integrity, and purpose found in When he died, he was creating another foun- versity, Philadelphia, PA, class of 1970. Colo- the finest military officers of this Nation. We dationÐthe Transmissible Spongiform nel Gioconda also earned a master's degree wish him every success in what I know will be Encephalopathies Foundation to bring together in school administration from Seton Hall Uni- a bright future. May he always have fair winds the worldwide scientific community working on versity, and a masters degree in business ad- and blue skies. ``chronic wasting disease'' in wildlife, ``mad ministration from the University of Montana. f cow'' disease in livestock, and Creutzfeldt- His military career began in 1970 with his first Jakob disease in people. Again, he was start- assignment to Malstrom AFB, MT, where he TRIBUTE TO DR. BOB GRAVES ing the project with his own money in order to served as a missile launch officer. After 4 benefit people and industry. years as a wing missile operations crew in- HON. BOB SCHAFFER Bob Graves, D.V.M., was one person who left the world a better place. structor, he served as an AFROTC instructor OF COLORADO f at his alma mater for 2 years, followed by an- IN THE HOUSE OF REPRESENTATIVES other 2 years at New Jersey Institute of Tech- Thursday, July 17, 1997 REPORTING REQUIREMENTS ON nology. He then served as a missile oper- CHINESE INTELLIGENCE ACTIVI- ations instructor and section chief at the Mr. BOB SCHAFFER of Colorado. Mr. TIES 4315th Combat Crew Training Squadron, Van- Speaker, I rise today to pay tribute to Dr. Bob denberg AFB, CA. Graves. Casual acquaintances knew Bob as a Recognizing his leadership skills, he was dairy farmer from an old Colorado family. His HON. BILL McCOLLUM assigned to headquarters, Strategic Air Com- early days were spent on a cattle ranch in OF FLORIDA mand, as a plans and programs officer, and Bellvue, CO. He became a veterinarian, IN THE HOUSE OF REPRESENTATIVES later became the Congressional Liaison worked to increase the family herd and oper- Thursday, July 17, 1997 Branch Chief. His exceptional performance in ation, and built Graves Dairy. Many knew him Mr. McCOLLUM. Mr. Speaker, I rise today this assignment lead to a follow on tour to for early mornings spent having breakfast at in support of a bill I am introducing today. It headquarters, U.S. Air Force at the Pentagon Vern's in LaPorte, dressed in Levi's, eyes is quite simple in that it would require the Di- where he served as a Congressional Affairs shaded by bushy gray eyebrows. He always rector of Central Intelligence and the Director Action Officer for the Air Force Deputy Chief had a ready and realistic comment on the sub- of the Federal Bureau of Investigation to jointly of Staff for Plans and Operations. During this ject of the day. Others knew him as a savvy prepare an annual report on the intelligence tour he was selected for squadron command. and tenacious opponent in local political bat- activities of the People's Republic of ChinaÐ Colonel Gioconda assumed command of the tles. He stood up for private property rights, and most specifically, those which are directed 510th Strategic Missile Squadron at Whiteman farming and ranching interests, and other against or affect the interests of the United AFB, MO. His squadron was charged with the ideals he held high. If you fought with him, you States. one-of-a-kind Emergency Rocket Communica- did so with admiration. If you fought against Some of the news reports on the fundraising tion System [ECRS] mission. While in com- him, you did so with trepidation. scandal suggest that the People's Republic of mand, Colonel Gioconda and his unit hosted But most don't know the Bob who turned a China has apparently decided to take a more the first visit of the Commander in Chief of the personal tragedyÐhis daughter's death from aggressive approach toward influencing Amer- Soviet Rocket Forces to an operational U.S. leukemiaÐinto hope and a future for thou- ican politics. This is occurring at all levels of missile launch control center. After success- sands and thousands of people around the our political system through the use of legiti- fully completing his command tour, Colonel world. His daughter was one of the recipients mate means such as lobbying as well as cov- Gioconda was hand picked to be a legislative of a bone marrow transplant before the medi- ert influence operations. At the same time, the assistant to the chairman and vice-chairman. cal community understood how critical it was Chinese are also relying heavily on the suc- He has been the principal liaison officer to to match donor and recipient marrow. While cess of their economic espionage efforts to Congress for both General Powell and Gen- the operation was not successful, the Laura make their economy more competitive with eral Shalikashvili during momentous times in Graves Foundation, founded in her memory, ours. We also have concerns, that I think most our Nation's historyÐthe end of the cold war, has become a $50 million research organiza- Americans share, with the increasing buildup Operations Desert Storm, Provide Promise, tion that has greatly improved the chances for of the Chinese military operations and capa- Provide Hope, Provide Comfort, Southern leukemia patients. He and the foundation cre- bilities, and the potential that that poses a Watch, Deny Flight, and Restore Democracy, ated the matching bone marrow donor pro- threat to our national security interests in the Joint Endeavor, as well as countless other gram in this country and across the world. Pacific rim region. military operations and deployments. Tom has Although grieving over his own loss, he and A China specialist at the Department of De- accompanied me on factfinding visits to the his wife, Sherry, devoted their lives to this fense, summarized the growing threat posed former Republic of Yugoslavia. Tom was al- priceless project. Bringing together scientists, by China's intelligence agencies by saying: ways on top of the issues of the day. I and politicians, public relations experts, and cancer The Ministry of State Security is an ag- many others of this body have depended on victims, he worked to improve what had al- gressive intelligence service which is coming July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1455 of age in the international arena. The com- APPOINTMENT OF DAVID STRAUSS Strauss, 47, was a chief of staff for the late bination of a relatively stagnant economy TO BE EXECUTIVE DIRECTOR OF Sen. Quentin Burdick, D-N.D., through most and an increasingly competitive global eco- THE PENSION BENEFIT GUAR- of the 1980’s and later for the Senate Com- nomic environment will force China to rely ANTY CORPORATION mittee on Environment and Public Works for more heavily on the illegal acquisition of which Burdick was chairman. high technology modernization—Arms pro- He also served briefly as chief of staff for duction and sales are increasingly being used HON. EARL POMEROY Sens. Jocelyn Burdick, D-N.D., and John Breaux, D-La., before going to his current to gain hard currency and expand global po- OF NORTH DAKOTA IN THE HOUSE OF REPRESENTATIVES job in 1994. litical influence. The MSS will be required to Through an aide, Strauss declined to be produce intelligence to support this asser- Thursday, July 17, 1997 interviewed about the new post because no tive role in the global, commercial and polit- Mr. POMEROY. Mr. Speaker, I rise today to official announcement has been made. ical environments—Western democracies applaud the appointment of David Strauss, a Sources say the announcement could come such as the U.S. must adjust the focus of later this week or next week. their clandestine intelligence and counter- fellow Valley City, ND, native and close friend, The PBGC is a non-profit corporation intelligence operations if they are to meet as Executive Director of the Pension Benefit wholly owned by the federal government. the MSS’s forward posture effectively. Guaranty Corporation [PBGC]. The corporation regulates and monitors pen- I couldn't be more pleased to see such a sion plan insurance programs. The annual report would document signifi- good friend named to such an important Gov- Among other things, it steps in if a pension cant developments involving China's Ministry ernment post. Throughout his career, David plan fails and can’t pay benefits. It makes up of State Security, the Military Intelligence De- has been an outstanding public servant deeply the difference in assets, administers the devoted to advancing the interests of working fund, and distributes the basic benefits. partment of the People's Liberation Army, and The agency covers all single-employer and other Chinese intelligence entities operating families. In this exciting new position, David private defined pension plans and some plans against the United States. The report is spe- will continue that work as the Government's between unions and employers. It is adminis- cifically intended to cover trends in the follow- top official responsible for protecting the pen- tered by a board, of which the Secretary of ing areas: first, political, military, and economic sion security of 42 million American workers Labor is chairman, and includes the sec- and retirees participating in about 50,000 pri- retaries of commerce and treasury. espionage by Chinese intelligence services; Sources at Pensions & Investments called second, intelligence activities designed to gain vate-sector pension plans. David comes to the PBGC with extensive Strauss a good choice for the job, despite his political influence, including activities under- management and policy experience as deputy lack of hands-on experiences in pensions. taken or coordinated by the United Front The post does not require Senate confirma- chief of staff to Vice President AL GORE since Works Department of the Chinese Communist tion. 1994. In that position, he played a major man- Party; third, efforts to gain direct or indirect in- The story quoted Rep. Earl Pomeroy, D- agement role, developed policy options and N.D., also from Valley City, who said the ap- fluence through commercial or noncommercial advised the Vice President on a broad range pointment of a top political aide showed the intermediaries subject to control by the Peo- of economic and domestic policy issues in- Clinton administration’s commitment to re- ple's Republic of China, including enterprises cluding wage and workplace protection, retire- tirement income security. Officials from the Teamsters, the AFL– controlled by the People's Liberation Army; ment security, health care, welfare, and trade. and fourth, disinformation and press manipula- CIO, and business lobbyists all sang his Ensuring that Americans can look forward to praises. tion by the Government of the People's Re- a financially secure retirement has emerged ‘‘David Strauss’ appointment will provide public of China against the United States. as one of the most important public policy is- the PBGC with the kind of political leader- Various agencies from the intelligence and sues of the day. As head of the PBGC, David ship it has never had,’’ said Mark J. Ugoretz, will be a leader in crafting our Nation's re- president of the ERISA Industry Committee, law enforcement communities will be tasked to a Washington trade group representing the provide input on Chinese intelligence activities sponse to this retirement security challenge. And with his unique background as a top- nation’s biggest companies. within the United States and elsewhere. Some ERISA is the Employee Retirement In- notch manager and policymaker, it's hard to of the agencies being asked to contribute to come Security Act of 1974. imagine someone better suited to this role. the annual report will include the following: As Gore’s aide, Strauss helped develop Prior to his position with the Vice President, White House policy options on a range of Central Intelligence Agency, Department of David served as chief of staff for the late Sen- economic and domestic policies. Defense, Department of Justice, National Se- ator Quentin Burdick of North Dakota and then He was involved in working on the Retire- curity Agency, Defense Intelligence Agency, as staff director of the Senate Environment ment Protection Act, signed by Clinton in Department of State, and the Department of December 1994. and Public Works Committee, which Senator In a 1994 interview with The Forum the Treasury. Burdick chaired. Strauss said that his career hinged to some The classified version of the annual report Previously, as North Dakota State Executive degree on Gore’s future. will be provided to both the House and Sen- Director for the U.S. Department of Agri- ‘If Al Gore is re-elected vice president and ate. An unclassified version will be prepared culture's Stabilization and Conservation Serv- then runs for president in the year 2000, I iceÐnow the Farm Service AgencyÐhe di- very much would want to be a part of all of so that the American public can be provided rected an agency with 53 county offices and that,’’ he said at the time. with a general summary of the nature of the 1,200 employees, which administered $1.3 bil- Strauss grew up in Harvey and Valley City, Chinese intelligence threat to the United and in the 1970’s became one of the state’s lion in loans and direct payments to the farm- States. most successful political strategists. ers of North Dakota. During this period, he Among other things, he was executive di- Mr. Speaker, this bill is very crucial yet very was recognized with a Special Achievement rector of the Democratic-NPL party from simple. It is not one that requires anything Award from the Secretary of Agriculture for his 1975 to 1977. more than a gathering of information for us, managerial skill and for reducing administra- In 1977, he was named North Dakota execu- but I think it is critical information for us. I urge tive costs despite a workload increase. tive director of the Agricultural Stabiliza- David Strauss is a superb choice to head tion and Conservation Service (now the my colleagues to support this legislation. Farm Service Agency). the PBGC and I look forward to working with At the time he was criticized for a lack of f him on a broad range of retirement security is- farming background for the job. sues. Mr. Speaker, I also submit for the He later took great pride in winning PERSONAL EXPLANATION RECORD an article from the Fargo Forum on achievement awards in the agency. David's appointment. f [From the Fargo Forum, July 3, 1997] NATIONAL HISTORIC TRAILS HON. ELIOT L. ENGEL STRAUSS IN LINE FOR PENSION POSITION CENTER, CASPER, WY OF NEW YORK (By Mikkel Pates) David Strauss, a North Dakota native and IN THE HOUSE OF REPRESENTATIVES deputy chief of staff to Vice President Al HON. BARBARA CUBIN Gore, has been picked to be executive direc- OF WYOMING Thursday, July 17, 1997 tor of the government’s Pension Benefit IN THE HOUSE OF REPRESENTATIVES Guaranty Corp. Thursday, July 17, 1997 Mr. ENGEL. Mr. Speaker, I was necessarily Pensions & Investments, the Washington absent during rollcall vote 267. If present, I trade paper which broke the story, said the Mrs. CUBIN. Mr. Speaker, over a century would have voted ``aye'' on rollcall 267. announcement will come any day. and a half has now passed since the historic E1456 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997 overland migrations of people across Ameri- ment, the interest thereof to maintain exhibits A TRIBUTE TO THE ANDERSON ca's Western frontier began. Their stories of for the life of the Center. The overwhelming MONARCHS BASEBALL TEAM hardship, perseverance, and courage are leg- amount of non-Federal support for the Center endary, and they figure prominently in the his- is precisely the kind of cooperation Congress HON. THOMAS M. FOGLIETTA tory of the West. The trails they traveled, es- intended in managing and interpreting the his- OF PENNSYLVANIA pecially in Wyoming, still remain a visible testi- toric trails of the Nation. IN THE HOUSE OF REPRESENTATIVES mony to the great struggles of these early Thursday, July 17, 1997 American pioneers. Under the cooperative agreement, the BLM During the mid-1800's, Casper, WY, was has an important but limited role in establish- Mr. FOGLIETTA. Mr. Speaker, I rise today the only geographic location in the Western ing and operating the National Historic Trails to pay tribute to a group of young athletes United States where the Oregon, Mormon, Interpretive Center. The BLM has already from south Philadelphia who have just re- California, and Pony Express trails, as well as completed a striking design as well as the en- turned from a barnstorming baseball tour in tribute to the late, great Jackie Robinson. The many Indian trails converged. A fork of the gineering blueprints of the Center. With this Anderson Monarchs are a team of 15 boys Bozeman Trail and the beginnings of the work completed, the land available, and most Bridger Trail also originated in Casper. These between the ages 8 and 12 who play in the of the non-Federal funds in hand, the Center RBI, Reviving Baseball in the Inner Cities, trails are a distinctive part of our Nation's past is now ready to construction. This legislation and they possess important historical and cul- League of Philadelphia. The team is named provides congressional authorization of funds for Jackie Robinson's Negro League team, the tural values representing themes of migration, for the BLM to do so. Once the Center is com- settlement, transportation, and commerce that Kansas City Monarchs, and plays its home pleted, the BLM will own and operate the facil- shaped the landscape of the West. games at the Marian Anderson Recreation Congress has recognized the historical sig- ity. However, with the endowment, the author- Center in the heart of south Philadelphia. nificance of these trails. The National Trails ization to charge visitors a modest entrance Leaving Philadelphia last week in a restored Systems Act, as amended in 1978 and 1992, fee, and commitments for volunteer staffing, 1947 bus, the team drove west to participate designates the Oregon, Mormon Pioneer, Cali- the facility will be largely self-sustaining from a in the Kansas City Royal's celebration of the fornia, and Pony Express Trails as ``National financial perspective. This is important in view 50th Anniversary of Jackie Robinson's entry Historic Trails.'' The act also directs the Sec- of the present and anticipated future funding into the Major Leagues. The team, sponsored retary of the Interior to protect, interpret, and restrictions of the Federal Government. by the Philadelphia Phillies, Mellon PSFS and Acme Markets, embarked on a 13-day journey manage the remnants of these trails on Fed- In Wyoming, we are experiencing great in- eral lands. that began with a game in Brooklyn, NY, the terest in the historic trails that cross the State. While large segments of these trails, and former home of Jackie Robinson's Dodgers. their associated historic sites lie on Bureau of In 1992, a year when visitation to Yellowstone From Brooklyn, the Monarchs traveled to Land Management [BLM] lands in Wyoming, National Park and Grand Teton National Park Cleveland, where they participated in All-Star no interpretive center is available in Wyoming, was down, the Wyoming Department of Tour- game festivities, then played a game against or any adjacent State, to educate the public ism reported an increase in tourism along the a local team. From there it was off to Detroit, on the role of these trails in our Nation's his- Oregon Trail route during the sesquicentennial Chicago, and Iowa, where they visited the site tory. of that trail. This year is the sesquicentennial of the Field of Dreams, made famous by the In an effort to preserve and interpret this im- of the Mormon Pioneer Trail. BLM officials movie of that name. Many of these youngsters portant history, today I am introducing legisla- have estimated that between 200,000 and 1 have never been far from the urban landscape tion to establish the National Historic Trails In- million visitors participated in trials events in of Philadelphia, so traveling through the rural Midwest was quite an experience for them. terpretive Center [NHTIC] in Casper, WY. The Wyoming this year. We expect similar interest bill encompasses a unique partnership of Fed- In Kansas City, the Monarchs visited the in trails during the sesquicentennials of the Negro Leagues Baseball Museum, where they eral and non-Federal interests to jointly con- California and Pony Express historic trails. In struct and operate this Center. These interests were introduced to Hall-of-Famer, Buck truth, an increasing number of Americans are include the BLM, the city of Casper, and the O'Neill, a former Monarchs teammate of Jack- discovering, enjoying, and learning the history nonprofit National Historic Trails Foundation. ie Robinson. Meeting this living legend and These entities came together in 1992 to build of these treks and are seeking to experience hearing his bittersweet tales of the Negro a center to memorialize and interpret the na- natural settings, landmarks, and physical re- Leagues was the high point of the trip for tional historic trails in the West. mains of the trails. many of the young ballplayers. From Kansas City the team bus wound its The interpretive and educational programs I am pleased with the broad level of support way back, with stops for games in St. Louis, that will be associated with the Trails Center the National Historic Trails Interpretive Center in Casper will enable visitors to discover and Louisville, and Pittsburgh, before returning to enjoys. As noted earlier, the city of Casper Philadelphia. Mr. Speaker, these youngsters appreciate the miles of untouched trails that lie and the State of Wyoming have provided tre- on public lands in the West. The Center will are more than just ballplayers, they are am- mendous assistance to this effortÐfor that I bassadors for Philadelphia, and I have re- identify and help protect sensitive historic trail thank them. The Governor of Wyoming, Jim remnants to prevent degradation. The National ceived reports that they have represented our Geringer, as well as Wyoming's former Gov- Historic Trails Centers will also provide an op- city with great honor throughout their travels. ernor, Mike Sullivan, have endorsed the Cen- portunity for the BLM to showcase public They have learned about the legacy of seg- lands emphasizing the Bureau's commitment ter from the beginning. Wyoming's U.S. Sen- regation in baseball, and they have taught oth- to preserve lands of historical value. ators, MIKE ENZI and CRAIG THOMAS, support ers of these lessons along the way. In honor- Under the cooperative agreement, there is a the project. Especially gratifying has been the ing the anniversary of Jackie Robinson's entry clear commitment of non-Federal partners to support and encouragement from interests into the Major Leagues, the Monarchs have share costs to construct, maintain, and oper- outside of Wyoming, such as the Oregon-Cali- been a major success. They have dem- ate the Trails Center. City, State, foundation, fornia Trails Association. I deeply appreciate onstrated admirably the sentiment engraved and private interests will bear approximately the support of my respected colleague from on Jackie Robinson's gravestone that, ``A life half of the total costs of the project. The city Utah, Representative JIM HANSEN, who is co- is not important except in the impact it has on of Casper provided funds to initiate work on sponsoring this legislation. other lives.'' In recognition of their successful tour, I ask that my colleagues join me today in the Center. The city has also donated more Mr. Speaker, the establishment of the Na- than 10 acres of prime land overlooking the honoring Philadelphia's Anderson Monarchs. tional Historic Trails Interpretive Center is in site of the North Platte River crossings of the f the public interest. The project contains the historic trails for the Center. Furthermore, the IN MEMORY OF DAVID L. CINI citizens of Casper increased local sales taxes best elements of private and public coopera- and have raised the required 1.5 million of tion. The construction and operation of this construction dollars to meet their financial Trails Center is altogether consistent with the HON. SAM GEJDENSON OF CONNECTICUT commitment under the cooperative agreement. BLM's criteria for projects of this kind. I urge IN THE HOUSE OF REPRESENTATIVES The State of Wyoming has joined the partner- my colleagues to help advance our efforts to ship by giving $700,000 for the Center. The preserve and interpret a significant chapter of Thursday, July 17, 1997 cooperative agreement also requires non-Fed- American history by lending their support for Mr. GEJDENSON. Mr. Speaker, I rise today eral entities to establish a $1 million endow- this legislation. with great sadness to pay tribute to David L. July 17, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1457 Cini, a man who will long be remembered for and Liability Act [CERCLA], commonly called has been overzealous or irrational with its reg- his service to his family, to Connecticut, and to Superfund, must be reformed and reformed ulations and enforcement of Superfund. How- his beloved town of East Lyme. Mr. Cini soon. ever, I realize EPA has a bad law to enforce. passed away yesterday after a long illness. Recently, EPA advised a community in the But why should Congress keep giving EPA The incredible courage he showed these south-central part of my congressional district, funds to implement a bad law? And what in- last years has truly been inspiring. Despite Hastings, NE, that it intends to present the city centive does EPA have to work with Congress physical challenges that would daunt most and three or four potentially responsible par- to reauthorize Superfund if we keep it so well people, Mr. Cini never stopped working. Just ties [PRP's] with a bill for the costs EPA in- funded? Congress must stand up to the pres- last month I joined him on the town's water- curred at the Hastings Groundwater Contami- sure to simply throw money at a problem with- front to announce that a long-held goal of se- nation Site. EPA's Region 7 Administrator has out understanding what we are dealing with. curing funding for a boardwalk had finally confirmed that in the next 2 to 3 months EPA For example, why haven't we asked about the been achieved. For years he has worked to intends to demand payment for costs incurred true nature of risk from hazardous waste sites, bring sensible development to the waterfront between 1983 and 1994. EPA incurred these and why haven't we had a national dialogue area of East Lyme. When we finally open the costs in its investigation, analysis, and study on how to prioritize spending on Superfund boardwalk, it will be with great sorrow that he of contamination in Hastings. The bill appar- sites? will not be there to open it with us. I hope that ently even will include EPA's indirect ex- It's time to ask these questions and to re- the town will see fit to build that boardwalk in penses, such as employee benefits, office form Superfund. The Bipartisan Budget Agree- his honor. costs, expenses, travel, and lodgingÐBelieve ment requires that Congress enact com- Mr. Cini was not well, but he never stopped. it or not! prehensive reform before there is any increase He conducted the town's business and worked As you can imagine, this situation greatly in funding. I urge my colleagues to resist ef- to ensure that everyone he came into contact alarms Hastings and me, since past costs for forts to increase funding for this program and with agreed with him that East Lyme was the the site amount to more than $20 million. EPA to support Superfund reform. best place to live. He passed away while still estimates the city would be responsible for $1 f first selectman, which is, I think, how he pre- to $1.5 million, and the PRP's would be re- ferred it. sponsible for the balance. Unfortunately, EPA DEPARTMENT OF THE INTERIOR His legacy in the town will be one of sound is not expected to allocate responsibility for AND RELATED AGENCIES APPRO- these past costs among the various PRP's. management, low taxes, and sensible im- PRIATIONS ACT, 1998 Thus, the PRP's and the city will need to vol- provements. He has been a tireless fighter for untarily allocate or litigate. As you know, litiga- SPEECH OF his community, representing it since 1980 as tion has been much more common under a board of education member, a selectman, Superfund. Given the large amounts of money HON. DENNIS J. KUCINICH and for the last eight years, first selectman. OF OHIO at stake, this could become a fight for survival. During part of that time, he was active with the You're probably thinking, so what's the big IN THE HOUSE OF REPRESENTATIVES Council of Governments, a regional coordinat- deal? I'll tell youÐHastings is a small town Tuesday, July 15, 1997 ing group on Connecticut's south shore, even with a population of 23,000! The city collects serving as chair at one point. He brought good approximately $5 million in sales and property The House in Committee of the Whole House of the State of the Union had under honor to the town of East Lyme every day he taxes annually. The city can't afford a $1 to came to work. consideration the bill, H.R. 2107, making ap- $1.5 million bill. It can't raise taxes because propriations for the Department of the Inte- Certainly we will all miss David, but those the Nebraska legislature has placed a zero- who will miss him mostÐand in whom his leg- rior and related agencies for the fiscal year spending lid on all Nebraska cities in an effort ending September 30, 1998, and for other pur- acy will endureÐwill be his wife Sally and his to curb taxes, and it can't afford to engage in poses: children: Heather, Holly, and Matt. Matt is fol- costly litigation with the other PRP's. The city Mr. KUCINICH. Mr. Chairman, I rise today lowing in his father's footsteps by serving can ill-afford to lose its business base be- eastern Connecticut's community as a valued to recognize the good work of a local organi- cause it was forced to sue to reduce its liabil- zation in my congressional district, the Greater member of my staff. When I see Matt at work, ity. I see a bit of David; he is certainly his father's Cleveland Chapter of the Korean War Veter- The PRP's can't afford to pay the balance of ans Association, and the contribution they son. the bill. It could bankrupt them. I don't know Mr. Speaker, on Saturday David L. Cini will have made to one of our Nation's memorials. exactly what dollar amount would force the Included in this bill are funds for the National be laid to rest in his beloved town. Reqiescat PRP's out of business, but any large billÐ in pace. Park Service, which oversees our national me- even if it does not amount to $20 millionÐ morials, including the Korean War Veterans' f could severely hamper future business expan- Memorial here in Washington, DC. sion and new job creation in the community. The Cleveland Chapter of the KWVA has an DEPARTMENTS OF VETERANS AF- This is a perfect example of why Superfund, active membership and its leadership includes FAIRS AND HOUSING AND URBAN and especially retroactive liability, needs to be DEVELOPMENT, AND INDEPEND- reformed. Many communities are familiar with Mr. Joe Shearer, who serves as second vice ENT AGENCIES APPROPRIATIONS similar situationsÐa large portion of the pollu- president. Recently, Mr. Shearer brought to ACT, 1998 tion at Hastings occurred early in the century, my attention and to the attention of Senator and any pollution that did occur happened GLENN and others in the Ohio congressional SPEECH OF after hazardous waste laws were enacted. The delegation the troubling story of the condition HON. BILL BARRETT disposal of the responsible materials was of the Korean War Veterans' Memorial. Appar- done according to the law of the day. Since ently the memorial was in a state of disrepair OF NEBRASKA due to problems associated with poor con- IN THE HOUSE OF REPRESENTATIVES then, companies have been bought and sold, the city's management has come and gone, struction and engineering. Wednesday, July 16, 1997 and as a result, there are no real polluters In true American ``can-do'' spirit, Mr. Shear- now in HastingsÐdespite EPA's efforts to er and some of his fellow veterans drove to The House in Committee of the Whole Washington, DC, to personally inform me of House on the State of the Union had under identify them. consideration the bill (H.R. 2158) making ap- This should be a warning to all of us. This this situation. Letters were sent to the Depart- propriations for the Departments of Veter- is not an isolated case. This could happen in ment of the Interior and the National Park ans Affairs and Housing and Urban Develop- any district. Service expressing concerns about the memo- ment, and for sundry independent agencies, But what makes me so frustrated, Mr. Chair- rial. Due to the efforts of Mr. Shearer and commissions, corporations, and offices for man, is that it's our fault. Congress passed other veterans, I have been assured by the the fiscal year ending September 30, 1998, and Superfund. Congress has not been able to re- National Park Service that repairs are cur- for other purposes: form it, even though many of my colleagues rently underway and adequate funds needed Mr. BARRETT of Nebraska. Mr. Chairman, have been working with each other and the to repair the Korean War Memorial have been I'd like to share with my colleagues a small administration to reform it for many years. It's made available. town's recent experience with the Environ- a complex issue, but it shouldn't take this long The Korean War Veterans Memorial is a mental Protection Agency [EPA] which serves or be this hard to do. tribute to those who served in ``the forgotten up yet another reason why the Comprehen- Often I question EPA's judgment, especially war.'' Our Korean war veterans deserve our sive Environmental Response, Compensation, in Hastings' situation, and know the agency utmost respect and deserve a memorial in E1458 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1997 which they can be proud. I applaud Mr. Shear- ans Affairs and Housing and Urban Develop- great benefits for large sectors of our econ- er and his colleague's efforts in helping to me- ment, and for sundry independent agencies, omy, including such diverse industries as agri- morialize the sacrifice that was made by our commissions, corporations, and offices for culture, financial services, insurance, and dis- the fiscal year ending September 30, 1998, and Korean war veterans. I am proud to stand in for other purposes: aster management. salute of a veteran who continues to honor the The ability to predict droughts, floods, and memories of those soldiers who gave their Mr. CAPPS. Mr. Chairman, I rise in support other cataclysmic natural events will reap lives in the Korean war. of this bill and would like to commend Chair- man LEWIS and the ranking member, Mr. huge benefits in lives and dollars for years to f STOKES, for their diligent work on the impor- come. MTPE information will not only be use- DEPARTMENTS OF VETERANS AF- tant programs covered in this legislation. ful for long-range forecasting, but will have FAIRS AND HOUSING AND URBAN As a strong supporter of NASA's Mission to daily applications as well. In agriculture, to use DEVELOPMENT, AND INDEPEND- Planet Earth, I am very pleased that the bill one example, farmers will be better able to an- ENT AGENCIES APPROPRIATIONS before us provides full funding for this critically ticipate irrigation and harvesting needs, and ACT, 1998 important program. disease control and eradication requirements. Mission to Planet Earth will expand our SPEECH OF knowledge of ourselves, our Earth and its in- As NASA programs add to our knowledge of HON. WALTER H. CAPPS credibly complex environmental systems. I am the entire solar systemÐwith the spectacular convinced that we should never shrink from exploits on Mars by Sojourner as the most re- OF CALIFORNIA the opportunity to grasp such critically impor- cent exampleÐwe must not lose sight of all IN THE HOUSE OF REPRESENTATIVES tant information. that we still do not know about our own glori- Wednesday, July 16, 1997 But MTPE will be more than a search for ous world. MTPE will help fill in some of those The House in Committee of the Whole knowledge. With its series of orbiting satellites, gaps about our environmental systems, im- House on the State of the Union had under set to begin launching next year, Mission to proving our quality of life here on Earth while consideration the bill (H.R. 2158) making ap- Planet Earth's ability to accurately monitor and we continue our exploration of the stars and propriations for the Departments of Veter- predict long-term climate variability will have planets Thursday, July 17, 1997 Daily Digest

HIGHLIGHTS Senate passed Foreign Operations Appropriations, 1998. House Committee ordered reported the following appropriations for fis- cal year 1998: Energy and Water Development; and Legislative Branch. Senate making appropriations for foreign operations, export Chamber Action financing, and related programs for the fiscal year Routine Proceedings, pages S7623–S7741 ending September 30, 1998, after taking action on Measures Introduced: Twelve bills and two resolu- further amendments proposed thereto, as follows: tions were introduced, as follows: S. 1026–1037, and Pages S7623±50 S. Con. Res. 40–41. Page S7710 Rejected: By 38 yeas to 61 nays (Vote No. 183), Bingaman Measures Reported: Reports were made as follows: Amendment No. 896, to provide for Cuban-Amer- Special Report entitled ‘‘Further Revised Alloca- ican family humanitarian support and compassionate tion to Subcommittees of Budget Totals from the travel. Pages S7623±24, S7629 Concurrent Resolution for Fiscal Year 1998’’. (S. By 22 yeas to 77 nays (Vote No. 184), Hutchin- Rept. No. 105–50) son Amendment No. 890, to express the sense of the S. 1033, making appropriations for Agriculture, Senate that Most Favored Nations trade status for Rural Development, Food and Drug Administration, China should be revoked. Pages S7623±31 and Related Agencies programs for the fiscal year During consideration of this measure today, Senate ending September 30, 1998. (S. Rept. No. 105–51) also took the following action: H.R. 2016, making appropriations for military By unanimous-consent agreement, Amendment construction, family housing, and base realignment No. 915, agreed to on Wednesday, July 16, 1997, and closure for the Department of Defense for the was modified. Pages S7632±33 fiscal year ending September 30, 1998, with amend- ments. (S. Rept. No. 105–52) Treasury/Postal Service Appropriations, 1998: S. 1034, making appropriations for the Depart- Senate passed S. 1023, making appropriations for the ments of Veterans Affairs and Housing and Urban Treasury Department, the United States Postal Serv- Development, and for sundry independent agencies, ice, the Executive Office of the President, and cer- commissions, corporations, and offices for fiscal year tain Independent Agencies, for the fiscal year ending ending September 30, 1998, and for other purposes. September 30, 1998, after taking action on amend- (S. Rept. No. 105–53) ments proposed thereto, as follows: S. 1032, to amend the Foreign Assistance Act of Pages S7652±69, S7689±S7704 1961 with respect to the authority of the Overseas Adopted: Private Investment Corporation to issue insurance Campbell Amendment No. 921, to establish regu- and extend financing. lations concerning the importation of certain fish, as S. Con. Res. 40, expressing the sense of Congress amended. Pages S7653±58, S7691 regarding the OAS-CIAV Mission in Nicaragua. Brownback Amendment No. 922 (to Amendment S. Con. Res. 41, calling for a United States initia- No. 921), to provide that Members of Congress shall tive seeking a just and peaceful resolution of the sit- not receive a cost of living adjustment in pay during Page S7654 uation on Cyprus. Pages S7708±09 fiscal year 1998. Campbell Amendment No. 923, of a technical na- Measures Passed: ture. Pages S7658±59 Foreign Operations Appropriations, 1998: By 91 Campbell Amendment No. 924, of a technical na- yeas to 8 nays (Vote No. 185), Senate passed S. 955, ture. Page S7659 D774 July 17, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D775 Campbell (for Mikulski) Amendment No. 926, to of the counterdrug intelligence centers and activities exclude night differential pay from the prohibition of the United States. Page S7699 of pay for hours not worked. Page S7660 Campbell (for Hatch) Amendment No. 942, to By 83 yeas to 17 nays (Vote No. 186), Feinstein provide for a national media campaign focused on Amendment No. 927, to allow postal patrons to preventing youth drug abuse. Pages S7703±04 contribute to funding for breast-cancer research Hutchison Amendment No. 943, to establish par- through the voluntary purchase of certain specially ity among the countries that are parties to the North issued United States postage stamps. Pages S7661±67 American Free Trade Agreement with respect to the Thomas Modified Amendment No. 929, to limit personal allowance for duty-free merchandise pur- the use of funds to provide for Federal agencies to chased abroad by returning residents. Page S7704 furnish commercially available property or services to A unanimous-consent agreement was reached pro- other Federal agencies. Pages S7666, S7668±69 viding that S. 1023 remain at the desk pending re- Hatch Amendment No. 930, to establish the pro- ceipt of the House companion measure, that all after cedure for adjusting future compensation of justices the enacting clause be stricken and the text of S. and judges of the United States. Page S7668 1023, as passed by the Senate, be inserted in lieu Campbell (for Lott/Daschle) Amendment No. 931, thereof, that the bill be passed, the Senate insist on to amend the Federal Election Campaign Act of its amendment, request a conference with the House 1971. Page S7669 thereon, the Chair be authorized to appoint conferees Kohl (for Daschle) Amendment No. 933, to clar- on the part of the Senate, that the passage of S. ify the limitation on undertaking a field support re- 1023 be vitiated, and S. 1023 be indefinitely post- organization in Aberdeen, South Dakota. poned. Page S7669 Pages S7691±92 A unanimous-consent agreement was reached pro- Campbell (for Collins) Amendment No. 934, to viding for further consideration of the bill and reduce certain funding for the Office of Inspector amendments pending thereto, on Monday, July 21, General, Department of the Treasury, and to pro- 1997, with a vote on final passage to occur thereon. hibit the use of funds for the Inspector General for Page S7741 certain advisory and assistance services. Page S7692 VA/HUD Appropriations—Agreement: A unani- Kohl Amendment No. 935, to provide funds for mous-consent agreement was reached providing for the Youth Gun Crime Initiative. Page S7694 the consideration of S.1034/H.R. 2158, making ap- Faircloth/Shelby Amendment No. 932, to remove propriations for the Departments of Veterans Affairs computer games from government computers. and Housing and Urban Development, and for sun- Pages S7694±95 dry independent agencies, commissions, corporations, Campbell (for Abraham) Amendment No. 938, to and offices for the fiscal year ending September 30, provide for Members of Congress to voluntarily dis- 1998, at 3 p.m. on Monday, July 21, 1997. close participation in Federal retirement systems in Page S7741 the annual financial disclosure forms. Page S7698 Nominations Confirmed: Senate confirmed the fol- Campbell Amendment No. 939, to provide disas- lowing nominations: ter assistance to the County of Arapahoe, Colorado. By 88 yeas to 11 nays (Vote No. 187 EX), Joel Pages S7698±99 I. Klein, of the District of Columbia, to be an As- Pending: sistant Attorney General. Pages S7669±88, S7741 Campbell (for DeWine) Amendment No. 936, to By unanimous vote of 100 yeas (Vote No. 188 prohibit the use of funds to pay for an abortion or EX), Eric H. Holder, Jr., of the District of Colum- pay for the administrative expenses in connection bia, to be Deputy Attorney General. with certain health plans that provide coverage for Pages S7688±89, S7741 abortions. Page S7694 Nominations Received: Senate received the follow- Kohl (for Bingaman) Amendment No. 937, to ing nomination: strike provisions prohibiting the use of appropriated Felix George Rohatyn, of New York, to be Am- funds for the sole source procurement of energy con- bassador to France. Page S7741 servation measures. Pages S7695±98 Campbell (for Coverdell/Feinstein) Amendment Messages From the House: Page S7708 No. 940, to provide that Federal employees con- Measures Placed on Calendar: Page S7708 victed of certain bribery and drug-related crimes Communications: Page S7708 shall be separated from service. Page S7699 Campbell (for Coverdell) Amendment No. 941, to Executive Reports of Committees: Pages S7709±10 require a plan for the coordination and consolidation Statements on Introduced Bills: Pages S7710±32 D776 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1997

Additional Cosponsors: Page S7732 H.R. 2016, making appropriations for military Amendments Submitted: Pages S7733±36 construction, family housing, and base realignment and closure for the Department of Defense for the Notices of Hearings: Page S7736 fiscal year ending September 30, 1998, with amend- Authority for Committees: Pages S7736±37 ments. Additional Statements: Pages S7737±41 APPROPRIATIONS—AMTRAK Record Votes: Six record votes were taken today. Committee on Appropriations: Subcommittee on Trans- (Total—188) Pages S7629, S7631, S7634, S7688±89 portation and Related Agencies concluded hearings Adjournment: Senate convened at 9:30 a.m., and on proposed budget estimates for fiscal year 1998 for adjourned at 8:25 p.m., until 12 noon, on Monday, the National Railroad Passenger Corporation (Am- July 21, 1997. (For Senate’s program, see the re- trak), focusing on the calculation of ‘‘excess’’ railroad marks of the Acting Majority Leader in today’s retirement payments, after receiving testimony from Record on page S7741.) Steven A. Bartholow, Deputy General Counsel, and Frank Buzzi, Chief Actuary, both of the U.S. Rail- road Retirement Board; Jacob J. Lew, Deputy Direc- Committee Meetings tor, Office of Management and Budget; Mortimer L. Downey, Deputy Secretary of Transportation; and (Committees not listed did not meet) Thomas M. Downs, President and Chairman, and NORTHERN FOREST STEWARDSHIP ACT Thomas J. Gillespie, Jr., Vice President, Govern- ment Affairs, both of the National Railroad Pas- Committee on Agriculture, Nutrition, and Forestry: Sub- senger Corporation (Amtrak). committee on Forestry, Conservation, and Rural Re- vitalization concluded hearings on S. 546, to author- NOMINATION ize the Secretary of Agriculture to provide technical Committee on Armed Services: Committee concluded assistance for sustainable forest management, assist hearings on the nomination of Rudy deLeon, of Cali- in coordinating ecological and economic research and fornia, to be Under Secretary of Defense for Person- implementation of interstate and Northern Forest nel and Readiness, after the nominee testified and Lands Council policies, and provide technical and fi- answered questions in his own behalf. nancial assistance for State conservation land plan- ning and acquisition and rural community assistance, AUTHORIZATION—EXPORT/IMPORT after receiving testimony from James R. Lyons, BANK Under Secretary of Agriculture for Natural Resources Committee on Banking, Housing, and Urban Affairs: and Environment; John P. Cahill, New York State Subcommittee on International Finance concluded Department of Environmental Conservation, Albany; hearings on S. 1026, authorizing funds for the Ex- Brendan J. Whittaker, Vermont Natural Resources port-Import Bank of the United States, after receiv- Council, Guildhall; Stephen W. Schley, Pingree As- ing testimony from James A. Harmon, President and sociates, Inc., Bangor, Maine, on behalf of the Maine Chairman, Export-Import Bank of the United States; Forest Products Council; John E. Sargent, Stuart E. Eizenstat, Under Secretary of State for Eco- Chichester, New Hampshire; and David W. Guern- nomic and Business Affairs, on behalf of the Trade sey, Kingfield, Maine. Promotion Coordinating Committee; JayEtta Hecker, Associate Director, International Relations and Trade APPROPRIATIONS—AGRICULTURE/VA/ Issues, National Security and International Affairs HUD/MILITARY CONSTRUCTION Division, General Accounting Office; Noor Doja, Committee on Appropriations: Committee ordered favor- Minnesota Export Finance Authority, on behalf of ably reported the following bills: the National Association of State Development An original bill (S. 1033) making appropriations Agencies and Minnesota Trade Office, and Richard for agriculture programs, conservation programs, P. Ferris, Norwest Bank Minnesota, National Asso- rural economic and community development, domes- ciation, both of Minneapolis, Minnesota; Gary W. tic food programs, foreign assistance and related pro- Groom, Raytheon Engineers & Constructors Inter- grams, and the Food and Drug Administration for national, Lexington, Massachusetts, on behalf of the the fiscal year ending September 30, 1998; National Association of Manufacturers; William M. An original bill (S. 1034) making appropriations Murray, Fuller Company, Bethlehem, Pennsylvania, for the Departments of Veterans Affairs and Housing on behalf of the National Foreign Trade Council, and Urban Development, and for sundry agencies, Inc.; Ian Vasquez, Cato Institute, Washington, D.C.; commissions, corporations, and offices for the fiscal and Edward F. Carter, Harza Engineering Company, year ending September 30, 1998; and Chicago, Illinois. July 17, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D777 HUD REBUILDING AND LOAN GUARANTY Director of the National Park Service, and Kathleen PROGRAM M. Karpan, of Wyoming, to be Director of the Of- Committee on Banking, Housing, and Urban Affairs: fice of Surface Mining Reclamation and Enforce- Subcommittee on Financial Institutions and Regu- ment, all of the Department of the Interior, and latory Relief concluded hearings to examine the sta- Kneeland C. Youngblood, of Texas, to be a Member tus of Federal efforts to investigate and prosecute in- of the Board of Directors of the United States En- dividuals responsible for church arson, focusing on richment Corporation, after the nominees testified the implementation of the Department of Housing and answered questions in their own behalf. Mr. and Urban Development rebuilding and loan guar- Shea was introduced by Senators Hatch and Bennett, anty program which guarantees private sector loans Mr. Stanton was introduced by Senators Sarbanes and to assist nonprofit organizations, including churches, Warner, and Ms. Karpan was introduced by Senator in financing the rebuilding of facilities damaged or Thomas. destroyed by arson or terrorism, after receiving testi- mony from Andrew Cuomo, Secretary of Housing OKLAHOMA CITY MEMORIAL/TRINITY and Urban Development; James E. Johnson, Assist- LAKE DESIGNATION/EVERGLADES ant Secretary of the Treasury for Enforcement, and WILDERNESS Isabelle Katz Pinzler, Acting Assistant Attorney Committee on Energy and Natural Resources: Sub- General, Civil Rights Division, Department of Jus- committee on National Parks, Historic Preservation, tice, both on behalf of the National Church Arson and Recreation concluded hearings on S. 871, to es- Task Force; Mark Logan, Special Agent in Charge tablish the Oklahoma City National Memorial at the (Charlotte Field Division), Bureau of Alcohol, To- site of the bombing incident at the Alfred P. Murrah bacco and Firearms, Department of the Treasury; Al- Federal Building, to designate the memorial a unit bert M. Pennybacker, National Council of the of the National Park Service, and establish the Okla- Churches of Christ in the U.S.A., and Sullivan Rob- homa City Memorial Trust to oversee the develop- inson, Congress of National Black Churches, Inc., ment and operation of the memorial, S. 895, to des- both of Washington, D.C.; Larry Hill, Matthews ignate the reservoir created by Trinity Dam in the Murkland Presbyterian Church, Charlotte, North Central Valley project, California, and designated as Carolina; and Shirley F. Hines, Greater Mount Zion ‘‘Clair Engle Lake’’ is redesignated as ‘‘Trinity Lake’’, Tabernacle Church Rebuilding Project, Portsmouth, and S. 931, to designate the Marjory Stoneman Virginia. Douglas Wilderness and the Ernest F. Coe Visitor Center in Everglades National Park, after receiving AUTO CHOICE REFORM ACT testimony from Katherine H. Stevenson, Associate Committee on Commerce, Science, and Transportation: Director of Cultural Resource Stewardship and Part- Committee held hearings on S. 625, to provide for nerships, National Park Service, Department of the competition between forms of motor vehicle insur- Interior; and Joseph B. Browder, Friends of the Ever- ance, to permit an owner of a motor vehicle to glades, Washington, D.C. choose the most appropriate form of insurance, to guarantee affordable premiums, and to provide for GLOBAL WARMING more adequate and timely compensation for accident Committee on Environment and Public Works: Commit- victims, receiving testimony from Senators tee concluded hearings to examine the causes, im- Lieberman, McConnell, and Moynihan; Representa- pacts, and uncertainties of global climate change, tives Armey and Saxton; Jeffrey O’Connell, Univer- after receiving testimony from Timothy E. Wirth, sity of Virginia Law School, Charlottesville; Harvey Under Secretary of State for Global Affairs; Janet Rosenfield, Proposition 103 Enforcement Project, Yellen, Chair, Council of Economic Advisers; Kevin and Stephen Carroll, Rand, both of Santa Monica, J. Fay, International Climate Change Partnership, California; Peter Kinzler, Coalition for Auto-Insur- Arlington, Virginia; and William O’Keefe, Global ance Reform, Alexandria, Virginia; Tim Ryles, Ryles Climate Coalition, Washington, D.C. Resource Group, Newborn, Georgia; and Andrew Tobias, New York, New York. Hearings were recessed subject to call. BUSINESS MEETING Committee on Foreign Relations: Committee ordered fa- NOMINATIONS vorably reported the following business items: Committee on Energy and Natural Resources: Committee An original bill (S. 1032) to amend the Foreign concluded hearings on the nominations of Patrick A. Assistance Act of 1961 with respect to the authority Shea, of Utah, to be Director of the Bureau of Land of the Overseas Private Investment Corporation to Management, Robert G. Stanton, of Virginia, to be issue insurance and extend financing; D778 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1997 S. Res. 98, expressing the sense of the Senate re- CAMPAIGN FINANCING INVESTIGATION garding the conditions for the United States becom- Committee on Governmental Affairs: Committee contin- ing a signatory to any international agreement on ued hearings, in open and closed sessions, to examine greenhouse gas emissions under the United Nations certain matters with regard to the committee’s spe- Framework Convention on Climate Change; cial investigation on campaign financing, receiving An original concurrent resolution (S. Con. Res. testimony from John H. Cobb, Counsel to Special 40) expressing the sense of the Congress that the Investigation, Committee on Governmental Affairs; OAS–CIAV Mission in Nicaragua is to be congratu- and Paula V. Greene, Stephens Inc., Washington, lated for its defense of human rights, promotion of D.C. peaceful conflict resolution, and contribution to the Hearings will continue on Wednesday, July 23. development of freedom and democracy in Nica- BUSINESS MEETING ragua; An original concurrent resolution (S. Con. Res. Committee on the Judiciary: Committee resumed mark 41) calling for a United States initiative seeking a up of S. 10, to reduce violent juvenile crime, pro- just and peaceful resolution of the situation in Cy- mote accountability by juvenile criminals, and pun- prus; and ish and deter violent gang crime, but did not com- The nominations of A. Peter Burleigh, of Califor- plete action thereon, and will meet again on nia, to be the Deputy Representative of the United Wednesday, July 23. States of America to the United Nations, with the VISA WAIVER PILOT PROGRAM rank and status of Ambassador, Ralph Frank, of Committee on the Judiciary: Subcommittee on Immi- Washington, to be Ambassador to the Kingdom of gration concluded hearings on proposals to extend Nepal, Gordon D. Giffin, of Georgia, to be Ambas- the Visa Waiver Pilot Program established by the sador to Canada, John C. Holzman, of Hawaii, to be Immigration Reform and Control Act of 1986, in- Ambassador to the People’s Republic of Bangladesh, cluding S. 290, to establish a visa waiver pilot pro- Karl Frederick Inderfurth, of North Carolina, to be gram for nationals of Korea who are traveling in Assistant Secretary of State for South Asian Affairs, tour groups to the United States, after receiving tes- David J. Scheffer, of Virginia, to be Ambassador at timony from Senators Murkowski and Inouye; Rep- Large for War Crime Issues, Richard Sklar, of Cali- resentative Kim; Mary A. Ryan, Assistant Secretary fornia, to be Representative of the United States to of State for Consular Affairs; Michael D. Cronin, As- the United Nations for U.N. Management and Re- sistant Commissioner for Inspections, Inspections Di- form, with the rank of Ambassador, Linda Jane Zack vision, Immigration and Naturalization Service, De- Tarr-Whelan, of Virginia, for the rank of Ambas- partment of Justice; Virginia Governor George sador during her tenure of service as United States Allen, Richmond; Hawaii Lieutenant Governor Representative to the Commission on the Status of Mazie K. Hirono, Honolulu; and Janet Thomas, Air Women of the Economic and Social Council of the Transport Association of America, Washington, D.C. United Nations, and two Foreign Service Officer CHILD CARE QUALITY promotion lists. Committee on Labor and Human Resources: Committee BOSNIA PEACE AGREEMENT held hearings on proposals to improve the quality of child care in the United States, including the pro- Committee on Foreign Relations: Subcommittee on Eu- posed Creating Improved Delivery of Child Care: Af- ropean Affairs concluded hearings to examine the fordable, Reliable, and Educational Act of 1997, re- current situation in Bosnia-Herzegovina and United ceiving testimony from Senators Mack and Graham; States and international efforts to implement the Representatives Gilman and Deutsch; Ted Childs, 1995 Dayton peace accords, after receiving testimony Jr., IBM Corporation, North Tarrytown, New York; from Robert S. Gelbard, Special Representative of William Waldman, New Jersey Department of the President and the Secretary of State for Imple- Human Services, Trenton; Deborah Lowe Vandell, mentation of the Dayton Peace Accords; Harold J. University of Wisconsin, Madison, on behalf of the Johnson, Associate Director, International Relations NICHD Early Child Care Research Network; James and Trade Issues, National Security and International M. Poole, Raleigh, North Carolina, on behalf of the Affairs Division, General Accounting Office; and American Academy of Pediatrics; Lynn Behrmann, Morton I. Abramowitz, International Crisis Group, Manchester, Connecticut; and Mark and Julie and John W. Heffernan, Coalition for International Fiedelholtz, Plantation, Florida. Justice, both of Washington, D.C. Hearings were recessed subject to call. July 17, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D779 House of Representatives Amendment Pending: Chamber Action The Mink amendment was offered that seeks to Bills Introduced: 23 public bills, H.R. 2180–2202, require states that fund programs for homemakers, and 3 resolutions, H. Con. Res. 117, and H. Res. single parents, and pregnant women and programs 188 and 190, were introduced. Pages H5485±87 that promote gender equity to be funded at the same Reports Filed: Reports were filed today as follows: level as in fiscal year 1997. Pages H5432±40 H. Res. 189, providing for consideration of H.R. H. Res. 187, the rule that is providing for consid- 2169, making appropriations for the Department of eration of the bill was agreed to earlier by a voice Transportation and related agencies for the fiscal year vote. Pages H5413±14 ending September 30, 1998 (H. Rept. 105–189); Agriculture Appropriations: The House continued and consideration of H.R. 2160, making appropriations Supplemental Report on the Revised Subdivision for Agriculture, Rural Development, Food and Drug of Budget Totals for Fiscal Year 1998 (H. Rept. Administration, and Related Agencies programs for 105–185 Part II). Page H5485 the fiscal year ending September 30, 1998. The Intelligence Authorization Act: The House passed House completed general debate on Wednesday, July S. 858, to authorize appropriations for fiscal year 16. Further consideration of the bill will continue at 1998 for intelligence and intelligence-related activi- a later date. Pages H5441±48 ties of the United States Government, the Commu- Agreed by a yea and nay vote of 259 yeas to 165 nity Management Account, and the Central Intel- nays, Roll No. 281, to resolve into the Committee ligence Agency Retirement and Disability System, of the Whole for the further consideration of H.R. after amending it to contain the text of H.R. 1775, 2160. Subsequently, agreed to table the motion to a similar House-passed measure. Subsequently, H.R. reconsider by a recorded vote of 238 ayes to 188 1775 was then laid on the table. Pages H5410±13 noes, Roll No. 282. Pages H5441±42 The House then insisted on its amendment to S. Agreed To: 858 and requested a conference with the Senate. Ap- The Stenholm amendment that strikes language pointed as conferees from the Permanent Select relating to conveyance of the Pecan Genetics and Committee on Intelligence for consideration of the Improvement Research Laboratory; and Senate bill, and the House amendment, and modi- Pages H5445±46 fications committed to conference: Representatives The Callahan amendment that increases Coopera- Goss, Young of Florida, Lewis of California, Shuster, tive State Research, Education, and Extension Service McCollum, Castle, Boehlert, Bass, Gibbons, Dicks, Research and Education Activities funding by Dixon, Skaggs, Pelosi, Harman, Skelton, and Bishop. $500,000 for a agricultural research project dealing And, as conferees from the Committee on National with forestry and water quality at Auburn Univer- Security, for consideration of defense tactical intel- sity. Page H5447 ligence and related activities: Representatives Spence, Rejected the motion that the Committee rise by Stump, and Dellums. Page H5413 a recorded vote of 191 ayes to 233 noes, Roll No. Carl D. Perkins Vocational-Technical Education 283. Pages H5443±44 Act: The House completed debate and began consid- Rejected the motion that the Committee rise by ering amendments to H.R. 1853, to amend the Carl a recorded vote of 189 ayes to 232 noes, Roll No. D. Perkins Vocational and Applied Technology Edu- 284. Page H5446 cation Act. Further consideration of the bill will Agreed to the motion that the Committee rise by continue at a later date. Pages H5413±40 a recorded vote of 344 ayes to 73 noes, Roll No. Agreed To: 285. Page H5448 The Goodling amendment that changes the with- in state funding formula to distribute funds to Meeting Hour—Monday, July 21: Agreed that school districts; raises the minimum grant amount when the House adjourns today, it adjourn to meet for various programs; and makes other changes relat- at noon on Monday, July 21. Page H5448 ing to rural area reserves, allotment for urban areas, Meeting Hour—Tuesday, July 22: Agreed that parental involvement, vocation education perform- when the House adjourns on Monday, it adjourn to ance standards, and assessments to include vocational meet at 12:30 on Tuesday, July 22, for Morning proficiencies. Pages H5428±32 Hour debate. Page H5448 D780 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1997 Calendar Wednesday: Agreed that the business in on Campus Crime and Regulatory Reform. Testi- order under the Calendar Wednesday rule be dis- mony was heard from public witnesses. pensed with on Wednesday, July 23. Page H5448 Hearings continue July 22. Amendments: Amendments ordered printed pursu- NATIONAL DRUG CONTROL POLICY ant to the rule appear on page H5488. Committee on Government Reform and Oversight: Sub- Quorum Calls—Votes: One yea-and-nay vote and committee on National Security, International Af- four recorded votes developed during the proceedings fairs, and Criminal Justice continued hearings on of the House today and appear on pages H5441, National Drug Control Policy: Drug Interdiction Ef- H5441–42, H5443–44, H5446, and H5448. There forts in Florida and the Caribbean. Testimony was were no quorum calls. heard from Speaker Gingrich; the following officials Adjournment: Met at 10:00 a.m. and adjourned at of the U.S. Customs Service, Department of the 7:40 p.m. Treasury: Samuel Banks, Deputy Commissioner; Peter Girard, Group Supervisor for Cargo Theft Miami Seaport, Office of Investigations; and Mike Committee Meetings Sinclair, Chief of Miami Seaport Cargo, Inspection USDA’S CIVIL RIGHTS ACTION TEAM Team; James Milford, Deputy Administrator, DEA, REPORT Department of Justice; Rear Adm. Norman Saun- Committee on Agriculture: Held a hearing to review the ders, USCG, Commander, Seventh Coast Guard Dis- USDA’s Civil Rights Action Team Report. Testi- trict, U.S. Coast Guard, Department of Transpor- mony was heard from Representatives Waters and tation; James H. Wallwork, Commissioner, Water- Conyers; and Dan Glickman, Secretary of Agri- front Commission of New York Harbor; and public culture. witnesses. ENERGY AND WATER DEVELOPMENT AND INSPECTOR GENERAL’S OVERSIGHT— LEGISLATIVE BRANCH APPROPRIATIONS STATE DEPARTMENT AND AID Committee on Appropriations: Ordered reported the fol- Committee on International Relations: Held a hearing on lowing appropriations for fiscal year 1998: Energy Inspector General’s Oversight of the Department of and Water Development; and Legislative Branch. State and Agency for International Development. Testimony was heard from Jacquelyn L. Williams- DISTRICT OF COLUMBIA APPROPRIATIONS Bridgers, Inspector General, Department of State; Committee on Appropriations: Subcommittee on the Jeffrey Rush, Inspector General, AID, U.S. Inter- District of Columbia continued appropriation hear- national Development Cooperation Agency; and a ings. Testimony was heard from Members of Con- public witness. gress and public witnesses. INTERNET TAX FREEDOM ACT FINANCIAL SERVICES COMPETITIVENESS Committee on the Judiciary: Subcommittee on Com- ACT mercial and Administrative Law held a hearing on Committee on Commerce: Subcommittee on Finance and H.R. 1054, Internet Tax Freedom Act. Testimony Hazardous Materials held a hearing on H.R. 10, Fi- was heard from Senator Wyden; Representative Cox nancial Services Competitiveness Act of 1997. Testi- of California; and public witnesses. mony was heard from Arthur Levitt, Jr., Chairman, SEC; Alan Greenspan, Chairman, Board of Gov- OVERSIGHT—U.S. COMMISSION ON CIVIL ernors, Federal Reserve System; the following offi- RIGHTS cials of the Department of the Treasury: John D. Committee on the Judiciary: Subcommittee on the Con- Hawke, Under Secretary, Domestic Finance; Eugene stitution held an oversight hearing on the U.S. Com- A. Ludwig, Comptroller and Nicolas Retsinas, Di- mission on Civil Rights. Testimony was heard from rector, Office of Thrift Supervision; William J. Baer, Cornelia Blanchette, Associate Director, Employment Director, Bureau of Competition, FTC; Andrew C. and Education Issues, GAO; the following officials of Hove, Jr., Chairman, FDIC; and public witnesses. the U.S. Commission on Civil Rights: Mary Frances Hearings continue July 25th. Berry, Chairperson; and Carl Anderson, Commis- HIGHER EDUCATION AMENDMENTS sioner; and public witnesses. Committee on Education and the Workforce: Subcommit- OVERSIGHT—FAIRNESS IN MUSIC tee on Postsecondary Education,Training and Life- LICENSING Long Learning continued hearings on H.R. 6, High- Committee on the Judiciary: Subcommittee on Courts er Education Amendments of 1997, with emphasis and Intellectual Property held an oversight hearing July 17, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D781 on Fairness in Music Licensing. Testimony was heard an appropriations bill) against provisions in the bill from Robert Stoll, Administrator, Office of Legisla- except as otherwise specified in the rule. tive Affairs, Patent and Trademark Office, Depart- The rule provides that the amendment printed in ment of Commerce; Marybeth Peters, Register of section 2 of the resolution shall be considered as Copyrights, Library of Congress; and public wit- adopted. The rule authorizes the Chair to accord pri- nesses. ority in recognition to Members who have pre-print- ed their amendments in the Congressional Record. NATO EXPANSION The rule allows the Chairman of the Committee of Committee on National Security: Held a hearing on the Whole to postpone votes during consideration of NATO expansion. Testimony was heard from Walter the bill, and to reduce to five minutes on a post- Slocombe, Under Secretary, Policy, Department of poned question if the vote follows a fifteen minute Defense; John Kornblum, Assistant Secretary, Euro- vote. Finally, the rule provides one motion to recom- pean and Canadian Affairs, Department of State; and mit, with or without instructions. Testimony was public witnesses. heard from Representatives Wolf, Shuster, Sabo and Oberstar. OVERSIGHT Committee on Resources: Subcommittee on Fisheries ECONOMIC DEVELOPMENT Conservation, Wildlife & Oceans held an oversight ADMINISTRATION AND APPALACHIAN hearing to review the final outcome of the Tenth REGIONAL COMMISSION Meeting of the Conference of the Parties to the Con- REAUTHORIZATIONS vention on International Trade in Endangered Spe- Committee on Transportation and Infrastructure: Sub- cies of Wild Fauna and Flora (CITES). Testimony committee on Public Buildings and Economic De- was heard from Donald J. Barry, Acting Assistant velopment concluded hearings on the Reauthoriza- Secretary, Fish and Wildlife and Parks, Department tion of the Economic Development Administration of the Interior. and the Appalachian Regional Commission. Testi- OVERSIGHT mony was heard from Representatives Kanjorski and McGovern; and public witnesses. Committee on Resources: Subcommittee on Water and Power held an oversight hearing on Compliance by AGGRESSIVE DRIVING certain Departments with the Government Perform- ance and Results Act. Testimony was heard from Committee on Transportation and Infrastructure: Sub- Susan D. Kladiva, Acting Associate Director, Energy committee on Surface Transportation held a hearing Resources, and Science Issues, GAO; the following on Road Rage: Causes and Dangers of Aggressive officials of the Department of the Interior: Eluid L. Driving. Testimony was heard from Ricardo Mar- Martinez, Commissioner, Bureau of Reclamation; tinez, M.D., Administrator, National Highway Traf- and Gordon P. Eaton, Director, U.S. Geological Sur- fic Safety Administration, Department of Transpor- vey; and Robert Sanmartin, Executive Director, En- tation; and public witnesses. ergy and Resources Board, Department of Energy. SEXUAL HARASSMENT WITHIN VA TRANSPORTATION APPROPRIATIONS Committee on Veterans’ Affairs: Subcommittee on Over- Committee on Rules: Granted, by voice vote, an open sight and Investigations continued hearings on sex- rule providing 1 hour of debate on H.R. 2169, mak- ual harassment issues involving senior career man- ing appropriations for the Department of Transpor- agers within the Department of Veterans Affairs and tation and related agencies for the fiscal year ending H.R. 1703, the Department of Veterans Affairs Em- September 30, 1998. The rule waives clause 2(I)(6) ployment Discrimination Prevention Act. Testimony of rule XI (relating to the 3-day availability of the was heard from Senator Faircloth and the following report), clause 7 of rule XXI (relating to the 3-day officials of the Department of Veterans Affairs: availability of printed hearings), and section 401(a) Hershel W. Gober, Acting Secretary; and William (prohibiting consideration of legislation containing T. Merriman, Deputy Inspector General. contract authority not previously subject to appro- priation) of the Congressional Budget Act of 1974 HCFA’S FINANCIAL STATEMENTS AUDIT against consideration of the bill. Committee on Ways and Means: Subcommittee on The rule waives clause 6 of rule XXI (prohibiting Health held a hearing on the Inspector General’s reappropriations in an appropriations bill) against Audit of Health Care Financing Administration’s Fi- provisions in the bill and clause 2 of rule XXI (pro- nancial Statements. Testimony was heard from the hibiting unauthorized and legislative provisions in following officials of the Department of Health and D782 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1997 Human Services: June Gibbs Brown, Inspector Gen- Human Services, and Education, and related agencies for eral; and Bruce Vladeck, Administrator, Health Care the fiscal year ending September 30, 1998, 9 a.m., Financing Administration. SD–192. f July 22 and 24, Full Committee, Tuesday, business meeting, to mark up proposed legislation making appro- COMMITTEE MEETINGS FOR FRIDAY, priations for the Department of Transportation and relat- JULY 18, 1997 ed agencies for the fiscal year ending September 30, 1998, and H.R. 2107, making appropriations for the De- (Committee meetings are open unless otherwise indicated) partment of the Interior for the fiscal year ending Sep- Senate tember 30, 1998, 2:30 p.m.; Thursday, business meeting, to mark up proposed legislation making appropriations Committee on Appropriations, Subcommittee on Interior, for the Departments of Labor, Health and Human Serv- business meeting, to mark up proposed legislation mak- ing appropriations for the Department of the Interior and ices, and Education, and related agencies for the fiscal related agencies for the fiscal year ending September 30, year ending September 30, 1998, 9:30 a.m.; SD–106. 1998, 10 a.m., SD–124. July 23, Subcommittee on District of Columbia, to re- sume hearings on proposed budget estimates for fiscal House year 1998 for the government of the District of Colum- No committee meetings are scheduled. bia, focusing on the Departments of Health, Human Services, and Public Works, 10 a.m., SD–192. f Committee on Armed Services: July 24, to hold hearings CONGRESSIONAL PROGRAM AHEAD on the nomination of John J. Hamre, of South Dakota, to be Deputy Secretary of Defense, 9:30 a.m., SR–222. Week of July 21 through 26, 1997 Committee on Commerce, Science, and Transportation: July 24, to hold hearings to review a General Accounting Of- Senate Chamber fice report relating to program efficiencies at the National On Monday, Senate will consider S. 1034/H.R. Aeronautics and Space Administration (NASA) and the 2158, VA/HUD Appropriations, and resume consid- National Science Foundation (NSF), 9:30 a.m., SR–253. eration of S. 1023, Treasury/Postal Service Appro- Committee on Energy and Natural Resources: July 22, to priations, with a vote on final passage to occur there- hold hearings to review the Department of the Interior’s on. handling of the Ward Valley land conveyance, S. 964, During the week, Senate expects to consider the proposed Ward Valley Land Transfer Act, and related following appropriations bills: matters, 9 a.m., SD–366. H.R. 2016, Military Construction Appropriations; July 23, Full Committee, business meeting, to consider S. 1033, Agriculture Appropriations; and pending calendar business; to be followed by hearings to examine natural gas issues, focusing on the world energy S. 1022, Commerce, Justice, State Appropriations; supply and demand to the year 2015, the role of govern- and may consider S. 39, International Dolphin Con- ment in large scale gas projects in foreign countries, and servation Program Act, and S. 830, FDA Moderniza- emerging technologies in gas field development that are tion and Accountability Act. making natural gas more economical to market, 9:30 Senate will also consider any cleared legislative a.m., SD–366. and executive business. July 24, Subcommittee on Forests and Public Land (Senate will recess on Tuesday, July 22, 1997 from Management, to hold hearings on S. 1028 and H.R. 858, 12:30 p.m. until 2:15 p.m. for respective party con- bills to direct the Secretary of Agriculture to conduct a ferences.) pilot project on designated lands within Plumas, Lassen, and Tahoe National Forests in California to demonstrate Senate Committees the effectiveness of the resource management activities (Committee meetings are open unless otherwise indicated) proposed by the Quincy Library Group and to amend Committee on Agriculture, Nutrition, and Forestry: July 22, current land and resource management plans for these na- to hold hearings to examine certain clean air issues with tional forests to consider the incorporation of these re- regard to agriculture, 9:30 a.m., SR–332. source management activities, 10 a.m., SD–366. July 23, Full Committee, to hold hearings on the July 24, Subcommittee on National Parks, Historic nominations of Catherine E. Woteki, of the District of Preservation, and Recreation, to hold hearings to review Columbia, to be Under Secretary of Agriculture for Food the process by which the National Park Service deter- Safety, and Shirley Robinson Watkins, of Arkansas, to be mines the suitability and feasibility of new areas to be Under Secretary of Agriculture for Food, Nutrition, and added to the National Park System, and to examine the Consumer Services, 9 a.m., SR–332. criteria used to determine national significance, 2 p.m., Committee on Appropriations: July 22, Subcommittee on SD–366. Labor, Health and Human Services, and Education, busi- Committee on Environment and Public Works: July 24, ness meeting, to mark up proposed legislation making business meeting, to consider the nomination of Jamie appropriations for the Departments of Labor, Health and Rappaport Clark, of Maryland, to be Director of the July 17, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D783

United States Fish and Wildlife Service, 9:30 a.m., ization of 1997, proposed Workforce Improvement Part- SD–406. nership Act, and to consider pending nominations, 9:30 July 24, Subcommittee on Clean Air, Wetlands, Pri- a.m., SD–430. vate Property, and Nuclear Safety, to hold hearings to ex- July 24, Full Committee, to hold hearings on proposed amine ozone and particulate matter standards promul- legislation authorizing funds for programs of the Higher gated by the Environmental Protection Agency, 9:45 Education Act, focusing on title IV, 10 a.m., SD–430. a.m., SD–406. July 24, Subcommittee on Public Health and Safety, to Committee on Foreign Relations: July 22, to hold hearings hold hearings on proposed legislation authorizing funds on the nomination of Stanley O. Roth, of Virginia, to be for the National Institutes of Health, Department of Assistant Secretary of State for East Asian and Pacific Af- Health and Human Services, 2 p.m., SD–430. fairs, 10 a.m., SD–419. Committee on Veterans Affairs: July 23, to hold hearings July 22, Full Committee, to hold hearings to examine on pending legislation, 9 a.m., SR–418. U.S. foreign policy in the South Caucasus and Central Select Committee on Intelligence: July 24, to hold closed Asia, 2 p.m., SD–419. hearings on intelligence matters, 2 p.m., SH–219. July 24, Full Committee, to hold hearings on the nom- House Chamber ination of George Munoz, of Illinois, to be President of the Overseas Private Investment Corporation, United Monday, No legislative business States International Development Cooperation Agency, 11 Tuesday, Consideration of certain measures under a.m., SD–419. Suspension of the Rules; Committee on Governmental Affairs: July 21, Subcommit- Complete consideration of H.R. 1853, Carl D. tee on International Security, Proliferation and Federal Perkins Vocational-Technical Education Act (open Services, to hold hearings to examine the Department of rule); and Defense compliance review process to determine whether Complete consideration of H.R. 2160, Agri- theater missile defense and systems comply with treaty culture, Rural Development, Food and Drug Admin- obligations, 2:30 p.m., SD–342. July 23, 24 and 25, Full Committee, to resume hear- istration and Related Agencies Appropriations Act ings to examine certain matters with regard to the com- for Fiscal Year 1998. mittee’s special investigation on campaign financing, 10 Wednesday, Thursday, and Friday: Consideration of a.m., SH–216. H.R. 2159, Foreign Operations, Export Financing Committee on the Judiciary: July 21, to hold hearings to and Related Programs Appropriations for Fiscal Year review the FBI crime laboratory, 10 a.m., SD–226. 1998 (Modified open rule, 1 hour of debate); July 22, Full Committee, to hold hearings to examine H.R. 2003, Budget Enforcement Act of 1997 federal antitrust policy in the healthcare marketplace, 10 (subject to a rule); a.m., SD–226. H.R. 2169, Transportation Appropriations Act for July 22, Full Committee, to hold hearings on pending Fiscal Year 1998 (subject to a rule); judicial nominations, 2 p.m., SD–226. H.R. , Legislative Branch Appropriations Act for July 23, Full Committee, to hold hearings on proposed legislation to authorize funds for the Office of National Fiscal Year 1998 (subject to a rule); Drug Control Policy, 10 a.m., SD–226. H.R. , Energy and Water Appropriations Act July 23, Full Committee, business meeting, to resume for Fiscal Year 1998 (subject to a rule); markup of S. 10, to reduce violent juvenile crime, pro- H.R. 2015, Balanced Budget Act of 1997 Con- mote accountability by juvenile criminals, and punish and ference Report (subject to a rule); and deter violent gang crime, and to mark up S. 53, to re- H.R. 2014, Taxpayer Relief Act of 1997 Con- quire the general application of the antitrust laws to ference Report (subject to a rule). major league baseball, 2 p.m., SD–226. July 24, Full Committee, business meeting, to resume House Committees markup of S. 10, to reduce violent juvenile crime, pro- Committee on Agriculture, July 22, Subcommittee on For- mote accountability by juvenile criminals, and punish and estry, Resource Conservation, and Research, hearing on deter violent gang crime, and to mark up S. 53, to re- reauthorization proposals in agricultural research, 9:30 quire the general application of the antitrust laws to a.m., 1300 Longworth. major league baseball, 9 a.m., SD–226. July 23, Subcommittee on Risk Management and Spe- July 24, Subcommittee on Antitrust, Business Rights, cialty Crops, hearing on the Commodity Futures Trading and Competition, to hold hearings to examine proposals Commission’s proposal to lift the prohibition on agricul- on defense consolidation, focusing on antitrust and com- tural trade options, 1:30 p.m., 1300 Longworth. petitions issues, 2 p.m., SD–226. Committee on Appropriations, July 22, to markup the fol- Committee on Labor and Human Resources: July 22, to lowing appropriations for fiscal year 1998: Defense; hold hearings to examine women’s health issues, 10 a.m., Labor, Health and Human Services, and Education; and SD–430. Commerce, Justice, State, and Judiciary, 9:30 a.m., 2359 July 23, Full Committee, business meeting, to mark Rayburn. up S. 1020, proposed Arts and Humanities Amendments Committee on Banking and Financial Services, July 22, of 1997, proposed National Science Foundation Author- Subcommittee on Domestic and International Monetary D784 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1997

Policy, hearing on the Conduct of Monetary Policy, 2 July 24, Subcommittee on Immigration and Claims, p.m., 2128 Rayburn. hearing on the following bills: H.R. 967, to prohibit the July 23, full Committee, hearing on the Conduct of use of United States funds to provide for the participation Monetary Policy, 10 a.m., 2128 Rayburn. of certain Chinese officials in international conferences, July 24, Subcommittee on Capital Markets, hearing on programs, and activities and to provide that certain Chi- the GAO Report on the Merger of OFHEO and the Fed- nese officials shall be ineligible to receive visas and be ex- eral Housing Finance Board, 10 a.m., 2128 Rayburn. cluded from admission to the United States; H.R. 1543, Committee on Commerce, July 25, Subcommittee on Fi- to amend the Immigration and Nationality Act to permit nance and Hazardous Materials, to continue hearings on certain nonimmigrant aliens to study in publicly funded H.R. 10, Financial Services Competitiveness Act of 1997, adult education programs if the alien provides reimburse- 10 a.m., 2123 Rayburn. ment for such study; H.R. 2172, to amend the Immigra- Committee on Education and the Workforce, July 22, Sub- tion and Nationality Act to make the restrictions on for- committee on Postsecondary Education, Training and eign student study at a public elementary or secondary Life-Long Learning, to continue hearings on H.R. 6, school inapplicable in cases where the school evidences a Higher Education Amendments of 1998, 9:30 a.m., 2175 desire for such result, and to prohibit the use of Federal Rayburn. funds to pay the cost of such study; and H.R. 1493, to July 23, Subcommittee on Workforce Protections, require the Attorney General to establish a program in hearing to examine the Occupational Safety and Health local prisons to identify, prior to arraignment, criminal Administration’s reinvention project, 10 a.m., 2175 Ray- aliens and aliens who are unlawfully present in the Unit- burn. ed States, 9:30 a.m., 2226 Rayburn. July 24, Subcommittee on Early Childhood, Youth and Committee on National Security, July 22, Subcommittee Families, hearing on Focus on Fatherhood, 9:30 a.m., on Military Readiness, hearing on the operation and 2175 Rayburn. maintenance financial management, 2:00 p.m., 2212 Ray- July 24, Subcommittee on Oversight and Investiga- burn. tions, hearing on the Accounting and Management Prac- Committee on Resources, July 22, Subcommittee on For- tices of the Corporation for National Service, 9:30 a.m., ests and Forest Health, hearing on the following bills: 2261 Rayburn. H.R. 1309 to provide for an exchange of lands with the Committee on Government Reform and Oversight, July 24, city of Geeley, CO and the Water Supply and Storage Subcommittee on Human Resources, oversight hearing on Company to eliminate private inholdings in wilderness issues concerning the National Labor Relations Board, in- areas; and H.R. 1843 to amend title 31, United States cluding its mission, management and performance results, Code, to address the failure to appropriate sufficient funds 11 a.m., 2247 Rayburn. to make full payments in lieu of taxes under chapter 69 July 25, Subcommittee on Government Management, of such title by exempting certain users of the National Information and Technology, hearing on Oversight of Forest System from fees imposed in connection with such OMB Directive 15, 9:30 a.m., 2154 Rayburn. use, 2 p.m., 1334 Longworth. Committee on International Relations, July 22, to markup July 22, Subcommittee on National Parks and Public H.R. 695, Security and Freedom Through Encryption Lands, hearing on the following bills: H.R. 1635, to es- (SAFE) Act, 3 p.m., 2127 Rayburn. tablish within the United States National Park Service July 23, hearing on Iran Libya Sanctions Act—One the National Underground Railroad Network to Freedom Year Later, 10 a.m., 2172 Rayburn. Program; H.R. 755, to amend the Internal Revenue Code July 24, hearing on Global Climate Negotiations, 10 of 1986 to allow individuals to designate any portion of a.m., 2172 Rayburn. their income tax overpayments, and to make other con- Committee on the Judiciary, July 22, Subcommittee on tributions for the benefit of units of the National Park the Constitution, hearing on H.J.Res. 78, proposing an System; H.R. 1718, to provide for the conveyance of cer- amendment to the Constitution of the United States re- tain lands in Wyoming to the County of Park, WY; and storing religious freedom, 9 a.m., 2141 Rayburn. H.R. 708, to require the Secretary of the Interior to con- July 22, Subcommittee on Crime, to markup the fol- duct a study concerning grazing use of certain land with- lowing: the Law Enforcement and Community Protection in and adjacent to Grand Teton National Park, Wyoming Act of 1997; H.R. 218, Community Protection Act of and to extend temporarily certain grazing privileges, 10 1997; and H.R. 339, to amend title 18, United States a.m., 1324 Longworth. Code, to provide a national standard in accordance with July 23, full Committee, to consider business pending, which nonresidents of a State may carry certain concealed 11 a.m., 1324 Longworth. firearms in the State, and to exempt qualified current and July 24, Subcommittee on Energy and Mineral Re- former law enforcement officers from State laws prohibit- sources, to consider pending business, 2 p.m., 1324 ing the carrying of concealed handguns, 1 p.m., 2237 Longworth. Rayburn. July 24, Subcommittee on Fisheries Conservation, July 24, Subcommittee on Crime, hearing on the na- Wildlife & Oceans, to mark up pending business; fol- ture and extent of domestic and international money lowed by an oversight hearing on review of the authority laundering, its role in the international drug trade, and and decision making processes of the National Marine methods of combating the problem, 9:30 a.m., 2141 Fisheries Service Northwest Region, 10 a.m., 1334 Long- Rayburn. worth. July 17, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D785

Committee on Science, July 22, Subcommittee on Tech- VA is consolidating VA medical facility managements nology, hearing on the Prohibition of Federal Funding for and their clinical and support services, and the results of Human Cloning Research, 2 p.m., 2318 Rayburn. such initiatives, 9:30 a.m., 334 Cannon. July 23, full Committee, hearing on Science, Math En- Committee on Ways and Means, July 22, Subcommittee gineering and Technology Education, 1 p.m., 2318 Ray- on Trade, hearing on Free Trade Area of the Americas, burn. 10 a.m., 1100 Longworth. July 24, Subcommittee on Technology, mark up the July 23 and 24, Subcommittee on Social Security, hear- following bills: H.R. 1903 Computer Security Enhance- ings on Barriers Preventing Social Security Disability Re- ment Act of 1997; and H.R. 92, Human Cloning Re- cipients from Returning to Work, 10:00 a.m., 1100 search Prohibition Act, 11 a.m., 2325 Rayburn. Longworth on July 23, and 1 p.m., B–318 Rayburn on Committee on Small Business, July 24, Subcommittee on July 24. Empowerment, hearing on the impact proposed tax changes will have on minority owned businesses, 10:00 July 23, Subcommittee on Trade, hearing on the New a.m., 2359 Rayburn. Transatlantic Agenda, 2:00 p.m., B–318 Rayburn. Committee on Transportation and Infrastructure, July 23, July 24, Subcommittee on Oversight, hearing on the Subcommittee on Aviation, hearing on Merger of Boeing Report of the National Commission on Restructuring the and McDonnell-Douglas, 2 p.m., 2167 Rayburn. Internal Revenue Service, 10:00 a.m., 1100 Longworth. Committee on Veterans’ Affairs, July 24, Subcommittee Permanent Select Committee on Intelligence, July 22, execu- on Health and the Subcommittee on Oversight and Inves- tive, briefing on information operations, 2:00 p.m., tigations, joint hearing to review the process by which H–405 U.S. Capitol. D786 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, July 21 12 noon, Monday, July 21

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: No legislative business. morning business (not to extend beyond 3 p.m.), Senate will begin consideration of H.R. 2158, VA/HUD Appro- priations, 1998, and resume consideration of S. 1023, Treasury/Postal Service Appropriations, 1998, with a vote on final passage to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Engel, Eliot L., N.Y., E1455 Murtha, John P., Pa., E1454 Foglietta, Thomas M., Pa., E1456 Packard, Ron, Calif., E1446 Barrett, Bill, Nebr., E1457 Forbes, Michael P., N.Y., E1447 Pomeroy, Earl, N.D., E1455 Borski, Robert A., Pa., E1451 Gejdenson, Sam, Conn., E1456 Sandlin, Max, Tex., E1446 Bryant, Ed, Tenn., E1447 Gilman, Benjamin A., N.Y., E1445, E1450 Schaffer, Bob, Colo., E1454 Capps, Walter H., Calif., E1458 Kennedy, Joseph P., II, Mass., E1450 Serrano, Jose´ E., N.Y., E1451 Christian-Green, Donna M., The Virgin Islands, E1447 Kucinich, Dennis J., Ohio, E1457 Solomon, Gerald B.H., N.Y., E1451 Coble, Howard, N.C., E1452 McCollum, Bill, Fla., E1454 Stokes, Louis, Ohio, E1448 Collins, Mac, Ga., E1446 Maloney, Carolyn B., N.Y., E1449 Vela´ zquez, Nydia M., N.Y., E1445 Cubin, Barbara, Wyo., E1455 Menendez, Robert, N.J., E1449, E1451

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