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, MONDAY, JULY 28, 1997 No. 108 House of Representatives The House met at 12:30 p.m. and was the majority and minority leaders for Given the failure of the House to called to order by the Speaker pro tem- morning hour debates. The Chair will enact enforcement legislation, it is pore (Mr. GUTKNECHT). alternate recognition between the par- now more important than ever to keep f ties, with each party limited to not to our eyes on the goal of balancing the exceed 30 minutes, and each Member budget and finishing the job. Achieving DESIGNATION OF SPEAKER PRO except the majority leader, the minor- this goal can only happen one step at a TEMPORE ity leader, or the minority whip lim- time. The first step should be to reduce The SPEAKER pro tempore laid be- ited to not to exceed 5 minutes. spending by reforming entitlement pro- fore the House the following commu- The Chair recognizes the gentleman grams. nication from the Speaker: from Indiana [Mr. VISCLOSKY] for 5 minutes. With America’s population aging and WASHINGTON, DC, f people living longer, the number of July 28, 1997. beneficiaries in programs such as Medi- I hereby designate the Honorable GIL BALANCING THE BUDGET care is growing much faster than the GUTKNECHT to act as Speaker pro tempore on working population. For this reason, this day. Mr. VISCLOSKY. Mr. Speaker, the NEWT GINGRICH, most important thing that we can do Medicare and other entitlement pro- Speaker of the House of Representatives. for our children and their children is to grams are projected to run out of f balance the Federal budget. Unfortu- money early in the next century unless nately, I fear that we will snatch de- we make basic reforms to these pro- MESSAGE FROM THE SENATE feat from the jaws of victory by enact- grams right now. A message from the Senate by Ms. ing expensive new tax cuts before the Secondly, if no changes are made to McDevitt, one of its clerks, announced budget is actually balanced. Medicare and other spending programs, Mr. Speaker, it is clear to me that that the Senate had passed bills and a all the progress we have made in reduc- the best tax cut we can give to the concurrent resolution of the following ing the deficit will be in vain. titles, in which the concurrence of the American people is to balance the Fed- eral budget. It has been shown that by It should also be pointed out that the House is requested: balancing the budget we can stimulate enormous growth of entitlement spend- S. 833. An act to designate the Federal economic growth and reduce interest ing is threatening the discretionary building courthouse at Public Square and programs that allow us to invest in the Superior Avenue in Cleveland, Ohio, as the rates on everything from home mort- ‘‘Howard M. Metzenbaum United States gages to car loans. Keeping these con- future of this country. Estimates from Courthouse’’; siderations in mind, I firmly believe the Congressional Budget Office show S. 1000. An act to designate the United that we must resist the destructive that by the year 2002 mandatory spend- States courthouse at 500 State Avenue in idea of granting tax cuts at this time. ing will consume 70 percent of the Fed- Kansas City, Kansas, as the ‘‘Robert J. Dole There is little question that we have eral budget. United States Courthouse’’; made tremendous progress in reducing We depend on discretionary programs S. 1043. An act to designate the United the deficit in the past 5 years. From a States courthouse under construction at the for building roads, putting more police record high of $290 billion in 1992, pro- officers on the street, and making our corner of Las Vegas Boulevard and Clark Av- jections cited last week indicate that enue in Las Vegas, Nevada, as the ‘‘Lloyd D. economy more productive. We must use George United States Courthouse’’; and the deficit may fall below $45 billion by the opportunity before us to slow the S. Con. Res. 43. Concurrent resolution urg- the end of this year. growth of mandatory spending and Unfortunately, this body missed a ing the United States Trade Representative achieve a more sustainable balance. immediately to take all appropriate action golden opportunity last week to make with regards to Mexico’s imposition of anti- sure that we would finally reach a bal- While cutting spending is the first dumping duties on United States high fruc- anced budget by the year 2002. By re- step in balancing the budget, I believe tose corn syrup. jecting a commonsense measure that we will take a giant leap backward if f would have applied enforcement proce- we compound our current fiscal prob- dures to the budget resolution, both lems by granting significant new tax MORNING HOUR DEBATES parties put other interests above that cuts that will increase the deficit. The SPEAKER pro tempore. Pursu- of balancing the budget. This raises se- Studies show that the cost of the tax ant to the order of the House of Janu- rious questions about a real willingness bill approved by the House on June 26 ary 21, 1997, the Chair will now recog- to make the tough choices needed to is heavily backloaded, hiding the bill’s nize Members from lists submitted by get us to a balanced budget. true cost and threatening to unbalance

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.

H5829 H5830 CONGRESSIONAL RECORD — HOUSE July 28, 1997 the budget shortly after it is designed spectrum. Again, the broadcasters will for all should be involved. The govern- to be balanced. invest billions of dollars to deliver free ment wins because its coffers will be It is clear to me that many Members TV over these frequencies. Individual filled with analog action proceeds and of this body are only interested in stations will also have to convert at a fees from supplemental digital serv- using the balanced budget debate as a cost of up to $20 million each. ices. Those who care about free, over- pretense to grant expensive new tax Now, obviously, this is a huge cost, the-air broadcasting win because tele- cuts. We are now so close to finally bal- particularly for most broadcasters in vision will not be interrupted in the ancing the budget, it makes absolutely small- and medium-sized markets like transition from analog to digital. no sense to me to start moving in the many in my home State of Florida, Broadcasters win because they will re- opposite direction with tax measures where they have assets under $10 mil- main competitive in the new informa- that will drive up the deficit. lion. However, there are many who tion age. But above all, consumers win If we would simply pass the spending want broadcasters to give up the old with continued free access to news and reforms called for by this year’s budget analog spectrum, spend billions of dol- information and more competition resolution, and do no harm by enacting lars on new equipment to convert to among information and entertainment new tax cuts, we would balance the digital TV, and then continue to de- providers. budget before the end of the century liver free TV and pay for the digital The up-front auction of the digital and achieve a surplus of at least $20 bil- spectrum all together. Well, it cannot spectrum could be a roadblock to the lion in the year 2002. This, I believe, is be done. new era of communications. Combined the wisest course of action because it Mr. Speaker, heaping auction costs with other technologies, digital TV allows us to invest for the future needs on top of this transition cost will make will yield a single box sitting in our of this country, and ensure that we do it virtually impossible for many local living rooms; one device functioning as not produce a budget that is a 1-year broadcasters to provide free, over-the- our TV, telephone, computer, modem, wonder, balancing in the year 2002, but air programming in the digitized world. radio, and VCR. Mr. Speaker, let us not becoming unbalanced shortly there- It does not take a genius to figure out let misguided policies stand in the way after. that if enough broadcasters are forced of progress. out of these auctions by these costs, Mr. Speaker, now more than ever it f is imperative that Members of both consumers will have fewer choices in parties, along with the President, come their viewing options. RECESS Mr. Speaker, I do not agree with together in a unified effort. We must The SPEAKER pro tempore. Pursu- take this opportunity to pass meaning- those advocating the up-front auction of the digital spectrum loaned to ant to clause 12 of rule I, the Chair de- ful entitlement reform, hold off on clares the House in recess until 2 p.m. granting expensive tax cuts until we broadcasters. These advocates should look at this issue in the proper con- Accordingly (at 12 o’clock and 42 can afford them, and keep our promise text. In the 1980’s, the government and minutes p.m.), the House stood in re- to balance the budget once and for all. broadcasters developed an understand- cess until 2 p.m. f ing to develop and promote high defini- f THE SPECTRUM GIVEAWAY IS A tion television over digital trans- b MISNOMER missions. The Federal Communications 1400 The SPEAKER pro tempore. Under Commission, with the endorsement of AFTER RECESS Congress, agreed to provide broad- the Speaker’s announced policy of Jan- The recess having expired, the House uary 21, 1997, the gentleman from Flor- casters an additional 6 megahertz of spectrum. This added 6 megahertz of was called to order by the Speaker pro ida [Mr. STEARNS] is recognized during tempore [Mr. GOODLATTE] at 2 p.m. morning hour debates for 5 minutes. spectrum is necessary to assure that f Mr. STEARNS. Mr. Speaker, you the old analog transmissions, current over-the-air TV, is not disrupted in the might title my 5 minutes this after- PRAYER noon ‘‘The Spectrum Giveaway is a transition to digital transmission. This does not mean that I support a The Chaplain, Rev. James David Misnomer.’’ The spectrum issue has government giveaway to the media. We FORD, D.D., offered the following pray- generated a lot of misinformation, and can still, Mr. Speaker, generate gov- er: as a member of the Subcommittee on ernment revenue from this exchange, O God, as You have brought us to- Telecommunications, Trade and and let me explain. gether from many backgrounds and di- Consumer Protection, I feel obliged to Once the transition from analog to verse traditions, so we may strive to clear up the confusion. Some pundits digital is completed, we can then auc- demonstrate a unity of spirit that re- and politicians have the notion that tion off the analog spectrum for cel- flects the solidarity You have given us providing broadcasters access to the lular and other transmissions. In addi- at creation. We are grateful that we digital spectrum represents a massive tion, the government may charge are blessed by our diversity and we giveaway. They are not understanding broadcasters a fee if they provide ancil- learn from each other. We accept the the point. lary service such as paging or faxing in challenge of celebrating our own herit- But first let us talk about what the the new digital spectrum. age even as we celebrate the heritage spectrum is. It is broadcast airwaves, a Last week William Safire, a leading of others. We thank You, gracious God, series of frequencies for transmitting columnist, called this exchange a sweet for our history as we pray that Your signals. The spectrum had no impact payoff to broadcasters and compared it spirit will lead and guide us in the days on human life until Mr. Farnsworth de- with the prospect of, ‘‘giving Yellow- ahead. This is our earnest prayer. veloped broadcast television. I might stone National Park to the timber Amen. add, Mr. Speaker, that there is a statue companies.’’ Mr. Speaker, I wish to of Mr. Farnsworth in Statuary Hall offer a different analogy this after- f here in the Capitol. noon: The Homestead Act of 1862. THE JOURNAL Almost literally, something was Mr. Speaker, through this act, the made from nothing. Over the years, the Federal Government parceled out bil- The SPEAKER pro tempore. The media have invested billions of dollars lions of acres of what it considered Chair has examined the Journal of the to put the previously idle analog spec- worthless western land. Now a settler last day’s proceedings and announces trum to productive use. As a Nation, received a 160-acre plot of land and the to the House his approval thereof. we have benefited from these broad- government got a pledge that the land Pursuant to clause 1, rule I, the Jour- casts through weather alerts, political would be cultivated and put to produc- nal stands approved. debates and coverage of the first Moon tive use. What was then considered the f walk. ‘‘great American desert’’ is now among With the advent of high definition the most valuable land in the world. PLEDGE OF ALLEGIANCE technologies, the broadcasters need ac- My position is that a rational ap- The SPEAKER pro tempore. Will the cess to a new spectrum, the digital proach providing a win-win situation gentleman from Florida [Mr. HASTINGS] July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5831 come forward and lead the House in the and not to a Federal bureaucratic The Justice Department should not Pledge of Allegiance. agency. be used as a tool for partisan political Mr. HASTINGS of Florida led the Mr. Speaker, the agreement reached purposes. Attorney General Reno Pledge of Allegiance as follows: at Lake Tahoe is a shining example should be embarrassed by this I pledge allegiance to the Flag of the that the concerns of environmentalists politicization of her department, and United States of America, and to the Repub- and private property owners are not she should not allow to it proceed any lic for which it stands, one nation under God, mutually exclusive. I applaud all those further. indivisible, with liberty and justice for all. involved in this weekend’s activities. The White House enemies list from f f many years ago was just talk and did not come close to the partisan political DEMOCRATS AND TAX CUTS CHILDREN’S HEALTH CARE use of our legal system that is being (Mr. BARTLETT of Maryland asked (Mrs. MORELLA asked and was given done against the gentleman from Indi- and was given permission to address permission to address the House for 1 ana [Mr. BURTON] today, or, I might the House for 1 minute and to revise minute and to revise and extend her re- add, the political IRS audits of the and extend his remarks.) marks.) Heritage Foundation and 11 other con- Mr. BARTLETT of Maryland. Mr. Mrs. MORELLA. Mr. Speaker, as servative think tanks while no similar Speaker, when the Democrats on the budget negotiators work to finalize the action is being taken against liberal other side make their arguments ex- details of our historic agreement, we think tanks. plaining why they oppose our tax cut must make bolstering children’s health f package, I listen to them. It is not fun, coverage for low-income children a top FOUR YEARS’ DIFFERENCE but I do listen. priority. It is unconscionable that the The problem is their arguments are most developed country in the world (Mr. GUTKNECHT asked and was extremely weak. The first argument is has 10 million uninsured children, in- given permission to address the House that most of the benefits go to the cluding 167,000 in my State of Mary- for 1 minute and to revise and extend rich. My response to that argument is land. his remarks.) that they speak as if there is a pot of I strongly urge my conference com- Mr. GUTKNECHT. Mr. Speaker, what money that is distributed to people, mittee colleagues to adopt the Senate a difference 4 years can make. Four that the Government divides up some bill’s provisions which contain an addi- years ago, with the other team in amount of benefits and decides where tional $24 billion for children’s health charge, they were about to vote on the the benefits go. and the guarantee that the funds can- largest tax increase in American his- tory, while the other problems of wel- This is simply wrong. A tax cut sim- not be used for other purposes. We fare and Medicare reform were being ply means that the Government will must also insist on a meaningful bene- ignored. The Congressional Budget Of- take less. It will take less from upper fits package, including vision and hear- fice was projecting $200 billion deficits income people. It will take less from ing coverage. It is about time we used as far as the eye could see. As we lower income people. And let us please an increased tobacco tax to fund chil- speak, negotiators are putting the fin- try to remember, it is their money to dren’s health insurance. Smoking dra- ishing touches on a plan that will guar- begin with; no one is giving them any- matically affects children’s health and antee the first balanced budget in a thing. drains our health care system. Raising generation and the first tax relief for The second argument is that the tax cigarette taxes is one of the best ways credit should apply to the working working families in more than 16 years. to keep children from smoking, which We have reformed welfare, and 1.3 poor who pay no income taxes but who translates into fewer deaths later in million families are on payrolls rather do pay payroll and other taxes. But life from smoking-related illnesses. than on the welfare rolls. Medicare is low-income workers already receive a Mr. Speaker, 90 percent of uninsured being saved. Mr. Speaker, what a dif- subsidy for the payroll taxes through children have working parents, and of- ference 4 years have made. the EITC, and payroll taxes are for tentimes these parents must choose be- f Medicare and Social Security anyway, tween paying rent or buying private in- for which they will also get a subsidy. surance or quitting their jobs to qual- MEDICARE So that is why their arguments simply ify for Medicaid. Let us seize this op- (Mr. STEARNS asked and was given do not add up. portunity. permission to address the House for 1 f f minute.) Mr. STEARNS. Mr. Speaker, I call all LAKE TAHOE POLITICIZATION OF THE my colleagues’ attention to the Medi- JUDICIARY (Mr. GIBBONS asked and was given care spending graph I have here. In permission to address the House for 1 (Mr. DUNCAN asked and was given 1995, this is what the President said. He minute and to revise and extend his re- permission to address the House for 1 said the plan of the Republicans was marks.) minute.) excessive, and he vetoed our bill be- Mr. GIBBONS. Mr. Speaker, Mark Mr. DUNCAN. Mr. Speaker, before cause of these excessive cuts. Twain once described Lake Tahoe as coming to Congress I spent 71⁄2 years as Now in 1997, he says, this budget over the fairest picture the whole Earth af- a circuit court judge in Tennessee. I here keeps our fundamentals intact, fords. But with an estimated 30 percent tried the felony criminal cases, the protects Medicare for our parents, pre- of Lake Tahoe surrounding forests that murders, the rapes, the armed robber- serves and protects the program. No- are dead and dying and the lake losing ies, burglaries, drug cases, the at- tice that this program is less spending a foot of clarity each year, many vital tempted murder of James Earl Ray, than the one he vetoed in 1995. Let us environmental changes must be made many serious cases. review, Mr. Speaker. He vetoed a wel- to ensure that we pass on to our chil- I have several years of experience fare bill three times, calling it ex- dren the same wonderful gift of nature with our criminal justice system. Yet treme; yet he signed the identical wel- in the same pristine fashion as which never have I seen such a partisan polit- fare bill and tries to take credit. Then we once found it. ical use of our legal system as is pres- he goes on and talks about this Medi- A very important first step in this ently going on. care program, this one with less spend- battle was taken when the President The worst is the action being taken ing, and says it protects our seniors hosted the Lake Tahoe environmental against the gentleman from Indiana whereas this one, which he vetoed, says summit this weekend. As a result of [Mr. BURTON], the chairman. His com- it is extreme. these meetings, $48 million in Federal mittee subpoenaed records from the Now he goes on to say, our tax cuts funds were committed to the Lake Justice Department on July 8. Then his are excessive and will blow a hole in Tahoe Basin for cleanup and conserva- campaign records were subpoenaed just the deficit. Mr. Speaker, I think the tion efforts. But most important, the 3 days later. Blatant political retribu- President has credibility problems. Let majority of these dollars will be made tion just because he was trying to do us remember this history in this budg- available to the people of Lake Tahoe his job. et debate. H5832 CONGRESSIONAL RECORD — HOUSE July 28, 1997 ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, I rise in strong support, erel to find out how many fish there PRO TEMPORE obviously, of H.R. 1855, a simple and are, two tremendously important east The SPEAKER pro tempore. Pursu- straightforward measure that will coast fisheries. Imagine that, knowing ant to the provisions of clause 5 of rule place a moratorium on large fishing how many fish there are before we I, the Chair announces that he will vessels in the Atlantic mackerel and begin to take them in large numbers. postpone further proceedings today on herring fisheries. b 1415 Why is congressional intervention each motion to suspend the rules on So fact No. 2, we need to do stock as- which a recorded vote or the yeas and and management of these two species needed? Well, herring and mackerel are sessments before additional fishing nays are ordered or on which the vote pressure is brought to bear on these is objected to under clause 4 of rule the two fisheries on the east coast that have not been fished to death yet. species. XV. Fact No. 3, the councils that care for Such rollcall votes, if postponed, will Mackerel, the mackerel world market and the prices have increased substan- these fisheries or regulate these fish- be taken at a later time. eries are moving quickly to preserve f tially because the eastern European countries can no longer depend on Gov- them as well, but they need more time. MORATORIUM ON LARGE FISHING ernment support and because the de- The mid-Atlantic and New England VESSELS IN ATLANTIC mand for mackerel and herring in fisheries management councils have passed resolutions and motions to pro- Mr. SAXTON. Mr. Speaker, I move to those societies has grown to an unprec- tect these fisheries from overharvest. suspend the rules and pass the bill edented level. The councils need the time to react to (H.R. 1855) to establish a moratorium This has created an economic reason what could be a sudden unsustainable on large fishing vessels in Atlantic her- to fish on these two species and it has increase in the harvest. This bill gives ring and mackerel fisheries, as amend- created therefore new fishing pressure. them the time to develop fishery man- ed. Herring has just recently recovered The Clerk read as follows: from being badly overfished. This re- agement plans which do not exist at this time. H.R. 1855 covery caused serious pain among the New England fishermen who had to Fact No. 4, the National Marine Fish- Be it enacted by the Senate and House of Rep- find an alternative source of fish in eries Service has guessed that the resentatives of the United States of America in mackerel fishery can sustain only Congress assembled, order for them to survive. They in- about 150,000 metric tons of annual har- SECTION 1. MORATORIUM. creasingly turned to cod and haddock vest. Three of these large vessels, (a) IN GENERAL.—Notwithstanding any pro- at Georges Bank, which has since been vision of the Magnuson-Stevens Fishery Con- overfished and that fish stock has now which are poised to enter this fishery, servation and Management Act (16 U.S.C. crashed. Now herring is being targeted could easily meet and possibly exceed 1801 et seq.), no large fishing vessel may en- once again. this harvest within a single year. It is gage in fishing for Atlantic herring or Atlan- Now it looks as though the Atlantic not clear that the resource can with- tic mackerel within the United States exclu- herring and mackerel fisheries are stand this fishing effort and remain sive economic zone until— faced with a new disastrous threat. healthy and viable. Therefore, we need (1) the National Marine Fisheries Service to take care of the management plan has completed a new population survey into Large fishing vessels are poised to the abundance of the discrete spawning enter these fisheries. High prices and before this fishing pressure starts. stocks of Atlantic herring and Atlantic the apparent abundance of these spe- The National Marine Fisheries Serv- mackerel; and cies has attracted the attention of fish- ice seems content to wait until the (2) the Secretary of Commerce has ap- ermen and businessmen throughout the stocks crash before taking action to proved and implemented fishery manage- world who have responded by investing protect these fisheries. That is why we ment plans developed by the appropriate re- in large fishing vessels to harvest this need this moratorium. As someone who gional fishery management council for At- American resource for sale overseas be- has witnessed the pain and suffering lantic herring and Atlantic mackerel, which experienced by fishermen from New specifically allow large fishing vessels to cause there is no market here. The participate in those fisheries. market is overseas. England, I do not believe that we (b) LARGE FISHING VESSEL DEFINED.—In The capacity of each of these vessels should fish now and pay later. We must this section, the term ‘‘large fishing ves- exceeds 50 metric tons per year. That is end this cycle of destroying our re- sel’’— a large fishing vessel, to say the least. sources without knowing how much (1) except as provided in paragraph (2), One such vessel plans to begin harvest- fishing pressure they can endure. Help means a fishing vessel (as that term is de- ing this fall. It is therefore imperative to conserve the Atlantic herring and fined in section 3 of the Magnuson-Stevens that we establish safeguards to prevent mackerel stocks by voting ‘‘yes’’ on Fishery Conservation and Management Act this bill, H.R. 1855. (16 U.S.C. 1802)) of the United States that is another fishing disaster like those suf- equal to or greater than 165 feet in length fered by redfish, shark, striped bass, as Mr. Speaker, I reserve the balance of overall and has an engine of more than 3,000 well as cod and haddock, which I men- my time. horsepower; and tioned before. Mr. ABERCROMBIE. Mr. Speaker, I (2) does not include such a vessel that en- There are a number of things that we yield myself such time as I may gages only in processing fish harvested by need to point out. Fact No. 1, we do not consume. fishing vessels of the United States. know with any certainty how many (Mr. ABERCROMBIE asked and was The SPEAKER pro tempore. Pursu- fish, that is, mackerel and herring, given permission to revise and extend ant to the rule, the gentleman from there are. The National Marine Fish- his remarks.) New Jersey [Mr. SAXTON] and the gen- eries Service, which we know as NMFS, Mr. ABERCROMBIE. Mr. Speaker, tleman from Hawaii [Mr. ABERCROMBIE] has not done a stock assessment spe- before I begin, I would like to thank each will control 20 minutes. cifically on herring and mackerel the gentleman from New Jersey [Mr. The Chair recognizes the gentleman stocks. The only information we have SAXTON] for his kind remarks. I would from New Jersey [Mr. SAXTON]. on these species is from a complex like, in addition, to cite the work of Mr. SAXTON. Mr. Speaker, I yield large pelagic survey that was done and the staff with regard to this and other myself such time as I may consume. incidentally, just incidentally, men- bills, Mr. Speaker. It is outstanding Let me just begin my very brief re- tions herring and mackerel. Therefore, work always. marks by thanking the gentleman from fact No. 1 is that we do not know how Mr. Speaker, the remarks of the gen- Hawaii for his ardent and helpful effort many fish there are. tleman from New Jersey are such that with regard to moving this bill swiftly Fact No. 2, the moratorium is tem- I think they make a compelling case in through the committee and bringing it porary in nature but it is also an emer- and of themselves. I would like not to here to the floor. The gentleman from gency measure. The moratorium on reiterate them but to amplify them Hawaii [Mr. ABERCROMBIE] and I have large fishing vessels will only last as somewhat. worked very closely together and I long as it takes the National Marine The temporary moratorium on the want to express my deep appreciation Fisheries Service to do a separate entry of large fishing vessels into these to him at this point. stock assessment on herring and mack- two fisheries will provide the East July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5833 Coast councils the opportunity they Mr. ABERCROMBIE. Mr. Speaker, I cause it encourages the council to com- need to develop management plans to yield 4 minutes to the gentleman from plete this important work and because protect the resources without the Massachusetts [Mr. DELAHUNT]. it shows that we can learn from our threat of overcapitalization. I think Mr. DELAHUNT. Mr. Speaker, I want mistakes. that the gentleman from New Jersey to extend my gratitude to the chair- Mr. ABERCROMBIE. Mr. Speaker, I has made a clear and compelling case man of the subcommittee, who has yield such time as he may consume to in that regard. really provided some leadership in this the gentleman from Massachusetts Too many fisheries in the United matter that concerns us all here. [Mr. TIERNEY]. States are already overcapitalized, and More than 20 years ago my prede- Mr. TIERNEY. Mr. Speaker, I want seasons that used to last for months cessor, Gerry Studds, in this Chamber to thank the ranking member for yield- are now over in days. In New England, helped enact landmark legislation to ing me this time, and also the chair- coastal communities have been dev- ensure that foreign fleets would no man, who was kind enough to carry astated by the crash of cod and had- longer be allowed to deplete fish stocks through on his pledge made to me dur- dock stocks. Mackerel and herring will off our coasts. Well, here we go once ing the subcommittee hearings in ad- be the only healthy fisheries if they more. Unless we vote today to approve dressing my concerns with the unin- can survive the next several years, but H.R. 1855, factory trawlers will return tended loopholes that were originally not if those stocks are suddenly being and will bring with them an updated in the legislation. Mr. Speaker, before I comment on harvested by an influx of large vessels. high-tech version of overfishing aimed the present status of the issue, or even Four or five of these boats could elimi- at two of the few healthy stocks we the future, I feel it is important to nate the opportunities for fishermen still have left, Atlantic herring and take a look back at the recent history that have little else to depend upon. mackerel. of the fishing history in the United It is time that we learn from the mis- As the House deliberates today, at least one displaced factory trawler is States, specifically in the New England takes of the past and encourage the area. proactive approach by the councils to being retrofitted in Norway in prepara- tion to set sail for the waters off the It was barely 20 years ago that we the problems of overcapitalization. faced the decimation of fishing stocks This bill does that by giving the coun- New England coast. This one vessel alone is capable of harvesting 50,000 because of overfishing. We face the cils the time to do their job. It will be prospect of repeating that mistake. metric tons of mackerel in 1 year, one- good for the fishing industry and the This time, however, the threat could be third of the maximum sustainable fish, and I urge Members to support the much larger. bill. yield for the whole Atlantic coast, not While I respect my colleagues from Mr. Speaker, I yield 2 minutes to the to mention the likely impact of the west coast who might oppose this bycatch on haddock and scores of other gentleman from Maine [Mr. ALLEN]. legislation, it is, in fact, the very cur- marine species. Mr. ALLEN. Mr. Speaker, I thank rent condition of the North Pacific Pol- We just do not know enough about the gentleman from Hawaii [Mr. ABER- lock Fishery, located off the west the population dynamics of herring and CROMBIE] for yielding me this time, I coast, that leads me to be concerned mackerel to risk placing such enor- thank the gentleman from New Jersey about the havoc these trawlers could mous new pressures on these species, [Mr. SAXTON] for his leadership on this wreak on the herring and mackerel species on which the industry, marine issue, and I thank both of them on be- fisheries found in the Atlantic. mammals, coastal communities and half of fishermen all throughout the Mr. Speaker, we are trying to ensure the entire coastal ecosystem depend. State of Maine. the viability of our fishing industry in Without this bill, we stand to repeat Mr. Speaker, I rise today as an origi- the Northeast by preventing the fac- the mistakes of the past. tory trawlers from overfishing the wa- nal cosponsor of H.R. 1855. This bill es- In the late 1960’s and 1970’s, large tablishes a moratorium on the intro- ters at the expense of fishermen whose Russian and Polish vessels plied our very livelihoods depend on a well- duction of large fishing vessels into the shores and threatened to decimate our Atlantic Coast herring and mackerel plenished fishery. While the herring fishing industry and our stocks. It took and mackerel stock are currently fisheries until comprehensive studies the passage of the Magnuson Act to are conducted on the health of the thriving, my concern is shared with the push them from our waters, leaving gentleman from Massachusetts [Mr. spawning stocks. what we thought was plenty of fish to Several initiatives financed by for- DELAHUNT] that by allowing these fac- go around. tory trawlers in the area, we will place eign countries have surfaced which Meanwhile, however, we allowed our the smaller fishing boats at risk once focus on the use of very large offshore own industry to expand. Soon it was again. And these are, in fact, the same factory trawlers on the Atlantic Coast vastly overcapitalized, putting renewed sized fishing boats that suffered the to catch and process large quantities of pressures on groundfish. We are all too blunt of the depleted stocks that oc- mackerel and herring. This is of great aware of the consequences. curred in the 1970’s. concern to local fishermen in Maine, Yet less than a year after reauthoriz- Once these factory boats are in our Massachusetts, Rhode Island, and New ing the Magnuson Act, we are watching waters, it would be extremely difficult Jersey who are working to develop factory trawler vessels again prepare to control the size and scope of their these fisheries locally. to invade our fisheries. New England catch. Our fishing industry will never We are all aware of the devastating fishermen, stressed by declining survive if we make that mistake. effect overfishing has had on our eco- stocks, higher prices and a shortened Protecting the natural resource is in- system. European stocks have been se- season, face bleak times as we await telligent public policy, whether we are verely overfished, accounting for world the slow process of rebuilding ground- talking about the industry’s interest or interest in U.S. stocks. While our fish stocks. the public interest or the interest of stocks are considered to be strong, Already, we have too many boats the conservation community. I support stocks of mackerel and herring, many chasing too few fish and far too many this moratorium to allow the National in the industry do not believe they are vessels that will never again go to sea Marine Fisheries Service and the De- robust enough to withstand the take of at all. Without this bill, local fleets partment of Commerce time to com- large factory trawlers. There is no Fed- trying to diversify their interests will plete the requirements as outlined in eral fishery management plan for her- be rewarded only by drastic levels of the bill. ring and the scientific information on new competition that will remain with Mr. Speaker, many of my constitu- the abundance of both species is ques- us forever. ents up in Gloucester, as well as other tionable. For the sake of both fish and the areas of my district, are extremely Mr. Speaker, we simply cannot re- fishermen, it is my own hope that the concerned about this issue. In fact, I peat the mistakes of the past by over- Fisheries Council will develop and im- know many of these people who have fishing and overcapitalizing our marine plement management plans that make worked tirelessly on the issue and sup- resources. This is responsible legisla- further congressional action unneces- port this bill are now watching the de- tion and I urge its passage. sary. I strongly support H.R. 1855 be- bate at this very moment. I join them H5834 CONGRESSIONAL RECORD — HOUSE July 28, 1997 in pressing for the necessary protection Mr. SAXTON. Mr. Speaker, yielding NEW MEXICO STATEHOOD AND EN- to continue the fishing tradition that myself such time as I may consume, as ABLING ACT AMENDMENTS OF has been passed down from family to has been stated here with regard to the 1997 family, from generation to generation. species in question, there is a signifi- Mr. SAXTON. Mr. Speaker, I move to It is my hope that we will not inherit cant population of herring and mack- suspend the rules and pass the Senate from a previous generation the problem erel, and we believe that it is impor- bill (S. 430) to amend the act of June of depleting these much-needed re- tant that we maintain a balance within 20, 1910, to protect the permanent trust sources. the ocean ecosystem and that this spe- funds of the State of New Mexico from Again, I thank the ranking member cies should be protected from over- erosion due to inflation and modify the and the chairman for providing me a harvesting. basis on which distributions are made chance to have input in this process. We do not want, in other words, his- Mr. ABERCROMBIE. Mr. Speaker, from those funds. tory to repeat itself, as it did with the The Clerk read as follows: may I inquire as to how much time is shark population, when the National S. 430 remaining? Marine Fishery Service, in the 1980’s, The SPEAKER pro tempore. The gen- declared it an underutilized species. Be it enacted by the Senate and House of Rep- tleman from Hawaii [Mr. ABERCROMBIE] resentatives of the United States of America in The species was fished on with very, Congress assembled, has 10 minutes remaining and the gen- very heavy fishing pressure. And by tleman from New Jersey [Mr. SAXTON] SECTION 1. PERMANENT TRUST FUNDS OF THE 1993, the National Marine Fisheries STATE OF NEW MEXICO. has 14 minutes remaining. Service had to declare the shark fish- Mr. ABERCROMBIE. Mr. Speaker, I (a) SHORT TITLE.—This Act may be cited as ery an endangered fishery. the ‘‘New Mexico Statehood and Enabling yield 2 minutes to the gentleman from As with regard to other historical Act Amendments of 1997’’. Maine [Mr. BALDACCI]. precedents, red fish in the Gulf of Mex- (b) INVESTMENT OF AND DISTRIBUTIONS b 1430 ico, in 1980 it was declared an underuti- FROM PERMANENT TRUST FUNDS.—The Act of lized species, and by 1986, with the tak- June 20, 1910 (36 Stat. 557, chapter 310), is Mr. BALDACCI. Mr. Speaker, I thank amended— the gentleman from Hawaii [Mr. ABER- ing of more than 10 million tons a year, (1) in the proviso in the second paragraph CROMBIE] for yielding me the time. the species became overutilized, over- of section 7, by striking ‘‘the income there- Mr. Speaker, I rise today in support fished, and endangered. from only to be used’’ and inserting ‘‘dis- of H.R. 1855. As a cosponsor of this leg- Another example is with regard to an tributions from which shall be made in ac- islation, I know that it is going to es- international problem with regard to cordance with the first paragraph of section tablish a moratorium on entry of large the Atlantic blue fin tuna. During the 10 and shall be used’’; fishing vessels in the Atlantic for her- 1970’s, blue fin were abundant all over (2) in section 9, by striking ‘‘the interest of the north Atlantic and the south At- which only shall be expended’’ and inserting ring and mackerel fisheries. ‘‘distributions from which shall be made in Herring have provided a living for lantic, as well. Today, the blue fin pop- accordance with the first paragraph of sec- Mainers for well over 100 years. From ulation, because of overfishing, is just tion 10 and shall be expended’’; and sardines and exports to lobster bait, 13 percent of what it was back in those (3) in the first paragraph of section 10, by the fishery continues to play a promi- years. adding at the end the following: ‘‘The trust nent role in the economies of coastal So, in order to avoid this occurrence funds, including all interest, dividends, other communities. Estimates and anecdotes with regard to herring and mackerel, I income, and appreciation in the market suggest that a large herring fishery ex- urge passage of this bill. value of assets of the funds shall be pru- ists, but the resource is poorly under- Mr. Speaker, I yield back the balance dently invested on a total rate of return basis. Distributions from the trust funds stood. of my time. shall be made as provided in Article 12, Sec- The National Marine Fisheries Serv- The SPEAKER pro tempore (Mr. tion 7 of the Constitution of the State of ice has not yet done a stock assess- GOODLATTE). The question is will the New Mexico.’’. ment. While the resource appears to House suspend the rules and pass the (c) CONSENT OF CONGRESS.—Congress con- have potential, it is of grave concern to bill, H.R. 1855, as amended. sents to the amendments to the Constitution most of the maritime community that The question was taken; and (two- of the State of New Mexico proposed by Sen- there is no fishery management plans thirds having voted in favor thereof) ate Joint Resolution 2 of the 42nd Legisla- in place and that there is no way to en- the rules were suspended and the bill, ture of the State of New Mexico, Second Ses- sure that the harvest is conducted at a sion, 1996, entitled ‘‘A Joint Resolution pro- as amended, was passed. posing amendments to Article 8, Section 10 sustainable rate. A motion to reconsider was laid on and Article 12, Sections 2, 4 and 7 of the Con- The absence of sound science clearly the table. stitution of New Mexico to protect the impacts the ability of the councils to State’s permanent funds against inflation by develop or amend the appropriate fish- f limiting distributions to a percentage of ery management plans. It is clear that each fund’s market value and by modifying the councils are moving in that direc- FURTHER MESSAGE FROM THE certain investment restrictions to allow op- tion. I believe that it is essential to de- SENATE timal diversification of investments’’, ap- velop the research that will serve as proved by the voters of the State of New A further message from the Senate Mexico on November 5, 1996. the foundations for sound plans. This by Mr. Lundregan, one of its clerks, an- bill does just that. It calls for the The SPEAKER pro tempore. Pursu- nounced that the Senate had passed ant to the rule, the gentleman from science to be conducted. It gives the without amendment a concurrent reso- councils the breathing room necessary New Jersey [Mr. SAXTON] and the gen- lution of the House of the following tleman from American Samoa [Mr. to develop solid plans. title: What makes congressional action FALEOMAVAEGA] each will control 20 necessary is the prospect that fishing H. Con. Res. 123. Concurrent resolution minutes. providing for the use of the catafalque situ- The Chair recognizes the gentleman efforts for the two species may rapidly ated in the crypt beneath the rotunda of the from New Jersey [Mr. SAXTON]. overdevelop and include very large Capitol in connection with memorial serv- freezer trawlers. This troubling sce- ices to be conducted in the Supreme Court Mr. SAXTON. Mr. Speaker, I yield nario is compounded by the very real Building for the late honorable William J. myself such time as I may consume. possibility that this could all occur be- Brennan, former Associate Justice of the Su- Mr. Speaker, S. 430 is identical to fore comprehensive plans are in place. preme Court of the United States. H.R. 1051, a bill introduced by my col- I would add that the moratorium The message also announced that the league, the gentleman from New Mex- would be temporary. It would remain Senate had passed a concurrent resolu- ico [Mr. SKEEN]. S. 430 is a result of in place until the completion of popu- tion of the following title, in which the very hard work by the gentleman from lation survey and the approval of man- concurrence of the House is requested: New Mexico [Mr. SKEEN] and the entire agement plans. I urge my colleagues to S. Con. Res. 33. Concurrent resolution au- New Mexico delegation and has no op- support H.R. 1855. thorizing the use of the Capitol Grounds for position from the Administration. Fur- Mr. ABERCROMBIE. Mr. Speaker, I the National SAFE KIDS Campaign SAFE thermore, this bill is very beneficial to yield back the balance of my time. KIDS Buckle Up Car Seat Check Up. citizens of New Mexico. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5835 I would also like to commend my Mr. SKEEN. Mr. Speaker, I thank the is in conformity with this new change in the other colleague, the gentleman from gentleman from New Jersey [Mr. New Mexico Constitution. New Mexico [Mr. SCHIFF], who has SAXTON] for yielding me the time. Also, In 1957 Congress amended the Enabling added his support to the bill. S. 430 I want to thank majority and minority Act to allow State permanent fund investments would amend the New Mexico Enabling groups for the rapidity with which they in corporate stocks for the first time. However, Act of June 20, 1910, in order to protect have responded to an emergency situa- that amendment made no provision regarding the permanent trust funds of the State tion insofar as this kind of enabling act how distributions were to be made from in- of New Mexico from erosion due to in- is concerned. I want to express the vestment returns from the stock. So in fact it flation by modifying the basis on which greatest appreciation to the majority was ruled that only dividends from stocks distributions are made from those and minority leadership for their help could be distributed which has the effect that funds and by loosening the current in- in expediting the consideration, and I no significant investments were made in vestment restrictions. The modifica- also want to express my sincere thanks stocks. The real impact meant that invest- tions include changing the payout to a to the leadership of the House of Rep- ments were in fact basically limited to invest- fixed percentage of the fund, thereby resentatives committee and their ments that were income based. allowing a portion of the interest and staffs. Mr. Speaker, New Mexico's budget year be- dividend income received to be rein- Members on both sides of the aisle gins on July 1. Passage of this legislation now vested. This bill would also loosen in- have gone out of their way to help New will allow the State to disburse last year's vestment restrictions and allow broad- Mexico, and I want to express our earnings for the benefit of meeting the edu- er investments options and opportuni- greatest appreciation to all of them for cational needs of the State's children. It is im- ties. doing this in a timely fashion. I am not portant that the New Mexico permanent fund Mr. Speaker, this bill has already going to spend a lot of time on this be- be managed in a modern and effective man- been overwhelmingly endorsed by the cause I think the responses from the ner. These changes will allow that to happen voters of New Mexico, has been passed two gentleman that are handling the and further it will allow the State to preserve by the Senate, and I urge my col- bill today indicates the nature and why the two permanent funds the State maintains leagues to support S. 430. it is here before us. for future generations. In closing I once again Mr. Speaker, I reserve the balance of And once again, I will say it over and want to thank everyone involved in helping my time. over again, this proves that this body New Mexico gain passage of this important (Mr. FALEOMAVAEGA asked and can move rapidly to a situation and legislation. Mr. FALEOMAVAEGA. Mr. Speaker, was given permission to revise and ex- with much appreciation for the rapid- tend his remarks.) I too certainly would like to commend ity in which they have done this be- Mr. FALEOMAVAEGA. Mr. Speaker, the gentleman from New Mexico [Mr. cause it was becoming an emergency I yield myself such time as I may SKEEN] as the chief sponsor of this kind of situation for New Mexico. consume. piece of this legislation. I am sure that Thanks once again to the entire body Mr. Speaker, S. 430 is an important on a bipartisan basis we are able to and members of the staff and those housekeeping measure that amends the work very well in getting this piece of folks who support this bill. act of June 20, 1910, which provided legislation through this Chamber. I Mr. Speaker, I am here today to support statehood to the territory of New Mex- thank the gentleman for being here passage of S. 430, a bill amending the New ico. The bill changes the manner in and for the comity on the work that Mexico Statehood and Enabling Act of 1910. which State permanent funds are in- both subcommittee members have The entire New Mexico delegation supports vested and also changes the distribu- tried earnestly to get this legislation this legislation as well as Gov. Gary Johnson tion formula for fund revenues. through. Mr. Speaker, the voters of New Mex- and the State legislature. Mr. Speaker, I yield 4 minutes to the ico approved these changes to the New I do want to express our State's greatest gentleman from New Jersey [Mr. appreciation to the majority and minority lead- Mexico State Constitution in 1996 in an PALLONE]. effort to maximize the returns of the ership for their help in expediting the consider- Mr. PALLONE. Mr. Speaker, I am in funds, which are used for education and ation of the legislation. I also want to express support of the bill at hand, but I really the care of the poor and needy in the my sincere thanks to the leadership of the got up because I would like to speak on State of New Mexico. Since the reve- House Resources Committee and their staffs. H.R. 1855, which I know just passed. I nues in the two New Mexico funds are Members on both sides of the aisle have am very pleased over the fact that it derived from activities that occur on gone out of their way to help New Mexico and did. This is an important bill, H.R. 1855, former Federal lands granted to the I want to express our appreciation. that protects an important resource to State under the Enabling Act of 1910, it This legislation is identical to H.R. 1051 fishermen in my district from over- is necessary to obtain the consent of which was cosponsored by Representative utilization and depletion. Congress before the State’s constitu- STEVE SCHIFF and Representative BILL I would like to just summarize by tional amendments can be imple- REDMOND. The Parks and Public Lands Sub- saying that H.R. 1855 serves to prohibit mented. committee of the House Resources Committee large fishing vessels from engaging in The Subcommittee on National held a hearing on the legislation June 17. the harvest of Atlantic herring and At- Parks and Public Lands held a hearing There is no opposition to the legislation and lantic mackerel within our EEZ wa- on H.R. 1051, the House companion bill the administration has no objection to the leg- ters. Mr. Speaker, these large vessels to S. 430, on June 17, 1997. The legisla- islation. S. 430 passed the Senate on May 22, should be temporarily restricted from tion is supported by the entire New 1997. the Atlantic herring and Atlantic Mexico congressional delegation. The Basically the issue behind this legislation in- mackerel fishery until accurate infor- administration has no objection to the volves the manner in which the State of New mation has been collected. To date, no measure, and I am not aware of any Mexico invests its money and how it then dis- ship of this size has fished this vulner- controversy associated with this bill. I perses the funds to our public schools, higher able fishery. support S. 430 and recommend that the education, State hospitals, the School for the I must inform this Chamber that I House approve this proposed legisla- Visually Handicapped, the School for the Deaf, am not concerned as to whether NMFS tion. and others. The Enabling Act has governed has declared these stocks to be fully Mr. Speaker, I reserve the balance of the distribution of State investment funds and utilized or even underutilized. These my time. related activities since statehood. However as vessels have the potential of making Mr. SAXTON. Mr. Speaker, I yield investment patterns changed it became appar- any fishery overutilized in a short pe- such time as he may consume to the ent to New Mexico that the system no longer riod of time. Large fishing trawlers are gentleman from New Mexico [Mr. was keeping pace with modern investment highly efficient and can catch five to SKEEN], the author of the House bill, strategies. Following an intensive review the six times more than any vessel cur- who has worked untiringly to bring issue was placed before the voters last year rently registered with NMFS on the this bill to the floor, and my gratitude as an amendment to the New Mexico Con- Atlantic coast. Furthermore, the proc- to the gentleman from New Mexico stitution. The amendment passed by a 2 to 1 essing capacity of large vessels is so [Mr. SKEEN] for the hard work that he margin. All this legislation does is amend the great that they can fill quotas. As a re- has pursued on this measure. New Mexico Statehood and Enabling Act so it sult, these ships will compromise the H5836 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Atlantic herring and the Atlantic EXPRESSING SENSE OF CONGRESS cific salmon fishery and the slow response to mackerel fishing seasons. REGARDING ACTS OF ILLEGAL those acts should be condemned; AGGRESSION BY CANADIAN (2) the President should immediately take As members of our committee are steps to protect the interests of the United aware, stock quotas are spread over a FISHERMEN WITH RESPECT TO States with respect to the Pacific salmon number of ships and are not meant to PACIFIC SALMON FISHERY fishery and should not tolerate threats to be filled by a small percentage of ships. Mr. SAXTON. Mr. Speaker, I move to those interests; My fear is that a large, highly efficient suspend the rules and agree to the con- (3) the President should use all necessary ship could close a fishery and reduce current resolution (H. Con. Res. 124), and appropriate means to prevent any fur- its stock simply because of the number expressing the sense of the Congress re- ther illegal or harassing actions against the United States or its fishermen with respect of fish it can catch. I am concerned garding acts of illegal aggression by to the Pacific salmon fishery; and with NMFS’s ability to react if over- Canadian fishermen with respect to the (4) negotiations with the stakeholders with utilization occurs and this fishery Pacific salmon fishery, and for other respect to the Pacific salmon fishery should needs to be shut down. If we allow a purposes, as amended. resume in good faith in the fall following the ship of this size into a forage fishery The Clerk read as follows: 1997 fishing season. and we are mistaken as to the size of H. CON. RES. 124 The SPEAKER pro tempore. Pursu- the stock, we will have a problem. And Whereas Pacific salmon migrate across ant to the rule the gentleman from I would prefer that we err on the side international boundaries, allowing United New Jersey [Mr. SAXTON] and the gen- of conservation, not exploitation. States salmon stocks and Canadian salmon tleman from Hawaii [Mr. ABERCROMBIE] stocks to intermingle as they travel through In the past, we have encouraged high- each will control 20 minutes. the waters of the North Pacific Ocean; The Chair recognizes the gentleman ly efficient gears to fish underutilized Whereas after many years of negotiations, stocks. I do not want to get into exam- in 1985 the United States and Canada signed from New Jersey [Mr. SAXTON]. ples. But I have to say that in the the Pacific Salmon Treaty based on a pri- b 1445 mary principle of conservation and a second- 1980’s we encouraged the fishing gears Mr. SAXTON. Mr. Speaker, I yield to redirect efforts toward the shark ary principle of equity; Whereas the United States and Canada myself such time as I may consume. species. At the time, sharks were con- formed the Pacific Salmon Commission to Mr. Speaker, House Concurrent Reso- sidered to be underutilized. Since then, implement the Pacific Salmon Treaty; lution 124 is introduced in response to we have witnessed a drop in various Whereas the Pacific Salmon Commission illegal actions taken by Canadian fish- shark species as a result of this redi- does not regulate the Pacific salmon fishery, ermen on the weekend of July 19, 1997. rected effort. but provides regulatory advice and rec- Two hundred and fifty Canadian fisher- ommendations to the United States and Can- Mr. Speaker, we should learn from ada; men illegally blockaded an Alaskan that mistake and be cautious of re- Whereas since the signing of the Pacific ferryboat leaving from Prince Rupert, directing any highly efficient gear. I Salmon Treaty, the United States and Can- British Columbia. By taking these ac- want to say, Mr. Speaker, that a vote ada have not agreed on the definition of ‘‘eq- tions, Canada has escalated the Pacific in favor of H.R. 1855 is a vote for pro- uity’’ for purposes of the principle of equity salmon treaty negotiations beyond the tecting one of our Nation’s largest pub- underlying the Treaty, and this disagree- scope of the treaty. lic resource. We have the opportunity ment has created a rift between the 2 govern- The gentleman from Alaska [Mr. ments and the regional stakeholders of the YOUNG], the chairman of the Commit- to save the fish stock not only for Pacific salmon fishery; those fishermen who depend on this re- Whereas Pacific salmon fishery regulatory tee on Resources, has referred to the source along the Atlantic coast, but for regimes have not been in place since 1994 be- blockade as goon squad tactics. While I future generations of fishermen as cause of a lack of agreement; do not go quite that far, I find the well. That is why I strongly urge my Whereas an illegal fee in violation of inter- blockade very unfortunate and very colleagues to support and pass H.R. national agreements was assessed on the disruptive to negotiations, negotia- 1855. United States fishermen traveling to Alaska, tions which are extremely important and neither the United States Government to another species, several species ac- I want to thank the gentleman from nor United States fishermen have been reim- New Jersey [Mr. SAXTON] for all the bursed for that fee; tually, of the Northwest salmon popu- work that he has done on this legisla- Whereas since 1994, the United States and lation. tion. Canada have used special negotiators, a me- House Concurrent Resolution 124 diation process, and the current stakeholders asks the President to use all necessary I would also like to note that with the de- process to attempt to resolve past disputes and appropriate means to compel the pleted state of the North Atlantic groundfish, and negotiate annual and long-term Pacific Government of Canada to prevent any and restrictions on other fisheries, certain New salmon fishery regimes; further illegal actions. In addition, the England fishermen have been forced into the Whereas the good faith efforts of the Unit- ed States in attempting to resolve dif- resolution urges Canada to return to mackerel and herring fishery. It is my belief the negotiations this fall after the fish- that this highly efficient gear will most likely ferences under the Pacific Salmon Treaty have not been matched, as demonstrated in ing season has ended. I would also like compromise their needs and whatever relief particular by the rejection of continued at- to urge Canada to return to the nego- these fishermen have experienced through tempts by the United States to reach agree- tiations without further incidents. herring and mackerel fisheries. ment and the withdrawal from negotiations Mr. Speaker, this is an extremely im- Mr. FALEOMAVAEGA. Mr. Speaker, in June 1997 when an agreement seemed im- portant matter. It affects the liveli- I have no additional speakers at this minent; hood and the lives of American citi- Whereas Canadian fishermen have been time, and I yield back the balance of frustrated with their own government’s ef- zens, many of whom live in the State of my time. fort to resolve the Pacific Salmon Treaty Alaska. It is also important because Mr. SAXTON. Mr. Speaker, we have disputes and have used the harassment of this House, along with the other House no additional speakers at this time, United States citizens as a way to get atten- and our Government, and I am sure the and I yield back the balance of my tion; Canadian Government as well, would time. Whereas Canadian fishermen, in protest like to take appropriate and necessary over the lack of an agreement regarding var- steps to provide for the rebuilding of The SPEAKER pro tempore. The ious issues under the Pacific Salmon Treaty, salmon stock in the Northwest. This question is on the motion offered by recently undertook acts of illegal aggression the gentleman from New Jersey [Mr. against United States citizens by blocking incident that occurred just a few days ago stands in the way of that process. SAXTON] that the House suspend the the passage of a United States vessel, and rules and pass the Senate bill, S. 430. there was a failure to act quickly to end We believe that it should be brought to those acts; and a hasty end. The question was taken; and (two- Whereas those acts and that failure should Mr. Speaker, House Concurrent Reso- thirds having voted in favor thereof) be condemned: Now, therefore, be it lution 124 was originally referred to the Resolved by the House of Representatives (the the rules were suspended and the Sen- Committee on Resources and the Com- ate bill was passed. Senate concurring), That it is the sense of the Congress that— mittee on International Relations. The A motion to reconsider was laid on (1) the recent acts of illegal aggression by version we are taking up today under the table. Canadian fishermen with respect to the Pa- the suspension of the rules has been July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5837 modified to address concerns raised by verse the decline in the population of conducting the disruptive act of aggression to the Committee on International Rela- the Northwest Pacific salmon. We are bring attention to their government because of tions and is now referred solely to the working diligently with Members from their frustrations and claims that Alaska is Committee on Resources. I urge my four northwestern States to try to ar- overharvesting sockeye salmon headed for colleagues to support this timely and rive at an American plan. We are work- spawning waters in the Fraser River. much needed resolution. ing with the gentleman from Alaska As outrageous as this act was by the Cana- Mr. Speaker, I reserve the balance of [Mr. YOUNG] because a very important dian fishermen, equally unacceptable was the my time. part of the salmon stock comes from slow response by the Canadian Government Mr. ABERCROMBIE. Mr. Speaker, I Alaska. And we are hopeful that the to enforce its own laws. Canada allowed this yield myself such time as I may folks in British Columbia will be able situation to go on for 3 days. Even after a Ca- consume. to put in place a conservation plan for nadian Federal judge ordered the blockade (Mr. ABERCROMBIE asked and was that part of the stock. ended, Royal Canadian Mounted Police took given permission to revise and extend But it goes without saying that un- no immediate action to enforce the order and his remarks.) less we have not only domestic co- end the blockade. Mr. ABERCROMBIE. Mr. Speaker, operation, and, incidentally, we have Canada is our neighbor and valued ally. We the gentleman from New Jersey [Mr. tentatively scheduled a hearing in respect her sovereignty, and we support a free SAXTON] has referred to the gentleman Idaho on this very matter during the trade relationship that benefits the long-term from Alaska [Mr. YOUNG], our great break, during the August break for, I stability and growth of both our nations' chairman, and in the context of his re- believe, the 15th of the month, and so economies. This is why I have been a strong marks quoted one or two of them from we are diligently doing what we can to supporter of the North American Free Trade the gentleman from Alaska. try to reverse the population decline of Agreement [NAFTA]. My State borders Can- Mr. Speaker, I am sure it is known this species. ada, and my State benefits from open access that the gentleman from Alaska [Mr. I personally appeal to the Canadian to Canadian markets. My State also has a sig- YOUNG] has a well-deserved reputation Government and to others who may be nificant fishing industry as a component of its for being blunt and direct. It remains aware of our discussions here today to economy, and this industry has been hard hit for the gentleman from New Jersey move as rapidly as we possibly can on by a variety of unfortunate factors such as en- [Mr. SAXTON] and myself to take up the an international basis to bring this dangered species listings and El Nino condi- diplomatic mantle with respect to our very important conservation matter to tions that have closed and reduced access to committee and those elements ex- a conclusion. We care about American key fisheries. Many fishermen have gone out pressed to us by the Committee on fishermen, we care about Canadian of business and the survivors are struggling. International Relations. fishermen, and we care about the salm- Our fishermen recognize that the migratory May I say in any context, Mr. Speak- on stock very much. That is why we patterns of salmon means that Canada, Alas- er, that the Canadian Government is are moving so diligently to try to ac- ka, and the Pacific Northwest States have a indeed fortunate that the gentleman complish the goals outlined here today. shared responsibility for the conservation and from Alaska [Mr. YOUNG] is in the proc- Mr. Speaker, I have no further re- management of salmon populations moving ess of recuperating and recovering from quests for time, and I yield back the through adjacent waters. Progress and com- a recent operation, and I am sure all balance of my time. pletion of a new United States-Canada Treaty Members join with me in wishing the Mr. ABERCROMBIE. Mr. Speaker, I is the best insurance possible to provide sta- gentleman from Alaska a speedy recov- yield myself such time as I may bility for the commercial fishing industry on ery and a quick return to us here in the consume. both sides of the border. Congress. We need his leadership. We Mr. Speaker, I would say only in con- Our fishermen are frustrated as well. They need his dynamism here. clusion that the gentleman from Alas- want progress and they want results. But they In this particular instance, Mr. ka [Mr. YOUNG] is a man of resolute have respected the rule of law, and have com- Speaker, the long-running debate over purpose, and so I advise both Govern- municated their concerns through the adminis- the Pacific salmon treaty has been con- ments that they should take this op- tration and their elected officials. Canadian tentious without a doubt. But both the portunity to come to a quick conclu- fishermen are going to have to do the same, United States and Canada share re- sion. Otherwise, I think when the gen- and the Canadian Government is going to sponsibility for the continuing im- tleman from Alaska gets back, he will have to discourage future illegality by moving passe. As such, the recent blockade of be happy to volunteer to solve the swiftly to enforce its own laws. an Alaskan ferryboat, as referred to by whole problem all by himself. We encourage the President to join us in the gentleman from New Jersey [Mr. The remarks of the gentleman from condemning the actions taken by Canadian SAXTON], by Canadian fishermen was New Jersey [Mr. SAXTON] are well- fishermen 2 weeks ago, and urge the Cana- not only illegal, it was counter- taken, Mr. Speaker, and I trust that dian Government to condemn such acts as productive to the ongoing negotiations. both Governments will take this oppor- well. This resolution condemns the actions tunity, particularly over the break I believe that Canada should be justifiably of the Canadians, but, more impor- that we have coming, and bring the criticized for the deterioration of the present tantly, it urges them to return to the issue to a conclusion. situation regarding progress on treaty negotia- bargaining table that they abandoned Mr. DICKS. Mr. Speaker, I rise in strong tions. It was Canada that walked out on nego- this past June. Proper conservation support of the resolution being presented by tiations this past June, when the United States and management of the Pacific salmon the gentleman from Alaska. side was making significant moves toward a is more important to both the United This resolution is necessary because of an resolution. The only way that this situation is States and Canada than confrontation. unfortunate and unacceptable situation that going to be resolved is if everyone stays at We cannot reach a meaningful agree- took place 2 weeks ago, when certain Cana- the table. ment unless both sides are willing to dian fishermen took the law into their own Our side is working to make progress and I come to the table and negotiate in hands through an act of aggression aimed at urge the Canadians to work to do the same. good faith. the United States commercial fishing industry, Regarding the southern issues involved in the Mr. Speaker, I reserve the balance of allegedly in retaliation and frustration over the Pacific Salmon Treaty, the last United States my time. lack of progress in the renegotiation of the proposal on coho, built on detailed scientific Mr. SAXTON. Mr. Speaker, I yield United States-Canada Pacific Salmon Treaty. analysis, would have provided for sound con- myself such time as I may consume. Specifically, 2 weeks ago in Prince Rupert, servation and rebuilding of the depleted coho Mr. Speaker, I would just like to British Columbia, more than 150 Canadian stocks by reducing the harvest rate by ap- close by saying that on the domestic fishing vessels surrounded the Alaskan ferry proximately 50 percent. It would also have side in the United States and on the Malaspina, forming a blockade and would not provided a west coast Vancouver Island coho Canadian side in Canada, it is ex- let the ferry leave port for 3 days, stranding troll fishery approximately three times as large tremely important that we reach 300 innocent passengers, and disrupting a key as the United States fishery, and would have agreement internally in this country transportation link on the Alaska Marine High- enabled Canada to intercept approximately 30 as well as in Canada and between our way. The fishermen conducting the illegal percent more United States-origin coho than two countries on a plan that will re- blockade of the ferry claimed that they were U.S. fishers take in Washington and Oregon. H5838 CONGRESSIONAL RECORD — HOUSE July 28, 1997 In contrast, State Department negotiators indi- international law and harassed United States under conditions to be prescribed by the Ar- cate that the proposal that Canada put on the citizens. How many times are we supposed to chitect of the Capitol and the Capitol Police table failed to meet even the minimum require- put up with Canada's disregard for inter- Board. (b) EXPENSES AND LIABILITIES.—The spon- ments necessary to conserve coho. national law? House Concurrent Resolution sor shall assume full responsibility for all Regarding sockeye, the last proposal put on 124 asks the President to use all necessary expenses and liabilities incident to all activi- the table by the United States would have as- and appropriate means to compel the Govern- ties associated with the event. sured Canada received more than 80 percent ment of Canada to prevent any further illegal SEC. 3. EVENT PREPARATIONS. of the Fraser River sockeye harvest. To ac- actions. (a) STRUCTURES AND EQUIPMENT.—Subject complish this, the United States negotiators Mr. Speaker, Canada's past actions are se- to the approval of the Architect of the Cap- proposed a major restructuring of the sockeye rious and I would hope that Congress and the itol, the sponsor may erect upon the Capitol fleet to reduce the nontreaty commercial fish- administration can work together to develop grounds such stage, sound amplification de- ery by 40 percent. This would have led to sig- and implement measures to help protect the vices, and other related structures and nificant sacrifice on the United States side, but equipment, and may take such other actions, interests of the United States with respect to as may be required for the event authorized Canada would not recognize this and accept the Pacific salmon fishery. The United States to be conducted under section 1. the proposal, and instead pushed for an even should not tolerate threats to those interests (b) ADDITIONAL ARRANGEMENTS.—The Ar- greater reduction. from the action or inaction of a foreign govern- chitect of the Capitol and the Capitol Police The point is that our side has been trying ment or its citizens. Board may make such additional arrange- and is continuing to push for an overall re- Mr. ABERCROMBIE. Mr. Speaker, I ments as may be required to carry out the negotiation of the treaty that benefits both na- have no further requests for time, and event. tions. I believe that Mary Beth West, the lead I yield back the balance of my time. The SPEAKER pro tempore. Pursu- U.S. negotiator on the treaty, is working in The SPEAKER pro tempore (Mr. ant to the rule, the gentleman from good faith to reach an expeditious resolution GOODLATTE). The question is on the California [Mr. KIM] and the gentleman to the major sticking points in the negotiations. motion offered by the gentleman from from Texas [Mr. LAMPSON] each will Recently, she appointed former EPA Director New Jersey [Mr. SAXTON] that the control 20 minutes. and Washington resident William Ruckels- House suspend the rules and agree to The Chair recognizes the gentleman haus, to serve as a mediator to help get the the concurrent resolution, House Con- from California [Mr. KIM]. negotiations back on track. current Resolution 124, as amended. Mr. KIM. Mr. Speaker, I yield myself We all want to see progress and a long- The question was taken; and (two- such time as I may consume. term resolution to problems associated with thirds having voted in favor thereof) Mr. Speaker, I rise in support of the extension of the United States-Canada Pa- the rules were suspended and the con- House Concurrent Resolution 98, au- cific Salmon Treaty. However, illegal acts and current resolution, as amended, was thorizing the use of the Capitol attempts at blackmail are not the way to make agreed to. Grounds for the Safe Kids Car Seat the situation better and to move us forward. A motion to reconsider was laid on Check on August 28, 1997. This event is The negotiations are complex, the underlying the table. sponsored by the National Safe Kids issues have enormous economic implications f Campaign. This campaign will educate for the commercial and recreational fishing in- families about the importance of the dustry on both sides of the border. But we GENERAL LEAVE proper installation and use of car seats must deal with these matters and resolve ten- Mr. SAXTON. Mr. Speaker, I ask for children. Parents will have the op- sions through good faith negotiations. unanimous consent that all Members portunity to have an expert inspect car The Canadian fishermen were wrong to may have 5 legislative days within seats for proper installation. blockade the Alaskan ferry Malaspina, and the which to revise and extend their re- There is a nationwide effort to con- Canadian Government was wrong not to act to marks and to include extraneous mate- duct these inspections. This campaign enforce laws against that illegal action. rial on the legislation just considered, is a grassroots effort intended to de- I support this resolution condemning these H.R. 1855, S. 430 and House Concurrent liver important safety messages events and urge Canada to return to good Resolution 124. through more than 200 Safe Kids Coali- faith negotiations on the Pacific Salmon Trea- The SPEAKER pro tempore. Is there tions and other private service organi- ty. objection to the request of the gen- zations nationwide. This event is open Mr. YOUNG of Alaska. Mr. Speaker, I have tleman from New Jersey? to the public and free of charge and introduced House Concurrent Resolution 124 There was no objection. will be arranged not to interfere with to respond to what I call goon squad tactics f the needs of Congress under the condi- taken by Canadian fishermen on the weekend tions prescribed by the Architect of the of July 19, 1997. AUTHORIZING USE OF CAPITOL Capitol and the Capitol Police Board. Canadian fishermen, frustrated with their GROUNDS FOR SAFE KIDS BUCK- I urge my colleagues to support this Government's effort to resolve Pacific Salmon LE UP CAR SEAT SAFETY CHECK important resolution. Treaty disputes, further escalated the salmon Mr. KIM. Mr. Speaker, I move to sus- Mr. Speaker, I reserve the balance of strife by illegally blockading the M/V pend the rules and agree to the concur- my time. Malaspina, an Alaskan ferry, in Prince Rupert, rent resolution (H. Con. Res. 98) au- Mr. LAMPSON. Mr. Speaker, I yield British Columbia. What I find most reprehen- thorizing the use of the Capitol myself such time as I may consume. sible, is the failure of the Canadian Govern- Grounds for the SAFE KIDS Buckle Up Mr. Speaker, I join the gentleman ment to enforce a court order to end the Car Seat Safety Check. from California [Mr. KIM] and other blockade. Innocent passengers were held hos- The Clerk read as follows: members of the Committee on Trans- tage while the Government of Canada turned H. CON. RES. 98 portation and Infrastructure in biparti- a blind eye. Resolved by the House of Representatives (the san support for House Concurrent Res- This isn't the first time the Government of Senate concurring), olution 98, which would authorize use Canada has condoned illegal actions. In 1994, SECTION 1. USE OF CAPITOL GROUNDS. of the Capitol Grounds for the Safe 258 United States fishermen were unfairly The National SAFE KIDS Campaign (in Kids Buckle Up program. The event is charged an illegal transit fee by the Canadian this resolution referred to as the ‘‘sponsor’’) scheduled for August 28 and is part of a Government to transit from Washington to shall be permitted to sponsor a public event, national effort to assist parents in pro- Alaska through the Inside Passage. U.S. fish- the SAFE KIDS Buckle Up Car Seat Safety tecting young children from the lead- ermen have only two choices when traveling Check, on the Capitol grounds on August 27 ing cause of unintentional death of from Washington to Alaska. The safe route is and 28, 1997, or on such other dates as the children, which is motor vehicle injury. Speaker of the House of Representatives and Each year, approximately 1,400 chil- through the Inside Passage, while the alter- the President pro tempore of the Senate may nate is traveling in the treacherous waters of jointly designate. dren die as motor vehicle passengers and more than 280,000 are seriously in- the Pacific Ocean. This illegal fee forced U.S. SEC. 2. TERMS AND CONDITIONS. vessels to either risk their safety or be illegally (a) IN GENERAL.—The event authorized to jured. I am deeply saddened to report fined. be conducted under section 1 shall be free of that in my State of Texas, Mr. Speak- In 3 years, the Canadian Government or its admission charge to the public and arranged er, 86 children age 8 and under died in citizens have purposefully ignored and violated not to interfere with the needs of Congress, motor vehicle crashes in 1995. Because July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5839 many of those children were com- these injuries could have been pre- safety of America's children, I strongly support pletely unrestrained, many of those vented. Car seats are proven life savers, House Concurrent Resolution 98. deaths could have been prevented. reducing the risk of death by 69 percent Mr. Speaker, I yield back the balance of my This event will focus on proper in- for infants and 47 percent for toddlers. time. stallation of car seats and provide Since 1990, the National Highway Ms. JACKSON-LEE of Texas. Mr. Speaker, other important preventive tips to re- Traffic Safety Administration has re- I rise this morning in support of House Con- duce injury and increase child safety. ported that 43 children have died as a current Resolution 98, legislation authorizing Educating our families is critical to result of air bag deployment. This is a the use of Capitol grounds for the safe kids protecting our children from becoming statistic that has prompted nationwide buckle-up car seat safety check. national statistics. It is a very worth- concern about air bags. But let me tell The car seat safety check is an excellent while event. It deserves our support. my colleagues the rest of the story. program worthy of our support. At the event, Mr. Speaker, it could prove to save Thirty-nine of these children would parents will be able to bring their cars and lives. have lived if they had been properly re- have an expert verify that their car seat is I also want to thank the gentleman strained in a child safety seat in the properly installed. This service is performed from California [Mr. KIM] and the gen- rear of their car. Eleven of those chil- free of charge so that it will be accessible to tleman from Pennsylvania [Mr. SHU- dren were infants placed in the front all families regardless of their income level. The car seat safety check will be sponsored STER] as well as the gentleman from seat of a car in a rear-facing child seat, by the National Safe Kids Campaign and by Minnesota [Mr. OBERSTAR] for their ex- and 27 of those children were totally peditious handling of this matter. unrestrained, while two others were General Motors Corp. and is scheduled to be held on August 28. With a ``yes'' vote today In closing, I would like to thank both only wearing their lap belts. the gentleman from Maryland [Mr. It will take a nationwide effort to we can ensure that it is held here on Capitol grounds thereby reinforcing the critical impor- HOYER] and the gentlewoman from combat this problem. Safe Kids Buckle tance of properly restraining and protecting Maryland [Mrs. MORELLA] for their in- Up is a grassroots effort that will dis- troducing the resolution and for focus- our Nation's children. seminate key safety messages through It is a tragic fact that motor vehicle crashes ing national attention on the impor- more than 200 Safe Kids Coalitions, are the leading cause of unintentional injury tance of child safety seat use. Unfortu- health and education outlets like hos- related death among children ages 14 and nately the gentleman from Maryland pitals and community health centers, under in the United States, accounting for [Mr. HOYER] could not come here this and GM dealerships in all 50 States. In more than 40 percent of all unintentional injury afternoon because of his involvement addition, educational workshops and related deaths. In 1995, 2,900 children ages with the Committee on Appropriations. car seat checkup events will be avail- 14 and under died, and more than 330,000 Mr. Speaker, I reserve the balance of able at participating GM dealerships. were injured, in motor-vehicle-related crashes. my time. The car seat checkup will be the Children ages 4 and under account for nearly Mr. KIM. Mr. Speaker, I yield 3 min- highlight of the program which will 40 percent of all childhood motor vehicle occu- utes to the gentlewoman from Mary- take place at the foot of the Capitol on pant deaths and nearly 30 percent of injuries. land [Mrs. MORELLA]. Thursday, August 28, to kick off the In my home State of Texas, 86 children, ages Mrs. MORELLA. Mr. Speaker, I ap- Labor Day weekend, one of the busiest 8 and under, died as occupants in motor-vehi- preciate the opportunity to bring travel weekends of the year. Federal cle-related crashes in 1995. Of these only 10 House Concurrent Resolution 98 to the employees, congressional Members and were restrained in child safety seats. House floor. This resolution will allow staff, and parents from the metropoli- The majority of these deaths and injuries the National Safe Kids Campaign to tan area are all invited to participate. are preventable. For while motor vehicle safe- use a small portion of the Capitol Hill I am honored to say that I am support- ty features are designed for the comfort and Grounds to conduct a car seat safety ing this event and the overall program protection of an adult-sized body, these same check. along with the gentleman from Mary- devices may place children at greater risk. I particularly want to thank the gen- land [Mr. HOYER], the other chief spon- Child safety seats and seat belts, however, tleman from California [Mr. KIM], the sor of this legislation. when correctly used and installed, can prevent subcommittee chairman. I want to b 1500 injury and save children's lives. thank also the gentleman from Penn- Child safety seats when correctly installed sylvania [Mr. SHUSTER], chairman of We urge everyone to support this and used, reduce the risk of death by 69 per- the Committee on Transportation and concurrent resolution allowing this cent for infants under age 1 and by 47 percent Infrastructure, and the gentleman from event to take place. Protecting our for toddlers ages 1 to 4. In fact, it is estimated Minnesota [Mr. OBERSTAR], the ranking children is a national issue that de- that if all child passengers ages 4 and under member, for their leadership and sup- serves national attention. were restrained, 200 of those children could port in moving this bill through the Mr. JONES. Mr. Speaker, I rise in support of be saved from death and an additional 20,000 House in a timely manner. House Concurrent Resolution 98, authorizing from injury a year. Sadly, however, almost 40 The Safe Kids Buckle Up initiative is the use of the Capitol for the safe kids buckle- percent of children ride unrestrained by either a joint project between the National up car seat safety check. child car seats or seat belts, and even when Safe Kids Campaign and General Mo- I have always believed, that it is of the ut- installed, 8 out of 10 car seats are installed tors Corp. to educate all families most importance, that we protect those who improperly. across America about the importance are unable to protect themselvesÐour Na- I urge my colleagues to vote with me this of buckling up on every ride. Child pas- tion's children. afternoon in support of House Concurrent senger safety is on the minds of citi- Sadly, in 1995, in North Carolina alone, 39 Resolution 98 and the safe kids buckle-up car zens nationwide. children, ages 8 and under died, as occupants seat safety check. This is a vote for our chil- This program will provide parents in motor vehicle accidents. Of these, only dren's lives. Thank you. and care givers with essential informa- nine, were restrained in child safety seats, and Mr. KIM. Mr. Speaker, I have no tion about properly securing children six were restrained by seat belts. Twenty-two other requests for time, and I yield in an automobile. It is not an insignifi- of these children were completely unre- back the balance of my time. cant issue, Mr. Speaker. Motor vehicle strained. Mr. LAMPSON. Mr. Speaker, I have crashes are the leading cause of unin- In other words, many of these deaths could no further speakers either, so I yield tentional injury-related death to chil- have been prevented, by proper child safety back the balance of my time. dren ages 14 and under. Yet 40 percent precautions. The SPEAKER pro tempore [Mr. of children are still riding unre- The safe kids buckle-up car seat safety GOODLATTE]. The question is on the strained. check will help parents learn the importance of motion offered by the gentleman from More disturbing is the fact that of child safety seats, and it will help them ensure California [Mr. KIM] that the House children who are buckled up, 8 out of 10 that the seats are used properly, so that we suspend the rules and agree to the con- are restrained incorrectly. Each year, can prevent such tragic deaths in the future. current resolution, House Concurrent more than 1,400 children die as motor This program will save children's lives. Resolution 98. vehicle passengers and an additional As a member of the bipartisan Missing and The question was taken; and (two- 280,000 are injured. Tragically, most of Exploited Children's Caucus, working for the thirds having voted in favor thereof) H5840 CONGRESSIONAL RECORD — HOUSE July 28, 1997 the rules were suspended and the con- forces loyal to Hun Sen were involved in the Nations Security Council to consider all op- current resolution was agreed to. March 30, 1997, grenade attack; tions to restore peace in Cambodia; A motion to reconsider was laid on Whereas in June 1997 fighting erupted in (9) the United States should encourage the Phnom Penh between military and para- Secretary General of the United Nations to the table. military forces loyal to First Prime Minister expand the monitoring operations of the f Prince Norodom Ranariddh and Second United Nations Special Representative on Prime Minister Hun Sen; Human Rights in Cambodia; GENERAL LEAVE Whereas on July 5, 1997, Second Prime (10) the United States and the Association Mr. KIM. Mr. Speaker, I ask unani- Minister Hun Sen deposed the First Prime of Southeast Asian Nations (ASEAN) should Minister in a violent military coup d’etat; mous consent that all Members may coordinate efforts to restore democracy, sta- Whereas at least several dozen opposition bility, and the rule of law in Cambodia; have 5 legislative days in which to re- politicians have died in the custody of Hun (11) direct United States assistance to the vise and extend their remarks and in- Sen’s forces, some after being tortured, and Government of Cambodia should continue to clude extraneous material on House hundreds of others have been detained due to be suspended until violence ends, a demo- Concurrent Resolution 98. their political affiliation; cratically elected government is reconsti- The SPEAKER pro tempore. Is there Whereas democracy and stability in Cam- tuted, necessary steps have been taken to en- bodia are threatended by the continued use sure that the election scheduled for 1998 objection to the request of the gen- of violence to resolve political differences; tleman from California? takes place in a free and fair manner, the Whereas internal Cambodian Government military is depoliticized, and the judiciary is There was no objection. reports and investigations by United States made independent; f drug enforcement agencies have reported (12) at least a substantial share of pre- that Hun Sen and his forces have received viously appropriated United States assist- CONCERNING THE CRISIS IN millions of dollars in financial and material ance to the Government of Cambodia should CAMBODIA support from major international drug deal- be redirected to provide humanitarian assist- ers; that Hun Sen has publicly threatened vi- ance to refugees and displaced persons in Mr. KIM. Mr. Speaker, I move to sus- olence against any Cambodian official who western Cambodia through nongovernmental pend the rules and agree to the resolu- attempts to arrest alleged drug barons Teng agencies or through Cambodian civilian, po- tion (H. Res. 195) concerning the crisis Bumma and Mong Rethy; and in a July 23, litical, or military forces that are opposing in Cambodia, as amended. 1997, press conference in Cambodia Teng the coup; and The Clerk read as follows: Bunma admitted to providing $1,000,000 to (13) the United States should call for an Hun Sen to fund the ongoing coup and is pro- emergency meeting of the Donors’ Consult- H. RES. 195 viding his personal fleet of helicopters flown ative Group for Cambodia to encourage the Whereas during the 1970s and 1980s Cam- by Russian pilots to ferry Hun Sen’s troops suspension of assistance as part of a multi- bodia was wracked by political conflict, civil to suppress democratic forces in western lateral effort to encourage respect for demo- war, foreign invasion, protracted violence, Cambodia; cratic processes, constitutionalism, and the and a genocide perpetrated by the Khmer Whereas representatives of the United Na- rule of law. Rouge from 1975 to 1979; tions and the Government of Thailand esti- Whereas the Paris Agreement on a Com- mate at least 30,000 Cambodian refugees (in- The SPEAKER pro tempore. Pursu- prehensive Political Settlement of the Cam- cluding wounded civilians and malnourished ant to the rule, the gentleman from bodia Conflict led to the end of 2 decades of children) displaced by the ongoing fighting California [Mr. KIM] and the gentleman civil war and genocide in Cambodia, dem- are massed, without assistance, in northwest from American Samoa [Mr. onstrated the commitment of the Cambodian Cambodia near the border of Thailand; FALEOMAVAEGA] each will control 20 people to democracy and stability, and es- Whereas the administration has suspended minutes. tablished a national constitution guarantee- assistance to Cambodia for 1 month in re- The Chair recognizes the gentleman ing fundamental human rights; sponse to the deteriorating situation in Cam- from California [Mr. KIM]. Whereas the 1991 Paris Peace Accords set bodia; and the stage for a process of political accommo- Whereas the Association of Southeast [Mr. KIM asked and was given per- dation, national reconciliation, and the Asian Nations (ASEAN) has decided to delay mission to revise and extend his re- founding of a state based on democratic prin- indefinitely Cambodian membership: Now, marks.) ciples; therefore, be it GENERAL LEAVE Whereas the international donor commu- Resolved, That it is the sense of the House Mr. KIM. Mr. Speaker, I ask unani- nity contributed more than $3,000,000,000 in of Representatives that— (1) the forcible assault upon the democrat- mous consent that all Members may an effort to secure peace, democracy, and have 5 legislative days within which to stability in Cambodia following the Paris ically elected Government of Cambodia is il- Peace Accords and currently provides over 40 legal and unacceptable; revise and extend their remarks on this percent of the budget of the Cambodian Gov- (2) the recent events in Cambodia con- resolution, House Resolution 195. ernment; stitute a military coup against the duly The SPEAKER pro tempore. Is there Whereas the Cambodian people clearly elected democratic Government of Cam- objection to the request of the gen- demonstrated their support of democracy bodia; tleman from California? (3) the authorities in Cambodia should when over 93 percent of eligible Cambodian take immediate steps to halt all extralegal There was no objection. voters participated in United Nations spon- violence and to restore fully civil, political, Mr. KIM. Mr. Speaker, I yield myself sored elections in 1993; and personal liberties to the Cambodian peo- such time as I may consume. Whereas since the 1993 elections, Cambodia ple, including freedom of the press, speech, Mr. Speaker, earlier this month the has made significant progress, as evidenced and assembly, as well as the right to a demo- world watched in disbelief as violence by the decision last month of the Associa- cratically elected government; tion of Southeast Asian Nations to extend erupted once again in Cambodia. On (4) the United States should release the re- July 5, Second Prime Minister Hun Sen membership to Cambodia; port by the Federal Bureau of Investigation Whereas notwithstanding the notable soci- and his forces loyal to him ousted the concerning the March 30, 1997, grenade at- democratically elected First Prime etal and economic progress since the elec- tack in Phnom Penh; tions of 1993, concern has increasingly been (5) the United States should declassify and Minister in a classic coup d’etat. raised regarding the fragile state of democ- release all reports by the United States Drug The chairman of our committee, the racy in Cambodia, in particular the quality Enforcement Agency related to Cambodia gentleman from New York [Mr. GIL- of the judicial system, which has been de- that were compiled between 1994 and the MAN], together with the ranking minor- scribed in a United Nations report as thor- present; ity member, the gentleman from Indi- oughly corrupt; unsolved attacks in 1995 on (6) the United States should press the au- ana [Mr. HAMILTON], along with several officials of the Buddhist Liberal Democratic thorities in Cambodia to investigate fully Party; and the unsolved murders of journal- and impartially all abuses and extralegal ac- of their colleagues, introduced House ists and political activists; tions that have occurred in Cambodia since Resolution 195 to express our deep con- Whereas tensions within the Cambodian July 4, 1997, and to bring to justice all those cern about the tragic events that have Government have erupted into violence in responsible for such abuses and extralegal unfolded in Cambodia. On behalf of the recent months; actions; gentleman from New York [Mr. GIL- Whereas on March 30, 1997, 19 Cambodians (7) the administration should immediately MAN], the chairman of the committee, were killed and more than 100 were wounded invoke section 508 of the Foreign Operations, and I express my appreciation to the in a grenade attack on a peaceful political Export Financing, and Related Programs Ap- gentleman from Indiana [Mr. HAMIL- demonstration in Phnom Penh; propriations Act, 1997 (Public Law 104–208), Whereas preliminary reports by eye- as it is required to do; TON] as well as to the gentleman from witnesses and reports in Phnom Penh to the (8) the United States should urgently re- Nebraska [Mr. BEREUTER] and the gen- FBI of witness intimidation indicate that quest an emergency meeting of the United tleman from California [Mr. BERMAN], July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5841 the chairman and ranking Democrat the Paris agreement and the U.N. su- Mr. KIM. I yield back the balance of respectively on the Subcommittee on pervised elections in 1993, Cambodia my time. Asia and the Pacific, in seeing that has enjoyed relative peace and prosper- Mr. FALEOMAVAEGA. Mr. Speaker, this resolution was able to move to the ity, with an economy expanding at a 7- I yield 3 minutes to the gentlewoman floor. percent rate. from California [Ms. LOFGREN]. The resolution expresses the sense of During the last 6 years, the inter- Ms. LOFGREN. Mr. Speaker, I rise in the House that the forcible change of national community has invested more strong support of this resolution and the democratically elected government than $3 billion to bring about this thank the gentleman from New York in Phnom Penh is illegal and unaccept- peace and stability in Cambodia. The [Mr. GILMAN] and the original cospon- able. The resolution also urges the ad- United States alone has contributed sors for introducing this important leg- ministration to take specific decisive over $300 million, increasing foreign as- islation. actions to return peace, stability and sistance to Cambodia to $38.4 million in Several months ago a number of democracy to the Cambodian people. 1997, with an administration request Cambodian emigres, now my constitu- We also call upon the Cambodian au- for $38.6 million for fiscal year 1998. ents, approached me with their con- thorities from all political factions to With the outbreak of violence again cerns about Second Prime Minister halt the violence and extralegal ac- in Cambodia where scores of Cam- Hun Sen and the fragility of democracy tions, bring to justice those people re- bodians have been killed, hundreds in Cambodia. When I asked the State sponsible for the reported abuses and wounded and executions and torture Department about this, I was informed restore all personal and civic freedoms widely used by Hun Sen’s forces, it that in their view the allegations that to the Cambodian people. begs the question, Mr. Speaker, wheth- had been brought to my attention As the leader of the free world, the er anything has changed in that coun- against Mr. Sen were, quote, merely United States must take resolute ac- try and whether the international com- part of the partisan bickering between tion whenever and wherever tyranny munity has achieved anything by the the parties. History, I am sad to say, threatens to destroy democracy. Cam- massive investment of time and re- has now proven my constituents cor- bodia has taken a regrettable, but sources in Cambodia. rect, certainly more knowledgeable hopefully temporary turn off the path Given the serious setbacks to Cam- than those in the State Department to democracy, peace and prosperity. It bodia’s democracy, I support the ad- who downplayed the concern. This resolution makes it clear that must not stand idly by while liberty is ministration’s freeze of United States the United States will not tolerate the threatened in Southeast Asia. assistance to Cambodia and applaud violence that has hit Cambodia or the I urge my colleagues to support this the cutoff and reduction in aid from anti-democratic actions of Hun Sen. timely and most important resolution. Germany and Australia. Mr. Speaker, I reserve the balance of As to Japan, Cambodia’s top donor of Mr. Sen’s killing spree, directed my time. aid, I hope they eventually will heed against those who would oppose him or who would seek to bring to light his re- Mr. FALEOMAVAEGA. Mr. Speaker, our call for the international commu- lations with the narcotic trade, has re- I yield myself such time as I may nity to suspend assistance until the re- sulted in the murder of hundreds of consume. turn of law and democratic government Mr. Speaker, I want to commend the Cambodians. in Cambodia. With foreign aid paying Last fall I had the privilege of meet- gentleman from New York [Mr. GIL- for half of Cambodia’s budget, cutting ing in San Jose´, at home, a number of MAN], the chairman of the Committee off assistance sends the strongest and prominent Cambodian ministers, in- on International Relations, and the most effective statement of objection cluding the Minister of the Interior gentleman from Indiana [Mr. HAMIL- to Hun Sen’s military rule in Phnom Hou Sok. The Minister of the Interior TON], the Democratic ranking member, Penh. has now been murdered by Hun Sen for introducing this timely measure Likewise, the decision of the Asean forces because of the reporting that he concerning the deplorable crisis in nations to stop Cambodia’s entry into did linking Sen to drug lords who are, Cambodia. I also would like to state Asean this month is an appropriate it is reported, bankrolling the new re- that I am also an original cosponsor of condemnation of Hun Sen’s resort to gime and trying to turn Cambodia, to this resolution. violence. quote the Washington Post, into a Mr. Speaker, I wanted to join my col- I applaud Secretary of State narco state. leagues of the Subcommittee on Asia Albright’s appointment of Stephen So- Mr. Speaker, the rampages in the and the Pacific, the chairman, the gen- larz as her special envoy to Cambodia killing fields of Cambodia have gone on tleman from Nebraska [Mr. BEREUTER], and am confident that our former col- for far too long. We must stand firm to the gentleman from California [Mr. league, a greatly respected Asia-Pacific prevent history from repeating itself BERMAN], the gentleman from Iowa policy expert, shall work with Sec- yet again. I support the suspension of [Mr. LEACH], and the gentleman from retary of State Albright and the Asean the assistance to Mr. Sen’s regime, I Illinois [Mr. PORTER] as original co- ministers delegation to mediate a po- support the call for the U.N. Security sponsors of this House Resolution 195. litical solution to Cambodia’s crisis. Action to take some action. I strongly Like many of our colleagues in Con- Mr. Speaker, while I am hopeful that support the calls for justice and democ- gress and those watching around the these efforts of the international com- racy in Cambodia. world, I was shocked, appalled and sad- munity will help in bringing peace and For the sake of the Minister of the dened by the return to violence in stability back to Cambodia, ultimately Interior who has now been murdered Cambodia, a small nation still wracked the matter will have to be decided by and the others who have already died by the scars of the Khmer Rouge geno- the Cambodian people themselves. I and for the victims of torture, I urge cidal killings of a million Cambodians would hope that we learned that from my colleagues to support this resolu- and a civil war that raged for 2 dec- our tragic experience in Vietnam, tion. I hope this marks merely the first ades. which resulted from shortsighted Unit- of many actions this Congress will take As everyone knows, Mr. Speaker, the ed States foreign policy. In the end it on this vital issue. We do know that co-Prime Minister Mr. Hun Sen has is the will of the people in the country the Cambodian people love peace and ousted Prince Ranariddh from Cam- that will determine whether democracy democracy. We must support their ef- bodia’s government, destroying the is to prevail. forts, and we must not tolerate or en- fragile democracy brokered by the 1991 Mr. Speaker, I would ask my col- tertain the notion that Hun Sen, who is Paris Peace Accords. The Paris peace leagues to adopt this worthy legisla- the perpetrator of a coup, could play a plan, backed by the United States, tion before us, which calls for our Na- part in democratic Cambodia any more China, the Soviet Union, Japan, Viet- tion and the international community than his predecessor Pol Pot could do nam, the Asean countries, France, the to support efforts leading to the resolu- so. United Kingdom, India, Australia and tion of peace, the rule of law and the Mr. LEACH. Mr. Speaker. I rise in strong other members of the United Nations democratic government in Cambodia. support of this important and timely resolution. was designed to bring to an end the Mr. Speaker, I reserve the balance of I would just offer a few thoughts on the very decades of conflict in Cambodia. Since my time. disturbing recent events in Cambodia. H5842 CONGRESSIONAL RECORD — HOUSE July 28, 1997 First, there should be no doubt the United Perhaps the biggest flaw in the U.N. effort was work together to prepare for democratic elec- States and the international community have the failure to assert control over the security tions in 1998. important interests at stake in Cambodia. The apparatus of Hun Sen in the run up to the Unfortunately, Secretary Albright's trip to United States helped lead the negotiations election. As to the failure to disarm the parties, Cambodia never happened and, just days among the Permanent Five members of the I would remind Members that disarmament after she had been scheduled to visit, Cam- U.N. Security Council leading up to the Cam- and demobilization did not occur because the bodia again plunged into armed conflict. This bodian peace agreement. We did so in order Khmer Rouge did not live up to their obliga- country, which has suffered so much, went to create a legitimate and internationally rec- tions. There was no support from any of the from euphoria over reports that Pol Pot had ognized government, to reduce foreign inter- countries providing peacekeeping troops for a been captured and might soon be brought to ference, advance regional peace and stability, U.N. mandate that encompassed forcible dis- trial, to the despair of another strongman tak- and avert the return to power of the genocidal armament. There was and is no NATO-like co- ing power through illegitimate means. Cam- Khmer Rouge. It remains in the U.S. interest alition that could accomplish this task. And bodia's fragile democracy was being disman- to see that those objectives are met. while this Member has long favored a modest tled by armed thugs and political assassina- Second Prime Minister Hun Sen's coup U.N. standing force to fulfill some of these ob- tion. While this is an old story for the people d'etat in CambodiaÐand there can be no jectives, such a force did not then and does of Cambodia, we had hoped it would be one doubt this was a coup, a sudden and decisive not now exist. that remained in their past. exercise of force in politicsÐand subsequent But there is also much to be proud of in The United States and the international resort to murder, torture, and political intimida- what was then an unprecedented peacekeep- community have been implicit in allowing this tion has betrayed the hopes for peace and ing effort. Over 350,000 refugees were repatri- latest tragedy. In 1993, the royalist-led demo- prosperity by the Cambodian people. It has ated. Over five million Cambodians were reg- cratic coalition decisively won the first elec- undermined the interests of the United States istered to vote. Despite Khmer Rouge at- tions held in Cambodia, soundly defeating Hun and the broader international community in a tempts to derail the election, a secret ballot Sen's formerly communist Cambodian Peo- politically and economically stable Cambodia was held in which the overwhelming majority ple's Party. These elections were marked by in which fundamental human rights are re- of Cambodians exercised their right to vote. In high voter turnout, despite the deadly political spected. It has set back Cambodia's efforts to the wake of the election an active opposition violence which preceded them. The people of join ASEAN and hindered its re-integration into press sprung up, over 100 foreign and indige- Cambodia spoke out strongly in favor of the world community. Vietnam's role, if any, in nous NGO's operated freely throughout the democratic self-government, but the inter- this affair may be troubling for regional stabil- country, and the once-feared Khmer Rouge national community denied their aspirations by ity. The coup also raises the specter of civil gradually diminished as a military force and allowing the loser of these electionsÐHun Sen war. Tragically, it may also very well help re- began to turn in on itself. Despite tremendous and the CPPÐto threaten and bully its way suscitate the Khmer Rouge at a moment of poverty, and serious human rights and democ- into maintaining a large share of power in the maximum peril for the movement, when it ap- racy concerns, there can be no doubt the peo- new government. I believe this decision was peared that its collapse was imminent, and ple of Cambodia were moving forward toward the root cause of this latest assault on Cam- that Pol Pot and other senior leadersÐevi- better days and a better life. bodian democracy because it sent the mes- dently now under house arrestÐmight be The egregious failure of Cambodia's leaders sage to Hun Sen that we are not willing to turned over to an international tribunal for to pursue the national interest instead of self- back up democracy in the face of force, and crimes against humanity. interest, most particularly on the part of Hun it was just a matter of time before he could Hence it is paramount that the United Sen, severely jeopardizes the hopes and discard with impunity the democratic struc- States, ASEAN, Japan, and other parties to dreams of the Cambodian people. The inter- tures we were building. the Paris accords promptly engage in a full national community needs to act now to pre- Now, our Government is preparing to make court press to make Hun SenÐand other vent a fait accompli, to use its very substantial the same mistake again. Since 1993, we have leaders within the CPPÐunderstand that no diplomatic and economic leverage to stave off allowed Hun Sen to build a legacy of intimida- Cambodian Government will not receive sig- the total collapse of prospects for a peaceful tion and corruption, and to strengthen his hold nificant international support if it uses political and prosperous Cambodia. After 25 years of on power, by ignoring belligerent and anti- intimidation and violence against its oppo- civil war, genocide, and national destruction, democratic tendencies on his part. Our admin- nents. Until very recently, I have been less the people of Cambodia deserve better. istration has refused to call Hun Sen's power than impressed by the vigor and determination Mr. PORTER. Mr. Speaker, I rise today to grab by its proper nameÐa coup. They have that the administration has brought to bear on express my strong support for the resolution suspended assistance to Cambodia for 30 this issue. offered by the gentleman from New York, [Mr. days to sort things out, but have not yet tied Hun Sen and his colleagues in the CPP, as GILMAN] and to urge all Members to give this resumption of assistance to the restoration of well as Prince Ranariddh and his supporters, matter their attention. As an original cosponsor the legitimate government, as the law would if need to understand that their mutual mis- of House Resolution 195, I am pleased that this had been declared a coup. calculations and zero-sum struggle for political the House has moved quickly to consider this I welcomed Secretary Albright's strong supremacy has driven a stake in the heart of resolution and to take a firm and principled po- words to ASEAN over the weekend and I a Cambodia's economic recovery and recon- sition regarding the violent, anti-democratic hope that this signals a firm resolve to stand struction. coup which recently took place in Cambodia. with and for the people and the democratic Prior to the recent deterioration in the politi- In April of this year, I sent a letter to Sec- forces in Cambodia. That is certainly the inten- cal and security environment, Cambodia's retary of State Madeleine Albright expressing tion of the Congress by passing this resolution prospects were brighter than at any time in the grave concerns about events that were going today. This resolution lays out a fair and flexi- last 25 years. But unless the political process on in Cambodia at that time. A copy of this let- ble approach to this difficult situation by calling created by the Paris accords is sustained, ter follows these remarks. Second Prime Min- for actions which send the right message not marcroeconomic instability, inflation, height- ister Hun Sen, who gained his position in the only to Hun Sen, but also to those others who ened levels of already widespread corruption, Cambodian Government not through elections would choose violence and thuggery over de- and a substantial decrease in aid from bilat- but by threatening violence, appeared to be mocracy and the rule of law. I want to espe- eral donors as well as the international finan- orchestrating a parliamentary coup by attempt- cially commend my friend, the chairman of the cial institutions are likely to result. Without for- ing to split the governing coalition which had International Relations Committee, for includ- eign external assistance, foreign investment, won the U.N.-sponsored 1993 elections. This ing in this resolution a statement concerning or significant revenues from tourism, Cam- letter followed an earlier one which seven of the redirection of assistance away from the bodia's already difficult external debt situation my colleagues and I sent to the co-prime min- Cambodian Government to those who are in will be exacerbated. In short, the Cambodian isters after the tragic March 30th grenade at- need as a result of this conflict. This is cer- economy will be seriously set back. These tack on Sam Rainsy and the Khmer National tainly the least our Government can do after consequences need to be very carefully con- Party during a peaceful demonstration calling failing the Cambodian people so miserably up sidered by the Hun Sen and his colleagues in for judicial reform. It was my hope that Sec- to this point. Phnom Penh. retary Albright would visit Cambodia during I believe that we have a duty to the Cam- The deteriorating situation in Cambodia has her trip to the region and, in her trademark bodian people, perhaps like no others, as a occasioned much criticism of the U.N. peace- manner, ``tell it like it is'' when she met with result of our involvement in so much that has keeping effort in Cambodia. Some of this criti- Hun Sen and First Prime Minister Ranariddh, gone wrong in the recent history of the Cam- cism is well-founded, but much of it is not. urging them to renounce political violence and bodian state. We owe the people of Cambodia July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5843 our moral support and strength. I am hopeful of the act popularly known as the Death on the High Seas Act would that 1998 will bring free and fair elections Death on the High Seas Act to aviation apply to the TWA crash until the re- where the Cambodian people can again ex- incidents, as amended. cent decision in the Zuckerman case. press their longing for democracy, freedom, The Clerk read as follows: b 1515 and a brighter future. I am also hopeful that H.R. 2005 However, as a matter of simple fair- the international community, led by the United Be it enacted by the Senate and House of Rep- ness and equity, a 1920 maritime ship- States, will give them this opportunity and re- resentatives of the United States of America in ping law should not apply to the vic- spect their choices by defending them from Congress assembled, tims of the TWA crash, and this is the SECTION 1. CLARIFICATION AMENDMENT the threat of violence, rather than giving in to injustice that this legislation will cor- (a) IN GENERAL.—Section 40120(a) of title it. rect if we pass this bill. CONGRESS OF THE UNITED STATES, 49, United States Code, is amended by insert- As of now, if we do not enact the bill HOUSE OF REPRESENTATIVES, ing ‘‘(including the Act entitled ‘An Act re- Washington, DC, April 23, 1997. lating to the maintenance of actions for of the gentleman from Pennsylvania Secretary MADELEINE ALBRIGHT, death on the high seas and other navigable [Mr. MCDADE], if a plane crashes into U.S. Department of State, Washington, DC. waters’, approved March 30, 1920, commonly the ocean, the Death on the High Seas DEAR MADELEINE: I am writing to express known as the Death on the High Seas Act (46 Act applies. This act denies families my grave concerns about recent and emerg- U.S.C. App. 761–767; 41 Stat. 537–538))’’ after the ability to seek compensation in a ing events in Cambodia, and to urge that the ‘‘United States’’. court of law for the loss of companion- United States take all appropriate actions to (b) APPLICABILITY.—The amendment made ship of a loved one, their relatives’ pain by subsection (a) applies to civil actions ensure that the situation there does not de- and suffering, or punitive damages. Ba- teriorate further. commenced after the date of the enactment It is my understanding that the situation of this Act and to civil actions that are not sically, they are limited to recovering in Phnom Penh is extremely tense at this adjudicated by a court of original jurisdic- only lost wages. time, and that Hun Sen seems to be attempt- tion or settled on or before such date of en- Thanks to the Zuckerman decision ing to orchestrate some sort of parliamen- actment. and this law, it means that parents will tary coup in an effort to wrest control of the SEC. 2. FAMILY ASSISTANCE TASK FORCE RE- receive almost no compensation in the Cambodian government from the present co- PORT. death of a child. On the other hand, if alition. It is also my understanding that par- Section 704(c) of the Federal Aviation Re- a plane crashes on land, State tort laws liamentarians from the FUNCINPEC coali- authorization Act of 1996 (49 U.S.C. 41113 apply. These would permit the award of tion are currently in hiding at the home of note; 110 Stat. 3269) is amended by striking nonpecuniary damages such as loss of First Prime Minister H.R.H. Prince ‘‘model plan’’ and inserting ‘‘guidelines’’. companionship and pain and suffering. Ranariddh, and that there are credible re- The SPEAKER pro tempore. Pursu- Simply put, Mr. Speaker, H.R. 2005 ports that FUNCINPEC members have been ant to the rule, the gentleman from kidnapped by military units loyal to Hun amends the Federal Aviation Act so Sen. Tennessee [Mr. DUNCAN] and the gen- the Death on the High Seas Act does If accurate, such developments are ex- tleman from Illinois [Mr. LIPINSKI] not apply to airline crashes. It would tremely disturbing, particularly in light of each will control 20 minutes. accomplish this by specifically stating the recent violent attack on Sam Rainsy The Chair recognizes the gentleman that the Death on the High Seas Act is during a Khmer National Party rally. It from Tennessee [Mr. DUNCAN]. one of the navigation and shipping laws would appear that certain parties are refus- Mr. DUNCAN. Mr. Speaker, I yield that do not apply to aircraft. ing to maintain their commitments to the myself as much time as I may With this legislation, we will ensure democratic political process, and thereby se- consume. that all families will be treated the riously jeopardizing the very future of the Mr. Speaker, this legislation was in- same, regardless of whether a plane Cambodian nation. I urge the administration in the strongest possible terms to call on the troduced on June 20 by our very distin- crashes into the ocean or onto land. parties to renounce political violence and guished colleague from Pennsylvania Again, Mr. Speaker, let me thank the manipulation, and to use peaceful, demo- [Mr. MCDADE], along with 40 bipartisan gentleman from Pennsylvania [Mr. cratic means to settle any disputes. colleagues. The gentleman from Penn- MCDADE] for his very swift response in The United States has invested a great sylvania [Mr. MCDADE] introduced this introducing this legislation, which will deal in the retrieval of the Cambodian state. legislation in response to the TWA 800 help a number of constituents in his Should events continue to unfold as they are tragedy last year. district, and others across the Nation presently doing, our efforts would most like- Let me just add that the gentleman who were devastated by the loss of ly be completely lost. We cannot afford, from their loved ones in the TWA Flight 800 a financial or moral perspective, to allow from Pennsylvania [Mr. MCDADE] has been reelected time and time again be- tragedy. this to happen. I thank you for your atten- Let me also thank the distinguished tion to this extremely urgent matter, and I cause he really cares about his con- would appreciate your keeping me apprised stituents and tries to help them in chairman of the full committee, the of events and U.S. actions in the wake of this every way that he can. This legislation gentleman from Pennsylvania [Mr. volatile situation. is another example of that because SHUSTER], for his outstanding leader- ship on this legislation, as well as the Sincerely, many young people from his district JOHN EDWARD PORTER, ranking member, the gentleman from died tragically in the TWA 800 crash. Member of Congress. Minnesota [Mr. OBERSTAR], and espe- But this legislation will help people all Mr. FALEOMAVAEGA. Mr. Speaker, cially my good friend, the gentleman over this Nation, and it could help fam- I have no additional speakers, so I from Illinois [Mr. LIPINSKI], the rank- ilies years from now if, God forbid, we yield back the balance of my time. ing member of the Subcommittee on have another similar crash in the The SPEAKER pro tempore. The Aviation. question is on the motion offered by ocean. This is a good bill, and I urge all the gentleman from California [Mr. Mr. Speaker, this legislation is de- Members to support it. KIM] that the House suspend the rules signed simply to clarify that applica- Mr. Speaker, I reserve the balance of and agree to the resolution, House Res- tion of the Death on the High Seas Act my time. olution 195, as amended. to aviation accidents. This issue arises Mr. LIPINSKI. Mr. Speaker, I yield The question was taken; and (two- because the Supreme Court last year myself such time as I may consume. thirds having voted in favor thereof) decided in the case of Zuckerman ver- Mr. Speaker, on July 10, 1997, the the rules were suspended and the reso- sus Korean Airlines that the Death on Subcommittee on Aviation held a very lution, as amended, was agreed to. the High Seas Act applies to lawsuits emotional hearing regarding TWA A motion to reconsider was laid on that arise out of an aircraft crash in Flight 800. Family members of the vic- the table. the ocean more than 3 miles from land. tims were there to tell the stories of f The effect of this decision is to treat their loved ones and how, 1 year later, families differently depending on they are still struggling with their DEATH ON THE HIGH SEAS ACT whether their relative died in an air- loss. The family members’ main objec- Mr. DUNCAN. Mr. Speaker, I move to craft that crashed into the ocean or tive that day was to bring to our atten- suspend the rules and pass the bill one that crashed on land. I think it is tion the gross inadequacy that is cre- (H.R. 2005) to amend title 49, United fair to say almost no one in the avia- ated when the Death on the High Seas States Code, to clarify the application tion or legal communities believed this Act is applied to aviation accidents. H5844 CONGRESSIONAL RECORD — HOUSE July 28, 1997

As Chairman DUNCAN said, if a plane Minnesota, Mr. OBERSTAR, and the gen- the gentleman from Illinois [Mr. LIPIN- crashes into the ocean more than 3 tleman from Illinois, Mr. LIPINSKI, for SKI], just said, are treated the same as miles from land, as did TWA Flight 800, their hard work and leadership in incidents on land. the Death on the High Seas Act ap- bringing this bill to the floor. The gross injustice of the Death on plies. This act denies families the abil- The measure was introduced by my- the High Seas Act must be changed. No ity to win noneconomic damages in a self and a 40-member bipartisan coali- law should make a loved one valueless lawsuit. This means that a family tion only 26 working days ago. The because an aviation disaster occurs at member could not be compensated, for Subcommittee on Transportation and sea and not on land. Where a plane example, for the loss of companionship Infrastructure’s swift consideration of crashed ought not to dictate a person’s of a loved one; parents could not be the measure is greatly appreciated by rights in a court of law. compensated for the loss of their teen- my cosponsors, by me, and, most of all, Both the Supreme Court and the aged sons and daughters; sons and by the families who had lost loved ones White House Commission on Aviation daughters could not be compensated in TWA Flight 800. Safety and Security recommended that for the loss of their elderly parents. Today, in my opinion, we are doing the Congress correct these inequities. However, if a plane crashed on land, what the people sent us here to do; that Additionally, the CBO, in examining State tort law or the Warsaw Conven- is, to craft laws of pressing and imme- this legislation, points out it does not tion would apply. Both permit the diate importance which justly empower have any budgetary impact. award of noneconomic damages. the people from which this body’s Mr. Speaker, it is time to bring jus- The effect of applying the Death on power is derived. This bill, Mr. Speak- tice to the application of Federal laws the High Seas Act to aviation acci- er, fulfills this mission. which regulate airline disaster claims. dents is a threat to families, definitely On July 17, 1996, 230 people lost their Passage of this act will be an impor- depending on whether their loved ones lives in the tragic crash of TWA Flight tant step in achieving this objective. died in an air crash into the sea or one 800. Included among them were 21 peo- I want to thank again the distin- that crashed on land. This is obviously ple from Montoursville, PA, a small guished chairman of the subcommittee, absurd and unfair. The value of an indi- community in my district. The people the gentleman from Tennessee [Mr. vidual’s life does not change depending of Montoursville were brutally im- DUNCAN], one of the ablest Members of on where the plane happens to come pacted by this air disaster, facing the this body, and my friend, the gen- down. H.R. 2005, as amended, intends to sudden loss of 16 high school students, tleman from Illinois [Mr. LIPINSKI], for correct this critical flaw of the Death members of the French Club, and five their cooperation. on the High Seas Act. chaperones, who were on their way to I urge Members to overwhelmingly First, the bill simply adds the act to France to enrich their educational ex- approve this bill. the list of shipping laws that do not perience. Mr. LIPINSKI. Mr. Speaker, I yield apply to aviation. For the families of the victims back the balance of my time. Second, the bill makes this change aboard TWA Flight 800, the tragedy Mr. DUNCAN. Mr. Speaker, I yield applicable to all cases still pending in was made even worse by the applica- myself such time as I may consume. the lower courts, which includes the tion of an antiquated 1920 maritime Mr. Speaker, let me conclude by just family members of the victims of TWA law, which my colleagues have referred saying that not only will this bill make Flight 800. to, known as the Death on the High changes that most people thought were I strongly urge all Members to sup- Seas Act. The act would prevent the in effect already, but it will correct po- port this bill. It is a simple piece of families of TWA victims from receiving tentially a great injustice that would legislation that will fix the harmful in- just compensation, which they would have been done to the families of these adequacies that result when the Death be entitled to under State law. victims of the TWA Flight 800 crash on the High Seas Act is applied to avia- Ironically, the Death on the High and change a law that should have been tion disasters. Seas Act was passed in 1920 to help wid- changed many years ago. This will po- I want to congratulate the gentleman ows and orphans of sailors who were tentially help families for many years from Tennessee [Mr. DUNCAN] for spear- lost at sea but limits the compensation to come. heading this bill through the sub- to income. The effect of that arcane This is good legislation. As the gen- committee and the full committee, and statute is that claimants must appear tleman from Pennsylvania [Mr. I want to state once again, it is an before a district judge without the ben- MCDADE] said, I likewise would like to honor and privilege to work with him. efit of a jury and can receive com- urge our colleagues to pass this legisla- His cooperation is always outstanding. pensation only for loss of income, not tion overwhelmingly. Mr. Speaker, I reserve the balance of companionship, not pain and suffering, Mr. ROTHMAN. Mr. Speaker, last July 17, my time. none of the other tort applications that 230 people died when TWA flight 800 ex- Mr. DUNCAN. Mr. Speaker, I yield exist in the State courts. ploded 9 miles off the coast of Long Island. myself such time as I may consume. Today, when State tort laws have This was and continues to be a national trag- Mr. Speaker, I want to thank the progressed to a point where value is edy. For almost 1 year, the families of those gentleman from Illinois [Mr. LIPINSKI] placed on human life, the application who perished have had to deal with more than again for his very kind remarks. I do of this skewed statute is inequity, un- the pain of losing a loved one. They endured not know of any other subcommittee in fair and inhumane. This is particularly sitting for hours after the crash, waiting for the the entire Congress where the chair- true in the death of children, for they final passenger list that would confirm their man and the ranking member have a are generally not economic providers worst fears. They waited anxiously for any in- better relationship than do the gen- for their families, and thus, family dication that someone might have survived the tleman from Illinois [Mr. LIPINSKI] and members would receive virtually no fiery crash. To this day they continue to wait I, and I know that I treasure that rela- compensation for the loss of a loved for an explanation for the disaster. Until ques- tionship personally. one who is not a wage earner. tions begin to be answered, it is impossible to Mr. Speaker, I yield 5 minutes to the The Death on the High Seas Act is complete the healing process. very distinguished gentleman from invoked when a disaster occurs 3 miles This tragedy is made all the worse by an Pennsylvania [Mr. MCDADE], author of out to sea, the old 1 league measure- outdated law that prevents survivors from this important legislation. ment from antiquity. No parent ought suing in State court, in front of a jury, for dam- (Mr. MCDADE asked and was given to be told by our Nation’s legal system ages like pain and suffering and loss of com- permission to revise and extend his re- that longitude and latitude will deter- panionship that are traditionally available marks.) mine the value of their children or de- under the tort law system. Had the plane Mr. MCDADE. Mr. Speaker, I rise in termine their rights in a court of law. crashed seconds earlierÐwhen the plane was strong support of H.R. 2005, the Airline For this reason, I introduced this only 2 miles off of New York's coastÐthis Disaster Relief Act. I want to thank bill, which will negate the application would not be an issue. However, at 9 miles my friends, Chairman SHUSTER, sub- of the Death on the High Seas Act. It out, the 1920 ``Death on the High Seas Act'' committee Chairman DUNCAN, the will amend the Federal Aviation Act so governs. This outdated law dictates that law- ranking members, the gentleman from airline disasters at sea, as my friend, suits arising from aviation accidents that occur July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5845 more than 3 miles off of the United States Congress to change it. Furthermore, the White safer, and he is to be commended for his tire- shoreline be brought in Admiralty Court and House Commission on Aviation Safety and less dedication to helping ease the pain of limits recovery of damages for * * * survivors Security has stated: those that have suffered a family tragedy due to lost income only. While this may have been Certain statutes and international trea- to an airline disaster. an appropriate law 77 years ago, in 1997 it is ties, established 50 years ago, historically Mr. Speaker, I yield back the balance nothing short of outrageous today. have not provided equitable treatment for of my time. A constituent of mine, Carol Ziemkiewicz, families of passengers involved in inter- The SPEAKER pro tempore (Mr. lost her daughter, Jill, on that flight. Jill's life- national aviation disasters. Specifically, the GOODLATTE). The question is on the Death on the High Seas Act of 1920, although motion offered by the gentleman from long dream of becoming a flight attendant be- designed to aid families of victims of mari- came a reality when she completed her train- time disasters, have inhibited the ability of Tennessee [Mr. DUNCAN] that the House ing at TWA and began her work on TWA do- family members of aviation disasters to ob- suspend the rules and pass the bill, mestic flights. After only 11¤2 months Jill was tain fair compensation. H.R. 2005, as amended. The question was taken; and (two- assigned to her first international flight. She At a time when so many Americans are thirds having voted in favor thereof) would be going to Paris, where she was eager traveling abroad, either taking part in the glob- the rules were suspended and the bill, to visit the Garden of Versailles. An hour be- al economy or seeing the sights of other coun- as amended, was passed. fore TWA flight 800 left to take Jill to Paris, try's cultures, it is important that Americans The title of the bill was amended so she called her mother and summed up her an- know that their court system is accessible to as to read: ‘‘A bill to amend title 49, ticipationÐher last words to her were ``I'm them should the unthinkable happen. United States Code, to clarify the ap- psyched.'' Over 200 families lost loved ones on TWA plication of the Act popularly known Jill was only 23 years old. Her life, along flight 800. It is unconscionable that those fami- as the ‘Death on the High Seas Act’ to with everyone else on the plane, was ended lies will not be provided the same access and aviation incidents, and for other pur- too early. But the 230 people who died in that compensation available to the families in- poses.’’. crash were not the only victims on that fateful volved in the Value-Jet tragedy. This despite A motion to reconsider was laid on night. Those victims left behind families, the fact that both disasters happened roughly the table. friends, and loved ones; people who continue the same time after take off and the same dis- f to live but whose lives will never be the same tance from the respective airports. The only because of this tragedy. difference being that TWA 800 was past the 3- GENERAL LEAVE I am a proud cosponsor of H.R. 2005. H.R. mile limit allowed by the 1920 act. Finally, it is Mr. DUNCAN. Mr. Speaker, I ask 2005 will help to ensure that Carol interesting to note that this 1920 act was de- unanimous consent that all Members Ziemkiewicz and the hundreds of other surviv- signed to address maritime disasters and was may have 5 legislative days within ing family members like her know that the enacted at a time when there were no trans- which to revise and extend their re- lives of their loved ones had valueÐthat what oceanic flights. However, it is being applied to marks and include extraneous matter happened to them was a tragedy and we all circumstances relating to airline disasters. on H.R. 2005, the bill just considered. must do what we can to ease their pain and I would like to take this opportunity to pay The SPEAKER pro tempore. Is there suffering. They have been through enough. I tribute to two of my constituents, Robert Miller objection to the request of the gen- urge my colleagues to support H.R. 2005. and his wife of 30 years Betty were two of the tleman from Tennessee? Mrs. ROUKEMA. Mr. Speaker, as an origi- 230 people aboard flight TWA 800. Robert Mil- There was no objection. nal cosponsor of H.R. 2005, the Airline Disas- ler had been Tenafly's popular and affable f ter Relief Act, I want to commend my col- borough administrator for almost 5 years, and league, Congressman MCDADE, for introducing his wife was a school teacher in Dumont. CONCERNING THE SITUATION BE- this important bill. This is must-pass legislation While this legislation will not ease the pain of TWEEN THE DEMOCRATIC PEO- that will ensure equitable treatment for those their loss, it will provide their daughter the PLE’S REPUBLIC OF KOREA AND families who suffer the agonizing loss of a same access and compensation available to THE REPUBLIC OF KOREA loved one resulting from international aviation other families involved in similar tragedies. Mr. KIM. Mr. Speaker, I move to sus- disasters. In addition, I would like to commend one of pend the rules and agree to the concur- Currently, various laws exist which impact my constituents who has worked hard to see rent resolution (H. Con. Res. 74) con- the ability of family members to seek retribu- that this legislation received the attention it so cerning the situation between the tion for the death of a loved one. Specifically, deserves. Mr. Hans Ephraimson-Abt. lost a Democratic People’s Republic of Korea in 1920, the Disaster on the High Seas Act 23-year-old daughter when a Soviet fighter and the Republic of Korea, as amended. was enacted for the immediate family of sail- plane disabled Korean Airline Flight 007. The Clerk read as follows: ors lost at sea to obtain compensation for lost Since that personal tragedy, Mr. Ephraimson H. CON. RES. 74 income. This act is applicable when the avia- has devoted himself to assisting other families Whereas the Korean demilitarized zone re- tion accidents occurs more than 3 miles from involved in similar tragedies. He has served as mains extremely tense 44 years after the the shoreline. Because TWA 800 crashed 9 the chairman of the American Association for ending of the Korean War, as evidenced most recently by a mortar attack and exchange of miles off the Long Island coast, the Supreme Families of KAL 007 Victims, a support group gunfire on July 17, 1997; Court has ruled, in similar cases, that the High that has extended its activities to assist fami- Whereas with more than 1,000,000 soldiers Seas Act would apply. lies involved in other air accidents to cope bet- in the Democratic People’s Republic of What that means for family members of the ter with their tragedies' aftermath. Korea and 600,000 soldiers in the Republic of TWA 800 air disaster is that they will only be He has been an active participant in the ef- Korea, both militaries are on a constant high allowed to receive minimal compensation from forts to improve after-crisis management, as alert; TWA because this antiquated law restricts Whereas the threat of North-South mili- well as to update and modernize laws and tary confrontation between the Democratic compensation to loss of income. Under the treaties. In that regard, yesterday, Mr. People’s Republic of Korea and the Republic 1920 act, plaintiffs are not entitled to damages Ephraimson testified before the U.S. Depart- of Korea is of grave concern to the United for pain and suffering, loss of companionship, ment of Transportation's Task Force on As- States; or loss to society. In fact, those families that sistance to Families of Aviation Disasters. Whereas 37,000 United States troops are lost children, like the 16 students from Year after year he has continued to fight for stationed on the Korean Peninsula; Montoursville High School in Montoursville, Whereas the United States and the Repub- the rights and needs of families who have suf- lic of Korea have long had a close relation- PA, who were participating in a long-awaited fered as a result of airline disasters. He has ship based on mutual respect, shared secu- French Club trip to France, would receive al- pushed for comprehensive regulations, and to rity goals, and shared interests; most no compensation because children do improve domestic and international civil avia- Whereas as a result of an invitation ex- not contribute any income to the family. Senior tion. tended last year by President Clinton and citizens fall into the same category as chil- It is through the hard work and diligence of Republic of Korea President Kim Young dren. Moreover, victims' family members people like Mr. Ephraimson that we have Sam, four-party preparatory talks involving learned of the need to change the provisions the United States, the Republic of Korea, the would be restricted from having a jury trial and Democratic People’s Republic of Korea, and would have to present their claim to a judge of the 1920 act to make it more applicable to the People’s Republic of China are likely to under maritime law. today's modern disasters. He and others like begin in August 1997 to determine timing, Justice Scalia stated that the Supreme him are to be commended for their unselfish venue, level of representation, and broad Court feels the law is antiquated but it's up to dedication to making all of our lives better and agenda categories for forthcoming talks; H5846 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Whereas the participation of China is inte- I fully support the passage of House the gentleman from California [Mr. gral to the success of any agreement; and Concurrent Resolution 74 and commend KIM], who obviously understands and Whereas it will be impossible to resolve the gentleman from Florida [Mr. HAST- understood the dynamics in that area the conflict on the Korean Peninsula and fashion a lasting solution unless the Demo- INGS] for his leadership in authorizing better than any of us could. cratic People’s Republic of Korea and the Re- this resolution. It really is just a sense of the Con- public of Korea engage in direct dialogue, I thank the gentleman from Ne- gress expressing our support for and without depending on other parties to act as braska [Mr. BEREUTER], the chairman encouragement of four-party talks be- intermediaries: Now, therefore, be it of the Subcommittee on Asia and the tween the United States, South Korea, Resolved by the House of Representatives (the Pacific, for his prompt consideration of North Korea, and China. Since the Ko- Senate concurring), That the Congress— this measure in his subcommittee, and rean peninsula was divided at the end (1) supports United States troops who have faithfully served the interests of the United the ranking Democrat on the full com- of World War II, between the North and States by ensuring stability on the Korean mittee, the gentleman from Indiana South, repeated attempts at reunifica- Peninsula; [Mr. HAMILTON], and on the subcommit- tion have failed. The 1950 through 1953 (2) supports our Republic of Korea allies tee, the gentleman from California Korean war ended in an armistice who have made good faith efforts to resolve [Mr. BERMAN], for their cooperation in agreement which altered hostilities but this conflict; and advancing it to this point. left the two sides technically at war, (3) supports four-way talks between the divided by a heavily fortified demili- United States, China, the Republic of Korea, Mr. Speaker, I reserve the balance of and the Democratic People’s Republic of my time. tarized zone that the gentleman from Korea to peacefully and permanently resolve b 1530 California [Mr. KIM] and myself and the conflict between the two Koreas. others had an opportunity to visit re- Mr. HAMILTON. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- cently. myself such time as I may consume, ant to the rule, the gentleman from Since 1970 there have been several at- and I rise in support of the resolution. California [Mr. KIM] and the gentleman tempts to replace the 1953 armistice First I want to express my apprecia- from Indiana [Mr. HAMILTON] each will agreement with a peace deal that could tion to the gentleman from Florida control 20 minutes. lead to a unified Korean peninsula. But The Chair recognizes the gentleman who I think was the original cosponsor as you know, Mr. Speaker, these at- or the original sponsor of this resolu- from California [Mr. KIM]. tempts have been fragile if not precar- Mr. KIM. Mr. Speaker, I yield myself tion, along with the gentleman from ious, yet at times the dialogue between such time as I may consume. Nebraska [Mr. BEREUTER]. The Korean North and South Korea has produced (Mr. KIM asked and was given per- peninsula, I think, is the most dan- cooperation in various forms such as mission to revise and extend his re- gerous place in the world today. Yet cultural exchanges, a unified sports marks.) American troops working in close part- team, reunions of separated families GENERAL LEAVE nership with our South Korean friends and limited trade. Mr. KIM. Mr. Speaker, I ask unani- and allies have helped maintain the With this resolution, it is our hope mous consent that all Members may peace there for over 44 years. So all of that the nothing ventured nothing have 5 legislative days within which to us owe a debt of gratitude to those who gained outlook prevails at the four- revise and extend their remarks on this gave their lives during the Korean war party talks initiated by the United concurrent resolution. and to those who stand guard today States and our stalwart ally, South The SPEAKER pro tempore. Is there along the demilitarized zone separating Korea. Without the participation of objection to the request of the gen- North and South Korea. each and every one of the invited par- tleman from California? This resolution gives voice to our ties, these talks will become moot. There was no objection. gratitude, expresses our strong backing This resolution loudly and clearly Mr. KIM. Mr. Speaker, the Korean for both American troops in Korea and states that the U.S. Congress strongly peninsula remains one of the world’s our stalwart South Korean allies. The encourages all parties to come to the most heavily militarized regions, a hot resolution also supports the four-way table and stay there until a formal spot of potential confrontation that talks between the United States, peace treaty is developed. has endured for more than 40 years. China, the Republic of Korea, and the For its part, North Korea is already The mortar attacks and exchange of democratic People’s Republic of Korea plagued by food shortages and eco- gunfire between the North and South to peacefully and permanently resolve nomic mismanagement. Most nations Korean forces that occurred on July 17, the conflict between the two Koreas. I avoid the North because its leaders can 1997, highlight the extremely tense sit- think this legislation deserves our sup- be and at most times are unreliable. It uation that exists every day along the port. I ask my colleagues to vote ‘‘yes’’ has no legal system. Its roads and rail- so-called Demilitarized Zone. on the resolution. ways are crumbling. Its work force is As demonstrated by the presence of Mr. Speaker, I yield 4 minutes to the starving and its huge military is a con- 37,000 American troops on the Korean gentleman from Florida [Mr. HAST- stant threat to peace and stability in peninsula, the United States is for- INGS], the chief sponsor of this resolu- that region. mally committed to maintaining sta- tion. By encouraging these four-party bility and security in the region. Our Mr. HASTINGS of Florida. Mr. talks, our goal is to alleviate the im- strong support for the four-party talks Speaker, I thank the distinguished mense threat that a dangerous, unsta- is a further proof that the United ranking member for yielding me this ble region poses to our ally, South States Government wants to see im- time. Korea. Yet we must do so in a manner proved relations between North and I would like to thank the gentleman which does not necessarily condemn South Korea, which will hopefully from California [Mr. KIM], the gen- North Korea. Rather, our solution bring a final and lasting peace to the tleman from Nebraska [Mr. BEREUTER], must relieve the pain and suffering in peninsula. my friend and colleague, and the gen- the region by replacing it with peace The distinguished gentleman from tleman from California [Mr. BERMAN] and security. Florida [Mr. HASTINGS] has introduced as well for their expeditious handling Forty-four years after the ending of a timely and well-fashioned concurrent of this matter in the Subcommittee on the Korean war, the border between the resolution that reemphasizes the sup- Asia and the Pacific. two countries remains extremely tense. port of the Congress for our brave serv- I especially point to the gentleman The border remains extremely tense as ice men and women stationed in the pe- from California [Mr. KIM], my good evidenced by the recent mortar attack ninsula and for continued diplomatic friend, for this resolution was con- and gunfire exchange on July 17. Last efforts to bring the two parties to- ceived by me when the gentleman from August, when the gentleman from Cali- gether to resolve the conflict. House California [Mr. KIM] and myself and fornia [Mr. KIM] and others and I trav- Concurrent Resolution 74 also, quite other Members of the House, along eled to South Korea with Speaker properly, recognizes our South Korean with the Speaker of the House, visited GINGRICH, we stood on that border and allies for their good-faith efforts at South Korea. It was a moving experi- visited our troops stationed at the de- achieving peace. ence to go there and to go there with militarized zone. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5847 This amendment is also about Amer- of the Subcommittee on Asia and the really become a great nation to provide ican soldiers and South Korean sol- Pacific, my good friend. for the needs of some 60 million people diers. It is an expression of support for Mr. ROYCE. Mr. Speaker, I want to living in both North and South Korea. the men and women stationed over thank my colleague, the gentleman I want to commend the gentleman there with the hope that these four- from California [Mr. KIM], for yielding from California [Mr. KIM], my good party talks will lead to a unified to me this time. I want to commend friend, for also being a part of the man- Korea, eliminating the need for their the gentleman from Florida [Mr. HAST- agement of this legislation. I urge my deployment. INGS] for offering this resolution. colleagues to support this piece of leg- Reunification is a goal claimed by This resolution makes an important islation. both North and South Korea. Let us en- statement that the House of Represent- Mr. HAMILTON. Mr. Speaker, I yield courage this ambition by making re- atives supports our troops on the Ko- back the balance of my time. unification a sincere goal of our for- rean peninsula. We support our friends Mr. KIM. Mr. Speaker, I have no fur- eign policy. I urge all of our colleagues and allies in the Republic of Korea and ther requests for time, and I yield back to support this resolution. I thank the we support the proposed North-South the balance of my time. gentleman, once again, for yielding me four-party talks that at long last seem The SPEAKER pro tempore (Mr. the time. to be moving forward. GOODLATTE). The question is on the Mr. HAMILTON. Mr. Speaker, I yield We are all hopeful that the recent motion offered by the gentleman from 2 minutes to the distinguished gen- agreement of the North Korean Gov- California (Mr. KIM) that the House tleman from Guam [Mr. UNDERWOOD]. ernment to sit down and agree to the suspend the rules and agree to the con- Mr. UNDERWOOD. Mr. Speaker, I final details of four-party talks will current resolution, House Concurrent thank the distinguished ranking mem- lead to substantive negotiations. Now Resolution 74, as amended. ber for yielding me this time. more than ever, it is important to have The question was taken; and (two- Mr. Speaker, I rise this afternoon in such channels of communication open thirds having voted in favor thereof) strong support of the resolution intro- to discuss the future of North Korea, the rules were suspended and the con- duced by our colleague from Florida and future relations between the North current resolution, as amended, was [Mr. HASTINGS], which supports our and South. And I really want to take agreed to. U.S. troops who faithfully served the this opportunity to urge all of my col- A motion to reconsider was laid on interests of the United States by ensur- leagues to support this resolution. the table. ing stability on the Korean peninsula Mr. HAMILTON. Mr. Speaker, I yield f and the four-way talks between the 3 minutes to the distinguished gen- EXPRESSING CONCERN OVER United States, China, South Korea and tleman from American Samoa [Mr. VIOLENCE IN REPUBLIC OF CONGO North Korea. FALEOMAVAEGA]. Mr. Speaker, I represent a very (Mr. FALEOMAVAEGA asked and Mr. ROYCE. Mr. Speaker, I move to unique American community. The was given permission to revise and ex- suspend the rules and agree to the reso- American citizens of Guam live in the tend his remarks.) lution (H. Res. 175) expressing concern Asia-Pacific region, and Guam is the Mr. FALEOMAVAEGA. Mr. Speaker, over the outbreak of violence in the closest American community to the I rise to support House Concurrent Res- Republic of Congo and the resulting events occurring on the Korean penin- olution 74, as introduced by my good threat to scheduled elections and con- sula and would be a crucial part of any friend and colleague, the gentleman stitutional government in that coun- effort to deal with any hostilities on from Florida [Mr. HASTINGS]. try, as amended. the peninsula. Mr. Speaker, after that terrible con- The Clerk read as follows: Mr. Speaker, as part of my ongoing flict commonly known as the Korean H. RES. 175 work in the Committee on National Se- war, for some 44 years now our Nation Whereas President Pascal Lissouba de- curity, I have traveled to Korea for on- has had to maintain an effective pres- feated former President Denis Sassou- site briefings and witnessed firsthand ence in the demilitarized zone that is Nguesso in a 1992 election that was deter- mined to be free and fair; our challenge there. As America re- separating North Korea from South Whereas losing candidates raised questions mains engaged in the effort to peace- Korea. Even until now, Mr. Speaker, concerning the results of the 1993 legislative fully settle the conflict between North the crisis in the Korean Peninsula re- election and used those concerns to cast and South Korea, we must commend mains one of the most tense in the doubt on the entire democratic process in and vigorously support the recent ef- world. North Korea has an army of over the Republic of Congo and as the rationale forts to begin the four-way talks. 1 million soldiers, compared to South for creating private militias; These talks will contribute to greater Korea’s 600,000 sailors and soldiers. Whereas thousands of citizens of the Re- Mr. Speaker, history has dem- public of Congo have been killed in intermit- security in the Asia-Pacific region and tent fighting between Government soldiers are of tremendous importance to Guam onstrated several times that all the and private militiamen since 1993; and the rest of the United States. bullets, the guns, the cannons, and all Whereas there are concerns about the un- Mr. Speaker, this House has taken other manner of military weapons are finished census and resulting electoral list to many steps in directing United States not worth a dime if the country cannot be used in the scheduled July 27 election; policy in Korea. At a time of severe feed its soldiers. Recent reports indi- Whereas the recent fighting resulted from starvation and growing internal strife cate, Mr. Speaker, that there is cur- the Government’s attempt to disarm former rently a shortfall of approximately 2.3 President Sassou-Nguesso’s ‘‘Cobra’’ militia in North Korea, we must resolve to act in advance of the scheduled July 27 election; on our commitments and demonstrate million tons of grain in North Korea. Whereas the fighting and uneasy peace has international leadership. What this simply means is that the caused serious loss of life and diminished Passage of this resolution will again North Korean people are starving and ability to care for those who are without ac- reassure Koreans that we in the United there is serious concern if the crisis cess to adequate medical care or food and States are working to establish a con- has been alleviated or do we expect water; crete and lasting peace on the Korean more problems in the future. Whereas the fighting between Government peninsula by living up to our respon- Mr. Speaker, I believe it is only prop- troops and militiamen have forced the evac- uation from the country of foreign nationals sibility as a signer of the armistice er that the People’s Republic of China, and endangered refugees from both Rwanda agreement. As we support the resolu- our Nation, and the two Koreas should and the former Zaire; and tion, let us not forget the distinguished engage in meaningful dialog. Whereas African governments have at- service of our men and women in uni- Mr. Speaker, I have been to South tempted to bring about a negotiated settle- form who have been the main force for Korea, and I was very impressed with ment to the current crisis: Now, therefore, peace in that part of the world. its economic and political develop- be it I urge this body to pass this very im- ments in recent years. With South Ko- Resolved, That the House of Representa- tives— portant resolution. rea’s development in technology and (1) condemns the current fighting and Mr. KIM. Mr. Speaker, I yield 2 min- industrialization, and with the tremen- urges the warring parties to reach a lasting utes to the distinguished gentleman dous potential of resources available to ceasefire that will allow for humanitarian from California [Mr. ROYCE], a member North Korea, a unified Korea could needs to be addressed as soon as possible; H5848 CONGRESSIONAL RECORD — HOUSE July 28, 1997 (2) calls on all private militia to disarm was some confusion over whether it (H.R. 1596) to amend title 28, United and disband immediately to end the continu- called for an international peacekeep- States Code, to authorize the appoint- ing threat to peace and stability in the Re- ing force. Let me say clearly that this ment of additional bankruptcy judges, public of Congo; (3) commends African leaders from Gabon, resolution calls for any such force to be and for other purposes. Equatorial Guinea, Cameroon, Benin, an African force. The Clerk read as follows: Central African Republic, Senegal, and Chad Mr. Speaker, a resolution of the cri- H.R. 1596 for their efforts to negotiate a peaceful set- sis in Congo-Brazzaville is not only a Be it enacted by the Senate and House of Rep- tlement and encourages their continuing ef- priority for regional strategic reasons, resentatives of the United States of America in forts to find a sustainable political settle- but the example of a democracy unrav- Congress assembled, ment in this matter; (4) supports the deployment of an African eling is a poor one for other African na- SECTION 1. SHORT TITLE. peacekeeping force to the Republic of Congo tions. I ask for my colleagues’ support. This Act may be cited as the ‘‘Bankruptcy if deemed necessary; Mr. Speaker, I reserve the balance of Judgeship Act of 1997’’. (5) urges the Government of the Republic my time. SEC. 2. PERMANENT JUDGESHIPS. of Congo, in cooperation with all legal politi- Mr. HAMILTON. Mr. Speaker, I yield Section 152(a)(2) of title 28, United States cal parties, to resolve in a transparent man- myself such time as I may consume Code, is amended— ner questions concerning the scheduled elec- (1) in the item relating to the central dis- tions and to prepare for open and trans- and I rise in support of the resolution. Mr. Speaker, I support the resolution trict of California, by striking ‘‘21’’ and in- parent elections at the earliest feasible time; serting ‘‘25’’; and because I believe it does draw attention (2) in the item relating to the district of (6) encourages the United States Govern- to an explosive situation in central Af- Maryland, by striking ‘‘4’’ and inserting ‘‘5’’; ment to provide technical assistance on elec- rica, and I want to express my appre- (3) in the item relating to the district of tion related matters if requested by the Gov- ciation for the leadership of the distin- New Jersey, by striking ‘‘8’’ and inserting ernment of the Republic of Congo. guished gentleman from California ‘‘9’’; and The SPEAKER pro tempore. Pursu- [Mr. ROYCE], for his sponsorship of the (4) in the item relating to the western dis- ant to the rule, the gentleman from resolution and for putting the resolu- trict of Tennessee, by striking ‘‘4’’ and in- serting ‘‘5’’. California [Mr. ROYCE], and the gen- tion forward. tleman from Indiana [Mr. HAMILTON], I do think the gentleman’s expla- SEC. 3. TEMPORARY JUDGESHIPS. each will control 20 minutes. (a) APPOINTMENTS.—The following judge- nation is important to notice. There The Chair recognizes the gentleman ship positions shall be filled in the manner was a misunderstanding on the floor of from California [Mr. ROYCE]. prescribed in section 152(a)(1) of title 28, (Mr. ROYCE asked and was given per- the House last week. This resolution United States Code, for the appointment of mission to revise and extend his re- supports the deployment of an African bankruptcy judges provided for in section marks.) peacekeeping force to the Republic of 152(a)(2) of such title: (1) 1 additional bankruptcy judgeship for GENERAL LEAVE Congo, and only supports it if it is deemed necessary. I think the resolu- the eastern district of California. Mr. ROYCE. Mr. Speaker, I ask unan- (2) 1 additional bankruptcy judgeship for imous consent that all Members may tion was not fully understood at the time of the vote last week. the southern district of Florida. have 5 legislative days within which to (3) 1 additional bankruptcy judgeship for revise and extend their remarks on this This resolution reflects the views of the district of Maryland. resolution. the U.S. Congress on the importance of (4) 1 additional bankruptcy judgeship for The SPEAKER pro tempore. Is there this issue. I hope the resolution will the eastern district of Michigan. objection to the request of the gen- encourage the parties to maintain the (5) 1 additional bankruptcy judgeship for tleman from California? current cease-fire and to reach a politi- the southern district of Mississippi. There was no objection. cal solution in the ongoing talks. I (6) 1 additional bankruptcy judgeship for Mr. ROYCE. Mr. Speaker, I yield my- urge the adoption of the resolution. the eastern district of New York. self such time as I may consume. Mr. Speaker, I have no further re- (7) 1 additional bankruptcy judgeship for Since violence in the Republic of the northern district of New York. quests for time, and I yield back the (8) 1 additional bankruptcy judgeship for Congo escalated several weeks ago, an balance of my time. the southern district of New York. estimated 3,000 lives have been lost Mr. ROYCE. Mr. Speaker, I yield my- (9) 1 additional bankruptcy judgeship for there. What started as an effort by self the balance of my time to thank the eastern district of Pennsylvania. Congo President Pascal Lissouba to the gentleman from Indiana [Mr. HAM- (10) 1 additional bankruptcy judgeship for safeguard upcoming elections by neu- ILTON] and ask my colleagues to sup- the middle district of Pennsylvania. tralizing the so-called Cobra militia, port this resolution, which sends an (11) 1 additional bankruptcy judgeship for operated by a political rival, has de- important message to the region. the eastern district of Virginia. (b) VACANCIES.—The first vacancy occur- generated into ethnic cleansing. Mr. Speaker, I yield back the balance All this has developed beneath the ring in the office of a bankruptcy judge in of my time. each of the judicial districts set forth in sub- media’s radar. As the world watched The SPEAKER pro tempore (Mr. the unraveling of the Mobutu regime in section (a) which— GOODLATTE). The question is on the (1) results from the death, retirement, res- the neighboring country then known as motion offered by the gentleman from ignation, or removal of a bankruptcy judge, Zaire, the Republic of Congo was seen California [Mr. ROYCE] that the House and as a safe haven for refugees from that suspend the rules and agree to the reso- (2) occurs 5 years or more after the ap- collapsing nation. lution, H. Res. 175, as amended. pointment date of a judge appointed under But today nearly a quarter of the subsection (a), shall not be filled. population of the city of Brazzaville The question was taken; and (two- thirds having voted in favor thereof) SEC. 4. EXTENSION. has left town to avoid being caught in The temporary bankruptcy judgeship posi- the fighting. Unfortunately, these refu- the rules were suspended and the reso- tion authorized for the district of Delaware gees have found themselves stopped lution as amended, was agreed to. by section 3(a)(3) of the Bankruptcy Judge- along the way and killed if they belong A motion to reconsider was laid on ship Act of 1992 (28 U.S.C. 152 note) is ex- to the wrong ethnic group. This resolu- the table. tended until the first vacancy occurring in tion is a reinforcement of our Govern- f the office of a bankruptcy judge in that dis- ment’s commitment to the democratic trict resulting from the death, retirement, MESSAGE FROM THE PRESIDENT resignation, or removal of a bankruptcy process in Congo-Brazzaville. It calls A message in writing from the Presi- judge and occurring 10 years or more after for a disengagement of forces and a October 28, 1993. All other provisions of sec- lasting cease-fire and applauds the Af- dent of the United States was commu- nicated to the House by Mr. Sherman tion 3 of the Bankruptcy Judgeship Act of rican efforts to resolve this crisis. It 1992 remain applicable to such temporary unanimously passed the Committee on Williams, one of his secretaries. judgeship position. International Relations several weeks f SEC. 5 TECHNICAL AMENDMENT. ago. BANKRUPTCY JUDGESHIP ACT OF The first sentence of section 152(a)(1) of b 1545 1997 title 28, United States Code, is amended to read as follows: ‘‘Each bankruptcy judge to Mr. Speaker, when this resolution Mr. GEKAS. Mr. Speaker, I move to be appointed for a judicial district as pro- was before the House last week, there suspend the rules and pass the bill vided in paragraph (2) shall be appointed by July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5849 the United States court of appeals for the bankruptcies continue to rise, over 1 New York, the Northern District of circuit in which such district is located.’’. million filings in 1996, Congress has New York, the Southern District of The SPEAKER pro tempore. Pursu- failed to provide the necessary re- New York, the Eastern District of ant to the rule, the gentleman from sources to do the job. We have not pro- Pennsylvania, the Middle District of Pennsylvania [Mr. GEKAS] and the gen- vided for any new bankruptcy judge- Pennsylvania, and the Eastern District tlewoman from California [Ms. ships since 1992. When the cases pile up of Virginia. LOFGREN] each will control 20 minutes. in bankruptcy court, businesses that Also, the legislation calls for an addi- The Chair recognizes the gentleman are owed money are left holding the tional four permanent judges to be au- from Pennsylvania [Mr. GEKAS]. bag, families trying to straighten out thorized for California, Maryland, New GENERAL LEAVE their lives face delay, and many cases Jersey, and Tennessee. Mr. GEKAS. Mr. Speaker, I ask unan- will receive less attention than they Why are we in a personal bankruptcy imous consent that all Members may merit. crisis in America? A recent study con- have 5 legislative days within which to I would note that this year the Ad- ducted by SMR Research Corp. in revise and extend their remarks on ministrative Office of the U.S. Courts Hackettstown, NJ, looked at the bank- H.R. 1596. has recommended an increase in the ruptcy crisis and found that while The SPEAKER pro tempore. Is there number of permanent bankruptcy there is no single prime cause of bank- objection to the request of the gen- judgeships in the Central District of ruptcy, there is a connection between tleman from Pennsylvania? California by four and the addition of a bankruptcy and gambling. There was no objection. temporary bankruptcy judgeship in the That study states, and I quote, Mr. Mr. GEKAS. Mr. Speaker, I yield my- Eastern District of California. Speaker, self such time as I may consume. This bill also reflects the improved Mr. Speaker, I rise in favor of this It now appears that gambling may be the method instituted by the Administra- legislation, the Bankruptcy Judgeship single fastest growing driver of bankruptcy. tive Office of the U.S. Courts for meas- Once limited to Nevada and New Jersey, ca- Act of 1997, and urge its adoption by uring the work required to adjudicate sino gambling has spread very rapidly the House. through many States. Indian reservation ca- We would think it is an anomaly, Mr. the huge chapter 11 cases. Until re- cently, the largest unit of measure sinos have been one new mode for this Speaker, to have a request for new growth, and riverboat and coastal gambling bankruptcy judges at a time when the used for the purpose of calculating ju- boats have been added. gross national product seems to be in dicial workload was a $1 million chap- ter 11. This is a fascinating and enlighten- good shape and inflation is down and ing study which I will submit for the the economy is in fairly good shape, Under that system of measuring judi- cial workload, a case involving $1 mil- RECORD for all our colleagues to read. yet the evidence is sound that bank- When we look at the areas where ruptcies, personal and otherwise, are lion worth of debt was statistically in- distinguishable from a $1 billion case. H.R. 1596 targets the need for addi- on the rise. Therefore, the Judicial tional bankruptcy court assistance, we Conference, on whom we rely in the By failing to measure the actual work- load in these cases, the Administrative can see a link to the areas where gam- Committee on the Judiciary for the bling has proliferated in recent years. general themes of what we can best do Office of the U.S. Courts consistently failed to recommend adequate re- The SMR Research study states, and I to serve the Federal judiciary, has re- quote, quested that these new judgeships be sources for courts that heard the mas- sive chapter 11 cases. This bill reflects The bankruptcy rate was 18 percent higher created. in counties with one gambling facility and There would be 7 permanent new the newer and more accurate measure. We cannot afford to have debtors and was 35 percent higher in counties with five or judges and 11 temporary judges across more gambling establishments. the 14 Federal judicial districts. It creditors held up in court because there are not enough judges to hear the The study continues, and I quote would extend one temporary judgeship again, Mr. Speaker, already in existence in another dis- cases. H.R. 1596 is a measured response to the need for additional bankruptcy The effect of gambling on bankruptcy trict. seems quite clear when you look at a map. Because I personally put so much judges. I urge its adoption and join with the chairman in pointing out that Among all the counties in Nevada, for in- stock in the findings of the Judicial stance, we find that the closer you come to Conference, those findings have formed this is indeed a measure that has re- Las Vegas and Reno, the higher the bank- the basis for the hearings that we held ceived bipartisan support among its ruptcy rate. In California the two counties in this regard over the last two terms sponsors and on the committee. with the highest bankruptcy rates are River- and the reports on which we based Mr. Speaker, I reserve the balance of side and San Bernadino. They also happen to some of our recommendations. my time. be the two counties closest to Las Vegas. The bill that is in front of us has Mr. GEKAS. Mr. Speaker, I yield 5 The fourth highest bankruptcy rate in Cali- minutes to the gentleman from Vir- fornia is in Sacramento County, which is been cosponsored by Members on both closest to Reno. sides of the aisle. The gentleman from ginia [Mr. WOLF]. If we look at H.R. 1596, we see the Illinois [Mr. HYDE], the chairman of Mr. WOLF. Mr. Speaker, I rise in sup- the full Committee on the Judiciary, port of the bill, H.R. 1596, and I want to Central District of California will be and the gentleman from Michigan [Mr. thank the gentleman from Pennsylva- authorized four additional permanent bankruptcy judges and the Eastern CONYERS] the ranking member on the nia [Mr. GEKAS] for yielding me time to minority, as well as the gentleman speak on the personal bankruptcy cri- District of California will be getting an additional temporary judge to handle from New York [Mr. NADLER] the sub- sis in America. committee ranking member, and this In 1996 alone over one million cases the swelling number of bankruptcy fil- individual, all of us have cosponsored for bankruptcy were filed, an increase ings. and have urged the passage of this leg- of 27 percent over the 1995 filings, Mr. Speaker, I will not belabor the islation. which equaled 926,000. In 1997 bank- point, but I urge our colleagues to read Mr. Speaker, I reserve the balance of ruptcy filings have exceeded 100,000 per the SMR Research report. We see Con- my time. month across the country. gress must be educated on the effects Ms. LOFGREN. Mr. Speaker, I yield While the entire Nation needs addi- of gambling in our society. We are act- myself such time as I may consume. tional bankruptcy judges to help man- ing today to increase bankruptcy (Ms. LOFGREN asked and was given age the increased caseload, H.R. 1596 is judgeships, which I believe can be permission to revise and extend her re- targeting areas most in need for addi- linked to the proliferation of gambling marks.) tional assistance, with temporary today, but we just cannot continue to Mr. LOFGREN. Mr. Speaker, I rise in judgeships to be authorized for the add more and more judges to solve this support of the motion to suspend the Eastern District of California, the crisis. Getting to the heart of the prob- rules and pass the bill, H.R. 1596, the Southern District of Florida, the Dis- lem is a challenge not only facing this Bankruptcy Judgeship Act of 1997. trict of Maryland, the Eastern District Congress but the newly established Na- This legislation is both urgently nec- of Michigan, the Southern District of tional Gambling Impact Study Com- essary and long overdue. Although Mississippi, the Eastern District of mission. H5850 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Mr. Speaker, the SMR information I GAMBLING AND BANKRUPTCY But we can look at evidence in many other referred to earlier follows: It now appears that gambling may be the ways. Recently, for example, we input into our county-level records the number of gam- THE PERSONAL BANKRUPTCY CRISIS, 1997 single fastest-growing driver of bankruptcy. Once limited to Nevada and New Jersey, bling places that exist in each county, if any. (Published by SMR Research Corporation) casino gambling has spread very rapidly We obtained the information, covering more THE PURPOSE OF THIS STUDY through many states. Indian reservation ca- than 800 casinos, race tracks, and jai alai In 1996, SMR Research issued a 56-page sinos have been one new mode for this ‘‘frontons’’ from the 1997 edition of The Gam- study on the causes of wildly rising personal growth, and riverboat and coastal gambling ing Guide: Where to Play in the US of A, bankruptcy filings. We knew the subject was boats have added more. published by Facts on Demand Press of timely, but little did we imagine the media If you have not been tracking the spread of Tempe, AZ. The directory provides street ad- coverage that would follow. gambling, you may be in for a shock about dresses and zip codes for the gaming estab- The 1996 study was mentioned in major how pervasive gambling facilities have be- lishments. We used the zips against SMR’s newspapers and magazines across the land, come. Zip Code/County Matching database to put on television, and even became the subject of Note that in the state of Nevada, there are the right numbers of facilities in the right two stories in the Wall Street Journal. only 17 counties (most of them very large). counties. Fate is strange. Publicity is nice, but the But across the nation, there are now 298 Then, we aggregated the bankruptcy rates 1996 study was not exactly a typical SMR counties that have at least one major legal of those places and compared them to those production. The explosion in bankruptcies gambling facility: a casino, a horse or dog of counties that have no gambling at all. The had caused a lot of demand for information racing track, or a jai alai game. That’s the bankruptcy rate was 18% higher in counties from our lending industry clients, especially count in one recent guide to U.S. gambling with one gambling facility and it was 35% unsecured lenders. We put together the 56- facilities, and it does not include such things higher in counties with five or more gam- page piece as a section of our 1996 annual as places where state lotteries or bingo par- bling establishments. credit card market study, and later offered lors are available. The lotteries and bingo This exercise probably understates the se- the bankruptcy section by itself to non-cred- parlors tend to involve small-ticket gam- riousness of the problem, since many coun- it card issuers. bling, whereas the other facilities obviously ties that have gambling facilities also have Although 56 pages might look big to some involve the larger dollars per customer. very small populations, and actually draw folks, it was the shortest research study we The three addictions & changed mores their customers from other places. have done since 1985. We found ourselves When we published our shorter study on So, when we look only at counties with making conclusions in the 1996 study with the causes of bankruptcy in 1996, we had sus- more sizable resident populations and gam- some statistical backing, but not always de- picions about gambling. But we had not yet bling facilities, we see even greater evidence finitive proof. put together enough solid data and informa- of the problem. This study, by contrast, is indeed a stand- tion to make conclusions, therefore we said A look at the map ard SMR Research work. The scope is much little about the subject. The effect of gambling on bankruptcy greater, and allows us to cover the subject Actually, since we were looking at events seems quite clear when you look at a map. completely, with a meaty section on solving that can cause insolvency, we were sus- Among all the counties in Nevada, for in- (or at least mitigating) the personal bank- picious in 1996 about all three of the serious stance, we find that the closer you come to ruptcy dilemma. Where the 1996 study fo- addiction problems in America: alcoholism Las Vegas and Reno, the higher the bank- cused solely on some of the core causes of and drug and gambling addiction. We remain ruptcy rate. bankruptcy, this study covers the full nature suspicious about all three of those problems. In New Jersey, casinos are permitted only of the problem. But of the three, it’s quite clear that gam- in Atlantic City—and that’s also where the We look at the common misperceptions bling is the fastest-growing phenomenon. resident population has by far the highest about bankruptcy and provide the statistics For those who make and supply alcohol, bankruptcy rate. Generally speaking, the that show why they are such vast over-state- drugs, and gambling, all are very large busi- closer you come to Atlantic City, the higher ments. Unemployment is not the primary nesses. But you don’t have to be a sociologist the bankruptcy rate in New Jersey. One ex- driver of bankruptcy, nor is the overall to see that societal mores are changing most ception to this rule is Cape May County, just consumer debt load. Lender marketing and rapidly on gambling. Over the last 20 years, south of Atlantic City, where the bank- easy credit also are not the prime cause. state governments themselves have entered In fact, there is no single prime cause of ruptcy rate is not so high. But Cape May also the gambling business with lotteries. We see bankruptcy. In this study, you’ll see cov- is a big retirement place with high average no states as yet that have gone into the her- erage of many things that result in bank- age in the population. As shown in our demo- oin trade or where the government itself ad- ruptcy, with some quantification of which graphics section, high-age populations do not vertises Jim Beam. So, the concept of gam- ones are in the worst. The additional space have high bankruptcy rats. bling now has the tacit blessing of govern- In California, the two counties with the allows us to cover things we couldn’t cover ment. highest bankruptcy rates are Riverside and last year, like the connection between bank- Meanwhile, private entrepreneurs have San Bernardino. They also happen to be the ruptcy and gambling—perhaps the fastest- created dazzling and sophisticated facilities two counties closest to Las Vegas. The growing problem of all. that have eliminated the ‘‘sleazy’’ from gam- In addition, this study, for the first time fourth-highest bankruptcy rate in California bling and turned it into a recreation. Las we know of, shows the demographics of is in Sacramento County, which is closest to Vegas is now a city-sized adult theme park bankruptcy, using our county-level statis- Reno. with attractions for the kids, too. American In Connecticut, the map hardly matters. tical database that goes back to 1989. Indians, operating on reservations beyond Regarding solutions to the problem, they Connecticut is so tiny that everyone has ac- the authority of state laws, have seized on are not easy. The bankruptcy spike is based cess to the gambling parlors in the middle of casinos as a new method to generate cash at least in part on serious, intransigent, the state. This is a state that used to have a and improve their standard of living Cruise worsening, socio-economic problems. This bankruptcy rate far below the national aver- ships of all sorts have set up table games and underlying core puts upward pressure on fil- age. But Indian casino gambling is now huge slot machines. ings, and the upward pressure really explodes and well-entrenched. The smaller of the In- Hard-bitten gamblers of old played poker when you throw lawyer advertising and dian casinos, the Mohican Sun in Uncasville, at tables in a friend’s kitchen or sat in cold bankruptcy’s loss of social stigma into the boasts 3,000 slot machines. In Connecticut, bleachers to watch the horses. Today’s gam- mix. the bankruptcy rate per capita has risen blers only enjoy the fines food, free drinks, Still, we are quite confident that there are more than twice as fast as the national rate the best entertainment, super-quality hotels, steps available to creditors to help control of increase since 1990. and the widest variety of gambling adven- their own bankruptcy loss exposure. We WHAT THE EXPERTS SAY: SCOPE OF THE tures that have ever been available. And, of think the best solution of all may be the PROBLEM, AND THE CREDIT CARD CONNECTION course, all of this now happens at places most radical, which is for creditors to adopt Aside from these observations, we set out much closer to most of the larger population some of the risk-control techniques of the in- this year to interview many of the leading centers. Gambling can indeed be fun these surance industry. This would mean using ac- U.S. experts on gambling, gambling addic- days—but some smallish percentage of gam- tual geographic loss statistics as a supple- tion, and the financial impact of gambling. blers do develop problems that translate into mental aid in credit scoring, pricing, and Their studies have suggested, fairly con- bankruptcy. marketing. This material appears starting sistently, that more than 20% of compulsive on Page 157. STATISTICS, GAMBLING, AND BANKRUPTCY gamblers have filed for bankruptcy as a re- SMR has been following the bankruptcy As in so many aspects of bankruptcy, per- sult of their gambling losses. They also show subject, and has been building its database of fect data related to the gambling problem that upwards of 90% of compulsive gamblers filings, for eight years. After all that time, don’t exist. No one has asked all the bank- had used their credit card lines to obtain we finally have created a research study that ruptcy filers if gambling contributed to their funds for gambling and then lost. The same we believe addresses all the central issues in financial problems, and we strongly suspect studies show that problem gamblers have a the bankruptcy crisis. that if filers were asked that question, many lot of credit cards on which to draw. We appreciate your patronage and hope would be too embarrassed to answer hon- ‘‘One of the things we know about problem you get good value from the research. estly. gamblers is that they tend to have lots and July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5851 lots of credit cards and those credit cards In another study dated April 1996 by the many gambling houses have higher bank- have been maxed out in terms of their credit University of Minnesota Medical School, a ruptcy rates than those places with just a limits,’’ said Rachel Volberg, one of the lead- survey of problem gamblers in Minnesota few. ing researchers into problem gambling in the found the average lifetime gambling debt We examined more than 3,100 counties. For U.S. and internationally. Volberg is presi- was $47,855, although individual amounts ran the entire United States, the personal bank- dent of Gemini Research, a consulting firm into the hundreds of thousands of dollars. ruptcy filing rate per 1,000 population in 1996 in Roaring Spring, PA. She is a frequent ‘‘ex- The median amount was $19,000. Recent was 4.20. But the national rate for purposes pert witness’’ on the problem in state legis- debts—those accumulated in the past six lative hearings and has done research under months—averaged $10,008, while the median of comparison to counties was 4.22 (using 1996 contract for various government units in Or- amount was $4,500. bankruptcies divided by 1995 populations; the egon, Colorado, New York, California, Michi- In late 1995, the Minneapolis Star Tribune 1996 county populations were not available gan, Mississippi, Georgia, Louisiana, Iowa, examined 105 bankruptcy filings made in when we did this analysis). For the 2,844 Connecticut, and Canadian provinces. that city in which it was determined that counties without gambling, the bankruptcy Volberg is not the only researcher to note gambling was a factor. The results of the rate was lower, at 3.96. the connection with credit cards. ‘‘It’s not study appeared in a five-part series that ran According to The Gaming Guide, there unusual for problem gamblers to have eight in the paper in December 1995. were 298 counties that had legalized gam- The newspaper found that of the $4.2 mil- to 10 credit cards,’’ adds Henry Lesieur, pro- bling within their borders. In these counties, lion of total debt declared by the 105 filers, fessor of criminal justice at the University of the bankruptcy filing rate in 1996 was 4.67, or $1.14 million—or 27%—was comprised of gam- Illinois, Normal, another leading authority 18% higher than for those counties with no on compulsive gambling. bling losses. Almost half of the 105 filers—52, to be exact—claimed they had gambling gambling. When we subdivide the universe of The amount gamblers owe is quite large. counties with gambling between those with According to studies of Gamblers Anony- losses. Their average debt was $40,066, which was more than the average annual income of five or more locations and those with four or mous members in Illinois conducted in 1993 less, we learn more. The places with the and 1995 by Lesieur, the median average life- $35,244. The average gambling loss was more than $22,000. Filers carried an average of most gambling facilities have a much higher time gambling debt of those surveyed was bankruptcy rate. $45,000, and the median amount owed at the eight credit cards, although many had 10 or time they entered GA was $18,000. The me- 15 cards and one person had 25. And heavy Of the 298 counties with gambling, 275 had dian is the midpoint of a list of numbers, debts were being carried on each card. only one to four facilities. Their combined with 50% of the numbers being higher and Counties with gambling have higher bankruptcy 1996 bankruptcy filing rate was 4.53 per 1,000 the other 50% being lower. rates residents, or 14% greater than the 3.96 rate However, the mean average debts of prob- Let’s return to the county-level data. In among counties without gambling. However, lem gamblers were far higher than the me- the table that follows, we divided up the in the 23 other counties with five or more dian amounts. The mean average lifetime country among counties with gambling fa- gambling facilities, the combined bank- gambling debt of those surveyed was $215,406, cilities and those without. The differences in ruptcy rate was 5.33, a whopping 26% higher with three people saying they owed $1 mil- bankruptcy rates between them are striking. than the 4.22 national bankruptcy rate and lion or more. The mean debt upon entering It’s quite clear that those counties with 35% higher than at counties with no gam- GA was $113,640, including one person who legal big-ticket gambling have higher bank- bling at all. Many of these counties with 5+ said he owed $1 million and another admit- ruptcy rates than those counties that don’t gambling facilities are in Nevada, but most ting to owing an incredible $7.5 million. have gambling, and those counties with of them are not. BANKRUPTCY FILING RATES IN U.S. COUNTIES WITH GAMBLING FACILITIES 1 VERSUS COUNTIES WITH NO GAMING ESTABLISHMENTS

Number of Aggregate popu- 1996 bankruptcy 1996 fil- counties lation filings ings/1000

All counties with gaming facilities ...... 298 97,385,935 454,384 4.67 Counties with 5+ gaming facilities ...... 23 16,391,661 87,435 5.33 Counties with 1–4 gaming facilities ...... 275 80,994,274 366,949 4.53 Counties with no gaming facilities ...... 2,844 166,526,572 658,724 3.96 All U.S. counties ...... 3,142 263,912,507 1,113,108 4.22 1 Gambling facilities include land, tribal, and boat casinos; dog, horse, and harness race tracks, and jai alai frontons.

Again, these data tell only part of the located in Tennessee, Mississippi, and Ar- County. Marshall County, at 11.47, is adja- story, since some gambling parlors (espe- kansas. cent to DeSoto. Tunica County itself, the cially tribal casinos) are located in thinly Neither Tennessee nor Arkansas has legal likely source of some of this trouble, has a populated places and draw almost all their casino gambling within its borders. In fact, population of just 8,132 souls, and a bank- customers from other places. neither state even has a lottery, for that ruptcy rate of just 5.78, less than the state So, it’s important to also look at more matter. Yet, several of their biggest counties average of 6.16. populous areas located very near to gaming are located near the 10 major riverboat casi- Also high on the list of most bankrupt facilities. Indeed, not only do many gam- nos in Tunica County, MS. Tunica is located counties is Crittenden County, AR, at 11.16. bling facilities draw from other nearby popu- in the extreme northwest corner of Mis- It’s the county located just across the Mis- lation centers within the U.S., but in addi- sissippi, just south of Memphis, TN. Accord- tion there are many legal casinos in several ing to The Gaming Guide, Mississippi has the sissippi River from Shelby County. Tipton largest amount of ‘‘gaming area’’—that is, Canadian provinces. These often are located County, TN, at 10.96, is adjacent to Shelby square feet of casino gambling—in any state just beyond the U.S. border and cater to County on the north. Madison County, TN, outside Nevada. And most of that gaming is American gamblers in the Detroit area, up- at 10.73, is located just east of Shelby. But centered in Tunica County. Major casinos state New York, and other northern states. other counties located near Shelby in Ten- are also located in the Biloxi-Gulfport area Thus, we believe many counties have high nessee sport high bankruptcy rates, includ- on the Gulf of Mexico. ing Haywood, Lauderdale, Fayette, and bankruptcy rates tied in part to gambling, The profusion of super-high bankruptcy yet the county doesn’t register in our table Crockett, to name a few. These counties rates among the counties located near the don’t appear on our list of worst counties be- as a ‘‘gambling’’ county. If we included coun- Mississippi River casinos in Tunica County cause their populations were less than 25,000. ties contiguous to those places with legalized is quite remarkable. Indeed, the counties in gambling, we’re sure the numbers would the tristate area within the Memphis metro- The Tunica casinos aren’t the only ones show an even stronger correlation between politan area have some of the highest per- catering to Tennessee residents. There’s also high bankruptcy rates and gambling. The sonal bankruptcy rates in the nation. We a casino located upriver in Caruthersville, following mini study of the Memphis, TN, view their close proximity to the Tunica ca- MO, in that state’s southeastern panhandle. area illustrates our point. sinos as very meaningful. It may be part of the reason for the 10.56/1,000 Las Vegas East: Would you believe it’s Tunica Shelby County, TN, where Memphis is situ- bankruptcy rate in Dyer County, TN, which County, MS? ated, easily had the highest county bank- is located just across the river. Also, Gibson ruptcy rate in the nation in 1996, at 17.28 per County, TN, just east of Dyer, had a bank- In the table below, we show the 24 counties 1,000 population—more than four times the in the U.S. with the worst U.S. bankruptcy ruptcy filing rate of 10.12. It’s worth men- national average. It’s also by far the biggest tioning that both Dyer and Gibson Counties filing rates in 1996 (10.0 or more filings per county in terms of population among the thousand residents) and where the popu- are also both within a two-hour drive of the most bankrupt counties. Memphis also hap- Tunica casinos. lation is greater than 25,000. pens to be the headquarters of Harrah’s, one A significant number of these worst places of the biggest casino operators. The next table shows that 9 of the 24 U.S. share one trait—all are within easy reach of Also on the list of worst counties are two counties with the highest bankruptcy rates major gambling casinos. This is true of just Mississippi counties. DeSoto, with a Decem- in 1996 also were places located very close to about all of the counties on the list that are ber 1996 filing rate of 10.65, borders Tunica three gambling sites. H5852 CONGRESSIONAL RECORD — HOUSE July 28, 1997 COUNTIES WITH HIGHEST BANKRUPTCY FILING RATES, There are some states, for instance, where couldn’t pay. These lawyers were located in 1996 there are gambling facilities, yet the bank- areas near casinos, so the 10% to 20% figures [Minimum population 25,000] ruptcy rates are reasonably low. These probably doesn’t hold for the U.S. population states include South Dakota, Minnesota, and at large. Nevertheless, it’s probably not a County name Population Filings Filings/1000 Iowa—all located in the moderate bank- stretch to say that at least in those areas ruptcy ‘‘corridor’’ of the upper Midwest. near major casinos, gambling-related bank- Shelby, County, TN 1 ...... 865,058 14,952 17.28 It’s hard to tell in these areas whether ruptcies account for a good 10% to 20% of the Coffee County, GA ...... 32,697 432 13.21 Jefferson County, AL ..... 657,827 8,124 12.35 gambling has no effect on bankruptcy, or if, filings. Bibb County, GA ...... 155,066 1,912 12.33 on the other hand, bankruptcy would be even The Explosion in Iowa Troup County, GA ...... 57,882 705 12.18 less of a problem without the casinos. The Walker County, GA ...... 60,654 705 11.62 It’s also not a stretch to say that the num- Marshall County, MS 1 .. 32,078 368 11.47 Minnesota university study referenced ear- ber of people with financial problems stem- Crittenden County, AR 1 49,889 557 11.16 lier in this section suggests that bank- ming from gambling is on the rise, tracking Clayton County, GA ...... 198,551 2,209 11.13 ruptcies in that state are caused at times by Liberty County, GA ...... 58,749 650 11.06 the spread of legalized gambling. Coweta County, GA ...... 72,021 789 10.96 gambling. Tom Coates, executive director of the non- 1 Tipton County, TN ...... 43,423 476 10.96 Indeed, the notion that gambling is a profit Consumer Credit Counseling Services Murray County, GA ...... 30,032 325 10.82 major negative for bankruptcy in all geog- Madison County, TN 1 .... 83,715 898 10.73 of Des Moines, IA, told us that 10% to 15% of Baldwin County, GA ...... 41,854 448 10.70 raphies is supported by information from our the people his agency counsels have financial 1 DeSoto County, MS ..... 83,567 890 10.65 interviews and from a lot of local newspaper problems ‘‘directly related to gambling.’’ Dyer County, TN 2 ...... 35,900 379 10.56 articles we have reviewed. The actual gam- Manassas City, VA ...... 32,657 333 10.20 That’s up dramatically from 2-3% when the Gibson County, TN 2 ...... 47,728 483 10.12 bling debts may have become credit card agency opened its doors 10 years ago, before 3 Scott County, MS ...... 25,042 253 10.10 debts prior to the filer entering bankruptcy casino gambling was legalized in Iowa. Rhea County, TN ...... 26,833 271 10.10 court, but that doesn’t change the cause of Talladega County, AL .... 76,737 774 10.09 Coates also told us that his service’s busi- Spalding County, GA ..... 57,306 575 10.03 the financial trouble. The following material ness is up 30-40% over a year ago, at a time Ware County, GA ...... 35,589 357 10.03 will add more from this review of experts and when Iowa’s unemployment rate is at an all- news articles. 1 Located near casinos in Tunica County, MS. time low and its economy stronger than the 2 Located near casino in Caruthersville, MO. QUANTIFYING THE PROBLEM nation’s at large. He blames gambling for 3 Located near casino in Philadelphia, MS. 10% of Filings Might Be Linked to Gambling; much of the surge. MORE EXAMPLES 20% of Problem Gamblers Go Bankrupt Probably, much of what we’ve reported Of course, scenarios like this can be seen in Articles we studied, often quoting attor- about problem gamblers will not surprise the other areas of the country. Atlantic County, neys who specialize in personal bankruptcy, experienced credit executive. People with NJ, is a leading example. It is home to all of suggested that about 10% of bankruptcy fil- gambling addiction are rather obviously at that state’s legalized gambling casinos, and ings are linked to gambling losses. That fig- risk to lose a lot of money. But how many the 1996 bankruptcy rate was 7.10 filings per ure could be higher depending on location. such people exist? And how many gamble oc- 1,000 residents. That was 71% higher than the Most of the debt is racked up on credit cards. casionally? Let’s take a look at the numbers, state average bankruptcy rate of 4.16. And According to the experts on compulsive below. most of the time, counties located closest to gambling with whom we talked, no com- 2.6 million adults may have a gambling problem Atlantic had higher bankruptcy rates than prehensive national study on problem gam- According to the most recent statistics re- others further away. bling has been conducted in the U.S. since leased by the American Gaming Association, Of course, Atlantic City draws customers the early 1970s. However, several state stud- the casino industry’s trade group, U.S. from all kinds of places, including many ies have been done, all concluding that 20% households made 154 million visits to casinos from New York City. Our point is that the or more of compulsive gamblers were forced in 1995. That number was up 23% from the resident population in a gambling county to file for bankruptcy protection because of previous year and up an astounding 235% has the easiest and most frequent oppor- the losses they had incurred. from 1990. tunity to use the facilities, therefore we In the April 1996 study of compulsive gam- The AGA said 31% of U.S. households gam- should expect to see some result in the per blers in Minnesota conducted by two profes- bled at a casino in 1995, up from just 17% in capita bankruptcy rate. sors at the University of Minnesota Medical 1980. ‘‘Gambling households,’’ as the AGA Similarly, the 1996 bankruptcy rate in Ne- School, the researchers reported that 21% of calls them, also made an average 4.5 trips to vada is more than 50% higher than the na- the people in the study had filed for bank- casinos in 1995, up from 3.9 times the year be- tional average. In Clark County, where Las ruptcy. In addition, a disturbing 94% said fore and 2.7 in 1990. Vegas is located and where more than half of they had at least one gambling-related finan- Of course, it is difficult to pinpoint how the state’s more than 300 casinos are based, cial problem in their lifetime. Furthermore, many of these people have a problem or com- we see the highest bankruptcy rate within 9 out of 10 of the subjects said they had bor- pulsion—terms that can be a matter of de- the state. Nor is it surprising that the two rowed from banks, credit cards, and loan gree or interpretation. Most estimates range counties with the highest bankruptcy rates companies to finance their gambling. And, from 1% of the adult population to as high as in California are those just across the border 77% said they had written bad checks to fi- 7%. from Las Vegas, San Bernardino (7.04) and nance gambling sprees. The University of Minnesota study esti- Riverside (6.77). Those two counties also now The University of Illinois in Normal con- mated that 1% of the state’s entire popu- have tribal casinos of their own. ducted two surveys of members of Gamblers lation were ‘‘problem pathological gam- Moving to Maryland, Prince Georges Coun- Anonymous in 1993 and 1995. The combined blers,’’ meaning that they lose control and ty has by far the highest bankruptcy rate results found that 21% had filed for bank- continue gambling in spite of adverse con- among counties in that state—6.72 filings per ruptcy, and that another 17% had been sued sequences. If this 1% figure were true for the 1,000 population in 1996, almost 50% higher for gambling-related debts. Additionally, entire U.S. population, it would represent than the state average of 4.57. By way of 16% said their gambling led to divorce—an- about 2.7 million people at risk. comparison, the next highest county bank- other big driver of bankruptcy filings—and The gaming industry itself says that 2% to ruptcy rate in Maryland is 5.27, a signifi- another 10% said it led to separation. Com- 4% of practicing gamblers develop compul- cantly lower figure. What’s going on in pulsive gamblers also have very high rates of sion problems. Since 31% of households gam- Prince Georges? attempted suicides, higher even than for bled at a casino in 1995, the 2% to 4% range The answer is that Prince Georges is the drug addicts, the experts said. would yield numbers very similar to the only county in Maryland where casino gam- Rachel Volberg, the Pennsylvania-based Minnesota study. (31% of 265 million people bling is legal. Legal casinos are located at compulsive gambling consultant we ref- 82.15 million 3% = 2.5 million compulsive charitable organizations, such as Elks and erenced earlier, told us that a study in Wis- gamblers.) Knights of Columbus halls and volunteer fire consin had found that 23% of compulsive Needless to say, people don’t become com- departments. These casinos have strict lim- gamblers had filed for bankruptcy, and that pulsive gamblers until they’re first exposed its on operating hours and betting and don’t 85% of the gamblers said they had used cred- to gambling. Therefore, the rapid spread of have the glitz of Las Vegas or Atlantic City, it cards for gambling money. She also said a casino gambling right now is a major con- yet they do now exist and the casinos are study conducted in the Canadian province of cern. used. Prince Georges County also has har- Quebec found that 28% of problem gamblers Coates, the credit consultant, told us that ness racing. there had sought bankruptcy protection. Iowa commissioned a study of problem gam- Gambling & low-bankruptcy States: Would they One of the really scary things about these bling in 1989, two years before the state’s be even better without it? studies is that they are conducted only with first riverboat and Indian casinos opened. In All of the prior information is highly sug- people who had sought out professional help that study, it was estimated that 1.7% of the gestive that gambling influences bank- for gambling addiction. So, there may be state’s adult population were compulsive ruptcy. Yet, as all the rest of this study other problem gamblers at risk, too. gamblers. shows, there are many other bankruptcy According to several lawyers specializing In 1995, by which time many casinos had drivers. Therefore, the correlation between in bankruptcy who were quoted in newspaper dotted the state, Iowa did a similar study. bankruptcy and the physical location of articles that we studied, 10% to 20% of their Using the same methodology, the second gambling facilities is certainly imperfect. clients did so due to gambling debts they study found that 5.4% of the state’s entire July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5853 adult population—not just the population ruptcies, it does not take long for the net credit card or banking industry representa- that gambles—were problem or compulsive losses from bankruptcy filers to exceed the tive raised any objection to this rule when it gamblers, a more than tripling of the rate in profits from gamblers who responsibly use was being debated. Yet, Atlantic City has just six years. their cash advances. the highest concentration of big casinos out- Losing everything is common Here is some admittedly over-simplified side Las Vegas and serves millions of gam- card issuer math: Let’s hypothesize that blers per year. You get the feeling no one in For creditors, another problem with gam- 1,000 gamblers have used credit card cash ad- the credit community is paying close atten- bling-driven bankruptcy is that it is highly vances to obtain $1,000 each. Total receiv- tion to gambling’s effect on bankruptcy. likely to result in total loss. ables for this group will be $1 million. At a Even though most bankruptcy filings will 3. Maybe cash machines should be moved out of 1.5% return on assets, this $1 million will represent near-total loss of amounts owed to the casino hotels entirely generate $15,000 of net income. unsecured creditors, the gambling-driven Many of the experts we talked to for this But the gaming industry itself says that bankruptcies may be the worst. That’s be- study agreed that the worst thing for a com- 2% to 4% of these gamblers have an addic- cause addicted gamblers tend to ‘‘tap out’’ pulsive gambler to have is immediate access tion problem. If the average is 3%, then 3% completely on debt and deplete savings, lead- to cash when he’s on a binge. To the extent of the 1,000 gamblers we’ve just looked at are ing them into Chapter 7 liquidation. that banks control or influence where cash very high risk. This will be 30 people. If, as These are logical observations, but also are machines are placed, it may be time to re- the earlier data suggests, 20% of these 30 supported by findings in a July 1996 study consider their currently wide availability people will file for bankruptcy, then 6 of the conducted in Wisconsin. We reviewed this around the casino hotels. original 1,000 gamblers will wind up in bank- study. If the gambler had to walk down the street ruptcy court. Against the $15,000 of net in- DEALING WITH THE GAMBLING ISSUES to get cash, no doubt some would. But some come, what will the loss be from the 6 bank- of the people we interviewed strongly con- Like so many of the drivers of bankruptcy, rupt compulsive gamblers? Probably, it will tend that the walk itself would impose a gambling is a frustratingly tough problem to be more than $15,000—or at least close ‘‘cooling off’’ period that would stop some solve. enough to make this little piece of the credit compulsive gambling losses. Casino gambling is spreading rapidly in card business insufficiently profitable. ‘‘It’s a vulnerable thing for a compulsive part because so many people enjoy it. Most This tells us that card issuers and the ATM gambler to get credit,’’ said Looney of the gamblers also are responsible and know their associations they partially control may want New Jersey council and himself a recovering limits. People like gambling and most do it to reconsider their placement of so many gambling addict. ‘‘They will be so focused on safely, so how do you argue against the fur- cash machines in casino hotels. Or, at least, their gambling that they will gamble every- ther spread of casinos? card issuers may need to institute new early thing they can, including all the credit cards The central problem for bankruptcy is that warning indicators specific to those loca- they have in their possession. It is important gambling adds another socio-economic mi- tions. The heavy users of casino hotel cash to have ATM and credit card terminals at nority group to the high-risk mix. machines should be the ones stopped sooner. least some distance from where gambling ac- Bankruptcy is always driven by socio-eco- ‘‘If I were a credit guy, I would check bet- tually takes place. To some this might seem nomic and demographic minority groups. ter on the ATM transactions,’’ said Edward a small point, but to those of us who deal Most people have health insurance, but the Looney, executive director of the Council on with compulsive gamblers, this is huge. For 40 million Americans who don’t are a large Compulsive Gambling of New Jersey. ‘‘Banks many compulsive gamblers, just being forced high-credit-risk minority. Most people don’t ought to immediately pick up on someone in to walk a couple of hundred feet away from get divorced, but the 10% of adults who are trouble. You can tell just from the trans- where the gambling is actually taking place divorced are a sizeable at-risk minority. If actions.’’ Coates was quoted in the Des is sufficient time for them to rethink wheth- there also are 2.6 million compulsive gam- Moines Register newspapers in late 1995 er they really want to gamble any further. blers, this is just another high-risk group to claiming that banking sources told him that That break from gambling is a crucial time throw in—and perhaps the most rapidly eight of the 10 busiest ATMs in lowa were lo- for many.’’ growing group. Bankruptcies are rising in cated at the casinos. 4. Challenge more aggressively those bankruptcy part because, when you add up all these at- 2. Help defeat actions in states that would make filings where it appears that gambling losses risk minority groups, you end up with a very it easier for gamblers to get credit card cash are the main reason why the person is filing large number that’s no longer minor. advances on casino floors Still, we believe that much could be done Inside the bankruptcy court, at least some Here is perhaps the craziest credit risk by active creditors to combat the level of the folks contend, creditors should be even story yet. risk. At the moment, if anything, creditors tougher on gamblers than they already are. In New Jersey last September, the state enable and even encourage the problem gam- ‘‘I think lenders should push for slightly Casino Control Commission passed a regula- bler to go too far. And some state govern- different treatment [in bankruptcy court] for tion that would allow casino patrons to uti- ments seem even more eager than the casino someone who has been shown to run up his lize ATM and credit card cash advance ma- themselves to encourage irresponsible gam- debts for gambling,’’ said Tom Coates, the chines placed right at the Atlantic City gam- bling behavior—as we’ll see in a moment in Des Moines credit counselor. Credit card ing tables. New Jersey. lenders would not only be helping themselves Previously, customers had to walk to a dif- Here are some of our thoughts on combat- but doing the problem gambler a favor, too, ferent part of the building to use these ma- ting the gambling/bankruptcy problem: he noted. chines. Under the new proposal, borrowing Coates, who recently testified before the 1. Make it tougher for customers to obtain cash for blackjack would be faster than ordering a National Bankruptcy Commission, tried to advances at gambling casinos drink from a cocktail waitress. Not even Las impress on the panel that discharging gam- According to the gaming industry itself, Vegas casinos allow this. And, the Atlantic bling debts through a bankruptcy filing more than half of the money that gamblers City casinos themselves don’t support the doesn’t do the gambler any good. ‘‘I tried to play with at casinos is not money they measure, which they believe would lead to impress on the Commission that the compul- brought with them. It is money they ob- increased gambling compulsion and would sive, problem gambler is living in a fantasy tained inside the casino or close by from tarnish the industry’s reputation. world and to go ahead and discharge this automated teller machines, cash advances In other words, the state government is debt in bankruptcy court continues to propa- from credit card terminals, and the like. more eager to push money into the gamblers’ gate this atmosphere of fantasy land. It will ‘‘It is no secret in the casino industry that hands than the casinos who would profit abort the recovery process for that individ- patrons will continue to play a game until most in the short run. What’s wrong with the ual. The process of recovery is to bring that their cash runs out. What some operators New Jersey regulators—and why didn’t the person out of their fantasy world into the have discovered, however, is if a consumer is banking industry object? world of reality, and by discharging those provided with efficient and easy ways to ac- So far, no Atlantic City casino has taken debts, none of it seems real to them.’’ cess cash, often a ‘last time’ player will advantage of the rule change, nor is any Indeed, in a recent article in the St. Louis wager for longer than he or she originally likely to in the future, said Keith Whyte, di- Post-Dispatch about gambling and bank- planned,’’ states a recent article about cash rector of research at the American Gaming ruptcy, one gambler was quoted counseling advances in International Gaming & Wager- Association, the industry’s trade group. another with money troubles: ‘‘Go file bank- ing Business, a gaming industry monthly ‘‘We definitely opposed in principle New ruptcy. Then you’ll have money to gamble magazine. In addition, the article says, Jersey’s regulatory rule change that would with.’’ ‘‘credit customers tend to be more liberal let casinos put ATM card swipes right at the U.S. credit card issuers should consider money-users.’’ table. And in fact no casinos are doing that, lobbying to change U.S. bankruptcy laws to Credit card issuers have been very accom- and none will, I can almost guarantee you,’’ make it illegal for people to discharge gam- modating to gamblers, making it easy for Whyte told us. ‘‘It wasn’t a casino-initiated bling debts in bankruptcy court. That is the them to get their hands on large sums of thing. Everybody [in the industry] realized current law in Australia, according to Henry money very quickly. And it may well be that that is probably not a step we would want to Lesieur, the University of Illinois professor. most of this business is profitable for the take.’’ Of course, the card issuers would have to be card issuers. But that may be changing now. According to Looney, the New Jersey Com- able to prove that a card cash advance was In an era of very rapidly increasing bank- pulsive Gambling Council chief, not a single used for gambling purposes, which might H5854 CONGRESSIONAL RECORD — HOUSE July 28, 1997 often be difficult. On the other hand, if the added. New Jersey’s 34,000 bankruptcy the rules were suspended and the bill law were changed, perhaps filers who lie cases were handled by only eight bank- was passed. about gambling losses would risk penalties, ruptcy judges. It is, therefore, unrea- A motion to reconsider was laid on so at least some might be honest. sonable to think that eight judges can the table. 5. Finance research into problem gambling and adequately handle 34,000 cases, and f finance help for compulsive gamblers that turns out to be the fact. From time to time, creditors provide funds This number is too high. We cannot b 1600 to all sorts of charitable outfits. If they expect cases of this number to be heard CLARIFYING STATE AUTHORITY helped finance research into compulsive expeditiously as well as thoroughly and gambling, such spending would play a dual TO TAX COMPENSATION PAID TO role. It would be a public contribution, and it fairly and creditors to be paid prompt- CERTAIN EMPLOYEES would help creditors learn more about the ly if the number of judges does not in- seriousness of the tie between gambling and crease. It is unfair for all of the parties Mr. GEKAS. Mr. Speaker, I move to bankruptcy. involved. suspend the rules and pass the bill Quite a bit of money is spent on alcohol We will be increasing with H.R. 1596 (H.R. 1953) to clarify State authority to and drug addiction research and rehabilita- the number of new bankruptcy judges tax compensation paid to certain em- tion. Both of those problems are viewed (at by 6 percent over 1992, even though the ployees. least by some people) as medical. Appar- caseload went up 30 percent. I think The Clerk read as follows: ently, the public view toward gambling ad- that this is a good start, Mr. Speaker. H.R. 1953 diction is quite different. There’s no drug in- volved, and little is spent on research or H.R. 1596 puts into action the Judicial Be it enacted by the Senate and House of Rep- rehab. Yet, gambling addiction can indeed be Conference’s recent recommendation resentatives of the United States of America in viewed as a form of emotional or metal ill- to add 7 permanent and 11 temporary Congress assembled, ness—and it’s the one addiction that is grow- judgeships nationwide, and I strongly SECTION 1. LIMITATION ON STATE AUTHORITY ing most quickly in its impact on creditors. urge my colleagues to vote for H.R. TO TAX COMPENSATION PAID TO IN- In our research for this study, we found DIVIDUALS PERFORMING SERVICES 1596. AT FORT CAMPBELL, KENTUCKY. very little new research being conducted on Mr. HOYER. Mr. Speaker, I rise in enthu- (a) IN GENERAL.—Chapter 4 of title 4, Unit- compulsive gambling. The experts we inter- siastic support of H.R. 1596, the Bankruptcy viewed said that no national survey of com- ed States Code, is amended by adding at the Judgeship Act of 1997. end the following: pulsive gamblers has been done in more than Spurred by credit card debt, bankruptcy 20 years; only a handful of studies have been ‘‘§ 115. Limitation on State authority to tax done by various states from time to time. claims in the United States have escalated by compensation paid to individual perform- Much of the available research has been done more than 20 percent over the past 5 years, ing services at Fort Campbell, Kentucky in academia with modest financial support, increasing from 971,000 in 1992 to 1.2 million ‘‘Pay and compensation paid to an individ- and it gets little followup attention. in 1996. This has translated into expanding ual for personal services at Fort Campbell, Card issuers spend millions on sporting caseloads for U.S. bankruptcy courts and Kentucky, shall be subject to taxation by events, the Olympics, and even on the placed a substantial added burden upon bank- the State or any political subdivision thereof Smithsonian museums (Discover Card). ruptcy judges and staff. The district of Mary- of which such employee is a resident.’’. These expenditures have a marketing value. land is among those jurisdictions affected (b) CONFORMING AMENDMENT.—The table of A fractional amount diverted to gambling most severely by the rise in bankruptcy filings, sections for chapter 4 of title 4, United research could have an even better bottom experiencing a staggering 35.8 percent jump States Code, is amended by adding at the end line impact. the following: Ms. LOFGREN. Mr. Speaker, I yield 2 in the last year, and an astounding 544 per- cent increase over the 12-year period begin- ‘‘115. Limitation on State authority to tax minutes to the gentleman from New compensation paid to individ- Jersey [Mr. ROTHMAN]. ning December 31, 1984, and ending Decem- uals performing services at Mr. ROTHMAN. Mr. Speaker, I thank ber 31, 1996. Fort Campbell, Kentucky.’’. The Bankruptcy Judgeship Act will help to the gentlewoman from California for (c) EFFECTIVE DATE.—The amendments alleviate the mounting stress on the most se- yielding me this time. made by this section shall apply to pay and Mr. Speaker, I rise today in support verely overburdened U.S. bankruptcy courts compensation paid after the date of the en- of H.R. 1596, the Bankruptcy Judgeship by establishing an additional 7 permanent and actment of this Act. 11 temporary bankruptcy judgeships in various Act of 1997. I come to the floor today to SEC. 2. CLARIFICATION OF STATE AUTHORITY TO jurisdictions around the country. Under H.R. TAX COMPENSATION PAID TO CER- speak not only as a Member of Con- 1596, Maryland would receive one permanent TAIN FEDERAL EMPLOYEES. gress but as a former county surrogate and two temporary bankruptcy judgeships. (a) IN GENERAL.—Section 111 of title 4, court judge. I am very concerned about I would like to commend the bill's lead spon- United States Code, is amended— the bankruptcy system in the United (1) by inserting ‘‘(a) GENERAL RULE.—’’ be- sor, Mr. GEKAS, chairman of the Judiciary Sub- States, not that it does not work but fore ‘‘The United States’’ the first place it committee on Commercial and Administrative that with the sheer number of cases appears, and law, and the rest of my colleagues on the Ju- being filed, Americans cannot be as- (2) by adding at the end the following: diciary Committee, including Chairman HENRY sured of speedy bankruptcy filings. ‘‘(b) TREATMENT OF CERTAIN FEDERAL EM- HYDE, ranking member JOHN CONYERS, and As the gentlewoman from California PLOYEES EMPLOYED AT FEDERAL HYDRO- the ranking member of the subcommittee, Mr. ELECTRIC FACILITIES LOCATED ON THE COLUM- said, that means that individuals and NADLER, for taking this action to help bank- BIA RIVER.—Pay or compensation paid by the businesses who are owed money by in- ruptcy courts meet the challenge of rapidly ex- United States for personal services as an em- dividuals and companies that take ad- panding caseloads. ployee of the United States at a hydro- vantage of our bankruptcy laws, they Enactment of this legislation will bring much- electric facility— ‘‘(1) which is owned by the United States, will not receive their just compensa- needed relief to the U.S. bankruptcy court sys- tion in a timely enough fashion. So as ‘‘(2) which is located on the Columbia tem and more expeditious adjudication of River, and Members of Congress, as legislators, it bankruptcy claims. I strongly encourage all of is our responsibility to equip the judi- ‘‘(3) portions of which are within the my colleagues to support this important and States of Oregon and Washington, ciary with the tools they need to en- timely legislation. sure fair and speedy bankruptcy trials shall be subject to taxation by the State or Mr. GEKAS. Mr. Speaker, I have no any political subdivision thereof of which for Americans. further requests for time, and I yield such employee is a resident. In 1996 there were over a million back the balance of my time. ‘‘(c) TREATMENT OF CERTAIN FEDERAL EM- bankruptcy filings in the United Ms. LOFGREN. Mr. Speaker, I have PLOYEES EMPLOYED AT FEDERAL HYDRO- States. This was an increase of 27 per- no further requests for time, and I ELECTRIC FACILITIES LOCATED ON THE MIS- cent over 1995 and more than triple the yield back the balance of my time. SOURI RIVER.—Pay or compensation paid by number filed since 1984. In my home The SPEAKER pro tempore. The the United States for personal services as an State of New Jersey there were more question is on the motion offered by employee of the United States at a hydro- than 34,000 filings in 1996, up almost 23 electric facility— the gentleman from Pennsylvania [Mr. ‘‘(1) which is owned by the United States, percent from the previous year. GEKAS] that the House suspend the ‘‘(2) which is located on the Missouri River, While this number continues to rise, rules and pass the bill, H.R. 1596. and one thing has not changed. Since 1992, The question was taken; and (two- ‘‘(3) portions of which are within the no new bankruptcy judges have been thirds having voted in favor thereof) States of South Dakota and Nebraska, July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5855 shall be subject to taxation by the State or ance from the Federal Government. Mr. BRYANT. Mr. Speaker, I thank any political subdivision thereof of which State governments must deal with the chairman from Pennsylvania [Mr. such employee is a resident.’’. each of these new challenges while bal- GEKAS] for yielding me the time. (b) EFFECTIVE DATE.—The amendment ancing their budgets every year. While I fully support all the provi- made by subsection (a) shall apply to pay sions in this legislation, I want to and compensation paid after the date of the Congress should only, with the great- enactment of this Act. est reluctance, interfere with the pre- speak for just a moment on the section rogative of States to tax economic ac- which would prevent the State of Ken- The SPEAKER pro tempore [Mr. tucky from unfairly taxing the workers GOODLATTE]. Pursuant to the rule, the tivity within their borders. The three cases before us, however, present who live in Tennessee but who work on gentleman from Pennsylvania [Mr. the Kentucky side of Fort Campbell. GEKAS] and the gentlewoman from unique, narrowly defined instances in which the equities clearly argue for This is a unique situation. California [Ms. LOFGREN] each will con- Fort Campbell is the only military trol 20 minutes. some relief for the very small number of workers affected. In fact, the very installation which is located in two The Chair recognizes the gentleman States. In fact, over 80 percent of the from Pennsylvania [Mr. GEKAS]. small number of individuals involved here probably have something to do base is located in Tennessee, and it GENERAL LEAVE with the fact they have been unable to might interest my colleagues to know Mr. GEKAS. Mr. Speaker, I ask unan- find relief in the appropriate source, that the only reason we call this base imous consent that all Members may State governments. Fort Campbell, KY, is that the post of- have 5 legislative days to revise and ex- fice is on the Kentucky side. In each case, a small number of tend their remarks on the bill under Because of its location, if a Ten- workers enter a Federal facility from consideration. nessee resident working on the base is their home States. Because these fa- The SPEAKER pro tempore. Is there assigned to work on the Kentucky side, cilities are bisected by State bound- objection to the request of the gen- she must pay Kentucky State income aries, their work takes them over the tleman from Pennsylvania [Mr. taxes. Reciprocal agreements between State line and brings them under the GEKAS]? two States normally would prevent There was no objection. taxing authority of the neighboring this double taxation. However, because Mr. GEKAS. Mr. Speaker, I yield my- State. As a result, they must pay in- Tennessee does not impose an income self such time as I may consume. come taxes to that neighboring State, tax on its State residents, a reciprocal Mr. Speaker, I urge adoption of this even though they never actually use agreement does not exist between Ten- piece of legislation. For several years the roads or other State services. nessee and Kentucky. now, we heard of this very unique, very Finally, unlike most States, the two Mr. Speaker, passage of this legisla- peculiar situation that exists where, on neighboring States lack reciprocal tax tion will not set a precedent for Fed- borders between two States, there hap- agreements to give residents the abil- eral preemption of State income tax pens to be a facility in which residents ity not to be taxed by their home State laws because of the uniqueness of this and nonresidents alike, each from one on income taxed in the neighboring case and the other two cases. Because of the States, happen to work in that State. These are highly unusual cases. this is a military installation, every- facility. Some of the States are taxing They are not simply cases of people day benefits that would normally be nonresidents on income taxes where working in neighboring States who do provided by Kentucky in return for nonresidents in their own State might not want to pay taxes to that State. these taxes paid by Tennesseans are ac- not have to pay that kind of tax. So The combination of these many un- tually provided by either the State of this has caused a kind of conflict. usual circumstances: The failure of the Tennessee or by the military. We are grateful to the Members of States to work out an equitable reci- For example, a person who has been the House from the various States procity agreement, along with the fact assigned to work on the Kentucky side which were affected to give us insight that these workers can be said to have of the post does not ever have to use a and to give testimony at the hearings worked in the neighboring State only Kentucky road, since these roads have that we have held on this very touchy in the narrowest and most technical been paid for by the military and the post can be entered from the Tennessee subject. The border between Oregon sense, makes this legislation merited. side. The same is true in the case of and Washington comes into play, as my This legislation is in line with the fire and police protection. colleagues will hear from the rep- very few previous instances in which Congress has taken similar actions. We This is an issue of fairness for the resentatives from that area; the border 2,200 Tennessee residents who are see- between Tennessee and Kentucky, as are exercising a Federal power that must be used only with the greatest of ing their annual income reduced sim- well, where Fort Campbell is located. ply because they were assigned to work Of late, we had a similar situation care; and I believe this legislation does that, and I urge its adoption. in a section of the base which is lo- arise, which was brought to our atten- cated in Kentucky. tion, between South Dakota and Ne- Mr. Speaker, I reserve the balance of Mr. Speaker, I also want to take a braska. my time. moment at this time to thank my col- So my colleagues will hear how this Mr. GEKAS. Mr. Speaker, I yield my- leagues on the subcommittee, the gen- has affected the people who live and self such time as I might consume just tleman from Pennsylvania [Mr. work in those areas. We believe that to remark that the gentleman from GEKAS], the chairman, and the gen- the legislation that is before us cures New York, who is the ranking member tleman from New York [Mr. NADLER], this very unfortunate situation and al- on the subcommittee in charge of these the ranking member, for working with lows the nonresidents, as it were, in proceedings, was very helpful from an me on this issue. these six States to have a sense of cer- insight that he has drawn as a member Consideration of this legislation on tainty about to whom they have to pay of the New York State Legislature, so the House floor represents a real vic- taxes and where to file, et cetera. that he was able to present to us a cer- tory for those who have worked so hard Mr. Speaker, I reserve the balance of tain facet of this type of legislation on the issue. For the last 10 years, leg- my time. which he has helped to craft in the lan- islation to correct this inequity has Ms. LOFGREN. Mr. Speaker, I yield guage here to help us provide the prop- been introduced in the House, only to myself such time as I may consume er vehicle for what we are attempting die at the end of each session of Con- and I rise in support of the motion to to do here. gress due to inaction. This effort was suspend the rules and adopt H.R. 1953. Mr. Speaker, I yield to the gentleman first begun by then-Representative and (Ms. LOFGREN asked and was given from Tennessee [Mr. BRYANT] such now-Governor Don Sundquist, a friend permission to revise and extend her re- time as he may consume. The gen- of mine. And I am happy to have an op- marks.) tleman has been very helpful right portunity to carry on this fight with Ms. LOFGREN. Mr. Speaker, many from the beginning, and his persever- him. responsibilities have devolved to the ance is in no small measure responsible Ms. LOFGREN. Mr. Speaker, I would States in the last several years. At the for the appearance of this bill on the just further add that, in the last Con- same time, there has been less assist- floor here today. gress, this issue was discussed on the H5856 CONGRESSIONAL RECORD — HOUSE July 28, 1997 floor of the House and there was a So today I thank the chairman again tion. That is an inequity that has cer- great deal of distress and opposition and all the other Members, especially tainly cost the families of my State of from various State officials that is not the gentleman from Washington [Mr. South Dakota a substantial amount of presented today. This change is worth HASTINGS], who I am sure is on a plane tax revenues over the years. emphasizing because this is a very nar- coming home, if he is like so many So we are very pleased that the row exception that is not a precedent Members, he is coming back here today chairman and other Members of this for telecommuting or anything broader because he has diligently brought it to body are willing to work with us to ad- than the very narrow circumstances the Chair, brought it to the committee, dress this inequity and bring some fair- that face us here today. I think we brought it to the limelight. And he has ness to the respective tax laws that we have done a good job of moving this several of those dams, as I do, on the have. forward. I commend the chairman. Columbia River, and his folks need to I would just simply close by saying Mr. Speaker, I have no other speak- understand that he has been a bulldog that those of us that live in South Da- ers, and I yield back the balance of my on this. Even though it was only a few kota like the State of Nebraska. Many time. people, the gentleman from Washing- of us are Nebraska Cornhusker fans, Mr. GEKAS. Mr. Speaker, I yield ton [Mr. HASTINGS] has cared deeply but we would rather live in South Da- such time as she may consume to the about the few. kota. And that is where we want to live gentlewoman from Washington, Mrs. Mr. GEKAS. Mr. Speaker, I yield my- and pay taxes. And since we do not LINDA SMITH, who herself has been in- self such time as I may consume to have a State income tax, it does have a strumental in keeping this committee allow the RECORD to reflect what the significant economic impact on these focused on the special problem that she gentlewoman from Washington, Mrs. families. And this bill addresses that. and the other Members have faced on LINDA SMITH, has said that the gen- So I thank the chairman for working that border between Oregon and Wash- tleman from Washington [Mr. HAST- with us on this. ington. INGS] too has been important in the Mr. HASTINGS of Washington. Mr. Speak- Mrs. LINDA SMITH of Washington. promulgation of the legislation which er, I rise in strong support of H.R. 1953, a bill Mr. Speaker, sometimes we have a law is now before us. And he, I believe it to tax more fairly workers at Federal facilities that seems insignificant because it was almost 2 years ago, was the first which border two States. This bill incorporates only affects a few people. But this par- who brought this matter to our atten- legislation I introduced earlier in this Congress ticular day, it is very important to tion. And here we are today in full fru- to end the double taxation of Army Corps of many people in Washington and Or- ition of the solution of the problem Engineers employees working on dams across egon, especially those that live in that he brought then to the floor. the Columbia River between Washington and Washington, because for many years, We now turn to another border, Oregon. they have been told there are not South Dakota and Nebraska. Mr. Speaker, these Federal employees are enough of them for Congress to pay at- Mr. Speaker, I yield such time as he currently being forced to pay income taxes to tention. So I would like to commend may consume to the gentleman from a State in which they do not work, live, vote, the gentleman from Pennsylvania [Mr. South Dakota [Mr. THUNE] to explain or receive benefits. For example: These work- GEKAS], the chairman, for caring about how that has occurred and how that ers can enter their dams from Washington justice for the few. was added to our legislation, because it State and need not use Oregon bridges or What has happened over the years is reflected so much of the similarity be- roads; workers paying taxes to Oregon have we have what is called a no man’s land tween it and the other States in ques- been denied Oregon unemployment benefits in Washington State and Oregon called tion. when they are laid off; they and their children a very wide river. It has many dams on Mr. THUNE. Mr. Speaker, I thank are denied in-State tuition at Oregon univer- it, and Federal employees work on that the gentleman from Pennsylvania [Mr. sities; and they do not qualify for in-State fees river. Over the years, one of the States, GEKAS], the chairman, for yielding and for fishing and hunting licenses. Nor are they the State of Oregon, has decided that for working with us on this important eligible for Oregon's comparatively inexpen- there is an imaginary line in the mid- issue. This is something that is a very sive vehicle registration fees. dle of the river and that they will have commonsense bill. It helps South Da- In short, these citizens never receive a sin- folks that get up each morning and kota families. gle benefit from the taxes they are compelled pack their lunch and go to work never In fact, one of the things in South to pay to the State of Oregon. ever going to the State of Oregon, liv- Dakota that we pride ourselves on is Beside the burden of paying taxes to two ing in Washington, keep track of the the fact that we are a low-tax State, States, these workers must also bear the ad- hours as they go throughout the day, and we like to attract economic devel- ministrative burden of recording the percent- the hours that they walk onto the side opment and people to come to our age of their work day spent on each half of of the river that Oregon has decided is State because we have a low-tax envi- the dam. This is an unreasonable burden on their land. This has become a bone of ronment. This is something that I these employees, who must frequently walk contention over the years. think addresses an issue which works back and forth across their dams to carry out And I often hear taxation without against that very principle. routine tasks. Furthermore, this costs the representation. We hear this often. But In fact, in this particular case, this American taxpayers who must pay these Fed- really, sometimes people use it because bill will save 35 families in my State of eral employees to track their time and move- they do not want to pay their share or South Dakota $1,000 a year. These are ments when they might otherwise be doing the they do not want to pay for services. people that live in South Dakota but actual work for which they were hired. These folks never drive on an Oregon work on a Federal project outside the H.R. 1953 would settle this problem in a road. They are never protected by Or- taxing authority of Nebraska and manner consistent with previous legislation. In egon law. There is never a fire engine South Dakota. the Amtrak Act of 1990, Congress determined that comes to protect their home. South Dakota residents work at Gav- that railway employees who frequently cross There is no service. There is nothing, ins Point, which is a Federal project on State lines should only be required to pay in- except they walk across a Federal the Missouri River. They do not need come taxes to their State of legal residence. In project part of the way through the day Nebraska roads, facilities, goods, or the 104th Congress we passed the source tax and then usually are required to pay services to access their worksite. In bill which stipulated that pension benefits about 10 percent tax on 50 percent of fact, these 35 families receive no bene- should be taxes only in the recipient's State of their income, without ever getting any fits whatsoever for the tax dollars that legal residence. In both cases, Congress inter- service. they pay to the State of Nebraska. vened to clarify an interstate tax issue. So today what we have is just com- They cannot vote down there, and they The administration has stated that congres- mon sense, but it is also justice for the cannot use Nebraska services. sional action is needed. The Human Re- few. And that is what America is We just heard previously from other sources Department of the Army Corps of En- about. We protect the rights of each in- speakers an important principle on gineers in Portland has informed their employ- dividual. And the right to not have tax- which this country was founded, and ees that: ``Congressional action will be re- ation without representation is just that is the principle that you should quired if we are to get this situation fixed.'' something we know is American. not have taxation without representa- You may recall that the House debated this July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5857 issue last fall. Since that time hearings have (5) regardless of the differences in their du- (v) an individual on active duty in the been held, and we have worked with the Or- ties, skill, and responsibilities, the public military service; egon delegation to address the concerns ex- has difficulty in discerning the difference be- (4) the term ‘‘certificate of registration’’ tween sworn law enforcement officers and means a license, permit, certificate, registra- pressed earlier about this situation. private security personnel; and tion card, or other formal written permission Mr. Speaker, I would like to commend the (6) the American public demands the em- from the State for the person to engage in excellent work of Mr. GEKAS, the chairman of ployment of qualified, well-trained private providing security services; the Subcommittee on Commercial and Admin- security personnel as an adjunct, but not a (5) the term ‘‘security services’’ means the istrative LawÐtogether with Mr. NADLER, the replacement for sworn law enforcement offi- performance of one or more of the following: ranking minority member of the subcommit- cers. (A) the observation or reporting of intru- teeÐin introducing H.R. 1953. Following hear- SEC. 3. BACKGROUND CHECKS. sion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropria- ings on this issue in April of this year, Mr. (a) IN GENERAL.—An association of employ- ers of private security officers, designated tion of any goods, money, or other item of GEKAS prepared a bill which addresses dou- for the purpose of this section by the Attor- value; ble-taxed workers in Washington, Tennessee, ney General, may submit fingerprints or (C) the observation or reporting of any un- and South Dakota, while preserving the right other methods of positive identification ap- lawful activity; of States to collect taxes within their borders. proved by the Attorney General, to the At- (D) the protection of individuals or prop- This is an excellent bill, and deserving of all of torney General on behalf of any applicant for erty, including proprietary information, our support. a State license or certificate of registration from harm or misappropriation; as a private security officer or employer of (E) the control of access to premises being I urge my colleagues to support this biparti- protected; san, commonsense measure which protects private security officers. In response to such a submission, the Attorney General may, to (F) the secure movement of prisoners; working people and their families from unfair (G) the maintenance of order and safety at the extent provided by State law conforming athletic, entertainment, or other public ac- taxation. to the requirements of the second paragraph tivities; under the heading ‘‘Federal Bureau of Inves- b 1615 (H) the provision of canine services for pro- tigation’’ and the subheading ‘‘Salaries and tecting premises or for the detection of any Mr. GEKAS. Mr. Speaker, I have no Expenses’’ in title II of Public Law 92–544 (86 unlawful device or substance; and further requests for time, and I yield Stat. 1115), exchange, for licensing and em- (I) the transportation of money or other back the balance of my time. ployment purposes, identification and crimi- valuables by armored vehicle; and The SPEAKER pro tempore (Mr. nal history records with the State govern- (6) the term ‘‘State’’ means any of the sev- GOODLATTE). The question is on the mental agencies to which such applicant has eral States, the District of Columbia, the motion offered by the gentleman from applied. Commonwealth of Puerto Rico, the United (b) REGULATIONS.—The Attorney General States Virgin Islands, American Samoa, Pennsylvania [Mr. GEKAS] that the may prescribe such regulations as may be Guam, and the Commonwealth of the North- House suspend the rules and pass the necessary to carry out this section, includ- ern Mariana Islands. bill, H.R. 1953. ing measures relating to the security, con- The question was taken; and (two- fidentiality, accuracy, use, and dissemina- The SPEAKER pro tempore. Pursu- thirds having voted in favor thereof) tion of information and audits and record- ant to the rule, the gentleman from the rules were suspended and the bill keeping and the imposition of fees necessary Georgia [Mr. BARR] and the gentle- was passed. for the recovery of costs. woman from California [Ms. LOFGREN] (c) REPORT.—The Attorney General shall A motion to reconsider was laid on each will control 20 minutes. report to the Senate and House Committees The Chair recognizes the gentleman the table. on the Judiciary 2 years after the date of en- from Georgia [Mr. BARR]. f actment of this bill on the number of inquir- ies made by the association of employers GENERAL LEAVE PRIVATE SECURITY OFFICER under this section and their disposition. Mr. BARR of Georgia. Mr. Speaker, I QUALITY ASSURANCE ACT OF 1997 SEC. 4. SENSE OF CONGRESS. ask unanimous consent that all Mem- Mr. BARR of Georgia. Mr. Speaker, I It is the sense of Congress that States bers may have 5 legislative days within should participate in the background check which to revise and extend their re- move to suspend the rules and pass the system established under section 3. bill (H.R. 103) to expedite State reviews marks on the bill under consideration. SEC. 5. DEFINITIONS. The SPEAKER pro tempore. Is there of criminal records of applicants for As used in this Act— private security officer employment, (1) the term ‘‘employee’’ includes an appli- objection to the request of the gen- and for other purposes. cant for employment; tleman from Georgia? The Clerk read as follows: (2) the term ‘‘employer’’ means any person There was no objection. that— Mr. BARR of Georgia. Mr. Speaker, I H.R. 103 (A) employs one or more private security yield myself such time as I may Be it enacted by the Senate and House of Rep- officers; or consume. resentatives of the United States of America in (B) provides, as an independent contractor, Mr. Speaker, I rise today in this Congress assembled, for consideration, the services of one or more great body in support of passage of the private security officers (possibly including SECTION 1. SHORT TITLE. Private Security Officer Quality Assur- This Act may be cited as the ‘‘Private Se- oneself); curity Officer Quality Assurance Act of (3) the term ‘‘private security officer’’— ance Act. I introduced this legislation 1997’’. (A) means— along with the gentleman from Califor- (i) an individual who performs security nia [Mr. MARTINEZ] at the beginning of SEC. 2. FINDINGS. services, full or part time, for consideration Congress finds that— this Congress. The gentleman from as an independent contractor or an em- California has championed this bill not (1) employment of private security officers ployee, whether armed or unarmed and in in the United States is growing rapidly; uniform or plain clothes whose primary duty only in this Congress but in the pre- (2) the private security industry provides is to perform security services, or vious Congresses as well. numerous opportunities for entry-level job (ii) an individual who is an employee of an This bill, Mr. Speaker, is identical to applicants, including individuals suffering electronic security system company who is the bill that passed this House last from unemployment due to economic condi- engaged in one or more of the following ac- Congress by a vote of 415 to 6. This bill tions or dislocations; tivities in the State: burglar alarm techni- will help ensure that private security (3) sworn law enforcement officers provide cian, fire alarm technician, closed circuit significant services to the citizens of the officers undergo thorough and timely television technician, access control techni- criminal background checks. It is United States in its public areas, and are cian, or security system monitor; but only supplemented by private security offi- (B) does not include— straightforward and simple. It proposes cers who provide prevention and reporting (i) sworn police officers who have law en- an expedited procedure similar to those service in support of, but not in place of, reg- forcement powers in the State, in use by the financial and parimutuel ular sworn police; (ii) attorneys, accountants, and other pro- industries today to match the finger- (4) given the growth of large private shop- fessionals who are otherwise licensed in the prints of job applicants against records ping malls, and the consequent reduction in State, maintained by the FBI’s Criminal Jus- the number of public shopping streets, the (iii) employees whose duties are primarily American public is more likely to have con- internal audit or credit functions, tice Services Division. tact with private security personnel in the (iv) persons whose duties may incidentally Mr. Speaker, there are more than 1.5 course of a day than with sworn law enforce- include the reporting or apprehension of million private security officers in the ment officers; shoplifters or trespassers, or United States. The security industry is H5858 CONGRESSIONAL RECORD — HOUSE July 28, 1997 dynamic and there is great pressure to gregate, or collect, fingerprint cards, that can provide a point of contact for meet the ongoing need to hire qualified screen them for legibility, and then the FBI. Again, if the firms fail to op- personnel as vacancies occur. Thorough forward them to the FBI. The results of erate in a way that works best for the reviews of job applicants’ backgrounds the records search will then be for- FBI, Congress would have to step back are critical to employers, both to pro- warded back to the appropriate State in and review this situation. And so I tect assets and to ensure protection for officials. By sending the records to think it would be very wise for the pri- the public. Employers must depend on State officials rather than to employ- vate security firms to take every pos- State and Federal agencies for crimi- ers, we avoid, Mr. Speaker, potential sible step to avoid adversely impacting nal history information. They need concerns about privacy rights of job the Federal Bureau of Investigation. this information promptly, but under applicants. By eliminating several With those two caveats about poten- existing law this process can take from steps from the process, this system tial concerns, I would like to note that 3 to 18 months. should result in a far more efficient I do and Democrats on the committee Thirty-nine States now require secu- system of background checks. did support this bill. The gentleman rity contractors to conduct back- This system has been endorsed by the from California [Mr. MARTINEZ], as the ground checks of their personnel, usu- National Association of State Security gentleman from Georgia noted, has in- ally requiring fingerprint matches. To and Investigative Regulators. As under troduced this bill for several Con- obtain a review of the FBI records, a current law, fees will be assessed to gresses and it is good to see a biparti- cumbersome, unwieldy process is used, compensate the FBI for their costs, and san team coming together in support of leading to lengthy delays. there will be no net cost to the Govern- this bill. Today an employer must submit ment for this expedited procedure. We Mr. Speaker, I reserve the balance of prints to the State police agency which have made that clear in the language my time. in turn forward them to the Bureau of the bill, Mr. Speaker. Mr. BARR of Georgia. Mr. Speaker, I where they are processed. This so- Moreover, the bill contains abso- yield myself such time as he may called rap sheet is then sent back to lutely no mandates for the States. The consume to the gentleman from Flor- the police agency, which then sends States are not required to participate ida [Mr. MCCOLLUM], distinguished these results to the State’s agency in any part of a proposed bill if they chairman of the Subcommittee on charged with regulating the industry. elect not to. I strongly urge this Con- Crime of the Committee on the Judici- That agency then must judge the fit- gress to join in support of H.R. 103, the ary. (Mr. MCCOLLUM asked and was ness of the applicant for employment Private Security Officer Quality Assur- given permission to revise and extend and a decision might then be made. At ance Act. his remarks.) that point, if a permit is issued, it is Mr. Speaker, I reserve the balance of Mr. MCCOLLUM. I thank the gen- my time. sent to the applicant. tleman for yielding me this time. The existing system for private secu- Ms. LOFGREN. Mr. Speaker, I yield Mr. Speaker, I want to simply con- rity employers to learn whether an ap- myself such time as I may consume. gratulate the gentleman from Georgia Mr. Speaker, I rise in support of the plicant’s criminal history disqualifies for this bill. I think it is a very impor- bill. This bill would permit associa- that person is often cumbersome and tant piece of legislation in terms of tions representing private security almost always time consuming. The trying to make sure that when we have typical transaction provides many op- firms to request FBI criminal history security officers in private concerns, portunities for the process to bog background checks on prospective se- and we do all over the country, that down. With State agencies commonly curity employees. This is a worthwhile they get their backgrounds checked. It stretched thin by tight budgets, the bill because private security officers really does not make sense to open the time required for staff to forward an are entrusted with safety matters and door for criminal behavior and conduct applicant’s fingerprints to the FBI it makes sense, good sense, to take ad- even in private concerns when people sometimes consumes months. vantage of the available resources to are supposed to be involved with highly Still further delays can and do occur ensure that security firms do not un- sensitive matters and they have some after the FBI completes the check and knowingly hire someone with a crimi- kind of background that would say to returns the results to the State. As I nal background. the people who are hiring that we stated earlier, in many States the re- I do, however, want to sound two would not do that if we had known that sults of the background check review notes of caution about the bill and po- was there. then go to a law enforcement agency, tentially unintended outcomes. First, I Mr. Speaker, I think the gentleman then to a separate regulatory agency want to be absolutely clear that I do has made an enormously valuable con- responsible for security officers, there- not believe private security officers are tribution to safety and security in this by lengthening the process even fur- a substitute for sworn law enforcement country by this bill and I strongly sup- ther. The bottom line is that in some officers. Private officers are generally port it and urge its adoption. instances an employer may wait more less well trained, they are not sworn to Mr. Speaker, H.R. 103, the Private Security than a year, sometimes well over a protect the public, and constitutional Officer Quality Assurance Act, represents a year, before learning whether an appli- protections do not operate with respect legislative effort to expedite and improve back- cant has a serious criminal record. to them to the same degree as with po- ground checks for private security guards. Financial institutions, Mr. Speaker, lice officers. There has been a trend to- Congressman BARR brought this issue to Con- were authorized by Congress under ward private companies and even resi- gress' attention last year, and his bill passed Public Law 92–544 to obtain criminal dential communities hiring more pri- overwhelmingly in the House. Unfortunately, it records directly from the FBI. Under vate officers as local governments are was not taken up by the Senate before final this system, the American Banking As- forced by budget constraints to scale adjournment, and I commend him for his con- sociation has indicated the process is back on their police forces. If this leg- tinuing dedication to this issue. reduced to about 20 business days. islation were to encourage that trend, I Mr. Speaker, the private security industry is Congress created another so-called believe we would come to regret it and large and continually growing. It is estimated express lane for obtaining criminal would need to review and take action that, by the year 2000, private security officers record information in the enactment of in the future should that unintended will outnumber sworn law enforcement officers Public Law 100–413, the Parimutuel Li- and unexpected outcome be the result. nearly 3 to 1. censing Simplification Act of 1988. This Second, I do want to note that the Private security guards wear uniforms much is a similar process to the one used by FBI is concerned about the possible like law enforcement uniforms. Some carry the American Bankers Association burden of dealing with hundreds of dif- guns or other weapons. They give every ap- [ABA], but the rap sheet is sent back ferent private security firms request- pearance of authority, and many citizens trust to the State regulatory agency, not the ing background checks. I share that them implicitly. The public deserves some as- employer. The system approximates concern and would urge the security surances that the security guards they see at that proposed in H.R. 103. firms if this bill is enacted to coordi- the malls, or in the parking lots, or at the office This bill will authorize the Attorney nate their background check requests buildings are all qualified individuals who do General to name an association to ag- through one or two trade associations not have criminal records. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5859 H.R. 103 directs the Attorney General to ployers. This association would in turn 104th Congress at the suggestion of Members designate an association of employers of pri- serve as an industry clearinghouse that of my committee. H.R. 103 is a vast improve- vate security officers who would submit finger- would submit applicant information to ment over the version introduced in the 104th prints to the Attorney General on behalf of any the Federal Bureau of Investigation for Congress, which included lengthy provisions applicant for a private security officer position. purposes of doing individual back- declaring the sense of the Congress that The Federal Bureau of Investigation will then ground checks. This would help ensure States should enact statutes imposing numer- conduct the background checks on those ap- that both the States and the employers ous certification and training requirements on plicants. The legislation gives the Attorney would quickly receive important back- employers of private security officers. While I General authority to prescribe such regulations ground information concerning individ- strongly support the notion of thoroughly as may be necessary to implement this proc- uals seeking to become private secu- checking the background of all applicants for ess, including regulations relating to confiden- rity officers. private security officer positions, the bill's tiality of information and the imposition of fees Second, the bill includes provisions focus on achieving these improvements necessary for the recovery of costs. expressing the sense of Congress that through proscriptive and cumbersome man- This legislation does not supplant any cur- the States should participate in the datesÐimposed on either the States or em- rent State background investigation process background check system. ployersÐwas troubling to me as well as to for private security officers, it simply creates a The Private Security Officer Quality other members of my committee. For that rea- new avenue for more efficient investigations of Assurance Act passed the House on son, I am pleased that the bill before us today national criminal history files. H.R. 103 will September 26, 1996 by a vote of 415 to 6. does not include those provisions. make it much more difficult for persons with The Senate, however, did not act upon The Private Security Officer Assurance Act criminal histories to cloak themselves with the the measure before the 104th Congress passed the House on September 26, 1996 by legitimacy of a security uniform, and I urge my adjourned. Thus the gentleman from a vote of 415 to 6. The Senate, however, did colleagues to support it. Georgia [Mr. BARR] reintroduced the not act upon the measure before the 104th Mr. BARR of Georgia. Mr. Speaker, I identical bill this year as H.R. 103. Congress adjourned. Thus, Representative yield myself such time as I may I would note that H.R. 103 was re- BARR of Georgia reintroduced the identical bill consume. ferred to the Committee on Education this year as H.R. 103. Mr. Speaker, I think it is also impor- and the Workforce and, in addition, to Finally, I would note that H.R. 103 was re- tant to keep in mind that just a few the Committee on the Judiciary. While ferred to the Committee on Education and the days ago we celebrated, if that is the the Committee on Education and the Workforce, and in addition, to the Committee proper word, or at least recognized the Workforce has not reported H.R. 103, on the Judiciary. While the Committee on Edu- first anniversary of the tragic bombing the Committee on the Judiciary did in cation and the Workforce has not reported at Olympic Park in Atlanta. With the fact order the bill favorably reported H.R. 103, the Judiciary Committee did, in fact, fact that there was a great deal of pri- by a voice vote on June 18, 1997. order the bill favorably reported by a voice vate security at those events and with In light of the fact that H.R. 103 is vote on June 18, 1997. In light of the fact that the events surrounding Mr. Jewel, I identical to legislation passed over- H.R. 103 is identical to legislation passed cannot help but think that this is a whelmingly by the House last Septem- overwhelmingly by the House last September, very appropriate time to bring this bill ber, I agree with the gentleman from we saw no reason to slow the legislative proc- forward to the floor because it will, I Pennsylvania [Mr. GOODLING], my com- ess. However, these actions should hold no think, Mr. Speaker, go a great distance mittee chairman, that there is no rea- precedence regarding the interest that the toward improving the caliber of private son to slow the legislative process. Committee on Education and the Workforce security officers in our community. However, I also share his view that has regarding our jurisdiction with respect to I would like to commend the gentle- these actions should hold no prece- issue raised in the bill. The committee retains woman from California for noting very dence regarding the interest that the its jurisdiction with respect to issues raised in appropriately and to remind all of our Committee on Education and the the bill should its provisions be considered in colleagues that the bill itself recog- Workforce has regarding our jurisdic- a conference with the Senate. nizes in its terms that despite the im- tion with respect to issues raised in the Mr. MARTINEZ. Mr. Speaker, I am once portant role as an assistance or an ad- bill. The committee retains its juris- again delighted to join the gentleman from junct to law enforcement, the role diction with respect to issues raised in Georgia in support of the Private Security Offi- played by private security officers, the bill should its provisions be consid- cer Quality Assurance Act, a bill we jointly in- they are not viewed in any way, shape ered in a conference with the Senate. troduced earlier this year. Representative BOB or form by this legislation nor by my- Mr. Speaker, I would urge passage of BARR deserves enormous credit for his dili- self or my cosponsor the gentleman this legislation that will help ensure gence, skill, and hard work in bringing this im- from California [Mr. MARTINEZ] as the quality of the individuals who work portant, bipartisan measure to the floor. usurping the authorities and duties of as private security officers and help I would like to take a moment to give spe- law enforcement officers. But that is a improve public safety. cial thanks to Chairman GOODLING and Rep- very important concern and one which Mr. GOODLING. Mr. Speaker, I rise today in resentative CLAY for waiving committee juris- we addressed specifically in the bill. support of H.R. 103, the Private Security Offi- diction over H.R. 103, and allowing this meas- Mr. Speaker, I yield such time as he cer Quality Assurance Act. Modest though it ure to be considered today. may consume to the gentleman from may be, I believe this legislation can provide In the waning days of the 104th Congress, Illinois [Mr. FAWELL]. a valuable first step toward assuring that only the same bill that we are considering this Mr. FAWELL. Mr. Speaker, I rise qualified individuals are hired as private secu- afternoon was overwhelmingly passed by the today in support of H.R. 103, the Pri- rity officers. House. The Senate simply ran out of time and vate Security Officer Quality Assur- H.R. 103 would accomplish two basic goals. adjourned before they could act on this biparti- ance Act. I believe this legislation will First, it would allow the Attorney General to san bill. So here we are again. help ensure that only qualified individ- establish an association of private security Mr. Speaker, the public deserves the assur- uals are hired as private security offi- guard employers that would, in turn, serve as ance that the security guard they meet in the cers, thereby improving the important a clearinghouse for submitting applicant infor- mall, the bank, or at school is not a felon or public service these individuals pro- mation to the Federal Bureau of Investigation a person who has a history of violent behav- vide. for purposes of doing individual background ior. Virtually every year the press reports on H.R. 103 is not broad in scope. It checks. This would help ensure that both the tragedies which occur when inadequate back- seeks modest changes that would sim- States and employers would more quickly re- ground checks are madeÐtragedies that in- ply expedite the process by which ceive important background information con- volve security guards who commit murder, States and employers can check the cerning individuals seeking to become private rape, and theft. backgrounds of individuals applying security officers. Second, the bill includes a There are now thousands of security com- for private security jobs. sense of the Congress that simply says that panies employing close to 1.8 million guards. The bill would accomplish this in two the States should participate in this back- The vast majority of these security guards are basic ways. First, it would allow the ground check system. professionals, many acting heroically in per- Attorney General to establish an asso- I am pleased to note that H.R. 103 reflects forming their duties. However, right now, we ciation of private security guard em- the changes that were made to the bill in the cannot be sure that the security officers that H5860 CONGRESSIONAL RECORD — HOUSE July 28, 1997 we meet in virtually every facet of our lives are fenders only serve on average 48 percent of tack the problem of violent crimes not armed and dangerous. the sentence they received committed by repeat offenders. It re- 2 H.R. 103 will provide an expedited proce- Whereas more than ⁄3 of persons under cor- emphasizes Congress’ support for the rectional supervision are currently on parole principle that individuals who commit dure for State officials to check the back- and not incarcerated; grounds of applicants for guard licenses. A Whereas 1 in 3 offenders admitted to State violent crimes should serve at least 85 similar procedure is in place for the banking prisons were on probation or parole viola- percent of their sentences. It also com- and parimutuel industries. By establishing an tors; mends the States which have enacted expedited procedure for State regulators of se- Whereas the Federal Government elimi- truth-in-sentencing legislation and en- curity guards to receive FBI background nated parole in 1984 and prisoners convicted courages the remaining States to adopt checks, H.R. 103 will greatly improve the safe- of Federal crimes now serve at least 85 per- such legislation. ty of the public. cent of their sentences; Let us remember why we passed Whereas under current Federal law, States truth-in-sentencing legislation in the In some States it can take up to 18 months are eligible for prison construction funds if to complete background checks for security they keep felons in prison for at least 85 per- first place. Members were tired of con- guards. This bill can reduce that time to the cent of their sentence; tinually hearing from frustrated and approximately 3 weeks it takes for banks to Whereas in 1996, at least 25 States, among angry American citizens who knew, or get results under their expedited procedure. them Arizona, California, Connecticut, Dela- were themselves, the victims of violent H.R. 103 contains no mandates of any kind. ware, Florida, Georgia, Illinois, Iowa, Kan- crimes of criminals who already had No State or individual is compelled to use it. sas, Louisiana, Michigan, Minnesota, Mis- violent criminal history records. Con- Fees will be paid by the applicants or their sissippi, Missouri, New York, North Caro- gress recognized 2 years ago that the lina, North Dakota, Ohio, Oregon, Penn- revolving door of justice must be employers. There is no cost to the FBI. sylvania, South Carolina, Tennessee, Utah, H.R. 103 has broad support, most notably Virginia, and Washington, have laws that stopped. Truth-in-sentencing legisla- from the National Association of Security and meet the 85 percent of sentence served re- tion was a response to the small but Investigative Regulators and representatives quirements set forth in the 1994 crime bill; deadly group of criminals who get ar- of the guard, alarm, and armored car indus- and rested, convicted and released back tries. Whereas the National Association of Police into the community before they have Security should not be a partisan issue. I Organizations, the International Chiefs of served even half their sentences. am therefore delighted by the bipartisan sup- Police, the Fraternal Order of Police, the Na- In fact, one of the most astonishing tional Association of Chiefs of Police, the port for this bill, which was so soundly re- cases I have ever heard about: Four National District Attorney’s Association, Milwaukee men were arrested last year flected last September by the House vote for and the Safe Streets Coalition support the the Private Security Officer Quality Assurance concept of an 85 percent minimum length of for a crime spree which included two Act. service for violent criminals: Now, therefore, murders. Between them they had 92 Mr. Speaker, I strongly urge my colleagues be it prior arrests. The charges ranged from to support this straightforward, modest, and Resolved by the House of Representatives (the armed robbery and arson to theft and reasonable bill that will greatly improve public Senate concurring), That it is the sense of battery. In the group one 24-year-old safety. Congress that— man had 51 arrests alone. The police (1) Congress commends Arizona, California, Vote for common sense. Vote for public chief of Milwaukee was frustrated by Connecticut, Delaware, Florida, Georgia, Il- the fact that his department was, as he safety. Vote for H.R. 103. linois, Iowa, Kansas, Louisiana, Michigan, Ms. LOFGREN. Mr. Speaker, I have Minnesota, Mississippi, Missouri, New York, told reporters, ‘‘arresting the same in- no further requests for time, and I North Carolina, North Dakota, Ohio, Oregon, dividuals over and over again.’’ yield back the balance of my time. Pennsylvania, South Carolina, Tennessee, In fiscal year l996, 25 States met the Mr. BARR of Georgia. Mr. Speaker, I Utah, Virginia, and Washington for their ex- requirements for a truth in sentencing have no further requests for time, and isting efforts with respect to prison time grant award under legislation that we I yield back the balance of my time. served by criminal offenders; passed in Congress. According to the (2) Congress encourages all remaining Department of Justice, several more The SPEAKER pro tempore. The States to adopt as quickly as possible legis- question is on the motion offered by States are attempting to pass such lation to increase the time served by violent laws during the current legislative ses- the gentleman from Georgia [Mr. felons; and BARR] that the House suspend the rules (3) with respect to Federal crimes, Con- sion. The fact that so many States and pass the bill, H.R. 103. gress reemphasizes its support for the re- have enacted truth-in-sentencing legis- The question was taken; and (two- quirement that individuals who commit vio- lation since Congress took action in thirds having voted in favor thereof) lent crimes should serve at least 85 percent 1995 demonstrates clearly that incen- the rules were suspended and the bill of their sentence. tive grants in that legislation has was passed. b 1630 worked. Mr. Speaker, let us consider the ac- A motion to reconsider was laid on The SPEAKER pro tempore (Mr. the table. tual use of these funds. A large number GOODLATTE). Pursuant to the rule, the of States have indicated in their fiscal f gentleman from Florida [Mr. MCCOL- year 1997 applications that they are EXPRESSING SENSE OF CONGRESS LUM] and the gentleman from Michigan planning to use some of the grant funds THAT STATES SHOULD WORK [Mr. CONYERS] each will control 20 min- to build or expand juvenile facilities MORE AGGRESSIVELY TO AT- utes. for violent juvenile offenders. In fact, TACK PROBLEM OF REPEAT The Chair recognizes the gentleman four States have indicated that their CRIMINALS from Florida [Mr. MCCOLLUM]. entire grant award will be used for ju- GENERAL LEAVE Mr. MCCOLLUM. Mr. Speaker, I venile facilities. Additionally, at least move to suspend the rules and agree to Mr. MCCOLLUM. Mr. Speaker, I ask 13 States plan to make a portion of the the concurrent resolution (H. Con. Res. unanimous consent that all Members 1997 grant funds available for local jail 75) expressing the sense of the Congress may have 5 legislative days to revise projects. Four other States are explor- that States should work more aggres- and extend their remarks on the bill ing the use of grant funds for privatiza- sively to attack the problem of violent under consideration. tion of correctional facilities. This was crimes committed by repeat offenders The SPEAKER pro tempore. Is there Congress’ clear intention, to allow the and criminals serving abbreviated sen- objection to the request of the gen- States some flexibility in determining tences. tleman from Florida? where and how to spend the money nec- The Clerk read as follows: There was no objection. essary to fight violent crime. Mr. MCCOLLUM. Mr. Speaker, I yield States have responded positively to H. CON. RES. 75 myself such time as I may consume. Congress’ leadership on this issue and Whereas a disturbing number of law-abid- Mr. Speaker, House Concurrent Reso- every citizen has benefited because ing citizens believe they are prisoners in their own homes because of increasing vio- lution 75, introduced by the gentleman more violent criminals remain where lence in our society; from Michigan [Mr. BARCIA], expresses they belong, behind bars. The incen- Whereas law-abiding citizens have the the sense of Congress that States tives grants are effective, and Congress right to be fearful knowing that violence of- should work more aggressively to at- must use every means possible to give July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5861 this message out to those remaining Mr. MCCOLLUM. Mr. Speaker, I have respect for the law but also a dis- States which have not yet passed no further requests for time, but I respect for life. The predator that at- truth-in-sentencing legislation. There know the gentleman from Michigan tempted to end Sherry’s life had in the were about 6 or 7 States that had [Mr. CONYERS] may. 10 months following his early release truth-in-sentencing legislation that re- Mr. CONYERS. Mr. Speaker, I yield 5 committed three sexual batteries, quired at least 85 percent of the time to minutes to my distinguished colleague, armed robbery, two kidnapings and two be served that is given somebody in the the gentleman from Michigan [Mr. first degree murders. That was just in sentence who commits a violent crime BARCIA]. 10 months. before we passed our truth-in-sentenc- Mr. BARCIA. Mr. Speaker, I rise Mr. Speaker, a person with this ing grants, and now we have almost 25, today in support of House Concurrent record should not have been allowed but there are still another 25 or so that Resolution 75, and I want to thank my back on the streets to commit yet an- have not passed such legislation. good friend from Michigan, the distin- other series of heinous crimes. If this The bill of the gentleman from guished gentleman from Detroit [Mr. habitual criminal had remained in cus- Michigan [Mr. BARCIA] expresses the CONYERS] and of course the gentleman tody, two people would be alive today. sense of Congress that all the remain- from Florida [Mr. MCCOLLUM], the very Two people would not be suffering from ing States should adopt as quickly as distinguished chair of the subcommit- the results of the kidnaping, one per- possible legislation to require an in- tee, who has been a strong leader on son would not be terrified of another crease in the time served by violent the issue of victim’s rights in this Con- robbery, three people would not have felons, and I concur completely. Law- gress and previous sessions. His leader- been sexually abused, and a young abiding citizens have the right to feel ship has resulted in a number of suc- woman, Sherry Swanson, would not be safe, and ensuring that violent crimi- cess stories, I think, in our control of partially paralyzed. nals serve at least 85 percent of their violent crime especially, and I want to Numerous studies have already prov- sentences is one very effective way to thank him and the gentleman from Illi- en that longer sentences for those who do it. nois [Mr. HYDE], the full committee repeatedly ignore the law result in Mr. Speaker, I reserve the balance of chair, and the very dedicated staff of safer streets for all of our citizens. Yes, my time. the subcommittee and committee for there are inequities in our judicial sys- Mr. CONYERS. Mr. Speaker, I yield 2 allowing this resolution to come before tem. They must be corrected. But are minutes to the gentlewoman from Cali- the House. we willing to sacrifice the rights of vic- fornia [Ms. LOFGREN], a distinguished The American public is losing con- tims? The victim does not deserve only member of the committee. fidence in our judicial system. When part of their fear or part of their in- Ms. LOFGREN. Mr. Speaker, this res- two-thirds of convicted felons are on olution simply expresses the sense of jury. Why should the violent criminal parole and not incarcerated they have the Congress that violent criminals serve only a small part of their pen- every right to feel that way. When a should face severe penalties for their alty? small group of criminals who are re- We need to send a strong message to behavior. I think the resolution gives sponsible for a majority of the violent the public that we are working hard to us an opportunity to reflect on one of crimes serve substantially abbreviated end the arrogance of criminals who the biggest success stories in memory, sentences, the American public has a which is the huge decrease in the crime know that they will not be punished right to be concerned for their safety. rate, an astonishing 34 percent reduc- for taking a life. We are working hard Mr. Speaker, law abiding citizens de- tion since 1991, and it is continuing to to end the ability of violent criminals fall. I think it is important to realize serve to feel safe, and when we keep to return to the streets after only serv- that there are different elements con- this small but deadly group of crimi- ing one-third of their sentence, to tributing to the falling crime rate. nals incarcerated for appropriate sen- strike again, taking a husband away First and foremost, I think it has tences, our streets are safer for both from a wife, a child from a mother, or been aggressive community based po- our citizens and for police officers as a father from his children. We must licing, the 100,000 new cops on the beat well. It is a commonsense approach to send a strong message to the States program. Second, I agree with the gen- a recurring problem. that not only are the incentives and fi- tleman from Florida [Mr. MCCOLLUM] Since 1984, the Federal Government nancial assistance available, but the that repeat violent offenders do need to has required Federal criminals to serve American public demands safer streets. be kept from their potential victims 85 percent of their terms. In 1994 and Lastly, we must send a strong mes- and that efforts to keep violent crimi- again in 1995, the U.S. House of Rep- sage to criminals that they will not be nals incarcerated for most of their sen- resentatives approved incentives to re- able to return to the streets and that tence have played a role in the falling ward States that passed legislation to the sentence handed down will be the crime rate. keep violent criminals imprisoned for sentence served. We must send a mes- Third, gun control efforts that we at least 85 percent of their sentences. sage that our justice system is not a have enacted, including the Brady bill Any State that reaches that bench- flea market where there is always a and the ban on assault weapons have mark is eligible for Federal funds for bargain to be had. Mr. Speaker, justice done a lot to make our communities prison construction. In 1995, only five is not a commodity for haggling; just safer. Last but not least is the role of States achieved that goal. Today some ask the victims. prevention programs. I would say of 25 States, including my home State of Mr. CONYERS. Mr. Speaker, I yield the four elements of a balanced pro- Michigan, have put into place harsher myself such time as I may consume. gram, it is prevention that has been prison sentences for those citizens who (Mr. CONYERS asked and was given most starved for attention and for re- flagrantly disregard the law and permission to revise and extend his re- sources. The cumulative effect, how- threaten our safety. marks.) ever, of the four balances, community I introduced this resolution 21⁄2 years Mr. CONYERS. Mr. Speaker, we have policing, career repeat violent offend- ago to commend those States who have a problem with this sense-of-the-Con- ers being incarcerated, as well as the adopted longer sentences and to en- gress resolution because most of the gun control, and then, finally, preven- courage the remaining States to more supporters of this are the conservative tion programs has yielded this result. aggressively attack the problem of vio- Members of Congress who came to Con- I thank the gentleman from Michi- lent crime committed by repeat offend- gress talking about States rights, the gan [Mr. BARCIA] for his resolution. I ers and criminals serving abbreviated rights of States to take care of their think it is absolutely appropriate that sentences. own business, and frequently the Fed- we recognize one of the four elements One of my constituents, Sherry eral Government was considered to be on our balanced approach, and I would Swanson, was the victim of a cruel act meddling when it imposed their re- also ask us to reflect that it is not just by a violent repeat offender. Sherry quirements on the States. That is what that one of the four elements, but the was a vibrant 19-year-old with a bright we are continuing to do today. We ask prevention measures and the other future. Her life was drastically altered that States rights be considered on that have helped achieve the success as a result of the actions of a violent welfare matters, on civil rights mat- that we are now starting to achieve. repeat offender who has not only a dis- ters, on the environment; that is what H5862 CONGRESSIONAL RECORD — HOUSE July 28, 1997 my colleagues were saying, I was not think of when I was a State legislator I yield to the gentleman for a re- saying that, and that the States know back in Lansing, in which a person had sponse. best; that is what my colleagues were committed two second degree murders, Mr. BARCIA. Mr. Speaker, I would saying, I was not saying that. And now served 4 years on the first sentence, 8 again emphasize to the distinguished we have this sense-of-the-Congress res- years or about 6 years before he was ranking member of the Committee on olution in which we tell the States paroled to a halfway house in Lansing the Judiciary that, in fact, we are not that we know best. on the second offense, and then also mandating in this resolution nor in the Does anybody care to explain why we continued, and strangled and raped a Federal law that was passed in 1994 have this bifurcated policy when it young lady in east Lansing and killed a that States must do this, but for them comes to criminal matters that all of a police officer. As he was driving her car to consider that. sudden we know better than the States through downtown, he committed a I do not know if we have a total, I who write their own State criminal small traffic infraction, was pulled would say to the gentleman, on what laws, and we who write our own Fed- over by a Lansing police officer, and the effect or what the impact of violent eral criminal laws, we are not telling was shot. The corrections department crime is across the country, if we were the States that they ought to shape up in that case had paroled him a bit ear- ever to total up the cost. But in the and join the other 16 States and abolish lier. By mistake, the computer had case of Ms. Sherry Swanson, who is parole. credited him with too much good time. now 28 years old, and she was shot Why? But I was a member of the State sen- twice in the head when she was 20 years OK, silence. ate when that family brought a lawsuit old working at a convenience store dur- Mr. BARCIA. Mr. Speaker, would the against the Michigan Department of ing a robbery attempt, and I know that gentleman yield? Corrections because of their losses, and her medical bills exceeded $1 million, Mr. CONYERS. I yield to the gen- the losses in two families could have plus her life has been forever changed. So yes, $800 million is a significant tleman from Michigan [Mr. BARCIA]. been prevented had he been incarcer- Mr. BARCIA. Mr. Speaker, I would ated for the full length of his sentence. amount of money, and of course, as the just respond to the gentleman from Mr. CONYERS. I would ask the gen- gentleman knows, and the gentleman Michigan’s concerns and say that of tleman, Mr. Speaker, is that a reason noted, I am a supporter of the balanced course the Congress cannot mandate to to eliminate parole for everybody in budget amendment and balancing our the States increases in the length of the State of Michigan? I yield to the spending with our revenues in the Fed- sentences for violent predators, how- gentleman for a response. eral Government. I think we, as policy- makers in this body, must make tough ever the concept, of course, due to the Mr. BARCIA. Mr. Speaker, I do not decisions on how we apportion out leadership of the gentleman from Flor- believe it totally eliminates parole. It those limited resources that we have ida [Mr. MCCOLLUM] and others, the says if you receive a determined num- and certainly decide the priorities in gentleman from Illinois [Mr. HYDE] in ber of years as your sentence, you shall terms of Federal spending. But I think the House of Representatives who were serve 85 percent of that. In other words, violent criminals who are in and out of advocates on behalf of victims rights if you receive a 10-year sentence, you prison and hurting our fellow citizens saw legislation incorporated into the should serve 81⁄2 years before you are are worthy of our attention and our re- Omnibus Crime Bill of 1994, which paroled back on the streets. Mr. CONYERS. Has the gentleman sources. many of us supported, which in fact Mr. CONYERS. I thank the gen- examined what criminal justice au- would reward States with financial in- tleman, Mr. Speaker. Those are legiti- thorities say about this kind of draco- centives if, in fact, they would agree to mate sentiments that are held by many nian addition of time to people who are keep their violent criminals, not all in this body. criminals, but violent criminals, those incarcerated who may be Could I ask my dear friend, the gen- who cause a serious threat to the pub- rehabilitatable, and that this works in tleman from Michigan, and we are lic and to innocent citizens. a very onerous way upon people who, as friends, and this is a friendly discus- Mr. CONYERS. But how is it we the gentleman may know, are receiving sion, does he believe that we should knew better what they should do with longer and longer sentences than ever continue to deprive judges of the dis- their State criminals than they did? before? cretion necessary to fashion criminal In other words, it may be considered b 1645 sentences in individual cases appro- counterproductive to the very thing priate to the persons standing before Mr. BARCIA. Mr. Speaker, I think in that the gentleman is trying to accom- them in the court? some cases, I would say to the gen- plish. This includes the concept of I yield to the gentleman for his com- tleman from Michigan [Mr. CONYERS], three-strikes-and-you-are-out, which is ments. it was a condition where severe finan- another throw-the-baby-out-with-the- Mr. BARCIA. I thank the gentleman cial pressures at the State level al- bath-water situation. for continuing to yield to me, Mr. lowed for overcrowding of the prison We are paying States to go along Speaker. system without adequate facilities to with us, and now the gentleman is Mr. Speaker, I would say that, as a house all of those people who were sen- passing a sense-of-the-Congress resolu- State legislator, I have supported de- tenced to terms in prison. So some tion asking the States that have not terminant sentencing with a number of States were actually paroling violent jumped in on the cash-flow, which, by years prescribed for a type of crime criminals after serving only 20 or 25 the way, is $800 million so far, and I that is committed. However, I am very percent of their sentence, and these know the gentleman is concerned respectful of the ability for a member criminals were going out and engaging about balancing the budget, but we of the judiciary to mete out a sentence in repeat behavior, again causing great have to fight crime at all costs. that is fair and to take into account all trauma and violence to other citizens Does the gentleman have a little con- the circumstances of a particular that might not have been exposed had cern that maybe all of these imposi- crime. they not been paroled early in the first tions of more and more time, manda- Mr. CONYERS. I thank the gen- place. tory minimums, 85 percent, we pay tleman. Mr. CONYERS. That was not going people, States, hundreds of millions of Mr. Speaker, is the gentleman aware on in Michigan, and the gentleman dollars to build more facilities, since that in the three strikes legislation in knows it. So why did the gentleman they cannot afford it anymore them- California, in particular, it has clogged persuade Governor Engler of Michigan, selves, we have three-strikes-and-you- the courts, the processes, so much that who does not know particularly much are-out at the Federal level, three- neither the prosecutors nor the defense about criminal law at the State or Fed- strikes-and-you-are-out at the State lawyers bother with it anymore, be- eral level, to do something like this? level, does the gentleman not have any cause employing it makes it absolutely Mr. BARCIA. Mr. Speaker, we did sense that maybe we could be more ef- unworkable? Does the gentleman have have several instances in Michigan, I ficient and effective in reducing crime any knowledge on that? would say to the gentleman from than just piling on sentence upon sen- Mr. BARCIA. Yes. I do not have any Michigan [Mr. CONYERS], one that I can tence upon sentence? knowledge on how the three-strikes- July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5863 and-you-are-out language is impacting Mr. BARCIA. Yes, I am. grant programs out there, that there be across the country, but I have gen- Mr. CONYERS. If the gentleman had a wide variety of discretion at the local erally supported that, especially for known that I had voted against the and State level, preferably in the form violent crimes. crime bill of 1994, would that have of block grants or very limited tar- I know we saw some instances, I slowed down the gentleman’s enthu- geted grants. think, of a minor theft out in Oregon siasm for anything we have done or This truth-in-sentencing law we or the State of Washington, I cannot said here today? passed in 1994 and revised after our remember which, in which a person I yield to the gentleman for a re- party took over the majority is shaped stole a slice of pizza and was pros- sponse. in such a fashion that it allows maxi- ecuted under that law. I think in that Mr. BARCIA. I have to correct my- mum flexibility to the States to pro- case probably the prosecutors were self. I was mistaken. I know the gen- vide for how they spend the money in overzealous and should be allowed dis- tleman is a strong supporter of gun prison construction, if they choose to cretion in terms of their judgment as control, and I assumed that with the apply for it. They can build some jails to which of those offenses to pursue on strong gun control provisions in the with it at the local level, they can the three-strikes-and-you-are-out pro- 1994 bill—— build juvenile facilities, they can build vision. Mr. CONYERS. Was the gentleman major State prisons with it. But, of course, not being a member of not? The States, all States, are eligible the Committee on the Judiciary, I do Mr. BARCIA. Pardon me? for half the grant money, half the $400 Mr. CONYERS. I said, was the gen- not profess to be an expert on the spe- million that has been appropriated tleman not? cific language that has been adopted by each year, but those States which actu- Mr. BARCIA. Mr. Speaker, I would this House and Senate and signed by ally enact truth-in-sentencing laws say to the gentleman, I voted for the our President in an attempt to get a that require at least 85 percent of a first version but not the final version. greater grasp of crime in this country. violent felon’s sentence to be served Mr. CONYERS. I appreciate the gen- Mr. CONYERS. The gentleman voted against the crime bill of 1994, too? are eligible for the other half that has tleman’s knowledge on the subject so been put aside. I think that makes emi- far. He is doing pretty well, better Mr. BARCIA. Yes. We agreed on that issue in the final analysis, but probably nent sense. I do not think that is in than, I will not say than some people any way inconsistent with the philoso- on Judiciary, but he is holding his own for different reasons. Mr. CONYERS. I thank the gen- phy that most of us have expressed in very, very well. devolving as much power as possible to What if the gentleman found out that tleman for his colloquy with me. It has the States. the three strikes provision does not been very helpful. This resolution today that expresses carry any discretion, and that little in- Mr. Speaker, I hope that the States the sense of the Congress is the right of cident that you talked about, and I that have not jumped on the band- free speech. We are not telling the have some more in which the third of- wagon requiring that offenders serve at fense being a violent offense, that is it, least 85 percent of their sentence pay States to do anything. We are simply for the rest of your natural life? Does very close attention to House Concur- saying, as legislators looking at this that, or is that something we might rent Resolution 75, which rereminds matter, as the gentleman from Michi- want to go back and hold hearings on, them that they are really missing out; gan [Mr. BARCIA] so ably pointed out, for example, to see if it might be cor- if they would join in, they could be get- we think it would be a good idea if they rected? ting Federal money, if they would only take another look. If they have not be- I yield to the gentleman from Michi- listen to us a little bit more. We can- come eligible or not applied for the sec- gan for a response. not make the States impose these sen- ond half of the grant programs for Mr. BARCIA. Of course, I do not want tences. building prisons and jails in their to second-guess our leadership, neither Mr. McCOLLUM. Mr. Speaker, I yield State, it does require as a form of eligi- the gentleman’s nor the distinguished myself such time as I may consume. bility that they impose an 85-percent chair’s and subcommittee chair’s, on Mr. Speaker, I simply want to re- service time that violent felons serve that very distinguished committee in spond very, very briefly. I will not take on violent felons, and that they do so this House. But it would be my impres- the chair’s time or the Members’ time because it makes good sense for public sion as a layperson, not being a grad- very long. A couple of points the gen- safety. No, we do not know best, but we uate of law school, that there ought to tleman from Michigan [Mr. CONYERS] hope they will join us in that com- be discretion between misdemeanors made I feel deserve a little response. ment. and felonies on the three-strikes-and- One of them is with respect to the The last I would point out on the you-are-out. That may be an issue we truth-in-sentencing legislation, to three-strikes-and-you-are-out, at least will revisit at some point in the future. begin with. It was designed to provide at the Federal level, the three strikes But I can tell the Members that this a reward in part to those States that requirement, in order to get a life sen- resolution involves truth-in-sentenc- chose to, by their own voluntary com- tence mandated, requires there be two ing, and I know my good friend, the mitment, make this 85-percent rule im- underlying violent or serious drug of- gentleman from Michigan, Mr. CON- posed upon those who commit violent fenses committed either at the State or YERS, supported that crime bill here in crimes in their State, to make sure Federal level. they serve at least 85 percent of their the House, which contained the same b 1700 provision for Federal offenses. sentence. It was not anything manda- What we are trying to do is see the tory. The third one has to be a violent Fed- same treatment of violent offenders at What Members of the Republican eral crime. Then you go away for life. the State level, because many of the party on this side of the aisle have I think most of us in this body have truly violent crimes, such as rape and complained about over the years, in supported that. California is a little homicide, unless there are extenuating particular, are mandates on the States, different, and debating California law, circumstances, they are in fact infrac- unfunded mandates in particular, that I do not see the merits of in this bill. tions of State law and not Federal law. have been involved in a lot of legisla- I think this resolution is a sound one, That is why we are attempting to pass tion that past Congresses have enacted. as I said before. I urge its adoption. this resolution. We have not complained about incen- Mrs. KELLY. Mr. Speaker, I rise today in Mr. CONYERS. I thank the gen- tive grants, per se. We have been very strong support for the passage of House Con- tleman very much, because he has been concerned about the multiplicity of current Resolution 75, a concurrent resolution very helpful. grant awards that are out there that expressing the sense of Congress regarding Mr. Speaker, this is the gentleman’s say, you can only get x dollars if you States' efforts against repeat criminals. I was House concurrent resolution on truth apply in the prevention area for crime pleased to join my friend and colleague, Con- in sentencing, is that correct, I would for this program or that program or gressman BARCIA, in introducing this bill be- ask the gentleman? The gentleman is the other program. cause it highlights one of the most dramatic the author of this sense-of-the-Con- We have insisted that where there is problems in our Nation's war on crimeÐname- gress? Federal money involved and there are ly it is estimated that 80 percent of all violent H5864 CONGRESSIONAL RECORD — HOUSE July 28, 1997 crime committed in the United States is com- to serve at least 85 percent of their prison bill (H.R. 1109) to amend the Immigra- mitted by only 7 percent of the population. terms. Unfortunately, 25 States still have not tion and Nationality Technical Correc- That is a very telling statistic that sheds some adopted such laws. tions Act of 1994 to eliminate the spe- light on the problem of crime in the United Law-abiding citizens have the right to know cial transition rule for issuance of a States. that those who commit the most hideous of certificate of citizenship for certain In the last 20 years, we have seen the war crimes in our society serve the time their sen- children born outside the United on crime take on new and ominous propor- tences require. States. tions with an innovative criminal element de- The resolution before us today is simple. It The Clerk read as follows: vising new and ever more violent crimes such asks that those who commit violent crimes do H.R. 1109 as with carjackings and drive by shootings. the time that the law requires of them. I wish Be it enacted by the Senate and House of Rep- How do we battle that 7 percent of the popu- there was not a need for this type of resolu- resentatives of the United States of America in lation to ensure our safety? One of the best tion, but until then, I hope all my colleagues Congress assembled, ways is to guarantee that the criminals who vote to encourage States to do the right thing. SECTION 1. ELIMINATION OF CERTIFICATE OF Mr. DAVIS of Florida. Mr. Speaker, I rise in CITIZENSHIP TRANSITION RULE AP- repeatedly commit violent crimes serve at strong support of House Concurrent Resolu- PLICABLE TO CERTAIN CHILDREN. least 85 percent of their sentences as House tion 75, which expresses the Sense of the (a) IN GENERAL.—Section 102 of the Immi- Concurrent Resolution 75 states in no uncer- Congress that States should work aggres- gration and Nationality Technical Correc- tain terms. tions Act of 1994 (Public Law 103–416; 108 sively to ensure that violent offenders serve at In my home State of New York, we have Stat. 4307) (as amended by section 671(b) of least 85 percent of their prison sentences. As had some of the worst reports of a criminal the Illegal Immigration Reform and Immi- a cosponsor of this legislation, I commend the element at work, and only in recent years, we grant Responsibility Act of 1996 (Public Law gentleman from Michigan, [Mr. BARCIA], for have been able to see a reduction in our 104–208; 110 Stat. 3009–1856)) is amended by this hard work and leadership on this issue striking subsection (e). crime rate through community policing and a and ask all my colleagues to support this im- (b) EFFECTIVE DATE.—The amendment get tough approach on lesser crimes. While it portant resolution. made by subsection (a) shall take effect as if sounds troublesome and tedious to have the Although the most recent statistics on vio- included in the enactment of the Immigra- police crack down on petty crimes, the recent lent crime indicate that we are beginning to tion and Nationality Technical Corrections case of John Royster demonstrates the value make progress in our fight for safer neighbor- Act of 1994. of this practice. Mr. Royster was arrested by hoods, we must remain vigilant in our efforts The SPEAKER pro tempore. Pursu- police and fingerprinted for jumping a New to ensure public safety and recognize the ant to the rule, the gentleman from York subway turnstile. It was his only recorded achievements of States such as Florida which Florida [Mr. MCCOLLUM] and the gen- offense. Three months later, the same prints have taken strong steps to attack the problem tlewoman from California [Ms. were reportedly found to match those at a dry- of repeat violent offenders. Only with contin- LOFGREN], each will control 20 minutes. cleaning business on Park Avenue where the ued cooperation between Federal, State, and The Chair recognizes the gentleman owners had been beaten to death. It was be- local officials can we hope to maintain the from Florida [Mr. MCCOLLUM]. cause of this match that Mr. Royster con- downward trend in violent crime rates. GENERAL LEAVE fessed to four brutal attacks including a highly This resolution commends Florida and 24 Mr. MCCOLLUM. Mr. Speaker, I ask publicized attack in Central Park that left a other States which have taken steps to ensure unanimous consent that all Members woman in a coma. Now the next step for Mr. that violent felons serve at least 85 percent of may have 5 legislative days to revise Royster is punishmentÐhard time in a State their prison sentences. Nationwide, violent of- and extend their remarks on the bill penitentiary. I will work with my colleagues, fenders serve an average of only 48 percent under consideration. both here and in the New York State House, of the sentences they receiveÐa statistic The SPEAKER pro tempore. Is there to make sure that Royster stays in prison. which is unacceptable and greatly erodes objection to the request of the gen- Putting away violent, repeat offenders like Americans' confidence in our justice system. tleman from Florida? John Royster is essential if we are to make House Concurrent Resolution 75 applauds There was no objection. successful inroads lowering crime and those States which have taken proactive steps Mr. MCCOLLUM. Mr. Speaker, I yield strengthening our communities. I thank Con- to prevent the problem of repeat violent of- myself such time as I may consume. I rise in support of H.R. 1109, which I gressman BARCIA for his work on this problem fenders and encourages other States to follow introduced with my colleague, the gen- and ask for all of my colleagues, from both their lead in enacting strict sentencing guide- tleman from California [Mr. BERMAN], sides of the aisle, to join us in strong support lines. While guidelines alone will not solve our to correct an error that was part of last for this important resolution. Nation's crime problem, they have proven an year’s immigration bill, the Illegal Im- Mr. LEVIN. Mr. Speaker, I rise in strong effective tool in ensuring that violent felons re- migration Reform and Immigrant Re- support of House Concurrent Resolution 75 of main off our streets. which I am an original sponsor. This important Mr. Speaker, I applaud the efforts of those sponsibility Act. legislation commends those States that have States listed in this legislation, including my H.R. 1109 would make a technical already adopted truth-in-sentencing laws and home State of Florida, and urge all of my col- change regarding requirements for citi- encourages the remaining States to do the leagues to support this important resolution zenship for people born overseas. I want to say that I am particularly same. which recommits this Congress to the fight for appreciative of the gentleman from Most Americans believe that convicted vio- safer communities. lent offenders serve their full sentences; sadly Mr. MCCOLLUM. Mr. Speaker, I yield Texas [Mr. SMITH], who is the chairman this is not the case. back the balance of my time. of the Subcommittee on Immigration According to the Bureau of Justice statistics, The SPEAKER pro tempore (Mr. and Claims, that deals with this prod- violent criminalsÐthose who commit murder, LAHOOD). The question is on the mo- uct, for bringing it forward and rec- rape, assault, or armed robberyÐserve only tion offered by the gentleman from ognizing the fact that we need it today. an average of 48 percent of their sentences, Florida [Mr. MCCOLLUM] that the Unfortunately his commitments kept and one out of every three offenders admitted House suspend the rules and agree to him from being here to be a party to to State prisons were either on probation or the concurrent resolution, House Con- this discussion. I am very happy to parole for a previous offense at the time. Ac- current Resolution 75. handle it for him today. cording to the committee report accompanying The question was taken. The gentleman from California [Mr. this bill, on any given day there are three con- Mr. CONYERS. Mr. Speaker, on that BERMAN] and I had the pleasure of victed offenders on probation or paroles for I demand the yeas and nays. working together in 1994 on this issue. The yeas and nays were ordered. The Immigration and Nationality every one convicted felon in prison. The SPEAKER pro tempore. Pursu- To turn this trend around over 25 States, in- Technical Corrections Act of 1994 ant to clause 5 of rule I and the Chair’s granted Americans abroad the possibil- cluding my home State of Michigan, and the prior announcement, further proceed- Federal Government have truth-in-sentencing ity of obtaining U.S. citizenship for ings on this motion will be postponed. their minor children who had not ac- laws on the books. Under this concept, con- f victed violent offenders are required to serve quired citizenship at birth. It allows at least 85 percent of their sentences. AMENDING THE IMMIGRATION certificates of citizenship to be granted Both the 103d and 104th Congresses AND NATIONALITY TECHNICAL to a child of a U.S. citizen if the child passed legislation providing financial incen- CORRECTIONS ACT OF 1994 is under 18 and if either the American tives in the form of prison construction funds Mr. MCCOLLUM. Mr. Speaker, I parent or the American parent’s par- to States if they adopt laws requiring criminals move to suspend the rules and pass the ent, that is, the American grandparent, July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5865 has spent 5 years in the United States partisan basis we object to. I think it is tions Act of 1994 to eliminate the spe- with two of those five being after the one example again of how haste in cial transition rule for issuance of a age of 14. these matters can end up producing certificate of citizenship for certain There were no policy problems bills that have consequences no one children born outside the United brought before Congress with regard to wanted. I would urge adoption of this States, and ask for its immediate con- this. However, the immigration bill in measure as a sensible revision for what sideration. the last Congress included a change in I think was a mistake made in the last The Clerk read the title of the Senate this policy buried in the technical cor- Congress. bill. rections part of the bill. This was most Mr. BERMAN. Mr. Speaker, I rise in support The SPEAKER pro tempore. Is there likely an innocent attempt to clean up of H.R. 1109 which Mr. MCCOLLUM of Florida objection to the request of the gen- an admittedly complicated statute, but and I introduced on March 18th, 1997. This bill tleman from Florida? this cosmetic change is doing harm. is a technical correction of the Illegal Immigra- Ms. LOFGREN. Reserving the right The change doubles the amount of time tion Reform and Immigrant Responsibility Act to object, Mr. Speaker, I shall not ob- the parent or grandparent must have (IIRIRA) of 1996 (Public Law 104±208). Let ject, and I yield to the gentleman from been in the United States for children me explain the history behind this legislation. Florida [Mr. MCCOLLUM] to explain the born before November 14, 1986. That Section 322 of the Immigration and Nation- purpose of the request. means for children between 11 and 18, ality Act (INA) establishes the criteria for citi- Mr. McCOLLUM. Mr. Speaker, the the parent and grandparent must have zenship of children born to U.S. citizens living purpose of the request is to cull out the 10 years in the United States with 5 abroad. Prior to 1986, for a U.S. citizen parent identical Senate bill to the bill we just after the age of 14. Children born after to transmit U.S. citizenship to his or her for- passed, which is H.R. 1109, and pass it November 14, 1986 are under the old 5 eign-born or adopted child (before eighteen so the legislation may go directly to and 2 rule. years of age), the American parent or grand- the President after today. It is the There is no need for the distinction. parent had to have lived in the U.S. for 10 identical bill. It just has a different Not only is this unfair to many fami- years, 5 of which had to be after age fourteen. Senate number on it instead of the lies who may have one child eligible for The Immigration Reform and Control Act of House number. citizenship and another who is not, but 1986 (IRCA) amended these requirements to Ms. LOFGREN. Mr. Speaker, con- it is also an administrative nightmare five years of U.S. residency, two after the age tinuing my reservation of objection, I for the Immigration and Naturaliza- of fourteen. Because the change in IRCA ap- will not object. I just wanted Members tion Service. The correction included plied prospectively, some families had siblings of the House to understand what we are in H.R. 1109 needs to be enacted as soon subjected to different standards. Hence, sec- doing here. as possible to make the situation right. tion 102 of the Immigration and National Tech- Mr. Speaker, I withdraw my reserva- The legislation has bipartisan support. nical Corrections Act of 1994 (Public Law tion of objection. I strongly urge an aye vote on it. 103±416) was introduced to amend Section The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of 322 of the INA and apply these lower stand- objection to the request of the gen- my time. ards retroactively. tleman from Florida? Ms. LOFGREN. Mr. Speaker, I yield IIRIRA amended Section 322 by placing a There was no objection. myself such time as I may consume. special restriction on children born before No- The Clerk read the Senate bill, as fol- H.R. 1109 is a technical amendment vember 14, 1986. For those children to be eli- lows: bill introduced by the gentleman from gible for U.S. citizenship, the American parent S. 670 Florida [Mr. MCCOLLUM] and the gen- or grandparent was once again required to Be it enacted by the Senate and House of Rep- tleman from California [Mr. BERMAN]. I have been physically present in the U.S. for a resentatives of the United States of America in understand that the Senate recently total of ten years, at least five of which were Congress assembled, passed S. 670, which is an identical after the age fourteen. SECTION 1. ELIMINATION OF CERTIFICATE OF piece of legislation, and that we will be CITIZENSHIP TRANSITION RULE AP- IIRIRA has inadvertently created the same PLICABLE TO CERTAIN CHILDREN. calling up S. 670 at the end of our de- problem that the 1994 amendment to the INA (a) IN GENERAL.—Section 102 of the Immi- bate on H.R. 1109 so that the legislation was designed to cure, as siblings may once gration and Nationality Technical Correc- may go directly to the President when again find themselves subjected to different tions Act of 1994 (Public Law 103–416; 108 and if it passes. standards. The enactment of H.R. 1109 will Stat. 4307) (as amended by section 671(b) of Section 322 of the Immigration and simply repeal this error and restore Section the Illegal Immigration Reform and Immi- Nationality Act was amended last year 322 to its pre-IIRIRA status. The bill will also grant Responsibility Act of 1996 (Public Law to make it more difficult for certain eliminate the extensive administrative confu- 104–208; 110 Stat. 3009–1856)) is amended by striking subsection (e). children of U.S. citizens living abroad sion created by last year's immigration bill. to receive certificates of citizenship. (b) EFFECTIVE DATE.—The amendment There is no opposition to this legislation. I made by subsection (a) shall take effect as if Section 322 previously provided that a hope we can give favorable consideration to included in the enactment of the Immigra- foreign born or adopted child of an this technical correction of IIRIRA and I urge tion and Nationality Technical Corrections American living abroad was eligible to my colleagues to support it. Act of 1994. receive a certificate of U.S. citizenship Ms. LOFGREN. Mr. Speaker, I yield The Senate bill was ordered to be if he or she was under 18 years old and back the balance of my time. read a third time, was read the third had an American parent or grand- Mr. MCCOLLUM. Mr. Speaker, I have time, and passed, and a motion to re- parent who spent a total of 5 years in no further requests for time, and I consider was laid on the table. the United States, at least 2 of which yield back the balance of my time. A similar House bill (H.R. 1109) was were after age 14. The SPEAKER pro tempore. The laid on the table. The amendment, placed a special re- question is on the motion offered by f striction on children born before No- the gentleman from Florida [Mr. vember 14, 1986. For those children to MCCOLLUM] that the House suspend the EXPANDED WAR CRIMES ACT OF be eligible to receive a certificate of rules and pass the bill, H.R. 1109. 1997 U.S. citizenship, the American parents The question was taken; and (two- Mr. JENKINS. Mr. Speaker, I move or grandparents are required to have thirds having voted in favor thereof) to suspend the rules and pass the bill been physically present in the United the rules were suspended and the bill (H.R. 1348) to amend title 18, United States for a total of 10 years, at least 5 was passed. States Code, relating to war crimes. of which were after age 14. A motion to reconsider was laid on The Clerk read as follows: Unfortunately, last year’s conference the table. H.R. 1348 committee meetings were closed. I Mr. MCCOLLUM. Mr. Speaker, I ask Be it enacted by the Senate and House of Rep- have not been able to find anybody who unanimous consent that the Commit- resentatives of the United States of America in can fully explain how this change came tee on the Judiciary be discharged Congress assembled, about or why it came about. It cer- from further consideration of the Sen- SECTION 1. SHORT TITLE. tainly does impose burdens on Ameri- ate bill (S. 670) to amend the Immigra- This Act may be cited as the ‘‘Expanded cans that are unwise and that on a bi- tion and Nationality Technical Correc- War Crimes Act of 1997’’. H5866 CONGRESSIONAL RECORD — HOUSE July 28, 1997 SEC. 2. DEFINITION OF WAR CRIMES. Immigration and Claims Subcommit- of the aisle for this bill, there are those Section 2441 of title 18, United States Code, tee held last Congress, the State De- in this House who on principle oppose is amended— (1) in subsection (a), by striking ‘‘grave partment and noted scholars of inter- the death penalty. I am not among breach of the Geneva Conventions’’ and in- national law urged that we modify the those Members but I do respect those serting ‘‘war crime’’; Jones bill by expanding the criminal- whose religious beliefs have led them (2) in subsection (b), by striking ‘‘breach’’ ization of war crimes to cover a num- to the conclusion that they cannot sup- each place it appears and inserting ‘‘war ber of other offenses. That is what the port the death penalty. I think that we crime’’; and present Jones bill, H.R. 1348, does. ought to respect those differences of (3) so that subsection (c) reads as follows: As recommended by the State De- ‘‘(c) DEFINITION.—As used in this section opinion among us and also understand the term ‘war crime’ means any conduct— partment, H.R. 1348 would expand sec- that even those who feel that the death ‘‘(1) defined as a grave breach in any of the tion 2441 to cover violations of common penalty is an inappropriate sanction international conventions signed at Geneva article 3 of the Geneva Conventions because of their own religious beliefs 12 August 1949, or any protocol to such con- and articles 23, 25, 27, and 28 of the still do condemn war crimes and still vention to which the United States is a Hague Convention of 1907 Respecting do believe that we ought to do our very party; the Laws and Customs of War. The best to oppose crimes against human- ‘‘(2) prohibited by Articles 23, 25, 27, or 28 United States is a signatory to all of the Annex to the Hague Convention IV, ity and war crimes throughout the Respecting the Laws and Customs of War on those conventions. world. Land, signed 18 October 1907; These provisions forbid atrocities oc- Mr. JENKINS. Mr. Speaker, I yield ‘‘(3) which constitutes a violation of com- curring in both civil wars and wars be- such time as he may consume to the mon Article 3 of the international conven- tween nations. They cover atrocities gentleman from North Carolina [Mr. tions signed at Geneva 12 August 1949, or any that have been recognized by the civ- JONES], sponsor of this legislation. protocol to such convention to which the ilized world as abhorrent such as the Mr. JONES. Mr. Speaker, I would United States is a party and which deals torture or murder of civilians and pris- like to take a moment to thank the with non-international armed conflict; or oners of war, the use of weapons that ‘‘(4) of a person who, in relation to an gentleman from Texas [Mr. SMITH] and armed conflict and contrary to the provi- cause unnecessary suffering, the bom- his committee members and their staff sions of the Protocol on Prohibitions or Re- bardment of undefended towns, the un- for their work and efforts to bring this strictions on the Use of Mines, Booby-Traps necessary bombardment of hospitals or important legislation to the floor of and Other Devices as amended at Geneva on religious structures and the pillaging the House. 3 May 1996 (Protocol II as amended on 3 May of towns. Last year this body passed the origi- 1996), when the United States is a party to Also, H.R. 1348 would expand section nal War Crimes Act of 1996. It was such Protocol, willfully kills or causes seri- 2441 to cover other offenses at such quickly considered by the Senate and ous injury to civilians.’’. time in the future that the United signed into law. The bill enhanced U.S. The SPEAKER pro tempore. Pursu- States ratifies the underlying treaties. authority to prosecute certain war ant to the rule, the gentleman from These would include certain violations crimes and further U.S. implementa- Tennessee [Mr. JENKINS] and the gen- of the Protocol on Prohibitions or Re- tion of the 1949 Geneva Convention. tleman from Michigan [Mr. CONYERS], strictions on the Use of Mines, Booby- each will control 20 minutes. Traps and other Devices, currently be- b 1715 The Chair recognizes the gentleman fore the Senate. It was an important time in United from Tennessee [Mr. JENKINS]. Violations would include the willful States history as we finally gave our GENERAL LEAVE killing or serious injuring of civilians men and women in uniform serving our Mr. JENKINS. Mr. Speaker, I ask as a result of the deployment of land country overseas the protection of the unanimous consent that all Members mines in civilian areas with no mili- United States judicial system. While may have 5 legislative days in which to tary justification or the booby-trap- the passage of the original war crimes revise and extend their remarks on the ping of wounded or dead soldiers or of bill was a significant step for the Unit- bill under consideration. medical supplies. ed States in the protection of victims The SPEAKER pro tempore. Is there I urge my colleagues to support this of war, today we have another oppor- objection to the request of the gen- legislation. tunity to make an equally important tleman from Tennessee? Mr. Speaker, I reserve the balance of step. There was no objection. my time. Mr. JENKINS. Mr. Speaker, I yield Mr. CONYERS. Mr. Speaker, I yield 3 This bill which is before the House myself such time as I may consume. minutes to the gentlewoman from Cali- today reaches beyond the grave Mr. Speaker, last year the House fornia [Ms. LOFGREN]. breaches of the Geneva Convention. passed and President Clinton signed Ms. LOFGREN. Mr. Speaker, I rise in Specifically, H.R. 1348 expands the defi- into law our colleague’s, the gentleman support of H.R. 1348, the Expanded War nition of war crimes to include a more from North Carolina [Mr. JONES], War Crimes Act of 1997. This is a companion general category of war crimes, to in- Crimes Act of 1996. bill to legislation passed last year es- clude important sections of the fourth That bill fulfilled the obligation the tablishing Federal jurisdiction over Hague Convention respecting laws and United States undertook in 1955 when war crimes. customs of war and land; Common Ar- the Senate ratified the Geneva Conven- I think that every Member of this ticle 3 of the Geneva Convention deal- tions for the Protection of Victims of body agrees that we must actively and ing with noninternational armed con- War. The Conventions require that sig- aggressively support civility, that we flict; and Protocol II on landmines. natory countries enact legislation pun- must oppose oppression and war crimes This expansion will allow U.S. courts ishing grave breaches of the Conven- and that we need to bring those to jus- to fully protect victims of war by in- tions. tice who commit crimes against hu- cluding these additional conventions The Jones bill created a new section manity. During the Holocaust, the kill- and protocols which the United States 2441 of title 18. The section provides ing fields of Cambodia, the civil war in has signed. that the perpetrator of a grave breach Bosnia and the massacres in Rwanda, Mr. Speaker, it is important to note of the Geneva Conventions taking many perpetrators acted without fear that President Clinton called for Con- place inside or outside the United of retribution, and we must do more to gress to further strengthen the law in States shall be fined, imprisoned or, change this attitude. this area by enacting the very expan- where death results, subject to the pen- This bill expands the definition of sion proposed in this bill before us alty of death. war crimes to include violations of any today. In fact, the Department of De- The section grants jurisdiction to convention signed by the United fense, the State Department, the De- Federal courts where the perpetrator States, including the Hague Conven- partment of Justice and the American or the victim is a member of the armed tion, an important source of inter- Red Cross have also voiced their sup- forces of the United States or a na- national humanitarian law, and I urge port for this expansion of the original tional of the United States. support of this legislation. War Crimes Act of 1996. Today we are considering the Jones I would like to note that, although Mr. Speaker, this is a strong biparti- followup legislation. At a hearing the there was strong support on both sides san bill which will rectify the existing July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5867 discrepancies between our Nation’s in- broadening the scope of the death pen- ecuted, oppressed over there in their tolerance for war crimes and our in- alty. That is our only problem with very troubled situation. The war ability to prosecute all war criminals. this legislation. And so a number of us crimes against Africans in an inter- Again, I would like to thank the gen- on the Committee on the Judiciary national context seem to be less press- tleman from Illinois [Mr. HYDE], chair- have opposed it and we continue to op- ing than the war crimes against Euro- man of the Committee on the Judici- pose it. peans. I am not trying to extrapolate ary, and the Members on both sides of Why do we oppose it? Well, because in generalities, but there is a stunning the aisle for their support. This bill is the death penalty is frequently applied similarity about how the death penalty supported by the President of the Unit- racially; race plays a role in the impo- is imposed, even in the international ed States, and over 50 Members of the sition of the death penalty, according arena as well as domestically. House have signed this bill. I urge my to the studies that we keep looking at Now, here is question number three fellow Members to support this impor- year in and year out. It has been like for my conservative friends in the Con- tant bill and pass H.R. 1348. that for a long time. gress. How many of my colleagues Mr. CONYERS. Mr. Speaker, I yield So it is because of that, for some of would like to be allied with Cuba, myself such time as I may consume. us. Some people would probably oppose Syria, Iraq, Iran, China and Libya? Let (Mr. CONYERS asked and was given the death penalty even if it were not us raise our hands. Not all at once. permission to revise and extend his re- racially discriminatory. But that is the The only issue that binds us, the marks.) big hangup inside the United States United States, to Cuba, Syria, Iraq, Mr. CONYERS. Mr. Speaker, with the where the death penalty is law and in Iran, China and Libya is that we are conservatives in the House reminding certain instances and in certain places. the only nations that impose the death me that the President supports this We oppose it because we have seen the penalty. The only ones. Now, I am em- bill, what am I here for? That is about racial bias that can occur. barrassed by that. Some of my col- it, once the Democrats and the Repub- I would like to draw the attention of leagues are proud of that. Some of my licans put their arms around a meas- the author of the bill and the Member colleagues are happy to join with ure. from Tennessee that is moving this, America’s friends from these countries There are only a couple of things I that is managing it on the floor, to the and support our death penalty, as they want to point out, with all due respect fact that the Death Penalty Informa- support their own death penalty, if to the author of the bill and the gen- tion Center, which has put out a report there were democracies in any of those tleman from Tennessee who brings it that is called ‘‘Innocence and the countries. But everywhere else there is to the floor today. Death Penalty: The Increasing Danger not a death penalty. In expanding the definition of war of Mistaken Executions,’’ describes 69 So I just ask my colleagues to think crimes in this bill to include not only instances since 1973 in the United about this with me and join with me, grave breaches of the Geneva Conven- States in which condemned prisoners and let us vote down this resolution tion but also breaches of any other had to be released from death row be- and go back and take out the death convention or protocol to which the cause mistakes had led to their wrong- penalty. Let us keep war crimes legis- U.S. is or becomes a signatory, this be- ful conviction in the first place. lation but remove the death penalty. Now, of course, we do not know how Could my colleagues go along with comes prospective. Maybe somebody many people went to their death de- me on that? That is the fourth and last can explain this to me. Why are we spite their innocence and because no question. If they can, I think my col- writing legislation to cover protocols one got to them in time. And by the leagues will sleep better in their beds and agreements into the future, maybe way, my colleagues know also that fre- at night. long beyond the time any of us might quently many people of less financial Mr. Speaker, I reserve the balance of be serving in this distinguished body? means are not able to get the lawyers my time. Do any of my colleagues know the an- that can make sure all these kinds of Mr. JENKINS. Mr. Speaker, I yield swer to that? technicalities are adhered to in the myself such time as I may consume to I will research it for us and get back courts. note that the gentleman from Michi- to my colleagues on that. So this is the reason we oppose the gan referred to the remarks of the gen- Now, this companion piece of legisla- death penalty, because of the racial tlewoman from California, and I think tion establishes jurisdiction over the implications in the administration of she appropriately pointed out that war crimes, and it became law in the the death penalty. My lawyer col- there are many people in this country last Congress. It includes a provision leagues will be pleased to know that who have deep-seated feelings in oppo- which permitted the imposition of the the American Bar Association this sition to capital punishment. death penalty in cases where the vic- year passed a resolution declaring that I respect those feelings and I respect tim of the war crime was killed, and the system for administering the death the feelings of the gentleman from therein lies the problem. We support penalty in the United States is unfair Michigan. But I believe in, and have al- our war crime legislation, but we do and lacks adequate safeguards. The res- ways supported, capital punishment, as not believe such legislation should in- olution further declared that the exe- a legislator in a State legislative body. clude a death penalty in order to be ef- cutions ought to be stopped until a And I believe that there are occasions fective. greater degree of fairness and due proc- when society requires the imposition of Does anybody here disagree with ess can be achieved, which is exactly the death penalty for certain crimes. that? In other words, if we had left the what the Supreme Court said in an ear- I believe that a majority of the peo- death penalty out, we would not be lier period in the Furman versus Geor- ple who serve in this House of Rep- here today. We would be saying Presi- gia death penalty case, in which they resentatives agree with that. I believe dent Clinton, the Republicans and the suspended the death penalty at the that a vast majority of Americans gentleman from Michigan are all in Federal level. across this land support capital punish- agreement. Now, it is that same problem, Mr. ment in some instances. So we want to make it clear, as the Speaker, that we have seen in the expe- I would simply say, in respecting the gentlewoman from California did, that rience of the United States, that we viewpoint of the gentleman from we are not against war crimes legisla- can see in the context of international Michigan, that I would disagree. I be- tion. We are against the implementa- justice. The tribunal in the Hague lieve that it is appropriate in some cir- tion of the death penalty wherever it which prosecutes war crimes against cumstances, and in this circumstance, appears. Bosnians has received excellent re- the circumstance contemplated by this So my question number two is, would sources and quite a bit of attention. bill, that there be the imposition of the my colleagues have blown a gasket if But in Africa, the Rwandan War death penalty. the death penalty was not in there? Crimes Tribunal in Zimbabwe is poorly Mr. Speaker, I have no further re- And I assume the answer is no, they staffed and has not been able to pros- quests for time, and I yield back the would not have. ecute a single case. balance of my time. In effect, then, our limited objection I think it is fair to say that millions Mr. CONYERS. Mr. Speaker, I yield is to the net effect of this measure of people have been assassinated, pros- such time as she may consume to the H5868 CONGRESSIONAL RECORD — HOUSE July 28, 1997 gentlewoman from California [Ms. For consideration of title XXI of the My colleague and good friend, the LOFGREN]. House bill, and modifications commit- gentleman from New York [Mr. Ms. LOFGREN. Mr. Speaker, I want- ted to conference: SERRANO], the other part of New York, ed to make a brief comment because of Messrs. GILMAN, HYDE, SMITH (NJ), downstate New York, is the ranking the tenor of this discussion. HAMILTON, and GEJDENSON. minority member. He is a great friend As someone who has reached a con- There was no objection. and has worked with me on a biparti- clusion that there are occasions when f san basis throughout the process. capital punishment is appropriate, I GENERAL LEAVE In addition, the gentleman from Cali- am aware that other people have fornia [Mr. FAZIO] and the gentle- Mr. WALSH. Mr. Speaker, I ask reached a different conclusion. I can woman from Ohio [Ms. KAPTUR] have respect those people. And this is a first unanimous consent that all Members helped shape this bill and have main- time as a Member of this body that I may have 5 legislative days on which tained the bipartisan spirit of the sub- have heard this discussion without the to revise and extend their remarks on committee. Also, the gentleman from the bill (H.R. 2209) making appropria- implication that those who have Louisiana [Mr. LIVINGSTON], the chair- reached a different conclusion are tions for the legislative branch for the man of the Committee on Appropria- somehow less concerned about crime or fiscal year ending September 30, 1998, tions, and the gentleman from Wiscon- and for other purposes, and that I may less opposed to wrongdoing. I wanted sin [Mr. OBEY], the ranking minority to note that and thank the gentleman include tabular and extraneous mate- member of the full committee, have from Tennessee for understanding that rial and charts therein. fully participated in the subcommit- The SPEAKER pro tempore [Mr. we can have different beliefs and yet be tee’s deliberations. united in opposition to crime. BALLENGER]. Is there objection to the request of the gentleman from New Mr. Chairman, H.R. 2209 provides b 1730 York? $1,711,417,000 in new budget authority. Mr. Speaker, I yield back the balance There was no objection. This bill is $10 million below the 1997 bill. If I could repeat that, it is 0.6 per- of my time. f The SPEAKER pro tempore (Mr. cent lower than last year’s appropria- LAHOOD). The question is on the mo- LEGISLATIVE BRANCH tion, Senate excluded. This continues a tion offered by the gentleman from APPROPRIATIONS ACT, 1998 3-year trend of making the legislative Tennessee [Mr. JENKINS] that the The SPEAKER pro tempore [Mr. branch smaller and indeed leading the House suspend the rules and pass the BALLENGER]. Pursuant to House Reso- way toward smaller government. bill, H.R. 1348, as amended. lution 197 and rule XXIII, the Chair de- The Congressional Research Service, The question was taken. clares the House in the Committee of in consultation with the Congressional Mr. CONYERS. Mr. Speaker, on that the Whole House on the State of the Budget Office, has calculated that if I demand the yeas and nays. Union for consideration of the bill, the entire Federal budget were to be The yeas and nays were ordered. H.R. 2209. reduced in the same proportion as we The SPEAKER pro tempore. Pursu- have downsized the legislative branch, b 1733 ant to clause 5 of rule I and the Chair’s the entire Federal budget would show a prior announcement, further proceed- IN THE COMMITTEE OF THE WHOLE surplus of $183 billion for fiscal year ings on this motion will be postponed. Accordingly, the House resolved it- 1998. f self into the Committee of the Whole Here are a few general points about House on the State of the Union for APPOINTMENT OF CONFEREES ON the bill: consideration of the bill (H.R. 2209) H.R. 1757, FOREIGN RELATIONS We have continued the program making appropriations for the legisla- AUTHORIZATION ACT, FISCAL begun in the 104th Congress to right- tive branch for the fiscal year ending YEARS 1998 AND 1999, AND EURO- size the legislative branch. This is pro- September 30, 1998, and for other pur- PEAN SECURITY ACT OF 1997 ducing a more efficient, smaller work poses, with Mr. LAHOOD in the chair. Mr. BALLENGER. Mr. Speaker, by force by using technology wherever The Clerk read the title of the bill. possible. The bill does not fund certain direction of the Committee on Inter- The CHAIRMAN. Pursuant to the personnel costs, such as within-grade, national Relations, pursuant to House rule, the bill is considered as having promotion or merit pay increases. Leg- Rule XX, I move to take from the been read the first time. islative agencies will absorb these Speaker’s table the bill (H.R. 1757) to Under the rule, the gentleman from costs, just as the executive branch consolidate international affairs agen- New York [Mr. WALSH] and the gen- does. cies, to authorize appropriations for tleman from New York [Mr. SERRANO] the Department of State and related each will control 30 minutes. The legislative branch work force is agencies for fiscal years 1998 and 1999, The Chair recognizes the gentleman cut by an additional 316 positions. and to ensure that the enlargement of from New York [Mr. WALSH]. Since 1994, we have reduced FTE’s, or the North Atlantic Treaty Organiza- Mr. WALSH. Mr. Chairman, I yield full time equivalent positions, by over tion [NATO] proceeds in a manner con- myself such time as I may consume. 3,800 positions. That is a reduction of sistent with United States interests, to Mr. Chairman, it gives me great pleas- almost 14 percent of the entire legisla- strengthen relations between the Unit- ure to bring to the floor H.R. 2209, the tive branch work force. The FTE cut ed States and Russia, to preserve the fiscal year 1998 legislative appropria- does not reduce agency programs. The prerogatives of the Congress with re- tions bill. This is the first year I have current level of FTE’s used by agencies spect to certain arms control agree- had the pleasure of chairing this sub- has been maintained. However, funds ments, and for other purposes, with a committee. for unused FTE’s have been removed. Senate amendment thereto, disagree to The gentleman from California [Mr. Some of the details in the bill in- the Senate amendment, and request a PACKARD], the former chairman of the clude: conference with the Senate thereon. subcommittee, has set a very high For the House of Representatives, The SPEAKER pro tempore. Is there standard for us to follow. I want to rec- $708 million is provided. The Members’ objection to the request of the gen- ognize the members of the Subcommit- representational allowance appropria- tleman from North Carolina? The Chair tee on Legislative who have assisted tion has been increased to cover staff hears none and, without objection, ap- me in bringing this bill to the floor. cost of living allowances. Committee points the following conferees: First, let me thank the gentleman funds have been increased by $6.7 mil- For consideration of the House bill from California [Mr. CUNNINGHAM], the lion and are extended through Decem- (except title XXI) and the Senate vice-chairman of the subcommittee. In ber 31, 1998. House administrative of- amendment, and modifications com- addition, the gentleman from Florida fices, the Clerk, Sergeant at Arms, mitted to conference: [Mr. YOUNG], the gentleman from Ten- CAO, and others are funded at a net re- Messrs. GILMAN, GOODLING, LEACH, nessee [Mr. WAMP], and the gentleman duction of $2 million. Within the CAO, HYDE, BEREUTER, SMITH (NJ), HAMIL- from Iowa [Mr. LATHAM] all have con- HIR operational costs are reduced $1.6 TON, GEJDENSON, LANTOS, and BERMAN. tributed to the work on this bill. million. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5869 For joint items, $86.8 million is pro- tion than that Capitol dome. Funding but I think it shows that we lead by ex- vided. The Joint Economic and Print- is also provided to commence replace- ample, not only in reducing the size of ing Committees are funded at the level ment of the deteriorated floors of the legislative branch. In the area of recy- requested in the budget submission. parking garage in the Cannon Building. cling, it should be noted that the House The Joint Tax Committee has been The Library of Congress, including of Representatives recycling program provided funds for five additional staff CRS, is funded at $342 million. We have has been operating for 6 years now. to accommodate an expanded work- also added $160 million in other re- A pilot test was done in 1990. The load. sources to the Library. The bill funds House-wide program was begun in 1993. The Capitol Police cost-of-living al- the current FTE level. The initial It should also be noted that the pro- lowances are funded with the addi- phase of the new bibliographic system tional funds pending authorizing com- is funded as is additional playback gram has been producing results. We mittee approval. An administrative equipment for talking books for the have all heard of the rumors that we provision establishes a unified pay and blind. take our waste and we throw fine paper leave procedure for House and Senate For the Government Printing Office, in one basket and we throw the sorted details. For the Architect of the Cap- almost $100 million is provided. Con- paper in another basket and then the itol, $122.9 million is provided. gressional printing is funded at the fis- cleaning people come up in at night Mr. Chairman, the Capitol buildings cal year 1997 level, including an $11 and throw them all into one coffer. belong to the people of the United million transfer from the working cap- That is not the case. ital fund, a transfer back to this ac- States. We have an obligation to keep I want to dispel that rumor. In fact, count of funds paid out earlier to cover up the maintenance needed to keep the we have recycled 12,000, almost 13,000 costs of non-congressional printing. buildings and grounds in working order For the General Accounting Office, tons of waste, including cans, bottles, and suitable for the work of Congress $323.5 million is provided. This will and paper. The Architect has estimated and to accommodate the millions of allow 85 additional FTE positions over that we have avoided over $900,000 in taxpayers and others who visit each the current level. The Emergency Sup- landfill costs due to recycling waste. year. plemental Act of 1997 provided GAO au- And here is the key point: We have also The Architect has estimated that the thority to enter into multiyear con- been told by the Architect of the Cap- cost of maintenance and improvements tracts. We have been told that up to itol that 1,977 tons of House trash and over the next 5 years will require an $8.4 million of funds requested for fis- waste were recycled by a recycling con- additional $254 million. This need must cal year 1998 may be obligated in fiscal tractor last year. That represents over be addressed, although perhaps not the year 1997 with this new authority. That 57 percent of the waste generated by full amount. This bill begins to address provision enabled us to reduce the fis- House offices. That is a remarkable the long-term Capitol investment pro- cal year 1998 appropriation by that number, given the fact that the goal gram articulated by the new Architect amount. for the Federal Government is a 50-per- of the Capitol, Mr. Alan M. Hantman, Just a couple of notes, in summary, cent level of recycling. We are doing 57 and we welcome him. Mr. Chairman, and my colleagues. The percent, higher, to my knowledge, We must exercise judgment, however. budget authority compared to the 1997 higher than any other branch of the In the bill, 68 percent of priority-one operating level: we are $10 million, at Federal Government. projects are funded. Safety and Ameri- 0.6 percent below. That is a reduction cans with Disabilities Act work contin- under 1997 appropriations. It is $143 So, once again, Mr. Chairman, we are ues, including fire alarms, sprinklers, million less than the President’s re- leading by example. We have shown access doors, etc. quest for the legislative branch, and it that we are willing to lead in terms of The initial funding for the rehabilita- is $2.6 million below our 602(b) alloca- recycling, but more importantly, that tion of the Capitol dome has been pro- tions. we continue to make government vided. Mr. Chairman, there is no more Last, Mr. Chairman, on a note that smaller, more efficient and saving important symbol of the American Na- does not get an awful lot of attention, money along the way. H5870 CONGRESSIONAL RECORD — HOUSE July 28, 1997 July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5871 H5872 CONGRESSIONAL RECORD — HOUSE July 28, 1997 July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5873 Mr. WALSH. The committee report contains tee, and also to thank the other mem- With that in mind, we will hear Mem- language which stresses the need for improv- bers of the committee, the gentleman bers today on our side of the aisle ing the waste recycling program operated by from California [Mr. FAZIO] and the speak about these issues, and it is with the Architect of the Capitol. The language in gentlewoman from Ohio [Ms. KAPTUR], much displeasure that I once again in- the report makes clear that the Architect and a special thanks to the gentleman form my friend the gentleman from should contact each Member, committee, and from California [Mr. FAZIO], who set a New York [Mr. WALSH], and I mean staff office to elicit cooperation and compli- track record here in this House for this that sincerely, my friend, that it is not ance. It also stresses the importance of con- kind of work. Once again, I thank the the intent of this side to vote for this tinued training of the Architect's workforce in gentleman. bill when final passage comes. implementing this program. And I thank the gentleman from New There will be some amendments that It should be noted that the House Recycling York [Mr. WALSH] for being the kind of we will deal with, we will try to make Program has been operating for 6 years now. person that he is and for the work that our point, but I am hoping that the A pilot test was done in 1990. The House- he has done on this committee. gentleman from New York will con- wide program was begun in 1993. b 1745 tinue to understand or at least try to understand, if he does not already, that It should also be noted that the program has Mr. Chairman, the difficulty of to- this is a very difficult time in terms of been producing results. Since 1993, 12,886 day’s discussion is the fact that while tons of House and Senate waste cans, bottles, this bill starts out as a good bill, out- the behavior of this House, and our side and paper have been recycled. The Architect side problems, problems that do not be- of the aisle is trying to very strongly has estimated that we have avoided over long really within the committee but make the point that this has to $900,000 (936,518) in landfill costs due to the then become part of the committee, change, that it has to end, and that a recycling waste transferred to recycling con- have taken a hold of this process. new day has to be born in this House. tractors. Over the past 3 years, almost I am speaking specifically about the With that in mind, I once again com- $600,000 of cost avoidance is due to waste fact that the minority party feels very mit myself to working with the gen- material collected and recycled from House of- much that fairness is not being applied tleman from New York. I look forward fices, at a cost of $378,000. in the dealings with amendments not to the day, pretty soon, when these is- That's a 1.6 to 1 benefit/cost ratio. That is only on this committee but throughout sues are put aside and we continue to a benefit/cost ratio that indicates that recycling the committees in the House and that build on this work that he has put is paying off. It is saving taxpayer funds and a lack of civility has grown in the in- forth. is contributing to a cleaner environment. stitution to the point where the minor- Mr. Chairman, let me close with this We have also been told by the Architect of ity party in no way on our side of the thought. When I had an opportunity in the Capitol that 1,977 tons of House trash and aisle feels that we are being treated the Committee on Appropriations to ei- waste were recycled by our recycling contrac- fairly and properly. ther go back on the Education sub- tor last year. That 1,977 tons represents about In addition, on this particular bill, committee or choose this subcommit- 57 percent of the waste stream generated by we asked for some amendments which tee, I chose this one with the under- House offices. were denied. They were amendments, standing that I personally have such The Office of Waste Management at the in our opinion, that belong as part of respect for this institution that I do General Services Administration has informed this discussion, because they speak as not have a problem in dealing with this us that GSA itself only recycles 30±35 percent to how the majority party is running particular bill year after year, that I of their waste stream. According to GSA, the the House and how some things are do not have a problem in working with Government-wide goal is 50 percent. being done. the gentleman from New York [Mr. So, I would say to those who are concerned While some may argue that the WALSH] in building the institution up. about the effort being made, there is a great amendments specifically do not speak I am concerned that some of the is- deal being accomplished. And we are exceed- to the bill, they certainly do speak to sues we will discuss today are indeed ing the Government-wide standard. the running of the House, they speak to targeting the work that we do, because Recycling of House waste products is work- the way in which business is being con- if other parts of the House and other ing, but like all similar programs, it requires ducted, and in that sense we have some behavior are not being carried out monitoring and follow-up. We should strive to very serious problems with those is- properly, then it really does not matter improve our record. sues. We asked for those amendments how much we try to protect the insti- In that context, the subcommittee decided to to be presented. tution, the institution will always be include the report language. We have asked We were very much concerned, for in- in danger and our ability to deal with the Architect of the Capitol to renew his efforts stance, with the fact that $1.4 million each other and conduct business will be and to enlist the cooperation of all House of- is being spent on an investigation of in danger. I look forward to this type fices. organized labor in this country. We are of behavior coming to an end, and I Mr. Chairman, I reserve the balance concerned also with the fact that a look forward to the debate that we will of my time. Member of Congress who has been duly have today. Mr. SERRANO. Mr. Chairman, I yield elected has been harassed and her cam- Mr. Chairman, I reserve the balance myself such time as I may consume. paign and her campaign results con- of my time. Mr. Chairman, let me first say that tinue to be questioned. I speak about Mr. WALSH. Mr. Chairman, I yield my colleague, the gentleman from New the gentlewoman from California [Ms. myself such time as I may consume. York [Mr. WALSH], deserves quite a bit SANCHEZ]. It is improper, in our opin- Mr. Chairman, we will soon entertain of praise for this bill. This is a good ion, to continue to harass her and har- a number of amendments that were bill, and it is a bill that was put to- ass the results of her campaign. granted by the rule. I would just like gether by the work that the gentleman We particularly feel very nervous to point out for the record that the from New York [Mr. WALSH] has done about the fact and very concerned rule is a modified closed rule. This is and the way in which he has treated about the fact that in carrying out, as the traditional way that this rule has the members of the committee. we feel, this harassment, that some been structured for consideration of He has been very fair to this ranking people have been targeted throughout this bill. member, and he has been very fair to the country, namely Hispanic surname As my colleagues might imagine, the members on our side. And for that, Americans, for special negative treat- there are lots of opportunity for mis- we thank him and we look, in spite of ment. chief on this bill. I think while we were some present difficulties, to a future We are also very much concerned in the minority, we certainly respected working relationship that will improve about the fact that, in general, when the majority’s view of protecting the as time goes on. we ask for amendments, amendments institution by using the rule process. I also would like to take this oppor- are either denied or they are rewritten We have tried to do exactly the same tunity to thank the gentleman from by the Committee on Rules before they thing. Wisconsin [Mr. OBEY], our ranking are presented in the House, and that is In the process of devising this rule, member, for the work that he has done something that has been of great con- with the help of the chairman of the in support of my work on the commit- cern to us. Committee on Rules who has been H5874 CONGRESSIONAL RECORD — HOUSE July 28, 1997 very, very helpful, we allowed for four SANCHEZ] under an avalanche of sub- felons, I am talking rapists, murderers, amendments, two from Republicans poenas and a mountain of legal bills, and so on. The recent newspaper arti- and two from Democrats. There were and no matter that the burden of proof cles on Conair, where they are actually two very contentious amendments on to prove wrongdoing is on Bob Dornan shifting out people in different areas, is each side, one Republican and one as the accuser and he has failed again. prevalent, also. Democrat, that were not granted under Mr. Chairman, the Republican leader- All Mr. Dornan is asking is to get the the rule. I think that is about as fair as ship should stop using taxpayer money records to see if there was an injustice one could ask. to harass the gentlewoman from Cali- or if there were any peculiarities in There are issues that swirl about the fornia [Ms. SANCHEZ] in order to satisfy that particular district that affected Congress that are not of the gentleman Mr. Dornan’s craving for revenge. voting. That is a fair question: Do you from New York [Mr. SERRANO] and my Turning to the second witch-hunt, we have American citizens voting? making. We have, I think, a very good have the three-ring circus of the gen- What they found to date, especially relationship. We work very well to- tleman from Indiana [Mr. BURTON] in one activist group encouraged people gether. Philosophically, we are not the Committee on Government Reform that were going to be citizens to vote. what one would call twins, but we do and Oversight. In spite of the fact that Even though they had not become citi- understand the need to protect the in- there is a credible bipartisan investiga- zens, they had done so. It is a felony for stitution, and we are both trying to do tion currently being conducted in the people to register before they have be- that. So we are being affected by issues Senate, the gentleman from Indiana come citizens, and there is a great that are outside of the purview of our [Mr. BURTON] is determined to go for- number of those. At the same time, subcommittee. ward with an investigation that is there were numbers of illegals that had I would ask that once everybody has being conducted so shabbily that high- registered. their opportunity to make their case level Republican staffers have resigned What we need to do, Mr. Chairman, is and to take their best shot and to vote from the committee. To date, this in- to take a look at motor-voter, the for or against their amendment, that vestigation has cost American tax- practices of the INS, the practices of we could get a bipartisan vote on this payers over $2 million and there has registration in different States. It is not just Mr. Dornan at stake. If we bill. I think traditionally it is the ma- not been one hearing, not one deposi- look at all of the border States and the jority’s responsibility to deliver the tion that has produced any result. That infusion of illegals coming across, we votes on the legislative branch, but is $2 million spent and, again, nothing even had hearings in San Diego that there has always been at least some to show for it. the Border Patrol stepped forward and semblance of bipartisanship on final Finally, now we have the third inves- said that they were ordered to let passage of the bill. It strengthens our tigation. The House Republican leader- illegals come through, not us, not the hand when we go to the Senate in the ship has decided to tap into the Speak- Republicans, but the Border Patrol conference to make sure that we pro- er’s slush fund and spend $1.4 million members themselves. tect our side of this very important on an investigation into the political We need to get to the heart of this. Capitol building. activities of labor groups. For what, When Mr. Dornan asks to have the I would end my comments right now Mr. Chairman? For another political records looked at by appropriate by saying, let us have our debate, let us score to settle at the taxpayers’ ex- sources, by Republicans and Demo- be as civil as we can with each other, pense. crats, by the judicial system, I think Mr. WALSH. Mr. Chairman, I yield 3 and when it is all said and done, let us that is fair. come together and vote bipartisanly minutes to the gentleman from Califor- Mr. SERRANO. Mr. Chairman, I yield for this bill. nia [Mr. CUNNINGHAM], the vice chair- 1 minute to the gentleman from Cali- Mr. Chairman, I reserve the balance man of the subcommittee. fornia [Mr. FAZIO], a man who set the of my time. Mr. CUNNINGHAM. Mr. Chairman, I tone for me to follow, and it is very dif- Mr. SERRANO. Mr. Chairman, I yield would like to thank the gentleman ficult. 2 minutes to the gentleman from New from New York [Mr. WALSH]. I think Mr. FAZIO of California. I thank the Jersey [Mr. PALLONE]. from the different committees that I gentleman for yielding me this time. Mr. PALLONE. Mr. Chairman, I rise have served on and my colleagues on Mr. Chairman, I expressed my feel- in opposition to the bill today because both sides of the aisle, there is no more ings on the rule on the issue that was of the irresponsible way in which the of an evenhandedness of the issues or of just brought to us by the gentleman Republican leadership has conducted the bill. The gentleman will bend over from California [Mr. CUNNINGHAM]. But itself. backward to help. my reason for rising at this point is to I consider the three investigations I would like to address the last separate myself from the debate on the that I am going to mention nothing speaker’s words on Mr. Dornan and the overall behavior of the majority versus more than partisan witch-hunts. This gentlewoman from California [Ms. the minority in the institution, to pay year, the Republican leadership is SANCHEZ]. Many of us feel that the tribute to the gentleman from New wasting millions of taxpayers’ dollars Sanchez-Dornan seat was stolen. I will York [Mr. WALSH] and the gentleman on three separate investigations. These be specific. I will give my colleagues a from the city of New York [Mr. investigations are mean-spirited, dupli- classic example. SERRANO] for the excellent job that cative, and wholly unnecessary. So far, In the city of San Diego, they had they have done in bringing the bill to they have absolutely nothing to show 5,000 new citizens sworn in. At that this point. for their efforts. time, a gentleman from the Republican As the chairman has indicated, we I would like to begin with the Com- Party asked the INS if they could es- are obviously confronted with other is- mittee on House Oversight’s investiga- tablish tables like they always have, sues when we come to the floor that tion into the election of the gentle- but this was an extra large one and sometimes transcend the work that is woman from California [Ms. SANCHEZ]. they were told no, that this was so done in the subcommittee and in the The gentlewoman from California [Ms. large that they were not going to allow full committee, and that is once again SANCHEZ] defeated incumbent Bob Dor- anyone to register new citizens in ei- the case here. Members will feel dif- nan in an election that was certified by ther party. The Republican Party went ferently about the vote on final pas- the Republican Secretary of State in down there the day of, anyway, and sage today, perhaps based on factors California. there were 12 Democrat tables set up that have influenced our thinking in In spite of this, Mr. Dornan, who was and no Republican tables had been al- the general manner in which the House defeated, can still command the will of lowed in. is being administered. But I think that the Republican Caucus and orchestrate Then we have the case of the pushing if we are not careful, we will overlook a kangaroo court to investigate his in of new citizens and waiving back- the fine work that has been done by loss. However, 9 months later, Bob Dor- ground checks to the point where we these two gentlemen, and I hope all nan still has not proven that he won. have thousands, thousands, of people Members will pay attention to and Instead, he intends to punish the gen- that were let in as new citizens that honor the effort they have made get- tlewoman from California [Ms. were felons. I am not talking just little ting us to this point. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5875

Mr. SERRANO. Mr. Chairman, I yield cosponsor of the motor-voter bill, and from California [Ms. SANCHEZ] in an 2 minutes to the gentleman from Con- in fact we think it is a good idea to election certified by the Republican necticut [Mr. GEJDENSON]. reach out and get as many people as we Secretary of State last November, Mr. GEJDENSON. Mr. Chairman, I can on the rolls. But they fail to under- uncontested in any California court. think one of the great frustrations stand one fundamental point. Get all For the first time since 1969 Repub- here, of course, is that not only have the people on the rolls who legally licans forced a hearing on the merits, a we violated all the traditions of the should be on, get all the people off who procedure that is available here. That House in the Sanchez case, changing should not be on. hearing, held in the district of the gen- the rules, having the committee kind What we are doing now in Orange tlewoman from California [Ms. of being the adversary for an elected County, and the attorney for the gen- SANCHEZ], was a media circus that pro- Member of Congress, but we have fo- tlewoman from California [Ms. duced no credible evidence of changing cused in on a community that the ma- SANCHEZ] has finally admitted, there the election outcome. jority Republican Party has made a se- were people who voted in that contest Unprecedented subpoena powers have rious effort trying to intimidate away who should not have voted. They were been given to Mr. Dornan, now a pri- from the polls. Not just in this in- registered illegally, and they partici- vate citizen, to harass Hispanic Ameri- stance, going as far back as races in pated in the election illegally. The cans and organizations that have New Jersey in the early 1980’s, when we question is not if; the question is how helped them, like Catholic Charities, had polling security people show up many. We are in the process of deter- 20,000 students at Rancho Santiago trying to intimidate new Americans mining how many. It is interesting Community College and even, as Mr. from voting. that the minority already knows there Dornan admitted, the Carpenters Union. Why? Because they had a large b 1800 were not enough to make a difference in the election. contingent of immigrant workers. The reality is we cannot use the What we try to do on our side of the Add to all of these facts the admis- Sanchez situation to try to review aisle with the new majority is inves- sions that we have already heard here every piece of legislation on the books. tigate the facts and then come to a and by one of the senior Republican We remember from when motor-voter conclusion rather than coming to a Committee on Appropriations members was passed, the Republicans did not conclusion based upon what they want that the real reason for pursuing the want to have poor people register. the end result to be. We are working gentlewoman from California [Ms. They wanted to keep it out of places with the Immigration and Naturaliza- SANCHEZ] is to kill motor-voter, and we where poor people went. They did not tion Service. It has been very difficult. have a Republican plan that is crystal want to do it at welfare offices. We We had to subpoena them to go clear. So what is that plan? Attack the think everybody ought to vote. Frank- through their records to provide us underpinnings of Hispanic ly, I think it is too hard to get people with the thousands of names. We will empowerment by attacking a Hispanic in this country to vote. If someone is determine how many people voted ille- woman elected to Congress, give un- an American they ought to vote. gally, not in an attempt to deal with precedented subpoena powers to a pri- If there is something wrong with the this election, but in an attempt to get vate citizen to intimidate Hispanic in- Sanchez race, then under the law it is every American who casts a vote le- dividuals, violate their privacy rights Mr. Dornan’s responsibility to come gally to have a comfort level that their at the INS, create fear in the commu- forward and show that. He has come vote would not have been canceled by forward so many times with so many nity, and by doing so create a chilling someone who voted illegally. effect on voters, thereby intimidating accusations, he just keeps stretching We believe it is fundamental. We be- them and suppressing their enjoyment the process, and now the committee lieve we have to get to the bottom of of the right to vote, and, as a by-prod- has taken over. First, he was worried it. No amount of protesting on their uct, let us create the base for getting about a house. There were 10 or 12 peo- side will deter us from making sure ple living in that house, and I think rid of motor-voter. that every legal voter believes no ille- And that reminds me of the Repub- they all had different last names. Yes; gal vote canceled them out. lican motivated ballot security pro- there were nuns living in that house. Mr. SERRANO. Mr. Chairman, I yield gram that happened in my State of Then he found a second house that 3 minutes to the gentleman from New New Jersey in 1980, which were brought seemed awfully dangerous, and there Jersey [Mr. MENENDEZ]. to Federal Court, and we will do it were like 18 people living in that house; (Mr. MENENDEZ asked and was again if we have to. 1 address, 18 people, all different given permission to revise and extend We should not permit the use of tax- names. Lo and behold, it turned out to his remarks.) payer funds for such a biased political be a Marine barracks. Mr. MENENDEZ. Mr. Chairman, re- witch hunt, we should not accept and As my colleagues know, Mr. Dornan gardless of what is being said here, we will not accept this treatment as a spent a lot of time on this floor talking over $200,000 in funds provided by this community. We are here to stay, and about how tough he was, what a mili- bill is being committed to a witch hunt so is the gentlewoman from California tary campaigner he was. He ought to against one of our colleagues, the gen- [Ms. SANCHEZ]. Get it over with, stop take this like an honorable politician. tlewoman from California [Ms. wasting our money, and we should reg- The evidence is clear. She won the SANCHEZ], for the sake of partisan ister a vote of protest on this bill. race. Were there some problems? Yes. games. This is an unprecedented attack Mr. WALSH. Mr. Chairman, I reserve They do not measure up to her margin. which many of us believe has much the balance of my time. If he has got proof, he ought to come more to do with the growing political Mr. SERRANO. Mr. Chairman, I yield forward with it. It is 9 months since power of Hispanics in this country. The 2 minutes to the gentlewoman from the election. It starts to look like they committee has allowed a pattern of ac- New York [Ms. VELA´ ZQUEZ]. are trying to drain her of resources and tions by both Mr. Dornan, the loser in Ms. VELA´ ZQUEZ. Mr. Chairman, I intimidate Hispanics from voting. that contest, and the committee itself rise in strong opposition to this bill. Mr. WALSH. Mr. Chairman, I yield 2 which are an outrage to the Latino The Republican leadership is using the minutes to the gentleman from Califor- community. Committee on House Oversight, funded nia [Mr. THOMAS], the chairman of the The violation of privacy rights that by this appropriation bill, to harass a Committee on House Oversight. people have a right to expect when Hispanic woman Member of Congress. (Mr. THOMAS asked and was given they apply to the INS; that is why they Three hundred thousand dollars of the permission to revise and extend his re- had to subpoena them, to violate their taxpayers’ money has been used to try marks.) privacy rights, and future voter intimi- to deny the gentlewoman from Califor- Mr. THOMAS. Mr. Chairman, follow- dation and voter suppression of the nia [Ms. SANCHEZ] the congressional ing the statement of the gentleman Hispanic community are outrageous seat that she won fair and square. And from Connecticut [Mr. GEJDENSON], and will never be tolerated by us. this is not just about the gentlewoman some of my colleagues might be sur- The voters of the 46th District of from California, this is about the grow- prised to find out that I was an original California elected the gentlewoman ing influence, political influence, of H5876 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Latinos in this country. This is about ing in programs for Hispanic Ameri- ments here when the Democrats were sharing power. cans, Filipino Americans, Vietnamese in charge, but when they were in As if that were not enough, the Re- Americans after they become citizens. charge and there was a contested elec- publicans have forced the INS to Mr. SERRANO. Mr. Chairman, I yield tion where a Republican was declared launch an investigation against the 2 minutes to the gentlewoman from the victor, as the gentleman just men- gentlewoman from California [Ms. Connecticut [Ms. DELAURO]. tioned, the Republican was not seated. SANCHEZ] without providing the fund- Ms. DELAURO. Mr. Chairman, the In fact, we are not in any way dis- ing to do so. They have literally given gentlewoman from California [Ms. rupting the right of the gentlewoman subpoena power to the loser in the SANCHEZ] was certified the winner of from California, Ms. LORETTA SANCHEZ, race, Bob Dornan. the 1996 congressional election in Cali- to act as a Member of Congress, but we The Republicans are trying to say fornia’s 46th Congressional District by owe it to the American people to see that the gentlewoman from California a Republican registrar of voters and that that election was a fair election, [Ms. SANCHEZ] did not win her seat fair- the Republican secretary of State by and if it was not, if it was determined ly. There is only one problem. They 979 votes after a recount of every bal- by illegal votes, it should be over- cannot prove it. Instead, they are wast- lot. I rise today to urge my colleagues turned. Otherwise, it is a crime against ing taxpayers’ money to harass a Mem- to vote against this bill. the American people. ber of Congress. It is outrageous, and it The Republican leadership has spent Mr. Chairman, my colleagues on the has got to stop. 9 months and $300,000 investigating the other side of the aisle are complaining Vote no on this bill. election of our colleague, the gentle- that the contested election task force Mr. WALSH. Mr. Chairman, I yield 2 woman from California [Ms. SANCHEZ], investigation is going on and has been minutes to the gentleman from Califor- and it is now time for this to stop. This dragging on too long. The fact is, this nia [Mr. HUNTER]. is clearly a partisan attempt to steal reflects something of a pattern. Mr. HUNTER. Mr. Chairman, I lis- an election that the gentlewoman from What we see is, on the other side of tened to this debate. I had to rise be- California [Ms. SANCHEZ] won fair and the aisle and with the administration, cause I am familiar with a lot of the square. a stalling, a stonewalling, and just facts with respect to the investigation I am sorry to break it to my Repub- dragging its feet. No matter how or as to illegal voters voting in the lican colleagues, but Bob Dornan lost what way they can do it, they are try- Sanchez-Dornan race, and this is not the election and, yes, he even lost to a ing to elongate this, and then coming about the gentlewoman from California Democratic Hispanic woman. The Re- before the body complaining that we [Ms. SANCHEZ], it is not about Bob Dor- publicans have also given Bob Dornan, are putting the gentlewoman from nan; it is about a very simple American an average citizen, not a Member of the California, Ms. LORETTA SANCHEZ, fundamental value that is known as House of Representatives, the power to through a travail because it is lasting one man or one woman and one vote, subpoena. He has used this authority to so long. and that means that no matter where harass his political enemies by forcing Mr. Chairman, this is pure politics. I, one comes from, no matter how long them to spend thousands of dollars in for one, would hope that we would not they have been in America, no matter legal bills to comply with his subpoena. be calling each other names and then, especially, trying to suggest that the whether they are rich or poor, they get Republicans are using taxpayer funds motives over here are malicious. We one vote. to finance a partisan political inves- And there was an investigation in Or- tigation. They are using race baiting need to get to the bottom of this. The task force is working. It is try- ange County, and one organization tactics to scare new citizens from exer- ing to determine how many votes were that is supported by taxpayer dollars, cising their constitutional right to illegal. Already they have found 300 by our dollars, registered to vote over vote. votes in the 46th district since the gen- 300 people who were not legal voters. It is time to bring an end to this in- tlewoman from California, Ms. LORET- That has been established. That is the vestigation. Let the gentlewoman from California [Ms. SANCHEZ] do what she is TA SANCHEZ, was seated that were im- basis for the ongoing investigation. properly cast. The Secretary of State I think it does a disservice for people doing very well in representing the in California has determined that. The that come from all over the world to be people of California’s 46th district. Let us get back to the business of the State registrar declared another 120 ab- Americans to somehow give them the sentee ballots invalid. Together, that idea that the system that they left, the American people, let us call off this witch hunt on a partisan political calls into question one-third of the 98- system where the ballots are counted vote margin of the gentlewoman from on Sunday before the Tuesday election, basis, and finally, let us just stop wast- ing taxpayers’ dollars. California [Ms. SANCHEZ]. the ballots where some people get five However, with the INS dragging its votes and other people get no votes, is Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume feet and all the administration rep- somehow something that should be resentatives out there not going along pursued here. just to respond to this issue. The gentleman from New Jersey ear- and trying to stonewall this, we now Now one of the two candidates, Mr. are faced with having to go through Dornan or the gentlewoman from Cali- lier suggested that the contesting of an election such as this is unprecedented. 5,000 votes that appear to be or there is fornia [Ms. SANCHEZ], got the most a potential that these votes were cast votes by legal voters in Orange County. Well, there is very strong precedent: the McIntyre case in Indiana. And no- by people who were not legally entitled The person who got the most votes to vote. wins. That is what this is about, and body on this side suggested that that was an anti-Irish decision. Mr. Chairman, this is, as the gentle- everybody who is involved in this is woman from California, Ms. LORETTA willing to let the chips fall where they b 1815 SANCHEZ, moves on, and we are not in- may. If Ms. SANCHEZ when the smoke Let us try to stick to the issues. This timidating her, she is a Member of Con- clears and the illegal votes have been really does not fall on this committee. gress, but it is just and right for us to taken away has the most votes, then This falls on another Committee. Let determine whether that election was she wins; if when the smoke clears the us try to keep this debate within the stolen, and if it was, she should be re- person who got the most votes on elec- constraints of this committee. moved from that seat, because she did tion day is Mr. Dornan, then he wins; Mr. Chairman, I yield 21⁄2 minutes to not win it. and if it is unclear as to who wins, then the gentleman from California [Mr. A Democratic Party activist in Or- we have a new election. ROHRABACHER]. ange County was convicted several That is America, and I might say to Mr. ROHRABACHER. Mr. Chairman, years ago, and I come from Orange my colleagues that is why people come the gentlewoman from California, Ms. County, of registering illegal aliens in- to America. That is not bad, and that LORETTA SANCHEZ, is a Member of this tentionally. He was arrested and con- is not any kind of an insult to anybody. body. She has been seated. That is the victed of that crime. We cannot have The Republicans do a lot of registering rightful course of action. this going on. of new citizens, we have our card tables Again, I want to point out, as I did Mr. SERRANO. Mr. Chairman, I yield right there at the new citizens’ swear- last week, that I have had my disagree- myself such time as I may consume. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5877 Mr. Chairman, I think what some of who is inadvertently involved in this It is time to bring this matter to a my colleagues on the other side of the discussion, certainly he has none of the close. It is time, and I say to my friend, aisle have to try to understand is the responsibility for the angst that is if they have additional votes, 300, let us process which has been used in dealing being discussed. First of all, let me say say, who is to say? At no time can any- with this issue. No one argues with the to my friend, the gentleman from Cali- body on this floor get up and say, I say fact that if one party feels aggrieved in fornia [Mr. ROHRABACHER], who has to my friend from California, that any way, they can bring up an issue, left, he said this is pure politics. Let those 300 votes were not equally di- and that is what we have the court sys- me say that it may be politics, but it is vided, 150 for Dornan and 150 for the tem for and we have rules of the House. not pure. gentlewoman from California [Ms. But I can tell the Members that I My friend, the gentleman from New SANCHEZ]. have been on the short side of a couple York [Mr. WALSH] said that in the Why do I say that? Because of elections in my life where I thought McIntyre-McCloskey case, which of uncontested testimony at the hearing there had been some problems on the course was not a Federal contested was that the leader, Herman Dodd, said other side, and there were different election case, that obviously is a sore he was a friend and close to Bob Dor- communities involved in that vote, not point with many, and I understand that nan and could not get involved in a only different regions of a county, but and do not mean to get into that, but campaign against Mr. Dornan; certain different ethnic groups and po- the fact of the matter is, it was not. uncontested testimony. I do not know litical persuasions. I do not recall that There was no question about the Irish whether that is the fact. But I say to anyone on my side ever suggested that vote. That is correct. The INS was not my friends, it is time to end this inves- the way to deal with this issue was to prepared to see if Irish perhaps had reg- tigation. single out one particular group and to istered improperly. Mr. WALSH. Mr. Chairman, I yield 1 target those surnames and to go That was not surprising, the McIn- minute to the gentleman from Ken- through the books and just make a tyre case, because by that time the tucky [Mr. ROGERS]. mockery of the whole system. Irish had been here in big numbers for Mr. ROGERS. Mr. Chairman, I do not Mr. Chairman, let me also say that if a long time and very active in politics. intend to become part of this dispute, you are a member of the Hispanic com- As somebody who came into politics but let me try to set the record munity and are involved in the politi- because of John Fitzgerald Kennedy, I straight, if the gentleman from New cal process, you know that for the last am thankful for that. York will allow me, or both gentlemen. 25 or 30 years, 40 years, you have been At no time in Boston did anybody Mr. Chairman, the INS is checking working hard to try to get people reg- ever go to the INS, in the 1920’s or the every voter in that election, not one istered to vote, to get people interested 1930’s or the 1940’s, and say, we want particular group. They are checking in the political system, and in the the Irish checked through your records every voter to see if they were natural- cases of immigrants, to get them to un- to see whether or not they are legally ized and what the date of naturaliza- derstand in this country you can par- registered. tion was, whether you are of German ticipate and not be afraid that someone Mr. Chairman, in Providence, RI, descent or Irish descent or whatever. is going to do a number on you. into which the Italian community They are checking everyone. They are I do not think that my colleagues on moved in great numbers, at no time in not singling out any particular group. the other side of the aisle understand, the 1920’s or 1930’s or 1940’s did anybody That is my understanding. and some may understand and not repair to the INS and say, notwith- I say that because my subcommittee care, the chilling effect that this has standing the fact of the machine poli- funds the INS. We have checked into on legitimate individuals who are here, tics of Boston or the machine politics this, I say to the gentleman from who want to vote, who want to partici- of Providence or the machine politics Maryland [Mr. HOYER]. If it were other- pate, and now are feeling that some- of New York, when many Jews moved wise, I would join the gentleman in his how, somehow they are being targeted. into the city of New York, at no time, outrage. That is just not the case. They Let me conclude by saying that I I tell my friends, did anybody suggest are checking every single voter in that know this subject well. I know this that the INS check on every voter. election, and the naturalization date, area well. It is so difficult on the re- Notwithstanding the fact in Chicago, and if you are a natural born citizen, of ceiving end to have one community when the Polish community moved in, course, you would not show up. targeted, to have people’s last names in great numbers, nobody, notwith- Mr. HOYER. Mr. Chairman, will the be the issue of the day, and not what in standing the fact that there were alle- gentleman yield? fact happened in the election. That is gations repeatedly as to whether or not Mr. ROGERS. I yield to the gen- not the right way to do it. there was fair voting, asked the INS to tleman from Maryland. What does that mean now, that every check on every Polish citizen; no, I tell Mr. HOYER. One of the problems, Mr. time there is an election throughout my friend, the gentleman from New Chairman, as the gentleman perhaps the country where there is a question, York, this is unprecedented; not McIn- knows, is, first of all, the committee whatever your political persuasion is, tyre, not Tunno versus Veysey, which asked for all of Orange County, not that is the only group you are going to was the first case under the Federal just the 46th District, all of Orange target? That could happen in all 50 Contested Election Act. County. That is where the 500,000 came States. That is not the proper way to And guess what, that was a case in from. So they have done a much broad- do it. There are people on that side which the Democratic majority said to er search than would be called for by that know that is not the proper way. a Democratic challenger of a Repub- this contested election. That is why we are making an issue of lican incumbent, no, you have not met Mr. ROGERS. No single group is it today, because the gentlewoman the test, and we reject the Democratic picked out. from California [Ms. SANCHEZ] has won. challenge of the Republican incum- Mr. SERRANO. Mr. Chairman, I yield She should continue to sit here, and bent, which we have done time and 1 minute to the gentlewoman from New this investigation should come to an time and time again in seating Repub- York [Mrs. MALONEY]. end. licans who have been challenged by Mrs. MALONEY of New York. Mr. Mr. Chairman, I yield 41⁄2 minutes to Democratic nonincumbents. Democrats Chairman, I thank the gentleman for the gentleman from Maryland [Mr. rejected their claim and, in fact, never yielding time to me. HOYER]. allowed their case to go as far as this At first I thought this contest was Mr. HOYER. Mr. Chairman, I thank one has. about a difficult loss, Mr. Chairman. the gentleman for yielding time to me. So yes, I say to my friend, the gen- After all, Mr. Dornan served in the Mr. Chairman, I want to say to my tleman from New York, this is histori- House for many years. But 9 months friends that, as a member of the task cally a brand new and different attack. and $300,000 later, no contested election force, I have followed this case very It is not an attack, frankly, being has ever taken this long or gone this closely, quite obviously. made by Mr. Dornan, per se, it is the far in the history of this country. The I want to say to my friend, the gen- committee that is pursuing this; also gentlewoman from California, Ms. LO- tleman from New York [Mr. WALSH], unusual, I tell my friend. RETTA SANCHEZ, won the election fair H5878 CONGRESSIONAL RECORD — HOUSE July 28, 1997 and square. The Latinos and other citi- We have not had any involvement and those bills are paid to bring pain zens of Orange County spoke, and there with that activity. The only subpoenas on the institution, then I do not think are some in this House who would like issued by the committee have been it is improper to bring it up during this to silence them. those on the INS which unfortunately debate. So we have done so. Mr. Chairman, the women and the proved necessary because the INS was Let me just say that much of the dis- Hispanics and the Democrats in this not willing to release its computer cussion was around the Sanchez case. House will not tolerate the silencing of tapes to the committee without sub- That is a very crucial case. It is not, in any man’s or woman’s vote. The gen- poenas. Fortunately they have been co- my opinion, crucial because it speaks tleman from Maryland [Mr. HOYER] was operating since that time. about a seat in Congress, although I absolutely correct when he said this As the gentleman from Kentucky tell my colleagues I love my seat and I has gone too far. It is time to end this [Mr. ROGERS] has mentioned, we are know how important that is. It is cru- investigation. It is undemocratic. Vote checking all names, and my colleagues cial because it speaks about a much against this rule. might be surprised at the results, since broader issue. And it is the treatment Mr. WALSH. Mr. Chairman, I yield all the discussion here has been about of a community. 31⁄2 minutes to the levelheaded and very those with Spanish surnames. The The last gentleman who spoke clear- fair-minded gentleman from Michigan number of Vietnamese names is very, ly said that other communities had [Mr. EHLERS], chairman of that House very large on the list in question, and been investigated but there are many task force. other nationalities appear as well. people who feel that the target was (Mr. EHLERS asked and was given It appears that there may have been specifically the Hispanic community permission to revise and extend his re- an organization in Orange County, that presents to some people a political marks.) which is why we are looking at all of threat. Mr. EHLERS. Mr. Chairman, I thank Orange County, that deliberately en- Let me also tell my colleagues that I the gentleman for yielding time to me. couraged noncitizens to register to come from a district in the Bronx Mr. Chairman, I am the chairman of vote. In other words, this organization where at times we hear and deal with the task force investigating this elec- may have been using noncitizens in information regarding people who are tion. I have to say that the comments citizenship classes and encouraging not in this country with documents, as I have heard from the other side of the them to register to vote before they some would say, illegal. Well, the fact aisle bear no resemblance whatsoever could legally do so. That is one area we of life is that their behavior is one of to the activity of the task force. are investigating. hiding in the shadows of society, of The point has been raised that the The problem we have encountered is never coming out in front. So the gentlewoman from California [Ms. that subpoenas issued to that organiza- whole idea that people in large num- SANCHEZ] won the election fair and tion and to the gentlewoman from Cali- bers were registered to vote to steal square. We have not in any way said fornia [Ms. SANCHEZ] and to other orga- this election goes, runs contrary to ev- that she had cheated in the election. nizations have not been honored. They erything we know about the behavior We are simply trying to determine if have not even responded to them. They of people who are not citizens yet. noncitizens voted in the election, and refuse to give the information. The Those people hide. We cannot get them that would be illegal if they did. But U.S. attorney has been asked to rule on sometimes into a clinic for help be- we are not saying that she instigated that and has not yet done so. But it ap- cause they are afraid somehow some- this in any way whatsoever. pears the only way we could get the in- body will find them out. That is a fact of life. I do not know b 1830 formation would be through committee subpoenas. We have not done that as where all of a sudden this one county I also point out that my parents were yet, but we may be forced to. came up with the boldest of undocu- immigrants. I grew up in an immigrant This is not a new type of attacks as mented aliens who now want to be out culture in a small town in Minnesota stated here. We are using the proce- front, sign up and be deported in the where a majority of people were immi- dures under the act as it was written process. grants. I would also point out that this by this Congress and signed into law. This is not the way it is. My side will Congress, the Republican majority, We are simply using them properly for vote against this bill tonight, and we seated the gentlewoman from Califor- the first time in the history of the act. will hope that in the process we will nia [Ms. SANCHEZ], which is a practice No one can accurately accuse us of sub- discuss other issues which will make it not followed by the Democrats in the verting the process in any way. easier for the gentleman from New case of a famous election in 1984 when Mr. SERRANO. Mr. Chairman, may I York [Mr. WALSH] and I to present next they did not seat Mr. McIntyre and inquire as to how much time remains? year’s bill and any changes thereof on eventually denied him a seat on very The CHAIRMAN. The gentleman this bill. poor grounds, and seated his opponent. from New York [Mr. SERRANO] has 41⁄2 Mr. Chairman, I yield back the bal- I would also point out that we have minutes remaining, and the gentleman ance of my time. not delayed in determining this. We are from New York [Mr. WALSH] has 31⁄2 Mr. WALSH. Mr. Chairman, I yield working as rapidly as possible. The minutes remaining. myself such time as I may consume. other task force on which I served in Mr. SERRANO. Mr. Chairman, I yield Mr. Chairman, we have heard an the previous session of Congress, that myself such time as I may consume. awful lot today about the contested of Mr. Charlie Rose of North Carolina, Let me once again extend my appre- race in southern California. That is an did not resolve the issue until Septem- ciation to the gentleman from New issue of obvious importance to many ber of the following year. We certainly York [Mr. WALSH], even during this de- but it has absolutely nothing to do hope to resolve this one before that bate, for the gentlemanly way in which with this bill. Our responsibility, the amount of time elapses. We are cer- he conducts himself and treats the gentleman from New York [Mr. tainly not dilly-dallying on this one, or Members on this side of the aisle. SERRANO] and mine, and our sub- delaying, or conducting an investiga- As I have said at the outset, it was committee’s and the Committee on Ap- tion of a type that has not been done difficult to stand up in opposition to propriations’ is to provide the re- before. this bill at first because of the fact sources that this body needs to func- A comment has been made that for that we understood well that outside tion. I think we have done that. the first time the committee has al- issues had come into play. But as we I think we have continued the trend lowed subpoenas to be issued. We did listened to this debate, I think we can toward cutting the budget, cutting ex- not allow them. Mr. Dornan read the come to the conclusion that, while penses, reducing staff, working smart- law and discovered that he could issue they may have started out as outside er, faster, better like American busi- them. So he proceeded to issue them. It issues, they are in fact very much a nesses have done to make them glob- was a question raised in court by the part of this bill because this bill sets ally competitive. We have continued Sanchez attorneys, and the court said: out to run the House, to pay the bills that trend. But our role ends there. We That is fine, Mr. Dornan can issue for the House, if you will. And when appropriate the funds to make sure those subpoenas under the law. those bills are paid to harass people that the legislative branch can do its July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5879 work. Then the legislative branch, the Mr. BLUMENAUER. Mr. Chairman, I am on a two-year plan to reduce GAO's budget. democratic process takes over. And the very pleased that the Subcommittee on Legis- As part of that agreement, GAO's budget has majority will prevails. In this case the lative Appropriations included report language been reduced by 25 percent and its staffing majority will is to proceed with this urging the Architect of the Capitol to conduct has dropped below 3,500Ðits lowest level in task force. The minority digresses from a feasibility study for the installation of ade- almost 60 years. These cuts have taken a that view. That is their right. They can quate shower and locker facilities for congres- heavy toll. Hiring and promotions have been say it as loud and as long as they like, sional staff. Currently, there are only 14 show- frozen for a long time. Staff reductions have but the fact is that when they were in er heads for more than 7,000 employees. diminished expertise in key areas. And need- the majority, their will prevailed and The employees of the House of Representa- ed investments in information technology have we expressed our reservations and they tives are one of the hardest working, most been placed on hold. Additional cuts now are continued on their path. dedicated corps of staff I have had the pleas- not only a violation of that agreement, they will The American public decided that ure to work with. House facilities are designed result in a loss of morale and a further loss in this party would have the majority for to cater to these long hours, with food service, staff expertise as the agency's future is cast in these 2 years and they would have the banks, post offices, a barber shop and a doubt. minority, that those are the facts. beauty salon available within the House com- Instead of pursuing this foolish course of ac- Our job today has nothing to do with plex so that errands can be taken care of with tion, the House should have honored the that. It is to provide the resources minimal time away from work. Adequate facili- agreement over funding for the GAO. It could needed for the legislative branch of ties to accommodate those who wish to exer- easily have made up for the revenue dif- Government. We have done that. We cise during the day or bike or run to work are ference by refusing to fund the Government have done a good job, and it has been a not perksÐthey are important in helping our Reform and Oversight's partisan witch-hunt bipartisan job and we should be proud employees become more efficient and effec- into campaign fundraising practices. The of that. There is plenty in this bill for tive and they could actually save us money. budget for that ``investigation'' is an extrava- all of us to support. Encouraging our employees to bike to work or gant waste of taxpayers' money. The Senate Mr. Chairman, I will finish by just exercise has several benefits: is doing a better, and fairer, job while the asking once again, reach across the Health and Productivity.ÐRecent studies House's investigation is in a shambles. We aisle, ask the Democratic Members of ranking adult physical activity levels in U.S. are wasting millions of dollars on a mistake- the Congress to set the issues aside, cities concluded that Washington, DC, has the plagued House investigation which duplicates once we have completed the work on highest per capita rate of sedentary adults in the more comprehensive and bipartisan efforts this bill, and vote bipartisanly for sup- the country. At the same time, we are learning of the Senate. Instead of funding partisan in- more every day about the importance of regu- port. vestigations in the Government Reform and lar exercise and its impacts on overall health, Mr. POSHARD. Mr. Chairman, I rise today Oversight Committee, let's give money to productivity, and longevity. I know many of our to register my strong opposition not only to the those that can really use it, the professional fellow Members believe they are more effec- FY 98 Legislative Branch Appropriations bill, auditors and investigators of the GAO. tive when they exercise regularlyÐI see them H.R. 2209, but to the way in which the Lead- The Senate has also taken a much wiser every day in the Members' locker room. ership of this House continues to thwart approach to GAO's funding, and kept faith progress and ignore fairness in order to ad- Time.ÐHow many people will sit in their cars this evening, stuck in traffic on their way with the agreement reached two years ago. By vance a partisan agenda. This has resulted in funding GAO at their requested level, the Sen- the Democrats being effectively shut out of to ride a stationary bike or run on a treadmill? Combining the daily commute with exercise is ate has provided less than a 2 percent in- what had the potential to be a legislative ses- crease; not enough for any staff or program sion characterized by bipartisanship and pro- an effective way to work out without taking extra time from already full days. Riding, skat- increases, just enough to continue current op- ductivity. erations at their present levels. In essence it I am particularly angered at what I feel is an ing, or running to work can actually take less time than driving from some parts of the Dis- is a cost of living increase. This is certainly the egregious waste of taxpayer money to fund in- least Congress should provide for the GAO, vestigative hearings designed to attack and in- trict. Showers would make it possible for staff to use these modes. our own investigative arm. The cuts in the timidate organized labor. The Speaker of the House bill are penny wise and pound foolish House has access to nearly $8 million, Congestion.ÐThe Washington metro area has some of the most congested roadways in because the GAO remains an excellent invest- euphemistically referred to as the ``Speaker's the country. Local traffic congestion may seem ment for the American taxpayer. The financial Reserve Fund,'' which is intended for use in like an intractable problem, but by making it benefits from its work in the last five years case of emergency. Yet $1.4 million of this possible for our employees to ride or run to alone total over $103 billion. slush fund was recently used to launch inves- work, or at least to avoid that extra trip to the If we in Congress are to continue doing our tigative hearings into labor activities, without health club, we can do something to relieve jobs well, we need a strong and effective Gen- the consultation of minority members of the traffic congestion. eral Accounting Office. I urge my colleagues House. I find this pattern of shutting out the A Harris Poll conducted in 1990 showed on the House Appropriations Committee to minority to be entirely mean-spirited, petty and that 43.5 percent of bike riders would ride to carefully consider these issues during the con- unfair to the American people, especially when work if trip-end facilitiesÐshowers, lockers, ference with the Senate on this bill. it is their hard-earned tax dollars that are and bike parkingÐwere available, and in my Mr. Chairman, I yield back the bal- being used to advance these partisan goals. district, where a 1992 survey found that 21 ance of my time. There is no excuse for circumventing the es- percent of bike riders would be motivated to The CHAIRMAN. Pursuant to the tablished and equitable procedures of the ride to work if they had showers and parking, rule, the bill is considered read for House, simply to avoid debate and discussion response to these improvements is enthusias- amendment under the 5-minute rule. of issues that deserve, and indeed require, tic. Private companies and public agencies The text of H.R. 2209 is as follows: such serious consideration and bipartisan de- around the country are retrofitting their build- H.R. 2209 bate. ings with these facilities to accommodate their Be it enacted by the Senate and House of Rep- The Republican attack on labor, and on the workers. We should acknowledge the wisdom resentatives of the United States of America in minority members of this House, has gone too of these companies and take up their exam- Congress assembled, That the following sums far, and I cannot support a bill to appropriate ple. are appropriated, out of any money in the funds which will allow this type of partisan, un- I look forward to working with the Office of Treasury not otherwise appropriated, for the warranted investigation to continue. It is cer- the Architect to design this study, and again I Legislative Branch for the fiscal year ending tainly unfortunate that such considerations thank the committee for their consideration. September 30, 1998, and for other purposes, namely: must continue to interfere with the business of Mr. BURTON of Indiana. Mr. Chairman, the the House, and I had held out great hope at legislative branch appropriations bill for fiscal TITLE I—CONGRESSIONAL OPERATIONS the beginning of the appropriations process year 1998 cuts the funding level for the Gen- HOUSE OF REPRESENTATIVES that we might be able to get our work done ef- eral Accounting Office by $9 million from the SALARIES AND EXPENSES fectively, efficiently and fairly. It saddens me fiscal year 1997 funding level. This cut is un- For salaries and expenses of the House of that this view has proven to be overly optimis- wise and unfair and should be reversed in Representatives, $708,738,000, as follows: tic. I will therefore be forced to vote against Conference. HOUSE LEADERSHIP OFFICES this bill, and I must urge my colleagues to do Two years ago, the GAO and House and For salaries and expenses, as authorized by the same. Senate Appropriators reached an agreement law, $12,293,000, including: Office of the H5880 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Speaker, $1,590,000, including $25,000 for offi- or unfavorable statements in the report shall tive Houses’ and’’ and inserting in lieu there- cial expenses of the Speaker; Office of the be expunged; for the Office of the Chaplain, of the following: ‘‘through ‘respective Majority Floor Leader, $1,626,000, including $133,000; for salaries and expenses of the Of- Houses’ the second place it appears and’’. $10,000 for official expenses of the Majority fice of the Parliamentarian, including the (b) The amendment made by subsection (a) Leader; Office of the Minority Floor Leader, Parliamentarian and $2,000 for preparing the shall take effect as of August 20, 1996. $1,652,000, including $10,000 for official ex- Digest of Rules, $1,101,000; for salaries and JOINT ITEMS penses of the Minority Leader; Office of the expenses of the Office of the Law Revision For Joint Committees, as follows: Majority Whip, including the Chief Deputy Counsel of the House, $1,821,000; for salaries JOINT ECONOMIC COMMITTEE Majority Whip, $1,024,000, including $5,000 for and expenses of the Office of the Legislative For salaries and expenses of the Joint Eco- official expenses of the Majority Whip; Office Counsel of the House, $4,827,000; for salaries nomic Committee, $2,750,000, to be disbursed of the Minority Whip, including the Chief and expenses of the Corrections Calendar Of- by the Secretary of the Senate. Deputy Minority Whip, $998,000, including fice, $791,000; and for other authorized em- JOINT COMMITTEE ON PRINTING $5,000 for official expenses of the Minority ployees, $780,000. For salaries and expenses of the Joint Whip; Speaker’s Office for Legislative Floor ALLOWANCES AND EXPENSES Activities, $397,000; Republican Steering Committee on Printing, $804,000, to be dis- For allowances and expenses as authorized Committee, $736,000; Republican Conference, bursed by the Secretary of the Senate. by House resolution or law, $127,756,000, in- $1,172,000; Democratic Steering and Policy JOINT COMMITTEE ON TAXATION cluding: supplies, materials, administrative Committee, $1,277,000; Democratic Caucus, For salaries and expenses of the Joint costs and Federal tort claims, $2,225,000; offi- $631,000; and nine minority employees, Committee on Taxation, $5,907,000, to be dis- cial mail for committees, leadership offices, $1,190,000. bursed by the Chief Administrative Officer of and administrative offices of the House, MEMBERS’ REPRESENTATIONAL ALLOWANCES the House. $500,000; Government contributions for For other joint items, as follows: INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL health, retirement, Social Security, and OFFICE OF THE ATTENDING PHYSICIAN EXPENSES OF MEMBERS, AND OFFICIAL MAIL other applicable employee benefits, For medical supplies, equipment, and con- For Members’ representational allowances, $124,390,000; and miscellaneous items includ- ing purchase, exchange, maintenance, repair tingent expenses of the emergency rooms, including Members’ clerk hire, official ex- and for the Attending Physician and his as- penses, and official mail, $379,789,000. and operation of House motor vehicles, inter- parliamentary receptions, and gratuities to sistants, including (1) an allowance of $1,500 COMMITTEE EMPLOYEES per month to the Attending Physician; (2) an heirs of deceased employees of the House, allowance of $500 per month each to two STANDING COMMITTEES, SPECIAL AND SELECT $641,000. medical officers while on duty in the Office For salaries and expenses of standing com- CHILD CARE CENTER mittees, special and select, authorized by of the Attending Physician; (3) an allowance For salaries and expenses of the House of House resolutions, $86,268,000: Provided, That of $500 per month to one assistant and $400 Representatives Child Care Center, such such amount (together with any amounts ap- per month each to not to exceed nine assist- amounts as are deposited in the account es- propriated for such salaries and expenses for ants on the basis heretofore provided for tablished by section 312(d)(1) of the Legisla- fiscal year 1997) shall remain available for such assistants; and (4) $893,000 for reim- tive Branch Appropriations Act, 1992 (40 such salaries and expenses until December bursement to the Department of the Navy U.S.C. 184g(d)(1)), subject to the level speci- for expenses incurred for staff and equipment 31, 1998. fied in the budget of the Center, as submit- assigned to the Office of the Attending Phy- COMMITTEE ON APPROPRIATIONS ted to the Committee on Appropriations of sician, which shall be advanced and credited For salaries and expenses of the Commit- the House of Representatives. to the appropriations from which such ex- tee on Appropriations, $18,276,000, including ADMINISTRATIVE PROVISIONS penses incurred for staff and equipment are studies and examinations of executive agen- payable and shall be available for all the SEC. 101. The provisions of House Resolu- cies and temporary personal services for purposes thereof, $1,266,000, to be disbursed tion 7, One Hundred Fifth Congress, agreed such committee, to be expended in accord- by the Chief Administrative Officer of the to January 7, 1997, establishing the Correc- ance with section 202(b) of the Legislative House. tions Calendar Office, shall be the permanent Reorganization Act of 1946 and to be avail- law with respect thereto. The provisions of CAPITOL POLICE BOARD able for reimbursement to agencies for serv- House Resolution 130, One Hundred Fifth CAPITOL POLICE ices performed: Provided, That such amount Congress, agreed to April 24, 1997, providing SALARIES (together with any amounts appropriated for a lump sum allowance for the Corrections such salaries and expenses for fiscal year For the Capitol Police Board for salaries of Calendar Office, shall be the permanent law 1997) shall remain available for such salaries officers, members, and employees of the Cap- with respect thereto. and expenses until December 31, 1998. itol Police, including overtime, hazardous SEC. 102. The funds and accounts specified duty pay differential, clothing allowance of SALARIES, OFFICERS AND EMPLOYEES in section 107(b) of the Legislative Branch not more than $600 each for members re- For compensation and expenses of officers Appropriations Act, 1996 (2 U.S.C. 123b note) quired to wear civilian attire, and Govern- and employees, as authorized by law, shall be treated as categories of allowances ment contributions for health, retirement, $84,356,000, including: for salaries and ex- and expenses for purposes of section 101(a) of Social Security, and other applicable em- penses of the Office of the Clerk, including the Legislative Branch Appropriations Act, ployee benefits, $70,955,000, of which not more than $3,500, of which not more than 1993 (2 U.S.C. 95b(a)). $34,118,000 is provided to the Sergeant at $2,500 is for the Family Room, for official SEC. 103. (a) Section 109(a) of the Legisla- Arms of the House of Representatives, to be representation and reception expenses, tive Branch Appropriations Act, 1996 (2 disbursed by the Chief Administrative Offi- $16,804,000; for salaries and expenses of the U.S.C. 60o(a)) is amended— cer of the House, and $36,837,000 is provided Office of the Sergeant at Arms, including the (1) in the matter preceding paragraph (1), to the Sergeant at Arms and Doorkeeper of position of Superintendent of Garages, and by striking ‘‘who is separated from employ- the Senate, to be disbursed by the Secretary including not more than $750 for official rep- ment,’’; of the Senate: Provided, That, of the amounts resentation and reception expenses, (2) in the matter preceding paragraph (1), appropriated under this heading, such $3,564,000; for salaries and expenses of the Of- by striking ‘‘employee’’ the second place it amounts as may be necessary may be trans- fice of the Chief Administrative Officer, appears and inserting ‘‘employee or for any ferred between the Sergeant at Arms of the $50,727,000, including $27,247,000 for salaries, other purpose’’; and House of Representatives and the Sergeant expenses and temporary personal services of (3) in paragraph (1)(B), by striking ‘‘the at Arms and Doorkeeper of the Senate, upon House Information Resources, of which amount’’ and inserting ‘‘in the case of a approval of the Committee on Appropria- $23,210,000 is provided herein: Provided, That lump sum payment for the accrued annual tions of the House of Representatives and of the amount provided for House Informa- leave of the employee, the amount’’. the Committee on Appropriations of the Sen- tion Resources, $8,253,000 shall be for net ex- (b) The amendments made by subsection ate. penses of telecommunications: Provided fur- (a) shall apply to fiscal years beginning on or GENERAL EXPENSES ther, That House Information Resources is after October 1, 1997. For the Capitol Police Board for necessary authorized to receive reimbursement from SEC. 104. (a) Section 104(c)(2) of the House expenses of the Capitol Police, including Members of the House of Representatives of Representatives Administrative Reform motor vehicles, communications and other and other governmental entities for services Technical Corrections Act (2 U.S.C. 92(c)(2)) equipment, security equipment and installa- provided and such reimbursement shall be is amended by striking ‘‘in the District of tion, uniforms, weapons, supplies, materials, deposited in the Treasury for credit to this Columbia’’. training, medical services, forensic services, account; for salaries and expenses of the Of- (b) The amendment made by subsection (a) stenographic services, personal and profes- fice of the Inspector General, $3,808,000, of shall apply with respect to fiscal years be- sional services, the employee assistance pro- which $1,000 shall be for the release of the In- ginning on or after October 1, 1997. gram, not more than $2,000 for the awards spector General’s Report on Management SEC. 105. (a) Section 204(11)(A) of the House program, postage, telephone service, travel and Financial Irregularities—Office of the of Representatives Administrative Reform advances, relocation of instructor and liai- Chief Administrative Office: Provided further, Technical Corrections Act (110 Stat. 1731) is son personnel for the Federal Law Enforce- That all names of persons making favorable amended by striking out ‘‘through ‘respec- ment Training Center, and $85 per month for July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5881 extra services performed for the Capitol Po- the case of an injury in the performance of hundred twenty days each, and not more lice Board by an employee of the Sergeant at duty; than ten additional individuals for not more Arms of the Senate or the House of Rep- (K) the use of accrued leave before termi- than six months each, for the Capitol Guide resentatives designated by the Chairman of nation of the employment as a member or ci- Service. the Board, $3,099,000, to be disbursed by the vilian employee of the Capitol Police, with STATEMENTS OF APPROPRIATIONS Chief Administrative Officer of the House of provision for lump sum payment for unused For the preparation, under the direction of Representatives: Provided, That, notwith- annual leave; and the Committees on Appropriations of the standing any other provision of law, the cost (L) a leave sharing program. Senate and the House of Representatives, of of basic training for the Capitol Police at the (2) The leave system under this section the statements for the first session of the Federal Law Enforcement Training Center may not provide for the accrual of either an- One Hundred Fifth Congress, showing appro- for fiscal year 1998 shall be paid by the Sec- nual or sick leave for any period of leave priations made, indefinite appropriations, retary of the Treasury from funds available without pay or leave with reduced pay. and contracts authorized, together with a to the Department of the Treasury. (3) All provisions of the leave system es- chronological history of the regular appro- tablished under this subsection shall be sub- ADMINISTRATIVE PROVISIONS priations bills as required by law, $30,000, to ject to the approval of the Committee on SEC. 106. Amounts appropriated for fiscal be paid to the persons designated by the House Oversight of the House of Representa- year 1998 for the Capitol Police Board for the chairmen of such committees to supervise tives and the Committee on Rules and Ad- Capitol Police may be transferred between the work. the headings ‘‘SALARIES’’ and ‘‘GENERAL EX- ministration of the Senate. All regulations OFFICE OF COMPLIANCE PENSES’’ upon the approval of— approved under this subsection shall have (1) the Committee on Appropriations of the the force and effect of law. SALARIES AND EXPENSES House of Representatives, in the case of (c)(1) Upon the approval of the Capitol Po- For salaries and expenses of the Office of amounts transferred from the appropriation lice Board, a member or civilian employee of Compliance, as authorized by section 305 of provided to the Sergeant at Arms of the the Capitol Police who is separated from the Congressional Accountability Act of 1995 House of Representatives under the heading service, may be paid a lump sum payment for (2 U.S.C. 1385), $2,479,000. ‘‘SALARIES’’; the accrued annual leave of the member or CONGRESSIONAL BUDGET OFFICE (2) the Committee on Appropriations of the civilian employee. Senate, in the case of amounts transferred (2) The lump sum payment under para- SALARIES AND EXPENSES from the appropriation provided to the Ser- graph (1)— For salaries and expenses necessary to geant at Arms and Doorkeeper of the Senate (A) shall equal the pay the member or ci- carry out the provisions of the Congressional under the heading ‘‘SALARIES’’; and vilian employee would have received had Budget Act of 1974 (Public Law 93–344), in- (3) the Committees on Appropriations of such member or employee remained in the cluding not more than $2,500 to be expended the Senate and the House of Representatives, service until the expiration of the period of on the certification of the Director of the in the case of other transfers. annual leave; Congressional Budget Office in connection SEC. 107. (a)(1) The Capitol Police Board (B) shall be paid from amounts appro- with official representation and reception shall establish and maintain unified sched- priated to the Capitol Police; expenses, $24,797,000: Provided, That no part ules of rates of basic pay for members and ci- (C) shall be based on the rate of basic pay of such amount may be used for the purchase vilian employees of the Capitol Police which in effect with respect to the member or civil- or hire of a passenger motor vehicle. shall apply to both members and employees ian employee on the last day of service of the ARCHITECT OF THE CAPITOL whose appointing authority is an officer of member or civilian employee; CAPITOL BUILDINGS AND GROUNDS the Senate and members and employees (D) shall not be calculated on the basis of whose appointing authority is an officer of extending the period of leave described under CAPITOL BUILDINGS the House of Representatives. subparagraph (A) by any holiday occurring SALARIES AND EXPENSES (2) The Capitol Police Board may, from after the date of separation from service; For salaries for the Architect of the Cap- time to time, adjust any schedule estab- (E) shall be considered pay for taxation itol, the Assistant Architect of the Capitol, lished under paragraph (1) to the extent that purposes only; and and other personal services, at rates of pay the Board determines appropriate to reflect (F) shall be paid only after the Chairman provided by law; for surveys and studies in changes in the cost of living and to maintain of the Capitol Police Board certifies the ap- connection with activities under the care of pay comparability. plicable period of leave to the Secretary of the Architect of the Capitol; for all nec- (3) A schedule established or revised under the Senate or the Chief Administrative Offi- essary expenses for the maintenance, care paragraph (1) or (2) shall take effect only cer of the House of Representatives, as ap- and operation of the Capitol and electrical upon approval by the Committee on House propriate. substations of the Senate and House office Oversight of the House of Representatives (3) A member or civilian employee of the buildings under the jurisdiction of the Archi- and the Committee on Rules and Adminis- Capitol Police who enters active duty in the tect of the Capitol, including furnishings and tration of the Senate. armed forces may— office equipment, including not more than (4) A schedule approved under paragraph (A) receive a lump sum payment for ac- $1,000 for official reception and representa- (3) shall have the force and effect of law. (b)(1) The Capitol Police Board shall pre- crued annual leave in accordance with this tion expenses, to be expended as the Archi- scribe, by regulation, a unified leave system subsection, in addition to any pay or allow- tect of the Capitol may approve; for purchase for members and civilian employees of the ance payable from the armed forces; or or exchange, maintenance and operation of a Capitol Police which shall apply to both (B) elect to have the leave remain to the passenger motor vehicle; and for attendance, members and employees whose appointing credit of such member or civilian employee when specifically authorized by the Archi- authority is an officer of the Senate and until such member or civilian employee re- tect of the Capitol, at meetings or conven- members and employees whose appointing turns from active duty. tions in connection with subjects related to authority is an officer of the House of Rep- (4) The Capitol Police Board may prescribe work under the Architect of the Capitol, resentatives. The leave system shall include regulations to carry out this subsection. No $36,827,000, of which $6,450,000 shall remain provisions for— lump sum payment may be paid under this available until expended. (A) annual leave, based on years of service; subsection until such regulations are ap- CAPITOL GROUNDS proved by the Committee on Rules and Ad- (B) sick leave; For all necessary expenses for care and im- ministration of the Senate and the Commit- (C) administrative leave; provement of grounds surrounding the Cap- tee on House Oversight of the House of Rep- (D) leave under the Family and Medical itol, the Senate and House office buildings, resentatives. All regulations approved under Leave Act of 1993 (29 U.S.C. 2601 et seq.); and the Capitol Power Plant, $4,991,000, of this subsection shall have the force and ef- (E) leave without pay and leave with re- which $25,000 shall remain available until ex- fect of law. duced pay, including provisions relating to pended. (d) Nothing in this section shall be con- contributions for benefits for any period of strued to affect the appointing authority of HOUSE OFFICE BUILDINGS such leave; any officer of the Senate or the House of For all necessary expenses for the mainte- (F) approval of all leave by the Chief or the Representatives. nance, care and operation of the House office designee of the Chief; buildings, $37,181,000, of which $8,082,000 shall (G) the order in which categories of leave CAPITOL GUIDE SERVICE AND SPECIAL remain available until expended. shall be used; SERVICES OFFICE (H) use, accrual, and carryover rules and For salaries and expenses of the Capitol CAPITOL POWER PLANT limitations, including rules and limitations Guide Service and Special Services Office, For all necessary expenses for the mainte- for any period of active duty in the armed $1,991,000, to be disbursed by the Secretary of nance, care and operation of the Capitol forces; the Senate: Provided, That no part of such Power Plant; lighting, heating, power (in- (I) advance of annual leave or sick leave amount may be used to employ more than cluding the purchase of electrical energy) after a member or civilian employee has forty individuals: Provided further, That the and water and sewer services for the Capitol, used all such accrued leave; Capitol Guide Board is authorized, during Senate and House office buildings, Library of (J) buy back of annual leave or sick leave emergencies, to employ not more than two Congress buildings, and the grounds about used during an extended recovery period in additional individuals for not more than one the same, Botanic Garden, Senate garage, H5882 CONGRESSIONAL RECORD — HOUSE July 28, 1997 and air conditioning refrigeration not sup- senger motor vehicle; all under the direction ADMINISTRATIVE PROVISIONS plied from plants in any of such buildings; of the Joint Committee on the Library, SEC. 201. Appropriations in this Act avail- heating the Government Printing Office and $1,771,000. able to the Library of Congress shall be Washington City Post Office, and heating LIBRARY OF CONGRESS available, in an amount of not more than and chilled water for air conditioning for the SALARIES AND EXPENSES $194,290, of which $58,100 is for the Congres- Supreme Court Building, the Union Station sional Research Service, when specifically complex, the Thurgood Marshall Federal Ju- For necessary expenses of the Library of Congress not otherwise provided for, includ- authorized by the Librarian, for attendance diciary Building and the Folger Shakespeare at meetings concerned with the function or Library, expenses for which shall be ad- ing development and maintenance of the Union Catalogs; custody and custodial care activity for which the appropriation is made. vanced or reimbursed upon request of the Ar- SEC. 202. (a) No part of the funds appro- chitect of the Capitol and amounts so re- of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; priated in this Act shall be used by the Li- ceived shall be deposited into the Treasury brary of Congress to administer any flexible to the credit of this appropriation, preservation of motion pictures in the cus- tody of the Library; operation and mainte- or compressed work schedule which— $32,032,000, of which $550,000 shall remain (1) applies to any manager or supervisor in available until expended: Provided, That not nance of the American Folklife Center in the Library; preparation and distribution of a position the grade or level of which is more than $4,000,000 of the funds credited or equal to or higher than GS–15; and to be reimbursed to this appropriation as catalog records and other publications of the Library; hire or purchase of one passenger (2) grants such manager or supervisor the herein provided shall be available for obliga- right to not be at work for all or a portion tion during fiscal year 1998. motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly of a workday because of time worked by the LIBRARY OF CONGRESS chargeable to the income of any trust fund manager or supervisor on another workday. CONGRESSIONAL RESEARCH SERVICE held by the Board, $223,507,000, of which not (b) For purposes of this section, the term SALARIES AND EXPENSES more than $7,869,000 shall be derived from ‘‘manager or supervisor’’ means any manage- ment official or supervisor, as such terms are For necessary expenses to carry out the collections credited to this appropriation defined in section 7103(a) (10) and (11) of title provisions of section 203 of the Legislative during fiscal year 1998, and shall remain 5, United States Code. Reorganization Act of 1946 (2 U.S.C. 166) and available until expended, under the Act of SEC. 203. Appropriated funds received by to revise and extend the Annotated Constitu- June 28, 1902 (chapter 1301; 32 Stat. 480; 2 the Library of Congress from other Federal tion of the United States of America, U.S.C. 150): Provided, That the Library of agencies to cover general and administrative $64,603,000: Provided, That no part of such Congress may not obligate or expend any overhead costs generated by performing re- amount may be used to pay any salary or ex- funds derived from collections under the Act imbursable work for other agencies under pense in connection with any publication, or of June 28, 1902, in excess of the amount au- the authority of 31 U.S.C. 1535 and 1536 shall preparation of material therefor (except the thorized for obligation or expenditure in ap- not be used to employ more than 65 employ- Digest of Public General Bills), to be issued propriations Acts: Provided further, That the ees and may be expended or obligated— by the Library of Congress unless such publi- total amount available for obligation shall (1) in the case of a reimbursement, only to cation has obtained prior approval of either be reduced by the amount by which collec- such extent or in such amounts as are pro- the Committee on House Oversight of the tions are less than the $7,869,000: Provided vided in appropriations Acts; or House of Representatives or the Committee further, That of the total amount appro- (2) in the case of an advance payment, on Rules and Administration of the Senate: priated, $8,845,000 is to remain available until only— Provided further, That, notwithstanding any expended for acquisition of books, periodi- (A) to pay for such general or administra- other provision of law, the compensation of cals, newspapers, and all other materials in- tive overhead costs as are attributable to the the Director of the Congressional Research cluding subscriptions for bibliographic serv- work performed for such agency; or Service, Library of Congress, shall be at an ices for the Library, including $40,000 to be (B) to such extent or in such amounts as annual rate which is equal to the annual rate available solely for the purchase, when spe- are provided in appropriations Acts, with re- of basic pay for positions at level IV of the cifically approved by the Librarian, of spe- spect to any purpose not allowable under Executive Schedule under section 5315 of cial and unique materials for additions to subparagraph (A). title 5, United States Code. the collections. SEC. 204. Of the amounts appropriated to COPYRIGHT OFFICE GOVERNMENT PRINTING OFFICE the Library of Congress in this Act, not more CONGRESSIONAL PRINTING AND BINDING SALARIES AND EXPENSES than $5,000 may be expended, on the certifi- (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Copyright cation of the Librarian of Congress, in con- For authorized printing and binding for the Office, including publication of the decisions nection with official representation and re- Congress and the distribution of Congres- of the United States courts involving copy- ception expenses for the incentive awards sional information in any format; printing rights, $34,361,000, of which not more than program. and binding for the Architect of the Capitol; $17,340,000 shall be derived from collections SEC. 205. Of the amount appropriated to the expenses necessary for preparing the semi- credited to this appropriation during fiscal Library of Congress in this Act, not more monthly and session index to the Congres- year 1998 under 17 U.S.C. 708(d), and not more than $12,000 may be expended, on the certifi- sional Record, as authorized by law (44 than $5,086,000 shall be derived from collec- cation of the Librarian of Congress, in con- U.S.C. 902); printing and binding of Govern- tions during fiscal year 1998 under 17 U.S.C. nection with official representation and re- ment publications authorized by law to be 111(d)(2), 119(b)(2), 802(h), and 1005: Provided, ception expenses for the Overseas Field Of- distributed to Members of Congress; and That the total amount available for obliga- fices. printing, binding, and distribution of Gov- tion shall be reduced by the amount by SEC. 206. (a) For fiscal year 1998, the ernment publications authorized by law to which collections are less than $22,426,000: obligational authority of the Library of Con- be distributed without charge to the recipi- Provided further, That not more than $100,000 gress for the activities described in sub- ent, $81,669,000, of which $11,017,000 shall be of the amount appropriated is available for section (b) may not exceed $97,490,000. derived by transfer from the Government the maintenance of an ‘‘International Copy- (b) The activities referred to in subsection Printing Office revolving fund under section right Institute’’ in the Copyright Office of (a) are reimbursable and revolving fund ac- 309 of title 44, United States Code: Provided, the Library of Congress for the purpose of tivities that are funded from sources other That this appropriation shall not be avail- training nationals of developing countries in than appropriations to the Library in appro- able for paper copies of the permanent edi- intellectual property laws and policies: Pro- priations Acts for the legislative branch. tion of the Congressional Record for individ- vided further, That not more than $2,250 may ARCHITECT OF THE CAPITOL be expended, on the certification of the Li- ual Representatives, Resident Commis- LIBRARY BUILDINGS AND GROUNDS sioners or Delegates authorized under 44 brarian of Congress, in connection with offi- STRUCTURAL AND MECHANICAL CARE U.S.C. 906: Provided further, That this appro- cial representation and reception expenses priation shall be available for the payment for activities of the International Copyright For all necessary expenses for the mechan- of obligations incurred under the appropria- Institute. ical and structural maintenance, care and tions for similar purposes for preceding fis- BOOKS FOR THE BLIND AND PHYSICALLY operation of the Library buildings and cal years. HANDICAPPED grounds, $10,073,000, of which $710,000 shall re- This title may be cited as the ‘‘Congres- SALARIES AND EXPENSES main available until expended. sional Operations Appropriations Act, 1998’’. For salaries and expenses to carry out the GOVERNMENT PRINTING OFFICE TITLE II—OTHER AGENCIES Act of March 3, 1931 (chapter 400; 46 Stat. OFFICE OF SUPERINTENDENT OF DOCUMENTS BOTANIC GARDEN 1487; 2 U.S.C. 135a), $45,936,000, of which SALARIES AND EXPENSES SALARIES AND EXPENSES $12,319,000 shall remain available until ex- For expenses of the Office of Superintend- For all necessary expenses for the mainte- pended. ent of Documents necessary to provide for nance, care and operation of the Botanic FURNITURE AND FURNISHINGS the cataloging and indexing of Government Garden and the nurseries, buildings, grounds, For necessary expenses for the purchase publications and their distribution to the and collections; and purchase and exchange, and repair of furniture, furnishings, office public, Members of Congress, other Govern- maintenance, repair, and operation of a pas- and library equipment, $4,178,000. ment agencies, and designated depository July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5883 and international exchange libraries as au- further, That an additional amount of equipment and products purchased with thorized by law, $29,264,000: Provided, That $4,404,000 shall be made available by transfer funds made available in this Act should be travel expenses, including travel expenses of from funds previously deposited in the spe- American-made. the Depository Library Council to the Public cial account established pursuant to 31 (b) In providing financial assistance to, or Printer, shall not exceed $150,000: Provided U.S.C. 782: Provided further, That notwith- entering into any contract with, any entity further, That amounts of not more than standing 31 U.S.C. 9105 hereafter amounts re- using funds made available in this Act, the $2,000,000 from current year appropriations imbursed to the Comptroller General pursu- head of each Federal agency, to the greatest are authorized for producing and disseminat- ant to that section shall be deposited to the extent practicable, shall provide to such en- ing Congressional serial sets and other relat- appropriation of the General Accounting Of- tity a notice describing the statement made ed publications for 1996 and 1997 to deposi- fice and remain available until expended, in subsection (a) by the Congress. tory and other designated libraries. and not more than $2,000,000 of such funds (c) If it has been finally determined by a GOVERNMENT PRINTING OFFICE REVOLVING shall be available for use in fiscal year 1998: court or Federal agency that any person in- FUND Provided further, That this appropriation and tentionally affixed a label bearing a ‘‘Made appropriations for administrative expenses The Government Printing Office is hereby in America’’ inscription, or any inscription of any other department or agency which is authorized to make such expenditures, with- with the same meaning, to any product sold a member of the Joint Financial Manage- in the limits of funds available and in accord in or shipped to the United States that is not ment Improvement Program (JFMIP) shall with the law, and to make such contracts made in the United States, such person shall be available to finance an appropriate share and commitments without regard to fiscal be ineligible to receive any contract or sub- of JFMIP costs as determined by the JFMIP, year limitations as provided by section 9104 contract made with funds provided pursuant including the salary of the Executive Direc- of title 31, United States Code, as may be to this Act, pursuant to the debarment, sus- tor and secretarial support: Provided further, necessary in carrying out the programs and pension, and ineligibility procedures de- That this appropriation and appropriations purposes set forth in the budget for the cur- scribed in section 9.400 through 9.409 of title for administrative expenses of any other de- rent fiscal year for the Government Printing 48, Code of Federal Regulations. partment or agency which is a member of Office revolving fund: Provided, That not SEC. 306. Such sums as may be necessary the National Intergovernmental Audit more than $2,500 may be expended on the cer- are appropriated to the account described in Forum or a Regional Intergovernmental tification of the Public Printer in connection subsection (a) of section 415 of Public Law Audit Forum shall be available to finance an with official representation and reception 104–1 to pay awards and settlements as au- appropriate share of Forum costs as deter- expenses: Provided further, That the revolv- thorized under such subsection. mined by the Forum, including necessary ing fund shall be available for the hire or SEC. 307. Amounts available for adminis- travel expenses of non-Federal participants. purchase of not more than twelve passenger trative expenses of any legislative branch Payments hereunder to either the Forum or motor vehicles: Provided further, That ex- entity which participates in the Legislative the JFMIP may be credited as reimburse- penditures in connection with travel ex- Branch Financial Managers Council ments to any appropriation from which costs penses of the advisory councils to the Public (LBFMC) established by charter on March 26, involved are initially financed: Provided fur- Printer shall be deemed necessary to carry 1996, shall be available to finance an appro- ther, That this appropriation and appropria- out the provisions of title 44, United States priate share of LBFMC costs as determined tions for administrative expenses of any Code: Provided further, That the revolving by the LBFMC, except that the total LBFMC other department or agency which is a mem- fund shall be available for temporary or costs to be shared among all participating ber of the American Consortium on Inter- intermittent services under section 3109(b) of legislative branch entities (in such alloca- national Public Administration (ACIPA) title 5, United States Code, but at rates for tions among the entities as the entities may shall be available to finance an appropriate individuals not more than the daily equiva- determine) may not exceed $1,500. share of ACIPA costs as determined by the lent of the annual rate of basic pay for level SEC. 308. (a) Section 713(a) of title 18, Unit- ACIPA, including any expenses attributable V of the Executive Schedule under section ed States Code, is amended by inserting after to membership of ACIPA in the Inter- 5316 of such title: Provided further, That the ‘‘Senate,’’ the following: ‘‘or the seal of the national Institute of Administrative revolving fund and the funds provided under United States House of Representatives, or Sciences. the headings ‘‘OFFICE OF SUPERINTENDENT OF the seal of the United States Congress,’’. DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ TITLE III—GENERAL PROVISIONS (b) Section 713 of title 18, United States together may not be available for the full- SEC. 301. No part of the funds appropriated Code, is amended— time equivalent employment of more than in this Act shall be used for the maintenance (1) by redesignating subsection (d) as sub- 3,550 workyears: Provided further, That ac- or care of private vehicles, except for emer- section (f); and tivities financed through the revolving fund gency assistance and cleaning as may be pro- (2) by inserting after subsection (c) the fol- may provide information in any format: Pro- vided under regulations relating to parking lowing new subsections: vided further, That the revolving fund shall facilities for the House of Representatives is- ‘‘(d) Whoever, except as directed by the not be used to administer any flexible or sued by the Committee on House Oversight United States House of Representatives, or compressed work schedule which applies to and for the Senate issued by the Committee the Clerk of the House of Representatives on any manager or supervisor in a position the on Rules and Administration. its behalf, knowingly uses, manufactures, re- grade or level of which is equal to or higher SEC. 302. No part of the funds appropriated produces, sells or purchases for resale, either than GS–15: Provided further, That expenses in this Act shall remain available for obliga- separately or appended to any article manu- for attendance at meetings shall not exceed tion beyond fiscal year 1998 unless expressly factured or sold, any likeness of the seal of $75,000. so provided in this Act. the United States House of Representatives, or any substantial part thereof, except for GENERAL ACCOUNTING OFFICE SEC. 303. Whenever in this Act any office or position not specifically established by the manufacture or sale of the article for the of- SALARIES AND EXPENSES Legislative Pay Act of 1929 is appropriated ficial use of the Government of the United For necessary expenses of the General Ac- for or the rate of compensation or designa- States, shall be fined under this title or im- counting Office, including not more than tion of any office or position appropriated prisoned not more than six months, or both. $7,000 to be expended on the certification of for is different from that specifically estab- ‘‘(e) Whoever, except as directed by the the Comptroller General of the United States lished by such Act, the rate of compensation United States Congress, or the Secretary of in connection with official representation and the designation in this Act shall be the the Senate and the Clerk of the House of and reception expenses; temporary or inter- permanent law with respect thereto: Pro- Representatives, acting jointly on its behalf, mittent services under section 3109(b) of title vided, That the provisions in this Act for the knowingly uses, manufactures, reproduces, 5, United States Code, but at rates for indi- various items of official expenses of Mem- sells or purchases for resale, either sepa- viduals not more than the daily equivalent bers, officers, and committees of the Senate rately or appended to any article manufac- of the annual rate of basic pay for level IV of and House of Representatives, and clerk hire tured or sold, any likeness of the seal of the the Executive Schedule under section 5315 of for Senators and Members of the House of United States Congress, or any substantial such title; hire of one passenger motor vehi- Representatives shall be the permanent law part thereof, except for manufacture or sale cle; advance payments in foreign countries with respect thereto. of the article for the official use of the Gov- in accordance with 31 U.S.C. 3324; benefits SEC. 304. The expenditure of any appropria- ernment of the United States, shall be fined comparable to those payable under sections tion under this Act for any consulting serv- under this title or imprisoned not more than 901(5), 901(6) and 901(8) of the Foreign Service ice through procurement contract, pursuant six months, or both.’’. Act of 1980 (22 U.S.C. 4081(5), 4081(6) and to 5 U.S.C. 3109, shall be limited to those (c) Section 713(f) of title 18, United States 4081(8)); and under regulations prescribed by contracts where such expenditures are a Code (as redesignated by subsection (b)(1)), is the Comptroller General of the United matter of public record and available for amended— States, rental of living quarters in foreign public inspection, except where otherwise (1) by striking ‘‘and’’ at the end of para- countries; $323,520,000: Provided, That not provided under existing law, or under exist- graph (1); more than $1,000,000 of reimbursements re- ing Executive order issued pursuant to exist- (2) by striking the period at the end of ceived incident to the operation of the Gen- ing law. paragraph (2) and inserting a semicolon; and eral Accounting Office Building shall be SEC. 305. (a) It is the sense of the Congress (3) by adding at the end the following new available for use in fiscal year 1998: Provided that, to the greatest extent practicable, all paragraphs: H5884 CONGRESSIONAL RECORD — HOUSE July 28, 1997 ‘‘(3) in the case of the seal of the United the equipment to a public elementary or sec- There was no objection. States House of Representatives, upon com- ondary school of the District of Columbia Mr. SERRANO. Mr. Chairman, I yield plaint by the Clerk of the House of Rep- without regard to whether the donation myself such time as I may consume. I resentatives; and meets the requirements of the second sen- think it is a wonderful amendment. I ‘‘(4) in the case of the seal of the United tence of paragraph (2), except that the total States Congress, upon complaint by the Sec- number of workstations donated as a result would like, however, if possible to ask retary of the Senate and the Clerk of the of this paragraph may not exceed 1,000. the chairman of the subcommittee, the House of Representatives, acting jointly.’’. ‘‘(B) In this paragraph— gentleman from New York [Mr. (d) The heading of section 713 of title 18, ‘‘(i) the term ‘computer-related equipment’ WALSH], if he would allow me to ask United States Code, is amended by striking includes desktops, laptops, printers, file him a question. I am very much in ‘‘and the seal of the United States Senate’’ servers, and peripherals which are appro- favor of this notion and I am very and inserting the following: ‘‘the seal of the priate for use in public school education; ‘‘(ii) the terms ‘public elementary school’ much supportive of it. But, as we United States Senate, the seal of the United know, in the past I have discussed the States House of Representatives, and the seal and ‘public secondary school’ have the mean- of the United States Congress’’. ing given such terms in section 14101 of the possibility of Members being able to do (e) The table of sections for chapter 33 of Elementary and Secondary Education Act of this in their own districts. I would part I of title 18, United States Code, is 1965; and hope that we do this as a 1-year situa- ‘‘(iii) the term ‘workstation’ includes amended by amending the item relating to tion, which I support wholeheartedly desktops and peripherals, file servers and pe- section 713 to read as follows: ripherals, laptops and peripherals, printers and that next year the subcommittee and peripherals, and workstations and pe- look at possibilities, that Members in ‘‘713. Use of likenesses of the great seal of ripherals. their own districts can accomplish the United States, the seals of ‘‘(C) The Committee on House Oversight what the gentleman from Virginia [Mr. the President and Vice Presi- shall have authority to issue regulations to DAVIS] is accomplishing for the great dent, the seal of the United carry out this paragraph.’’. city of Washington, DC. States Senate, the seal of the The CHAIRMAN. Pursuant to House United States House of Rep- Mr. WALSH. Mr. Chairman, will the resentatives, and the seal of the Resolution 197, the gentleman from gentleman yield? United States Congress.’’. Virginia [Mr. DAVIS] and a Member op- Mr. SERRANO. I yield to the gen- This Act may be cited as the ‘‘Legislative posed, each will control 5 minutes. tleman from New York. Branch Appropriations Act, 1998’’. The Chair recognizes the gentleman Mr. WALSH. Mr. Chairman, I think The CHAIRMAN. No amendment from Virginia [Mr. DAVIS]. it is a very good amendment. I think shall be in order except those printed Mr. DAVIS of Virginia. Mr. Chair- the gentleman’s amendment has merit. in House Report 105–202, which may be man, I yield myself such time as I may I would certainly support it. I am de- offered only in the order specified, may consume. lighted that in my role as chairman of This amendment is fairly simple and be offered only by a Member designated the Subcommittee on Legislative I am straightforward. The schools in our Na- in the report, shall be considered read, still able to reach back and help out tion’s Capital are in a state of crisis. my former constituents in the District shall be debated for the time specified The dropout rate in the school system in the report, equally divided and con- of Columbia. is over 40 percent. We have a very low In response to the gentleman’s ques- trolled by the proponent and an oppo- percentage of these students going on nent, shall not be subject to amend- tion, this is something that we have to college. There are safety issues and talked about, that we both support the ment except as specified in the report management issues, but worst of all concept of allowing Members to use and shall not be subject to a demand there is a technology revolution that is their used equipment in their district for division of the question. engulfing the beltway, creating thou- offices to provide to local school dis- The Chairman of the Committee of sands and thousands of jobs in the tricts. I am sure the Committee on the Whole may postpone a request for a Metro D.C. area and the District of Co- House Oversight would like to take a recorded vote on any amendment and lumbia. And the students who come look at this before we appropriators may reduce to a minimum of 5 minutes out of its public schools have not really try to make a determination, but I the time for voting on any postponed been able to participate in a meaning- would certainly go with the gentleman question that immediately follows an- ful way in this revolution. other vote, provided that the time for This amendment addresses this from New York to the chairman and voting on the first question shall be a human tragedy by making surplus con- members of the House oversight sub- minimum of 15 minutes. gressional information technology committee and urge that this be con- It is now in order to consider amend- equipment available at no cost to the sidered very strongly for next year. ment No. 1 printed in House Report city’s public elementary and secondary Mr. SERRANO. Mr. Chairman, I re- 105–202. schools. Specifically the amendment serve the balance of my time. AMENDMENT NO. 1 OFFERED BY MR. DAVIS OF would authorize the Chief Administra- Mr. DAVIS of Virginia. Mr. Chair- VIRGINIA tive Officer of the House to transfer man, I yield 2 minutes to the gentle- Mr. DAVIS of Virginia. Mr. Chair- surplus equipment without charge to woman from the District of Columbia man, I offer an amendment. the District of Columbia public school [Ms. NORTON]. The CHAIRMAN. The Clerk will des- system during fiscal year 1998. Ms. NORTON. Mr. Chairman, I thank ignate the amendment. My amendment is limited to the Dis- the gentleman for yielding me the The text of the amendment is as fol- trict of Columbia schools because of time, and I thank the chairman and lows: the special responsibility that the Con- the ranking member of the subcommit- Amendment No. 1 offered by Mr. DAVIS of gress has to the residents of this Fed- tee for their generosity. Virginia: eral District under the Constitution. I do not think we have to look far to Page 8, insert after line 5 the following new The Committee on Rules has made this see the crying need for the gentleman’s section: in order. I hope my colleagues will sup- amendment. I especially appreciate SEC. 106. Section 104(a) of the Legislative that in his role as chairman of the D.C. Branch Appropriations Act, 1987 (as incor- port it. We have other Members who would like to address it. committee he has looked far and wide porated by reference in section 101(j) of Pub- and always dealt with the District in a lic Law 99–500 and Public Law 99–591) (2 Mr. Chairman, I reserve the balance U.S.C. 117e) is amended— of my time. bipartisan manner. I would like to (1) in the second sentence of paragraph (2), The CHAIRMAN. Does any Member make a suggestion to the ranking by striking ‘‘A donation’’ and inserting ‘‘Ex- seek time in opposition to the Davis member because I can understand his cept as provided in paragraph (3), a dona- amendment? concern as well. As to these computers tion’’; Mr. SERRANO. I do, Mr. Chairman, in the District of Columbia, the cost of (2) by redesignating paragraphs (3) and (4) not in opposition. shipping will probably be more than as paragraphs (4) and (5); and The CHAIRMAN. Without objection, the computers would be worth, but (3) by inserting after paragraph (2) the fol- lowing new paragraph: the gentleman from New York [Mr. there are Federal agencies in all the ‘‘(3)(A) In the case of computer-related SERRANO] is recognized for 5 minutes large cities; and it seems to me the equipment, during fiscal year 1998 the Chief and may proceed in support of the same kind of situation could be worked Administrative Officer may donate directly amendment. out with the Federal agencies in cities July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5885 like New York who would also have, it allow the city of Washington, DC, the dropped out or left the school system after seems to me, excess technology equip- District of Columbia and the students 10th grade. The cumulative grade point aver- ment of this kind. It said that the Dis- therein, to share in the economic bene- age for current 12th grade students is 1.5 on trict needs a billion dollars in school fits of this region and to allow them to a 4.0 scale, and wide disparities exist in stu- repairs. be trained to fill some of these jobs. dent performances among wards. In that respect, it is clear that we I think it is a good amendment. I Information technology can excite young will not get to computers for an aw- thank very much the chairman of the minds and provide all children in the District fully long time. Bell Atlantic is wiring committee for allowing us to offer this, access to the same rich learning resources, the schools of the District free. That the gentlewoman from the District of regardless of where they live. Telecommuni- will be done by April. General Becton Columbia [Ms. NORTON], the gentleman cations would close the gap between the have in his budget this year asked for $20 from Florida [Mr. FOLEY], who has and have-not communities within the District million for technology, and of course it helped in arranging this as well, and I and help provide a level playing field for all had to be cut. The District came into hope my colleagues will support it. students to utilize the information super- compliance a year ahead of time, into The District of Columbia public schools are highway. In a nation rich in information, teach- balance a year ahead of time in order in desperate need of information technology ers, and students in the D.C. public schools to qualify for the President’s plan to infrastructure in their classrooms. By support- can no longer rely on the skills of the industrial relieve it of some State functions. ing the Davis of Virginia amendment to the age. b 1845 legislative branch appropriations bill, sched- I applaud Congressman DAVIS for his efforts uled for consideration this evening. Congress to bring technology into D.C. classrooms in a While the District is getting its act will allow hundreds of surplus computers, direct and efficient manner, and I urge a ``yes'' together, I do not think that the chil- printers, modems, and other IT equipment to vote on the Davis amendment. dren should suffer. The Speaker has be donated to the D.C. public schools. The CHAIRMAN. The question is on said that if we put a lap-top in the lap This amendment authorizes the Chief Ad- the amendment offered by the gen- of every kid in the city, we would see ministrative Officer [CAO] of the House to tleman from Virginia [Mr. DAVIS]. changes, if not overnight, then very transfer surplus computer equipment to ele- The amendment was agreed to. soon. mentary and secondary D.C. public schools The CHAIRMAN. It is now in order to The gentleman from Virginia is during fiscal year 1998. Current laws constrain consider amendment No. 2 printed in clearly trying to get us close to that by the donation of surplus equipment, allowing House Report 105–202. at least putting a computer in every disposal only through the General Services AMENDMENT NO. 2 OFFERED BY MR. FAZIO OF school. I thank him for it, and I urge Administration [GSA] except for equipment CALIFORNIA this amendment be adopted. with no recoverable value. The CAO estimates Mr. FAZIO of California. Mr. Chair- Mr. DAVIS of Virginia. Mr. Chair- that there are hundreds of high end comput- man, I offer an amendment. man, I yield 1 minute to the gentleman ers, printers, and modems currently available The CHAIRMAN. The Clerk will des- from California [Mr. CUNNINGHAM]. for use but not needed by the Congress or ignate the amendment. Mr. CUNNINGHAM. Mr. Chairman, I GSA. While the Senate Sergeant at Arms and The text of the amendment is as fol- want to compliment the gentlewoman Doorkeeper have successfully donated surplus lows: from the District of Columbia. computers and related equipment to the Amendment No. 2 offered by Mr. FAZIO of We can support this right now, for all schools, the House lags far behind. To the California: States, for all congressional districts, thousands of D.C. students, 40 percent of Page 8, line 18, strike ‘‘5,907,000’’ and insert but just in a little different way. The whom are at risk of dropping out of school, ‘‘$5,624,000’’. Century 21 high-technology bill, which this equipment correlates into more effective The CHAIRMAN. Pursuant to House is in the budget under Ways and Means, and dynamic learning opportunities. Resolution 197, the gentleman from today the President is looking at it and The Congress has a unique constitutional California [Mr. FAZIO] and a Member he accepts some portions of that. relationship to the District of Columbia. Sup- opposed each will control 15 minutes. Right now he is insisting that all $35 porting the Davis amendment to the legislative The Chair recognizes the gentleman billion go toward higher postsecondary branch appropriations bill is a direct and effi- from California [Mr. FAZIO]. education. If that is the case, this will cient method that will inject much needed Mr. FAZIO of California. Mr. Chair- be cut out of all of our districts, and it technology into the D.C. public schools. man, I yield myself such time as I may is one in which we accommodate indus- Speaker GINGRICH, Representatives MARK consume. I rise in support of this try that develops and puts into the FOLEY, JOHN BOEHNER, and ELEANOR HOLMES amendment to freeze positions at the classrooms high-technology equipment NORTON have all been extremely helpful in Joint Committee on Taxation. like computers, like scientific gear. moving this concept forward. My colleagues, I am sure, remember The next phase of this, I think, I thank my colleague, for their support of that the regular committee funding should be the libraries, and we are ask- this commonsense measure. resolution managed by the Committee ing for just a small portion of that $35 Mrs. MORELLA. Mr. Chairman, as a long- on House Oversight was a source of billion goes through K through 12. We time advocate of providing telecommunications major contention this year. The dis- think when our education system in services to our public classrooms, I rise in pute was not just because of Demo- some areas, and we have good teachers, support of the Davis amendment. This amend- cratic objections but also because of my wife is one of them, but in some ment would allow the Chief Administrative Offi- Republican objections to proposed areas needs help, that we do it in the K cer [CAO] of the House to transfer surplus committee increases. Yet the funding through 12 and not spend it all on post- computers, printers, modems, and other tech- assumption of that resolution was still secondary education. nological equipment to schools in the District a freeze on the number of committee Mr. DAVIS of Virginia. Mr. Chair- of Columbia. positions, the Speaker’s so-called em- man, I yield myself such time as I may Many of the classrooms in the District are ployment caps. consume. housed in buildings that are falling apart. The one exception, as I am sure many (Mr. DAVIS of Virginia asked and Classrooms are ill-equipped with resources remember, was the proposed increase was given permission to revise and ex- that will leave students behind in this rapidly in the Committee on Government Re- tend his remarks.) evolving technological revolution. The Davis form and Oversight’s allocation, and Mr. DAVIS of Virginia. Mr. Chair- amendment would provide the District with an those increases provoked a significant man, I note there are over 19,000 high- infusion of much-needed technology that will fight here on the floor that I am sure technology jobs available right now afford students the opportunity to succeed in we have already noted continues even that we cannot fill in the greater this new, information age. up to this day. Washington area. This amendment, The statistics on the performance of stu- Now the majority is trying to accom- with a donation from the House of sur- dents in the D.C. public schools are dismal. plish, I believe indirectly, what they plus computers, we have over 644 PC’s Only 22 percent of fourth-grade students in could not accomplish directly, and that available today, plus a number of the D.C. public schools scored at or above is increases in committee staff levels. printers, modems and other IT equip- basic reading achievement levels in 1994. The Legislative Appropriations Sub- ment, going to the school system, can Over the last 3 years, 53 percent of students committee originally went along with H5886 CONGRESSIONAL RECORD — HOUSE July 28, 1997 the request by the Joint Committee on ways and taking all-expense-paid trips issue. They felt that it was too large an Taxation to increase its funding by 20 to speak to groups, many of which have increase at one time. That would have percent, a total of 12 positions, from 61 large stakes in the tax code. Mr. Kies only, by the way, brought us up to the to 73 positions. But because of objec- does not get paid for speaking, but last level where the Democratic majority tions by Democrats on the committee, year he accepted more in travel ex- had it when they lost control of the the bill was changed at the full Com- penses than any other congressional House, so we are still substantially mittee on Appropriations to add five staffer,’’ and this is what I think my below that level. positions to the Joint Committee on colleagues are most interested in hear- We offered an amendment not to Taxation. My amendment would elimi- ing, ‘‘more than any of the 535 Mem- eliminate the total increase but to re- nate that increase and hold the Joint bers of Congress, according to an anal- duce it to five. So we went more than Committee on Taxation to the current ysis done by the Associated Press.’’ halfway to show a reasonable approach year’s staffing level of 61 positions. The Washington Post editorial a few to try to develop compromise. They The majority received significant days ago had this to say about the wanted the whole loaf instead of half of credit at the beginning of this 104th Joint Committee on Taxation: ‘‘The the loaf. Congress for reducing committee staff JCT was once the great redoubt of in- The fact is the chairman of the House by one-third. It was a significant re- tegrity in such matters. It has been Ways and Means and the chairman of duction, and one that we are reminded converted into a political parrot.’’ The the Committee on Finance in the Sen- about constantly. In fact, we were re- New York Times, in an editorial about ate both felt that this is essential to minded of it as recently as Friday’s de- the 1995 budget bill said ‘‘ Congress re- their work. The Joint Committee on bate on the rule for this bill. lied on misleading estimates by its tax Taxation does the very important work So one question is whether the Joint analysts,’’ and ‘‘The Republican dis- of providing technical support to the Committee on Taxation, which does tribution tables are distorted in at Committee on Ways and Means and the not clear through the regular commit- least four ways.’’ Senate Committee on Finance. tee funding process for the standing So adding positions to the Joint As we know, this work is highly tech- committees of the House, will be sin- Committee on Taxation when its fair- nical in nature and requires very high gled out for special treatment while handedness is being called into ques- skills in tax law and economics. The other committees with important ju- tion makes absolutely no sense. The staff is called upon to make several risdictions and heavy workloads are simple fact is the Joint Committee on thousand revenue estimates each ses- given no increase in staffing. Taxation has not made a compelling sion for Members and those estimates I think it is also suspect that the case for these additional positions. are highly regarded. Joint Committee on Taxation would They should not get special treatment. In addition, the Joint Committee on make this extraordinary request for Our precious committee resources Taxation has new responsibilities that fiscal year 1998 funds but make it for should not be going to highly politi- staff resources are needed for: a new re- the year after we are scheduled to com- cized staff operations that will merely quirement imposed by the House to plete consideration of major tax legis- be used to advance a partisan agenda make dynamic scoring estimates in lation. In fact, the buzz all over the here in the House instead of providing major tax legislation, to determine un- Capitol tonight is that we have reached the nonpartisan estimates that we funded mandates contained in revenue agreement on a major tax bill for the have come to expect in the past. legislation, and to determine limited long haul. If that is the case, and I cer- I think this is an opportunity for us tax benefits subject to the line item tainly anticipate it will occur this to show that we are going to be fair veto act. These are all new responsibil- week, there is absolutely no way in across the board. I think it is an oppor- ities. which the Joint Committee on Tax- tunity to indicate that we like people With all due respect to the gen- ation’s increased staff will have any to work for us in these different and tleman from California, under the rules major tax bill before it in the near fu- very essential committees who do not of the House these are required of the ture. bring their own personal profile or who Joint Committee on Taxation. It is The rationale given for significant serve the House in a traditional man- their responsibility. new duties by the chairman, the gen- ner, one that emphasizes the role of the They also will have, we are told, the tleman from Texas [Mr. ARCHER], in Members and not of the staff in making added responsibility of reviewing op- making his request to the committee, policy. tions for a comprehensive review of the was for unfunded mandates and line I think we ought to treat this com- Tax Code. What a monumental chal- item veto. It just does not hold water, mittee the same way we are treating lenge that would be without additional Mr. Chairman. Those are responsibil- most agencies, and that is give the ex- staff. ities that are chiefly handled by the isting staff a cost-of-living adjustment. There are many in this country who Congressional Budget Office. That is what this amendment would feel that the current Tax Code is un- Line item vetoes are far more likely allow; and, therefore, I ask for a ‘‘yes’’ fair, it is antiquated, and it creates tre- to be applied to the appropriations bill. vote on my amendment. mendous amounts of work and expense In fact, there is even a question as to Mr. Chairman, I reserve the balance to individuals and to businesses. So whether it will apply to a tax bill. And of my time. many of us feel that there needs to be unfunded mandates, as we know, are Mr. WALSH. Mr. Chairman, I rise in a review, and the Joint Committee on far more likely to be included in au- opposition to the amendment. Taxation would have that responsibil- thorizing legislation. Mr. Chairman, this amendment will ity. In fact, the gentleman from Texas eliminate the five additional staff posi- The bill provides funding for a staff said, ‘‘If the Joint Committee’s respon- tions that we have appropriated for the level of 66 employees, or FTEs. It puts sibilities are expanded in any further Joint Committee on Taxation. The the FTEs back to the level they were way, I will find it necessary to request chairman of the Joint Committee on funded at in 1988. We are now working an additional increase.’’ Taxation, the gentleman from Texas on the 1998 appropriations bill. We are But perhaps the most important [Mr. ARCHER], who also chairs the Com- asking for an increase to 66, and that is point is the highly politicized complex- mittee on Ways and Means of the still seven positions below the level it ion that the Joint Committee on Tax- House, testified that he needed 12 new was funded at by the Democrats in 1988. ation has assumed under Republican positions to do the additional work So we are doing this added respon- control, in sharp departure from its that was mandated on the Joint Com- sibility, doing it better, smarter, and traditional low profile. The staff direc- mittee’s staff. The committee bill only faster. All we have done is to put them tor, Kenneth Kies, was singled out for a allows five. back where they were 10 years ago. profile in the Wall Street Journal that We removed seven of those positions I heard the gentleman’s concerns in appeared in April. Here is a quote from during the full committee consider- the full committee and I offered an that article: ation of the bill, after the gentleman amendment that reduced the sub- ‘‘But Mr. Kies is breaking the mold, from California and the gentleman committee’s mark of 12 positions to 5. wielding his clout in some surprising from Wisconsin and others raised this The Committee on Appropriations July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5887 heard the gentleman, considered the A report from the Committee on Ways and The Committee on Ways and Means, prudence of restraint, accepted a staff Means on a bill or joint resolution des- at $8.1 million in 1994. In 1998, it is $5.5 level of a decade ago and reported the ignated by the majority leader (after con- million. In 1994, Ways and Means, $8.1 bill with those limited resources. We sultation with the minority leader) as major million. In 1998, $5.5 million. That is a tax legislation may include a dynamic esti- have met the gentleman more than mate of the changes in Federal revenues ex- decrease of 32 percent. halfway. pected to result from enactment of the legis- The new majority willingly took on I oppose the amendment and urge all lation. themselves savings of taxpayers’ dol- to oppose the amendment. So, clearly, the rules of the House do lars. The Joint Committee on Taxation Mr. Chairman, I reserve the balance provide that responsibility to the joint goes from $5.7 million to $5.9 million. of my time. committee. That is an increase. That is a 3-percent Mr. FAZIO of California. Mr. Chair- Mr. FAZIO of California. Mr. Chair- increase. The gentleman from Califor- man, I yield myself such time as I may man, I reserve the balance of my time. nia [Mr. FAZIO] focuses on staffing. In consume to respond to the gentleman. But before I do so, Mr. Chairman, I the 103d Congress, the Joint Commit- If the gentleman would look at the would simply say, the fact that it is tee, under Democratic leadership, had transcript of the hearing on the Joint cited in the rules and yet not men- 77 staff. Currently there are 59. Committee on Taxation on February tioned by the chairman as a justifica- On the Committee on Appropriations, 13, the statement of the chairman of tion for additional staff is, perhaps, the there are 60 members. There are 155 the Joint Committee, the gentleman point. It is not one of the reasons the staff; 52 of them are called associate from Texas, Mr. BILL ARCHER, makes gentleman from Texas [Mr. ARCHER] staff. They get a staffer for virtually no reference to dynamic scoring. has asked for additional help. every member of the committee. The There is not any reference because, I Mr. Chairman, I reserve the balance Committee on Ways and Means, we do believe, dynamic scoring is something of my time. not get that kind of staffing. We have that is still a controversial issue here, Mr. WALSH. Mr. Chairman, I yield to rely on the Joint Committee on Tax- and I am not sure there is any mandate myself as much time as I may ation. to the committee to handle that task. consume. Why is it called the Joint Committee Dynamic scoring may, in fact, be what The point of the gentleman from on Taxation? Because that committee the committee needs additional staff California [Mr. FAZIO] was that these serves not only the 39 members of the for, but if we look at what was cited as responsibilities are not covered by the Committee on Ways and Means, but it the justification for the increase, I Rules of the House. Quite clearly, they serves the 20 members of the Senate as could not find it. are covered by the Rules of the House. well. There are 59 members who utilize the services of the Joint Committee on b 1900 Not to pick nits, but the responsibility is theirs. Thus, the need for additional Taxation. Is it not interesting there A lot of committees would like to go staffing. are also 59 staffers? That means, on the back to the staffing level they were at Mr. Chairman, I yield 4 minutes to Joint Committee on Taxation, there is in the past. That is the very point I am the distinguished gentleman from Cali- one staffer for every member. trying to make. This committee is fornia [Mr. THOMAS] of the Committee On the Committee on Appropriations, being given the opportunity to go back on House Oversight, also a member of on the committee that the gentleman because suddenly it is determined that the Committee on Ways and Means. from California [Mr. FAZIO] believes there is work for them to do. Well, Mr. THOMAS. Mr. Chairman, I thank should not get even five new staffers, there are many other committees that the gentleman from New York [Mr. the ratio for staffers is 2.6; 1.0 for the have additional work they would like WALSH] for yielding me the time. Joint Committee; 2.6 for Appropria- to do, but they are not being give this I find it almost fascinating that the tions. kind of latitude, they are not being gentleman from California [Mr. Fazio], But frankly, the Joint Committee given this kind of assistance. the former chairman of the Sub- should not be compared to any com- Also, part of my concern is I believe committee on Legislative of the Com- mittee here in the House. We have to much of the help for this committee mittee on Appropriations is offering an go down and look at Treasury and we will be given to the Committee on amendment to allow no additional have to look at the Office of Manage- Ways and Means staff. Certainly, the staff. The gentleman indicated that ment and Budget, because the Joint members of the Committee on Ways perhaps this particular committee Committee is for Congress. The Office and Means benefit greatly from the could learn from what occurred to of Management and Budget, for the work of the joint committee. But I am other committees. President, has 503 staff. not sure that is going to be handed out Let me recite some dollars and cents The Treasury, focusing on the issues in any 2-to-1 ratio. I am not sure it is and numbers for my colleagues. There that the Joint Committee focuses on, going to be available to Democrats as is one committee in the House of Rep- has 113. Get your translating diction- much as to Republicans. resentatives that is not responsive to ary. When they were in the majority, In fact, I think that the issue of dy- House Oversight and the rest of the the staff was bipartisan. When they are namic scoring is something that is Members in determining its budget. It in the minority, the staff is partisan. quite partisan within that committee is not the Joint Committee on Tax- Understand, the Joint Committee in terms of how they would like to ation. It is not the Committee on Ways works for all of us. They need five new have the long-range effects of tax bills and Means. It is not the Committee on staffers to do our work. Vote down the analyzed and factored into the way in Agriculture. It is not the Committee Fazio amendment. which we project future deficits, for ex- on Commerce. It happens to be the Mr. FAZIO of California. Mr. Chair- ample. Committee on Appropriations. That man, I yield myself such time as I may So I think that the comments of the committee alone determines its own consume. gentleman from New York [Mr. staff and its own budget. First of all, I really think it is not WALSH], while certainly appreciated in Let us return to 1994. The budget for my place to protect or defend the ma- a rebuttal sense, do not hold weight. Appropriations was $14.7 million. The jority on the Committee on Appropria- Mr. WALSH. Mr. Chairman, will the budget for the Committee on Ways and tions and the way in which they have gentleman yield? Means was $8.1 million. The budget for allocated the funds. This is not a de- Mr. FAZIO of California. I would be the Joint Committee on Taxation is bate between the Committee on Ways happy to yield to the gentleman from $5.7 million. Let us leap ahead 4 years and Means and the Committee on Ap- New York. and look at the fiscal year 1998 budget propriations. This is a question of how Mr. WALSH. Mr. Chairman, I thank of Appropriations, $18.2 million. From much we should provide the Joint Com- the gentleman for yielding. $14.7 million to $18.2 million. That is a mittee on Taxation. Just to clarify on this one point, 25-percent increase in the budget that I know the gentleman from Califor- under the rules of the House, this is the gentleman from California [Mr. nia [Mr. THOMAS] is proud of some of rule XIII, paragraph (e)(1) of clause 7, FAZIO], behind closed doors, determines the reductions that have been made. regarding dynamic scoring: what is appropriate to do their job. But if we look at the Committee on H5888 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Government Reform or the Committee simplification, streamlining our tax subcommittee is to allocate resources. on Education and the Workforce, we system, they should vote against this There are times when some commit- see an increase from 1997 and 1998 of 26 amendment. tees have more responsibilities than percent for Government Reform and 22 Mr. FAZIO of California. Mr. Chair- others, and that is what we have tried percent for Education and the man, I continue to reserve at this time. to do. There was a request by the Workforce. Mr. WALSH. Mr. Chairman, I have no chairman, and this is unusual, too, be- I guess the gentleman from Califor- further requests for time. cause this is one of the rare places nia [Mr. THOMAS] feels that a 20-per- Does the gentleman from California where the Senate and the House have cent increase that was originally in- [Mr. FAZIO] have the opportunity to to come to agreement on something tended for the Joint Committee on close? that they mutually share. Both chair- Taxation is consistent with those over- The CHAIRMAN. The gentleman men asked for this increase. We are whelming increases in the staffing of from New York has the right to close. going to provide that increase if the those committees. Mr. WALSH. Mr. Chairman, I reserve committee agrees. But I have confidence in the gen- the balance of my time. So I would again urge defeat of this tleman from New York [Mr. WALSH] Mr. FAZIO of California. Mr. Chair- amendment. and the gentleman from New York [Mr. man, I yield such time as he may Mr. Chairman, I reserve the balance SERRANO]. I do not think the Commit- consume to the ranking member of the of my time. tee on Appropriations has been treated subcommittee, the gentleman from Mr. FAZIO of California. Mr. Chair- any better than any other committee. New York [Mr. SERRANO]. man, I will just close and yield back In fact, I think we set an example. And, Mr. SERRANO. Mr. Chairman, I any remaining time simply to say, if so, I guess I rise to defend the majority thank the gentleman from California there was a justification based on a from the majority. [Mr. FAZIO] for yielding me the time. major tax bill, straining the resources Mr. Chairman, I reserve the balance The gentleman from California [Mr. of the Joint Tax Committee would of my time. THOMAS] has made some very interest- have been in this fiscal year. Mr. WALSH. Mr. Chairman, I yield 2 ing points. But the one that touches This is the year that we probably minutes to the distinguished gen- me the most, for someone who just be- would find that committee spending tleman from Pennsylvania [Mr. ENG- came the ranking member of this com- long hours and putting in extra time LISH], a member of the Committee on mittee and who has been on the Com- trying to meet the needs of both the Ways and Means. mittee on Appropriations for a shorter Senate and the House as we put to- Mr. ENGLISH of Pennsylvania. Mr. time than most members on that com- gether probably one of the largest tax Chairman, briefly, I rise as a member mittee, is his understanding and my bills we will see in this decade. But of of the Committee on Ways and Means understanding that what we are trying course, this request comes in after the and as the former principal tax staffer to do here is, through the back door, fact. It does not go into effect until the for the Senate Republicans in Penn- increase a committee at the same time 1st of October. sylvania in strong opposition to this that we are sending out press releases But I think, in addition, we have to amendment. talking about the fact that we are cut- keep in mind the Joint Committee’s We have to realize that these revenue ting staff. stature here. The Senate has chosen estimates that are done by the Joint And indeed, we are cutting staff in not to make the kind of reductions in Committee on Taxation are critical to many committees. And, in fact, the staffing that have been so prominently our policymaking and critical for the whole House has felt the need at times discussed ad nauseam in the House of minority and the majority. There have to deal with this issue. And here we Representatives. We did make sizable been 2,000 revenue requests per year single out one committee, one commit- reductions, eliminating essentially a heaped on the Joint Committee, and so tee that in our opinion has become a third of our staffing, most of which of far they only have the staff resources very political instrument to use in this course were majority staff of the to process about 50 percent of them. House, not necessarily one that simply former majority Democrats when the In the last 2 years, we have asked the deals with the facts and figures; and new majority took over. We understand Joint Committee to assume additional we, through the back door, are trying that decision. We understand that it responsibilities in connection with the to increase this committee. has been made. And I believe it should Line Item Veto Act and unfunded man- Now, I know the difficulty that we apply across the board. dates legislation. We adopted a new face, the gentleman from New York It seems to me the people who need House rule that requires the Joint [Mr. WALSH] and I, in my case being this committee from the other side of Committee on Taxation to analyze the supportive of his decisions to make the Capitol are among those who need macroeconomic effects of such pro- some changes in the committee struc- it least, because they have done abso- posed legislation, and we have added ture. But the fact of life is that no lutely nothing to track the reductions additional responsibilities. matter how we present this, there is no that have been made in this body. The lack of revenue estimates stifles other way to present it but to admit So the joint committee is available, tax policy, it reduces input from rank the fact that this committee is being obviously, to the Committee on Ways and file Members. Because, let us face increased. and Means. It is an additional staffing it, members of the tax committee have, The gentleman from California [Mr. assistance to them. And we understand in all probability, easier access to reve- FAZIO] has made that point clearly. why all those who come to the well nue estimates from the Joint Commit- Anyone that votes against the Fazio today to defend this increase are on tee. amendment is in fact admitting to the that committee. They will benefit. Also, I think it is fair to say that this fact that one committee was singled b gives the minority a better shot at get- out for an increase, while other com- 1915 ting revenue estimates. Let us under- mittees we gladly yell and scream are But I think most of the other Mem- stand that revenue estimates are im- being cut. So we cannot have it both bers of the House on a bipartisan basis portant and that a vote for this amend- ways. We cannot cut an increase and want to be standing tall for equal ment by reducing access to revenue es- then deny it. treatment, to make sure that all of the timates is a vote against tax relief, in Mr. WALSH. Mr. Chairman, I yield bodies that assist us in our analysis of my view. And more importantly, it is myself such time as I may consume. legislation of all sorts are treated also a vote against tax reform, which is How much time does remain, if I may equally. Therefore, Mr. Chairman, I something that I hope the Committee ask? would ask my colleagues to defeat this on Ways and Means will have an oppor- The CHAIRMAN. The gentleman increase in personnel and simply give tunity to take up during this Congress. from New York [Mr. WALSH] has 43⁄4 the existing staff a cost of living ad- It will require many revenue estimates minutes remaining. The gentleman justment. because it is going to be extremely from California [Mr. Fazio] has 4 min- Mr. Chairman, I yield back the bal- complicated. utes remaining. ance of my time. In my view, if any Member of this Mr. WALSH. Mr. Chairman, I will Mr. WALSH. Mr. Chairman, I yield body strongly supports tax reform, tax just say that our responsibility on the myself such time as I may consume. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5889 First of all let me thank the gentleman Mr. KLUG. Mr. Chairman, I yield my- takes us one step further to where we from California for his stirring defense self 3 minutes. want to be, I think, in the long run of not only the Committee on Appro- Mr. Chairman, this amendment has which is a government procurement of- priations, which I strongly endorse, but to do with the Government Printing fice which uses the private sector and also his stirring defense of the major- Office which the Federal Government which saves money rather than a Gov- ity. Any time I have him on my side in has actually run and the House of Rep- ernment Printing Office which contin- an argument, I feel pretty confident. resentatives has been involved with ues to run printing presses for the Fed- However, on this amendment I do dis- since well before the Civil War in this eral Government in order to print gov- agree substantively. country. Since the mid-1800’s, we have ernment documents in an emergency, The House is about to enter into a been running a printing office. There which as soon as I discover what a gov- major tax reduction agreement with are 100,000 private printers across the ernment emergency is, I will be glad to the President, an historic agreement. United States, all of them, I think, share it with my colleagues, and an op- This is something that was part of the quite capable of doing the printing eration at this point which loses unfor- Contract With America. This is some- work now being done by the United tunately tens of millions of dollars a thing that we worked all the last 2 States Government. If I ran the world, year for United States taxpayers. years and now 6 more months to come we would actually figure out a way to Mr. Chairman, I reserve the balance to. A capital gains tax cut, an estate end the Government Printing Office of my time. tax cut, a $500 per child tax cut for all and instead simply turn it into a pro- Mr. SERRANO. Mr. Chairman, I yield Americans with children under 18. This curement agency. But that is not the myself 1 minute. is a monumental victory for all of us in option in front of us today. What we Mr. Chairman, I have with me a let- this country. This is not the end of the are going to try to do is to further re- tax cuts. If we have our say, this is ter that is being sent to all Members of duce the staffing levels at the Govern- the House in a bipartisan fashion by only the beginning of tax cuts for the ment Printing Office in order to at a American public. We want to make the gentleman from Connecticut [Mr. minimum help the Government Print- GEJDENSON], the gentleman from Vir- sure that the Joint Committee can do ing Office operate in the black rather a good job of determining what the im- ginia [Mr. MORAN], the gentleman from than in the red. Maryland [Mr. HOYER], the gentle- pacts of these tax cuts are and help to The General Accounting Office will lead the way, to show us the way to- woman from Maryland [Mrs. MORELLA], tell us in a study ironically printed by the gentleman from Virginia [Mr. ward further reducing the oppressive the Government Printing Office that WOLF] and the gentleman from Vir- tax burden that has piled up on the every time we print a document in the American public over the last 40 years. ginia [Mr. DAVIS]. They clearly point Government Printing Office it is to the fact that the Klug bill is not a What we are seeing is a major change roughly 2 times what it would cost us of direction here by the legislature. We good idea. In fact, the subcommittee to do if we did it in the private sector. had recommended a cut of 50 positions have seen the markets respond to it, In 1991, the Government Printing Office we are seeing the deficit being reduced as part of the ongoing work that we are lost $1.2 million; in 1992 it lost $5 mil- doing in the House. Yet this particular at an exorbitant clip. We are seeing the lion; in 1993 it lost $14 million; in 1994 deficit estimates go down. Why? Be- amendment goes way overboard in ask- it lost $21 million. We began to squeeze ing for 350 position cuts. cause the country and the markets are the Government Printing Office down Let me just make one other quick responding to the Republican tax cuts. about the time we took over the major- comment. The gentleman did mention We want to make sure that we have the ity, and in 1995 the loss was $3 million, the fact that the web pages are opening support of the Joint Tax Committee but I have to tell my colleagues with all over the Nation. That is not reach- when we look at the next round of tax some embarrassment this year it ing everyone. In fact, that is an issue cuts in the next Congress. ballooned up to $16.9 million, nearly $17 Mr. Chairman, I yield back the bal- for another day. But not everyone in million. This year through June of 1997 ance of my time. this country and some communities we are losing an additional $4 million. The CHAIRMAN. The question is on This amendment quite simply cuts are totally being left behind in this the amendment offered by the gen- the staffing at the Government Print- technology. To suggest that this is a tleman from California [Mr. FAZIO]. ing Office by less than 10 percent, way to reach them is totally improper The question was taken; and the about 350 slots. If my colleagues will do at this time. I understand that the gen- Chairman announced that the noes ap- the arithmetic on that and translate it tleman has a reputation for being one peared to have it. all out, 350 staffers at about $50,000 a who likes to cut the budget and we ap- Mr. FAZIO of California. Mr. Chair- plaud him at times for that. But I man, I demand a recorded vote. slot, when we include benefits, it re- sults in savings to taxpayers at think this particular time he is making The CHAIRMAN. Pursuant to House a drastic mistake and we should all Resolution 197, further proceedings on $17,500,000, virtually equivalent to what the Government Printing Office is ex- join in defeating this amendment. the amendment offered by the gen- Mr. KLUG. Mr. Chairman, at this tleman from California [Mr. FAZIO] will pected to lose in this current operating year. point let me suggest that it is not such be postponed. a drastic cut, and to bolster the case It is now in order to consider amend- I think in the long run we have to let me yield 1 minute to the gentleman ment No. 3 printed in House Report ask ourselves why it is that the Fed- from New York [Mr. WALSH], the chair- 105–202. eral Government has been involved in man of the subcommittee. AMENDMENT NO. 3 OFFERED BY MR. KLUG the printing business for more than 130 Mr. WALSH. Mr. Chairman, I thank Mr. KLUG. Mr. Chairman, I offer an years and especially today with web the gentleman for yielding me this amendment. sites and Internet pages across the The CHAIRMAN. The Clerk will des- country beginning to replace hard doc- time. ignate the amendment. uments and reliance on paper, the Mr. Chairman, the gentleman’s The text of the amendment is as fol- squeeze on the Government Printing amendment reduces the FTE staff level lows: Office I think will become even more at the Government Printing Office Amendment No. 3 offered by Mr. Klug: extraordinary in the next several from 3,550 to 3,200. GPO is currently Page 29, line 13, strike ‘‘3,550 workyears’’ years, at a time when a single CD rom staffed at a level of 3,600. This amend- and insert ‘‘3,200 workyears’’. can replace hundreds of volumes of ment will require a reduction in force. The CHAIRMAN. Pursuant to House printed documents like the appropria- Even though the GPO continues to lose Resolution 197, the gentleman from tions text that we are considering right money at a rate of about $1 million a Wisconsin [Mr. KLUG] and a Member now done by the Government Printing month, their costs remain high. They opposed, the gentleman from New York Office. tell us that is because they have to [Mr. SERRANO] each will control 5 min- My amendment makes good sense be- maintain a capability to do the daily utes. cause of changing technology, my job of printing the CONGRESSIONAL The Chair recognizes the gentleman amendment makes good sense for the RECORD, our hearings, bills, reports and from Wisconsin [Mr. KLUG]. taxpayers of the United States, and it other congressional documents. H5890 CONGRESSIONAL RECORD — HOUSE July 28, 1997 The long-run solution to this prob- tlewoman from Maryland indicated, the matter is that GPO has been reduc- lem is a rewrite of the printing stat- 1,000 employees out of 4,500 employees ing its work force. Since 1993 they re- utes. The Government Printing Office over the last 4 years. duced by 25 percent, from 4,800 to 3,600. needs to have their mission reevalu- They are not dairy farmers. So if we This year’s appropriation request is for ated. The Executive Branch and the no longer stop buying milk or have 3,500. Legislative Branch are using modern price supports or anything of that na- But the gentleman wants to go fur- desk-top publishing technologies and ture, who cares? But these people are ther, and in going further he would withdrawing much of their work from going to be put out on the street. We have us make 400 RIFs; that is, 400 peo- the printing plant. The situation cries have gone from 8,000 down to 3,600 in 20 ple thrown out in the street, within out for a more substantive solution years. We have done 25 percent of that about 65 days, and that will cost the than annual limitations on their in the last 4 years. Government money. workforce. The fact of the matter is, if we want Mr. Chairman, I would like to close With that caveat, I will accept this GPO to do something different, then on something that the gentleman from amendment, but I want to stress that let us pass legislation and mandate New York said in accepting the amend- we need help from the authorizing com- that. If we want them to be, I tell my ment. He said the fact of the matter is mittees on this matter. I know the chairman, financially solvent, then we need to evaluate GPO. But rather chairman of that committee is dedi- have the Congress pay its bills. Have than evaluate first and then make pol- cated to that task, and I want to work the Congress pay fair market value for icy, the Klug amendment would make with him and others to bring it about. the product it gets from GPO and I policy in the absence of any study, any Mr. Chairman, I have no objection to guarantee that they will show a profit. evaluation, and just throw people out this amendment. I ask my chairman to go over to on the street. Mr. SERRANO. Mr. Chairman, I yield GPO. They have as modern a capability If GPO’s mission needs to be reevalu- 1 minute to the gentlewoman from in information technology as there is ated, we have it within our power to do Maryland [Mrs. MORELLA]. in Washington. Period. They are on it. That is the responsible approach. Mrs. MORELLA. I thank the gen- line and on top of it. This is a meat ax approach. It ignores tleman for yielding me this time. I urge my colleagues to reject this the progress that GPO has already Mr. Chairman, GPO, the Government amendment. This amendment, I will made in reducing its work force, and it Printing Office, has reduced their staff tell the chairman, will cost the govern- does not make sound public policy. by 25 percent over the last 4 years, ment money. It costs approximately Mr. Chairman, I urge a strenuous re- meaning a reduction of more than 1,000 $25,000 to $35,000 per RIFed employee. jection of the Klug amendment. full-time equivalents. The Klug amend- This amendment will cost us, not save The CHAIRMAN. All time on the ment, although well intentioned, is ex- us. Reject the Klug amendment. amendment offered by the gentleman treme. Mr. KLUG. Mr. Chairman, I yield my- from Wisconsin [Mr. KLUG] has expired. Time and time again Members self the balance of my time. Let me The question is on the amendment searching for easy deficit reduction wrap up this debate, if I could. offered by the gentleman from Wiscon- targets turn to Federal employees. In- To my colleague from Maryland, let sin [Mr. KLUG]. deed, that is what this amendment me point out to him that my farmers The question was taken; and the does. Already the bill before us today in Wisconsin actually would be de- Chairman announced that the noes ap- will reduce the Government Printing lighted to eliminate the milk market- peared to have it. Office by 50 full-time equivalents. The ing orders because they discriminate Mr. KLUG. Mr. Chairman, I demand a additional cuts contained in this against the upper Midwest. I would be recorded vote. amendment would reduce GPO by an- more than willing to work with him on The CHAIRMAN. Pursuant to House other 350 FTEs. that in the future. Resolution 197, further proceedings on Such a draconian reduction would Let me make a few closing points. the amendment offered by the gen- hinder their ability to produce the doc- Here are a few facts about the Govern- tleman from Wisconsin [Mr. KLUG] will uments that we depend on in a timely ment Printing Office: Over 50 percent be postponed. fashion, including the CONGRESSIONAL of idle machine hours; GPO operated It is now in order to consider Amend- RECORD, bills, reports, hearing tran- and paid overtime on at least one ment No. 4 printed in House Report scripts, official documents. Further- weekend day of 50 of 52 weekends; 105–202. more, such a large cut would lead to paper waste average 40 percent higher AMENDMENT NO. 4 OFFERED BY MR. ROEMER expensive RIFs; let us consider that. than most industry standards, 1989 es- Mr. ROEMER. Mr. Chairman, I offer Please join me in opposing this timated waste totaled $7 million. an amendment. amendment. The GPO is making excel- Fact after fact, study after study The CHAIRMAN. The Clerk will des- lent progress moving into the 21st cen- tracing all the way back to 1989 ignate the amendment. tury with advanced technology and a through 1997 reaches one simple con- The text of the amendment is as fol- leaner staff. Let us not set them back clusion: The Government Printing Of- lows: in time. fice continues to lose money. The gen- Amendment No. 4 offered by Mr. ROEMER: Mr. SERRANO. Mr. Chairman, I yield tleman from New York [Mr. WALSH] is Page 37, insert before line 1 the following 2 minutes to the gentleman from Mary- absolutely correct. We need to redefine new section: SEC. 309. Any amount appropriated in this land [Mr. HOYER]. the mission for the Government Print- Mr. HOYER. I thank the gentleman Act for ‘‘HOUSE OF REPRESENTATIVES— ing Office, but in the interim we are Salaries and Expenses—Members’ Represen- from New York for yielding me this going to lose $17 million this year. tational Allowances’’ shall be available only time, and I rise in opposition to this The long-run solution is to outsource for fiscal year 1998. Any amount remaining amendment. the Government Printing Office and after all payments are made under such al- Mr. Chairman, this amendment is not use the experts that are there today. lowances for such fiscal year shall be depos- new. The gentleman from Wisconsin of- The short-run solution is to begin to ited in the Treasury, to be used for deficit re- fers this amendment every year. This stop the bleeding and have the Govern- duction. is his annual amendment of how we gut ment Printing Office break even in the The CHAIRMAN. Pursuant to House the GPO. Annually we say, ‘‘Oh, it’s current year operation. That is the in- Resolution 197, the gentleman from In- not going to be a problem.’’ The fact of tent of this amendment. diana [Mr. ROEMER] and a Member op- the matter is that this is an over 10 Mr. SERRANO. Mr. Chairman, I yield posed each will control 5 minutes. percent reduction. It is going to be ap- the balance of my time to the gen- The Chair recognizes the gentleman proximately 50 plus 350, 400. It is going tleman from Maryland [Mr. WYNN]. from Indiana [Mr. ROEMER]. to require RIFs. Mr. ROEMER. Mr. Chairman, I yield b I regret that the chairman, some- 1930 myself 2 minutes. what in my opinion, cavalierly accepts Mr. WYNN. Mr. Chairman, I also rise (Mr. ROEMER asked and was given this amendment. This is not a small in opposition to the Klug amendment. I permission to revise and extend his re- cut. This is a cut on top of, as the gen- believe it is ill-considered. The fact of marks.) July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5891 Mr. ROEMER. Mr. Chairman, first of This amendment would reaffirm our So, with that understanding, I have no prob- all, I want to thank the gentleman commitment to eliminating the Fed- lem accepting this amendment. from Michigan [Mr. CAMP] for his help eral debt and send a strong message to Mr. ROEMER. Mr. Chairman, I yield in cosponsoring the legislation that we the American people that we, too, are 1 minute to the gentleman from Ohio have turned into this amendment. Sim- willing to sacrifice and to put our fis- [Mr. PORTMAN]. ply put, Mr. Chairman, this amend- cal house in order. Mr. PORTMAN. Mr. Chairman, I ment requires unexpended congres- If every Member saved only $50,000 a thank the original sponsor and also the sional office funds from the salaries year, over $21 million would be re- gentleman from Michigan [Mr. CAMP] and expenses of Members representa- turned to the Treasury to reduce the for their persistence every year bring- tional account allowances not to be Federal debt. This amount obviously ing this back up to the full House. We respent, not to be shifted into a Speak- will not eliminate the Federal debt, need their persistence out there. It is a er’s slush fund or spent on marble ele- but it will show the American people great commonsense idea. I am de- vator floors, but to instead go directly that Congress will do more with less in lighted the gentleman has just accept- to the U.S. Treasury to reduce the defi- order to provide our children with a fu- ed the amendment himself. It is a very cit. ture that is free of debt and rich with commonsense idea to save the tax- Now we have been working on this opportunity. payers a little money and also encour- for several years, Mr. Chairman. Last I urge a vote in favor of the Roemer- ages Members to lead by example, and year we voice voted this amendment. Camp amendment. it is a very simple question really. The year before we had 403 Members, Mr. WALSH. Mr. Chairman, I claim When Members spend less on their of- Democrats and Republicans, agree to the time in opposition to the amend- fice, should it go to this fund where it pass this legislation. We think that ment, but I rise in support. can be reprogrammed into other uses this is fair. Mr. Chairman, I yield myself such on Capitol Hill, which as I understand In the context of this week we are de- time as I may consume. is a three-year fund, or should it go for bating maybe the most important leg- (Mr. WALSH asked and was given deficit reduction? islation to balance the budget that we permission to revise and extend his re- As my colleagues know, the answer is have considered in this body since the marks.) quite simple. It actually should prob- balanced budget amendment or since Mr. WALSH. Mr. Chairman, we have the ably go pro rata to the constituents we balanced the budget in 1969. We are gentleman's amendment. This is the same and taxpayers of the district the Mem- considering how to share and sacrifice amendment we have carried for the past 2 ber represents because they are the to get to a balanced budget, and cer- years in the bill. ones who in a sense have made the sac- tainly that sharing and sacrificing As we understand the amendment, it would rifice. Because that is probably not too should start here in the House of Rep- require that any amount remaining in the practical, at least at this point, then I resentatives. Members' representational allowances account guess it should go to deficit reduction There are two reasons why my col- after all payments are made under such allow- and as soon as possible. leagues should support this Roemer- ances be deposited in the Treasury for deficit So I want to again commend both of Camp amendment. One is that instead reduction. these gentleman for raising this issue of this money going back to be respent, As the gentleman knows, the bill does not again, for bringing to the floor and for we have the money go to reduce the make representational allowances available to a little common sense in our legisla- deficit. Second, this encourages better specific Members of the House. The calcula- tive appropriations bill this year. management in individual offices. If tion of how much each Member may spend for Mr. ROEMER. Mr. Chairman, how my colleagues decide not to do a num- staff salaries, office expenses, and official mail much time do I have remaining? ber of newsletters, if my colleagues de- is determined by law and is under the regula- The CHAIRMAN. The gentleman cide to implement a new management tion of the Committee on House Oversight. from Indiana has one-half minute re- technique on buying office equipment That committee notifies each Member of the maining. and technology, if my colleagues come allowance available for each session of Con- Mr. ROEMER. Mr. Chairman, I yield up with better ways to motivate their gress. The amounts available are not given to the balance of my time to the gen- staff and they do not hire as many peo- the Member. They do not receive a check or tleman from Minnesota [Mr. MINGE], ple in their district office, why should a funds transfer. They are only given an allow- who has been very helpful with the leg- that money automatically be respent ance to draw upon. islation. in somebody else’s account? That Likewise, the appropriations bill does not Mr. MINGE. Mr. Chairman, we have money should go to reduce the deficit. worked for many years in this institu- I encourage Members to support this make a funds transfer to any Member. No tion to try to gain the credibility of bipartisan legislation. MRA amount in this bill is assigned to any Mr. CAMP. Mr. Chairman, will the specific Member. The bill only provides an the American people that when we talk gentleman yield? overall appropriation for the combined amount about deficit reduction and when we Mr. ROEMER. I yield to the cospon- of the MRA's which may be charged against take steps as Members to actually im- sor of the amendment, the gentleman the Treasury. plement what we believe in that that from Michigan. And the committee bill does not full fund this effort is actually recognized in terms Mr. CAMP. Mr. Chairman, I thank amount. The bill contains $379.8 millionÐ of what happens to this Nation’s fi- the gentleman from Indiana for yield- $379,789,000Ðfor the sum total of MRA's dur- nances. And I would like to urge all ing this time to me, and I thank him ing fiscal 1998. That amount is $17 million Members to join with us in supporting for his leadership on this issue and below the total amount authorized to be spent this measure because indeed this meas- would associate myself with his re- by the Committee on House Oversight. ure allows us in the administration of marks, and, Mr. Chairman, I rise in So the committee bill has already our offices to actually implement what support of the Roemer-Camp amend- economized on this item. We know that many we are urging on the Government and ment. Members will underspend this allowance. We the American people. We all know the Federal Government are saving the $17 million. I urge all Members to support the is drowning in a sea of red ink. The This amendment says that what is left over Roemer amendment. Roemer-Camp amendment would help after the end of the fiscal year will be depos- The CHAIRMAN. All time has ex- in a very small way at least to stem ited in the Treasury. That is true in concept pired on this amendment. that tide. It would allow unspent office but I would point out that these unspent funds The question is on the amendment funds to be used specifically for deficit never leave the Treasury to begin with. offered by the gentleman from Indiana reduction. Since this is a fiscal year appropriation, all [Mr. ROEMER]. As my fellow Members know, every unspent funds will lapse. That is, they will not The amendment was agreed to. office has provided funds to meet office be available to be spent after the conclusion SEQUENTIAL VOTES POSTPONED IN COMMITTEE expenses. The funds are not specific to of the fiscal year. So the terms of the bill meet OF THE WHOLE each Member, but Members draw upon the requirements of the amendment. The CHAIRMAN. Pursuant to House the account up to a certain level as It is good to stipulate this fact and that is Resolution 197, proceedings will now needed. why I have no problem with this amendment. resume on those amendments on which H5892 CONGRESSIONAL RECORD — HOUSE July 28, 1997 further proceedings were postponed in Stenholm Thurman Watt (NC) PERSONAL EXPLANATION Stokes Tierney Waxman the following order: Strickland Turner Weygand Mr. JOHNSON of Wisconsin. Mr. Chairman, Amendment No. 2, offered by the gen- Stupak Velazquez Whitfield on rollcall No. 332, the Fazio amendment, I tleman from California [Mr. FAZIO], Tanner Vento Wise was delayed and unable to vote because my and Amendment No. 3 offered by the Tauscher Visclosky Woolsey Thompson Waters Wynn air flight was detained because of weather. gentleman from Wisconsin [Mr. KLUG]. Had I been present, I would have voted ``aye.'' NOES—213 AMENDMENT OFFERED BY MR. FAZIO OF PERSONAL EXPLANATION CALIFORNIA Aderholt Frelinghuysen Northup The CHAIRMAN. The pending busi- Archer Gallegly Norwood Mr. SMITH of Michigan. Mr. Chairman, on Armey Ganske Nussle rollcall No. 332, I was delayed and unable to ness is the demand for a recorded vote Bachus Gekas Oxley on the amendment offered by the gen- Baker Gibbons Packard vote because my air flight was detained be- tleman from California [Mr. FAZIO] on Ballenger Gilchrest Pappas cause of weather. Had I been present, I would which further proceedings were post- Barr Gillmor Parker have voted ``no.'' Barrett (NE) Gilman Paxon poned and on which the noes prevailed Bartlett Gingrich Pease ANNOUNCEMENT BY THE CHAIRMAN by voice vote. Barton Goodlatte Peterson (MN) The CHAIRMAN. Pursuant to House Bass Goodling Peterson (PA) The Clerk will redesignate the Resolution 197, the Chair announces amendment. Bateman Goss Pickering Bereuter Graham Pitts that he will reduce to a minimum of 5 The Clerk redesignated the amend- Bilbray Granger Pombo minutes the period of time within ment. Bilirakis Greenwood Porter which a vote by electronic device will RECORDED VOTE Bliley Gutknecht Portman Blunt Hansen Pryce (OH) be taken on the additional amendment The CHAIRMAN. A recorded vote has Boehlert Hastert Quinn on which the Chair has postponed fur- been demanded. Boehner Hastings (WA) Radanovich ther proceedings. A recorded vote was ordered. Bonilla Hayworth Ramstad The CHAIRMAN. This will be a 17- Bono Herger Redmond AMENDMENT OFFERED BY MR. KLUG Brady Hill Regula The CHAIRMAN. The pending busi- minute vote followed by a 5-minute Brown (CA) Hilleary Riggs vote. Bryant Hobson Riley ness is the demand for a recorded vote The vote was taken by electronic de- Bunning Hoekstra Rogan on the amendment offered by the gen- vice, and there were—ayes 199, noes 213, Burr Horn Rogers tleman from Wisconsin [Mr. KLUG] on Burton Hostettler Rohrabacher which further proceedings were post- not voting 23, as follows: Buyer Houghton Ros-Lehtinen [Roll No. 332] Callahan Hunter Ryun poned and on which the noes prevailed AYES—199 Calvert Hutchinson Salmon by voice vote. Camp Hyde Sanford The Clerk will redesignate the Abercrombie Frank (MA) McKinney Campbell Inglis Saxton Allen Frost McNulty Canady Istook Scarborough amendment. Andrews Furse Meehan Cannon Jenkins Schaefer, Dan The Clerk redesignated the amend- Baesler Gejdenson Meek Castle Johnson (CT) Sensenbrenner ment. Baldacci Gephardt Menendez Chambliss Johnson, Sam Sessions Barcia Goode Millender- Chenoweth Jones Shadegg RECORDED VOTE Barrett (WI) Gordon McDonald Christensen Kasich Shaw Becerra Green Miller (CA) Coble Kelly Shays The CHAIRMAN. A recorded vote has Bentsen Gutierrez Minge Coburn Kim Shimkus been demanded. Berman Hall (OH) Mink Collins King (NY) Shuster A recorded vote was ordered. Berry Hall (TX) Moakley Combest Kingston Skeen Bishop Hamilton Mollohan Condit Klug Smith (NJ) The CHAIRMAN. This is a 5-minute Blagojevich Hastings (FL) Moran (VA) Cook Knollenberg Smith (OR) vote. Blumenauer Hefley Murtha Cooksey Kolbe Smith (TX) Bonior Hefner Nadler Cox LaHood Smith, Linda The vote was taken by electronic de- Borski Hilliard Neal Crane Latham Snowbarger vice, and there were—ayes 170, noes 242, Boswell Hinchey Neumann Crapo LaTourette Solomon not voting 22, as follows: Boyd Hinojosa Oberstar Cubin Lazio Souder Brown (FL) Holden Obey Cunningham Leach Spence [Roll No. 333] Brown (OH) Hooley Olver Davis (VA) Lewis (CA) Stearns AYES—170 Capps Hoyer Ortiz Deal Lewis (KY) Stump Cardin Hulshof Owens DeLay Linder Sununu Aderholt Crane Hoekstra Carson Jackson (IL) Pallone Diaz-Balart Livingston Talent Archer Crapo Hostettler Chabot Jackson-Lee Pascrell Dickey LoBiondo Tauzin Armey Cunningham Houghton Clay (TX) Pastor Doolittle Lucas Taylor (MS) Bachus Deal Hulshof Clayton Jefferson Paul Dreier Manzullo Taylor (NC) Ballenger DeLay Hutchinson Clement John Payne Duncan McCollum Thomas Barr Doolittle Hyde Clyburn Johnson, E. B. Pelosi Dunn McCrery Thune Barrett (NE) Dreier Inglis Conyers Kanjorski Petri Ehlers McDade Tiahrt Bass Duncan Istook Costello Kaptur Pickett Ehrlich McHugh Traficant Bereuter Dunn Jones Coyne Kennedy (MA) Pomeroy Emerson McIntosh Walsh Bilbray Ehlers Kaptur Cramer Kennedy (RI) Poshard English McKeon Wamp Bilirakis Ehrlich Kasich Cummings Kennelly Price (NC) Ensign Mica Watkins Blagojevich Emerson Kelly Danner Kildee Rahall Everett Miller (FL) Watts (OK) Bliley English Kim Davis (FL) Kilpatrick Rangel Ewing Molinari Weldon (FL) Blunt Ensign King (NY) Davis (IL) Kind (WI) Reyes Fawell Moran (KS) Weldon (PA) Boehner Everett Kingston DeFazio Kleczka Rivers Foley Morella Weller Bonilla Ewing Klug DeGette Klink Rodriguez Fowler Myrick Wicker Boswell Fawell Kolbe Delahunt Kucinich Roemer Fox Nethercutt Wolf Brady Foley LaHood DeLauro LaFalce Rothman Franks (NJ) Ney Young (FL) Bryant Fowler Largent Dellums Lampson Roukema Burr Fox Latham Deutsch Largent Roybal-Allard NOT VOTING—23 Burton Franks (NJ) Lazio Dicks Levin Royce Ackerman McInnis Torres Buyer Ganske Leach Dingell Lewis (GA) Sabo Boucher Metcalf Towns Callahan Gekas Linder Dixon Lipinski Sanders Forbes Rush Upton Camp Gibbons LoBiondo Doggett Lofgren Sandlin Gonzalez Sanchez Wexler Campbell Goode Luther Dooley Lowey Sawyer Harman Schiff White Cannon Goodlatte Manzullo Doyle Luther Schaffer, Bob Johnson (WI) Smith (MI) Yates Castle Goodling McCarthy (NY) Edwards Maloney (CT) Schumer Lantos Spratt Young (AK) Chabot Goss McCollum Engel Maloney (NY) Scott McDermott Thornberry Chambliss Granger McIntosh Eshoo Manton Serrano b Chenoweth Hall (TX) Meehan Etheridge Markey Sherman 1958 Christensen Hansen Mica Evans Martinez Sisisky Mr. SAXTON, and Mr. BATEMAN Coble Hastert Miller (FL) Farr Mascara Skaggs changed their vote from ‘‘aye’’ to ‘‘no.’’ Coburn Hastings (WA) Minge Fattah Matsui Skelton Mr. HALL of Texas changed his vote Collins Hayworth Myrick Fazio McCarthy (MO) Slaughter Combest Hefley Nethercutt Filner McCarthy (NY) Smith, Adam from ‘‘no’’ to ‘‘aye.’’ Condit Herger Neumann Flake McGovern Snyder So the amendment was rejected. Cooksey Hill Norwood Foglietta McHale Stabenow The result of the vote was announced Cox Hilleary Nussle Ford McIntyre Stark as above recorded. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5893 Oxley Ros-Lehtinen Souder Waxman Wicker Wynn The SPEAKER pro tempore. The Pappas Roukema Stearns Weldon (FL) Wise Young (FL) Parker Royce Stenholm Weldon (PA) Wolf Clerk will report the motion to recom- Paul Ryun Strickland Weygand Woolsey mit. Paxon Salmon Stump The Clerk read as follows: Sununu NOT VOTING—22 Pease Sanford Mr. GEJDENSON moves to recommit the bill Peterson (MN) Scarborough Talent Ackerman Metcalf Towns H.R. 2209 to the Committee on Appropria- Peterson (PA) Schaefer, Dan Taylor (MS) Boucher Portman Upton Petri Schaffer, Bob Taylor (NC) Forbes Rush Wexler tions with instructions to report the same Pickering Sensenbrenner Thomas Gonzalez Sanchez White back to the House with an amendment to en- Pitts Sessions Thune Harman Schiff Yates sure that all funds in the bill to support the Porter Shadegg Tiahrt Lantos Smith (MI) Young (AK) Reserve Fund providing for the hiring of ad- Pryce (OH) Shays Turner McDermott Thornberry ditional committee staff and other related Quinn Shimkus Walsh McInnis Torres expenses pursuant to clause 5(a) of rule XI Ramstad Smith (OR) Wamp are deleted. Riggs Smith (TX) Watts (OK) b 2007 Riley Smith, Linda Weller Ms. DANNER, and Mr. MORAN of Mr. GEJDENSON. Mr. Speaker, I Rogan Snowbarger Whitfield think that if we look at the issues that Rohrabacher Solomon Kansas changed their vote from ‘‘aye’’ to ‘‘no.’’ have brought tension to this House and NOES—242 Mrs. LINDA SMITH of Washington, this Congress, this issue is clearly among the most important. Abercrombie Gephardt Mink Mr. SCARBOROUGH, and Mr. Allen Gilchrest Moakley HASTERT changed their vote from I would like Members of the minority Andrews Gillmor Molinari ‘‘no’’ to ‘‘aye.’’ and the majority to take a look at the Baesler Gilman Mollohan So the amendment was rejected. history of how we got here. Pursuant Baker Gordon Moran (KS) to the rules of the House, the reserve Baldacci Graham Moran (VA) The result of the vote was announced Barcia Green Morella as above recorded. fund was established of $7.9 million. At Barrett (WI) Greenwood Murtha that time I referenced this reserve fund PERSONAL EXPLANATION Bartlett Gutierrez Nadler as a slush fund. A number of Members Barton Gutknecht Neal Mr. SMITH of Michigan. Mr. Chairman, on on the Republican side of the aisle ob- Bateman Hall (OH) Ney rollcall No. 333, my air flight was detained be- jected. Becerra Hamilton Northup cause of weather. Had I been present, I would Bentsen Hastings (FL) Oberstar In section 5(a) of the reserve fund it have voted ``aye.'' Berman Hefner Obey was established for unanticipated ex- Berry Hilliard Olver PERSONAL EXPLANATION Bishop Hinchey Ortiz penses. Well, the request from the com- Blumenauer Hinojosa Owens Mr. PORTMAN. Mr. Chairman, because I mittee, the first request was to review Boehlert Hobson Packard was unavoidably detained, I was absent for the Department of Labor and its pro- Bonior Holden Pallone rollcall vote No. 333. Had I been in attend- grams, activities, and spending habits. Bono Hooley Pascrell ance, I would have voted ``aye''. Borski Horn Pastor They got some of the slush fund Boyd Hoyer Payne PERSONAL EXPLANATION money. Brown (CA) Hunter Pelosi Mr. UPTON. Mr. Speaker, sadly a number The original jurisdiction of the com- Brown (FL) Jackson (IL) Pickett of us sat on an airplane for 6 hours in Detroit. Brown (OH) Jackson-Lee Pombo mittee was to review those very same Bunning (TX) Pomeroy We unfortunately missed two previous votes programs, the Department of Labor, its Calvert Jefferson Poshard today. Had I been here, I would have voted programs, and its activities. It was also Canady Jenkins Price (NC) ``aye'' on both the Klug amendment as well as requested to review the focus of the Capps John Radanovich Cardin Johnson (CT) Rahall the Fazio amendment. program which had little past review in Carson Johnson (WI) Rangel The CHAIRMAN. Under the rule, the terms of impact on employees and em- Clay Johnson, E. B. Redmond Committee rises. ployers. That was also the original de- Clayton Johnson, Sam Regula Accordingly the Committee rose; and Clement Kanjorski Reyes scription of the committee’s $10 mil- Clyburn Kennedy (MA) Rivers the Speaker pro tempore (Mr. COLLINS) lion worth of funding. So now if this is Conyers Kennedy (RI) Rodriguez having assumed the chair, Mr. LAHOOD, not a slush fund in the worst of its con- Cook Kennelly Roemer Chairman of the Committee of the notations for purely political purposes, Costello Kildee Rogers Whole House on the State of the Union, Coyne Kilpatrick Rothman the committee would have come up Cramer Kind (WI) Roybal-Allard reported that that Committee, having with some unanticipated challenges, Cubin Kleczka Sabo had under consideration the bill (H.R. some new scope where they had to go Cummings Klink Sanders 2209) making appropriations for the Danner Knollenberg Sandlin in and review a situation that was not Davis (FL) Kucinich Sawyer legislative branch for the fiscal year anticipated, that was not able to be Davis (IL) LaFalce Saxton ending September 30, 1998, and for covered in their $10 million. Davis (VA) Lampson Schumer other purposes, pursuant to House Res- What we found was very anticipated DeFazio LaTourette Scott olution 197, he reported the bill back to DeGette Levin Serrano concerns were immediately used to get Delahunt Lewis (CA) Shaw the House with sundry amendments additional funding into this commit- DeLauro Lewis (GA) Sherman adopted by the Committee of the tee. It is a slush fund. If Members want Dellums Lewis (KY) Shuster Whole. Deutsch Lipinski Sisisky to make things a little better here, let Diaz-Balart Livingston Skaggs The SPEAKER pro tempore. Under us have a chance to give some money Dickey Lofgren Skeen the rule, the previous question is or- back to the voters. Let us cut the $7.9 Dicks Lowey Skelton dered. million. Dingell Lucas Slaughter Is a separate vote demanded on any Dixon Maloney (CT) Smith (NJ) If the committees have a legitimate Doggett Maloney (NY) Smith, Adam amendment? If not, the Chair will put need, let them come to the Congress of Dooley Manton Snyder them en gros. the United States and in front of the Doyle Markey Spence The amendments were agreed to. American people ask for that money. Edwards Martinez Spratt The SPEAKER pro tempore. The Engel Mascara Stabenow The Republican majority has in the Eshoo Matsui Stark question is on the engrossment and range of $50 million worth of investiga- Etheridge McCarthy (MO) Stokes third reading of the bill. tions going on. I dare say not one Evans McCrery Stupak The bill was ordered to be engrossed American will be better off as a result Farr McDade Tanner and read a third time, and was read the Fattah McGovern Tauscher of these investigations. third time. Fazio McHale Tauzin b Filner McHugh Thompson MOTION TO RECOMMIT OFFERED BY MR. 2015 Flake McIntyre Thurman GEJDENSON The taxpayers will simply lose some Foglietta McKeon Tierney Ford McKinney Traficant Mr. GEJDENSON. Mr. Speaker, I of their funds and we will not gain new Frank (MA) McNulty Velazquez offer a motion to recommit. information or, indeed, information on Frelinghuysen Meek Vento The SPEAKER pro tempore. Is the issues that were unanticipated. Frost Menendez Visclosky gentleman opposed to the bill? It is a $7.9 million slush fund used for Furse Millender- Waters Gallegly McDonald Watkins Mr. GEJDENSON. Yes, I am, in its political agendas, and they cannot Gejdenson Miller (CA) Watt (NC) current form. come to this Congress and tell us that H5894 CONGRESSIONAL RECORD — HOUSE July 28, 1997 they are trying to run it better when question is ordered on the motion to Serrano Stenholm Velazquez Sherman Stokes Vento they failed in almost every category recommit. Sisisky Strickland Visclosky and now, in the utmost political ven- There was no objection. Skaggs Stupak Waters ture on this floor, they have estab- PARLIAMENTARY INQUIRY Skelton Tanner Watt (NC) lished an almost $8 million fund to be Slaughter Tauscher Waxman Mr. GEJDENSON. Parliamentary in- Smith, Adam Taylor (MS) Weygand used to go after those who have stood quiry, Mr. Speaker. Snyder Thompson Wise up to them. The SPEAKER pro tempore. The gen- Spratt Thurman Woolsey Where do they start? They start with Stabenow Tierney Wynn tleman will state his inquiry. labor, with working men and women. Stark Turner Mr. GEJDENSON. Mr. Speaker, it They take some of that slush fund and NAYS—220 was stated that if the motion carries it they are going to try to go after them. kills the bill, and it is my understand- Aderholt Gibbons Pappas The question is, if we allow them to Archer Gilchrest Parker ing that it only sends it back. My in- continue with this kind of slush fund, Armey Gillmor Paul Bachus Gilman Paxon which group of Americans will be next? quiry is, it is my understanding under the rules it does not kill the bill, it Baker Goodlatte Pease Who will they try to intimidate with Ballenger Goodling Peterson (PA) this $8 million fund, investigating citi- simply sends it back to committee to Barr Goss Petri zens of this country who have every take that particular action and return Barrett (NE) Graham Pickering Bartlett Granger Pitts right to exercise their own political ac- to the House. The SPEAKER pro tempore. The Barton Greenwood Pombo tivity? Bass Gutknecht Porter Again, Mr. Speaker, I go to the words Chair advises the gentleman the bill Bateman Hansen Portman of the committee and the rules of the would be recommitted to committee. Bereuter Hastert Pryce (OH) The question is on the motion to re- Bilbray Hastings (WA) Radanovich House. ‘‘Unanticipated expenditures.’’ Bilirakis Hayworth Ramstad Nothing in the expenditures that have commit. Bliley Hefley Redmond been taken from this slush fund were The question was taken; and the Blunt Herger Regula Speaker pro tempore announced that Boehlert Hill Riggs unanticipated. It is simply a political Boehner Hilleary Riley attack on the adversaries of the major- the noes appeared to have it. Bonilla Hobson Rogan ity party. Mr. GEJDENSON. Mr. Speaker, on Bono Hoekstra Rogers Mr. Speaker, I hope we can just get that I demand the yeas and nays. Brady Horn Rohrabacher The yeas and nays were ordered. Bryant Hostettler Ros-Lehtinen 10 Republicans to join us to put an end Bunning Houghton Roukema to this slush fund. There are people on The vote was taken by electronic de- Burr Hulshof Royce the other side of the aisle that say they vice, and there were— yeas 198, nays Burton Hunter Ryun want comity, they went to Hershey 220, not voting 16, as follows: Buyer Hutchinson Salmon Callahan Hyde Sanford trying to make friendship. Friendship [Roll No. 334] Calvert Inglis Saxton is designed by peoples’ actions. Vote YEAS—198 Camp Istook Scarborough for this motion to recommit. Get rid of Campbell Jenkins Schaefer, Dan Abercrombie Fazio Manton the $7.8 million, $7.9 million, save the Canady Johnson (CT) Schaffer, Bob Allen Filner Markey Cannon Johnson, Sam Sensenbrenner taxpayers’ money and start building a Andrews Flake Martinez Castle Jones Sessions trusting relationship in this House. Baesler Foglietta Mascara Chabot Kasich Shadegg Mr. WALSH. Mr. Speaker, I rise in Baldacci Ford Matsui Chambliss Kelly Shaw Barcia Frank (MA) McCarthy (MO) strong opposition to this motion. Chenoweth Kim Shays Barrett (WI) Frost McCarthy (NY) Christensen Kingston Shimkus Mr. Speaker, let me be clear. This Becerra Furse McGovern Coble Klug Shuster motion is tantamount to killing this Bentsen Gejdenson McHale Coburn Knollenberg Skeen bill. It sends the bill back to commit- Berman Gephardt McIntyre Collins Kolbe Smith (MI) Berry Goode McKinney tee, it eliminates all the work that the Combest LaHood Smith (NJ) Bishop Gordon McNulty Cook Largent Smith (OR) subcommittee, full committee and this Blagojevich Green Meehan Cooksey Latham Smith (TX) House has done to this point, and I Blumenauer Gutierrez Meek Cox LaTourette Smith, Linda Bonior Hall (OH) Menendez Crane Lazio Snowbarger strenuously oppose any restrictions on Borski Hall (TX) Millender- the use of the reserve fund. Crapo Leach Solomon Boswell Hamilton McDonald Cubin Lewis (CA) Souder Mr. Speaker, just because it is said Boyd Harman Miller (CA) Cunningham Lewis (KY) Spence loudly, does not mean it is true. This Brown (CA) Hastings (FL) Minge Davis (VA) Linder Stearns Brown (FL) Hefner Mink Deal Livingston Stump amendment would repeal an action Brown (OH) Hilliard Moakley taken earlier this year in the commit- DeLay LoBiondo Sununu Capps Hinchey Mollohan Diaz-Balart Lucas Talent tee funding resolution. The House has Cardin Hinojosa Moran (VA) Dickey Manzullo Tauzin worked its will on this issue. It does Carson Holden Murtha Doolittle McCollum Taylor (NC) not belong in debate on the legislative Clay Hooley Nadler Dreier McCrery Thomas Clayton Hoyer Neal Duncan McDade Thornberry appropriations bill. Clement Jackson (IL) Oberstar Dunn McHugh Thune The reserve fund is designed to pro- Clyburn Jackson-Lee Obey Ehlers McIntosh Tiahrt vide funding flexibility to take care of Condit (TX) Olver Ehrlich McKeon Traficant the unanticipated expenses that may Conyers Jefferson Ortiz Emerson Mica Upton Costello John Owens English Miller (FL) Walsh arise during the 2-year term of this Coyne Johnson (WI) Pallone Ensign Molinari Wamp Congress. The committee funding reso- Cramer Johnson, E. B. Pascrell Everett Moran (KS) Watkins lution is a 2-year funding bill. And I Cummings Kanjorski Pastor Ewing Morella Watts (OK) Danner Kaptur Payne think that in any project to have some Fawell Myrick Weldon (FL) Davis (FL) Kennedy (MA) Pelosi Foley Nethercutt Weldon (PA) unanticipated expense funds available Davis (IL) Kennedy (RI) Peterson (MN) Fowler Neumann Weller is a very proper thing to do. DeFazio Kennelly Pickett Fox Ney Whitfield The reserve fund is a separate and DeGette Kildee Pomeroy Franks (NJ) Northup Wicker Delahunt Kilpatrick Poshard distinct fund. All expenditures will be Frelinghuysen Norwood Wolf DeLauro Kind (WI) Price (NC) Gallegly Nussle Young (FL) detailed explicitly to the taxpayer. Dellums King (NY) Quinn Ganske Oxley This is a role for the Committee on Deutsch Kleczka Rahall Gekas Packard Dicks Klink Rangel House Oversight which has been adopt- Dingell Kucinich Reyes NOT VOTING—16 ed by recorded vote in the House and is Dixon LaFalce Rivers Ackerman Metcalf Wexler consistent with the rules of the House. Doggett Lampson Rodriguez Boucher Rush White I oppose any attempt to limit the abil- Dooley Lantos Roemer Forbes Sanchez Yates Doyle Levin Rothman ity of the committees of the House to Gonzalez Schiff Young (AK) Edwards Lewis (GA) Roybal-Allard McDermott Torres do their routine oversight work. I Engel Lipinski Sabo McInnis Towns strongly oppose the motion, and I Eshoo Lofgren Sanders Etheridge Lowey Sandlin b 2036 strongly urge its defeat. Evans Luther Sawyer The SPEAKER pro tempore (Mr. COL- Farr Maloney (CT) Schumer Mr. PETERSON of Minnesota LINS). Without objection, the previous Fattah Maloney (NY) Scott changed his vote from ‘‘nay’’ to ‘‘yea.’’ July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5895 So the motion to recommit was re- Clay Hulshof Pascrell The Clerk will notify the Senate of Clayton Jackson (IL) Pastor jected. Clement Jackson-Lee Paul the change in conferees. The result of the vote was announced Clyburn (TX) Payne f as above recorded. Coburn Jefferson Pelosi The SPEAKER pro tempore. The Condit John Peterson (MN) REPORT ON POLICY ON PROTEC- Conyers Johnson (WI) Pickett TION OF NATIONAL INFORMA- question is on the passage of the bill. Costello Johnson, E. B. Pomeroy Pursuant to clause 7 of rule XV, the Coyne Kanjorski Poshard TION INFRASTRUCTURE AGAINST yeas and nays are ordered. Cramer Kaptur Price (NC) STRATEGIC ATTACK—MESSAGE The vote was taken by electronic de- Cummings Kennedy (MA) Rahall FROM THE PRESIDENT OF THE Danner Kennedy (RI) Rangel UNITED STATES vice, and there were—yeas 214, nays Davis (FL) Kennelly Reyes 203, not voting 17, as follows: Davis (IL) Kildee Rivers The SPEAKER pro tempore (Mr. DeFazio Kilpatrick Rodriguez TAYLOR of North Carolina) laid before [Roll No. 335] DeGette Kind (WI) Roemer YEAS—214 Delahunt Kleczka Rothman the House the following message from DeLauro Klink Roybal-Allard the President of the United States; Aderholt Gibbons Pappas Dellums Kucinich Rush Archer Gilchrest Parker which was read and, together with the Deutsch LaFalce Sabo Armey Gillmor Paxon Dicks Lampson Sanders accompanying papers, without objec- Bachus Gilman Pease Dingell Lantos Sandlin tion, referred to the Committee on Na- Baker Goodlatte Peterson (PA) Dixon Levin Sanford Ballenger Goodling Petri tional Security: Doggett Lewis (GA) Sawyer Barr Goss Pickering To the Congress of the United States: Dooley Lipinski Schumer Barrett (NE) Graham Pitts Doyle Lofgren Scott Pursuant to section 1061 of the Na- Bartlett Granger Pombo Edwards Lowey Serrano tional Defense Authorization Act for Barton Greenwood Porter Engel Luther Sherman Bass Gutknecht Portman Fiscal Year 1997, attached is a report, Ensign Maloney (CT) Sisisky Bateman Hansen Pryce (OH) Eshoo Maloney (NY) Skaggs with attachments, covering Policy on Bereuter Hastert Quinn Etheridge Manton Skelton Protection of National Information In- Bilbray Hastings (WA) Radanovich Evans Markey Slaughter Bilirakis Hayworth Ramstad frastructure Against Strategic Attack. Farr Martinez Smith, Adam Bliley Hefley Redmond WILLIAM J. CLINTON. Fattah Mascara Smith, Linda Blunt Herger Regula Fazio Matsui Snyder THE WHITE HOUSE, July 28, 1997. Boehlert Hilleary Riggs Filner McCarthy (MO) Spratt Boehner Hobson Riley f Flake McCarthy (NY) Stabenow Bonilla Hoekstra Rogan Foglietta McGovern Stark b Bono Horn Rogers 2100 Ford McHale Stenholm Brady Hostettler Rohrabacher Frank (MA) McIntyre Stokes SPECIAL ORDERS Bryant Hunter Ros-Lehtinen Frost McKinney Strickland Bunning Hutchinson Roukema Furse McNulty Stupak The SPEAKER pro tempore (Mr. Burr Hyde Royce Gejdenson Meehan Tanner TAYLOR of North Carolina). Under the Burton Inglis Ryun Gephardt Menendez Tauscher Buyer Istook Salmon Speaker’s announced policy of January Goode Millender- Taylor (MS) Callahan Jenkins Saxton Gordon McDonald Thompson 7, 1997, and under a previous order of Calvert Johnson (CT) Scarborough Green Miller (CA) Thurman the House, the following Members will Camp Johnson, Sam Schaefer, Dan Gutierrez Minge Tierney Campbell Jones Schaffer, Bob be recognized for 5 minutes each. Hall (OH) Mink Turner Canady Kasich Sensenbrenner Hall (TX) Moakley Velazquez f Cannon Kelly Sessions Hamilton Mollohan Vento Castle Kim Shadegg Harman Moran (VA) Visclosky CALLING ON HCFA TO STOP RE- Chabot King (NY) Shaw Hastings (FL) Murtha Waters STRICTING USE OF MULTIDEX Chambliss Kingston Shays Hefner Nadler Watt (NC) Chenoweth Klug Shimkus BY DENYING REIMBURSEMENT Hill Neal Waxman Christensen Knollenberg Shuster Hilliard Oberstar Weygand WHEN IT IS USED Coble Kolbe Skeen Hinchey Obey Wise Collins LaHood Smith (MI) The SPEAKER pro tempore. Under a Hinojosa Olver Woolsey Combest Largent Smith (NJ) Holden Ortiz Wynn previous order of the House, the gen- Cook Latham Smith (OR) Hooley Owens tleman from Tennessee [Mr. Duncan] is Cooksey LaTourette Smith (TX) Hoyer Pallone Cox Lazio Snowbarger recognized for 5 minutes. Crane Leach Solomon NOT VOTING—17 Mr. DUNCAN. Mr. Speaker, every Crapo Lewis (CA) Souder Ackerman McInnis Towns year 54,000 Americans lose a foot or a Cubin Lewis (KY) Spence leg to diabetes. As terrible as this is, Cunningham Linder Stearns Boucher Meek Wexler Davis (VA) Livingston Stump Forbes Metcalf White one thing that makes this statistic es- Deal LoBiondo Sununu Gonzalez Sanchez Yates pecially heartbreaking is that many DeLay Lucas Talent Houghton Schiff Young (AK) McDermott Torres thousands of these amputations could Diaz-Balart Manzullo Tauzin have been prevented were it not for Dickey McCollum Taylor (NC) b 2054 Doolittle McCrery Thomas Federal redtape. Two-thirds of all am- Dreier McDade Thornberry So the bill was passed. putations in diabetic patients are Duncan McHugh Thune The result of the vote was announced precipitated by traumatic foot ulcera- Dunn McIntosh Tiahrt Ehlers McKeon Traficant as above recorded. tion, which could have been prevented Ehrlich Mica Upton A motion to reconsider was laid on with proper care and modern medical Emerson Miller (FL) Walsh the table. products that are already available. English Molinari Wamp Everett Moran (KS) Watkins f However, Federal bureaucrats at the Ewing Morella Watts (OK) Health Care Financing Administration, Fawell Myrick Weldon (FL) MODIFICATION IN APPOINTMENT HCFA, are restricting FDA-approved Foley Nethercutt Weldon (PA) OF CONFEREES ON H.R. 1119, NA- dressings which have been proven to Fowler Neumann Weller TIONAL DEFENSE AUTHORIZA- Fox Ney Whitfield heal these types of wounds. If this is Franks (NJ) Northup Wicker TION ACT FOR FISCAL YEAR 1998 not a scandal, I do not know what is, Frelinghuysen Norwood Wolf The SPEAKER. Pursuant to clause 6 people who are having amputations Gallegly Nussle Young (FL) Ganske Oxley of rule X the Chair announces the fol- thanks to our own Federal bureauc- Gekas Packard lowing modification to the conference racy. appointment to the bill, H.R. 1119: Just think how wonderful it will be if NAYS—203 Mr. MCKEON is added to the panel we could prevent up to two-thirds of Abercrombie Bentsen Boswell Allen Berman Boyd from the Committee on National Secu- these 54,000 diabetic amputations each Andrews Berry Brown (CA) rity to follow Mr. BARTLETT of Mary- year. Sadly, it seems that the Medicare Baesler Bishop Brown (FL) land. system sometimes gives little or no in- Baldacci Blagojevich Brown (OH) The first proviso to the panel from centives to doctors, nursing homes, or Barcia Blumenauer Capps Barrett (WI) Bonior Cardin the Committee on Resources is strick- hospitals to help their patients get bet- Becerra Borski Carson en. ter quickly because as long as they are H5896 CONGRESSIONAL RECORD — HOUSE July 28, 1997 treating patients they are getting pay- need to be broken down and effective time and published a report entitled ments from the Government. There are products like Multidex need to get to ‘‘The Decline of Black Farming in better ways to treat patients, Mr. these desperately ill patients. I call on America.’’ The Commission concluded Speaker, especially diabetic patients. HCFA to stop restricting the use of that there were widespread prejudicial To get more specific, Mr. Speaker, Multidex by denying reimbursement practices in loan approval, loan servic- there is a product approved by the FDA when it is used. It is a scandal of major ing, and farm management assistance which has been shown through repeat proportions to think that thousands of as administered by the Farmers Home success to have healed repeatedly dia- senior citizens might have to have am- Administration. betic ulcerations and to have elimi- putations in the next few months be- However, as no improvement was nated the need for amputations. This cause of this bureaucratic redtape. forthcoming, in 1990 the House Com- product is called Multidex. HCFA, how- f mittee on Government Operations, ever, is restricting the use of Multidex chaired by my colleague, the gen- USDA ACCOUNTABILITY AND through bureaucratic redtape and need- tleman from Michigan [Mr. CONYERS] less Government road blocks. The way EQUITY ACT OF 1997 investigated this matter again. In their they are restricting the use of Multidex The SPEAKER pro tempore. Under a report entitled ‘‘The Minority Farmer: is by routinely denying reimbursement previous order of the House, the gentle- A Disappearing Resource; Has the to providers who use it on patients. woman from North Carolina [Mrs. Farmers Home Administration Been If ever there was an effective way to CLAYTON] is recognized for 5 minutes. the Primary Catalyst?’’, the same con- stop the use of a medicine or a medical Mrs. CLAYTON. Mr. Speaker, when clusion was reached in 1990 as had been product, this is it. This is because most the history of this century is written, reached in 1982. That conclusion was of the patients who have these amputa- it is my hope that the year 1997 will be that, ‘‘Ironically, the Farmers Home tions are senior citizens who are on recorded as significant in the effort to Administration had been a catalyst in Medicare. Between the ages of 65 and change the course and the culture of the decline of minority farming.’’ 74, nearly 17 percent of the U.S. white the U.S. Department of Agriculture. In 1997, the General Accounting Of- population, 25 percent of African-Amer- Known as the People’s Department, fice published yet another report on icans, and more than 33 percent of His- USDA was established when President the matter, entitled ‘‘Farm Programs: panic-Americans have diabetes. Each Lincoln signed the law on May 15, 1862. Efforts to Achieve Equitable Treat- year we are spending $1.5 billion on dia- It is ironic that the very Department ment to Minority Farmers.’’ While betic amputations. Within 3 years of a created by the President who signed much of the report was inconclusive major amputation 30 to 50 percent of the Emancipation Proclamation today due to its limited scope, the GAO did diabetic patients will die, yet many faces widespread and documented find instances of discrimination. Two thousands of these amputations could charges of unfair and unequal treat- cases out of the 28 closed in fiscal year be prevented with proper care, and this ment to socially disadvantaged and mi- 1995 and 1996. The GAO also found that product Multidex, which is being re- nority farmers. the disapproval rate for loans was 6- stricted by HCFA, is the most effective Farmers and ranchers are invaluable percent higher for minority farmers treatment available today for these di- resources to all of us. The farmers and than the 10-percent rate for the non- abetic ulcerations. ranchers of America, including minor- minority farmer. I would like to show four pictures, ity and limited resource producers The very next month, two additional Mr. Speaker, which demonstrate the ef- through their labor sustain each and reports were released: The Office of In- fectiveness of Multidex, and I apologize every one of us and maintain the life- spector General Evaluation report for for the graphic nature of these pic- blood of our Nation and the world. the Secretary on Civil Rights Issues tures, and while these pictures all show These people do not discriminate. and the Civil Rights Action Team re- the same foot at different stages, and Their products are for all of us. There- port. The authors of these hard-hitting these are the same case, huge numbers fore, it is important that we do all reports came to the identical conclu- of pictures and tests and data have within our power to ensure that each sion that those who had looked at this been presented to HCFA from many, and every producer is able to farm issue 32 years previously, there are sig- many other cases showing similar re- without the additional burden of insti- nificant problems with discrimination sults. tutional discrimination rearing its within the Department of Agriculture. This first photograph shows the foot ugly head. On February 28, 1997, the Civil Rights of a 75-year-old diabetic patient with a It greatly concerns me, Mr. Speaker, Action Team report was issued and en- massive ulcer of the right foot. It is a that in my home State of North Caro- titled ‘‘Civil Rights at the United stage four wound with heavy infection, lina there has been a 64-percent decline States Department of Agriculture.’’ It gangrene, and amputation of the left in minority farmers just over the last was done by the Civil Rights Imple- toe. The second photograph shows the 15 years, from 6,996 farms in 1978 to mentation Team at USDA, and it docu- same foot 19 days after treatment with 2,498 farms in 1992. ments the decades of discrimination Multidex has begun. The infection has There are several reasons as to why against minorities and women within cleared, and the healing has begun. The the number of minority and limited re- the Department. Ninety-two rec- third photograph shows the same foot source farmers are declining so rapidly, ommendations for change were made in 25 days after the treatment with but one that has been documented time the report, 13 which require legislation Multidex has begun. It is obvious that and time again is the discriminatory action. the treatments are working. The final environment present in the Depart- I have introduced the bill, H.R. 2185, photograph shows the same foot at the ment of Agriculture, which was the that seeks to implement most of those time of discharge. Without Multidex or very agency established by the U.S. legislative recommendations within some similar product this foot would Government to accommodate and to the CRAT report. The bill is entitled probably never have healed. The foot assist the special needs of all farmers the ‘‘USDA Accountability and Equity might have had to have been ampu- and ranchers. Act of 1997.’’ It consists of three titles; tated if Multidex had not been used. Mr. Speaker, the issue was first title I, Program Accountability, mak- This is obviously a situation where raised in 1965, when the U.S. Commis- ing changes to the structure of the the system has broken and needs fix- sion on Civil Rights established that county committees as well as to the ing. Clearly helping the body to heal it- USDA discriminated both in internal status of county committee employees. self is a much better choice than ampu- employee action and external program County committees are retained, and tation from both a quality-of-life point delivery activities. An ensuing USDA the tenure of county committee em- of view and a cost-of-Medicare point of employee focus group in 1970 reported ployees is preserved and protected. view. the USDA was callous in their institu- Title II, Program Equity, makes provi- If any part of the Federal Govern- tional attitude and demeanor regarding sions for those producers who are of ment needs reinventing, Mr. Speaker, civil rights and equal opportunity. marginal financial standing to con- it is Medicare. Here is a vital Govern- In 1982, the U.S. Commission on Civil tinue to participate in USDA loans and ment service where artificial barriers Rights examined this issue a second programs. These provisions recognize July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5897 the financial hardship created by tleman from Ohio [Mr. KASICH] is rec- discretionary spending limits, 602(a) alloca- USDA. ognized for 5 minutes. tions, and the appropriate budgetary aggre- It is my hope, Mr. Speaker, that Mr. KASICH. Mr. Speaker, pursuant to the gates when the Appropriations Committee re- through this legislation and other ef- Personal Responsibility and Work Opportuni- ports an appropriations measure that provides forts we will continue with steady ties Reconciliation Act of 1996, Public Law additional new budget authority and additional movement toward an emancipation 104±193, I hereby submit revised 602 alloca- outlays to pay for the costs of continuing dis- proclamation for socially disadvan- tions and other appropriate budgetary levels. ability reviews. Subsection 211(d)(5) of Public Law 104±193 taged farmers and minority farmers. The Committee on Appropriations has re- amends section 103(b) of the Contract with ported H.R. 105±2264, a bill making appro- f America Advancement Act of 1996, Public priations for the Departments of Health & REVISED 602 ALLOCATIONS AND Law 104±121, which provided for an adjust- ment in the various budgetary levels estab- Human Services, Labor, and Education, and REVISED ALLOCATIONS IN NEW related agencies for fiscal year 1998. This leg- BUDGET AUTHORITY FOR THE lished by budget resolutions to accommodate additional appropriations for conducting con- islation provides $245,000,000 in budget au- HOUSE COMMITTEE ON APPRO- tinuing disability reviews [CDR's] under the thority for continuing disability reviews. The re- PRIATIONS supplemental security income program. sulting outlays are $232,000,000. The SPEAKER pro tempore. Under a Public Law 104±121 directed the chairman The revised allocations and other budgetary previous order of the House, the gen- of the Committee on the Budget to revise the levels are as follows: COMMITTEE ON APPROPRIATIONS [In millions of dollars]

Current allocation Change Revised allocation Discretionary BA O BA O BA O

General Purpose ...... 520,657 549,376 +245 +232 520,902 549,608 Violent Crime Reduction Trust Fund ...... 5,500 3,592 ...... 5,500 3,592 Total ...... 526,157 552,968 +245 +232 526,402 553,200

The aggregate levels for budget authority and outlays for fiscal year 1998 are increased as follows: [In millions of dollars]

Current aggregates Change Revised aggregates BA O BA O BA O

1,386,700 1,372,000 +245 +232 1,386,945 1,372,232

Pursuant to House Concurrent Resolution Section 206 of House Concurrent Resolu- The House Committee on Appropriations 84, The concurrent resolution on the budget tion 84 states that: has reported H.R. 105±2267, a bill making ap- for fiscal year 1998, I hereby submit for print- * * * after the reporting of an appropriation propriations for the Departments of Commerce ing in the CONGRESSIONAL RECORD a revised measure * * * that includes an appropriation Justice, and State, the Judiciary, and related allocation for the House Committee on Appro- for arrearages for international organiza- agencies for fiscal year 1998 which includes tions * * * the Chairman of the Committee $100,000,000 in budget authority and priations to reflect $100,000,000 in additional on the Budget shall increase the appropria- new budget authority and $98,000,000 in addi- tion allocations, * * * by an amount pro- $98,000,000 in outlays for international arrear- tional outlays for payment of international ar- vided for that purpose in that appropriation ages. rearages. measure. The adjustments are as follows: COMMITTEE ON APPROPRIATIONS [in millions of dollars]

Current allocation Change Revised allocation Discretionary BA O BA O BA O

General Purpose ...... 520,902 549,608 +100 +98 521,002 549,706 Violent Crime Reduction Trust Fund ...... 5,500 3,592 ...... 5,500 3,592 Total ...... 526,402 553,200 +100 +98 526,502 553,298

The aggregate levels for budget authority and outlays for fiscal year 1998 are increased as follows: [in millions of dollars]

Current aggregates Change Revised aggregates BA O BA O BA O

1,386,945 1,372,232 +100 +98 1,387,045 1,372,330

The SPEAKER pro tempore. Under a 60 minutes as the designee of the mi- agreement, when it is concluded, is previous order of the House, the gentle- nority leader. something that helps the average woman from Texas [Ms. JACKSON-LEE] Mr. PALLONE. Mr. Speaker, I rise American, the average working Amer- is recognized for 5 minutes. tonight, and we are in really the final ican family. [Ms. JACKSON-LEE of Texas ad- hours of the budget negotiations with dressed the House. Her remarks will the balanced budget and tax cut plan One of the things that I am most appear hereafter in the Extensions of close at hand, and as the final details proud about is the fact that the Presi- Remarks.] are worked out concerning a number of dent indicated very strongly today issues, I want to, on the one hand, talk that the final agreement will contain f about some of the major achievements $24 billion to expand health insurance that I believe Democrats have suc- for kids. Those of us who have been in- THE BALANCED BUDGET ceeded in accomplishing if this budget volved with this issue for a number of AGREEMENT agreement is finally concluded also months, actually more than a year The SPEAKER pro tempore. Under talk about some of the things that I now, know that a few months ago when the Speaker’s announced policy of Jan- think that Democrats and the Presi- the initial budget agreement was uary 7, 1997, the gentleman from New dent need to continue to stand firm on Jersey [Mr. PALLONE] is recognized for to make sure that this balanced budget H5898 CONGRESSIONAL RECORD — HOUSE July 28, 1997 struck, the proposal was for a $16 bil- As I think many Members have this Nation. In fact, I would like to say lion plan that would guarantee cov- heard, as my colleagues have heard, that this deals with what America erage for about half or 5 million of the one of the Democrats’ main concerns stands for. 10 million uninsured children that we on the tax side of this balanced budget The gentleman’s commitment has have in this country. Because of the bill is that families that have children been much appreciated. I have been de- addition of the tobacco tax, which ap- who are working but at the lower end, lighted to join the gentleman on this, pears to be included in the final budget if you will, of the economic spectrum, as well as to join the gentleman, along agreement, and the additional 8 cents but still paying taxes, still paying in- with my Democratic colleagues, on the that would be devoted to kids’ health come taxes, still paying payroll taxes, letter written to the President to ask care in that, we now have a larger part that they get the advantage of the $500 him to stand firm. of money, $24 billion, and this could ac- per child tax credit. As we speak, rumors are abounding tually accomplish, if it is used prop- Again, it appears that the nego- that a deal has been cut. Many people erly, providing insurance for even more tiators, in coming to a final agreement, ask why we are engaging in this discus- than the 5 million kids that were ini- are about to make sure that there is a sion. It is this kind of discussion night tially promised. guarantee that those middle-income after night and time after time that I But I have to say that in order to families, those working families that believe brought this deal to where it is make sure that that money goes to pay pay income taxes or pay payroll taxes, tonight. Whoever may think that clo- for kids’ health care we have to make that they will still get the child tax sure is here, let me remind everyone sure that the money is used by the credit, even though they are also get- that a vote has to be taken. We will States for insurance, that there is a ting the earned income tax credit. continue to fight until we find out in good benefit package and that there This has really been one of the more final form that these issues are in are not ways for States to basically divisive issues in the budget negotia- these documents, concise and safe on take the money and use it for other tions, and I just want to urge the White behalf of all people in need in all of purposes. House once again to stand firm in de- America. fense of the Democrats’ position on Let me also acknowledge ranking b 2115 this. It really goes right to the core of members, the gentleman from South In that regard, as the final details what each party believes is the right Carolina [Mr. SPRATT] and the gen- are worked out concerning children’s thing to do. tleman from New York [Mr. RANGEL], health care, I just wanted to urge my Just very briefly, Democrats believe who worked with the President and the colleagues to stand behind the stronger that the right thing to do is to provide administration, because the gentleman Senate proposal that covers more chil- tax breaks to those who need them. is right, the gentleman from New Jer- dren, not only because it has the extra With respect to the earned income tax sey. As we reminded the conferees and money available, but because it offers credit, that means extending the pro- reminded the Republicans, we are not a real benefits package and insures posed $500 per child tax credit to the 24 going to stand by and see kids’ health that all the money set aside for chil- million working families that the Re- care cut. We are not going to stand by dren’s health will in fact be used to publican bill excluded. Under the tax and watch 10 million children who are provide children with health care cov- plan that was pushed by the GOP, fam- uninsured continue to be unempowered erage. ilies with children that make less than and in jeopardy because they have no Unlike the House Republican plan, $30,000 a year would not qualify for a health care, and continue to jeopardize which falls short on kids, the Senate $500 per child tax credit. The Repub- young families who had no other re- plan uses the additional monies from licans fashioned this tax plan so that source to provide for their children. the tobacco tax increase to cover prob- would exclude these families from eli- How many times did we hear the sto- ably twice as many kids. While Demo- gibility for such a tax credit because ries of young families saying, I could crats see this legislation only as a first they do not make enough money. It is not have my children play in sports, or, step in covering the 10 million unin- like a reverse Robin Hood doctrine. I was afraid for them to play on the sured children, a majority of the House They would penalize the poor to benefit playground or do the normal things Democrats joined me in signing a let- the rich. children do, because I simply did not ter to the conferees and to the Presi- On the other hand, in the Republican have any child health insurance? dent outlining the same principles that plan we had major reductions in cap- I am very proud that we can empha- the Senate language embodies. ital gains taxes, in indexing. We had size as our victory the difference be- Republicans often cite the need to major efforts to cut estate taxes for tween 5.5 million children and 13 mil- balance the budget for our children, wealthy Americans. We also had the lion children. It was the Democratic ef- and I urge them not to turn their backs corporate alternative minimum tax fort, the Democratic fight, the Demo- on the Nation’s uninsured kids. Let us that basically allows corporations to cratic plan, that pushed the Repub- support the Senate language. Let us avoid tax liability. licans for a more expanded child tax make sure we have a good benefits I think what is happening now is that credit, moving them from a mere 3.9 package. Let us make sure we do not the Democratic proposal that says that million families benefiting who made have a direct service option or a high those families making less than $30,000 under $30,000, resulting only in 5.5 mil- direct service option that lets the a year should be able to get the child lion children being impacted by the money be used for purposes other than tax credit, it looks like we are finally $500 per child tax credit, to a whopping kids. Let us make sure that the States convincing our Republican colleagues, 8.78 million families, but a whopping 13 have to provide insurance for the kids and the President is standing firm on million children that now would bene- and have to spend at least as much that, but we have to keep repeating the fit by getting this tax credit. I think money as they have in the past, if not point as we go down to the final days that is something that is directly at- more, to make sure that there is ade- and hours of these negotiations. tributable to the Democratic efforts. quate coverage for kids. I yield to the gentlewoman from There is something very important The other thing on the tax side that Texas [Ms. JACKSON-LEE], who has been to my community. I want to emphasize I would like to talk about before I yield here, as I said, almost every night talk- or at least raise this point because I to one of my colleagues who has been ing about why it is important to make am still going to be looking for the re- here, the gentlewoman from Texas [Ms. sure that this budget deal is good for finement of this issue. One is that we SHEILA JACKSON-LEE], who has been the average working family. certainly had talked about capital here almost every night with me and Ms. JACKSON-LEE of Texas. Mr. gains, and there are some benefits here on other occasions, talking about this Speaker, I thank the gentleman from in bringing down the percentages from balanced budget to make sure it in- New Jersey [Mr. PALLONE] for his lead- 28 to 20 percent. But there was a lot of cludes the Democratic provisions, and ership. This has been a team effort in discussion, particularly with the Black to make sure it covers and provides tax being persistent and consistent dealing Caucus, about taking some of these cuts and benefits for the average work- with some very crucial issues that deal funds and reinvesting in inner cities ing family. with Democratic constituency all over and rural communities. I hope we will July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5899 still have an opportunity to talk about private entities, are not going to im- Mr. PALLONE. Mr. Speaker, I just reinvestment, for we are better when pact poor children and elderly citizens, wanted to thank the gentlewoman. the infrastructure is as good as one’s the disabled, unfairly. I want the word I was just looking at some of the neighbor. I think we should not leave to go out that we will continue to fight worst features of the House and Senate that point. and ask the White House for language Republican bills that we have been Another point that I think is key is so we can look and see how we can fighting against for the last 2 or 3 this whole question of welfare to work. solve this problem. months. Based on the reports that we We are very, very gratified that $3 bil- Then finally, let me say that some- have heard today about what the lion has been set aside but, more im- thing the gentleman from New Jersey agreement finally will be, we do not portantly, that it will be controlled by [Mr. PALLONE] and I worked on to- know for sure, but we really have, as the Department of Labor. People need gether, that is the disproportionate the gentlewoman said, made some to understand the distinction. That share that not only Texas but many major achievements in fighting against means we will not have any dipping in other States, and New Jersey as well, a some of these worst provisions. the pot. lot of folk do not understand DSH as Just briefly to give an example, the We voted on welfare to work, we having any great impact on them, but $500 per child tax credit, which we men- voted on having Americans move from it really does. It means that the fast- tioned, really was not going to go to welfare to work, but we had our hands est-growing States sometimes are pe- most families below $30,000 in income. thrown up in the air because, of course, nalized for their share of Medicaid dol- Now it will go to them. If they are pay- in the Republican plan there was not a lars in terms of the structuring that ing income taxes or they are paying sufficient amount of protection and has gone on. payroll taxes, they will still be able to cover and help for those who needed to We have tried to work with both the take advantage of that $500 per child move from welfare to work, some sort administration and the conferees. I tax credit. of support system. think we have moved in the direction Capital gains and indexing, if the This system, I believe we can make it where we are seeing sort of a 3.5 per- gentlewoman will remember all the work. The Department of Labor, which cent response to this. Of course, every- discussions we had about how the in- is a job-generating department, with one may not be made happy, but I dexing provision caused the revenue its commitment to moving women think it is important that we do not loss to explode, and all this money from welfare to work, and other recipi- unfairly burden those States that are going to wealthy corporations and fam- ents, and now that particular pot of growing and trying to receive their ilies that would really explode the defi- money, controlled by cities where the share of Medicaid dollars to help their cit, the indexing has been dropped. Education tax assistance, the GOP welfare impact is most felt, that means public hospital systems. plans were far short of the $35 billion in that through the formula, the 75 per- I have in my district a large share of tax assistance that the President and cent formula process and 25 percent the public hospital system in Houston. Democrats had talked about now. They competitive, we can actually see on the I know the service it renders. I know have agreed to that. the budget constraints it is under. I re- ground efforts moving and helping Another example is with regard to these young mothers and other welfare alize that this process is extremely im- the minimum wage. I think the gentle- recipients become independent, but portant. That is why I say this is an woman mentioned that with the inde- through a dignified process, and not a issue that we must keep under advise- pendent contractors, where people process where their whole self-esteem ment and study over the next 48 hours, would be taken off their pensions and is undermined. that we can ensure that we have a fair- their benefits and not be eligible for I have some concerns. I would like to ness in the DSH, or the disproportion- minimum wage anymore because they raise these, too. I hope we can continue ate share of Medicaid distribution. were classified as independent contrac- All in all, as I see my colleague, the this discussion. tors. As I said, for those who do not hear gentleman from Michigan [Mr. BART any joy in my voice, I have joy, but I STUPAK,] as well has joined us, and I b 2130 recognize there is a vote coming up. We know how hard he has worked, but I That is gone. Really important, with cannot advocate and abandon these is- think that clearly sometimes these regard to Medicare, we had the Senate sues before we get the final vote. I am voices of ours may sound as if they are provisions that raised the age eligi- gratified on the kids’ health, gratified ringing in a hollow tunnel. I am glad bility to 67, that had the means testing on the $30,000 a year families who will we kept ringing, and the reason is be- in part B, that had the home health co- benefit from this tax credit who would cause there is no doubt that this legis- payment, these things are all gone. not have benefited if we had not held to lation that is now at the precipice of a Most important, what we already men- the line and fought the fight. deal would not have been where it is tioned with the kids health care, that But I am concerned that Texas is today if we had not continued to pound we shall now have a program that has going to be unevenly impacted. My col- and pound and emphasize that we were a real possibility of insuring the major- league, the gentleman from Texas, Mr. not going to sell out to special inter- ity of those 10 million uninsured kids. GENE GREEN, has worked very hard. I ests, but we were going to get those Ms. JACKSON-LEE of Texas. Mr. have joined him on this issue. That folk who could not be inside the circle, Speaker, I think something very im- deals with privatization of welfare by could not get a bus ticket or an air- portant that we do not tend to be asso- giving it to large corporations, a very plane ticket to get up here to Washing- ciated with as Democrats, I hope all sensitive process with trained profes- ton and talk about hard working citi- the small business owners and family sionals. zens, teachers, and police officers who farmers really pay attention to this The law even states that this deci- make $30,000 a year or less, I am glad legislation, because there is no doubt sion-making on who receives welfare or we stood on their side, along with that on the budget and on the tax plan, who does not is a governmental proc- those families trying to get their the tax bill, that the Democrats came ess, not a corporate process. Through young people to college, with the out on the side of small family farms the badgering of leadership in Texas, HOPE scholarship. and small businesses. we now have been unfortunately driven It is a better deal because of the I had my small business owners in this legislation, the budget rec- Democratic alternative. I want it to be speak to me in the district and say, onciliation and tax plan, to accept pri- the best deal, and I think we need to would we be willing to stand with vatization in Texas. keep working and fighting the fight them. We did, because the relief that I am not willing to capitulate at this until this gets final closure on the floor we are getting for them comes much point. I am willing to continue to fight. of the U.S. House of Representatives. earlier than the relief proposed ini- We need to look at this language. We Mr. Speaker, I thank the gentleman tially for them out of the Republican need to make sure that the large cities for the fight we have waged together, plan. I believe we have got it moved up that are going to be so severely im- along with our Democratic colleagues, to 1.1 million. pacted by decisionmaking outside of on this very important piece of legisla- I think that was something that the the Government arena, in the hands of tion. Democrats worked on, and I think it is H5900 CONGRESSIONAL RECORD — HOUSE July 28, 1997 important to note that we are standing nal proposal was to make sure at least on a couple bills, but I bought four up for those who really make this we got half of them covered with this tires for my car so I could travel back country run. They are the engine of proposal. and forth to work so I could continue this country, small businesses, family The bill that went through the House working so I could stay off public as- farms. That is an important aspect of only did 500,000, the Republican bill, sistance. what we have worked on and what we 1/20 of what we were trying to do or 5 So I advised this young lady that we, can certainly take credit for, for help- percent. And with the agreement or the the Democrats, would stand with her. ing those who did not have a real voice. discussions about maybe putting the And night after night we are going to Mr. PALLONE. Mr. Speaker, I thank tobacco tax back on, which would cap- be down here advocating that every- the gentlewoman. ture some more money so we can pay body who has a child should be entitled I yield to the gentleman from Michi- for the practice program, that is the to that $500 per child tax credit, if you gan [Mr. STUPAK]. He has been here way we have to do it. We have to pay are making less than $75,000. That is most nights arguing in favor of the av- for programs. We have to do it with the Democratic plan. We hope we will erage working family, both on the tax new sources of revenue and not tap old stand with her. cuts as well as the entitlement provi- sources so we do not start running a But as I came over, I mentioned the sions. deficit. storm clouds on the horizon. That is Mr. STUPAK. Mr. Speaker, I thank On education, you have the HOPE the way I see this budget. If you go the gentleman for yielding to me. scholarships, the President has stood back, I know the gentlewoman from It is great to join the gentlewoman firm with the Democrats. We are going Texas [Ms. JACKSON-LEE] came after from Texas [Ms. JACKSON-LEE] tonight to try to put some money in there. But me and the gentleman from New Jersey as we talk, hopefully within the few the $500 per child tax credit is really [Mr. PALLONE] was here before me, I nights we have left we can move on to going to be sort of the hallmark. came in in 1992. That was the year, if another subject, not that the subject is We have been here for a number of you remember 1992, the first year not important, but I think we are put- nights trying to argue that the people President Bill Clinton was elected. ting together a package, we are finally on the earned income tax credit de- What happened in 1992. Remember putting together a package, and I serve that tax credit. The Republican that? think probably within the next 24 or 48 Party has said that those people who In 1992, we inherited an economy that hours we will have some agreement. are on the earned income tax credit had barely grown. There were very few I could not help but notice as I should not get a $500 per child, because jobs being created. The deficit had hit walked over the storm clouds are brew- all they are looking for is another wel- a record level. Mr. Boskin, who was Mr. ing over there over the Washington fare payment. Bush’s economic advisor, I still have Monument. It is starting to rain a lit- Let me tell you, I have a person in the report, the week before President tle bit. I hope, and I truly hope, that as my district who called me the other Clinton took office Mr. Boskin pre- we move forward with this spending night. She has two children under the dicted the deficit would be $322 billion. Real business investment in equip- bill and also a tax cut bill, we are not age of 18. Unfortunately, she is di- ment and everything else was way going to let the rain come falling down vorced. Her ex-husband is not real down. It was growing at only about 2 in the next 5 years, we have a 5-year prompt on his child support payments. percent a year. Savings and investment plan and the outyears, it is a 10-year But she is a very hard working woman, was down. Consumer confidence in the plan, where we have huge deficits like works a full-time job. When she first economy was down. Interest rates were we have seen. got divorced, the best she could do was rising. A 30-year Treasury note was This has to be a fiscally responsible a $4.95 an hour job, 40 hours a week. over 7.5, almost 8 percent in 1992. Un- and a disciplined budget, or we are That is not even $200 gross per week. employment was higher than it had going to be back to where we were Then she got a better job where she been in the 1990–1991 recession. Incomes when I came here in 1993. We had a cau- made $7 an hour. Even at $7 an hour, were stagnant. Real average hourly cus tonight. We had a little bit of an that is only $14,560 per year. Every earnings fell about 7 percent in this outline of the tax cuts and also some of time, whether it was the $4.95 job or country. Remember, it is the economy, the spending reductions. Our friend the $7 job, every time she got a pay- stupid, that is what they told us in from Texas is very correct on the DSH check, what did we take from that pay- 1992. payments, disproportionate share, check? So what did we do? We got Mr. those are hospitals who serve people We took State taxes. We took Fed- Boskin’s report. Those of us who came who do not have insurance or the elder- eral taxes. We took Social Security in in 1993 with the new President, Jan- ly who are on Medicaid or Medicare. out, FICA to pay for the Medicare. So uary of 1993, when President Bill Clin- So we, the Federal Government, give she was taxed as she went along. At the ton took office, the deficit was $322 bil- them extra money to pay for the cost end of the year, if she was fortunate lion. We said, we have got to get at that is not captured by Medicare and enough when she filed her income tax, this. We would like to give the middle Medicaid or the no insurance. And she got the earned income tax credit class a tax break, but right now we States like Texas which have a high which basically says, if you are below a have to get our fiscal house in order. In DSH payment structure, really get certain level, we will give you back 1993, he worked with Congress to enact hurt hard, at least in the first spending some money. It is usually about a an economic program which would bill we have seen. So I am glad you are $1,000 to $1,500, depends on where you lower our deficits and put more invest- watching that closely. You are correct, fall on your wages. ment in hard-working Americans in Mr. Green has been working with us in What did it do? She said, I resent the this country. The plan was passed in the Committee on Commerce to make Republican Party saying I am looking Congress with only Democratic sup- sure that happens. for a welfare handout. I was never on port. As we look at this in the next 48 public assistance, even though I had Ms. JACKSON-LEE of Texas. Mr. hours or 24–48 hours, I really hope we two children. I was supporting them. Speaker, if the gentleman will con- will not rush through this legislation. I My ex-husband was not real prompt on tinue to yield, that is an excellent really do not want us to go back to the his child support payments, but I never point. That was a very hard time. days of spending money we do not went on public assistance. I worked. There had to be believers in order to have, giving tax breaks to corporations And I got a little helping hand from come to grips with a very difficult de- and other people that we really cannot the Government. Not a handout, but a cision. That is, a tax increase. afford. helping hand. And what it allowed me We can now look back and say the I just cannot say enough, that if we to do, she said, I remember 1 year very words ‘‘tax increase,’’ nobody wants to could get it structured, targeted so we distinctly. She now has a good job and say that, and not a tax cut. Now some do have children’s health credit and it does not qualify for the earned income 4 years later, we are standing on, you is children’s health coverage, there are tax credit. She said, I remember 1 year, made a very valid point, we have to be 10 million children in this country that I usually used that EITC to catch up on very cautious, we cannot throw cau- do not have health care. And the origi- my bills, but 1 year I used it, caught up tion to the wind, but we are standing July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5901 on an economy smart. We said the But I am concerned that having done sure the future is just as bright as to- economy stupid, but we are standing 90 percent of the work, we need to fin- morrow is with this budget agreement. on an economy smart. I think that is ish the job. And I do not want to rush I thank the gentleman once again for an important point, one that is grow- into this agreement that is being put his leadership on this issue. ing and that we have to watch. together, because we have to take the Mr. PALLONE. Well, I thank the Mr. STUPAK. In the 1993 budget vote, opportunity now to finally eliminate gentleman, and I wanted to follow up probably those of us who lived through not just the deficit but the structural on some of the points that the gen- it probably know it better than any of deficit so that we will be able to run tleman from Michigan made, and that them, there were 60 some Democrats surpluses in good economic times in- is with regard to the President. who came in with me, and after that stead of deficits like we still are today If my colleague would remember, I vote my class now has maybe 40 Demo- and stay at least in a balanced budget think it was a week or two ago when crats left. We lost about half our during times of recessions. the Treasury Secretary, Robert Rubin, Democrats. It was a tough vote. We did If you look at it, we have got to who appeared before our caucus, also raise taxes on those whose gross in- make sure any agreement makes very sent a letter to those who were nego- come was more than $180,000. I can tell important investments in policy tiating the budget in the final weeks, my colleagues, in my district in north- choices for our Nation’s economic fu- and he outlined four key tasks for any ern Michigan, that is 1,170 families, ture. We need the savings and reforms tax bill. with the money we taxed, those we that are in the spending bills, whether Just to go over those briefly, one was asked to pay more, the higher income it is DSH payments or whatever it no exploding deficits. Of course, the in- folks. Over 32,000 families in my dis- might be, to address the Nation’s long- dexing for capital gains is a big factor, trict got the earned income tax credit term budgetary challenge, past the 1998 and that is now gone from what we that I spoke of a little earlier. So we election, past the election of 2000. If it hear. Then he talked about a fair bal- taxed those, we asked those who could is going to be a 10-year plan, let us ance of benefits for working Ameri- give us a little more to give it. We look at it for a full 10 years and make cans. And, again, we have been pushing helped invest in our people. sure we address our Nation’s long-term for the child tax credit to be available Since then the deficit has fallen dra- budgetary challenges and needs. to the majority of those people who are matically. In fact, at the start of this We are within striking distance of a working, who are under $30,000 but they year it was about $70 billion. When we zero deficit, a balanced budget the first are working and paying taxes. close our books here on September 30, time since 1969. It is not time now to And the third one, and I wanted to 1997, it will be approximately, some abandon the responsible, effective just mention this because I know the people predict, as low as $35 billion, ba- strategy we put together in 1993. It cost gentleman from Michigan and the gen- sically no deficit whatsoever. So we us. It cost us Members and a lot of peo- tlewoman from Texas have talked in have cut the deficit with the help of ple questioned what we were doing. But the past quite a bit about the edu- the President and just Democratic it has worked, and it has worked well. cation tax aspect of this, he said in the votes by over 90 percent in less than 5 So as we go here in the next 24, 48 letter that the tax cuts have to encour- years. hours and reach this agreement, let us age economic growth. He stressed that We have the smallest deficits since reflect on where we have been for the the most important point in that re- 1980. And as a percentage of our gross last 4 or 5 years. Let us reflect on those gard was to make sure that our chil- domestic product, it is the smallest it days of the high deficits of, again, dren are well educated in an ever-in- has been since 1974. In fact, the deficit when President Bush left office, 322 bil- creasing global economy as we ap- is less than 1 percent of our gross do- lion, and how did we get it down here proach the 21st century, and that that mestic product here in 1997. and make sure that the fiscal respon- was a Democratic priority, and that So if you take a look at it, this defi- sibility that was put in place in 1993 the Republican proposal neglects the cit reduction was based on the Demo- continues not just for today but for to- commitment to education and instead cratic plan. Now the GOP gets up, the morrow and for our future. offers broad-based tax breaks to Republican party gets up and says, we I am very pleased to join my col- wealthy buddies who want to make a passed these budgets and that is what leagues here tonight and hope those killing in the stock and bond market. got everything down. Since they have folks who are Members in their offices Well, one of the things the President taken over majority party, they have and around this country listening to us insisted on and the Democrats insisted not passed one budget yet. We have tonight, ask that question, where is on was that this $35 billion be available been living on continuing budget reso- this agreement going to be in 4 or 5 as part of the tax package for edu- lutions, continuing on the same budg- years? Let us make sure it does not ex- cation tax credits. And that, from what et, the same plan that the Democrats plode out. I understand in terms of what the ne- passed in 1993. gotiators have agreed to, is part of the b They have not passed a budget yet. I 2145 final agreement. predict this year, even with this budget As I walked over, I could see those It was interesting, because today in agreement, we probably still will not storm clouds. And I could also see my local newspaper, this is a syn- pass a budget because we will get hung those storm clouds in this budget. And dicated column that I am sure appears up on some things. As you take a look we have to be cautious in how we do it. in various papers around the country. at it, what has really happened? Not We have a line item veto. The first Actually, it is not, it is written by Rob- only did we raise some revenues and in- time ever the President has had a line ert Reich and John Donahue. Robert vest it in people here in this country, item veto. That has been challenged in Reich, of course, was the Secretary of but we also, the public sector is much the courts. We have a number of issues Labor, and John Donahue was counsel smaller. that could turn this economic plan on to Reich in the first Clinton adminis- We moved forward to cut over 350,000 its ear, and it is our responsibility, tration. Federal employees with early retire- those of us who have the vote, to make It says, ‘‘What should be first in line ments. We have the smallest Govern- sure it does the right thing. for tax breaks: education, capital gains ment since the days of John F. Ken- So I am very pleased the President is or estates?’’ And it says ‘‘the Clinton nedy in 1960. Since 1960, our people in standing tough, that we are going to administration is sticking to the late- this country, 130 million people, we are provide some health care for children spring deal it struck with Congress: $35 now over 260 million people so we dou- in this country, education, and give billion earmarked for incentives linked bled the number of people in this coun- them some hope to get a college edu- to education.’’ try who rely on services from the Fed- cation, and a $500-per-child tax credit, And why? I just thought it was very eral Government, but we have the including those people who earn the interesting, just briefly here, because smallest Federal work force serving earned income tax credit. it says that ‘‘While there’s no consen- twice as many people since the days of I am proud to stand with the gen- sus on the effects of preferential tax John Kennedy. So we really did a yeo- tleman. And those are our parameters rates for capital gains, the best pre- man job in doing this. on the budget cuts, and let us make diction is little, maybe no, net increase H5902 CONGRESSIONAL RECORD — HOUSE July 28, 1997 in savings and investment, a lot of ma- So it is a good point the gentleman in the final agreement, but my under- neuvering by accountants and lawyers makes, and I wanted to bring it more standing is the President insisted on to relabel income as capital gains and into the workplace setting, that edu- those provisions and that they are in a sharp rise in the after-tax income of cation that we will need. Anything we there. a tiny, wealthy slice of the popu- can do at the Federal level, we should Ms. JACKSON-LEE of Texas. If the lation.’’ But the benefits of education and we must. gentleman would yield, I would like to tax incentives are focused on working Mr. PALLONE. I am glad the gen- challenge sometimes the interpreta- families. tleman brings that up, and if I can tion made globally about the Demo- And basically what we are choosing quickly just mention that job training crats and their fight for those who between is middle class tax relief that is just as important an aspect of that. make less than $50,000 a year. rewards and encourages investments in What it points out in this article, I am proud of that fight, but I think America’s earning power, as opposed to again, this is in my home paper, the it is important when we discuss the these sterile tax breaks that will deep- Asbury Park Press, is that most stu- issue of capital gains and who gets cap- en the divide between the very wealthy dents still are paying a majority of ital gains to sort of put this whole and the rest of us. their tuition bills with their own issue in perspective, particularly I think it was very important money. So when we talk about these around this very explosive and boom- throughout these negotiations that the tax incentives or tax credits, they real- ing economy, because that is what it President and the Democrats insisted ly make a difference. is. on these education tax breaks because My understanding is, based on what Just a couple of weeks ago the head- of the investment aspect, because of we are hearing, and again we do not lines read that the Dow had reached what it means to the future of the have a final document, but what I un- 8,000 points. So I do not think that we country, and I know both my col- derstand is that of this $35 billion should in any way feel intimidated leagues have talked about this in the which is now agreed to, that the Presi- about allegations that the Democrats past. dent insisted on we have a credit of 100 are not respecting those who have in- Mr. STUPAK. If the gentleman would percent of the first $1,000 tuition and vested in this country and helped by yield on that point, even if we put it in fees, and that is in the first 2 years, their wealth to make this country everyday terms, we have to remember and then 50 percent of the next $1,000 in great. The atmosphere and the eco- the HOPE Scholarship is not just going 1998 through 2002. nomic climate has helped to make to 4 year colleges but 2-year colleges or And if a student is not eligible for those who are in business strive and to go in some worker training program. the HOPE Scholarship but is pursuing thrive and be prosperous. An individual can get up to $1,500 un- a postsecondary degree or a certificate It is important, then, that we empha- derneath the President’s HOPE Schol- or enrolled in a job skills program, a 20 size the importance of the great equal- arship plan. percent credit for tuition and fees up to izer, and that is an education. The dis- I have two sons, my oldest son, Ken, $5,000 through the year 2000 and $10,000 tinction between how we started out will be graduating here in 1999, and he thereafter is granted. with the HOPE Scholarship versus the is a smart young man and he is going I think the agreement also adopts Republican plan, which was to say to to do quite well in college and forward. the student loan interest deduction. So those who were already wealthy, ‘‘It is But if we take a look at it, when he there are a lot of incentives in there all right, you can do an IRA, a savings starts working in his adult life, it is es- for people paying for tuition out of account, and you can then take a tax timated that he will have to change their own pocket, which most people deduction when your children are jobs at least eight times in his working still do. ready to go to college.’’ career. Eight times. Mr. STUPAK. On the tuition part, is That does not fare well for the aver- He is a very smart young man. Noth- the gentleman saying there is going to age teacher, the working bus driver, ing wrong with his ability to learn. But be a look-back provision for those who police officer, who, by the best of what the technology is moving so fast that already have a guaranteed student loan they can do, they have to spend as they those who begin employment in the or who are paying off their college go. So there is a time when their year 2000, their jobs will become out- loans? Even if they are not in college youngsters come up to the time for col- dated. Outmoded. Technology is mov- now, let us say they graduated last lege and they are looking for monies. ing so fast, the job that people have year, are they going to be allowed to They do not have savings. today will be outdated and gone tomor- look back and at least take off that in- This HOPE Scholarship, what we row. So they will need the education terest? fought so hard for, says to them that skills along with the social skills to Mr. PALLONE. No, I cannot say that, they get that right then and there. adapt in an ever-changing society. but I think what the gentleman is see- They do not have to save the $1,000, So education is an investment. It is ing here is not only the HOPE Scholar- they do not have to have put away that an investment in our future. And our ship but also this 20 percent credit for money in an IRA. It simply says that children will need those educational tuition and fees, and then they will be they will get a HOPE Scholarship. And skills, whether they are going to 2-year able to deduct the interest on a student in particular, having given the gradua- colleges or some other training pro- loan. tion speech to our Houston community grams or worker incentive program or Mr. STUPAK. Interest on the future college system, where almost a thou- worker enhancement programs so they loans? sand graduates graduated in 1997, this can stay ahead of the curve. So as their Mr. PALLONE. I think so. $1,000 dollars for the first year and $500 job is outdated because of technology, Mr. STUPAK. I know that is a part for the next year or $1,500 is a real they can adapt to tomorrow’s world that is not clear in the budget agree- boost for working class families. and continue to be a breadwinner and ment. Hopefully, it is something we I think that when we debate the bill help out their family and pay their can look at. I am sure when the gen- as it ultimately may come to the floor, taxes and everything else. tleman gets back in his district, as in I think it is key that we understand I say that half jokingly, but why has my district, a working class district, the principles by which the Democrats this economy done so well? Because many people ask me, ‘‘My son just have been guided, and that is kids’ people pay their taxes and we have rev- graduated or my daughter just grad- health, not $16 billion but $24 billion enues coming in, and, again, going uated from college, and, geez, I have all for those 10 million uninsured children back to that budget plan. So investing these loans and paying interest on it, who are in every one of our districts all in the future is really a current invest- can I at least get that deduction?’’ over this Nation; and then to recognize ment in today’s education, and will So far I have not seen it, and I just something very important, that this prepare us for tomorrow in that ever- thought maybe I missed something at welfare plan that came unsupported changing world and the technology the caucus today and thought maybe with compensation to make it work, that will outdate our jobs, because the the gentleman picked up on that. now we have a real commitment to ex- jobs that we have today will be out- Mr. PALLONE. Again, as the gen- pend $3 billion in and around our com- dated tomorrow. tleman knows, we do not know what is munities. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5903 I hope our churches, and I see that I feel proud that families who have and many Commerce Democrats were there are members here from the Na- made a commitment to stay off welfare very critical of the lack of safeguards tional Church Usher Convention from may be making $30,000 collectively, two for how this pot of money would be Houston, TX, and I know how hard our wage earners, that we have taken the used for kids’ health care. churches have worked with me, and terminology, the accusations that they Just to give some examples, there they have worked in order to help their are on welfare and do not deserve these was in the House version what we call members who are falling on hard times tax cuts, we have taken that out of the a direct services option that would move from dependence to independ- mouths of Republicans. We have re- have allowed the pot of money avail- ence. We now have $3 billion that moved that sort of cancer that was able for kids’ health care when it went makes the welfare-to-work program ac- really impacting this debate, and ac- to the States to be used not to actually tually work. It actually gives training knowledge that these citizens making insure kids but to be used for certain a leg up. I hope that our communities $30,000 or under $50,000 deserve our re- services that they may or may not use. will be taking advantage of this money spect and appreciation because they For example, money could have gone that will come down to help train indi- help to build this country and they de- to children’s hospitals but there may viduals to let them work. serve a $500 a year tax credit for their have been a lot of the uninsured kids One thing that was really, I think, a children. And I am very proud to stand that never went to the hospital or tragic reflection on our respect for up and say it was because of our fight never were able to take advantage of working people was this whole concept that they got that tonight. the services of that particular hospital, of independent contractors that took So I want to thank the gentleman and they would not be insured pursuant away from individuals the benefits of from New Jersey [Mr. PALLONE] again to this direct services provision but the various coverage that one gets for his leadership on this issue and, just get services for certain purposes of when they are working in their job. If likewise, will join him tomorrow in de- the hospital. Well, that was not acceptable to they were an independent contractor, bate and over the next 48 hours to en- many of us, and we kept insisting on they had no health benefits, they had sure that the clock does not turn back the Democratic side that the direct no vacation time, they had no over- on the fights that we have made over services option be eliminated or cer- time. these last couple of months. There has tainly curtailed. My understanding is We were able to get that out. I think been some hard fights, but I think we that it has been curtailed. I do not that is extremely positive for working ought to applaud the conferees, the know exactly if there is talk that it Americans. They did not realize what gentleman from South Carolina [Mr. may be as low as 10 percent at this was getting ready to hit them. They SPRATT], the ranking member, and the point. I still think that is too much. might move in jobs eight to ten times, gentleman from New York [Mr. RAN- But nonetheless, by eliminating or cut- GEL], members of the Committee on but I can tell my colleagues that if we ting back on the direct services option, were an independent contractor and did Commerce, and all others who have we are at least moving in the direction not really have a job that was secure, continued in this fight to ensure that of what the Democrats have said needs we would not feel very good about we never slip for a moment. to be done. being able to protect our families. So I thank the gentleman from New The Senate language actually says So I think that we can take great Jersey [Mr. PALLONE] clearly for his ef- that States have to provide insurance comfort in things that working Ameri- forts, and I look forward to working either through the traditional Medic- cans can be gratified for, and that is, of with him as we watch these next 4 aid program or through an alternative course, the health care, the welfare-to- hours. State insurance program and that they work and certainly the HOPE Scholar- Mr. PALLONE. Mr. Speaker, reclaim- have to do what we call maintenance of ship. ing my time, I want to thank the gen- effort, meaning that States have to at And in taking up my colleague’s ad- tlewoman from Texas [Ms. JACKSON- least provide as much money to pay for monition that we must be cautious, I LEE], and I know that both she and the kids’ health care as they have in the do believe that we should watch the gentleman from Michigan [Mr. STUPAK] past. storm clouds that are off to the side, stress the fact that we do have to Well, if those provisions are in the and that is why I said that we have 48 watch what is going on here in the next final bill that we vote on here in the hours to ensure that when we ulti- 48 hours. next few nights, and we are told that mately cast a vote, these items that we One of the things that we both talked the Democrats and the White House have mentioned here this evening, about tonight and we are very happy have been pushing for that and that is DSH, and I will mention it again, pro- about is the kids’ health care initia- likely to be the case, then we will at tecting our county hospital systems tive, because now it is up to $24 billion least know there are safeguards built and the individuals who go to these because of the addition of the tobacco in that most of this money will go to- systems, who are unable to pay the tax. But I have to say that in discus- wards actually insuring children. extra cushion that is needed in order to sions, in debate over the last several Another major issue was the benefits provide the money so that they can months on the kids’ health care issue, package. We can say we are going to have coverage by Medicare and Medic- one of the major concerns of House have $24 billion available to insure aid, if they do not have health insur- Democrats, including myself, and we children, and we can say that they ance, and that is still a lot of people. have a health care task force amongst have to be insured in some way; but if And then just for Texas, this whole our Democratic Caucus that has ar- we do not have an adequate benefits question of privatizing health care and ticulated this, one of the major con- package, then a lot of them may not not allowing those sensitive social cerns is that this money not be drained get certain services. Our understanding workers and government employees away and used for purposes unrelated is that the White House has insisted on who have been working on this to be to insuring kids. the benefits package similar to what able to make the determination of our In one of the aspects of this that we was in the Senate version, which is citizens, whether they are deserving of will be discussing and we will be insist- similar essentially to what Federal em- welfare in times when they have fallen ing on, and I believe that the White ployees get. on hard times, and putting it into com- House has been insisting on, is to make So a lot of the devil, so to speak, is puterization, that will be a fight that I sure that built into this program to in- in the details. We do have to make sure will continue because I do not see any sure these children at the cost of $24 over the next 48 hours or so that these sunshine at the end of the tunnel. billion that there are safeguards so safeguards are built into the kids’ that in fact the money is used to insure health care program so that this b 2200 kids. money is actually spent to insure kids. But I do think that this fight has The Senate version of this bill was a These are the types of things that we been one that we can claim at the junc- lot better than the House version, and have been talking about all along on a ture a quiet victory until we get the particularly the House version that the number of the tax cut provisions, as last and final word. We have been able Republicans reported out of the com- well as the spending provisions, the to stand up for those working families. mittee, the Committee on Commerce, balanced budget agreement. H5904 CONGRESSIONAL RECORD — HOUSE July 28, 1997 I just must say that, although we are Houses, for the first time in 40 years, known activist, Nestor Rodriguez, still weary about what finally results, was 3,830 points. And since Republicans president of Young People for Democ- Democrats can take a great deal of took control of Congress, the Dow racy, was arrested. pride in the provisions with regard to Jones Average has gone up by more Also, on April 1, Rafael Ibarra Rogue, kids’ health care with the coverage than 4,000 points, breaking all records. president of the Democratic Party 30 now for the child tax credit, with the And that that was due, to a great de- November, Frank Pais, who is cur- education tax credits, and with so gree, because of the fact that the ma- rently serving a sentence of 20 years in many of the other things that we have jority here, the Republicans, brought the infamous prison known as Kilo 8, been talking about all along that the leadership to the Congress to bring according to relatives, was told that he should be included in this tax cut pack- Federal spending under control and would be denied from having any con- age and in this spending bill to make stop the growth of taxes and regula- tact with his family or any religious sure that the benefits go to the average tions and that, finally, the belief took visits. That was April 1. working American. hold in the economy and in the world April 8, Nestor Rodriguez Lobaina, Mr. Speaker, I yield back the balance in this international economy of today president of Youth for Democracy, a of my time. that the United States of America group that has become more well- f would finally balance its budget. known recently and has developed al- And, so, I think that that is some- ready a number of very impressive REPORT ON RESOLUTION PROVID- thing that was important to bring out. young leaders, Youth for Democracy, ING FOR CONSIDERATION OF And I thank the gentleman from Ten- president Nestor Rodriguez Lobaina H.R. 2266, DEPARTMENT OF DE- nessee [Mr. DUNCAN] for having done was arrested and charged with ‘‘crimes FENSE APPROPRIATIONS ACT, so. So I would like to insert the follow- against the state.’’ He had previously 1998 ing into the RECORD, if I could, Mr. been arrested in June 1996 and sen- Mr. DIAZ-BALART, from the Com- Speaker: tenced to 12 months in prison and an mittee on Rules, submitted a privi- The Dow Jones Industrial Average closed additional 6 months of internal exile leged report (Rept. No. 105–213) on the at 3830.74 on election day, 1994. for the crimes of resistance to authori- resolution (H.Res. 198) providing for Since Republicans took control of Con- ties and disrespect of the revolution. consideration of the bill (H.R. 2266) gress, the Dow Jones average has gone up by He was sentenced to 18 months in April making appropriations for the Depart- more than 4,000 points—mainly thanks to and is currently being held in the Republican success in bringing Federal Guantanamo Prison. ment of Defense for the fiscal year end- spending under control and stopping the ing September 30, 1998, and for other growth of taxes and regulations. Today, July 28, Nestor Rodriguez purposes, which was referred to the Lobaina has begun a hunger strike that Mr. Speaker, I come this evening to he has announced will last during the House Calendar and ordered printed. the floor, to the well, to discuss a mat- f days that something called the 14th ter that for the last 4 months has wor- World Festival of Youth and Students REPORT ON RESOLUTION PROVID- ried me on a daily basis in increased lasts. That festival has begun also ING FOR CONSIDERATION OF fashion. It has been typical of the ty- today in Havana. It is a splurge that H.R. 2264, DEPARTMENTS OF rant in Cuba, who has ruled for 38 long Castro gives to Communists who come LABOR, HEALTH AND HUMAN and destructive and painful and ex- from throughout the world to party in SERVICES, AND EDUCATION AP- traordinarily gruesome years, it has Cuba, young Communists, while the PROPRIATIONS ACT, 1998 been typical for him to engage in Sta- Cuban people are subjected to the linist crackdowns. But for the last 4 apartheid system and the rationing Mr. DIAZ-BALART, from the Com- months, he has been clearly engaged in mittee on Rules, submitted a report cards that have been imposed upon the another such Stalinist crackdown the people since 1962. (Rept. No. 105–214) on the resolution (H. effects of which have come to my at- Res. 199) providing for consideration of So Nestor Rodriguez Lobaina says tention on a daily basis. that during the duration of this party, the bill (H.R. 2264) making appropria- And, so, I have been thinking it ap- tions for the Departments of Labor, called the 14th World Festival of Youth propriate for some time now to come to and Students, he, as a youth leader, is Health and Human Services, and Edu- the well to give an update to my col- cation, and related agencies, for the going to fast in protest. leagues and to the American people Of course, he and Cuban students who fiscal year ending September 30, 1998, through C-SPAN, the millions of citi- and for other purposes, which was re- want to speak out in favor of democ- zens who watch through television, by racy are not allowed to participate in ferred to the House Calendar and or- way of television, an update on the dered printed. that youth movement festival in that dreadful human rights situation and party that Castro organizes with funds f the details, as I know them, of that that the Cuban people are denied for Stalinist crackdown engaged in by the HUMAN RIGHTS VIOLATIONS IN international young Communists and tyrant of Havana, only 90 miles away CUBA revelers and partyers. from the United States. The SPEAKER pro tempore. Under And, so, I would like to read a list, b 2215 the Speaker’s announced policy of Jan- and I acknowledge from the beginning April 11. Miguel Angel Aldana, mem- uary 7, 1997, the gentleman from Flor- that it is a partial list, of human rights ber of the Executive Committee of the ida [Mr. DIAZ-BALART] is recognized for violations in Cuba for the last 4 Concilio Cubano and president of the 60 minutes as the designee of the ma- months. And with that acknowledg- Martian Civic League, arrived in the jority leader. ment, I would like to begin to get into United States after being forcefully ex- DOW JONES AVERAGE UP SINCE REPUBLICANS it and then discuss some other aspects pelled from Cuba. He was initially TOOK CONTROL OF CONGRESS of the reality of Cuba today. handcuffed, dragged out, and arrested Mr. DIAZ-BALART. Mr. Speaker, I March 29, a Danish tourist, there while attending a mass in memory of wish, before I begin speaking about the have been a number of incidents re- the Brothers to the Rescue pilots who subject that brings me to the well this cently with tourists in Cuba where the were shot down by the Cuban Air Force evening, to insert into the RECORD a government has shown, the regime has on February 24, 1996. note made available to us here in Con- shown its paranoia and its apprehen- April 22. Israel Feliciano Garcia, rep- gress today by our dear colleague, the sion about its security situation as it resentative of the Democratic Solidar- gentleman from Tennessee [Mr. DUN- has related to tourists, a Danish tour- ity Party in the Province of Villa Clara CAN]. ist, Joachim Loevschall, somehow mis- was arrested in his home. His wife Mr. Duncan points out, among other takenly wandered into a restricted Arelis Reyes Garcia was also detained things, that the Dow Jones Industrial military zone and he was shot to death. for pointing out to the police that they Average, on Election Day 1994, when That was March 29. did not have a warrant. the Republicans took the majority in Then began the month of April. And April 30. Radames Garcia de la Vega, this House and in Congress, both Ramon Rodriguez, father of a well- vice president of Youth for Democracy, July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5905 is arrested and charged with showing, ist Ana Luisa Lopez Baeza, was de- home was placed under constant sur- ‘‘contempt for the commander in tained and interrogated. Again she was veillance by State Security. That is chief,’’ Mr. Castro. Since last year Mr. detained 3 days later, June 20. July 3, this busy day for the tyrant. Garcia de la Vega had been held in June 22. Teresa Plateros Rodriguez, a Got a lot of pleasure this day, did he house arrest. On April 30 he was sen- member of the Pro-Human Rights not? tenced to 18 months imprisonment. Party, was arrested. July 3. The wife of Vladimiro Roca, Rafael Fonseca Ochoa, a member of June 23. Hector Peraza Linares, co- because of her husband’s activities, is Young People for Democracy as well, director of the Havana Press, independ- delivered a summons to appear before was arrested. May 1. ent press people, and his wife were ar- State Security for questioning. She is May 1 also. Ana Maria Agramonte, a rested, held without charge. threatened with exile. member of the Movimiento Accion June 24. Dr. Dessy Mendoza Rivero of July 3. Luis Alberto Hernandez Nacionalista is arrested for ‘‘contempt the dissident Independent Medical As- Suarez of the Democratic Youth Union of the authorities.’’ sociation of Santiago was arrested by Movement is arrested by State Secu- May 1. Jesus Perez Gomez, Lorenzo State Security after reporting the epi- rity in Pinar del Rio. Pescoso Leon, and Aguileo Cancio demic of dengue fever that is sweeping July 3. Jose Orlando Rodriguez Chong were arrested by State Security Cuba. She was charged with reporting Bridon of the Democratic Workers Con- and held without charge in Havana. false information. Thousands of people federation detained by State Security Aguileo Cancio Chong was beaten at have gotten the dengue virus. It is im- after leaving the home of Marta the time that he was arrested. periling the health of people through- Beatriz Roque. May 14, 2 weeks later. Cuba Moises out the island of Cuba and nearby July 3. Odilia Valdes Collazo, Presi- Castaneda Rangel, opposition activist countries and this brave doctor who dent of the Pro Human Rights Party with the Workers Union Movement and simply let the world know of the fact and member of the Internal Dissidence a member of the Seventh Day Advent- that there was dengue fever sweeping Working Group, detained by State Se- ists and his family were subjected to an through the island was arrested for curity. act of repudiation at their home in ‘‘reporting false information.’’ July 3. Orestes Rodriguez Brea, Vice Villa Clara. June 25. Edillo Barrero, a 25-year-old President of the 13th of July Move- It might be worthwhile to talk a farmer, was detained without charge ment, detained by State Security, minute about what an act of repudi- by State Security, severely beaten, and placed under house arrest. ation is. Government-sponsored mobs died in custody. July 3. Dr. Frank Hernandez Loveira, are sent to the home of an independent June 28. Orlando Merchante Ricart of Dr. Elias Vicent and Ana Maria Cabal- journalist or an opposition leader, a the 13th of July Movement was ex- lero, members of the 13th of July Move- dissident, and there they throw stones pelled from his job after doing an inter- ment, are visited and threatened by and insults, and if someone comes in view with the U.S. Information Agen- State Security. and out of the house, they physically cy, Radio and Television Marti. The July 3. Manual Fernandez Rocha, often attack the people, spit upon next day he was beaten and stripped of President of the Historical Studies them. Those are acts of repudiation or- his clothing. Forum and lawyer for the Agramonte ganized by this system in Havana. July 1. Luis Alberto Hernandez Current opposition group, detained by Ana Maria Agramonte, May 15, a Suarez of the Democratic Youth Union State Security. member of Movimiento Accion Movement is arrested. July 3. Mercedes Sabourni Lomar, Nacionalista, was sentenced to 18 July 1. Orestes Rodriguez Omuitiner, Secretary of the Nationalist Agenda months in jail for contempt of the au- vice president of Seguidores de Chibas, Movement opposition group, receives thorities and resisting arrest. human rights group, is arrested in two summons to appear before State May 25. We go back to Cuba Moises Santiago. Security. Casteneda Rangel who had been sub- July 1. The home of Nancy de Fourth of July. Jorge Gonzalez jected, he and his family to the act of Varona, president of the 13th of July Puentes of the 13th of July Movement, repudiation May 14, was arrested, in- Movement, is placed under constant detained by State Security, his old terrogated, and subjected to psycho- State Security surveillance and her typewriter confiscated, and ordered to logical torture. phones were disconnected. stay in his home until August. May 27 was the beginning of Eduardo July 1. Juan Antonio Gonzalez July 4. Juan Ruiz Armenteros, Vice Gomez Sanchez’ third year at the Kilo Dalmau, member of the Cuban Civic President of the Assistance Committee 8 prison. Sanchez was sentenced to 20 Current, is detained by State Security. of the Internal Dissidence Working years, 20 years, for the crime of illegal July 2. The home of Ileana Group, Arnaldo Ramos Lauzurique of exit from the country. He suffers from Someillan, a member of the opposition, the Cuban Independent Economists In- a severe liver condition and according is searched by State Security. stitute, and Georgina de las Mercedes to relatives probably has cancer. July 3. Julio Grenier, another activ- Gonzalez Corbo of the Cuban Civic Cur- June 10. Leonel Morejon Almagro, ist in the dissident movement, is de- rent all threated by State Security at the elected leader of Concilio Cubano, tained, his house searched, and various their homes, told not to leave. delivered a message to one of Castro’s items confiscated. July 4. Felix Bonne Carcasses of the offices demanding the right to hold a July 3 as well. Busy day for Castro Internal Dissidence Working Group is peaceful public meeting of his group. this July 3. Carlos Raul Jimenez of the followed and threatened by State Secu- Morejon Almagro, who was just re- Nationalist Agenda Movement opposi- rity. leased from prison where he served 15 tion group, detained by State Security. July 4. Juan Antonio Gonzalez months, was beaten by State Security July 3 Marta Beatriz Roque, member Dalmau of the Cuban Civic Current op- agents shortly after delivering the let- of the Internal Dissidence Working position group, detained for question- ter to Castro’s offices. Group, perhaps the most prestigious ing by State Security. Amelo Rodriguez, June 10 also, a economist in Cuba today, received a July 5. John Mendez Diaz and well-known member of the opposition death threat from State Security offi- Osvaldo Caballero, a former political movement, was arrested by State Secu- cers. prisoner, both of the 13th of July Move- rity and charged with an unspecified, July 3. Mercedes Sabourni Lomar of ment, detained by State Security. ‘‘act of rebellion.’’ the Nationalist Agenda Movement, de- July 5. Rafael Garcia Suarez of the June 16. Nilda Malera Pedraza, a 34- tained and questioned twice that day Democratic Workers Confederation, ar- year-old professor of music in Guanta- by State Security. rested by State Security. namo was fired for ‘‘deviating from of- July 3. The home of Vladimiro Roca July 5. Raul Pimentel, President of ficial political thought.’’ Professor of the Internal Dissidence Working an independent environmental group Joaquin Lozano was also fired for being Group and president of the Social and opposition activist, arrested by ‘‘politically unreliable.’’ Democratic Party is stoned by a gov- State Security. June 17. Luvia Bonito Lopez, the ernment-organized mob. Acts of repudi- July 6. Raul Rojas, member of the daughter of independent news journal- ation as we talked about earlier. His Democratic Youth Movement, detained H5906 CONGRESSIONAL RECORD — HOUSE July 28, 1997 by State Security after leaving the only incident, Mr. Speaker, all these held in handcuffs in an underground home of Marta Beatriz Roque, the human rights violations 90 miles away blackout cell 48 hours and charged with economist. He is currently staging a that I have referred to, that our local ‘‘dangerousness.’’ hunger strike in prison. newspaper here, the Washington Post, July 19, State Security agents visit July 6. Manuel Sanchez, member of has reported. A very large article here Ledonel Morejon Almagro and his wife the Internal Dissidence Working in the Washington Post. Page A22, July Zohiris Aguilar Callejas at their home, Group, threatened by State Security. 18. where they are interrogated and July 6. Nancy Gutierrez Perez, mem- KEY DISSIDENTS ARRESTED IN CUBA threatened from 10 p.m. until 2 a.m. re- ber of the Democratic Pacifist Move- The Cuban government said today that 4 garding their peaceful opposition ac- ment, visited twice by State Security dissidents are under arrest and are being in- tivities within Concilio Cubano and and threatened. ‘‘Stop your activities,’’ vestigated on suspicion of Alianza Nacional Cubana. State Secu- they told her. counterrevolutionary activities. Foreign rity warned Morejon Almagro that if July 7. Lazaro Lazo, an independent Ministry spokesman Miguel Alfonso con- he proceeds with this activism he will journalist and director of the Independ- firmed the arrests, reported by diplomatic be sentenced to 25 years in prison, not ent Press Bureau of Cuba, is threatened and dissident sources, at a weekly briefing. 15 months like he was sentenced in with attack by State Security, unless Vladimiro Roca, Martha Beatriz Roque, 1996, but 25 years. Felix Bonne Carcasses and Rene Gomez Similar visits were received by other he immediately abandons his independ- Manzano, who lead the Working Group of In- ent press activities. ternal Dissidence, were arrested by State Se- signers of a document that I have here July 10. Nicolas Rosario Rozabal, a curity Wednesday, the sources said. It is ex- in my possession asking Castro to per- correspondent for the independent Ha- tremely unusual for authorities to comment mit a plebescite like Pinochet, the dic- vana Press in Santiago was arrested by on arrests of Cuba’s small and illegal dis- tator of Chile, permitted a few years State Security. sident groups. ago. For that they were visited and July 11. Osvaldo Paya Sardinas, There has been a tyranny 38 years in said you will get 25 years if you con- President of the Christian Liberation Cuba. It allows no opposition. It reiter- tinue with this, not 15 months like last Movement, and fellow opposition activ- ates that it will never hold elections time. ist Rene Montes de Oca are detained. while this tyrant is alive and never in- Also visited that night, July 19, Montes de Oca remains in detention. tends to unless it is forced to. It is en- Reinaldo Cozano Leon, Aguileo Cancio July 12. Dr. Augusto Madrigal gaged in a Stalinist crackdown that I Chong, Ibrain Carrillo Fernandez, Neri Izaguirre, director of the Cuban Inde- have begun to describe and we see here Gorortiza Campoalegre, Jose Pastor pendent College of Medicine, detained the extent of coverage by the national Leon and Cecilia Zamora Cabrera. and questioned by State Security. Dr. media, the Washington Post, page A22, July 20, Amnesty International is- Madrigal Izaguirre is active with the July 18. sues a 13-page report titled Medical independent medical movement. Historians will have to describe why Concerns, where Amnesty Inter- Lorenzo Paez Nunez, July 12, an inde- this reality exists that for some reason national indicates their concern that pendent journalist, sentenced to 18 this tyrant can murder and imprison political prisoners are not receiving months in prison for ‘‘disrespecting and use medicines for psychological adequate medical care in Cuba, and cit- Cuba’s national police.’’ torture and engage in electroshock ing international sources, Amnesty July 12. Nancy de Varona, President therapy of political prisoners, and the International states that many politi- of the July 13 Movement, is arrested. reality of that regime is simply not cal prisoners already suffer from mal- In addition, all of the executive com- covered by the national or inter- nutrition and excessive weight loss due mittee members of the group are ques- national media. In fact, there have to to poor nutrition, which leads to ane- tioned by State Security that day. be bombs placed in the hotels where mia, diarrhea, parasite infections. July 13 was coming, the anniversary. Ms. Lucia Newman is of CNN in order Some of the most serious conditions July 12. Juan Carlos Vasquez Garcia, for her to report that there are developed include optic neuropathy, a 26-year-old author from Cienfuegos, incidences of opposition to the regime. tuberculosis, beriberi and leptospirosis. arrested by State Security. It is so sad, Mr. Speaker. But it is a Amnesty International also states that July 13, the third anniversary of the reality. the conditions and solitary confine- sinking of the tug boat where over 70 ments of Cuban prisoners are brutally b refugees were trying to flee that hell 2230 inhumane, lacking beds and mattresses which is Castro’s Cuba and they were July 16, Luis Lopez Prendes, a jour- and even natural or artificial lights. sunk pursuant to the orders of the ty- nalist with the Independent Press Bu- Political prisoners are also sent to rant, and more than 40 refugees died, reau of Cuba, is arrested by State secu- prisons, according to Amnesty Inter- including more than 20 children. That rity. He was among the first to report national, hundreds of miles away from is July 13, the third anniversary, 3 the bombings that I just referred to in their families, which makes family vis- years ago. tourist hotels in Havana on July 12. its and contact practically impossible. That day this year, Herbiberto Leyva July 17, Edel Jose Garcia Diaz is a Amnesty International has also is- Rodriguez, a member of Young People journalist with the independent press sued urgent action appeals for the ar- for Democracy, was detained and he is agency Centro Norte del Pais, sub- rests of the four leaders of the internal still being held at the provincial head- jected to a government sponsored act dissidents movement and also for quarters of the National Police in of repudiation at his home. Heriberto Leyva Rodriguez and the Palma Soriano in Santiago. He has July 17, Porfirio Batista Rodriquez, a other leaders of the Young People for been charged with, quote, disrespect to member of the Pro Human Rights Democracy. I would like to at this a judge, because at the end of the trial Party, is detained and interrogated by point, Mr. Speaker, insert into the of Randames Garcia de la Vega, he ex- state security in Santa Clara. RECORD Amnesty International’s ur- claimed, ‘‘This is proof that in Cuba July 17, Marilis Blazques Aparicio, gent action appeal. there is no freedom or democracy.’’ So member of the internal opposition and AMNESTY INTERNATIONAL USA’S, he is still being held in prison for that. widow of former political prisoner URGENT ACTION APPEAL July 18, 1997. July 16. Marta Beatriz Roque, the Reynaldo Jimenez Herrera, is detained, Further information on EXTRA 106/96 is- head of the independent economists interrogated and warned to abandon sued 11 July 1996 and re-issued 24 September that I referred to earlier, Feliz Bonne her counterrevolutionary activities. 1996 and 3 June 1997 Legal concern/Ill-treat- Carcaces, Vladimiro Roca and Rene July 17, David Flores Diaz, a member ment and new concerns: harassment/prisoner Gomez Manzano, all leaders of the In- of the Democratic Solidarity Party in of conscience/possible POC. ternal Dissidence Working Group, were Villa Clara, is detained and interro- CUBA: Nestor Rodriguez Lobaina, arrested. At that time they were taken gated by state security. Radame´s Garcia de la Vega, Ramo´ n July 17, Cuba Moises Castaneda Ran- Rodriguez, Rafael Fonseca Ochoa, new name: to State Security headquarters at Villa Heriberto Leyva Rodriguez. Marista. gel, member of the opposition Workers Amnesty International is concerned at fur- The four of them, the rest of those Union Movement and an active Sev- ther developments relating to members of an four leading opposition leaders is the enth Day Adventist, is arrested and unofficial youth group called Jo´ venes por la July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5907 Democracia, Young People for Democracy, Editor of Granma (daily newspaper), Sr term in 1996 during which, by the way, which has been campaigning for, amongst Jacinto Granda de Laserna, Granma, Apdo around 70 of us here in the House, and other things, changes in the Cuban univer- 6260, La Habana, Cuba. I thank my colleagues who joined in ´ sity system. Radames Garcia de la Vega, who For Urgent Action participants in the that marvelous petition, so full of dig- was detained on 30 April 1997, was reportedly United States: Cuba has no embassy in the tried on 17 June 1997 and sentenced to 18 U.S. at present. To contact its interest in the nity seeking the Nobel Peace Prize for months’ imprisonment, charged with U.S., write: Cuban Interests Section Mr. Fer- this young lawyer and pro democracy ‘‘desacato a la figura del Comandante en nando Remirez de Estenoz, 2630-16th St. NW, activist in Cuba, Leonel Morejon Jefe’’, ‘‘disrespect to the Commander in Washington, DC 20009. Almagro. When he was first sentenced Chief’’, i.e. President Fidel Castro. Please send appeals immediately. Check to 15 months, last time in 1996, he was Heriberto Leyva Rodriguez, also a member with the Colorado office between 9:00 a.m. placed in the same prison cell where of the group, Young People for Democracy, and 6:00 p.m., Mountain Time, weekdays the renown political prisoner, Sebas- was reportedly detained on 13 July 1997 and only, if sending appeals after August 29, 1997. tian Arcos, was previously placed. is being held at the provincial headquarters July 22, 4:55 p.m. while dictating Arcos, that man who is such an exem- of the National Police in Palma Soriano, news to international news services, Santiago de Cuba province. He has been plary leader and who now is in exile charged with ‘‘desacato a un juez’’, ‘‘dis- Lazaro Lazo and Cruz Lima, directors and very sick in Miami, was denied respect to a judge’’, reportedly because, at of the Agencia Patria news organiza- medical attention for cancer while the end of the trial of Radame´s Garcia de la tions in Camaguey and Ciego de Avila being confined in that cell for 3 years. Vega, he exclaimed ‘‘Esto es una prueba de provinces, were detained and taken to Now, Mr. Speaker, during these days que en Cuba no existe libertad ni an unknown destination. that I have mentioned in this survey democracia’’, ‘‘This is proof that in Cuba July 22, Pascual Escalona Naranjo, with the partial, very limited list of there is no freedom or democracy’’. National Coordinator of the human rights violations that have Nestor Rodriguez Lobaina, President of the group, remains imprisoned in the Combinado Movimiento Pro Derechos Humanos reached me, the thousands of others, de Guanta´ namo Prison. He had been sen- Golfo de Guacanayabo, was detained the thousands of other Cuban political tenced in April 1997 to 18 months’ imprison- under charges of dangerousness. His prisoners, continued suffering the same ment, charged with ‘‘resisting authority’’ wife, Mirta Leyva Lopez, was threat- savage brutality that they, in fact, and ‘‘disrespect’’. ened that she and her husband would continue to suffer to this very moment. There is no new information about Nestor lose custody of their 2 children by so- Col. Enrique Labrada continues to re- Rodriguez’ father, Ramo´ n Rodriguez, or cially and morally deforming them and ceive electroshock torture at the Rafael Fonseca Ochoa, also a member of planting ideas in them contrary to Mazorra Institution for the mentally Young People for Democracy, who were both threatened with arrest in April and May 1997 those of a Communist education. ill. Labrada was sent there after stag- respectively. I think it is important to repeat ing a pro democracy protest on June Amnesty International is seeking the im- what I just said. On July 22, when 2 dis- 21, 1995. Sergio Aguiar Cruz, Francisco mediate and unconditional release of pris- sidents were rounded up, they were Chaviano, Omar del Poso, Jose Mi- oners of conscience, Nestor Rodriguez told, the wife of Pascual Escalona randa, Jesus Chamber Ramirez, and so Lobaina, Radame´s Garcia de la Vega and Naranjo was told, that her 2 children, many others remain in dungeons in the Heriberto Leyva. The organization believes aged 10 and 8, would be taken from 176 known prisoners, 176 known prisons they have been detained solely for peacefully exercising their rights to freedom of expres- them because of their advocacy of de- where pro democracy political pris- sion, association and assembly. mocracy, their peaceful advocacy of de- oners are kept in the enslaved Island of Further recommended action: Please send mocracy. Their children will be taken, Cuba. telegrams/telexes/faxes/express/airmail let- your children will be taken away from Now I want to thank at this point the ters: urging that Nestor Rodriguez Lobaina, you because of socially and morally de- American Bar Association for naming 2 Radame´s Garcia de la Vega and Heriberto forming them. They say implanting of these Cuban human rights activists Leyva Rodriguez be immediately and uncon- ideas in them contrary to those with as winners of the prestigious ABA Liti- ditionally released, on the grounds that they communist education. gation Section International Human are prisoners of conscience, detained solely Rights Award, Rene Gomez Manzano for peacefully exercising their rights to free- This is unprecedented and unparal- dom of expression, association and assembly; leled in history. Often people ask me and Leonel Morejon Almagro. Of course urging that Heriberto Leyva Rodriguez be why is it that Castro has lasted 38 Almagro is today in prison, and granted immediate access to a lawyer of his years? There are many factors. But Manzano, who served his 15 months choice; urging that no reprisals be taken where in the world are peaceful pro de- sentence, has just been told that if he against relatives and others who try to make mocracy activists told that they are continues in his activities, I am sure he these cases public. going to lose their children if they ad- will continue in because he is extraor- Appeals to: (1) Attorney-General: (Saluta- vocate democracy? Ninety miles away dinarily brave and admirable, he has tion) (Sr Fiscal General/Dear Attorney Gen- eral). from the United States, in that land been threatened for those peaceful ac- Dr. Juan Escalona Reguera, Fiscal General that the national media does not re- tivities by the regime, as I have just de la Repu´ blica, Fiscalia General de la port what is going on. That is going on stated, to 25, that he will be sentenced Repu´ blica, San Rafael 3, La Habana, Cuba, in Cuba, unprecedented and totally un- to 25 years. [Telegrams: Fiscal General, Havana, Cuba], conscionable. I would like to insert at this point in [Telex: 511456 fisge]. July 24, Ricardo Gonzalez and Juan the RECORD the award given by the ˜ (2) Minister of Foreign Affairs: (Senor Antonio Sanchez Rodriguez, journalists ABA to these 2 distinguished Cuban Ministro/Dear Minister), Sr Roberto Robaina lawyers and human rights activists, Gonza´ lez, Ministro de Relaciones Exteriores, for the independent news bureau Cuba Ministerio de Relaciones Exteriores, Calzada Press, were assaulted by Cuban State Mr. Speaker. No. 360, Vedado, La Habana, Cuba, [Tele- Security. During the assault State Se- TWO CUBAN LAWYERS NAMED WINNERS OF grams: Ministro Relaciones Exteriores, Ha- curity agents stole their computer. PRESTIGIOUS ABA LITIGATION SECTION vana, Cuba], [Telex: 511122/511464/512950], Today, July 28, my office received in- INTERNATIONAL HUMAN RIGHTS AWARD [Fax: 011 53 7 333085/011 53 7 335261]. formation that Jorge Garcia Perez CHICAGO, July 9—Two Cuban lawyers who (3) Minister of the Interior: (Sen˜ or Ministro/ Antonez and Jesus Chamber Ramirez have represented dissidents in human rights Dear Minister), General Abelardo Colome´ cases, and founded independent organiza- Ibarra, Ministro de Interior, Ministerio del have been transferred from the infa- tions seeking to promote the rule of law in Interior, Plaza de la Revolucio´ n, La Habana, mous Kilo 8 prison to unknown loca- Cuba, will receive the annual International Cuba, [Telegrams: Ministro Interior, Havana, tions where their families cannot visit Human Rights Award from the American Bar Cuba]. them, families do not know where they Association Section of Litigation, during the (4) Department of State Security: (Sen˜ or Di- are. No one knows where they are. ABA Annual Meeting in San Francisco next rector/Dear Sir), Sr Director, Departamento Now, Mr. Speaker, a phenomenon month. de Seguridad del Estado, Versalles, Santiago that is common among Cuban political Rene Gomez Manzano and Leonel Morejon de Cuba, Cuba [Telegrams: Director, prisoners is the highest rate of cancer Almagro are the 1997 award recipients. ABA Seguridad del Estado, Santiago de Cuba, Section of Litigation Chair Barry F. McNeil Cuba]. of prison population in the entire will present the awards during a noon lunch- COPIES TO: National Union of Jurists: world. eon on Tuesday, Aug. 5, in the California Unio´ n Nacional de Juristas, Apartado 4161, When Leonel Morejon Almagro was West room of the Westin St. Francis Hotel. La Habana 4, Cuba. first sentenced to the 15-month prison Michael Tigar, past chair of the Litigation H5908 CONGRESSIONAL RECORD — HOUSE July 28, 1997 Section and defense attorney for Oklahoma sally accepted human rights.’’ The Concilio Giselle Borges Alvarez, age 4. City bombing suspect Terry Nichols, will de- Cubano has sought legal recognition from Eliesser Suarez, age 11. liver the keynote address. the government, which has been denied. The Cindy Rodriguez Hernandez, age 2. Gomez Manzano and Morejon Almagro are government has engaged in a campaign of Jose Carlos Nicle Anaya, age 3. expected to attend the ceremony to accept harassment against the organization and its Angel Rene Abreu Ruiz, age 3. their awards, provided they are allowed to members since its inception. This campaign Caridad Leyva Tacoronte, age 4. travel to San Francisco and return to Cuba. intensified after the Concilio Cubano for- Yousel Eugenio Perez Tacoronte, age 11. Gomez Manzano is the founder of Corriente mally requested authorization from the Gelen Martinez Enrique, age 6 months. Agramontista, an independent professional Cuban government to hold a national meet- Yasel Perodin, age 11. organization of lawyers in Cuba. Morejon ing in February 1996. Morejon Almagro was Liset Alvarez Guerra, age 24. Almagro is one of the founders of the arrested, tried without due process, and sen- Lazaro Borges Briel, age 34. Concilio Cubano, an umbrella organization tenced to 15 months in prison for ‘‘dis- Guillermo Cruz Martinez, age 46. of lawyers, journalists, accountants, econo- respect.’’ During his detention, human rights Joel Garcia Suarez, age 20. mists and human rights activists. organizations called for his release, and 57 Ernesto Alfonso Loureiro, age 25. The theme for the Litigation Section congressmen signed a letter nominating him Amado Gonzalez Raices, age 50. Meeting is, ‘‘Bridge to the Future: Advocacy for the Nobel Peace Prize. Since his release Fidencio Ramel Prieti Hernandez, age 50. in a High-Tech World.’’ The Section’s meet- only a few months ago, the Concilio Cubano Rigoberto Peud Gonzalez, age 31. ing is held in conjunction with the ABA 1997 has again petitioned the Cuban government Jorge Balmaseda Castillo, age 24. Annual Meeting, July 31–Aug. 6. requesting that the organization be allowed Eduardo Suarez Esquivel, age 39. ‘‘Award recipients have pursued the high- to meet, and Morejon Almagro has again Estrella Suarez Esquivel, age 45. est ideals of our profession in the face of ex- been assaulted by government agents. Omar Rodriguez Suarez, age 29. traordinary adversity,’’ said Christopher The Litigation Section of the American Miralis Hernandez, age 26. Wall, chair of the nomination process. Bar Association includes approximately Rosa Maria Alcalde Puig, age 47. ‘‘These individuals face persecution for advo- 60,000 trial lawyers, judges and others in- Marta Carrasco, age 44. cating rights we too often take for granted volved in all aspects of litigation and the dis- Yaltamira Anaya, age 22. in the United States. We hope the award will pute resolution process. The Litigation Sec- Julia Caridad Ruiz Blanco, age 35. provide international recognition that will tion is dedicated to promoting justice both Jorge, Arquimides Lebrigido Flores, age 28. help protect the award recipients from gov- domestically and internationally and en- Leonardo Notario Gongora, age 27. Marta Caridad Tacoronte Vega, age 36. ernment reprisals.’’ hancing public understanding of and respect The Section of Litigation award annually for the legal profession. Mayulis Mendez Tacoronte, age 16. ¯ recognizes lawyers and judges who have Also a brilliant and very impacting Odalis Munos Garcia, age 20. Mydalis Sanabria Cabrera, age 19. made extraordinary contributions in foreign and important document named The Reynaldo Marrero, age 45. countries to the causes of human rights, the Homeland, or The Nation, I guess, Yuliana Enriquez Carrazana, age 23. rule of law, and promotion of access to jus- would be a better translation, the Na- Pilar Almanza Romero, age 30. tice. Manuel Sanchez Gallol, age 59. ‘‘These courageous lawyers should be com- tion Belongs To All, precisely by the Mylena Labrada Tacoronte, age 3. mended for their tireless efforts, and for four leaders of the Cuban dissidents Susana Rojas Martinez, age 8. holding to the belief that all individuals task group. This statement is, as I say, Daney Estevez Martinez, age 3. have a right to a fair and unbiased judicial of extraordinary importance. I thank Yandi Gustavo Martinez Hidalgo, age 9. process. We are proud to honor Dr. Gomez Freedom House, commend Freedom Sergio Perodin, age 7. Manzano and Dr. Morejon Almagro for their House, for its translation and would Maria Victoria Garcia Suarez, age 28. dedication and commitment to promoting encourage all my colleagues and those Mayda Tacoronte Vega, age 28. justice for Cuban citizens.’’ listening, watching through C–SPAN, Deysi Martinez Fundora, age 27. In particular, the award recognizes the fol- to read this document. Jusanny Tuero Sierra, age 20. lowing contributions: Mr. Speaker, as I mentioned briefly Janet Hernandez Gutierrez, age 19. Rene Gomez Manzano, a Cuban lawyer, has Jorge Luis Cuba Suarez, age 23. worked for years defending cases involving before, July 13 was the third anniver- sary of perhaps the most heinous, cold- Ivan Prieto Suarez, age 26. human rights violations. He has openly criti- Dariel Prieto Suarez, age 22. cized irregularities in court proceedings, and blooded crime, if it is possible to pin- Gustavo Guillermo Martinez Gutierrez, age has been arrested and detained many times point any one crime of the Cuban ty- 37. with no charges brought against him. He has rants in 38 years, the sinking of a boat Juan Gustavo Bargaza del Rino, age 39. been banned from the Supreme Court and ex- full of refugees, and I do not think, I Juan Fidel Gonzalez Salinas, age 35. pelled from his lawyers’ collective. In 1990, surely have never done this, I would Daniel Erik Herrera Diaz, age 21. Gomez Manzano helped organize the like to read the names. There were four Eugenio Fuentes Diaz, age 28. Corriente Agramontista, a group of lawyers of the refugees who were missing, who Arquimides Lebrrigido Gamboa, age 52. willing to litigate political cases against the Jorge Alberto Hernandez Avila. state. He has tried to register the organiza- are missing and are unaccounted for. Raul Ernesto Munos Garcia, age 23. tion as an independent law office responsible Their names are not known. But 37 of Reynaldo Marrero Carrazana. only to its clients and not the Cuban govern- the lost at sea that day are accounted Roman Lugo Martinez, age 36. ment. This request has been ignored, and for, and I would like to read their Sergia Perodin Almanza, age 38. meetings have been disrupted or prevented names and their ages. Frank Gonzalez Vazquez, age 20. from taking place. The Corriente These people, as I say, they had gone Modesto Almanza Romero, age 28. Agramontista seeks to reform Cuba’s judi- into a tugboat and were seeking to Jose Fabian Valdez Coton, age 17. cial system from within requiring the Cuban leave in 1994, July 13, and the order was Julio Cesar Dominguez Alcalde, age 32. government to obey its own laws. Its 1991 Pedro Francisco Crespo Galego, age 31. manifesto calls for the establishment of a de- given to sink them, and of course with Juan Bernardo Varela Amaro. veloped rule of law, an independent judici- power hoses they started trying to— Armando Morales Piloto, age 37. that was how the aggression was first ary, and the democratization and decen- b 2245 tralization of the system of state run law of- committed before these steel, other fices. In an article that appeared in the July modern steel tugboats ran them and fi- They remain at the bottom of the sea 19, 1995, issue of American Lawyer, Gomez nally cracked opened the hull and this about 7 miles out of Havana Harbor. Manzano described the group’s philosophy: old tugboat sank, killing over 40 peo- The Cuban Government has never per- ‘‘We are not of one political current. We are ple. mitted anyone to go and seek the re- a movement at the service of the whole But at the time that the power hoses mains, to give them proper burial. De- country, whether Socialist, Christian Demo- began to be used against the refugees cratic or whatever. We are simply lawyers, spite numerous requests from people professionals.’’ the refugees lifted some of the babies within Cuba, as well as in the inter- Leonel Morejon Almagro, a Cuban lawyer, up so that they could see with the re- national community, for the Govern- has faced repeated harassment for defending flectors that they had children on ment to bring someone to justice, it clients in cases against the government. In board. That did not stop them. They has not, and of course it cannot, be- 1995 he was instrumental in establishing the continued with the power hoses, and of cause it is the tyrant himself, the evi- Concilio Cubano, an umbrella organization course then sank them, and more than dence dictates beyond all shadow of composed of approximately 140 groups, in- 40 died. I insert these names into the any doubt, who gave the order. So that cluding the Corriente Agramontista. The group’s mission is to ‘‘promote a peaceful RECORD, Mr. Speaker. is something that is going to have to transition to a democratic constitutional TUGBOAT MARCH 13 be dealt with as soon as possible. state and the establishment of a legal frame- PASSENGER’S LIST, JULY 13, 1994 I would like to at this point also work to guarantee the observance of univer- Juan Mario Gutierrez Garcia, age 11. mention an article that did not come July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5909 out in the press here, but did come out statements of Secretary Davidow are THE DANGERS OF THE PROPOSAL in the press in Madrid in the ABC to be commended and thanked. We will OF THE U.S. FISH AND WILDLIFE newspaper, which is one of the most continue speaking, Mr. Speaker, on the SERVICE TO INTRODUCE GRIZ- prestigious and oldest newspapers in reality of the Cuban tyranny, on ZLY BEARS INTO IDAHO Madrid. human rights violations, on the fact The SPEAKER pro tempore (Mr. A doctor in Cuba in charge of the that there is a cover-up going on by the TAYLOR of North Carolina). Under the AIDS center in Santiago, Las Vegas, Government, President Clinton, Speaker’s announced policy of January near Havana, has admitted that over against the drug smuggling activities 7, 1997, the gentlewoman from Idaho 100 young people in Cuba have been in- that the Cuban tyrant has engaged in. [Mrs. CHENOWETH] is recognized for ap- jected with the AIDS virus in an exper- My colleagues, the gentleman from proximately 35 minutes, half the re- iment; that 90 percent of them have Indiana, Mr. DAN BURTON, and the gen- maining time until midnight. died; that they were told that, at the tlewoman from Florida, Ms. ILEANA Mrs. CHENOWETH. Mr. Speaker, I time they were injected, that there was ROS-LEHTINEN, and I wrote a letter to am taken with the comments of my a good chance that there would be a General McCaffrey, the director of the colleague, the gentleman from Florida vaccine, a cure, developed before any- Office of National Drug Control Policy, [Mr. DIAZ-BALART]. He truly is a free- thing would happen to them, and that back in November, with page after page dom-fighter, and I am very pleased in the interim, they would be in a five- of evidence, and including other un- that he brought these comments to the star luxury resort. classified evidence that we have of Cas- attention of the American people. This is an admission by Dr. Jorge tro’s participation in the drug trade. I want to speak on an entirely dif- Perez, the director of the AIDS treat- We were very disappointed with his ferent issue, in an entirely different ment center at Santiago Las Vegas in lack of response and also the lack of re- area of the world. I would like to begin Havana. I have heard nothing from the sponse of other agencies. There should my comments tonight, Mr. Speaker, national media in the United States, be no contradiction between what the with a joke. Members may have heard nothing on CNN, and yet an admission field people in south Florida tell us, the joke. A preacher was being chased from this Cuban doctor was published and they have told us on tape of the down the mountain by a grizzly bear. in the ABC newspaper, this monstros- fact that over 50 percent of the cocaine Just as the bear was about to catch ity. that comes into the United States in him, the preacher fell to his knees and The doctor said, ‘‘We sinned from pa- the Caribbean comes through or by made a plea to God. He said, Oh, Lord, ternalism by presenting the AIDS de- Castro’s Cuba, and the cover-up that I implore you to make a Christian out tention center as a paradise.’’ This we see time and time again from the monstrosity is something that I think of this bear. Shortly after this prayer, top of the DEA and the White House. the media has an obligation to bring to the grizzly bear immediately fell to his That is unacceptable, and we are knees and proclaimed, Dear Lord, the international community and that going to continue to talk about that, the national media in the United please bless this food I am about to eat. and we are going to have another Spe- Mr. Speaker, that was a joke, but, States has an obligation to bring to the cial Order soon specifically limited to unfortunately, what I am about to American people. this evidence that is being covered up What we have, Mr. Speaker, is a ty- share with Members tonight is not a rant whose jokes continue to be of Castro’s participation in the drug joke, it is reality. I rise this evening to laughed at and his beard caressed by trade. speak about the proposed introduction This is poisoning the youth of Amer- even some of our colleagues who go and of these man-eating animals in my ica, and for whatever reasons, of ap- visit there occasionally and laugh at State. peasement, of not wanting to confront his jokes, while his crimes are not even Yes, that is true. I would say to my reported. The American people are not Castro, a fear that he will release refu- colleagues who are listening, if they told about what he is doing. gees, or whatever the fear is caused by, have ever wondered why many Mem- Nevertheless, the instinct, the sense that appeasement is caused by, it is bers in the West like me have real con- that the American people have about simply inexcusable that there is a cerns about the current implementa- the fact that that tyrant is an enemy cover-up of that dictatorship’s partici- tion of the Endangered Species Act, I of the United States and a hater of his pation in the drug trade. beseech them to listen attentively to own people, is very strong and some- So we will have another of these Spe- my comments. I think only then Mem- thing that I think that history will see cial Orders in the next weeks, specifi- bers will begin to understand the sense as a distinguishing characteristic of cally on the evidence of Castro’s par- of sometimes the absurd manner in the American people, that ever wise, ticipation in the drug trade and, thus, which this act is being carried out by deeply wise American people. the cover-up that is occurring by the the Federal agencies. If there ever was Of course, the Cuban people will al- administration of the evidence that it an example of how out of touch our ex- ways be grateful for the sense of soli- knows, it has, of Castro’s participation treme environmental policies have be- darity that has always come in that in the drug trade. come, this is it. distinctive way from the people of this Suffice it to say at this point that Quite simply, the U.S. Fish and Wild- great Nation, the United States of there is an indictment ready to be filed life Service has actually prepared a America. I want to thank Assistant by the U.S. attorney in the Southern plan to introduce grizzly bears, known Secretary Jeffrey Davidow for stating, District of Florida charging the Cuban by their Latin name as ursus horribilis, and I read it today, his remarks: ‘‘The Government as a racketeering enter- into a huge portion of my district. hemisphere cannot reach its potential, prise, and 15 members of the hierarchy Mr. Speaker, let me explain to the cannot become whole, cannot be fully of the Cuban dictatorship, charging Members what the implications are of democratic, cannot fully confront the them with cocaine trafficking into the this proposal to the management poli- realities of economic globalism or meet United States, and that because of a cies of a significant portion of the the challenges of crime, narcotics, political decision, that indictment was State of Idaho. To help illustrate my human rights abuses, and other put into a drawer and it has been hid- point, I would like to draw Members’ transnational issues, when one nation, den. It has not been authorized to be is- attention to this rather large map of Cuba, remains undemocratic.’’ sued. Idaho that has marked in it the area I thank him for that statement. It In addition to that, a drug trafficker that the Fish and Wildlife Service has rings out as distinctive in this world, who was arrested last year not only designated as the recovery area for the which demonstrates consistently such implicated Castro personally in mul- grizzly bear under their plan to intro- lack of solidarity and such lack of care, tiple drug deals but agreed to go in duce the bear back into the State. such lack of concern, such lack of under surveillance and do another deal As we can see, this is an enormous awareness toward what is happening in with Castro, and the administration area. It is almost 28.5 million acres. It the holocaust occurring 90 miles to has shut that up as well. includes 14 counties populated by near- that unarmed people, the Cuban people. So we will continue to talk about ly a quarter of a million people and has I think that obviously much more these subjects. The American people at least 13.2 million visitors a year. It must be said, but, nevertheless, the deserve it. is over one-third of the State of Idaho. H5910 CONGRESSIONAL RECORD — HOUSE July 28, 1997 The grizzly bear recovery area runs Let me quote from a very interesting they felt when they could not success- very close to Boise, ID. It includes an book about the behavior of grizzly fully kill the animals, even with sev- area that has our University of Idaho bears, in a book titled ‘‘Alaska Bear eral shots fired from their 18th century in it. It has many populated areas in Tales.’’ The book states that, ‘‘A bear’s guns. this area. Just to give Members an idea nature is definitely interesting and dif- Mr. Speaker, I think that it is impor- about how big this area is, let me give ferent. They have their own individual- tant in looking at this issue to share a comparison. In this area we could fit ity. No two bears will do the same just how vicious the grizzly bears are the States of Connecticut, Delaware, thing in a given situation, and a bear to human beings. Let me warn you, Maryland, Massachusetts, New Hamp- may not do the same thing twice. But what I am going to speak about is a bit shire, Vermont, and Rhode Island, into then again, though there will always be gruesome but it is a real factor in this this area that we see colored in red on exceptions to the last statement, it issue and it needs to be laid out there. this map, plus have over 1 million acres would serve us well to commit it to An adult grisly can weigh as much as to spare. memory.’’ 450 pounds. It can run up to 40 miles an How would the introduction of the I ask Members, Mr. Speaker, if every hour over irregular terrain. It has a grizzly bear affect this massive area? individual bear’s behavior is so dif- keen sense of hearing and an even The grizzly bear, in terms of manage- ferent, how in the world can the bu- ment, is unlike any other species. In keener sense of smell. The teeth are reaucrats begin to come up with any large and very, very sturdy, especially short, it is a huge and dangerous ani- workable management scheme for mal, and that is a huge and dangerous the canines, and although they are not bears? It is just not going to work. particularly sharp, the power of the problem for us. The grizzly bear is, by How does the Fish and Wildlife Serv- its nature, a large predatory mammal jaw muscles allow them to readily pen- ice intend to answer that question? etrate deep into soft tissues and to that, provoked or unprovoked, can Their only answer is, and I will tell the move very quickly to viciously attack fracture facial bones and bones of the Members straight out, it is by shutting a human or an animal. In addition, the hand and forearm with ease. down human activity in the area that grizzly has special dietary needs and The resulting trauma is characteris- we see on this colored map. requires a vast amount of area for its tically a result of punctures with habitat, which can range between 10 b 2300 sheering, tearing, and crushing force. square miles and 168 square miles, de- The changes would result from the Claws on the front pads can be as long pending on the availability of food. existence of protected grizzly bears as human fingers and can produce sig- The Wildlife Management Institute that would dramatically alter the man- nificant soft tissue damage in a scrap- states in its book ‘‘Big Game of North agement of this area in Idaho and some ing maneuver that results in deep par- America, Ecology and Management,’’ in Montana. This is an absolute perver- allel gashes. The bear paw is capable of that, and I quote, ‘‘For most species, sion of the Endangered Species Act. delivering powerful forces, resulting in protection is an uncomplicated and ef- This is a perfect example of how the le- significant blunt trauma, particularly fective method of preservation. When gitimate goals of the act, once sup- to the head and the neck region, the bears are totally protected, however, ported by almost everyone, have been rib cage and the abdomen. some individual bears can be aggres- twisted to fit the whims of a few who In many reported cases bears attack sive towards people or cause damage to have a different view on how our land and then they begin to back off and livestock and property, which makes should be managed. It is a ploy that wait and watch and again resume imperative a different form of manage- those who are directly affected by this mauling the victim, sometimes going ment.’’ misapplication of the act have come to for the head, especially if they see The book cites several distinct resent. movement. human-related activities grizzly bear Mr. Speaker, I would like to expound The bears then wait and watch, once management needs to address in favor further on a very important element of again, and then swipe claws across the of the grizzly bear. These management the grizzly bear introduction and that genital areas to test signs of life. And considerations include the construc- is the danger these predators present this is typical. An unarmed person’s tion of town sites and populated areas, to human beings. This aspect brings only defense, say the experts, is to play which by the way, already exist; camp- the grizzly bear introduction into a dead and whatever, the experts advise, grounds, which already exist; trails; do not move. Unfortunately, if a bear is roads; storage of food or bait, and gar- whole new realm of incomprehensibil- ity of purpose and unmeasured cost. hungry or angered or if you happen to bage disposal; the allowance of too be between a bear and a cub or a pile of many people into prime bear habitat Mr. Speaker, it is an undisputed fact that the grizzly bears tend to possess a food, you may not have time to get for a multitude of activity, such as down and play dead. When one studies simple living, hiking, fishing, hunting, propensity of violence toward humans and animals. As the Fish and Wildlife bear attacks, it is easy to see why hu- camping, livestock management, and mans have developed a healthy fear of the allocation of space for forage, and Service well documents, grizzly bears were almost exterminated from the these animals. other resources in areas heavily used Let me also note that while it is an by both bears and humans. lower 48 States, and this was not be- unusual occurrence, grizzly bear at- In essence, what introducing the un- cause there was a market for their fur tacks on humans do continue on a reg- predictable grizzly bear under the full or for their meat, because there was protection of the Endangered Species not, but simply because individuals ular basis in areas where the bear ex- Act means is that this large area that who settled in the Great Plains in ists. That is why we do not want it to we see blocked in this map will experi- Idaho, Montana and California, whose exist in Idaho. ence a complete change in its lifestyle. flags bear the picture of an emblem of Grizzly bears have not become kinder People will not be able to behave or the grizzly bear, they all sought pro- and gentler with age. In fact, in the work in the way they used to in this tection for their families and their do- past few years, because more people are area, in this part of Idaho. Roads nor- mestic animals from what in their recreating in our forests and lands, mally open will be shut down. Hiking minds was the most terrifying of all documented attacks have increased. trails will be restricted. Camping areas animals in America. Let me share with you some of these will be closed. Hunting will be re- While settlers may have recognized recent occurrences. In early September stricted. Livestock and logging prac- the majesty of these animals, they re- 1996, an individual hunting elk in an tices will be dramatically altered. alized the horrible threat that they area a few miles north of Yellowstone All in all, in order for the bears to were, and there was no Federal act was attacked without provocation. He survive and diminish human risk, hun- that stopped them from taking action was with another hunter, questioning dreds of square miles at any given to eliminate this threat. Thank good- the notion that bears only attacked in- time, depending on where the bear ness. Lewis and Clark described in dividuals who are alone, and had part roams, would either have to be shut their journals the absolute terror that of his biceps bitten off. down or have human activity severely they and the Indians had for these ani- In Alaska, where grizzly bear attacks restricted. mals, the extreme frustration that occur on a regular basis, recently a July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5911 woman and her husband were back- bone. She had my left thigh in her Mr. Speaker, using this same logic packing in a wilderness area near Fair- mouth, and she was shaking me around introducing the grizzlies into Idaho is banks. The woman was attacked by a like a dog would a dish towel. like pouring toxic substance into a grizzly which resulted in her facial When it was over, Bram was alone in water supply. It may only kill one in bones being smashed, her nose missing, the woods. It was getting dark and be- 10,000 or so, but it still is not a good her scalp shredded or gone, massive ginning to rain. The temperature near thing to do. And in addition, know- wounds in her legs and buttocks. freezing. The bear had bitten a chunk ingly doing this makes one liable for Also an American woman is suing the of meat from his right side under his serious personal injury claims involv- Canadian Government because of emo- arm about the size of a football. One ing negligent disregard for human life tional and physical scars left from a hand and wrist were chewed up. The and safety. I would like to share with grizzly rampage at a Canadian park scalp was open to the bone. He was cov- you how a dangerous instrumentality campgrounds in 1995. A number of un- ered with blood but worst of all was his is defined by law. Keep in mind that reported bear encounters occurred left thigh. It looked like someone had these are the types of definitions cre- shortly before the ranger and friends taken an axe to it again and again. ated through case law that are used had their tents ripped through and Most of the big muscle that runs down when liability cases are considered in were attacked by grizzly bears early in the front of the thigh was hanging out court. the morning, and the attack left the of his jeans, peeled back from his leg The Black’s Law Dictionary defines a ranger with a number of disfiguring for much of its length. dangerous instrumentality as anything scars. Most of us would have fainted at that which has the inherent capacity to In August 1996, a man on a hiking sight but Bram tucked the muscle back place people in peril, either in itself or trip was killed by a grizzly bear in in his jeans as best he could and tied it by careless use of it. Due care must be Alaska. The man and his friends had up with his hunting vest. He got up and used to avoid injury to those reason- taken all the suggested precautions in he found that while he could not bend ably expected to be in proximity. And going into known bear country, such as the leg, he could walk stiff legged using it goes on to say, ‘‘in certain cases ab- wearing bear bells and making noise his wounded left knee as kind of a peg. solute liability may be imposed.’’ while they hiked through the brush. He could not go uphill but he could go Mr. Speaker, based on what I have The attack was quick and the man was downhill and he had his rifle and 9 described to you, can introducing the killed very rapidly. rounds so he knew he could fire signal deadly grizzly bear into the human en- In June 1996, an elderly man hiking a shots and he knew they would come vironment be construed to mean any- common trail in Glacier National Park looking for him. Even after rescue, thing differently than the inherent ca- while taking a rest was attacked by a many hours later, his nightmare was pacity to place people who are in the grizzly bear leaving a gash in his scalp, not over. He waged a war against gan- proximity in peril? I think not. a trail of holes down his back, and a grene. As his doctors explained a bear’s What this clearly means to me is broken leg bone. Park officials deter- mouth is notoriously foul, especially that introducing a dangerous predator mined that the man had inadvertently one that had been feeding on intes- in a human environment will undoubt- invaded the bear’s space and, therefore, tines. But Bram managed to survive edly open up the prospect of making it did not need to be relocated or and after three operations expert sur- the Government or its personnel liable geons managed to save his leg. About killed. in courts from any resulting death or In August 1996, an experienced back- 35 percent of his thigh is simply gone. injury. This could potentially be very packer was killed in the Yukon Terri- He walks with the help of crutches and costly to the taxpayers. tory by a grizzly bear. And in October will likely have a severe limp for the Let me say for the record, Mr. Speak- er, not one human death or injury re- 1995, a man hiking in British Columbia rest of his life. Mr. Speaker, when I presented these sulting from a grizzly bear attack is was attacked by a bear after taking off types of concerns about human risk to acceptable to this Congressman. In his shoes and socks near a stream. Also the Fish and Wildlife Service at a re- fact, it should not be accepted by any- in October 1995, two hunters were cent hearing I held in the House Sub- one who values human life. I do not killed by three grizzly bears in British committee on Forest and Forest want to have to stand up before a Columbia and they were carrying out a Health, I was quite dumbfounded at the spouse, a parent, a child, brother, or carcass of elk. You cannot possibly ex- response that I was given by the offi- sister who have lost their loved one be- pect to hunt, dress out game, and pack cials in charge of this program. I asked cause of a rare occurring brutal grizzly it out without having blood on your them if they knew that there was a bear attack and explain that this trag- hands, blood on your clothes, an imme- known killer in the forest, would they edy would not have occurred had we diate attraction for grizzly bears. allow that killer to remain there to not introduced this dangerous animal In August 1996, a 9-year-old, 550- cause harm to human life and limb? into Idaho in the first place. pound grizzly bear near the Yellow- They, too, recognized the danger of b 2315 stone area was finally destroyed by grizzly bears. However, they brushed park officials after killing dozens of the threat off as being rare and part of In addition, for those who visit and cattle, preying on 10 calves alone in the the thrill of being in the wild. They work in this beautiful area, the threat 2 weeks before it was put to death. rationalized that putting grizzly bears of abrupt death or injury, no matter Since 1990, there have been 17 grizzly in the woods only makes it a part of how unlikely it may seem, will also al- bear maulings in Glacier National the other natural dangers that anyone ways be in the back of their minds. Park, 5 maulings in Yellowstone Park. must contend with when they venture When we hike on our trails, when we One very compelling story is that of out into the wide open. Even with their sleep in our tents or go about our busi- an 18-year-old boy, living not far from plan they estimate that there could be ness, we will always have to contend my district in Broadus, MT. His name about one human injury or death each with the possibility that we have acci- is Bram Shaffer. He was hunting near year. dentally stepped in the pathway be- Horseshoe Mountain, 10 miles north of Let me repeat, the Fish and Wildlife tween a mother grizzly and her cub, an Yellowstone, and he was walking along Service is planning for about one often fatal error. quietly, not calling out and certainly human injury that could result in Mr. Speaker, with all of the concerns no bear calls, keeping his eyes mostly death due to the grizzly every single that I have shared tonight, and believe on the ground, when he stepped out of year. me this is not an easy special order the stand of trees to find a grizzly bear Mr. Speaker, I have to say that I was speech to give because it is so unpleas- already charging him. The 18-year-old mystified by that response. I ask this ant, but it should come as no small had time to take four desperate steps, House, Mr. Speaker, is introducing this wonder that the opposition in Idaho trying to get out of the way, when predator, one that is not threatened against this misguided proposal is Bram’s head was suddenly in the bear’s with extinction, worth the cost of even overwhelming and decisive. In fact, mouth and then Bram later wrote, she one human life? Is it worth even the every single elected official in Idaho, threw me to the ground and started cost Bram Shaffer and his family have and that includes the entire congres- chewing on me like I was a big dog had to pay for his injuries? sional delegation, the Governor, the H5912 CONGRESSIONAL RECORD — HOUSE July 28, 1997 entire State House, the Attorney Gen- rancher who has killed one of the bears necessary, as I have said before, for eral, every State legislator, with the to protect his livestock? My colleagues their survival or even the recovery of exception of one who voted against a may say the Endangered Species Act the species. Let me say that again. For resolution opposing the grizzly bear in- allows for ranchers to protect their the fourth time, the introduction of troduction, all the county commis- property or their life. Well, ask John the grizzly bear in Idaho is not even sioners, the sheriffs, so on and so forth, Schuler, a rancher in Montana, who necessary for their survival or even the are adamantly opposed to the introduc- early one February morning was awak- recovery of the species. tion of grizzly bears even as an experi- ened to the unmistakable sound of a The agency has arbitrarily chosen mental population. grizzly bear in his sheep pens. He got this area to introduce grizzly bears, And, remember, Mr. Speaker, they up and went outside and fired a couple not because the species is in danger of are not in danger of extinction. Even of shots and, sure enough, a couple of extinction but because they have deter- the head of the Idaho Fish and Game grizzlies bounded out of the sheep pens, mined this area is suitable habitat and Department has publicly stated that, and the sheep were piling up on one historically inhabited by grizzly bears. under the direction of the Governor, he end. Just wait, Mr. Speaker, until they will not issue permits to allow the Well, John Schuler stayed out there try to introduce the grizzly bear into bears into this State, and yet the pro- for 2 or 3 hours with the sheep and he the Great Plains or California. Keep in gram goes on. This is utter arrogance, did not see any more signs of the griz- mind, Mr. Speaker, grizzly bears cur- utter nonsense, and a total zly so he decided to go back to get an rently inhabit and are beginning to misexpenditure of the American tax- hour or so of sleep before dawn. As he thrive in such areas as Yellowstone payer. was going back to his house, suddenly Park and the Cabinet-Yaak Mountains In addition, 90 percent of the people out of the dark rose a grizzly bear with in Montana, and are already currently who live, recreate and work in the af- his paws in the air and he growled. protected by the Endangered Species fected area are dead set against this John Schuler did what any human Act. In addition, the grizzly bear num- proposal. Campers and hikers are con- being would do with a gun in his hand: bers in the tens of thousands in Canada cerned, for obvious safety reasons, and He shot the bear. and Alaska. because many of the trails in areas Well, the bear came down, and there In other words, Mr. Speaker, where would be made off limits. Hunters are was no stirring or movement, so John ursus horribilis exists, there is no also concerned about dramatic reduc- Schuler went on and went ahead to his threat of extinction. However, because tions in the game animal population. home to get a couple of winks of sleep, they are not where the Government Ranchers are concerned about loss of deciding he would take care of the car- thinks they may have possibly existed, cattle and road closures, and private cass, notify the proper agencies in the and where the Government thinks in property owners are deeply concerned morning, and so he did. But when he their misguided wisdom that they about bears foraging too close to their came out in the morning the grizzly should be now, which according to the homes. bear was gone and all there was was a Fish and Wildlife Service is most of the Overall, people are not only afraid of trail of blood into the woods. Western United States, the Endangered the immediate threat, and I mean Well, John Schuler got his gun and Species Act requires them to expend afraid of the immediate threat of hav- dogs and went into the woods. He had taxpayer resources to eventually re- ing bears in their backyards, but also not been there long when a wounded turn them to these areas, or so they being subject to severe restrictions in grizzly bear charged him, bent on kill- think the ESA requires them. accessing the forest and lands both for ing John Schuler. Well, this time John This, in my opinion, is not an appro- recreational and industrial purposes. Schuler shot the bear and made sure priate utilization of the act or tax- Mr. Speaker, what part of ‘‘no’’ does that the bear was dead. He notified the payers’ money. In fact, I would like to the Fish and Wildlife not understand agencies and they came out and did the read from the act itself, the section about this crazy program? Amazingly, necessary investigation. And lo and be- that delineates the process of introduc- despite being fully aware of the State’s hold, Fish and Wildlife Service sued ing experimental populations which solidarity against their proposal, the John Schuler for the intentional tak- the Service is citing as their authority Fish and Wildlife Service is moving ing of an endangered species. for this proposed action. forward with their plans to introduce One might think that case would be It states: ‘‘Before authorizing the re- these bears. What is even more incred- easy to defend. In fact, one of Ameri- lease of any experimental population, ible and even more unbelievable is that ca’s finest litigating organizations, the the Secretary shall by regulation iden- the way they are addressing the State’s Mountain States Legal Foundation, de- tify the population and determine, on concerns. fended John Schuler. But in the lower the best available information, wheth- The preferred alternative for the in- court they lost, and that issue is on ap- er or not such a population is essential troduction of the bear is to turn the peal now. But they lost and John to the continued existence of an endan- day-to-day management of these ani- Schuler was fined. gered species or a threatened species.’’ mals over to the State and community The judge reasoned that when John Mr. Speaker, is the introduction of as part of a citizens management com- Schuler shot the bear, when the bear the grizzly bear into the Bitterroot mittee. I can tell my colleagues the rose up and growled at him when he area in Idaho essential to the contin- State does not want them. But what was going back to his home, the judge ued existence of the grizzly bear as re- that really means is that the manage- reasoned that that was a greeting; a quired by this section? Clearly, Mr. ment and enforcement of an ill-advised greeting, Mr. Speaker. And what about Speaker, it is not. and hazard-filled program will be when the bear came out of the bushes Further, it might surprise my col- passed to individuals, some of whom bent on killing John Schuler? Did he leagues to know that when ESA was re- have strenuously opposed the very idea not have a right to defend his life? authorized in 1978, the Congress was of introduction from the beginning. Well, the judge reasoned that the bear concerned about the unnecessary ex- On its face, it is utterly preposterous. was provoked by John Schuler’s ac- pansion, back then, 9 years ago, the un- How will the local citizens feel when tions the night before, and so the bear necessary expansion of the grizzly bear their county government has to close was doing only what bears normally do habitat in the West, and even addressed numerous roads and trails because it is when they are provoked: They kill hu- this concern in the committee report bear habitat, grizzly bear habitat? Will mans. that accompanied the act. the local governments be able to han- No, we must do something in this That is surprising, is it not? Allow dle the cost of litigation coming from Congress to make sure that we begin to me to read from the 1978 congressional groups seeking costs of damages caused put the Endangered Species Act back report. by the bear, or from environmental on a stable and focused plan. ‘‘The committee is particularly con- groups who feel that there are not I would like to make one last point, cerned about the implications of this enough restrictions on land use? Mr. Speaker, that even makes this policy where extremely large land How will local law enforcement deal whole idea absurd. The introduction of areas are involved in a critical habitat with the dilemma of prosecuting a the grizzly bear into Idaho is not even designation. For example, as much as July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5913

10 million acres of Forest Service land It can be done, Mr. Speaker. It must Mr. FORBES. is involved in a critical habitat being be done. And with all of our help, work- Mr. SOLOMON. proposed for the grizzly bear in the ing together, it will be done. Mr. SCHIFF. Western United States. Much of the f Mr. LEWIS of California. land involved in this proposed designa- Mr. BILIRAKIS. tion is not habitat that is necessary for LEAVE OF ABSENCE Mr. RAMSTAD. the continued survival of the bear.’’ By unanimous consent, leave of ab- (The following Members (at the re- We do not have just 10 million acres, sence was granted to: quest of Mrs. CHENOWETH) and to in- Mr. Speaker, that they are proposing Mr. FORBES (at the request of Mr. clude extraneous matter:) here. We can set five eastern States in- ARMEY), for today and the balance of Mr. COSTELLO. side this area. Clearly, the agency is ig- the week, on account of his father’s Mr. BALLENGER. noring what the congressional intent is death. Mr. PACKARD. and what the Congress specifically ad- Mr. SCHIFF (at the request of Mr. Mr. GREEN. dressed in 1978, and clearly Congress ARMEY), for today and the balance of f had in mind the unnecessary expansion the week, on account of medical rea- SENATE BILLS AND CONCURRENT of grizzly habitat when it reauthorized sons. RESOLUTION REFERRED the Endangered Species Act in 1978. Ms. EVANS (at the request of Mr. GEP- The real question is why the agencies HARDT), for today, on account of offi- Bills and a concurrent resolution of blatantly disregard the explicit con- cial business. the Senate of the following titles were gressional intent in this matter and Mr. YATES (at the request of Mr. GEP- taken from the Speaker’s table and, have moved forward in designating this HARDT), for today after 7 p.m., on ac- under the rule, referred as follows: massive area in Idaho and Montana for count of personal reasons. S. 833. An act to designate the Federal the grizzly bear, driven on by special Mr. GONZALEZ (at the request of Mr. building courthouse at Public Square and interest national environmental GEPHARDT), for today and the balance Superior Avenue in Cleveland, Ohio, as the groups. of the week, on account of medical rea- ‘‘Howard M. Metzenbaum United States Courthouse’’; to the Committee on Transpor- Mr. Speaker, I would venture to say sons. tation and Infrastructure. that any Member of this Chamber, Mr. RUSH (at the request of Mr. GEP- S. 1000. An act to designate the United whether they are Democrat or Repub- HARDT), for today, on account of airline States courthouse at 500 State Avenue in lican, eastern or western, conservative cancellation due to inclement weather. Kansas City, Kansas, as the ‘‘Robert J. Dole or liberal, if faced with the possibility f United States Courthouse’’; to the Commit- of having ursus horribilis introduced tee on Transportation and Infrastructure. into their district, I would be happy if SPECIAL ORDERS GRANTED S. 1043. An act to designate the United States courthouse under construction at the they would stand up, as I have, and vig- By unanimous consent, permission to corner of Las Vegas Boulevard and Clark Av- orously object to this. If there is one in address the House, following the legis- enue in Las Vegas, Nevada, as the ‘‘Lloyd D. this body who feel that they could de- lative program and any special orders George United States Courthouse’’; to the fend having the bears in their district, heretofore entered, was granted to: Committee on Transportation and Infra- please see me and I think we can ar- (The following Member (at her own structure. range something. Somehow, I doubt request) to revise and extend her re- S. Con. Res. 43. Concurrent resolution urg- that there is such a Member. marks and include extraneous mate- ing the United States Trade Representative rial:) immediately to take all appropriate action If Members are among those who with regards to Mexico’s imposition of anti- would oppose this action in their dis- Mrs. CLAYTON, for 5 minutes, today. dumping duties on United States high fruc- trict, then I would implore them, any (The following Members (at the re- tose corn syrup; to the Committee on Ways of the Members of this body, to join me quest, of Mr. DUNCAN) to revise and ex- and Means. in stopping this completely unneces- tend their remarks and include extra- f sary and costly action from happening neous material:) b in my district. They can do so by co- Mr. HUTCHINSON, for 5 minutes, on 2330 sponsoring H.R. 2162, a bill that I have July 29. ADJOURNMENT introduced that simply would prohibit Mr. HILL, for 5 minutes, on July 29. Mrs. CHENOWETH. Mr. Speaker, I the reintroduction of grizzly bears into Mr. GIBBONS, for 5 minutes, on July move that the House do now adjourn. the Bitterroot ecosystem in east 29. The motion was agreed to; accord- central Idaho. Ms. ROS-LEHTINEN, for 5 minutes, on ingly (at 11 o’clock and 30 minutes July 29. With my colleagues’ help we can stop p.m.), the House adjourned until to- Mr. KASICH, for 5 minutes, today. this nonsense by the Fish and Wildlife morrow, Tuesday, July 29, 1997, at 9 Mr. GEKAS, for 5 minutes, on July 29. Service and work on a more legitimate a.m. for morning hour debates. use of the Endangered Species Act. Mr. GOSS, for 5 minutes, on July 29. f Continuing these efforts to introduce Mr. DUNCAN, for 5 minutes, today. dangerous predators where millions of f EXECUTIVE COMMUNICATIONS, people live and work will only serve to ETC. EXTENSION OF REMARKS give ESA another black eye and turn Under clause 2 of rule XXIV, execu- more people against the environmental By unanimous consent, permission to tive communications were taken from policies of this administration. revise and extend remarks was granted the Speaker’s table and referred as fol- I hope that in my speech tonight, to: lows: that I have been able to educate my (The following Members (at the re- colleagues with some very strong evi- quest of Mrs. CLAYTON) and to include 4367. A letter from the Administrator, Ag- dence of how the policies instituted extraneous matter:) ricultural Marketing Service, transmitting the Service’s final rule—Sheep Promotion, under the Endangered Species Act have Mr. DEFAZIO. Research, and Information [No. LS–97–002] completely gone adrift. I also hope that Mr. HAMILTON. received July 23, 1997, pursuant to 5 U.S.C. it will drive my colleagues, as it has Mr. BENTSEN. 801(a)(1)(A); to the Committee on Agri- me, to come together and to rein in Mr. LANTOS. culture. this extreme environmental policy that Mr. MILLER of California. 4368. A letter from the Administrator, Ag- we now see running rampant in some of Mr. CLEMENT. ricultural Marketing Service, transmitting our agencies, and come up with one Mrs. CARSON. the Service’s final rule—Popcorn Promotion, Research, and Consumer Information Order that addresses the real needs of our en- Mr. JOHNSON of Wisconsin. [FV–96–706FR] received July 23, 1997, pursu- vironment, while at the same time re- Mr. CONYERS. ant to 5 U.S.C. 801(a)(1)(A); to the Committee specting the lives and livelihoods of (The following Members (at the re- on Agriculture. those who are affected by our environ- quest of Mr. DUNCAN) and to include ex- 4369. A letter from the Administrator, Ag- mental policies. traneous matter:) ricultural Marketing Service, transmitting H5914 CONGRESSIONAL RECORD — HOUSE July 28, 1997 the Service’s final rule—Milk in the Carolina 4380. A letter from the Administrator, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Certain Other Marketing Areas; Order Farm Service Agency, transmitting the Committee on Banking and Financial Serv- Amending the Orders [Docket No. AO–388–A9, Agency’s final rule—Disaster Set-Aside Pro- ices. et al.; DA–96–08] received July 23, 1997, pursu- gram—Second Installment Set-Aside 4391. A letter from the Secretary of Agri- ant to 5 U.S.C. 801(a)(1)(A); to the Committee [Workplan No. 96–051] (RIN: 0560–AE98) re- culture, transmitting a draft of proposed leg- on Agriculture. ceived July 25, 1997, pursuant to 5 U.S.C. islation to amend section 514(a) of the Hous- 4370. A letter from the Acting Adminis- 801(a)(1)(A); to the Committee on Agri- ing Act of 1949 to expand the entities eligible trator, Agricultural Research Service, trans- culture. for farm labor housing loans to include lim- mitting the Service’s final rule—National 4381. A letter from the Acting Executive ited partnerships, in which the general part- Arboretum [7 CFR Part 500] received July 25, Director, U.S. Commodity Futures Trading ners are nonprofit entities; to the Committee 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commission, transmitting the Commission’s on Banking and Financial Services. Committee on Agriculture. final rule—Interpretation Regarding Use of 4392. A letter from the Director, Office of 4371. A letter from the Congressional Re- Electronic Media by Commodity Pool Opera- Management and Budget, transmitting view Coordinator, Animal and Plant Health tors and Commodity Trading Advisors for OMB’s estimate of the amount of change in Inspection Service, transmitting the Serv- Delivery of Disclosure Documents and Other outlays or receipts, as the case may be, in ice’s final rule—User Fees; Agricultural Materials [17 CFR Part 4] received July 21, each fiscal year through fiscal year 2002 re- Quarantine and Inspection Services [Docket 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the sulting from passage of H.R. 173, pursuant to No. 96–038–3] (RIN: 0579–AA81) received July Committee on Agriculture. Public Law 101–508, section 13101(a) (104 Stat. 25, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 4382. A letter from the Secretary of Agri- 1388–582); to the Committee on the Budget. the Committee on Agriculture. culture, transmitting a report of a technical 4393. A letter from the Secretary of Edu- 4372. A letter from the Administrator, Co- violation of the Anti-Deficiency Act, pursu- cation, transmitting Final Regulations—Di- operative State Research, Education, and ant to 31 U.S.C. 1517(b); to the Committee on rect Grant Programs, pursuant to 20 U.S.C. Extension Service, transmitting the Serv- Appropriations. 1232(f); to the Committee on Education and ice’s final rule—1890 Institution Capacity 4383. A letter from the Director, Defense the Workforce. Building Grants Program; Administrative Finance and Accounting Service, transmit- 4394. A letter from the Assistant General Provisions (RIN: 0524–AA03) received July 28, ting notification that the Defense Finance Counsel for Regulations, Department of Edu- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Accounting Service (DFAS) is modifying cation, transmitting the Department’s final Committee on Agriculture. the scope of the cost comparison study of ac- rule—Direct Grant Programs (RIN: 1880– 4373. A letter from the Administrator, Co- counting functions supporting the Defense AA76) received July 25, 1997, pursuant to 5 operative State Research, Education, and Commissary Agency (DeCA), pursuant to 10 U.S.C. 801(a)(1)(A); to the Committee on Edu- Extension Service, transmitting the Serv- U.S.C. 2304 nt.; to the Committee on Na- cation and the Workforce. ice’s final rule—Higher Education Challenge tional Security. 4395. A letter from the Administrator, En- Grants Program; Administrative Provisions 4384. A letter from the Assistant Secretary, ergy Information Administration, Depart- (RIN: 0524–AA02) received July 28, 1997, pur- Department of the Navy, transmitting noti- ment of Energy, transmitting the Energy In- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- fication of the Secretary’s intent to study a formation Administration’s Annual Report tee on Agriculture. commercial or industrial type function per- to Congress 1996, pursuant to 15 U.S.C. 4374. A letter from the Director, Office of formed by 45 or more civilian employees for 790f(a)(2); to the Committee on Commerce. Regulatory Management and Information, possible outsourcing, pursuant to 10 U.S.C. 4396. A letter from the Executive Vice Environmental Protection Agency, transmit- 2304 nt.; to the Committee on National Secu- President and Chief Operating Officer, Cor- ting the Agency’s final rule—Myclobutanil; rity. poration for Public Broadcasting, transmit- Pesticide Tolerances for Emergency Exemp- 4385. A letter from the Secretary of De- ting the annual report on the provision of tions [OPP–300510; FRL–5729–3] (RIN: 2070– fense, transmitting the Secretary’s certifi- services to minority and diverse audiences AB78) received July 22, 1997, pursuant to 5 cation that the current Future Years De- by public broadcasting entities and public U.S.C. 801(a)(1)(A); to the Committee on Ag- fense Program (FYDP) fully funds the sup- telecommunications entities, pursuant to riculture. port costs associated with the H–60 Public Law 100–626, section 9(a) (102 Stat. 4375. A letter from the Director, Office of multiyear program through the period cov- 3211); to the Committee on Commerce. Regulatory Management and Information, ered by the FYDP, pursuant to 10 U.S.C. 4397. A letter from the Acting General Environmental Protection Agency, transmit- 2306b(i)(1)(A); to the Committee on National Counsel, Department of Energy, transmit- ting the Agency’s final rule—Lambda- Security. ting the Department’s final rule—Energy cyhalothrin; Time-Limited Pesticide Toler- 4386. A letter from the Acting Comptroller Conservation Program for Consumer Prod- ance [OPP–300509; FRL–5728–8] (RIN: 2070– General, General Accounting Office, trans- ucts; Fluorescent and Incandescent Lamp AB78) received July 22, 1997, pursuant to 5 mitting a report entitled ‘‘FINANCIAL Test Procedures [Docket No. EE–RM–220–IF] U.S.C. 801(a)(1)(A); to the Committee on Ag- AUDIT: Panama Canal Commission’s 1996 (RIN: 1904–AA61) received July 11, 1997, pur- riculture. and 1995 Financial Statements’’ [GAO/AIMD– suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 4376. A letter from the Director, Office of 97–92] July 1997, pursuant to 31 U.S.C. 9106(a); tee on Commerce. Regulatory Management and Information, to the Committee on National Security. 4398. A letter from the Acting General Environmental Protection Agency, transmit- 4387. A letter from the Director, Adminis- Counsel, Department of Energy, transmit- ting the Agency’s final rule—Imidacloprid; tration and Management, Department of De- ting the Department’s final rule—Acquisi- Pesticide Tolerances for Emergency Exemp- fense, transmitting the Department’s final tion Regulations; Department of Energy tions [OPP–300511; FRL–5729–4] (RIN: 2070– rule—Civilian Health and Medical Program Management and Operating Contracts [1991– AB78) received July 22, 1997, pursuant to 5 of the Uniformed Services (CHAMPUS); Ex- AB–28] received July 22, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- tension of the Active Duty Dependents Den- U.S.C. 801(a)(1)(A); to the Committee on riculture. tal Plan to Overseas Areas [DoD 6010.8–R] Commerce. 4377. A letter from the Director, Office of (RIN: 0720–AA36) received July 23, 1997, pur- 4399. A letter from the Director, Office of Regulatory Management and Information, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Regulatory Management and Information, Environmental Protection Agency, transmit- tee on National Security. Environmental Protection Agency, transmit- ting the Agency’s final rule—Vinclozolin; 4388. A letter from the Director, Defense ting the Agency’s final rule—Revisions to Pesticide Tolerance [OPP–300507; FRL–5727–9] Procurement, Department of Defense, trans- Criteria for Municipal Solid Waste Landfills (RIN: 2070–AB78) received July 22, 1997, pur- mitting the Department’s final rule—Defense [FRL–5275–3; FRL–5865–3] (RIN: 2050–AE24) suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Federal Acquisition Regulation Supplement; received July 24, 1997, pursuant to 5 U.S.C. tee on Agriculture. Truth in Negotiations and Related Changes 801(a)(1)(A); to the Committee on Commerce. 4378. A letter from the Director, Office of [DFARS Case 95–D708] received July 25, 1997, 4400. A letter from the Director, Office of Regulatory Management and Information, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Regulatory Management and Information, Environmental Protection Agency, transmit- mittee on National Security. Environmental Protection Agency, transmit- ting the Agency’s final rule—Azoxystrobin; 4389. A letter from the Assistant Secretary ting the Agency’s final rule—Approval of Re- Pesticide Tolerances [OPP–300508; FRL–5728– for Legislative Affairs and Public Liaison, visions to the Tennessee SIP Regarding Pre- 3] (RIN: 2070–AB78) received July 22, 1997, Department of the Treasury, transmitting vention of Significant Deterioration and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the annual report of the National Advisory Volatile Organic Compounds [TN189–1– mittee on Agriculture. Council on International Monetary and Fi- 9730(b); TN194–1–9731(b); TN198–1–9732(b); 4379. A letter from the Director, Office of nancial Policies for fiscal year 1992, pursuant FRL–5859–7] received July 24, 1997, pursuant Regulatory Management and Information, to 22 U.S.C. 284b, 285b(b), 286b(b)(5), 286b–1, to 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- 286b–2(a), and 290i–3; to the Committee on Commerce. ting the Agency’s final rule—Fomesafen; Banking and Financial Services. 4401. A letter from the Director, Office of Pesticide Tolerances for Emergency Exemp- 4390. A letter from the Managing Director, Regulatory Management and Information, tions [OPP–300512; FRL–5729–5] (RIN: 2070– Federal Housing Finance Board, transmit- Environmental Protection Agency, transmit- AB78) received July 22, 1997, pursuant to 5 ting the Board’s final rule—Procedure for ting the Agency’s final rule—Approval and U.S.C. 801(a)(1)(A); to the Committee on Ag- Imposing Assessments on the FHLBanks Promulgation of Air Quality Implementa- riculture. [No. 97–42] (RIN: 3069–AA51) received July 23, tion Plans; Maryland; 15% Rate of Progress July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5915 Plan and Contingency Measures for the Cecil 4412. A letter from the Assistant Secretary Atmospheric Administration, transmitting County Nonattainment Area [MD 038–3016; for Legislative Affairs, Department of State, the Administration’s final rule—Fisheries FRL–5864–9] received July 24, 1997, pursuant transmitting certification of a proposed li- Off West Coast States and in the Western Pa- to 5 U.S.C. 801(a)(1)(A); to the Committee on cense for the export of defense articles or de- cific; Western Pacific Crustacean Fisheries; Commerce. fense services sold commercially to Turkey 1997 Closure [Docket No. 970612136–7136–01; 4402. A letter from the Director, Office of (Transmittal No. DTC–64–96), pursuant to 22 I.D. 071797B] received July 24, 1997, pursuant Regulatory Management and Information, U.S.C. 2776(c); to the Committee on Inter- to 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- national Relations. Resources. ting the Agency’s final rule—Approval and 4413. A letter from the Assistant Secretary 4424. A letter from the Deputy Assistant Promulgation of Implementation Plans; for Legislative Affairs, Department of State, Administrator for Fisheries, National Oce- Minnesota [MN44–01–7269a; FRL–5861–6] re- transmitting notification of a proposed man- anic and Atmospheric Administration, trans- ceived July 22, 1997, pursuant to 5 U.S.C. ufacturing license agreement for production mitting the Administration’s final rule— 801(a)(1)(A); to the Committee on Commerce. of major military equipment with Turkey Fisheries Off West Coast States and in the 4403. A letter from the Director, Office of (Transmittal No. DTC–61–97), pursuant to 22 Western Pacific; Western Pacific Crustacean Regulatory Management and Information, U.S.C. 2776(d); to the Committee on Inter- Fisheries; Vessel Monitoring System [Dock- Environmental Protection Agency, transmit- national Relations. et No. 970623152–7152–01; I.D. 061897A] (RIN: ting the Agency’s final rule—Clean Air Act 4414. A letter from the Assistant Secretary 0648–AJ57) received July 25, 1997, pursuant to Approval and Promulgation of State Imple- for Legislative Affairs, Department of State, 5 U.S.C. 801(a)(1)(A); to the Committee on mentation Plans; Vermont: PM10 Prevention transmitting notification of a proposed man- Resources. of Significant Deterioration Increments ufacturing license agreement for production 4425. A letter from the Assistant Attorney [VT–01–015–01–1217(a); A–1–FRL–5859–9] re- of major military equipment with Turkey General, Department of Justice, transmit- (Transmittal No. DTC–25–97), pursuant to 22 ceived July 22, 1997, pursuant to 5 U.S.C. ting the Department’s final rule—Final U.S.C. 2776(d); to the Committee on Inter- 801(a)(1)(A); to the Committee on Commerce. Guidelines for Megan’s Law and the Jacob national Relations. 4404. A letter from the Director, Office of Wetterling Crimes Against Children and Sex- Regulatory Management and Information, 4415. A letter from the Assistant Secretary for Legislative Affairs, Department of State, ually Violent Offender Registration Act Environmental Protection Agency, transmit- (RIN: 1105–AA50) received July 25, 1997, pur- ting the Agency’s final rule—Approval and transmitting certification of a proposed li- cense for the export of defense articles or de- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Promulgation of Implementation Plans Wis- tee on the Judiciary. consin [WI66–01–7242; FRL–5861–8] received fense services sold commercially to the Fed- eration of Bosnia and Herzegovina (Trans- 4426. A letter from the Director, Federal July 22, 1997, pursuant to 5 U.S.C. Bureau of Prisons, transmitting the Bureau’s 801(a)(1)(A); to the Committee on Commerce. mittal No. DTC–66–97), pursuant to 22 U.S.C. 2776(c); to the Committee on International final rule—Mandatory English-as-a-Second 4405. A letter from the AMD—Performance Language Program [BOP–1013–F] (RIN: 1120– Evaluation and Records Management, Fed- Relations. 4416. A letter from the Assistant Legal Ad- AA19) received July 24, 1997, pursuant to 5 eral Communications Commission, transmit- viser for Treaty Affairs, Department of U.S.C. 801(a)(1)(A); to the Committee on the ting the Commission’s final rule—Changes to State, transmitting copies of international Judiciary. the Board of Directors of the National Ex- agreements, other than treaties, entered into 4427. A letter from the Acting Assistant change Carrier Association, Inc.; Federal- by the United States, pursuant to 1 U.S.C. Secretary of the Army (Civil Works), Depart- State Joint Board on Universal Service [CC 112b(a); to the Committee on International ment of the Army, transmitting the Depart- Docket No. 97–21; CC Docket No. 96–45] re- Relations. ment’s final rule—Danger Zone, Pacific ceived July 25, 1997, pursuant to 5 U.S.C. 4417. A letter from the Administrator, U.S. Ocean, Naval Air Weapons Station, Point 801(a)(1)(A); to the Committee on Commerce. Agency for International Development, Mugu, Ventura County, California [33 CFR 4406. A letter from the Director, Office of transmitting the policy justification for a Part 334] received July 23, 1997, pursuant to Congressional Affairs, Nuclear Regulatory proposed transfer of funds from the Develop- 5 U.S.C. 801(a)(1)(A); to the Committee on Commission, transmitting the Commission’s ment Assistance account to the account for Transportation and Infrastructure. final rule—Radiological Criteria for License Operating Expenses of the U.S. Agency for 4428. A letter from the Director, Office of Termination (RIN: 3150–AD65) received July International Development, pursuant to sec- Regulatory Management and Information, 22, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tion 652 of the Foreign Assistance Act of Environmental Protection Agency, transmit- the Committee on Commerce. 1961; to the Committee on International Re- ting the Agency’s final rule—Streamlined 4407. A letter from the Secretary of Health lations. Procedures for Modifying Approved Publicly and Human Services, transmitting a report 4418. A letter from the Executive Director, Owned Treatment Works Pretreatment Pro- entitled ‘‘Performance Improvement 1997: Committee for Purchase from People Who grams [FRL–5859–8] (RIN: 2040–AC57) received Evaluation Activities of the U.S. Depart- Are Blind or Severely Disabled, transmitting July 22, 1997, pursuant to 5 U.S.C. ment of Health and Human Services,’’ pursu- the Committee’s final rule—Additions to the 801(a)(1)(A); to the Committee on Transpor- ant to section 241(b) of the Public Health Procurement List [97–014] received July 25, tation and Infrastructure. Service Act; to the Committee on Com- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4429. A letter from the Director, Office of merce. Committee on Government Reform and Regulations Management, Department of 4408. A letter from the Director, Defense Oversight. Veterans Affairs, transmitting the Depart- Security Assistance Agency, transmitting a 4419. A letter from the Director of Benefits, ment’s final rule—Veterans Education: Ap- copy of Transmittal No. 08–97 for U.S. in- Farm Credit Bank of Texas, transmitting the proval of Training by Independent Study, In- volvement in the NATO Tactical Commu- annual report for the Farm Credit Bank of cluding Television (RIN: 2900–AI34) received nications (TACOMS) in the Land Combat Texas Pension Plan for 1996, pursuant to 31 July 23, 1997, pursuant to 5 U.S.C. Zone Post-2000, pursuant to 22 U.S.C. 2767(f); U.S.C. 9503(a)(1)(B); to the Committee on 801(a)(1)(A); to the Committee on Veterans’ to the Committee on International Rela- Government Reform and Oversight. Affairs. tions. 4420. A letter from the Director, Office of 4430. A letter from the Secretary of Com- 4409. A letter from the Assistant Secretary Personnel Management, transmitting a re- merce, transmitting the Annual Report of for Legislative Affairs, Department of State, port on Physicians Comparability Allow- the Secretary of Commerce to the Congress transmitting certification of a proposed li- ances, pursuant to Public Law 103–114; to the for the fiscal year ending September 30, 1996, cense for the export of defense articles or de- Committee on Government Reform and pursuant to 15 U.S.C. 1519; jointly to the fense services sold commercially to Taiwan Oversight. Committees on Commerce, Ways and Means, (Transmittal No. DTC–83–97), pursuant to 22 4421. A letter from the Administrator, Government Reform and Oversight, the Judi- U.S.C. 2776(c); to the Committee on Inter- Small Business Administration, transmit- ciary, Science, Transportation and Infra- national Relations. ting the semiannual report on activities of structure, Banking and Financial Services, 4410. A letter from the Assistant Secretary the Inspector General for the period October and International Relations. for Legislative Affairs, Department of State, 1, 1996, through March 31, 1997, and the semi- transmitting certification of a proposed li- annual report of management on final ac- f cense for the export of defense articles or de- tions, pursuant to 5 U.S.C. app. (Insp. Gen. fense services sold commercially to Russia, Act) section 5(b); to the Committee on Gov- REPORTS OF COMMITTEES ON Ukraine and Norway (Transmittal No. DTC– ernment Reform and Oversight. PUBLIC BILLS AND RESOLUTIONS 16–97), pursuant to 22 U.S.C. 2776(c); to the 4422. A letter from the Acting Director, Under clause 2 of rule XIII, reports of Committee on International Relations. Fish and Wildlife Service, transmitting the committees were delivered to the Clerk 4411. A letter from the Assistant Secretary Service’s final rule—Endangered and Threat- for printing and reference to the proper for Legislative Affairs, Department of State, ened Wildlife and Plants; Final Rule for 13 transmitting certification of a proposed li- Plant Taxa from the Northern Channel Is- calendar, as follows: cense for the export of defense articles or de- lands, California (RIN: 1018–AD39) received Mr. GEKAS: Committee on the Judiciary. fense services sold commercially to Japan July 28, 1997, pursuant to 5 U.S.C. H.R. 1596. A bill to amend title 28, United (Transmittal No. DTC–43–97), pursuant to 22 801(a)(1)(A); to the Committee on Resources. States Code, to authorize the appointment of U.S.C. 2776(c); to the Committee on Inter- 4423. A letter from the Director, Office of additional bankruptcy judges, and for other national Relations. Sustainable Fisheries, National Oceanic and purposes (Rept. 105–208). Referred to the H5916 CONGRESSIONAL RECORD — HOUSE July 28, 1997

Committee of the Whole House on the State Nation must place greater emphasis on help- FARR of California, Mr. FOX OF Pennsylva- of the Union. ing young Americans to develop habits of nia, Mrs. CLAYTON, Mr. INGLIS of South Caro- Mr. YOUNG of Alaska: Committee on Re- good character that are essential to their lina, Mr. SNYDER, and Mr. COOKSEY. sources. H.R. 1855. A bill to establish a mora- own well-being and to that of our commu- H.R. 1063: Mr. LEWIS of Georgia and Mr. torium on large fishing vessels in Atlantic nities; to the Committee on Education and FRANKS of New Jersey. herring and mackerel fisheries; with an the Workforce. H.R. 1079: Ms. RIVERS, Mr. FALEOMAVAEGA, amendment (Rept. 105–209). Referred to the By Mr. PETERSON of Pennsylvania Mr. ALLEN, Mr. POSHARD, Mr. VISCLOSKY, Ms. Committee of the Whole House on the State (for himself, Mr. ENGLISH of Penn- VELA´ ZQUEZ, Mr. STRICKLAND, Mr. MCHALE, of the Union. sylvania, Mr. MURTHA, Mr. DOYLE, Mr. BARCIA of Michigan, Mr. FILNER, and Mr. Mr. SHUSTER: Committee on Transpor- and Mr. COYNE): UNDERWOOD. tation and Infrastructure. H.R. 29. A bill to H. Con. Res. 128. Concurrent resolution rec- H.R. 1140: Mr. BOYD. designate the Federal building located at 290 ognizing and honoring the crew members of H.R. 1159: Mr. DELLUMS. Broadway in New York, NY, as the ‘‘Ronald the U.S.S. Pittsburgh for their heroism in H.R. 1166: Mrs. THURMAN, Ms. SLAUGHTER, H. Brown Federal Building’’ (Rept. 105–210). March 1945 rendering aid and assistance to Mr. RUSH, Mr. CALVERT, Mr. DEUTSCH, and Referred to the House Calendar. the U.S.S. Franklin and its crew; to the Mr. RIGGS. Mr. SHUSTER: Committee on Transpor- Committee on National Security. H.R. 1175: Mr. KIM. tation and Infrastructure. H.R. 824. A bill to By Mr. DINGELL (for himself, Mr. H.R. 1283: Mr. ADAM SMITH of Washington. redesignate the Federal building located at MARKEY, and Ms. LOFGREN): H.R. 1289: Mr. JEFFERSON, Mr. MATSUI, Mr. 717 Madison Place, NW., in the District of H. Res. 200. Resolution expressing the sense KILDEE, Mr. FOLEY, and Mr. NEAL of Massa- Columbia, as the ‘‘Howard T. Markey Na- of the House of Representatives that the chusetts. tional Courts Building’’ (Rept. 105–211). Re- Federal Government should not withhold H.R. 1311: Mr. LEWIS of Georgia. ferred to the House Calendar. universal service support payments; to the H.R. 1329: Ms. CARSON. Mr. SHUSTER: Committee on Transpor- Committee on Commerce. H.R. 1349: Mr. LEWIS of Georgia. tation and Infrastructure. H.R. 1851. A bill to H.R. 1355: Mr. LEWIS of Georgia. f designate the U.S. courthouse located at 200 H.R. 1356: Mr. FRANK of Massachusetts and South Washington Street in Alexandria, VA, MEMORIALS Mr. SMITH of Oregon. as the ‘‘Martin V. B. Bostetter, Jr. United H.R. 1357: Mr. FRANK of Massachusetts. States Courthouse’’ (Rept. 105–212). Referred Under clause 4 of rule XXII, memori- H.R. 1363: Mr. DAVIS of Illinois, Mr. BROWN to the House Calendar. als were presented and referred as fol- of California, Ms. LOFGREN, and Mr. DEL- Mr. GOSS: Committee on Rules. House lows: LUMS. Resolution 198. Resolution providing for con- H.R. 1364: Mr. DAVIS of Illinois, Mr. BROWN 156. The SPEAKER presented a memorial sideration of the bill (H.R. 2266) making ap- of California, Ms. LOFGREN, and Mr. DEL- of the Senate of the State of Nevada, relative propriations for the Department of Defense LUMS. to Senate Joint Resolution No. 18 urging for the fiscal year ending September 30, 1998, H.R. 1398: Mr. WOLF and Mr. BURTON of In- Congress to reform the Food and Drug Ad- and for other purposes (Rept. 105–213). Re- diana. ministration to ensure that health care prod- ferred to the House Calendar. H.R. 1410: Mrs. KELLY. ucts, therapies and cures are available to the Mr. DREIER: Committee on Rules. House H.R. 1425: Mr. LEWIS of Georgia. public in a timely manner; to the Committee Resolution 199. Resolution providing for the H.R. 1428: Mr. SHAW. on Commerce. consideration of the bill (H.R. 2264) making H.R. 1437: Mr. ROTHMAN. 157. Also, a memorial of the Senate of the appropriations for the Departments of Labor, H.R. 1450: Mr. MANTON. State of Nevada, relative to Senate Joint Health and Human Services, and Education, H.R. 1524: Mr. BARR of Georgia. Resolution No. 16 urging interested public and related agencies, for the fiscal year end- H.R. 1542: Mr. ENSIGN, Mr. CALVERT, and and private entities to work cooperatively ing September 30, 1998, and for other pur- Mr. BOYD. for the establishment and operation of public poses (Rept. 105–214). Referred to the House H.R. 1596: Mr. KIM. shooting ranges and recreational facilities in Calendar. H.R. 1616: Mr. WAXMAN, Mr. RUSH, Mrs. Clark County, Nevada; to the Committee on CLAYTON, and Mr. FILNER. f Resources. H.R. 1628: Mr. WEYGAND, Mr. KENNEDY of 158. Also, a memorial of the Senate of the PUBLIC BILLS AND RESOLUTIONS Rhode Island, Mr. MCGOVERN, and Mr. CAL- State of Nevada, relative to Senate Joint VERT. Under clause 5 of Rule X and clause 4 Resolution No. 13 urging Congress to provide H.R. 1665: Mr. STUMP, Mr. BARRETT of Wis- of Rule XXII, public bills and resolu- for a bridge with four traffic lanes to serve consin, and Mr. FILNER. tions were introduced and severally re- as a bypass to the existing highway over H.R. 1679: Mr. MURTHA. Hoover Dam; to the Committee on Transpor- ferred, as follows: H.R. 1766: Mr. STENHOLM. tation and Infrastructure. By Mr. SANDERS: H.R. 1773: Mr. STENHOLM. H.R. 2278. A bill to amend the Fair Labor f H.R. 1799: Mr. MCHUGH and Mr. NEY. Standards Act of 1938 to increase the mini- H.R. 1836: Mr. GILMAN and Mr. SOUDER. mum wage and to provide for an increase in ADDITIONAL SPONSORS H.R. 1880: Mr. PASCRELL, Mr. PETRI, and such wage based on the cost of living; to the Under clause 4 of rule XXII, sponsors Mrs. MINK of Hawaii. Committee on Education and the Workforce. were added to public bills and resolu- H.R. 1885: Mr. BORSKI. By Mr. SANDERS (for himself, Mr. H.R. 1903: Mr. BARCIA of Michigan and Mr. tions as follows: LEWIS of Georgia, Mr. HILLIARD, Ms. CAPPS. NORTON, Mr. OWENS, Mr. BARRETT of H.R. 15: Mr. TURNER. H.R. 1913: Mr. SNYDER and Mr. KANJORSKI. Wisconsin, Ms. FURSE, Ms. EDDIE H.R. 26: Mr. LUCAS of Oklahoma, Mr. H.R. 2072: Mr. BARTON of Texas, Mr. SMITH BERNICE JOHNSON of Texas, and Ms. GEKAS, Mr. OBERSTAR, Mr. CHRISTENSEN, Mr. of Texas, and Mr. FROST. WOOLSEY): PETRI, Mrs. EMERSON, and Mr. LOBIONDO. H.R. 2103: Mr. RYUN. H.R. 2279. A bill to amend title 10, United H.R. 40: Mr. WATT of North Carolina. H.R. 2112: Mr. MURTHA. States Code, to establish limitations on tax- H.R. 55: Mr. LAZIO of New York and Mrs. H.R. 2116: Mr. VENTO, Mrs. MALONEY of New payer-financed compensation for defense MCCARTHY of New York. York, Mr. RANGEL, Mr. SPRATT, Mr. MAR- contractors; to the Committee on National H.R. 58: Mr. TURNER and Mr. FOX of Penn- TINEZ, Mr. DAVIS of Illinois, Mr. WATTS of Security. sylvania. Oklahoma, Mr. DAN SCHAEFER of Colorado, H.R. 2280. A bill to establish limitations on H.R. 291: Ms. KILPATRICK, Mr. GONZALEZ, and Mr. SAWYER. the ability of a Federal agency to pay a con- Mr. JACKSON, Mr. OBERSTAR, Mr. MCGOVERN, H.R. 2129: Ms. EDDIE BERNICE JOHNSON of tractor under a contract with the agency for Ms. EDDIE BERNICE JOHNSON of Texas, Mr. Texas, Mr. COSTELLO, Mr. SABO, Mr. STOKES, the costs of compensation with respect to GUTIERREZ, Mr. MCDERMOTT, Mr. WYNN, Ms. Mr. PORTMAN, Mr. COLLINS, and Mr. GILLMOR. the services of any individual; to the Com- MILLENDER-MCDONALD, and Mr. BECERRA. H.R. 2135: Mr. VISCLOSKY, Mr. UNDERWOOD, mittee on Government Reform and Over- H.R. 648: Ms. RIVERS. and Mr. EVANS. sight, and in addition to the Committee on H.R. 693: Mr. SESSIONS. H.R. 2162: Mr. GOODE, Mr. STUMP, and Mr. National Security, for a period to be subse- H.R. 715: Mr. MCCOLLUM and Ms. SANCHEZ. CRAPO. quently determined by the Speaker, in each H.R. 836: Mrs. THURMAN. H.R. 2174: Mrs. KELLY, Mr. MENENDEZ, and case for consideration of such provisions as H.R. 859: Mr. CANADY of Florida. Mr. ACKERMAN. fall within the jurisdiction of the committee H.R. 922: Mr. GUTKNECHT. H.R. 2198: Mrs. MINK of Hawaii. concerned. H.R. 923: Mr. GUTKNECHT. H.R. 2221: Mr. BURTON of Indiana. By Mr. CLEMENT (for himself, Mr. H.R. 983: Mr. BONIOR. H.R. 2263: Mr. STENHOLM. DUNCAN, Mr. ETHERIDGE, Mr. HALL of H.R. 1049: Mr. LEWIS of Georgia. H.J. Res. 78: Mr. BEREUTER and Mr. DAN Ohio, Mr. WOLF, Ms. LOFGREN, and H.R. 1059: Mr. HOEKSTRA and Mr. WELDON SCHAEFER of Colorado. Mr. SMITH of New Jersey): of Florida. H. Con. Res. 6: Mr. LAFALCE and Ms. ROY- H. Con. Res. 127. Concurrent resolution ex- H.R. 1060: Mr. METCALF, Mr. GORDON, Mr. BAL-ALLARD. pressing the sense of the Congress that the GREEN, Mr. KLINK, Mr. JOHN, Mr. WHITE, Mr. H. Con. Res. 55: Mr. KIM. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5917

H. Con. Res. 80: Mrs. KENNELLY of Con- quired by paragraph (1) or (2) with respect to In the item relating to ‘‘DEPARTMENT necticut, Mr. BLUMENAUER, Mr. SKAGGS, Mr. a fiscal year, the funds appropriated for the OF EDUCATION—SPECIAL EDUCATION’’, after YATES, and Mr. KIM. UNFPA for such fiscal year shall be trans- the each of the 2 dollar amounts, insert the H. Con. Res. 98: Mrs. EMERSON. ferred to the Agency for International Devel- following: ‘‘(increased by $155,526,000)’’. H. Con. Res. 124: Mr. MILLER of California opment for population planning activities or In the item relating to ‘‘DEPARTMENT and Mr. DICKS. other population assistance.’’. OF EDUCATION—HIGHER EDUCATION’’, after H. Res. 37: Ms. WOOLSEY. H.R. 2159 the first dollar amount, insert the following: H. Res. 131: Ms. HOOLEY of Oregon. ‘‘(reduced by $6,900,000)’’. OFFERED BY: MR. PITTS H. Res. 170: Mr. CALVERT and Ms. WOOLSEY. In the item relating to ‘‘DEPARTMENT AMENDMENT NO. 68: Page 6, line 3, after H. Res. 171: Mr. CASTLE, Mr. MILLER of OF EDUCATION—EDUCATION RESEARCH, STA- ‘‘$650,000,000’’ insert ‘‘(increased by California, Mr. MARTINEZ, and Mr. ROTHMAN. TISTICS, AND IMPROVEMENT’’— $100,000,000)’’. (1) after the first dollar amount, insert the f Page 6, line 24, after ‘‘$1,167,000,000’’ insert following: ‘‘(reduced by $113,626,000)’’; and ‘‘(decreased by $100,000,000)’’. AMENDMENTS (2) after the second dollar amount, insert Page 52, line 4, after ‘‘$385,000,000’’ insert the following: ‘‘(reduced by $50,000,000)’’. ‘‘(decreased by $100,000,000)’’. Under clause 6 of rule XXIII, pro- H.R. 2264 posed amendments were submitted as H.R. 2159 OFFERED BY: MR. GOODLING follows: OFFERED BY: MS. ROS-LEHTINEN AMENDMENT NO. 5: At the end of the bill, AMENDMENT NO. 69: At the end of the bill, H.R. 2159 insert after the last section (preceding the insert after the last section (preceding the OFFERED BY: MR. CAMPBELL short title) the following new section: short title) the following new section: SEC. . (a) PROHIBITION OF FUNDS FOR NA- AMENDMENT NO. 63: Page 13, line 4, after SEC. 572. None of the funds appropriated or TIONAL TESTING IN READING AND MATHE- ‘‘$2,400,000,000’’ insert ‘‘(reduced by otherwise made available by this Act may be MATICS.—None of the funds made available in $50,000,000)’’. made available to any Caribbean Basin Ini- this Act may be used to develop, plan, imple- Page 25, line 4, after ‘‘$650,000,000’’ insert tiative country if such country offers provi- ment, or administer any national testing ‘‘(increased by $50,000,000)’’. sional, permanent, or any other form of program in reading or mathematics. H.R. 2159 membership to the Government of Cuba into (b) EXCEPTIONS.—Subsection (a) shall not CARICOM. OFFERED BY: MR. FOX apply to the following: AMENDMENT NO. 64: Page 1, strike line 1 H.R. 2159 (1) The National Assessment of Edu- and all that follows and insert the following: OFFERED BY: MS. ROS-LEHTINEN cational Progress carried out under sections SEC. 572. None of the funds made available AMENDMENT NO. 70: At the end of the bill, 411 through 413 of the Improving America’s under the heading ‘‘DEVELOPMENT ASSIST- insert after the last section (preceding the Schools Act of 1994 (20 U.S.C. 9010–9012). ANCE’’ may be used to directly support or short title) the following new section: (2) The Third International Math and promote trophy hunting or the international SEC. 572. (a) LIMITATION.—None of the funds Science Study (TIMSS). commercial trade in elephant ivory, ele- appropriated or otherwise made available by H.R. 2264 phant hides, or rhinoceros horns. this Act may be provided to any foreign gov- OFFERED BY: MR. KENNEDY OF H.R. 2159 ernment that provides assistance for, or en- MASSACHUSETTS gages in nonmarket-based trade with, the OFFERED BY: MR. FOX Government of Cuba. AMENDMENT NO. 6: Page 44, line 5, after the dollar amount, insert the following: ‘‘(in- AMENDMENT NO. 65: Page 1, beginning on (b) WAIVER.—The President may waive the line 10, strike ‘‘to directly finance’’ and all requirements of subsection (a) with respect creased by $14,045,000)’’. that follows through ‘‘Species Act’’ on line to a foreign government if the President cer- Page 73, line 15, after the first dollar 14 and insert the following: ‘‘to directly sup- tifies to the Committee on International Re- amount, insert the following ‘‘(reduced by port or promote trophy hunting or the inter- lations of the House of Representatives and $14,045,000)’’. national commercial trade in elephant ivory, the Committee on Foreign Relations of the HR 2264 elephant hides, or rhinoceros horns’’. Senate that it is vital to the national secu- OFFERED BY: MR. NADLER H.R. 2159 rity of the United States to do so. AMENDMENT NO. 7: At the end of Title II, OFFERED BY: MR. FOX H.R. 2264 insert after the last section (preceding the AMENDMENT NO. 66: Page 30, line 23, insert OFFERED BY: MR. DEFAZIO short title) the following section: after ‘‘Act’’ the following: AMENDMENT NO. 1: Page 43, after line 13, in- ‘‘SEC. 213. (a) No funds made available under this Act may be used under Title XI, : Provided further, That, of the funds appro- sert the following: XVIII or XIX of the Social Security Act to priated by this paragraph, $51,100,000 shall be COMMUNITY-BASED FAMILY RESOURCE AND pay any insurer if such insurer— available for the program established under SUPPORT (INCLUDING TRANSFERS OF FUNDS) ‘‘(1) offers monetary rewards or penalties, section 203(a) of Public Law 103–447 For carrying out title II of the Child Abuse or other inducements to a licensed health Page 81, line 12, insert after ‘‘maturities’’ Prevention and Treatment Act (42 U.S.C. care professional to influence his or her deci- the following: 5116 et seq.) as amended by section 121 of the sion as to what constitutes medically nec- : Provided further, That, of the funds appro- Child Abuse Prevention and Treatment Act essary and appropriate treatments, tests, priated by this paragraph for the cost of di- Amendments of 1996 (Pub. L. 104–235), to be procedures or services; or rect loans, $20,000,000 shall be available for derived from amounts provided in this title ‘‘(2) conditions initial or continued partici- the program established under section 203(a) for ‘‘National Institutes of Health’’ (consist- pation of the health care professional in a of Public Law 103–447 ing of $10,835,000 from ‘‘Office of the Direc- health insurance plan on the basis of the H.R. 2159 tor’’ and $23,000,000 from ‘‘Buildings and Fa- health care professional’s decisions as to cilities’’), $33,835,000. OFFERED BY: MR. GILMAN what constitutes medically necessary and H.R. 2264 appropriate treatments, tests, procedures or AMENDMENT NO. 67: In the matter proposed OFFERED BY: MR. ENGEL services. to be inserted by the amendment as a new ‘‘(b) For the purposes of this section, the AMENDMENT NO. 2: Page 74, line 3, after the subsection (h) of section 104 of the Foreign term ‘‘insurer’’ means an insurance com- Assistance Act of 1961— dollar amount insert ‘‘(increased by $100,000)’’. pany, insurance service, or insurance organi- (1) in paragraph (1)(B), insert before the pe- zation licensed to engage in the business of riod at the end the following: ‘‘, or to organi- H.R. 2264 insurance in a State, a health maintenance zations that do not promote abortion as a OFFERED BY: MR. EVANS organization, a preferred provider organiza- method of family planning and that utilize AMENDMENT NO. 3: Page 2, line 15, after tion, and a provider sponsored organization. these funds to prevent abortion as a method ‘‘reimbursements,’’ insert ‘‘of which ‘‘(c) For the purposes of this section, the of family planning’’; and $10,000,000 shall be available for purposes of term ‘‘health care professional’’ means a (2) in paragraph (2)(A), strike ‘‘or engage’’ carrying out section 738 of the Stewart B. physician or other health care practitioner and insert the following: ‘‘or (except in the McKinney Homeless Assistance Act (relating licensed, accredited or certified to perform case of organizations that do not promote to homeless veterans’ reintegration specified health services consistent with abortion as a method of family planning and projects);’’ State law. that utilize these funds to prevent abortion as a method of family planning) engage’’. H.R. 2264 HR 2264 In the matter proposed to be inserted by OFFERED BY: MR. GOODLING OFFERED BY: MR. NADLER the amendment as a new subsection (i) of AMENDMENT NO. 4: In the item relating to AMENDMENT NO. 8: At the end of Title II, section 301 of the Foreign Assistance Act of ‘‘DEPARTMENT OF EDUCATION—EDU- insert after the last section (preceding the 1961, insert before the quotation marks at CATION REFORM’’, after the first dollar short title) the following section: the end the following sentence. ‘‘If the Presi- amount, insert the following: ‘‘(reduced by ‘‘SEC. 213. (a) No funds made available dent is unable to make the certification re- $35,000,000)’’. under this Act may be used under Title XI, H5918 CONGRESSIONAL RECORD — HOUSE July 28, 1997

XVIII or XIX of the Social Security Act to TERS FOR DISEASE CONTROL AND PREVEN- Page 18, line 9, insert after the dollar pay any insurer unless under health care TION—DISEASE CONTROL, RESEARCH, AND amount the following: ‘‘(increased by coverage provided by such insurer— TRAINING’’ is increased by the amount de- $25,000,000)’’. ‘‘(1) the determination of what is medically rived through the following amendment: H.R. 2266 necessary and appropriate within the mean- Section 510(d) of the Social Security Act is OFFERED BY: MR. DEFAZIO ing of the insurance contract is made only amended by striking ‘‘1998’’ and inserting AMENDMENT NO. 3: Page 9, line 19, insert by the treating health care professional in ‘‘1999’’. after the dollar amount the following: ‘‘(re- consultation with the patient; and H.R. 2264 ‘‘(2) the insurer covers the full cost of all duced by $15,000,000)’’. treatment, tests, procedures and services OFFERED BY: MS. PELOSI Page 32, line 25, insert after the dollar deemed to be medically necessary and appro- AMENDMENT NO. 11: At the end of title , amount the following: ‘‘(increased by priate by the treating health care profes- insert after the last section (preceding the $15,000,000)’’. sional in consultation with the patient, sub- short title) the following section: H.R. 2266 ject to any deductibles, co-payments, or per- SEC. . Section 510(c) of the Social Secu- OFFERED BY: MR. KENNEDY OF centage limitations provided in the insur- rity Act is amended by adding at the end the MASSACHUSETTS ance contract. following: AMENDMENT NO. 4: Page 100, after line 15, ‘‘(b) For the purposes of this section, the ‘‘(3) The Secretary may accept an applica- insert the following new section: term ‘‘insurer’’ means an insurance com- tion from a State for a allotment under sub- SEC. 8103. (a) None of the funds appro- pany, insurance service, or insurance organi- section (a) only if the application is submit- priated or otherwise made available by this zation licensed to engage in the business of ted by the State health agency responsible Act for the Department of Defense specimen insurance in a State, a health maintenance for the administration, or supervision of the repository described in subsection (b) may be organization, a preferred provider organiza- administration, of the State program carried used for any purpose except in accordance tion, and a provider sponsored organization. out with allotments under section 502(c) (re- with the requirement in paragraph numbered ‘‘(c) For the purposes of this section, the lating to the maternal and child health 3 of the covered Department of Defense pol- term ‘‘treating health care professional’’ servcies block grant); only if the programs icy memorandum that specifically provides means a physician or other health care prac- carried out with the allotment under sub- that permissible uses of specimen samples in titioner licensed, accredited or certified to section (a) provide information that is recog- the repository are limited to the following perform specified health services consistent nized as medically accurate and relevant; purposes: with State law, who is personally and di- only if the funds from such allotment are (1) Identification of human remains. rectly involved in the care of said patient. dispersed at the discretion of the chief exec- (2) Internal quality assurance activities to ‘‘(d) Nothing in this paragraph shall be utive officer of the State (except to the ex- validate processes for collection, mainte- construed as requiring the provision of cov- tent inconsistent with the law of the State, nance and analysis of samples. erage for benefits not otherwise covered. including applicable judicial precedents); and (3) A purpose for which the donor of the HR 2264 only if the application is developed by or in sample (or surviving next-of-kin) provides consultation with the State agency for ma- consent. OFFERED BY: MR. NADLER ternal and child health.’’. (4) As compelled by other applicable law in AMENDMENT NO. 9: At the end of Title II, H.R. 2264 a case in which all of the following condi- insert after the last section (preceding the tions are present: OFFERED BY: MR. RIGGS short title) the following section: (A) The responsible Department of Defense ‘‘SEC. 213. (a) No funds made available AMENDMENT NO. 12: In the item relating to official has received a proper judicial order under this Act may be used under Title XI, ‘‘DEPARTMENT OF EDUCATION—EDU- or judicial authorization. XVIII or XIX of the Social Security Act to CATION REFORM’’, after the first dollar (B) The specimen sample is needed for the pay any insurer if— amount, insert the following: ‘‘(reduced by investigation or prosecution of a crime pun- ‘‘(1) the provisions of any contract or $25,000,000)’’. ishable by one year or more of confinement. agreement, or the operation of any contract In the item relating to ‘‘DEPARTMENT (C) No reasonable alternative means for or agreement, between such insurer and a OF EDUCATION—SCHOOL IMPROVEMENT PRO- obtaining a specimen for DNA profile analy- health care professional prohibit or restrict GRAMS’’, after the first dollar amount, insert sis is available. the health care professional from engaging the following: ‘‘(increased by $25,000,000)’’. (b) The specimen repository referred to in in medical communication with his or her H.R. 2264 subsection (a) is the repository that was es- patient; or tablished pursuant to Deputy Secretary of OFFERED BY: MR. RIGGS ‘‘(2) such insurer penalizes (through con- Defense Memorandum 47803, dated December tract termination, financial penalty or oth- AMENDMENT NO. 13: In the item relating to 16, 1991, and designated as the ‘‘Armed erwise) a health care professional for engag- ‘‘DEPARTMENT OF EDUCATION—EDU- Forces Repository of Specimen Samples for ing in medical communication with his or CATION REFORM’’, after the first dollar the Identification of Remains’’ by paragraph her patient. amount, insert the following: ‘‘(reduced by numbered 4 in the covered Department of De- ‘‘(b) For the purposes of this section, the $10,000,000)’’. fense policy memorandum. term ‘‘medical communication’’ means a In the item relating to ‘‘DEPARTMENT (c) For purposes of this section, the cov- communication made by a health care pro- OF EDUCATION—SCHOOL IMPROVEMENT PRO- ered Department of Defense policy memoran- vider with a patient of the health care pro- GRAMS’’, after the first dollar amount, insert dum is the memorandum of the Assistant vider (or the guardian or legal representative the following: ‘‘(increased by $10,000,000)’’. Secretary of Defense (Health Affairs) for the of the patient) with respect to— H.R. 2264 Secretary of the Army, dated April 2, 1996, ‘‘(1) the patient’s health status, medical OFFERED BY: MR. RIGGS issued pursuant to law which states as its care, or legal treatment options; subject ‘‘Policy Refinements for the Armed ‘‘(2) any utilization review requirements AMENDMENT NO. 14: At the end of the bill, insert after the last section (preceding the Forces Repository of Specimen Samples for that may affect treatment options for the the Identification of Remains’’. patient; or short title) the following new section: ‘‘(3) any financial incentives or penalties SEC. . (a) LIMITATION ON PENALTIES UNDER H.R. 2266 that may affect the treatment of the patient. IDEA.—None of the funds made available in OFFERED BY: MR. NADLER ‘‘(c) For the purposes of this section, the this Act may be used by the Department of AMENDMENT NO. 5. Page 32, line 11, after term ‘‘insurer’’ means an insurance com- Education to investigate, or to impose, ad- the dollar amount, insert the following: ‘‘(re- pany, insurance service, or insurance organi- minister, or enforce any penalty, sanction, duced by $420,000,000)’’. zation licensed to engage in the business of or remedy for, a State’s election not to pro- H.R. 2266 insurance in a State, a health maintenance vide special education and related services OFFERED BY: MR. NADLER organization, a preferred provider organiza- under the Individuals with Disabilities Edu- tion, and a provider sponsored organization. cation Act (20 U.S.C. 1400 et seq.) to individ- AMENDMENT NO. 6: At the end of the bill, ‘‘(d) For the purposes of this section, the uals who are 18 years of age or older and are insert after the last section (preceding the term ‘‘health care professional’’ means a incarcerated in adult State prisons. short title) the following new section: physician or other health care practitioner (b) EXCEPTION.—Subsection (a) shall not SEC. 8103. (a) LIMITATION ON USE OF licensed, accredited or certified to perform apply to any withholding of financial assist- FUNDS.—Of the funds appropriated in this specified health services consistent with ance to a State by the Department of Edu- Act under the heading ‘‘RESEARCH, DEVELOP- State law. cation pursuant to the Individuals with Dis- MENT, TEST AND EVALUATION, AIR FORCE’’, not more than $1,651,000,000 shall be available H.R. 2264 abilities Education Act (20 U.S.C. 1400 et seq.). for engineering and manufacturing develop- OFFERED BY: MS. PELOSI ment of the F–22 aircraft program. H.R. 2266 AMENDMENT NO. 10: At the end of title II, (b) CORRESPONDING REDUCTION IN FUNDS.— insert after the last section (preceding the OFFERED BY: MR. DEFAZIO The amount otherwise provided by this Act short title) the following section: AMENDMENT NO. 2: Page 9, line 19, insert for ‘‘RESEARCH, DEVELOPMENT, TEST AND SEC. . The amount otherwise made avail- after the dollar amount the following: ‘‘(re- EVALUATION, AIR FORCE’’, is hereby reduced able in this title under the heading ‘‘CEN- duced by $25,000,000)’’. by $420,000,000. July 28, 1997 CONGRESSIONAL RECORD — HOUSE H5919 H.R. 2266 H.R. 2266 were separated or otherwise adversely af- OFFERED BY: MR. SANDERS fected by the business combination, and OFFERED BY: MR. SANDERS AMENDMENT NO. 8: Page 87, after line 18, in- H.R. 2266 AMENDMENT NO. 7: Page 9, line 19, insert sert the following new paragraph (and redes- OFFERED BY: MR. SHAYS after the dollar amount the following: ‘‘(in- ignate the subsequent paragraph accord- AMENDMENT NO. 9: Page 100, after line 15, creased by $2,000,000)’’. ingly): (3) not less than 50 percent of the allowable insert the following new section: Page 32, line 11, insert after the dollar costs for which reimbursement is provided SEC. . The total amount obligated from amount the following: ‘‘(reduced by are directly related to services and benefits new budget authority provided in this Act $2,000,000)’’. for employees of a defense contractor who may not exceed $244,046,478,000. 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, MONDAY, JULY 28, 1997 No. 108 Senate The Senate met at 12 noon, and was Under the provisions of rule I, section 3, of This legislation has been pending in called to order by the Honorable CHUCK the Standing Rules of the Senate, I hereby the Senate both last year and this HAGEL, a Senator from the State of Ne- appoint the Honorable CHUCK HAGEL, a Sen- year. The chairman of the committee braska. ator from the State of Nebraska, to perform the duties of the Chair. of education and labor has reported that bill out. Negotiations have been PRAYER STROM THURMOND, President pro tempore. underway with a number of Senators, The Chaplain, Dr. Lloyd John f including Senator MACK, Senator Ogilvie, offered the following prayer: FRIST, Senator KENNEDY, and I pre- Almighty God, source of enabling RECOGNITION OF THE MAJORITY sume Senator DURBIN, and I thought strength, we thank You that You have LEADER that all had come to resolution. But it promised that, ‘‘As your days so shall The ACTING PRESIDENT pro tem- appears now that we will not be able to your strength be.’’ As we begin a new pore. The Senate majority leader. go forward with it at this time. But we week it is a source of both comfort and f will continue to look for an oppor- courage that You will be with us to tunity to get that done this week. provide power to finish the work to be SCHEDULE accomplished before the August recess. Mr. LOTT. Mr. President, for the in- As all Senators are aware, this is the Help us to trust You each step of the formation of all Senators, it is my hope last week of legislative business prior way, hour by hour, issue after issue. that the Senate will be able to make a to the August adjournment for our Free us to live each moment to the great deal of progress this week. We State work periods. There are a num- fullest. We commit to Your care any have a number of votes that already ber of important issues that will be personal worries that might cripple our have been agreed to and we have sev- considered this week, including the effectiveness. Bless the negotiations eral bills that we may be able to con- conference reports on the budget, Bal- with the administration on tax and sider before the week is out. anced Budget Act of 1997, and the Tax spending bills. We ask that agreement Today it had been my understanding Relief Act. I get a lot of inquiries about may be reached. that we would be able to begin consid- that, will we do it or not? Have we Father, be with the Senators. Re- eration of S. 830, the Food and Drug place rivalry with resilience, party reached an agreement with the admin- Administration reform bill. I under- istration or not? prejudice with patriotism, weariness stand that there would be an objection with well-being, anxiety with assur- to proceeding to that measure at this Negotiations continue; they contin- ance, and caution with courage. We time. I certainly regret that. I don’t ued throughout the weekend. There claim that magnificent promise understand why that is the case. I had were communications on Friday, meet- through Isaiah, ‘‘But those who wait on been told on Friday that, after a lot of ings on Saturday, a number of commu- the Lord shall renew their strength; laborious negotiations, agreement had nications back and forth between the they shall mount up with wings of ea- been reached. Congress and the administration all gles, they shall run and not be weary, Certainly we need to pass this legis- through the day yesterday, all the way they shall walk and not faint.’’—Is. lation. There are very few organiza- up until about 9:15 or 9:30 last night, 40:31. May it be so for the Senators all tions in this city that are more in need and there are negotiations underway through this week. In the name of the of reform than the FDA which, for now with the exchange of paperwork as Lord and Saviour. Amen. years, has been bureaucratic; it has to exactly what these issues may f been dilatory; it has delayed access for mean. Some of them are pretty com- APPOINTMENT OF ACTING the American people to medical proce- plicated, in terms of the formulas that PRESIDENT PRO TEMPORE dures that clearly should have been ap- will be used—how do you define a bene- The PRESIDING OFFICER. The proved earlier, that are available in fits package where the States and the clerk will please read a communication other countries, including Great Brit- Governors and the legislators have the to the Senate from the President pro ain; they delayed approval of drugs maximum flexibility in providing the that could mean a great deal of com- tempore [Mr. THURMOND]. services for the needs of the children in fort to Americans. At the same time, The legislative clerk read the follow- their respective States? But I would ing letter: they have been over trying to push into other areas where they really have no have to say, I think we are very close. U.S. SENATE, I continue to be relatively optimistic. PRESIDENT PRO TEMPORE, business. So, to say the least, I have a Washington, DC, July 28, 1997. very low regard for the FDA, and they I must say, this agreement on both To the Senate: are long overdue for reform. the spending bill and the tax relief

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

S8161 S8162 CONGRESSIONAL RECORD — SENATE July 28, 1997 package is worth having. I hope we will We hope to get that done this week. I that we have a chance, when this bill continue to try to come to a conclusion would be glad to hear his impressions comes to the floor, to actually address today, if at all possible. of how we are going to do that. them and perhaps, in the quiet of an We will be completing work also this Mr. JEFFORDS. Mr. President, I off-the-floor conversation, we may week on the Commerce, State, Justice would be happy to enlighten the body come to an agreement on each of these appropriations bill as well as the De- as to where we stand. It is my under- items that I would like to discuss. But partment of Transportation appropria- standing we have an agreement. How- I salute him for the hard work which tions bill. ever, it appears an objection will be he has done in a bipartisan fashion to Previous agreement was entered into raised if we try to move forward at this bring this matter to the floor. also last week to complete action on S. time. So, I would just alert everyone It is my understanding, perhaps the 39, the tuna-dolphin bill, early this that I believe we have an agreement Senator from Vermont could enlighten week. So we expect that sometime in and that we will be able to move for- us, that the bill itself was not ready for the next 2 days we will have a 30- ward this week. consideration, was actually in draft minute time for debate and possibly a There are, as is always the case when form for Members’ offices to read, until recorded vote, but a vote of some sort you go to bring a measure forward, this weekend. And, if that is the case, on the compromise that was worked people who decide suddenly they want although I would like to see us move out on that issue last Friday. to be involved in the process. We will on it this week, I’m sure we would all At 5 p.m. this afternoon, the Senate try to accommodate them. I know like at least a few moments to go will begin consideration of the Trans- there are several Members who are out through it and to reflect on the dif- portation appropriations bill. We hope of the country right now and will be ferent changes that are proposed and to get most of the work done on that back later today. So, I don’t intend to the impact that they would have on appropriations bill tonight, done to- call up the FDA Act at this time, but this important agency. night. There will be no rollcall votes I will, with the indulgence of the Presi- Mr. JEFFORDS. If the Senator will today. dent, move forward, I suppose as in yield? Tomorrow morning the Senate will morning business, and discuss where Mr. DURBIN. I would be happy to be scheduled to have a series of votes, we are on the bill. yield for a question. or we were scheduled to have a series of f Mr. JEFFORDS. The bill itself has votes with debate beginning at 8:30 and MORNING BUSINESS been ready for about a month and has votes occurring, I believe, beginning at been under examination for a month. 9:30, on the Commerce, State, Justice The ACTING PRESIDENT pro tem- In order to be able to proceed most effi- appropriations bill, but we understand pore. If there is no objection, there will ciently and effectively in the amend- that there is a memorial service for now be a period of morning business. ment process, we have been working The Senator from Illinois. Justice Brennan that will be held on with Members—and you have asked us Tuesday morning, so it may be nec- f to do so today—to take into consider- essary to delay these votes and, as al- FOOD AND DRUG ADMINISTRATION ation possible changes in the bill. We ways, Members will be notified exactly MODERNIZATION AND ACCOUNT- had many requests of that nature over when that will be. There will be some ABILITY ACT OF 1997 the past month, and we have accommo- stacked votes, I don’t know right now Mr. DURBIN. Mr. President, I would dated, to my knowledge, every one of whether it’s 2, 3, or 4, with relation to like to say at the outset that I have those requests and have been and are Commerce, State, Justice. But it will the highest respect for the Senator ready to proceed, with the understand- be later in the morning or in the early from Vermont. The Senator has done a ing that certain amendments would be afternoon, so we can accommodate great deal of work on one of the most offered. Some of those amendments Senators who would like to attend the important pieces of legislation which would be accepted and some of those memorial service. Then we can com- we will consider during the course of would be disagreed with. plete action on the bill. this Congress. Although I am not a But we are under the exigencies of I had hoped we would have agreement member of his committee, I have an time here. This is such an important on the spending and on the tax relief abiding interest in the Food and Drug bill. We started negotiations, the Sen- bill early enough that we could actu- Administration. For 12 years in the ate did, last year, under Senator Kasse- ally get started on it on Tuesday morn- House I was a member of the sub- baum. The bill was voted out of the ing. It looks like we will not be able to committee which funded the Food and committee by a very substantial vote. do that, but we still want to get the Drug Administration. I was called on However, there were strong objections final votes on the State, Justice, Com- many times to get involved in issues raised to it and problems with the merce appropriations bill as soon as we related to this important agency. House. So we started again this year can and be prepared to move swiftly to It is an extraordinary agency. By with the bill and we have been working the budget agreements once they are Federal standards it is tiny. About $1 for several months, now, ironing out reached. billion each year out of our $1.6 trillion these difficulties and problems. I thank all Senators for their co- budget is spent on the budget of the It was my understanding we had a operation. I know this will be, again, a Food and Drug Administration. Yet consensus. That is why we are here on hectic week. But I believe we can com- every one of us, every American fam- the floor this afternoon. On the other plete 2 more appropriations bills which ily, depends on the Food and Drug Ad- hand, now we understand that some will put us at 10, leaving only 3 that we ministration. Many of the products others have reasons that they would would have to work on when we return which we take for granted are reviewed like to participate. We have no prob- in September. That is an incredible by them for safety so that our families lem with that. The problem is not ours, pace, and I am very pleased with the can use them and feel confident that in the sense of the committee. The cooperation that we have had in get- the product is safe for that use. Thus, problem is time on the floor. We have ting that done. I hope we can continue when there have been efforts to reform just 1 week left before we go into recess that. We also, again, hope to complete the Food and Drug Administration, I in order to accomplish the major bills, action on two or three other bills; most have been very attentive. Some people the reconciliation and budget matters, important, the budget agreements. are looking to reform the Food and and we will have only a limited amount When that is completed, of course, we Drug Administration for selfish rea- of time. So, for us to proceed and get would then have an opportunity to sons. Others are looking to reform the this finished by the end of the week, turn to the Executive Calendar also. Food and Drug Administration for the which is important, it is going to take Mr. President, I would like to hear right reasons. I believe the Senator agreement by those who now want to from the distinguished Senator from from Vermont falls in the latter cat- participate in order to have a timely Vermont as to what is the state of ne- egory. I believe he is trying to reform process where we can bring this to con- gotiations regarding the Food and the FDA for the right reasons. clusion. Drug Administration reform package. I He and I may have a few differences I look forward to working with my know he has worked very hard on it. of opinion, I think very few, and I hope colleague—I know he will cooperate July 28, 1997 CONGRESSIONAL RECORD — SENATE S8163 with us so that this very important Fee Act, which will, upon enactment, determines that such data and evidence piece of legislation can get passed out. streamline the FDA’s regulatory proce- are sufficient to establish effective- The House is waiting to move until we dures. This modernization will help the ness, consist of data with one adequate move. Also connected with it is the agency review medical devices and and well-controlled clinical investiga- Prescription Drug User Fee Act, drugs more expeditiously and will let tion and confirmatory evidence. PDUFA, which is very important to get the American public have access sooner Concerns were raised also about al- passed because that expires at the end to newer, safer and more effective lowing distribution of experimental of September. So we must move ahead. therapeutic products. therapies without adequate safeguards I thank the Senator for giving his I am disappointed that some of my to assure patient safety or completion time. Democratic colleagues are not desirous of research on efficacy. Changes to ac- Mr. DURBIN. If the Senator from of proceeding at this time, but I will do commodate those concerns were made. Vermont will continue to yield for the my best to accommodate them and also They are in the substitute. We tighten purpose of a question, then it is my un- to move forward on this bill. I am espe- the definition of who may provide un- derstanding we will not proceed to the cially chagrined, given the months of approved therapies and gave FDA more bill itself today, that we will wait? bipartisan negotiating that has led to control over the expanded access proc- Mr. JEFFORDS. I am not proceeding this bill. Each major provision—all of ess. to the bill at this time. I am hopeful the drugs and medical device provi- Other changes will ensure that use of and wait patiently with great expecta- sions of this measure—represents long- products outside of clinical trials will tions that at some point after having sought agreements with the minority not interfere with adequate enrollment discussed with you and perhaps com- and with the FDA itself. I do not un- of patients in those trials and also give municated with the minority leader derstand this continued delay. the FDA authority to terminate ex- that we will be able to move forward In particular, Senator KENNEDY has panded access if patient safeguard pro- with the bill in a way that will utilize played a key role in reaching this tections are not met. The provision al- the time today effectively so that we agreement, and I wish to applaud his lowing manufacturers to charge for can complete this bill by the end of the willingness and tenacity in working products covered under the expedited week. But I do not intend to call it up through several difficult issues to access provision was deleted also. at this particular moment. reach a consensus on this legislation. In mid-June, the Secretary argued Mr. DURBIN. I thank the Senator In addition, Secretary Shalala and that S. 830 would allow health claims from Vermont and pledge my coopera- the FDA itself has worked diligently to for food and economic claims for drugs tion to consider any amendments reach reasonable, sensible agreements. and biologic products without adequate which might be necessary to be debated This is a good, bipartisan measure that scientific proof. In response, Senator on the floor in a timely manner, sen- represents moderate yet real reform. It GREGG agreed to changes that would sitive to the limited time we have this has been agreed to by the minority and allow the FDA 120 days to review a week. He is correct, that if we do not the administration. health claim and provide the agency move on this user fee question, it will There is no reason for further delay, with the authority to prevent the expire and create great problems and and I am going forward today with the claim from being used in the market- complications at this important agen- expectation that before the end of the place by issuing an interim final regu- cy. We don’t want that to happen. I day, we will be moving forward on this lation. share with him the belief that we can bill. In addition, the provision allowing and should move this bill forward this On June 11, prior to the committee pharmaceutical manufacturers to dis- week, and I look forward to working markup of S. 830, I received a letter tribute economic information was with him. from Secretary Shalala outlining the modified to clarify that the informa- PRIVILEGE OF THE FLOOR Department’s key concerns. This was tion must be based on competent and Mr. DURBIN. Mr. President, I ask sometime ago. In her letter, the Sec- reliable scientific evidence and limited unanimous consent that Anne Marie retary stated: the scope to claims directly related to Murphy of my staff be accorded the I am concerned that the inclusion of non- an indication for which the drug was privilege of the floor for the duration consensus issues in the committee’s bill will approved. of debate, when it starts, on S. 830, the result in a protracted and contentious de- This bill was further changed to ac- Food and Drug Administration Mod- bate. commodate the Secretary’s opposition ernization and Accountability Act of Before and since our committee to the provision that would allow 1997. markup, we have worked hard to third-party review for devices. The ACTING PRESIDENT pro tem- achieve a consensus bill. The measure Products now excluded from third- pore. Without objection, it is so or- before us today accomplishes that goal. party review include Class III products. dered. Bipartisan staff and Members have These are products that are PRIVILEGE OF THE FLOOR worked diligently with the agency to implantable for more than 1 year, Mr. JEFFORDS. Mr. President, I ask address each of the significant non- those that are life sustaining or life unanimous consent that Sean Donohue consensus provisions raised by the Sec- supporting, and also products that are and Chris Loso, fellows with the Com- retary. of substantial importance in the pre- mittee on Labor and Human Resources, In her letter, Secretary Shalala ex- vention of impairment to human be permitted the privilege of the floor pressed her feeling that the legislation health. during all Senate consideration of S. would lower the review standard for In addition, a provision advocated by 830, the Food and Drug Modernization marketing approval. Key changes have Senator HARKIN has been incorporated and Accountability Act. been made to the substitute to address that clarifies the statutory right of the The ACTING PRESIDENT pro tem- these concerns. With respect to the FDA to review records related to com- pore. Without objection, it is so or- number of clinical investigations re- pensation agreements between accred- dered. quired for approval, changes were made ited reviewers and device sponsors. Mr. JEFFORDS. Mr. President, as we to assure that there is not a presump- I want to point out that we have been have just discussed, I am going to pro- tion of less than the two well-con- working hard with Members, the Sec- ceed so that my colleagues and those trolled and adequate investigations, retary, and others who brought prob- interested in this legislation can better while guarding against the rote re- lems to us, and we believe we have all understand the nature of this legisla- quirement of two studies. of those taken care of, but we under- tion and the importance of it, and, We made it very clear you don’t have stand now we will have to do some hopefully, later in the day, we will be to do two, although it is quite accept- more work today. able to proceed in an orderly manner able for you to do two, but you Finally, the Secretary was concerned through the amendment process. shouldn’t look at it as being required. about provisions that she felt would The legislation is to modernize the It is not necessary. burden the agency with extensive new Food and Drug Administration, and we The measure clarifies that substan- regulatory requirements that would de- authorize the Prescription Drug User tial evidence may, when the Secretary tract resources from critical agency S8164 CONGRESSIONAL RECORD — SENATE July 28, 1997 functions without commensurate en- bring about a consensus. This has been ity. Both Senator JEFFORDS and the hancement of the public health. This night-and-day work for weeks. We have majority, and Senator KENNEDY and legislation now gives FDA new powers some outstanding Members on both the minority on the committee have to make enforcement activity more ef- sides of the aisle that have done out- negotiated in good faith to move for- ficient, adds important new patient standing work to bring us to this point. ward. benefits and protections, and makes I could name them all, and I will even- During the months—and really this the review process more efficient. tually as we go forward, but I know has gone on for months, in effect, for 2 First, we give FDA new powers and standing and ready to go is one of years as we debated and discussed a clarify existing authority, including those who has been of invaluable serv- very similar bill—but during the mandatory foreign facility registra- ice to this committee. That is Senator months leading up to committee pas- tion, seizure authority for certain im- FRIST. With his knowledge as a physi- sage—again, it has gone through the ported goods, and a presumption of cian, his intelligence and ability to committee with a vote of 14 to 4—and interstate commerce for FDA-regu- communicate in a way that brings continuing up to today, there have lated products. Those are all important about consensus, we have moved for- been a series of meetings between the changes to help clarify the powers of ward on some incredibly important FDA, between industry, between the the FDA. goals for being able to assist our doc- administration and the committee Second, to assist patients with find- tors in their pursuance of good health staff, all gathered together in a biparti- ing out about promising new clinical for all of us. san spirit, legislative and executive trials, we established a clinical trials With that, Mr. President, I yield the branch, working together to clarify database registry, accessed by an 800 floor. provisions, to outline and to resolve number. Patients will also benefit from Mr. FRIST addressed the Chair. those concerns between the various a new requirement that companies re- The ACTING PRESIDENT pro tem- parties. And with a bill that is this port annually on their compliance with pore. The Senator from Tennessee. major, that will impact every single agreements to conduct postapproval Mr. FRIST. Mr. President, I rise to American both in the current genera- studies on drugs. This was an impor- speak on the issue of a bill which I am tion and in the next generation, it tant provision that we added, working very hopeful will be considered shortly, takes that working together, negotiat- with Senator KENNEDY. and that is the Food and Drug Admin- ing across the table, listening to Third, FDA’s burden will be eased by istration Modernization and Account- everybody’s concerns. provisions to make the review process ability Act of 1997. I came to the floor I am delighted—up at least, I more collaborative. Collaborative re- expecting, as we all had anticipated, thought, until 15 or 20 minutes ago— views will improve the quality of appli- that this bill would be considered that those provisions had been dis- cations for new products and reduce today in the bipartisan spirit that has, cussed, that the debate had been out- the length of time and effort required in many ways, been reflected by work- lined with negotiations and com- to review products. We also expressly ing together over the past 2 years on a promise carried out to where we have a allow FDA to access expertise at other bill that will modernize the FDA, will very strong bill that will benefit all science-based agencies and contract strengthen the FDA and will, what I Americans. with experts to help with product re- guess I care most about, improve pa- The chairman of the committee, views. This is very important to bring tient care for the thousands, for the through which this passed again with a about more efficient and effective utili- hundreds of thousands of people who strong bipartisan vote, pointed out the zation of resources. will benefit from having speedier ac- importance of passing FDA reform over Lastly, by expanding the third-party cess to effective drugs, to effective the next 6 to 7 days, or I guess the re- review pilot program for medical de- therapies, to effective devices. maining 5 days now, when he referred vices, we build on an important tool for I am very excited about the bill, yet to the expiring authorization of what is the agency to use in managing an in- I am very disappointed now that my called PDUFA. This is favored. creasing workload in an era of declin- colleagues on the other side of the aisle The reauthorization, which is expir- ing Federal resources. have presented a situation where this ing—the authorization is expiring—the In closing, I echo another part of Sec- bill cannot be considered today. reauthorization is supported by the retary Shalala’s June 11 letter: I am hopeful that over the course of FDA, it is supported by the U.S. Con- I want to commend you and the members today we will be able to reach some gress, it is supported by the adminis- of the committee on both sides of the aisle sort of agreement. I had thought we tration, and it is supported by indus- on the progress we have made together to de- had reached that agreement, but obvi- try. This law has been a great success. velop a package of sensible, consensus re- ously we have not, much to my dis- form provisions that are ready for consider- It must and will be extended for an- appointment and, I think, to the det- ation with reauthorization of the Prescrip- other 5 years. It is an integral part of riment of the United States and all tion Drug User Fee Act. . . a protracted and the FDA reform and modernization bill those people who could benefit from contentious debate . . . would not serve our that I hope will be introduced this having a strengthened FDA. mutual goal of timely reauthorization of week. PDUFA and passage of constructive, consen- A comment was made earlier that sus bipartisan FDA reform. the bill has not really been considered If in some way this aspect of the bill I can’t tell you how pleased I am that by a number of people. Again, that is a is blocked, despite the fact that both we have been able to work with the bit disappointing. The bill before us sides—that all sides—want it to move Secretary and come to this point now today really represents over 2 years of forward, there is the potential that as where we have few—I don’t believe we work conducted in committee and with many as 600 FDA reviewers that are have any disagreements—with the Sec- people off of the committee that we employed because of PDUFA, which retary. Although we have some further just heard our distinguished chairman speeds up, which accelerates the ap- matters we may have to discuss. mention—2 years of work with one ob- proval process to get drugs out to the From the beginning of this process, jective; that is, to modernize the Food American people, could be at jeopardy. all of the stakeholders have been com- and Drug Administration. I do want to That must be addressed this week. Fur- mitted to producing a consensus meas- emphasize the bipartisanship in com- thermore, patients awaiting the drugs ure, and we have accomplished that mittee, in the Human Resources Com- that will be approved at an expedited goal. There is agreement on this bill, mittee. rate of PDUFA will wait and wait and and I urge my Democratic colleagues This bill was considered, was marked wait if this is not continued. to allow this important measure to up, and the bill, with a 14 to 4 vote, PRIVILEGE OF THE FLOOR move forward. passed out of committee to be taken to Mr. President, at this juncture, I ask Before yielding the floor, I would like the floor. Throughout this process, our unanimous consent that privileges of to commend the members of the com- distinguished chairman, who we just floor be granted to a member of my mittee. I have never worked with a heard from on the floor, has worked staff, Dr. Clyde Evans, during the pe- group that has worked as hard as the with the minority staff, with the mi- riod between now and 3 p.m., Monday members of my committee have to nority Senators as well as the major- July 28. July 28, 1997 CONGRESSIONAL RECORD — SENATE S8165 The ACTING PRESIDENT pro tem- The information dissemination provi- use in a world where science is moving pore. Without objection, it is so or- sions do represent a compromise, a bal- very quickly is that of the use of tetra- dered. anced compromise, but they really ul- cycline. When I was in medical school, Mr. FRIST. Mr. President, I would timately respect the importance of even 10 years ago, the whole theory of like to speak to a specific aspect of the physicians receiving up-to-date, inde- ulcer disease was based on a component bill that reflects, I think, the biparti- pendently derived scientific informa- of acid. Acid clearly plays a very im- san spirit, the working together to the tion, as well, at the same time to pur- portant role, but what we did not benefit of individual patients or future sue, when possible, getting those pre- know—in fact when I first heard it my- patients, to the benefit of children scribed uses ultimately approved on self when I was a resident, I said, ‘‘No today, of hard-working men and women the label by the FDA. Thus, we have to way; impossible.’’ But what was figured across this country. It has to do with address the dissemination of informa- out is that antibiotics can help cure ul- the whole topic of dissemination of sci- tion. But what we have come to by cers because the etiology of ulcer dis- entific medical information. This as- these very careful, balanced negotia- ease, of certain types of ulcer disease, pect of the Food and Drug Administra- tions is this linkage to actually im- is based on a bacterium. tion Modernization and Accountability proving and reforming the supple- Well, we know that today. Yet tetra- Act of 1997 is a very important one, but mental application process. The goal cycline and the use of tetracycline, a one that has been contentious in many among almost all of us is to get as very common antibiotic which is used ways and in many people’s minds has many of these uses today on the label. for many other reasons, does not have been the most contentious part of the Now, what does off-label mean? Off- an on-label use for the treatment of ul- FDA bill. label scares people. As a physician, as cers. Yet there are thousands of people It all stems back to legislation that someone in my thoracic oncology prac- right now taking tetracycline to treat was introduced by my distinguished tice, as someone who routinely every their ulcer disease—that is an extra- colleague from Florida, Mr. MACK, and week treated cancer patients, I have label use, an off-label use—under the myself 2 years ago. It focuses on the some responsibility to define for my law, of course. With 90 percent of my fundamental aspect which is so impor- colleagues what off-label means. Off- oncology patients using off-label-use tant to the practice of medicine today, label scares people. Is it somebody drugs, with 50 percent of my pediatric to the delivery of care today, and that is to allow a free flow of good, accurate going in some secret closet and pulling patients using off-label drugs, with tet- information that can be used to benefit out a medicine and using it? No, it is racycline, physicians are allowed le- people who need health care and health not. That is why extra-label is prob- gally, of course, to use and prescribe care services. It focuses on the dissemi- ably a better term. But right now off- drugs for off-label uses. In addition to being a thoracic nation of scientific medical peer-re- label is something that we in the medi- oncologist—and I will have to add that viewed information to physicians and cal profession understand is used rou- I was codirector of the thoracic, which other health care providers. tinely in the pediatric population and, As I said, this is an important aspect as mentioned earlier, for inpatient hos- is chest, oncology cancer treatment; of the bill which I hope will be intro- pitalization. Probably 50 percent of all and lung cancer is the No. 1 cause of duced. It will result in more scientific pediatric drugs prescribed are off-label. cancer death in women today—that for information on uses of FDA-approved So it is not a term to be scared of or to the medical treatment of thoracic can- drugs in an off-label or extra-label fear. cers, of lung cancer, well over 95 per- manner. Again, these are products that In off-label use, it is simply the use cent of the treatment is off-label have already been approved by the of a drug which has been approved by today. FDA, but they are used very commonly the Food and Drug Administration in a In my field of heart and lung trans- in fields such as pediatric medicine, way that has not yet specifically been plant surgery, many of my patients are the practice of delivering care to chil- indicated on the label. It might be alive today, of the hundreds of patients dren today while they are in the hos- using that drug in a combination with whom I have transplanted, because of pital, used very commonly in the treat- other drugs for an intended benefit. It the off-label uses of FDA-approved ment of cancer therapy. As much as 90 might be a different dosage of that drugs. Then, in my routine heart sur- percent of all of the uses of drugs in on- drug. It really comes down to the gery practice, where I have put hun- cology or the treatment of cancer are standpoint that the halflife of medical dreds of mechanical valves in patients used in what is called an off-label or knowledge is moving quickly. We all over the last several years, there is an- extra-label manner. know that. other great advantage of off-label These provisions, which are a part of We know how fast science is moving, drugs. the underlying bill, represent a lot of how fast medical information is chang- About 40 years ago, the first mechan- hard work, as was implied by the dis- ing. That change is skyrocketing and ical heart valves were put in to replace tinguished chairman, a lot of biparti- accelerating over time. Clearly, you defective valves scarred by rheumatic san support which has been dem- have an FDA which, and appropriately heart disease. These mechanical valves onstrated especially over the last 2 to some extent, has to be very careful, are replaced routinely. This started in months but really over the last 6 has to rely on large clinical trials, and the early 1960’s, about 40 years ago. But months. has not been as good historically in the it was not until March 31, 1994, just 3 Specifically, I want to thank my col- past as we would like for it to be in years ago, that the off-label use of leagues on both sides of the aisle, Sen- terms of approving over time. That Coumadin, the blood thinner which all ator MACK, who I mentioned, Senator FDA cannot approve every single use of these patients are on and have been on DODD, Senator WYDEN and Senator every single drug in the field of health for the last 35 years, that it was ulti- BOXER, all of whom have remained and science which is moving at sky- mately approved for on-label use, ac- throughout committed to this issue rocketing speed, accelerating speed. cording to FDA. and have demonstrated real leadership An example, aspirin, has been used It has been clear in the literature and in their bipartisan working together to off-label for years to prevent heart at- among my colleagues that Coumadin, come up with a piece of legislation that tacks. People generally know today this blood thinner, is not only impor- will be to the benefit of all Americans. taking a baby aspirin today or an aspi- tant, but lifesaving for those who have I, too, want to express my appreciation rin every other day is effective in pre- received medical valves. So dissemina- to Secretary Shalala for her willing- venting heart attacks in certain popu- tion of information is important. It is ness to work, along with Senator KEN- lations. But right now, if you read on important for physicians to be able to NEDY, on what had been considered, as the label, there are certain limitations have the latest information, to have I mentioned, one of the most conten- as to the use of aspirin. It is not speci- the free flow of information. Why? In tious issues initially of FDA reform. fied that aspirin can be used prophy- order to best treat, using the latest Now we have a bipartisan consensus lactically to prevent heart attacks techniques and the most effective ther- agreement among all parties in this today. apy, the patients who come through body with the FDA and with the ad- Another example which reflects the their door that they treat in the hos- ministration. importance of off-label or extra-label pital. Dissemination of information, S8166 CONGRESSIONAL RECORD — SENATE July 28, 1997 with appropriate balance and disclo- in the Senate by the Senator from Yet, balancing those missions sure, will allow sharing of this type of Florida [Mr. MACK], and myself. It has against the time and expense required information with physicians and with been greatly improved. How? By sitting by companies to navigate the FDA ap- other people who can take advantage of around the table with the administra- proval system has often been difficult it. tion, with the FDA, with colleagues on and controversial. In the last Congress, Let me just close with one further both sides of the aisle to the point that radical transformation of the agency, explanation about why it is important. we, when we pass the overall bill, will even ending the agency as we know it We are talking about this information be able to improve the health care of and replacing it with a panel of private going to people who are trained to con- individuals across this country. sector, expert entrepreneurs, became a sider this information. Right now, I feel this is one of the most impor- goal of some. there are barriers there, which means tant aspects of this bill. Again, I call At the very least, reforming the Food if I were a physician practicing in rural on my colleagues on both sides of the and Drug Administration at the begin- Tennessee, I am not likely to be going aisle to come together so that we can ning of the last Congress looked to be to Vanderbilt or the local academic bring up the underlying bill and pass it an exercise fraught with partisan polit- health center and participating in con- to the benefit of all Americans. ical turmoil, and destined for ongoing ferences every week. If I am in rural I yield the floor. gridlock. Tennessee, where do I get my informa- Mr. WYDEN addressed the Chair. But while there was focus on the ex- tion? I get it from what I learned in The ACTING PRESIDENT pro tem- treme ends of the argument—those medical school, but there is a problem pore. The Senator from Oregon is rec- folks arguing for no changes against with that because we already said the ognized. Members demanding wholesale dis- half-life of medical knowledge is short- Mr. WYDEN. Mr. President, I strong- memberment of the agency—a broad, er and shorter, with the great discov- ly urge my colleagues to join today in bipartisan group of Members of Con- eries that we have today. I am most bipartisan support for this important gress developed. likely to read medical journals. Yes, piece of legislation. In doing so, I want With the help of Vice President there are many, many journals that it to commend Chairman JEFFORDS, in GORE’s Reinventing Government Pro- is important for me to read to keep in particular, and Members on both sides gram, Members of Congress from both touch with. I could search the Internet. of the aisle, because this bill, in my political parties developed practical, But to be honest with you, your typical view, meets the central test for good bipartisan solutions to the critical physician is so busy today delivering FDA reform legislation. An FDA re- management issues that the FDA ap- care, it is very unlikely that they are form bill ought to keep the critical proval process presents. going to sit down at a computer termi- safety mission for the Food and Drug I sought to mobilize this bipartisan nal in rural Tennessee and go to the Administration, while at the same movement with H.R. 1472, introduced Internet and get information. time encouraging innovation—innova- in June 1995. Some in my party In fact, last year, in testimony before tion that is going to produce new thought I had gone too far, too fast. the Labor Committee, Dr. Lindberg at therapies and save lives. This bill But I am gratified that many of the the National Library of Medicine testi- meets that twin test. elements of this legislation, strength- fied before the committee, and ex- This bill is a result of, as several of ened in this legislation, are going to be plained how vast this literature is out our colleagues have noted, much de- considered by the Senate. there. He was talking about MEDLINE, bate and an extraordinary effort to These include, first, a streamlining of which is the primary medical database build consensus. I am proud to have approval systems for biotechnology that is used, in which all of the peer-re- played some part in that effort as a product manufacturing. It is clear that viewed journals are placed on this com- Member of both the House of Rep- the rules for biotechnology, so central puterized data base. He explained the resentatives and the U.S. Senate, hav- to health care progress, have not kept challenge that physicians have today ing introduced, more than 2 years ago, up with the times. This legislation will in the following way: H.R. 1472, the FDA Modernization Act, allow biotechnology to move into the MEDLINE contains more than 8 million ar- which contains several of the key in- 21st century with a realistic framework ticles from 1966 to the present. It grows by gredients of the legislation before us of regulation. some 400,000 records annually. If a conscien- today. The bill allows approval of important tious doctor were to read two medical arti- Mr. President, from the time we get new breakthrough drugs on the basis of cles before retiring every night, he would up in the morning until the time we go a single, clinically valid trial. have fallen 550 years behind in his reading at to bed at night, we live, work, eat, and It creates a collaborative mechanism the end of the first year. drink in a world of products that are allowing applicants to confer construc- Now, in medicine, where one’s health affected by decisions made at the Food tively with the FDA at critical points and one’s life is in the hands of the and Drug Administration. Perhaps no in the approval process. physician, I don’t see how people can other Federal agency has such a broad It sets reasonable, but strict, time- argue about free and appropriate dis- impact in the daily lives of average frames for the approval of decision- semination of information to best ben- Americans. making. efit that patient, to take care of you as Food handling and commercial prep- It reduces the paperwork and report- an individual. Yet, there are barriers aration often occurs under the agency’s ing burden now facing so many small there. We, probably unintentionally, scrutiny. Over-the-counter drugs and entrepreneurs when they make minor over time, have created barriers that nutritional supplements, from vita- changes in the manufacturing process. now we need to take down, to allow the mins to aspirin, are also certified by It establishes provisions for allowing appropriate and balanced dissemina- the agency. third-party review of applications at tion of information to be to the benefit Life-saving drugs for treatment of the discretion of the Secretary. of that physician who is going to be cancer, autoimmune deficiency, and It allows manufacturers to distribute seeing my colleagues, their children other dreaded diseases, are held to its scientifically valid information on uses and their spouses in the future. More rigorous approval standards. for approved drugs and devices, which information, I feel, is better, as long as Medical devices ranging from the have not yet been certified by the Food it’s balanced, peer-reviewed, and safe- very simple to the complex, from and Drug Administration. guards are built in to make sure that it tongue depressors to computerized di- Each of those areas, Mr. President, is not used for promotion. agnostic equipment, all have to meet was in the legislation that I introduced Mr. President, I will yield the floor quality standards at the FDA. more than 2 years ago, and with the bi- soon. This is an issue that I really want These products that are overseen by partisan efforts that have been made in to just underscore this day because it the FDA are woven deeply into the fab- this bill, each of them has been represents bipartisanship, working to- ric of our daily lives, and the agency’s strengthened. I am especially pleased gether with the distinguished col- twin missions of certifying their safety that Senators MACK, FRIST, DODD, leagues on both sides of the aisle. It and effectiveness is supported by the BOXER, KENNEDY, and I could offer the started from a bill that was introduced vast majority of Americans. provisions of this legislation relating July 28, 1997 CONGRESSIONAL RECORD — SENATE S8167 to the dissemination of information on Mr. President, I also want to con- Today, only 1 in 5,000 potential new off-label uses of approved products. clude by thanking a member of my medicines is ever approved by the FDA. This provision will allow manufac- staff, Mr. Steve Jenning. For several According to a recently published turers to distribute scientifically and years now, he has toiled on many of study, from the beginning of the proc- clinically valid information on such these provisions with Members of Con- ess to the end, it takes an average of 15 uses following a review by the Food gress on both the House side and the years and costs in the range of $500 and Drug Administration, including a Senate side, to help bring about this million to bring a new drug to market. decision that I proposed more than 2 legislation. He has, in my view, done Why does this process take so long? years ago, which may require addi- yeoman work, and I want to make sure Before FDA even gets involved in the tional balancing material to be added that the Senate knows about his ef- process, innovators spend an average of to the packet. forts. I know my colleagues in the 61⁄2 years in early research and pre- Here is why that is important. Manu- House are very much aware of him. clinical testing in the laboratory and facturers with an approved drug for So we all look forward, on a biparti- with animal studies. Long before ovarian cancer may have important, san basis, to seeing S. 830 come to the human tests begin, a summary of all but not yet conclusive, information floor. It is a bill that is going to make the preclinical results is submitted to from new trials that their drug also a difference in terms of saving lives. the FDA. This document, known as the may reduce brain or breast cancers. The Senate needs to pass it and needs investigational new drug application, That data, while perhaps not yet of a to pass it this week. or IND, contains information on chem- grade to meet supplemental labeling Mr. President, I yield the floor. istry, manufacturing data, pharma- approval, may be critically important Mr. JEFFORDS addressed the Chair. cological test results, safety testing re- for an end-stage breast cancer patient The ACTING PRESIDENT pro tem- sults and a plan for clinical testing in whose doctor has exhausted all other pore. The Senator from Vermont. people. treatments. Mr. JEFFORDS. Mr. President, first If the FDA judges the potential bene- That doctor and that doctor’s patient of all, I want to thank the Senator fits to humans to outweigh the risks have the absolute right to that infor- from Oregon for his support and for his involved, the stage is set for three mation. It is time for this policy of very effective presentation. I know phases of clinical trials to begin. censorship at the Food and Drug Ad- there are so many of us here who want Taken together, the three phases of ministration to end. I believe that, to work together. In fact, just about clinical trials in human populations with the legislation that will come be- everybody does. That is why it is of average about an additional 6 years. fore the Senate, it will be possible for such concern to me that we now find Phase I clinical trials focus on safe- health care providers to get this criti- ourselves in a position where we can’t ty. During about a 1-year period, very cal information and do it in a way that proceed. I know of the Senator’s im- low doses of compound are adminis- protects the safety of all of our citi- mense assistance in helping us in this tered to small groups of healthy volun- zens. matter, and I appreciate what he has teers. Gradually, they are increased to This legislation is going to save lives, said. determine how the bodies react to the not sacrifice them. It is going to mean Mr. President, I think it would be different levels. that more doctors and their patients wise at this point, while we are biding Phase II clinical trials last about 2 will have meaningful access to life-sav- time in the hopes of being able to move years; that is, 2 additional years. They ing information about drugs that treat forward, to answer the questions that involve 100 and 300 patient volunteers, dread diseases like HIV and cancer. many people have: Why are we here? and focus on the compounds effective- It will mean that biologic products What is the big deal? What is so impor- ness. These are blinded trials that are will have a swifter passage through an tant? Why are we anxious to get mov- held in hospitals around the country approval process which no longer will ing and to get this piece of legislation where they compare the innovator require unnecessarily difficult demands passed? compound with a so called placebo— with regard to the size of a startup I would like to go through some of that is the control group is not given manufacturing process. the problems that we have right now anything. The effect of the innovator It will mean that breakthrough drugs with the FDA because it is our lives drug is compared with effect on those that offer relief or cures for deadly dis- and our health that are at stake here. who received the placebo. Three out of eases, for which there is no approved The time delays that occur because of four prospective drugs drop out of the therapy, are going to get to the market the various problems at the FDA that picture as a result of the data collected earlier on the basis of a specially expe- we are trying to correct mean that new during these phase II trials. dited approval system. therapies that would be essential to Phase III trials involve one or more Mr. President, legislation, indeed your life and health, proceed so slowly clinical trials where researchers aim to laws, are only words on paper. Mr. that many, many people are deprived confirm the results of earlier tests in a President, we must also have a new of the hopes and dreams we all have of larger population. Phase III lasts from FDA Commissioner who is committed a good health and a good life. 2 to 5 years and can involve between to the changes in S. 830, just as com- Let me provide some examples. By 3,000 and 150,000 patients in hundreds of mitted to those changes as former law, FDA is required to review and act hospitals and medical centers. These Commissioner David Kessler was com- on applications for approval on drugs tests provide researchers with a huge mitted to the war on teenage smoking. within 180 days. Now, that 180 days was database of information on the safety This bill goes a long way to making not just pulled out of the air. That was and efficacy of the drug candidate to sure that the Food and Drug Adminis- looking at the normal processes you satisfy FDA’s regulatory requirements. tration is prepared to meet the chal- would be able to do it in 180 days. Ac- The amount of data required to file lenges of the 21st century. But we also cording to FDA’s own budget justifica- for the next new phase, new drug appli- need to make sure that at the FDA, at tion for fiscal year 1998, it takes the cation, or NDA, is staggering. The ap- that agency, there is a new commit- agency an average of 12 months longer plication for new drugs typically runs ment at every level to carry out these than the statute allows to complete to hundreds of thousands of pages in changes. this process. It takes, on average, a length. For example, in 1994, the NDA I believe that it is possible to keep year and a half for a process that for a groundbreaking arthritis medica- the mission of the Food and Drug Ad- should take 6 months. tion contained more than 1,000 volumes ministration—that all-critical safety Since the 1960’s to the 1990’s, com- of documentation that weighed 3 tons. mission, a mission that Americans rely plete clinical trials, that is, the time It included data from clinical tests in on literally from the time they get up required by FDA to show for efficacy of roughly 10,000 patients, some of whom in the morning until the time they go drugs, has increased from 2.5 to nearly had been taking new medication 5 to bed at night—while still ensuring 7 years. Between 1990 and 1995, the FDA years. that there are opportunities for inno- average approval time, that is, the During the NDA review process— vation in the development of cures for time after the clinical trials have been which can last an additional 21⁄2 years, dread diseases. completed, was about 2.3 years. Government officials have extensive S8168 CONGRESSIONAL RECORD — SENATE July 28, 1997 contact with the company. They visit shepherding through the committee specific dose and if it is discovered the research facilities and talk to the and now, hopefully, later today bring through medical science that a dif- doctors and scientists involved in the to the floor an act which will modern- ferent dose or another medication is in research. In addition, FDA officials ize and strengthen the FDA and will be order, why can’t you get that in a sup- visit and approve the manufacturing to the real benefit of all Americans to plemental way on the label. The AMA’s facilities and review and approve all make sure that health care services are Council on Scientific Affairs, in ex- the labeling, packaging and marketing given in an expeditious way to the plaining why there are currently so that will accompany the product. American people. many medically accepted, commonly Well, that is good and we want the As I mentioned in my earlier com- used, unlabeled uses of FDA-approved FDA to be thorough, but things can be ments in the Chamber, a central aspect drugs, states: done more efficiently and more effec- of health care today is the dissemina- The simple answer is that FDA-approved tively. If we cannot reduce these times tion of information to physicians, to labeling does not necessarily reflect current based on the consensus agreements in health care providers so that both will medical practice. this bill—then a lot of people will lose know, understand and have access to In their comments, they go on to ex- the timely availability and the utiliza- and be able to use appropriately that plain that manufacturers may not seek tion of these breakthroughs. information to serve their patients, the FDA approval for all useful indications What does this reducing of overall so-called off-label or extra-label provi- for a whole range, a whole host of rea- time mean for Americans? If we can re- sions I introduced this morning, and I sons, including: duce this overall time, it means want to share once again my delight in The expense of regulatory compliance may quicker access to safe and effective the fact that in a bipartisan way, be greater than the eventual revenues ex- lifesaving drugs. working with Senators KENNEDY, pected—e.g. if patent protection for the drug I want to point out that the FDA, WYDEN, BOXER, MACK, myself, and the product has expired or if the patient popu- when it reviewed priority applications, distinguished chairman, we have come lation protected by the new use is very has been able to make breakthroughs together and worked with the adminis- small. in AIDS and elsewhere by just being tration and the FDA to address this The point is, if you have a drug in more efficient. very important issue of dissemination your pharmaceutical company and you Also, for instance, to give you an ex- of information. know it is good, yet it will benefit very ample of review process delay, over 12 As I mentioned, off-label uses are few people in a population and you million type-2 diabetics had to wait al- really prominent in health care today. know it is going to cost you millions most 2 years for a new machine to be The American Medical Association es- and millions of dollars and years and approved. Almost 2 million American timates the off-label or extra-label use years of trying to put through these women with breast cancer had to wait of drugs that have already been ap- clinical trials, what incentive do you almost 2 years in excess of what should proved by the FDA to be in the range have when the benefit is to such a few have been required for this review proc- of 40 percent to 60 percent of all pre- number of patients out there? Thus, we ess. scriptions. Of all prescriptions written need to lower that barrier, make the So when that you have that kind of today, 40 to 60 percent are estimated by supplemental approval process for delay, you know you have to have re- the American Medical Association to these extra-label or off-label uses easi- form, and that is why we are here. be off-label, and there have been very er, lower that barrier. Some may argue that the long period few problems associated with this off- Patent protection. Once a manufac- of review and approval time is the price label appropriate use. In treating hos- turer has invested a lot of money and we pay for ensuring drug safety and ef- pitalized children, it has been esti- time in clinical trials and meeting the ficacy. But that long delay does not mated that over 70 percent of the drugs regulatory requirements of the Food hold true for all drugs. We know the are prescribed to be off-label, and that and Drug Administration, they are pro- FDA can significantly reduce its ap- can vary anywhere from 60 to as high tected for a period of time through the proval times because it has already as 90 percent, and for diseases such as patent, but once the patent expires, done it. We have, for instance, with re- cancer the figure can be as high as 90 what then is their incentive to go out spect to the AIDS therapies, the so- percent. and get this off-label use put on the called protease inhibiters that were ap- As a lung cancer surgeon—I men- label when they have to go through so proved in a matter of months. FDA can tioned earlier the treatment of lung many hoops, through what all of us do more to ensure that they receive cancer today—the medical treatment know is an inefficient process today? timely attention, and S. 830 will help of lung cancer involves well over 80, The good news is that the underlying FDA do so for all promising therapies. more in the range of 90, percent of all bill addresses the supplemental proc- FDA is aware of this, and that is why medical treatment being off-label. And ess. It links off-label use or dissemina- they have been working to help sim- that is that the drugs already approved tion of information about off-label use plify the law, simplify the process, sim- by the FDA are used either in a dosage to a future application. plify the procedures, so that we can get or in a combination with other drugs Now, the supplemental process—and these drugs to market on time without that have not yet been approved or what I am even more excited or equally in any way infringing upon the neces- studied through the FDA process. That excited about is it makes that supple- sity to protect the health of our people. can be improved in lots of ways and mental process more efficient, with So as we proceed, I will review these that is part of the underlying bill, to more incentives for the manufacturers issues in a more definitive manner. But strengthen the FDA by making the ap- to seek what is called a supplemental as we await removal of an objection to proval process more efficient. People new drug application. proceed, I just wanted to remind people ask me frequently, why aren’t all uses Going back to the AMA’s Council on that there are real, valid, deep con- of drugs, if they are really effective, if Scientific Affairs, they say: cerns that we are facing here. Our goal they are really valuable, if they really A sponsor also may not seek FDA approval is to make sure the health of our Na- improve patient care, why aren’t they because of difficulties in conducting con- tion can improve and that people will on the label? trolled clinical trials. ([For example,] for be able to have access to the innova- A goal of all of us, I think, is to get ethical reasons, or due to the inability to re- tive therapies that will benefit their as many on the label as possible. But in cruit patients). lives. answering that question, I first cite the ‘‘Finally,’’ and again I am quoting Mr. President, I yield the floor. American Medical Association’s Coun- them: Mr. FRIST addressed the Chair. cil on Scientific Affairs, which met . . . even when a sponsor does elect to seek The PRESIDING OFFICER (Mr. this spring to consider all of these is- approval for a new indication, the regulatory THOMAS). The Senator from Tennessee. sues and to make recommendations re- approval process for the required [Supple- Mr. FRIST. Again, I would like to garding information dissemination and mental New Drug Application] is expensive commend the chairman of the Labor what we call the supplemental ap- and may proceed very slowly. and Human Resources Committee for proval process; that is, a drug has been In fact, they continue to explain a the outstanding work he has done in approved for a specific indication at a little bit later, that the past review July 28, 1997 CONGRESSIONAL RECORD — SENATE S8169 performance for SNDA’s, Supplemental manufacturers submit approved clini- sent out by a manufacturer to a physi- New Drug Applications, is cal trial protocols and commit to filing cian. They will have 60 days to review . . . unexpected because the SNDA should a SNDA before disseminating scientific that peer-reviewed article or that chap- be much simpler to review than the original information about off-label uses—all ter out of a textbook. The manufac- [New Drug Application], and suggests the will improve the number of supple- turer—and it is spelled out in the bill— FDA gave much lower priority to reviews of mental indications pursued by manu- must list the use, the indications—the SNDAs. facturers. indication, or the dosage provisions The point is, we need to improve the To be certain of the impact of all of that are not on the label. The manufac- underlying supplemental new drug ap- these provisions, the dissemination turer must also disclose any financial plication process and this bill does that provisions sunset after a completion of interest. The manufacturer must also as well. I am very hopeful that this bill a study by the Institute of Medicine to submit a bibliography of previous arti- can be brought to the floor because you review the scientific issues presented cles on the drug or the device. And, can see the number of good things that by this particular section, including then, after all that submission, if the are in this bill that will speed and whether the information provided to Secretary determines that more infor- make more efficient the overall ap- health care practitioners by both the mation is needed, she may require the proval process with safeguards built in manufacturer and by the Secretary is manufacturer to disseminate other in- that will protect the American people useful, the quality of such information, formation in order to present an objec- from dangerous drugs, the unnecessary and the impact of dissemination of in- tive view. In other words, we are not side effects of drugs or devices. formation on research in the area of allowing manufacturers to send out ar- The underlying bill, again pointing new uses, indications, or dosages. ticles which have any sort of bias or to the real advantages of getting this Again, special emphasis in the bill is conflict of interest. These are peer-re- bill to the floor, includes additional in- placed on rare diseases and is placed on viewed articles with safeguards built in centives for manufacturers to seek sup- pediatric indications. to make sure that there is not an plemental labeling, including added ex- Indeed, limiting information dissemi- undue bias. clusivity for those seeking pediatric la- nation to off-label uses undergoing the The safeguards against abuse also en- beling. Again, encouraging—and we research necessary to get it on label sure that the information is accurate; know, if you look back historically, we has been a real subject of negotiation it is unbiased when it is presented to as a nation have not done very well, in and compromise in this bipartisan dis- that practitioner. Manufacturers must terms of aiming labeling for the pedi- cussion with the FDA and the adminis- inform the Secretary of any new devel- atric population, a place where these tration and representatives from Con- opments about the off-label use, wheth- drugs are so critical, are so crucial for gress. However, the point is that we er those developments are positive or our children, my children, your chil- have done that. It is now ready to be whether they are negative. And, in dren. We need to do better there and brought to the floor, to be talked about turn, the Secretary may require that this bill addresses that. among all of our colleagues if they so new information be disseminated to Also, the underlying bill requires wish. Those negotiations and those health care practitioners who pre- that the FDA publish performance compromises have been carried out. It viously received information on a new standards for the prompt review of sup- is time now to bring that to the floor. use. This really should go a long way plemental applications. It requires the We have worked to accommodate many to ensure that health care practi- FDA issue final guidance to clarify the other concerns of our fellow colleagues tioner—the person who is in rural Ten- requirements and facilitate the sub- in the U.S. Senate, concerns among the nessee—is fully informed, with peer-re- mission of data to support the approval FDA and other organizations. The pro- viewed articles, cleared of any conflicts of the supplemental application. And it visions outlined in the amendment of interest, with the FDA having had 60 requires the FDA to designate someone have changed a great deal from the days to make sure that balance is in each FDA center who will be respon- original bill that was proposed by Sen- there. sible for encouraging review of supple- ator MACK and myself during the 104th There are a number of benefits to mental applications and who will work Congress, and it makes it a better bill, this amendment. Patients will gain with sponsors to facilitate the develop- a stronger bill, one that I think will from better and safer health care be- ment of—and to gather the data to sup- benefit all Americans. cause their physician will be more port—these supplemental new drug ap- In general, in the bill, manufacturers knowledgeable about potential treat- plications. Moreover, the Secretary, as will be allowed to share peer-reviewed ments. That is the most important specified in the bill, will foster a col- medical journal articles and medical thing for a physician. Again, as I am in laboration between the Food and Drug textbooks about off-label uses with this body I want to keep coming back, Administration and the NIH, the Na- health care practitioners only if they again and again, to what is important tional Institutes of Health, and the have made that commitment to file for to physicians and to our health care professional medical societies and the a supplemental new drug application system. It is simply one thing and that professional scientific societies, and within 6 months, or if the manufac- is the patient; that the patient has ac- others to identify published and turer submits the clinical trial proto- cess to the very best health care, the unpublished studies that could support col and the schedule for collecting the very best device to treat their cancer, a SNDA, a supplemental new drug ap- information for this new drug applica- to treat their underlying heart disease, plication. The point is to improve that tion, this supplemental new drug appli- to provide the patient with the very communication, that working to- cation. If those criteria are met, manu- best possible care. gether. Finally, in the bill, the Sec- facturers will be allowed to share peer- There will be a number of charges, retary is required to encourage spon- reviewed medical journal articles and and there have been in the past, about sors to submit SNDA’s or conduct fur- medical textbooks. this freedom of information, allowing ther research based on all of these I have to comment on peer review be- dissemination of extra-label informa- studies. cause it is important. That means the tion. One is—and we heard it last year Again, this drives home the point types of materials that are submitted, and we built into the process, I think, that the underlying value of this bill that a manufacturer may submit to a very strong provisions to prevent dictates that it be brought forward to physician—remember the physician al- this—but critics would say if you allow the floor, that it be debated, that it ul- ready has 4 years of medical school, people to use drugs and devices off- timately be passed and taken to the several years of residency, is trained to label—remember, that’s the standard American people—all of these provi- at least read that peer-reviewed arti- of care right now—but if you allow in- sions which I cited—to improve the cle. If that peer-reviewed article is formation to be disseminated by a FDA’s commitment to the SNDA proc- sent, that dissemination of information manufacturer, then what incentive ess, to improve the agency’s commu- will facilitate, I believe, the overall does that manufacturer have to go out nication with manufacturers regarding care of patients—broadly. and jump the hurdles of a SNDA, the the requirements for SNDA’s, and the In addition, the FDA will review supplemental new drug application requirements that in most cases the whatever proposed information is to be process? S8170 CONGRESSIONAL RECORD — SENATE July 28, 1997 Pharmaceutical companies are going you see a lot of peer-reviewed arti- the area of patient databases. He to be committed to completing a SNDA cles—does not necessarily change my worked very closely with Senator in this bill. They have a greater incen- prescribing habits. As a physician, I am SNOWE and Senator FEINSTEIN. We are tive to continue research and clinical trained through medical school and grateful for their leadership in these trials on their projects. The additional residency and my years of practice to areas. Senator DODD has been a tre- benefits of receiving approval for new assimilate that information, reject mendous asset in helping to enact indications include product reimburse- what I don’t agree with or what I don’t broad-based reform this year. He has ment. Frequently you are not reim- think is good science and use, if I think been of steady, continual assistance to bursed for a medicine unless it is FDA it is in the best interests of my patient, us. approved. The incentive to get that ap- what is suggested. Also, the tremendous difficulties that proval is there if we have an appro- In closing, let me simply say that I we had with third-party review provi- priate barrier. Another is less product am disappointed that an objection has sions during the last Congress have un- liability. Many people believe if it is on been made to bringing to the floor the dergone substantial revision since it the label and you use that drug, that large bill that will strengthen the was first debated. Senator COATS in gives you some protection from prod- FDA. It is important that we do so. It particular has shown incredible leader- uct liability and therefore these manu- is important that we extend PDUFA, ship on this issue. This was a very dif- facturers have an incentive to get that which is the approval process sup- ficult area and Senator COATS has been supplemental new drug application ap- ported by the private sector, working magnanimous in his willingness to proved. Also, active promotion of the hand in hand with the public sector, spend many hours in bringing about product for the new use. which has been of such huge benefit to consensus. I certainly appreciate his I also heard in the debate last year patients. We should do so because we work. before the committee this whole idea will be able to get better, improved Senator WELLSTONE’s contributions of what peer review is. It is misunder- therapies for the treatment of cancer, to the area of reforming medical device stood by people broadly, but the con- pediatric diseases, blood-borne dis- reviews shows the breadth of the philo- cept of peer review is that I, as an in- eases, to the American people in a sophical collaboration we had on these vestigator, submit my data and my more expeditious way, and that trans- issues. Senator WELLSTONE introduced studies to the experts in the world who lates into saving lives. his own legislation to reform the medi- are not necessarily—who are not, in We need to bring this bill to the floor cal devices approval process and many fact—at my institution, not a part of now. We have bipartisan support. We of his provisions are included in this my research team. They are objective. have debated it. It was approved in a bill. There is no conflict of interest. They bipartisan way through the Labor and Also, of course, Senator KENNEDY has review the study, they review the pro- Human Resources Committee. If we do been of incredible help, as he has been tocol, they review how the study was so, we will be doing a great service to on so many issues. He has worked hard carried out, and decide is this good the American people. and I thank him for the number of science or is this bad science. And that I yield the floor. hours that he and his staff put into this is what peer review is. Typically, jour- Mr. JEFFORDS addressed the Chair. bill to make sure we arrived at a con- nals that are peer-reviewed have objec- The PRESIDING OFFICER. The Sen- sensus. tive boards that look at this data and ator from Vermont. I also thank Senator GREGG for work- either put on their stamp of approval— Mr. JEFFORDS. Mr. President, I, ing so hard on radio-pharmaceuticals, they don’t necessarily have to agree again, want to thank Doctor —Senator on streamlining the process for review- with everything, but they have to say FRIST who is a cosponsor of this bill ing health claims based on Federal re- it is good science and the study was and has lent his incredible expertise to search, and on establishing uniformity conducted in an ethical and peer-re- this effort. I especially thank him for in over-the-counter drugs and cosmet- viewed manner. his leadership, with Senators MACK, ics. The latter issue—cosmetic uni- So peer review is important. We have BOXER, and WYDEN, for their work in formity—is still giving us some trou- worked, again in a bipartisan way, in solving the off-labeling provision. ble. this bill, with the American Medical Their collaboration shows the broad But Senator GREGG has just been in- Association’s Council on Scientific Af- base of support this provision now has. credibly hard-working and effective fairs to agree on the definition of a Off-labeling was one of the most con- with this bill in handling four different quality peer-reviewed journal article in tentious provisions in the last Con- issues. order to ensure that high scientific gress. To come up with a solution of Also, the two amendments that Sen- standards are guaranteed; if a manu- that issue is a tremendous step for- ator HARKIN had on the third-party re- facturer sends out an article, it has ward. I want to talk a little bit, before view for medical devices and also his been peer reviewed. And we spell out in I wind things up here, about the broad work in other areas has been a very the bill that manufacturers will only base of support we have. great help and a demonstration of the be allowed to send out peer-reviewed Senator DEWINE, for instance, joined broad philosophical support that we articles from medical journals listed in with Senator DODD in offering impor- have and how we are working together the NIH, the National Institutes of tant amendments to establish incen- to bring about a consensus, hopefully, Health, National Library of Medicine’s tives for the conduct of research into before the end of the day on the re- Index Medicus. These medical journals pediatric uses of existing and new maining issues. must have an independent editorial drugs. Mr. President, before I cease, I would board, they must use experts in the Senator HUTCHINSON had an amend- like to take care of a couple of house- subject of the article, and must have a ment to establish a national frame- keeping matters here. publicly stated conflict of interest pol- work for pharmacy compounding with f icy. Again, building in, as much as pos- respect to State regulations which al- sible, the concept of educated scientif- lowed us to move forward on another PROVIDING FOR THE USE OF THE ically objective peer review. very contentious and important issue. CATAFALQUE Last, manufacturers will not be al- I also want to praise and thank Sen- Mr. JEFFORDS. Mr. President, I ask lowed to advertise the product. They ator MIKULSKI for being a cosponsor of unanimous consent that the Senate will not be allowed to make oral pres- this legislation, and the importance of proceed to the consideration of House entations. They will not be allowed to her help on PDUFA, of which she was a Concurrent Resolution 123, which was send free samples to health care practi- primary sponsor. We all benefit from received from the House and is agreed tioners. In other words, sending a Senator MIKULSKI’s determination to upon by both parties. health care practitioner, a physician, bring FDA into the 21st century, not The PRESIDING OFFICER. Without an independently derived, scientifically just for the benefit of her own constitu- objection, it is so ordered. The clerk significant peer-reviewed journal arti- ents, but for all of us. will report. cle is not promotion. As a physician, I I also would like to point out that we The assistant legislative clerk read know, reading a peer-reviewed article— had contributions by Senator DODD in as follows: July 28, 1997 CONGRESSIONAL RECORD — SENATE S8171 A concurrent resolution (H. Con. Res. 123) its agents are authorized to erect upon the But our American export perform- providing for the use of the catafalque situ- Capitol Grounds any stage, sound amplifi- ance to China is very poor. The Com- ated in the crypt beneath the rotunda of the cation devices, and other related structures merce Department reports $11.7 billion Capitol in connection with memorial serv- and equipment required for the event author- in goods exported in 1995, $12 billion in ices to be conducted in the Supreme Court ized under section 1. Building for the late honorable William J. (b) ADDITIONAL ARRANGEMENTS.—The Ar- 1996, and on track for the same level Brennan, former Associate Justice of the Su- chitect of the Capitol and the Capitol Police this year. Adding exports of services, preme Court for the United States. Board are authorized to make any other rea- the total is about $2 billion larger, but The Senate proceeded to consider the sonable arrangements as may be required to the trends are no better. concurrent resolution. plan for or administer the event. By contrast, our exports to the rest Mr. JEFFORDS. Mr. President, I ask f of the world have grown by 18 percent since 1995. So despite China’s size, de- unanimous consent that the resolution RECESS be agreed to; that the motion to recon- spite China’s economic growth, our ex- Mr. JEFFORDS. Mr. President, I ask sider be laid upon the table; and that port performance is weak and China’s unanimous consent that the Senate any statement relating to the resolu- importance as an export market rel- stand in recess until the hour of 3 p.m. tion appear at the appropriate place in ative to other countries is rapidly de- There being no objection, at 1:37 the RECORD. clining. p.m., the Senate recessed until 3 p.m.; The PRESIDING OFFICER. Without We should be doing much better than whereupon, the Senate reassembled objection, it is so ordered. this. There are two reasons for our when called to order by the Presiding The concurrent resolution (H. Con. weak performance. The first is that Officer (Ms. COLLINS). Res. 123) was agreed to. many of our own policies appear de- f f signed to cut our exports to China. And MORNING BUSINESS the second, larger problem, is Chinese AUTHORIZING USE OF CAPITOL protectionism. GROUNDS The PRESIDING OFFICER. Under We will start with the first point. Be- Mr. JEFFORDS. Mr. President, I ask the previous order, the hour of 3 p.m. cause while bringing down trade bar- unanimous consent that the Senate having arrived, there will now be a pe- riers takes a lot of work and hard nego- proceed to the immediate consider- riod of morning business. The first tiations, we can fix our own mistakes ation of Calendar No. 130, SEnate Con- hour of morning business is under the pretty easily. And let me offer three current Resolution 33. control of the Democratic leader or his examples. The PRESIDING OFFICER. Without designee. First, we bar trade promotion pro- objection, it is so ordered. The clerk In my capacity as a Senator from the grams like the Trade Development will report. State of Maine, I suggest the absence Agency, OPIC, and sometimes the The assistant legislative clerk read of a quorum. Eximbank from operating in China. as follows: The clerk will call the roll. The Senate took a good step forward The assistant legislative clerk pro- A concurrent resolution (S. Con. Res. 33) by passing my amendment last week authorizing the use of the Capitol Grounds ceeded to call the roll. showing the Asian Environmental for the National SAFE KIDS Campaign Mr. BAUCUS. Madam President, I Partnership to work in China, but we SAFE KIDS Buckle Up Car Seat Check Up. ask unanimous consent that the order have a very, very long way to go. The Senate proceeded to consider the for the quorum call be rescinded. We refuse to sell nuclear powerplants concurrent resolution. The PRESIDING OFFICER. Without to China. This is foolish enough when Mr. JEFFORDS. Mr. President, I ask objection, it is so ordered. we see that France and Japan are push- unanimous consent that the resolution Mr. BAUCUS. Madam President, I ing nuclear powerplant exports in our be agreed to; that the motion to recon- ask unanimous consent to speak for 10 absence. And it is almost surreal when sider be laid upon the table; and that minutes in morning business. you consider that we are actually giv- any statements relating to the resolu- The PRESIDING OFFICER. Without ing nuclear powerplants to North tion appear at the appropriate place in objection, it is so ordered. Korea. the RECORD. f We have an antiproliferation law that embargoes electronics exports if The PRESIDING OFFICER. Without TRADE WITH CHINA objection, it is so ordered. China sells missiles. That is, if China The concurrent resolution (S. Con. Mr. BAUCUS. Madam President, this misbehaves, we sanction ourselves. Res. 33) was agreed to, as follows: week the United States Trade Rep- This will not work. If we are serious resentative will conduct a set of talks about reducing the trade deficit, if we S. CON. RES. 33 on China’s accession to the World want a trade policy that creates jobs in Resolved by the Senate (the House of Rep- Trade Organization. Their results will resentatives concurring), America, we cannot routinely prevent have a great effect on our trade policy ourselves from exporting. SECTION 1. USE OF CAPITOL GROUNDS FOR NA- TIONAL SAFE KIDS CAMPAIGN SAFE for years to come. So this afternoon I That is part of the solution, but not KIDS BUCKLE UP SAFETY CHECK. want to take a few minutes to discuss the whole solution. Because while fix- The National SAFE KIDS Campaign and the reason these talks are important, ing our mistakes are important, struc- its auxiliary may sponsor a public event on the state of United States-China trade, tural economic issues and Chinese the Capitol Grounds on August 27 and Au- and a strategy that can help improve trade barriers do much more to cut our gust 28, 1997, or on such other date as the the situation. exports. Speaker of the House of Representatives and The reason these talks are important To date, we have used our own do- the President pro tempore of the Senate may jointly designate. is simple. China is a big market, a big mestic trade law to solve our problems, exporter, and a country with which we section 301 and Special 301, to bring SEC. 2. TERMS AND CONDITIONS. have a large and difficult trade agenda. (a) IN GENERAL.—The event authorized down trade barriers, the antidumping under section 1 shall be free of admission By virtue of population, only India and countervailing duty laws to fight charge to the public and arranged not to equals China as a potential export mar- dumping and subsidies. This policy won interfere with the needs of Congress, under ket. And China’s economic growth, at some results, and if necessary we conditions to be prescribed by the Architect nearly 10 percent a year throughout should continue using it into the fu- of the Capitol and the Capitol Police. this decade, is unmatched in the world. ture. But it is a slow and frustrating (b) EXPENSES AND LIABILITIES.—The Na- Much of this growth has come from policy which addresses individual, spe- tional SAFE KIDS Campaign and its auxil- trade. Twenty years ago, China barely cific problems rather than the full iary shall assume full responsibility for all expenses and liabilities incident to all activi- participated in world trade. It is now spectrum of trade barriers. We need a ties associated with the event. the world’s sixth largest trader and is more comprehensive approach. And we SEC. 3. EVENT PREPARATIONS. now our third largest source of imports have it in China’s application to enter (a) STRUCTURES AND EQUIPMENT.—Subject after Canada and Japan. If you count the World Trade Organization. to the approval of the Architect of the Cap- Hong Kong together with China, the WTO rules address most of our China itol, the National SAFE KIDS Campaign and figures are even more impressive. trade problems, from tariffs and quotas S8172 CONGRESSIONAL RECORD — SENATE July 28, 1997 to subsidies and distribution. If China conditions. If China agrees to a good path and cause a great deal of trouble accepts these rules, our trade future WTO deal, the Chinese have the right for a lot of Americans. may be much brighter than the to expect us to fulfill this commitment We have something called the univer- present. So I regard these discussions to them. It is good policy on the mer- sal service fund in this country because in Geneva as critically important and its. It is also the fair and honorable we wanted to provide telephone service view China’s entry to the WTO on com- thing to do. to all Americans at an affordable price. mercially acceptable grounds as very The right trade policy toward China How do we do that? Well, it costs a sub- much in our national interest. is clear. We must end restrictions on stantial amount of money to provide But these talks come with risks. If export promotion. We should bring telephone service for a very small town we sign a bad agreement, whatever we down China’s trade barriers through a because you have to have the same in- miss will stay there a long time. In fair WTO accession agreement, if we frastructure, and you have to spread that case, we should never expect much can, and through laws like Section 301, the costs over very few telephones. I from the China market. And we would if China is not ready to make a good come from a town of 300 people, so I set a dangerous precedent for other re- offer. When China does make a good know what that is about. It is much forming communist countries from offer, we should live up to our own re- different than the cost of providing a Russia to Ukraine to Vietnam which sponsibilities by making MFN status telephone in a city like New York, hope to enter the WTO. permanent. It can begin this week. where you have literally hundreds of To this point, China has not made ac- Thank you, Madam President. thousands, or millions of telephones, ceptable offers. And if they will not do Madam President, I suggest the ab- and you spread the fixed costs over it this week, we need to be patient. We sence of a quorum. millions of telephone instruments. need to hold out for a good deal. And a The PRESIDING OFFICER. The So we decided in this country we good deal basically means four things. clerk will call the roll. would offset the cost of telephone serv- First, it means market access. The assistant legislative clerk pro- ices for those very high cost areas, Today, Chinese tariffs rise to 120 per- ceeded to call the roll. where it might otherwise cost people cent for cars and 80 percent on beef. Mr. DORGAN. Madam President, I $50, $100, $200 a month to have a tele- They must go down, way down. We ask unanimous consent that the order phone. We would offset the cost to need much less restrictive quotas, abo- for the quorum call be rescinded. make it affordable for everybody by lition of unscientific barriers to agri- The PRESIDING OFFICER. Without charging everybody a little bit that cultural products, like the unfounded objection, it is so ordered. goes into a universal service fund, and claims about ‘‘TCK smut’’ on our Mr. DORGAN. Madam President, I that is used to drive down the tele- wheat, an end to unpublished quotas ask unanimous consent that I be al- phone costs in the very small areas. and regulations, no more unfair inspec- lowed to speak for as much time as I Why did we decide that was impor- tion rules, and an open market for consume as in morning business. tant as a country? Because the pres- services. The PRESIDING OFFICER. Without ence of every telephone makes every Second, we need an agreement by objection, it is so ordered. other telephone more valuable. If the China to accept basic standards of f folks in the big cities could never call trading behavior. Trade regulations people in small towns because the peo- THE UNIVERSAL SERVICE FUND must be the same in every port and ple in small towns found that tele- province all across China. Intellectual Mr. DORGAN. Madam President, it is phone cost was too expensive and property must be protected and tech- Monday today, and somewhere deep in therefore they didn’t have a telephone, nology transfer requirements outlawed. the bowels of this Capitol building, the the system would not work, would it? Restrictions on national treatment budget people are meeting to finalize a That is why we have the fund. must go. The government must aban- budget agreement in something called A year and a half ago the Congress don policies requiring investors to ex- the reconciliation bill, which deals passed the Telecommunications Act. It port all or part of their product rather with both spending and taxes. These was the first time in nearly 60 years than selling it to the Chinese. And re- are the budgeteers, the people that that Congress had reformulated the strictions on trading rights must end. come from the Budget Committees, laws on telecommunications. The Con- Third, there are subsidies. We need and they work on the budget; they gress also changed the universal serv- clear and visible separation between know the budget. They deal in almost ice fund some. Now, this is not money ministries, officials, and public taxes a foreign language, speaking to each that comes into the Government or on the one hand and private business other in a language that most Ameri- goes out of the Government. It is a on the other. And we need to preserve cans would not understand. Somewhere fund that is established that is admin- our safeguards against export subsidies down in the recesses of this building, istered and set up privately, or on a and dumping. Our antidumping law has they are now meeting, finalizing two quasi-private basis at least. special rules that calculate dumping reconciliation bills—one on spending What we have today is a new budget from noncompetitive economies. This and one proposing tax cuts. deal that is being put together in is the right policy, given the present The issue that brings me to the floor which the budgeteers are taking the state of economic reform in China, and today for a moment will also bring me universal service fund money—some of we need to keep it in place. to the floor tomorrow morning on an it—and bringing it into the Federal Fourth, results and enforcement. amendment that I have offered. It deals budget and then spending it out again China, as a large partially reformed with something that most Americans and using it to manipulate their num- economy, presents questions the GATT will not recognize; it is called the uni- bers to plug a $2 to $4 billion hole that and WTO have never encountered. So versal service fund. Somewhere in this will show up sometime in the year 2002. we ought to have some benchmarks to room, where these budgeteers are If this sounds like foreign language measure success, including objective working, they have a hole in their to most Americans, I can understand measures of Chinese imports, and a budget plan. In other words, it doesn’t that. But it won’t sound like foreign prearranged system of consultation if quite add up. So when something language if the manipulation and mis- we see things going wrong. And when doesn’t quite add up, what do you do? use of the universal service fund means problems arise, if they do, we must be Well, in this case you get a different that, in the longer term, people in ready to enforce our rights. adding machine. You can actually small areas, in small towns and rural Of course, a good WTO accession build an adding machine that adds it areas, end up paying much higher works in both directions. And that up the way you want. So they plug this monthly telephone bills because of it. brings me to the third part of a better hole with a plug number, and the plug There is no excuse, no excuse at all, China trade strategy. number they use in their budget hole is for people who are now negotiating As GATT and WTO members, we have called the universal service fund. I today on this budget deal to be talking always, as Americans, accepted one want to describe what it is and why about manipulating or misusing the basic commitment; that is, MFN for all what they are doing is fundamentally universal service fund. It doesn’t be- members, permanently and without wrong and will lead us down the wrong long to the Federal Government, July 28, 1997 CONGRESSIONAL RECORD — SENATE S8173 doesn’t come into the Federal Treas- there. It said, ‘‘manager’s parking Do you know that we import more ury, and is not to be used or misused by space.’’ Then below it, it said, ‘‘don’t cars from Mexico into the United the people who are putting this budget even think about parking here.’’ I States of America than the United deal together. thought, wow, I bet no one thinks States exports to all of the rest of the Now, I raised this issue last week, about parking there. That is what this world? Think of that. We import more and it doesn’t mean a thing, appar- Congress ought to say to the people ne- cars from Mexico to our country than ently. You know, there are some people gotiating these deals: Don’t even think we export to the rest of the world. We who apparently just can’t hear. I think about doing something like this. It is were told that if we would just do this the budgeteers are in a soundproof not the right thing to do. It misuses trade deal with Mexico, all it would room and don’t hear. The Senator from funds that are not yours. Don’t even mean is that the products of low- Alaska, Senator STEVENS, has raised think about it. skilled labor would come into this objections to this. Senator MCCAIN has f country from Mexico but certainly not raised objections to it. Senator HOL- high-skilled labor. FAST-TRACK TRADE AUTHORITY LINGS has raised objections to it. I have What comes from Mexico? Cars, car raised objections to it. Others on the Mr. DORGAN. Madam President, be- parts, electronics—exactly the opposite floor of the Senate have raised objec- cause the Senate has very little busi- kinds of products given the assurances tions. It doesn’t seem to mean a thing. ness today, I wanted to come to the that we were given when the deal was They just do their thing in this room. floor to talk about the universal serv- done with Mexico. I didn’t support the And the White House is negotiating ice fund issue. But because we don’t North American Free-Trade Agree- with the Republican leadership in Con- have much else to do, I need to unbur- ment—this so-called free-trade agree- gress. That is why the deal is being den myself on a couple of other issues. ment with Mexico. They attached a struck. Somehow there will be some This deals with a subject discussed free-trade handle to this agreement. immaculate conception announced by my colleague from Montana, Sen- That is another name thing—free from some room here in the Capitol in ator BAUCUS, on the issue of trade. He trade; free lunch. There is no free the coming hours, maybe later today, was discussing one small issue with re- lunch. The fact is there is nothing free tomorrow, or Wednesday. There is no spect to China and the WTO. I want to about free trade. chance to get into that deal and pull talk about another issue that is going You would think our trade nego- something out that is as egregious a to be the subject of substantial debate tiators ought to be able to go out and mistake or an abuse as this is, because in the month of September. When we negotiate a trade agreement that we then we will only have a certain num- get back from the August recess, which would win from time to time. Why is it ber of hours, and we will be able to Congress will take, we are told that the that our trade negotiators seem to lose vote ‘‘yes’’ or ‘‘no’’ on the construct of administration will request from this every trade agreement that they enter this deal. Congress something called fast-track into? Then there is Canada. We had a free- The reason I came to the floor is to authority for trade negotiations. trade agreement with Canada. Now the say that if there are people who are Fast-track authority, again, is a trade deficit with Canada has gotten putting this together and if they are in term that doesn’t mean much, perhaps, much worse. We have a peculiar and fact listening, listen carefully and lis- to most. Everything with fast seems to difficult circumstance with our Cana- ten closely: You are doing the wrong me to connote something that is kind dian border up in the North Dakota thing. You are making a mistake. This of interesting. There is fast food, fast area with the flood of unfairly sub- money doesn’t belong to you. This talk, fast track. It all kind of connotes sidized Canadian grain coming south money ought not to be used to plug a doing something unusual, not taking time to prepare. Fast track means that across our border. hole in the budget. If you are going to How about Japan or China? We have somebody can go negotiate a trade add something up, add it up honestly. massive trade deficits every single year agreement someplace, bring it back to If you come up short, find an honest with these countries. And the trade Congress, and once they bring it to way to cover the shortfall. Do not mis- deficit doesn’t diminish. It doesn’t get Congress nobody in Congress has the use or manipulate the universal service smaller. It doesn’t improve. These right to offer amendments. That is fast fund. trade deficits are abiding deficits every track. To me that is undemocratic. But I saw on television once a program by single year. a fellow named David Copperfield, a it is called fast track. What does it mean to our country great illusionist, and he provided mar- We have negotiated several trade when you have a long-term trade defi- velous entertainment, creating these agreements under fast track. All of cit? With China it has gone from $10 wonderful illusions for his television them have been abysmal failures, ter- million up to $40 billion in a dozen audience. Most people, like me, under- rible failures. We were told that we years. As a result, our country has be- stood it was a trick. The wonderment should grant fast track authority once come a cash cow for China’s hard cur- was, how did they do that trick? I don’t again so our trade negotiators can go rency needs. It is fundamentally unfair understand it. But with respect to illu- abroad and negotiate new trade agree- to our workers in our country, and it is sions performed by Mr. Copperfield, I ments with other countries. unfair to our factories and our produc- suppose everybody understands it’s Let me review for just a moment ers in our country. trickery. what this has gotten us, and why I and People say, ‘‘Well, but those of you Why don’t we understand in Congress some others in this Chamber intend in who do not like these trade agree- when we create an illusion like this in September to come and aggressively ments, you just do not understand. You the budget, it is also trickery, and oppose both the President and those in do not have the breadth and the ability trickery doesn’t belong in these budget this Chamber who want to extend fast- to see across the horizon. You do not agreements. It doesn’t belong here, and track trade authority. We asked for see the world view here.’’ What we do they ought not bring to it the floor, fast-track trade authority for negotiat- see is this country’s interests. using the universal service fund—or I ing a trade agreement with Mexico, our I am all for expanding our trade. I am should say misusing those funds. neighbor to the south. Do you know all for fair trade. But I will be darned We will vote on that tomorrow. I of- that just before we negotiated a trade if we ought to stand in this country for fered an amendment last week, which agreement with Mexico under fast a trade relationship—the one we have is scheduled for decision in the morn- track that we had a trade surplus with with Japan, the one we have with ing. We will, if we are not too late, Mexico? In other words, our trade bal- China, the one we have with Mexico, or send a message to the budgeteers: Do ance was to our favor—not much, but a Canada for that matter, and others— not do this. It is the wrong thing. trade surplus. So we negotiated a trade that allows our producers and our I said on Thursday that I recall at a agreement with Mexico. workers to be put in a position where motel in Minneapolis near the airport, Guess what happens? Now we have an they cannot compete against unfair they had a little sign where the man- enormous trade deficit with Mexico. trade. ager parked. It was near the front door, What has happened to American jobs? We cannot and should not have to so I suppose everybody wanted to park They go to Mexico. compete in any circumstance with any S8174 CONGRESSIONAL RECORD — SENATE July 28, 1997 country that produces a product using have people immediately jump up and The American people would look at 14-year-old kids working 14 hours a say, ‘‘Yes, you people are against free Medicare and probably conclude that it day, being paid 14 cents an hour, and trade. You are a bunch of xenophobic, was a very important program. I hap- then ships their product to Toledo, isolationist stooges who simply don’t pen to be a supporter of Medicare. I Fargo, Denver, and San Francisco. understand this world now is a smaller think it was a very important program Then we are told, ‘‘You compete with world. We from day to day and minute for this country to develop. that, America. You compete with to minute have trade relationships Prior to the 1960’s, when this country that.’’ We shouldn’t have to compete with each other all around the globe, developed the Medicare Program, far with that. and you don’t understand that. You fewer than half of the American senior When we put people in our factories, never have gotten it, and you don’t get citizen population had any health in- we have a child labor law. When we put it now.’’ We hear those discussions vir- surance at all—and that was for obvi- people in our factories, we have a mini- tually always when we raise the ques- ous reasons. There are not insurance mum wage. When our people work in tion of trade. companies formed in this country to our factories, we have air pollution On the other hand, I think maybe run around seeing if they can provide laws against polluting air and against those who view us in such a cavalier unlimited insurance to people who are polluting water. way will have to deal with the insist- reaching an age of retirement and Then a producer says to us, ‘‘Well, ence of some of us that we finally must where they are going to need more and that is fine if you want to do that. If as a country insist on fair trade rela- more health care in older age. It is not you want to protect children, pay a de- tionships. Perhaps they will begin to the way insurance companies make cent wage and protect your air and understand these abiding and long- money. Insurance companies search for water, we will go elsewhere. We will term trade deficits. Incidentally, the that healthy 25-year-old who is not produce elsewhere. We will produce in largest trade deficits in the history of going to need any health care and sign China, Sri Lanka, Bangladesh, and our country are occurring now. We cur- them up to pay health insurance pre- miums. All of us know that. That is Mexico. We will produce elsewhere rently have the largest merchandise where insurance companies make where we are not nearly as encumbered trade deficits in our history. Maybe money. Do you know of an insurance by the niceties of production such as they will come to understand that company that says, ‘‘Our mission in child labor laws or minimum wages.’’ these trade deficits will retard this country’s long-term economic growth life is to make a profit by searching We shouldn’t have to put up with that. out old folks and seeing if we can pro- The point I am making is this: Those and hurt this country and we must do something about them. vide insurance to old folks’’? I don’t who come to us in September and say, think so. That is not the way it works. ‘‘Give us fast-track trade authority so There is great anxiety in this Cham- ber—and has been for a long while— In order to have health insurance for we can go out and negotiate new trade about the budget deficit. We have made people at any age, they would have to agreements,’’ ought to understand that enormous progress in reducing that charge so much that most people some of us believe that you ought to budget deficit. But there has not been couldn’t afford it. The result was that correct the old trade agreements you a whisper in this Chamber about sug- in 1955, 1960, 1962 fewer than half of have first. You ought to correct the gesting we do something about the America’s senior citizens had any problems that are causing massive largest trade deficit in American his- health care coverage at all. deficits with Mexico, massive trade tory. That trade deficit relates to jobs, We passed Medicare and made certain deficits with China, and massive defi- economic opportunities, and the future that the fear of reaching retirement cits with Japan. of this country as well. It is long past age and not having health care cov- I am not saying that we want to close erage would be gone forever. Medicare our markets to them. Instead we need the time when we do something about it. guaranteed those citizens who reached to be saying to them, ‘‘When you want that age—age 65—that they were going f to buy things, then you buy from us.’’ to have health insurance coverage. And We say to China, ‘‘If you have a $40 bil- MEDICARE WASTE, FRAUD, AND it has been a marvelous program in lion trade deficit with us, when you ABUSE many ways. After health care was pro- want to buy airplanes, you buy them Mr. DORGAN. Madam President, I vided for senior citizens in the early from us. When you want to buy wheat, would like to make comments on one 1960’s in the Medicare Program, 99 per- you come shop in this country.’’ additional subject today, a subject that cent of the senior citizens in this coun- Instead, China shops around the many of us are working on in both the try have coverage for health care—99 world for wheat. When it needs air- Republican and Democratic caucuses, percent. That is a remarkable success. planes, it says to one major American and one that is also very important to Something else has happened in this airplane company, ‘‘By the way, we our country. intervening period, and it is also called would like to buy your airplanes, but The inspector general about a week success. People are living longer and we want you to manufacture them in and a half ago in Health and Human living better. Medical breakthroughs China.’’ Services released a report on the Medi- extend life in a very significant way. That doesn’t work. It is not fair care Program, and indicated to us in One-hundred years ago at the turn of trade. It is not the way the trade sys- Congress and to the American people this century, if you were alive, you tem ought to work. that they felt that as much as $17 bil- were expected on average to live to be Those of us who feel that way in Sep- lion to $23 billion a year is essentially 48 years of age. One century later, you tember are going to be here on the wasted in the area of Medicare, for a have a reasonable expectancy to live to floor saying fast-track trade authority range of reasons and a range of areas— be 78 years of age—from 48 to 78 in one ought not be extended. What we ought waste, fraud, and abuse. They describe century. That is progress. These days, to do to the extent that we have the bills that were inappropriate, bills that on average, you live to 77 or 78 years of energy is to fix the trade problems that were erroneous, services billed for that age. You have a bad knee, replace the now exist—yes, in NAFTA, in GATT, were never provided, and some fraud. knee; a bad hip, replace the hip; cata- and in bilateral trade relationships The reason that is an important re- racts, get surgery, and you can see with Japan and China and others. That port is that it follows on the heels of again. Plug up your heart muscle for is the job we should be doing. Congress the Government Accounting Office, the over 50 or 60 years, open the chest and has the responsibility to insist the ad- inspector for the Congress, the GAO, unplug the heart muscle with open- ministration does it, and Congress it- which also had indicated that it felt heart surgery. I have been to meetings self needs to be involved in doing it. somewhere in the neighborhood of $20 where people have stood up at a meet- I know what will happen when we do billion to $23 billion a year is wasted in ing and said, ‘‘You know, I have a new that in September when the adminis- the area of Medicare. By ‘‘wasted,’’ I knee. I have a new hip. I had cataract tration asks for fast-track authority mean waste, fraud, and abuse. surgery and had some blockages re- and some of us stand up and say, ‘‘Wait A good number of people have tried moved with heart surgery,’’ and then a second; we wonder whether this is in to tackle this subject at one time or said, ‘‘and we are sick of the Govern- the interests of our country.’’ We will another and with some limited success. ment spending money.’’ July 28, 1997 CONGRESSIONAL RECORD — SENATE S8175 Well, all of that cost money in Medi- The PRESIDING OFFICER. Will the A BALANCED BUDGET ACT AND care. It is remarkable. It is breath- Senator withhold any suggestion of a TAX RELIEF taking. It is wonderful that people live quorum call for an announcement by Mr. COVERDELL. Mr. President, I longer and medical breakthroughs the Presiding Officer? have just returned from my home allow them the opportunity to walk Mr. DORGAN. Yes, of course. State and I can certify that the issue of when they couldn’t have previously f a balanced budget act and tax relief is walked and see when they couldn’t ENERGY AND WATER DEVELOP- on the minds of a lot of Americans. Ev- have seen—and to do other things that erywhere I went, whether it was step- give them a better life. But it is also MENT APPROPRIATIONS ACT, 1998 ping out for lunch or meeting with var- very costly. It has costs with expanded ious groups, somebody would come up Medicare payments, and all of us must The PRESIDING OFFICER. Under a and say: Get this done. Hold firm. Stay understand that. previous order, the Senate just having the course. This program has grown largely be- received H.R. 2203, the energy and America wants this to happen. Amer- cause of success. The life span in- water appropriations bill, all after the ica wants a balanced budget act to pass creases with breakthroughs in medical enacting clause of the House bill is and be signed by the President. It will care. All of that spells more money in stricken and the text of S. 1004, as be the first one in nearly 30 years. That Medicare. We understand that. I think passed by the Senate, is inserted in lieu is hard to believe, that we have so the American people accept that as a thereof. The Senate insists on its abused our financial health that this success story, except no one will be- amendment, requests a conference with will be the first balanced budget we lieve it is a success story to have a pro- the House, and the Chair is authorized will be passing in 30 years. And they gram that has up to $20 billion a year to appoint conferees. want the tax relief. I don’t think I have of waste in the program. When the The PRESIDING OFFICER (Ms. COL- met a citizen that didn’t, in some way, American people hear the stories that LINS) appointed Mr. DOMENICI, Mr. start calculating, like the young coun- for a bottle of saline solution that you COCHRAN, Mr. GORTON, Mr. MCCONNELL, ty commissioner I met who is a farmer can go down to the drug store and buy Mr. BENNETT, Mr. BURNS, Mr. CRAIG, and a full-time county commissioner, for $1.03 and Medicare pays $7.90 for it, Mr. STEVENS, Mr. REID of Nevada, Mr. and he has two children. He said, ‘‘If they have a right to say, ‘‘What on BYRD, Mr. HOLLINGS, Mrs. MURRAY, Mr. that measure passes, that’s going to Earth is going on here?’’ Medicare will KOHL, and Mr. DORGAN conferees on the save my family $1,000, $500 per child.’’ pay $211 for a home diabetes monitor part of the Senate. Or the elderly couple who are con- used by diabetics to test their blood The PRESIDING OFFICER. Under a cerned about maybe selling their home sugar levels. You can buy the same one previous order, the passage of S. 1004 is and relocating, who are concerned not for $211 but for $39 at the local vitiated and the bill is indefinitely about the capital gains tax that cur- store; or the gauze pad that Medicare postponed. rently rests against that property. Or paid $2.33 for that you can buy for 23 Mr. DORGAN. Madam President, I the family that talked about the oner- cents. The American people have every make a point of order that a quorum is ous nature of death taxes in America, right to say, ‘‘What on Earth is going not present. the kinds of decisions and pressures it on? If you can’t run a program, get a The PRESIDING OFFICER. The puts on small businesses and family crowd in here that can run a program.’’ clerk will call the roll. farms. They really do want this done. I Or, ‘‘If the Congress can’t pass the laws The assistant legislative clerk pro- hope, as I said last week, the President to make sure it is run the right way, ceeded to call the roll. will set aside the partisan nature of then get somebody else to pass the Mr. COVERDELL. Mr. President, I this issue, and trying to one-up some- laws to make sure it is run the right ask unanimous consent that the order body else, and just get it done. way.’’ for the quorum call be rescinded. I was reading in today’s Washington We ought to aggressively pursue The PRESIDING OFFICER (Mr. AL- Post, it says: fraud. When we see people committing LARD). Without objection, it is so or- Congressional Republican leaders said last fraud in Medicare, we ought to send dered. night they were on the verge of a final budg- them to jail, arrest them and prosecute f et and tax agreement with the White House them, and say, ‘‘You commit fraud after making a major concession on the pro- against the American people, your ad- THE VERY BAD DEBT BOXSCORE posed $500-per-child family tax credit and dress is going to be your jail cell to the dropping their insistence on ‘‘indexing’’ a re- Mr. HELMS. Mr. President, at the duction in the capital gains tax. end of your term.’’ When we see over- close of business Friday, July 25, 1997, Or, in the New York Times, Monday, billing and overcharges, when we see the Federal debt stood at July 28: administration that is not competent, $5,369,530,452,476.10. (Five trillion, three Budget Deal Down To ‘‘Small Issues,’’ we need to take action. hundred sixty-nine billion, five hun- The inspector general report of a Gingrich Declares. Spokesman for President dred thirty million, four hundred fifty- week and a half ago sends another Says Assessment Is Premature—Meetings two thousand, four hundred seventy-six warning to this Congress that we must Continue. take action to prevent this kind of dollars and ten cents). This is something that both the lead- Medicare waste, fraud, and abuse. One year ago, July 25, 1996, the Fed- ers of our House and Senate and Presi- Mr. President, $20 billion a year is eral debt stood at $5,181,309,000,000 dent should really come forward on, outrageous. If we are going to continue (Five trillion, one hundred eighty-one get it done, and make a statement that the support that is necessary for a billion, three hundred ninety million). we have, in a bipartisan way, produced Medicare Program that is important Twenty-five years ago, July 25, 1972, major policy. I would revisit, once for this country, this Congress has to the Federal debt stood at again, the fact that if the leadership of take action and take action soon. $434,583,000,000 (Four hundred thirty- both parties in the Senate, the leader- There are some remedies in the rec- four billion, five hundred eighty-three ship of the Finance Committee, both onciliation bill that will come to the million) which reflects a debt increase parties, the leadership of the Budget floor this week but not enough. We of nearly $5 trillion—$4,934,967,452,476.10 Committee, both parties, if they all must do much, much more. I know (Four trillion, nine hundred thirty-four could find a balanced budget act and a there are Republicans and Democrats billion, nine hundred sixty-seven mil- tax relief act on which they could in this Congress anxious to work to- lion, four hundred fifty-two thousand, agree, it ought to send a pretty power- gether on this problem to hopefully four hundred seventy-six dollars and ful message to the President and his prevent there from ever again being an- ten cents) during the past 25 years. administration. Remember that 73 other GAO report or inspector general The PRESIDING OFFICER. Under Members of the Senate, a majority of report that provides this kind of awful the previous order, the hour of 4 p.m. both parties’ conferences, voted for the news about a Federal program that is having arrived, there will now be 1 Balanced Budget Act, and 80 of them so important to so many Americans. hour for morning business under the voted for the Tax Relief Act. Madam President, with that I con- control of the Senator from Georgia, I don’t know what more proof you clude my remarks. [Mr. COVERDELL]. could have that these proposals are S8176 CONGRESSIONAL RECORD — SENATE July 28, 1997 well-founded, evenly distributed, and health, transportation, get the country President’s tax increase. We sent the essentially fair. Perfect? No. That’s not up in the morning and off to work and President a tax relief package, about possible in this environment. But any- school, and prepare their families and $245 billion, but he vetoed it. So he thing that can get that kind of support children for stewardship when it is kept that tax burden in place and on of the leadership, as I said, of both par- their time to lead. In a situation where the back of every worker and every ties, that is a powerful statement and I they are paying more in taxes than working family. hope the President would take note of housing, education, and food combined, We have been through another elec- it. we have a problem in America. If the tion. We had a President who said the I would like to take just a few min- forefathers were here and could see era of big Government is over. We had utes and put these two major pieces of what we have been confiscating and a Republican majority in the Senate legislation in context. I think it would taking out of the checking accounts, and the House committed to reining in explain why somewhere between 60 and and taking away from those who the size of Government, committed to 75 percent of the American public earned their income, they would be balancing our budgets, committed to wants this to happen. Let’s just go stunned. They would think this was a lowering taxes and, finally, the conver- back to the beginning of this decade, violation of the essential premises gence of these two agree to a 1990. In 1990, under the Bush adminis- upon which the Nation was founded, minimalist—what this is—a minimalist tration, a historically high tax in- which included economic freedom. tax relief. But nevertheless, it is mov- crease was passed in August 1990. In Let me put this in another context. ing in the right direction. It is moving round numbers, about $250 billion of My mother and father, born in 1912 and in the right direction, and it will be new tax burden were put on American 1916, kept 80 percent of their lifetime significant to millions of American workers and their families. A lot of paychecks to do the things I mentioned families. I hope that it is but the first people feel that had much to do with a moment ago: raise the family—me step and that a healthier economy President Bush being defeated in the and my sister—educate, house, provide would produce yet a new opportunity following election, in 1992. I think for health and prepare for stewardship. to lower the tax burden. there were a lot of issues involved, but My sister is 10 years younger than I. From my perspective, a worker in many feel that was the turning point. She will keep about 50 percent of her America ought to, at a minimum—at a On top of that, his opponent, soon-to- lifetime paycheck, and her daughter, minimum—keep two-thirds of their be-President Clinton, was campaigning my niece, who has just begun her ca- paycheck. Just two-thirds. It ought to across the country that he was going to reer under the current scheme of be more. Getting to a position where lower taxes, pointing to that tax in- things, will only keep about a third of they can keep two-thirds is a herculean crease of 1990. ‘‘The middle class needs her lifetime paychecks. task. They are currently keeping 47 to a break,’’ he said. He was elected in My niece is not going to be free, by 50. On an average basis, that means 1992 and came to Washington as the the American definition I understand, this Congress, this President ought to new President. However, before he had if 70-plus percent of her paycheck is be working to keep $8,000 per year— moved into the White House, he had going somewhere else and she is left $8,000 per year—in the checking ac- discarded that promise, and, by August with a third of the money she earns to count of every average family across 1993, in his first year in office, instead do her job in life. Her options have America. of lowering taxes on the middle class, been severely constrained from those of Just think what those families could he raised them. He raised taxes to an her grandmother and grandfather. do with that resource in the context of all-time—in an all-time historical—in Those options that my dad and my education, health insurance, housing, the size of the tax increases, it was mom had are the very things that recreation, savings. American families even larger than the previous one made America what it is. don’t save anything. They can’t save which occurred in the Bush administra- My dad began his career as a coal for the rainy day. They can’t save for tion. It was over $250 billion. So, be- truck driver. Had he been born in the education upfront. They are having a tween 1990 and 1993, the American sphere of the Soviet bloc, I am con- hard time saving for retirement. workers and their families suddenly vinced he would have died a coal truck What can you save, Mr. President, were carrying a half a trillion in new driver. But, instead, he lived a life of after the Government has marched taxes, and they were paying the high- entrepreneurial spirit and dreams and through your checking account and est tax levels they had ever paid. visions, creating businesses and jobs, walked off with over half of it? Talk It is little wonder there is so much the very things that economic freedom about freedom. I sort of look at it this anxiety in middle America and their have done for our country. The genesis way. If somebody marches through my families. Even with the economy in of all American glory is our freedom, checking account and takes over half reasonably good shape, the enthusiasm and one of the cornerstones of that of what I earn, they—it—has more to is less than wondrous. I decided about freedom is economic freedom, eco- do with my life than I do. In family 2-years ago to take a look at that fam- nomic choices that families and work- after family across our land, that is ily. That family in Georgia, and I think ers in America can make that families what is happening today, and that is this would be true in most of our and workers in many countries around why this tax relief proposal is on tar- States, earned about $40,000 a year in the world could not. get and correct, and the President gross income. Typically, both parents Which brings me to the point I am needs to come forward, meet, as is work today, as you know. And when trying to make about the importance being endeavored here of the leadership President Clinton came to Washington, of this tax relief proposal. Keep in of the Congress trying to meet him they were only keeping about 53 per- mind what I said a moment ago. In halfway—just like what happened be- cent of their paychecks. After they 1990, $250 billion in new taxes were laid tween the Democrat and Republican paid for State taxes, local taxes, and on the backs of American workers and leadership here in the Senate —and get Federal taxes, cost of Government and families. In 1993, though promised tax this done. Get this done for those aver- their share of higher interest rates be- relief, they got another $250 billion in age checking accounts and start find- cause of a $5.4 trillion national debt, taxes. So we now have, in 3 years, a ing a way to get that $8,000 back into they were keeping 53 cents on the dol- half a trillion in new taxes. This pro- the average checking account of the lar. Unfortunately, today they are only posal we are talking about is really average working family across our keeping 47 cents on the dollar. The de- only a first step. The net tax relief is country. cline in their disposable income $85 billion and you have to stand that There is one feature in the Senate marches on. against the $500 billion new tax burden. proposal that we sent across to the These families, in my view, have It really only represents relief of House. We added it in the debate here. been pressed to the wall, and we have about 20, 25 percent of the taxes that As you know, the President has called made it exceedingly difficult for these have been put on the backs of these for $35 billion of the tax relief should families to do what we have always de- people in the last 36 months. be in tax advantages that occur against pended on the American family to do, In the last Congress, the new Repub- tuition and higher education and tax that is, educate, house, provide for lican majority tried to refund the credits that occur for families who July 28, 1997 CONGRESSIONAL RECORD — SENATE S8177 have students in higher education. ily regarding education at the elemen- What a great message to send Amer- That is a huge piece of the $85 billion, tary level and high school level. ica as it enters into the final month of I might add. He and his colleagues are Mr. President, the administration the vacation summer to begin the ag- arguing that this tax relief for families has voiced concerns about this, and gressive era of the fall to say, ‘‘We, the that have students in higher education they are beyond me. What would be the Congress and the President, came to- is the most important component of it, logic of denying a family the oppor- gether and have secured a balanced in his mind. tunity to have this savings account budget the first time in 3 decades, and There are some critics of that. I can and to draw on it for computers, home we, Congress and the President, have support that, because it at least is schooling, tutoring, transportation, or obtained a tax relief act first in a dec- leaving those dollars in the checking tuition? I find it most difficult to un- ade and a half.’’ It would be a powerful accounts of those families. I personally derstand how we could object to that message to send to our country and the believe it should be broader based. I at the elementary and high school world at this time. think if a family wants that tax relief level. I have a little bit more to say about to buy a new home, if a family wants Do we not have confidence in these that, but I see that we have been joined that tax relief to deal with other prob- parents that they can make decisions by the distinguished Senator from lems—health—they ought to have the about how to improve the situation for Washington. And I yield as much time option. It ought not to be just tax re- their children at the level of education as the Senator requires to comment on lief only if you are a family that has a that is certifiably the most troubling these subjects of balanced budgets and child confronting the cost of higher in America, that is producing data that taxes. education. That is fine, too, but it has every American across our land Mr. GORTON addressed the Chair. ought to have been broader. But in the worried and bothered, that we are not The PRESIDING OFFICER. The Sen- series of compromises with the Presi- competing at this level with students ator from Washington. dent, we will probably come very close of the industrialized nations around Mr. GORTON. Mr. President, we here to honoring his request. the world? Why wouldn’t we want to in the Congress and the White House In my view, while cost of higher edu- focus, why wouldn’t we allow that tax seem at this point to be on the verge of cation is critical, the problem in Amer- credit to go into a savings account an agreement which will pay two mag- ican education is in grades 1 through once it has been put in place, which nificent dividends to the American peo- 12. It is at the elementary level. It is in you could also add to this savings ac- ple. high school. Look at the data. Some- count? The first is the promise of a balanced where between 50 and 60 percent of the Mr. President, as I said, there have budget, not just one time, not just on a students coming to college this Sep- been objections raised regarding this touch-and-go basis, but perhaps with a tember will not be able to read pro- very simple and, I think, straight- sufficient number of reforms on spend- ficiently. forward and clean proposal. I am ing policies so that we can reasonably Look at the comparison of our read- pleased to say that as of the hour of expect a balanced budget for a consid- ing skills, our math skills, our science 4:30 on Monday, July 28, after a series erable period of time in the future. skills against the other industrialized of conferences, first between the Sen- Even the promise of that balanced nations. And I am talking about the ate and the House to come to a con- budget, Mr. President, a promise made students that are coming out of our el- gressional agreement, which has been 2 years ago by the first Republican ementary and secondary schools get- done and that is important—the House Congress, has been largely responsible ting ready for college, and we don’t and Senate have met and concurred for interest rates, on average, to be 11⁄2 look very well. Everybody knows it. We and they have agreed that this position percentage points lower than they were are at the bottom of the list time and shaped by the Senate should be in the when that Congress came into being. time again. One through 10, we will be congressional proposal, and it is. I For a middle-class family with an 10. thank the conferees, and I thank the $80,000 mortgage and $15,000 automobile So I think the President’s proposal Speaker, in particular, for fighting to loan, that means $100 more a month for was weak on the failure to address is- keep this proposal in the mix. the family to use or to save or to spend sues at the elementary level, and I of- So we are now down to a point that on its own rather than on interest pay- fered an amendment, along with our the only opposition to this concept ments. colleagues, which said that the savings would be the President, who would be, Beyond that, Mr. President, it means accounts that were created also for I guess, saying it’s not a good idea for that the United States will have sub- higher education, in the version that families to be able to have savings ac- stantially ended the practice of spend- came from the Senate Finance Com- counts that accrue resources that ing money that it did not have year mittee, said you could take after-tax would allow families to make prudent after year after year, borrowing that dollars, up to $2,000, and put them in a decisions about how to help students, money and sending the bill to our chil- savings account and the buildup would their children, confront the one arena dren and to our grandchildren. be tax-free. in American education that is so trou- The second wonderful dividend which So when you took it out to pay for bling, that is having so much dif- we seem about to present to the Amer- costs of higher education, you would ficulty, that is sending youngsters to ican people is tax relief. Just 4 years not pay taxes on the interest that had college who are having trouble with ago, perhaps to the month, we were accrued. That is a good idea. But my the basic skills of reading and writing here debating—and on this side of the amendment took it down to grade one and arithmetic. The ABC’s, the things aisle opposing unsuccessfully—what and said you could use the buildup to that every student who is going to be turned out to be the largest tax in- pay for costs associated with elemen- successful in college, who is going to be crease, measured in dollars, in the his- tary and high school. We said you successful in their career must know. tory of the United States. could take it out for home schooling. We are not getting that job done. This Today, that debate, that idea is bur- We said you could take it out for trans- is but a small step in allowing this ied, if not forgotten. And we have portation. We said that you could take kind of opportunity or this one more changed the entire direction of the de- it out for computers or tutoring. We option, one more ability to deal with bate here from how much more can we said you could take it out for tuition. this troubling arena in American edu- spend and how much more can we tax If you, the family, decided that you cation. to how can we limit the spending hab- wanted your child to go to some other So I am very hopeful, and I call on its of the Government of the United type of school, you could use these the President and his administration States and what kind of dividend in the funds to help pay for that. to agree to the education IRA to be form of tax relief can we return to the If you put the maximum contribution used for a child’s education, grades 1 American people. in, by the time the child was ready for through 12, and leave this in the tax re- We now talk about tax relief rather first grade, you would have $15,000 in lief package that we hope will ulti- than about tax increases. The debate that account to help deal with deci- mately be done and hopefully done this over what kind of tax relief, Mr. Presi- sions that were important to that fam- week. dent, has obscured the profound nature S8178 CONGRESSIONAL RECORD — SENATE July 28, 1997 of the change in this debate. It is all for his comments regarding these im- being taxed at the highest rate ever, too easy to forget that it has only been portant topics. that it gives to the American investor for the last 2 years that we have seri- At this time I yield up to 5 minutes an opportunity to change the character ously been debating tax relief. My to the distinguished Senator from of his or her investment to create even friend and colleague from Georgia just Idaho. more jobs, to keep the economy even pointed out, quite accurately, that this The PRESIDING OFFICER. The Sen- stronger than it is today for a longer will be the first tax relief for the Amer- ator from Idaho. and a more sustained period of time ican people in more than a decade and Mr. CRAIG. Mr. President, thank you and that says to the less fortunate in a half. very much. our country, you too will benefit, you Mr. President, many may say that And let me thank the Senator from too will benefit by being able to keep this tax relief proposal is modest. And Georgia for bringing us to the floor more of your hard-earned dollars. And modest it is. It is perhaps one-third as this afternoon to discuss what hope- it says to those who are concerned large as the 1993 tax increase. And so it fully by the end of this week will be a about education, you can put a little is only a first step, at least as far as we bit of history. And I believe it will be more away to provide for that day here on this side of the aisle are con- the right kind of history, written by when you will want to help your chil- cerned. But there will be very real tax the House and the Senate and the dren gain a higher level of education so relief for hard-working, middle-class White House, that deals with signifi- they can advance themselves in our so- citizens of the United States, families cant tax relief for the American tax- ciety. with children, very real tax relief from payer and some very major budget re- All of that is historic. We may, while the burden of capital gains taxation, a form. serving here on a day-to-day, year-to- form of tax relief which will certainly I have had the privilege of now serv- year basis, lose that perspective, but I increase savings and investment and ing in the Senate a good number of do not think the American people will, career opportunities for Americans years and also in the U.S. House. And because we are saying to them, we today and for future generations of since the early 1980s, I became an out- heard you, we heard you loudly and America as well, with tax relief in the spoken advocate for a balanced budget. clearly. And while a marathon race is field of estate taxation, a particularly I watched as our debt and deficit grew, not won by a single lap around the vicious form of taxation that penalizes becoming increasingly alarmed that track, or the Super Bowl is not won by success, breaks up small businesses, re- somehow we would pass on to our chil- a single victory at the beginning of the quires farms to be sold and undercuts dren and their children a legacy of debt season, this is in itself a victory, a sig- some of the most important bases upon that would be almost insurmountable, nificant victory in that long march which a successful American economy that could cripple the economy of this away from an ever-larger Government has been built. country and lead us down a road to that takes more and more away from No, Mr. President, since we began economic deterioration and a second- the average taxpayer, both in his or this campaign, this crusade with the or third-rate Nation. her earnings and in his or her free- new Republican Congress just a little Because of concern, shared by many doms. bit more than 2 years ago, interest here in the Congress, and by a growing So I hope that the work that has rates have declined, real hourly wages number of American taxpayers, gone on the last 2 weeks, in fact, bears are moving up after 2 years of decline throughout the decade of the 1980s and fruit. I am excited about the oppor- at the beginning of the first Clinton ad- into the early 1990s, we continued that tunity to debate these issues on the ministration, millions of new jobs are drumbeat to where it is without ques- floor of the Senate this week and to in existence, unemployment is as low tion a majority sentiment among the vote by week’s end on a historic budget as it has been in decades. American people today, such an over- package that continues to bring us to- Mr. President, it is appropriate to whelming majority sentiment that in ward a balanced budget and a historic say that we are on the verge of success 1994 they changed the character of the tax package that offers tax relief to the because we have been able to work to- U.S. Congress, and they significantly average taxpayer again for the second gether. We have listened to the demand altered the attitude of a President who time in 16 years. that the American people made by came to town not to balance the budg- So let me again thank the Senator their votes less than a year ago that a et and not to give tax relief but to be from Georgia for his continued leader- Republican Congress work with a able to do quite the opposite, to in- ship on this issue, coming to the floor Democratic President in order to see to crease the Federal dominance over the day after day to inform the American it the budget was balanced and tax re- American character, to raise taxes, and people about what we are about and lief was made available to the Amer- to continue a liberal Democratic leg- what we are striving to achieve, often- ican people. acy of an ever-increasingly larger Gov- times behind closed doors because of We, on this side of the aisle, are de- ernment taking an ever-increasingly the nature of the kind of negotiations lighted at our success in changing the larger chunk of the American worker’s that have gone on, but must require ul- nature of the debate from how much paycheck. Thanks to Americans, timately in the end to be made public. more Government shall we have and thanks to Republicans, thanks to con- So let me thank my colleague from how much more shall we pay for it, to servatives, that message got altered. Georgia. how can we discipline the Govern- Throughout the last several weeks, I yield the floor. ment’s demand for money and how can because of a budget proposal and a tax Mr. COVERDELL addressed the we provide tax relief for the American proposal put together by the Repub- Chair. people. lican leadership and this President, The PRESIDING OFFICER. The Sen- One success, however, Mr. President, voted on with the substantial biparti- ator from Georgia. I submit, has a real opportunity to lead san support of the U.S. Senate, the Mr. COVERDELL. I thank the Sen- to another. And so I trust that this White House, the Finance Committees, ator from Idaho for the contributions quiet Monday will lead to a challeng- the Budget Committees, along with the he has made, not only here today but ing week, and that by the end of the leadership, have been in internal nego- throughout this Congress, with regard week a promise made more than 2 tiations to bring that about, again, re- to balancing budgets and tax relief. years ago on a balanced budget and tax ducing the overall size of Government, At this time I yield to the distin- relief for the American people will moving us toward a balanced budget, guished Senator from Texas for up to have been fulfilled. and for the first time in 16 years giving 10 minutes on the subject of the bal- Mr. President, I yield the floor. tax relief to the American people. anced budget and tax relief. Mr. COVERDELL addressed the That agreement is not at hand yet, The PRESIDING OFFICER. The Sen- Chair. but we are told that that could well be- ator from Texas is recognized. The PRESIDING OFFICER. The Sen- come the case this week. And I hope it Mrs. HUTCHISON. Mr. President, I ator from Georgia. is. I hope it gives to the American thank the Senator from Georgia for Mr. COVERDELL. Mr. President, I working family the kind of relief they wanting to talk about this very impor- thank the Senator from Washington deserve during a period when they are tant issue, because, as we speak on the July 28, 1997 CONGRESSIONAL RECORD — SENATE S8179 floor here today, I hope that the nego- When I have asked my constituents their retirement security, and they can tiations are about to come to an end in newspaper articles what they would do that now. They are able to set aside and we will give the American family like to see changed, No. 1 is death tax $2,000 a year, just as those who work the first tax break they have had in 16 reform. Most people don’t think that outside the home. I want people to years. death taxes are American, because the know that if a couple starts, at the age I think it is an incredible thing to American dream is that, if you work of 25, setting aside $2,000 a year per per- say that we haven’t had a real tax cut hard, you should be able to pass what son, by the time they are 65, they will in this country for 16 years. As hard- you have accumulated on to your chil- have over $1 million in their retire- working Americans have tried to im- dren to give them a little bit better ment nest egg. That is a retirement prove their quality of life, it just seems start. That is the American dream. plan. If a couple can just save $2,000 a like their expenses have gone up so Why should people be taxed on money year per person, starting at the age of much that we now find that the they have accumulated and already 25, they can have $1 million for their spouses are working more, sometimes paid taxes on? Why should they be retirement security. That is another just to pay taxes. That is not what we taxed again when they pass what they reason that we want to do away with want in this country. We want spouses have worked so hard for to their chil- that death tax, because we want mid- to have the option of staying home, if dren? dle-income people to be able to save they want to, and not make them work The worst thing is when their chil- enough for real retirement security because they can’t make ends meet. If dren have to sell part of the family and not have it taxed away when they we are going to continue the American farm, or all of it, just to pay inherit- die, so that their children will not be dream of increasing our quality of life ance taxes. That is not right, Mr. able to have that little bit extra. with each generation, we are going to President, and we are trying to change Our bill will even make IRA’s better have to pare Government down, bal- that. In the agreement we are trying to because it will make them deductible ance the budget, make sure that people get with the President, we would raise in most instances, and it will make it are not paying any more taxes than we that inheritance tax credit to $1 mil- easier for people to set aside this $2,000 have to have to run a Government. lion. We are going to try to keep people a year. So if we can do that, if we can I think the time has come for us to from having to sell assets that are not have a better savings rate in this coun- take a leadership role. In fact, that is readily salable, because when you tell try, if we can make people more secure what Congress is trying to do. We came people that family farm is worth in their retirement, if we can give a into power in this Congress, starting $500,000 or $1 million, but they can’t capital gains tax cut and a death tax after the elections of 1994, with very earn enough to feed their family or to cut and $500 per child tax credit, not clear goals: to make Government make life better for their family, it is only will we have kept our promise to smaller; to let people keep more of the very hard to tell them that they have the American people, but we will have money they earn; to stop talking about inherited $1 million when it is land provided, for middle-income Americans money in Washington as if it belongs that is really unproductive. So we are who are working so hard to do better to us, but to understand that, no, it be- trying to raise that, so that you will for their children, an opportunity in longs to the people who work so hard not have to sell equipment in a small which they can say, yes, I can see the to earn it, and let’s let people have business or a family farm that you difference, I can see this tax relief. that money back to spend the way they could not possibly sell on the open That is what we are working for in this would like to, rather than the way peo- market for $1 million. Congress. ple in Washington dictate. These are So we are going to try to make a I hope the President will not stop us from giving tax relief to hard-working, the things that we came in to do. dent in that death tax. We are going to We are very close. I hope we will be try to make it easier for people to sell middle-income Americans, because if able to close this loop by the end of their homes, which is most people’s he does, he will be making a great mis- this week so that the people of Amer- biggest asset, without having to pay take for the prosperity of our country. Thank you, Mr. President. I yield the ica will be able to feel that they have the huge taxes that they now do. We floor. more of the money they earn in their are going to try to cut the capital Mr. COVERDELL. Mr. President, I pocketbooks, rather than writing a gains tax to 20 percent. thank the Senator from Texas for out- Today, 41 percent of American fami- check to the IRS in Washington. lining the various important aspects of Fifty years ago—just 50 years ago— lies own stock. They own stock in a this proposed tax relief. At this point, pension plan or a mutual fund. That is Americans sent 2 cents of every dollar I turn to my colleague from Michigan how they are investing for their retire- to Washington. Today, they send 25 and yield him—how much time do I ment security. We want people to be cents of every dollar they earn to have remaining? Washington, and that is just the Wash- able to have a capital gains tax cut so The PRESIDING OFFICER. The Sen- ington part. If you add their State and that if they need to sell a stock, they ator has just over 4 minutes remaining. local taxes on top of that, most Ameri- will not have to pay a 28-percent tax Mr. COVERDELL. I yield the remain- cans pay 40 percent of what they earn; rate on the capital gain. In fact, more der of that time to the distinguished 40 cents of every dollar goes to the than 83 percent of capital gains are re- Senator from Michigan. Government. ported by households with less than The PRESIDING OFFICER. The Sen- Now, Mr. President, I think that is $100,000 in income; 56 percent of capital ator from Michigan. wrong. I think that means Government gains are reported by families with less Mr. ABRAHAM. Mr. President, I may is too big, and I think the time has than $50,000 in income; nearly one-third not use all of that time. I thank the come to do something about it. I hope of capital gains are reported by senior Senator from Georgia. This is not the the President will agree with us, agree citizens. This will help the senior citi- first time in which he has come to the with the leadership that Congress is zens, particularly those that are hav- floor and led a special order to discuss providing on this issue and has been ing a hard time getting by. If that sen- these issues that are now before us, providing for the last 3 years, to try to ior citizen could sell their home or sell which we hope will be resolved this correct the inequity in our tax laws. their stock without being penalized so week. I think it should be noted that, The bill that we have passed in Con- heavily, it would give them a little bit for the better part of the last 3 years, gress, which we hope the President will better quality of life. it has been with the leadership of the sign, will give tax relief to Americans We are trying to give more help to Senator from Georgia and the Senator who are paying income taxes; if they people who want to save for their re- from Texas who just spoke. Others have children, a $500 per child tax cred- tirement futures with individual retire- have spoken today from the leadership it—not deduction, but credit. That is ment accounts. A lot of people say an on the Republican side, which has been something that they will get right off individual retirement account is not advancing the cause of tax relief for the top—$500 per child. If you have two really a retirement plan. But I want to the working families of our country. children, you would get $1,000 right off just give you one example, because I As we come into the final stages of the top. That is going to cut most peo- worked very hard for homemakers to these negotiations, we are very opti- ple’s taxes in this country by a lot. be able to set aside $2,000 a year for mistic that we will be able to realize S8180 CONGRESSIONAL RECORD — SENATE July 28, 1997 the objective that many of us came raised beyond that which we expect $36.893 billion in nondefense discre- here to achieve: to finally bring an end here in Washington ought to go back to tionary outlays. to higher taxes in Washington and the American people, either in the The bill I am presenting today, along begin, finally, to roll back some of form of reducing the deficit or more with my colleague from New Jersey, those taxes on the American people. tax cuts for the working families. If we Senator LAUTENBERG, is within those In recent years, the percentage of the do that, then we can make this tax bill allocations and is consistent with our Nation’s income, our gross domestic extra special, Mr. President, by truly determination to achieve a balanced product, consumed by Washington in making it a long-term tax reduction budget. This bill will also contribute to the form of taxes has gone up and up plan for the American people. a safer and more efficient transpor- and up. Indeed, today the percentage is Mr. President, I thank the Chair and tation system in this country and virtually as high as it has ever been in yield the floor. therefore contribute to economic the history of this country—as high as Mr. COVERDELL. Mr. President, is growth and a better quality of life for it was during World War II, as high as there any time remaining on our hour all Americans. during Vietnam, as high as during the of control? This bill provides $30.1 billion for in- Depression, and as high as it has been The PRESIDING OFFICER. All of vestment in infrastructure that the during any of the sort of crises that the Senator’s time has expired. public uses, that is, highways, transit, you might expect to produce record Mr. COVERDELL. In that case, Mr. airports, and railroads. That represents levels of taxation. Today, in the ab- President, I yield the floor and suggest an 8 percent increase over the adminis- sence of such crises, we nonetheless the absence of a quorum. tration’s request. have had a tax rate reach 21 percent The PRESIDING OFFICER. The The bill includes a Federal-aid high- above the Nation’s income. clerk will call the roll. way obligation limitation of $21.8 bil- So, Mr. President, the Republican ef- The bill clerk proceeded to call the lion for investment in our Nation’s forts to reduce the tax burden are roll. highways. This is a record high level. timely, they are needed, and they are Mr. SHELBY. Mr. President, I ask And $1.63 billion above the President’s on target. As the Senator from Texas unanimous consent that the order for amended budget request. The actual just indicated, whether it is the spous- the quorum call be rescinded. distribution of that obligation author- al IRA or the family tax credit of $500 The PRESIDING OFFICER. Without ity among the States will depend on re- per child or the growth incentives to objection, it is so ordered. authorization of ISTEA, also known as create jobs and opportunities, such as Mr. SHELBY. What is the pending the Intermodal Surface Transportation reducing the capital gains tax rate, the business? Efficiency Act of 1991, which has pro- Republican tax plan that was passed in vided authorization of our Federal sur- this Chamber by a 80–18 vote addresses f face transportation programs for the the concerns of America’s taxpayers in CONCLUSION OF MORNING past 6 years and which, as the Presid- a targeted way that will produce both BUSINESS ing Officer knows, expires at the end of a chance for working families to keep The PRESIDING OFFICER. Morning this fiscal year. more of what they earn and be able to business is closed. This increase of almost $3 billion do more for themselves, on the one f over the obligation limitation in place hand, and an opportunity for those who for this year will almost certainly create jobs and opportunities to create DEPARTMENT OF TRANSPOR- mean more Federal highway spending more such jobs, higher paying jobs, and TATION AND RELATED AGEN- more opportunities as we move into CIES APPROPRIATIONS ACT, 1998. for each of our States. I want to illus- the next century. trate for Senators what this increase The PRESIDING OFFICER. Under might mean for them even though I So for all of those reasons, we are op- the previous order, the hour of 5 p.m. timistic that our 3-year-long effort is must caution my colleagues this having come and gone, the Senate will evening that no one can predict now about to pay dividends and that, by the now proceed to the consideration of S. end of this week, with a little bit more how highway funds will be distributed 1048, which the clerk will please report. effort, we can bring this tax cut to the among the States next year. The bill clerk read as follows: American people. I ask unanimous consent that this To all of those who have been in the A bill (S. 1048) making appropriations for table comparing State-by-State dis- leadership of this effort, I offer my the Department of Transportation and relat- tribution of highway obligation au- ed agencies for the fiscal year ending Sep- thority in the current fiscal year to the thanks because, a few years ago, I tember 30, 1998, and for other purposes. don’t think anybody in my constitu- distribution of the highway obligation ency in Michigan would have expected The Senate proceeded to consider the authority in our bill for the fiscal year they would see their taxes go down. bill. 1998, assuming the same apportion- This week, we have the best chance in Mr. SHELBY. Mr. President, I ask ments of contract authority among the decades—literally, 15 years—to see that unanimous consent that the following States as this year, be printed in the occur. So I want to thank and con- list of individuals be given full floor RECORD. gratulate the leaders on our side who privileges during the consideration of There being no objection, the list was have kept the pressure on. I hope that, S. 1048: Wally Burnett, Joyce Rose, ordered to be printed in the RECORD, as by the end of the week, we will achieve Reid Cavnar, George McDonald, Kathy follows: our goals, and I hope we will go one Casey, Peter Rogoff, Michael Brennan, step further and prevent any extra- Liz O’Donoghue. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGH- neous revenues generated by these tax The PRESIDING OFFICER. Without WAY ADMINISTRATION—ACTUAL FY 1997 OBLIGATION cuts from being used for anything but objection, it is so ordered. LIMITATION & ESTIMATED FY 1998 OBLIGATION LIMITA- more tax cuts or to reduce the national Mr. SHELBY. Mr. President, I ask TION deficit. unanimous consent that the following [In thousands of dollars] We just saw, as the budget negotia- list also be given floor privileges dur- Est. FY 1998 tions began, that the revenues to the ing consideration of S. 1048: Tom Total FY limitation Federal Government were exceeding Young, Alan Brown, Carole Geagley, 1997 obliga- based on FY Delta State tion limita- 1997 actual that which had been projected by the and Mitch Warren. tion 1 apportion- budgeteers in recent years. We were The PRESIDING OFFICER. Without ments bringing in over $225 billion beyond objection, it is so ordered. Alabama ...... 342,557 396,091 53,535 what had been projected just a few Mr. SHELBY. Mr. President, I am Alaska ...... 195,784 231,059 35,276 Arizona ...... 244,117 285,850 41,733 months ago. Well, I think the same is pleased this evening to present the fis- Arkansas ...... 205,115 244,592 39,477 going to happen as a result of the tax cal year 1998 Department of Transpor- California ...... 1,513,221 1,801,124 287,903 Colorado ...... 192,727 229,249 36,522 cuts included in this budget resolution tation and related agencies appropria- Connecticut ...... 342,128 407,185 65,056 and in the tax bill we pass. tions bill. The subcommittee’s alloca- Delaware ...... 74,967 89,241 14,274 Dist. of Col...... 77,307 93,231 15,924 Mr. President, I think it is impera- tion was $12.157 billion in nondefense Florida ...... 757,510 869,277 111,767 tive that any additional revenues discretionary budget authority, and Georgia ...... 560,549 620,305 59,756 July 28, 1997 CONGRESSIONAL RECORD — SENATE S8181 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGH- Transit formula and discretionary and aircraft to complete their multiple WAY ADMINISTRATION—ACTUAL FY 1997 OBLIGATION accounts, including funding for Wash- missions. The Coast Guard’s capital LIMITATION & ESTIMATED FY 1998 OBLIGATION LIMITA- ington Metrorail construction, all of needs, especially for replacing aging TION—Continued which are for capital investment in our vessels and facilities, will increase dra- [In thousands of dollars] bill, are funded at $4.56 billion, $311 matically in the years ahead and the million above fiscal year 1997. committee’s recommendation focuses Est. FY 1998 Total FY limitation The bill provides $273 million for con- on those acquisition programs that can State 1997 obliga- based on FY tinued improvements on Amtrak’s be accelerated now to provide room in tion limita- 1997 actual Delta tion 1 apportion- Northeast corridor between Washing- the outyears to replace these assets. ments ton and Boston. For other Amtrak cap- I note for the benefit of the Senators ital expenditures, the bill makes a con- Hawaii ...... 117,861 140,413 22,552 from States that depend on the Saint Idaho ...... 103,597 125,018 21,421 tingent appropriation, Mr. President, Lawrence Seaway, that this bill as- Illinois ...... 638,487 759,358 120,871 of $641 million to be funded from the Indiana ...... 393,703 470,604 76,900 sumes enactment of the administra- Iowa ...... 191,366 227,597 36,232 intercity passenger rail fund, which Kansas ...... 198,323 236,001 37,678 would be established by S. 949, the Rev- tion’s proposal to convert the Saint Kentucky ...... 308,464 343,085 34,621 Lawrence Seaway Development Cor- Louisiana ...... 261,004 312,517 51,513 enue Reconciliation Act of 1997. The Maine ...... 88,442 105,102 16,660 poration to a performance-based orga- Maryland ...... 261,931 306,085 44,154 Amtrak capital appropriation in this Massachusetts ...... 663,051 782,793 119,742 bill will be triggered when a final rec- nization and to move its financing Michigan ...... 510,281 610,265 99,984 from appropriated funds to an auto- Minnesota ...... 239,327 278,865 39,539 onciliation bill including the passenger Mississippi ...... 201,721 241,881 40,160 rail fund is enacted into law and the matic annual performance-based pay- Missouri ...... 391,755 470,538 78,783 ment. No funds are included in this bill Montana ...... 146,156 169,351 23,195 transportation subcommittee’s 602(b) Nebraska ...... 134,539 160,125 25,585 allocation is adjusted upward to cover for the Seaway Corporation, but if the Nevada ...... 101,072 120,184 19,112 legislative proposal fails, we will en- New Hampshire ...... 82,749 98,474 15,724 the additional appropriation. New Jersey ...... 462,907 550,465 87,558 Safety was a top priority as we devel- sure in conference that the Seaway New Mexico ...... 161,983 190,795 28,812 Corporation is funded. New York ...... 1,010,508 1,202,370 191,862 oped this bill. It provides $5.376 billion North Carolina ...... 447,701 532,817 85,116 North Dakota ...... 98,670 117,360 18,690 for the FAA operations account, in- The Senate has taken the lead in Ohio ...... 601,766 732,224 130,458 cluding funds for an increase of 235 past years in promoting management Oklahoma ...... 258,618 309,756 51,138 Oregon ...... 202,318 241,238 38,920 aviation safety inspectors and 500 addi- reform at the Department of Transpor- Pennsylvania ...... 676,649 812,481 135,832 tional air traffic controllers. Our ap- tation, especially at FAA. This bill Rhode Island ...... 80,354 92,228 11,874 South Carolina ...... 273,300 314,160 40,860 propriations for FAA operations is 99.8 continues that direction by refraining South Dakota ...... 107,686 128,097 20,411 percent of the administration’s re- from micromanagement of the Depart- Tennessee ...... 375,667 451,035 75,368 Texas ...... 1,204,819 1,404,097 199,278 quest. The committee was able to fund ment, even as we look for improved re- Utah ...... 122,674 144,653 21,979 Vermont ...... 75,942 90,381 14,438 the FAA’s operation account at this sults. The committee report, for exam- Virginia ...... 390,933 464,221 73,288 level without imposing $300 million in ple, offers guidance to the Secretary of Washington ...... 312,109 369,628 57,519 West Virginia ...... 153,425 182,354 28,929 new user fee taxes proposed in the ad- Transportation on improving on DOT’s Wisconsin ...... 336,942 402,433 65,491 ministration’s request. draft strategic plan which is required Wyoming ...... 107,621 128,057 20,436 Puerto Rico ...... 73,656 87,690 14,034 The toll of deaths and injuries on our by the Government Performance and highways, we believe, is too high and Results Act. It also avoids artificial Subtotal ...... 17,076,061 20,174,002 3,097,942 Administration ...... 551,192 558,440 7,248 our bill addresses that. It funds the Na- caps on the efforts of the Department Federal Lands ...... 440,000 440,000 0 tional Highway Traffic Safety Admin- to act in a more businesslike way, but Reserve ...... 627,558 627,558 0 istration Program at $333.5 million. it directs the DOT Inspector General to Total ...... 18,694,811 21,800,000 3,105,190 That is a $33 million increase above the study whether in fact DOT’s new entre- 1 Does not include an estimated $264 million in bonus limitation yet to fiscal year 1997 enacted levels and preneurial service organization is pro- be distributed. slightly higher than the administra- vided cost-competitive, high-quality Mr. SHELBY. If our limitation be- tion’s request. service. This bill provides $50.7 million for the comes law by the end of September, the But, even as we addressed infrastruc- National Transportation Safety Board, States will be apportioned an average ture investment and safety in this bill, 8 percent above the President’s re- of 18 percent more—18 percent more— we have been very mindful of the prior- quest, to support the NTSB’s investiga- highway obligation limitation for 1998 ities that Senators had for this bill. We tory mission and to expedite the devel- than they were apportioned at the be- receive more than 900 requests for opment of safety recommendations. ginning of last fiscal year. That is projects and provisions to be included The Coast Guard, as you know, Mr. some improvement in the money. in this bill. We have reviewed those re- President, also plays a critical role in In addition, we have included $300 quests very closely and accommodated the safe operation of our Nation’s wa- million for Appalachian Development them to the extent that we could. In terways. Its operations funding of $2.73 Highway System investment consist- some cases, available funding was not billion as provided in this bill is an in- ent with existing authorization. The sufficient to fund all requests, and we crease of $112 million above fiscal year Federal Government made a commit- had to make some tough choices. But 1997. This level is consistent with the ment to improve these highways which we have tried to be as fair as possible administration’s request for operating run through economically undeveloped to all Senators on both sides of the expenses and will continue congres- areas in 13 of our States, and our bill aisle. helps to keep that commitment. This sional support for a streamlined Coast investment will pay off not only in eco- Guard. Many Senators wanted funds for nomic development in areas that are in Coast Guard funding includes an in- highway projects of special interest to much need of it but also in lives saved crease of $53 million for antidrug ac- them in their States. This year, ISTEA since these highways in mountainous tivities, which are coordinated by the reauthorization is providing a vehicle areas are often high-accident locations Office of National Drug Control Policy. for special project funding, especially in our country. The committee has provided the Com- in the House where there is very active As most Senators know, Federal in- mandant of the Coast Guard the discre- consideration of such funding. But I vestment in airport development has tion and the flexibility to manage this want to assure my colleagues this been declining in recent years, and the funding but has encouraged the Depart- evening that I believe the Congress has administration proposed a further cut ment to look at these activities as at least as legitimate a role in des- for the coming year. Our committee areas that would benefit from the de- ignating funding for specific highway could not agree with that proposal at a velopment of performance measures. projects as it does in designating new time when air travel is increasingly in The bill funds the Coast Guard’s cap- transit projects that will be funded. I demand and air safety is uppermost in ital program at $412 million, an in- intend to review the situation after en- the minds of travelers. We have in- crease of $33 million above the admin- actment of ISTEA reauthorization leg- cluded $1.7 billion for the airport im- istration’s request. This provides the islation and to work with my Senate provement program. Coast Guard with the equipment, ships, and my House colleagues in the year S8182 CONGRESSIONAL RECORD — SENATE July 28, 1997 ahead to ensure that we have an oppor- priations Committee for the first time tween Chairman SHELBY and myself. tunity to designate funding for high- this year and he is doing an excellent They were made without the need for a way projects of special interest to our job. He and Senator BYRD, the ranking rollcall vote in either the subcommit- States and to our communities. Democrat, worked hard to grant the tee or the full committee. That fact is I am proud, overall, of what we have Transportation Subcommittee an allo- indicative of the cooperation and fair- been able to accomplish in this bill. It cation that was consistent with the minded spirit that the chairman has will benefit all Americans as it helps to priority that was placed on transpor- brought to this bill. improve transportation services in this tation when we did the budget resolu- With these changes now included in country so that the economy and per- tion. the transportation funding bill, I am sonal mobility are better served. I Mr. President, this bill has gone pleased to recommend this bill to the commend my colleague, the ranking through a steady series of improve- entire Senate. It is a balanced bill that Democrat on the committee and the ments as it moved through the process. provides desperately needed funds to former chairman on this committee, In the view of this Senator, the bill our States and communities to address Senator LAUTENBERG, for all the hard that was presented to the subcommit- the crushing problem of congestion in work he has put in in this effort. tee on July 15 just did not go far our cities and towns. As a matter of At this time I yield to the ranking enough in reflecting the needs of all fact, in our region they are about to member, Senator LAUTENBERG. transportation modes as well as the celebrate the initiation of another The PRESIDING OFFICER. The Sen- needs of all regions of the country. The technological improvement in the col- ator from New Jersey. bill had very sizable increases for im- lection of tolls. Some people do not Mr. LAUTENBERG. Mr. President, portant national programs such as the support the rapid collection of tolls. first, I want to say thank you to my Federal-aid highway obligation ceiling They want to hang onto their money as colleague from Alabama, the chairman and airport grants. However, the bill long as possible. But the choice, Mr. of the Subcommittee on Transpor- also provided a freeze on formula fund- President, is to sit in traffic for 15 min- tation of Appropriations, for the man- ing for mass transit and included insuf- utes, 20 minutes, or a half hour at the ner in which we have been able to work ficient funding for Amtrak’s operating toll gate. I drove, on Sunday, through together to resolve problems on this subsidy. This funding shortfall in Am- one of what they call the easy pass bill. I support the leadership he has trak could have rapidly brought about tollgates. I want to tell you, it was a provided in getting us to this point the bankruptcy of the railroad very pleasure. They had a little thing on the where we are able to present the Trans- early in the coming fiscal year. windshield and when we got to the portation and related agencies appro- There are very few countries that gate, up went the gate, down went my priations bill for fiscal 1998. This bill have, frankly, as insufficient intercity $4. But the fact of the matter is, it does was reported by the Appropriations rail service as does the United States. improve the way we move ahead. That is the kind of improvements Committee just this past Tuesday, a When you look at the major developed that we need. We have to continue to week ago. countries of the world other than the present technological innovation to I don’t believe that we give sufficient United States, all of them, without a improve the way our highways, our air- importance to our investment in trans- doubt, whether it be Japan’s bullet ports, and our railroads function. portation infrastructure in this coun- train or the French TGV or trains in Germany or other parts of the world So, I think it is fair to say that this try. There is hardly a State, that I am funding will accelerate our efforts to aware of as I talk to my colleagues, that zip along at 180 miles an hour—all of them depend on sizeable operating address improvements in our transpor- that is satisfied with its ability to deal tation infrastructure, which is deterio- with congestion, its ability to move subsidies from the government. I am not sure, nor is the chairman, rating faster, frankly, than we can re- people and goods from place-to-place whether everybody would want to get place it. The bill will also provide criti- efficiently. But I will say this. In view to Washington in an hour and a half cally needed funding, as you heard of the sparseness of budget dollars, this from New York, but we at least ought from the chairman, to maintain safety bill went quite well. It is the culmina- to make it possible. We could certainly in all our transportation modes. I want tion of a very long and arduous effort do that and save time waiting at air- to point out, there is still one signifi- to reestablish transportation as a pri- ports. But we must continue to invest, cant hole in this bill, and that is the ority in our Federal budget. in Amtrak to make that happen. They funding for Amtrak’s capital account. As the senior Democrat on the Sen- have new equipment ordered that will Those are the investments necessary to ate Budget Committee, I, along with accelerate the pace at which pas- build the infrastructure, buy the equip- Senator DOMENICI and several other sengers can go from Boston to Wash- ment, update the rail signals, to up- members, spent a great deal of time ington. grade the trackage that we have down and energy trying to ensure that trans- But we needed the cooperation of the there. We need more investment in the portation would be treated as we like chairman, Senator SHELBY, and we capital account so that we can operate to see it, as a priority under the budget were able to work together to boost more efficiently. resolution. That is where it all starts, Amtrak’s operating subsidy by $154 The bill does not include any funding the allocation of funds in the budget million above the level originally pre- for Amtrak’s capital needs because we resolution to the various functions of sented to the subcommittee. The fund- believe the chairman of the Finance Government. ing level now stands at the level that Committee, Senator ROTH, is currently Transportation was not one of the was requested by the administration. seeking to provide for these needs priorities that the administration We were also able to provide an addi- through the reconciliation process. I brought to the table. It was a congres- tional $200 million in transit formula know the chairman and I have a com- sional priority. The Congress decided grants at full committee markup so mitment that this is going to be taking we needed more money for transpor- the percentage boost for transit for- place. I would only point out Senator tation, and we have succeeded in get- mula assistance would begin to ap- SHELBY’s decision not to put any more ting it. We are interested in a balanced proach the percentage increases pro- capital funding in this bill was because transportation network. I think the vide for highway formula assistance he, as I said earlier, believed that Sen- bill now before the Senate does exactly and for airport grants. ator ROTH was going to take care of it that. What we are saying with these im- in the finance package. I hope that Our efforts on the budget resolution portant adjustments is that we salute a that ultimately gets to be the case, be- are well reflected in the sizable funding balanced transportation system in this cause that would provide Amtrak with increases contained in this bill for crit- country that includes highways, in- a stable source of funding to address ical transportation infrastructure pro- cludes aviation, includes rail, includes their capital needs over a period of sev- grams. I want to thank the chairman all of the modes of mass transit so we eral years, get that railroad up to the of the Appropriations Committee, Sen- can have the kind of efficiency in our level that it ought to be in a country ator STEVENS for the funding alloca- transportation system that we need. as great as ours. tion he granted to this subcommittee. These adjustments in the bill were Last, Mr. President, I commend my He is serving as chairman of the Appro- made through careful negotiations be- colleague and friend, Senator SHELBY, July 28, 1997 CONGRESSIONAL RECORD — SENATE S8183 for his excellent work in his first year tation Authority through the Federal Tran- traffic and more passenger trains that as chairman of this subcommittee. He sit Administration, the New York Metropoli- will result from Amtrak’s New Haven- quickly gained a great deal of knowl- tan Transportation Authority shall perform Boston electrification project—that is edge about how the committee func- a study to ascertain the costs and benefits of the first problem that has arisen—and, instituting an integrated fare system for tions. commuters who use both the Metro North secondly, the larger freight cars that I offered to take over the chairman- Railroad or the Long Island Rail Road and will operate along the line. ship temporarily to show him how, but New York City subway or bus systems. This The Third Track represents a tre- he said, no, he would take care of it. study shall examine creative proposals for mendous potential for economic We worked together, with our fine improving the flow of passengers between growth and job creation in Rhode Is- staff—the names of whom Senator city transit systems and commuter rail sys- land. It plays a vital role in the State’s SHELBY mentioned—to get it done. tems, including free transfers, discounts, development of the Quonset-Davisville When it comes to the distribution of congestion-pricing, and other positive in- Industrial Park and making that into a ducements. The study also must include esti- premier commerce park and inter- funds for the Member-specific projects, mates of potential benefits to the environ- those projects they put forward as national cargo point. ment, to energy conservation and to revenue Mr. President, let us take a brief being critical in nature to their States, enhancement through increased commuter Senator SHELBY has been fairminded in rail and transit ridership, as well as other look at recent developments associated his allocation of funds. He sought to tangible benefits. A report describing the re- with this Third Track. In just the past accommodate Members’ priorities to sults of this study shall be submitted to the year, some 19 new tenants and four oth- the best of the subcommittee’s ability, Senate Appropriations Committee within 45 ers have expanded their operations and and he has continued to operate that days of enactment of this Act. have invested over $16 million and way. Mr. SHELBY. Mr. President, I sug- brought 500 new jobs to the Quonset- I must say, I tip my hat to the fact gest the absence of a quorum. Davisville Industrial Park. that he is determined and has shown in The PRESIDING OFFICER. The It is conservatively estimated that this first chairmanship year that he clerk will call the roll. development of the port and of the can deal in a bipartisan fashion, and The assistant legislative clerk pro- park will yield in excess of 15,000 good- everybody got along. We occasionally ceeded to call the roll. paying jobs to Rhode Island. The Third had to face up to some tough discus- Mr. CHAFEE. Mr. President, I ask Track is a key element in what is not sions, but we always did it in an amica- unanimous consent that the order for surprisingly one of our State’s most ble way and we got a good bill. the quorum call be rescinded. promising economic development That has been the tradition with the The PRESIDING OFFICER. Without projects. To date, Congress has appropriated Transportation Subcommittee, and objection, it is so ordered. $13 million for the Third Track. An- that is do it in a bipartisan way. The Mr. CHAFEE. Mr. President, I see the other $42 million is budgeted over the American people don’t want to see us distinguished manager of the legisla- next 4 years, including the $10 million bickering. They want to see us getting tion, Senator SHELBY, here. And I within the bill before the Senate today. things done. They want to see us func- would like to take this opportunity to engage in a brief colloquy with the dis- Rhode Island’s voters, on their part, tion as we are supposed to function. in order to fulfill the State’s 50–50 Disagree, if you will, make the points tinguished Senator from Alabama. Mr. SHELBY. I will be glad to com- funding matching requirement, passed you have to make, but get the job a bond referendum last November allo- done. I think it is fair to say that the ply. Mr. CHAFEE. I want to start off, Mr. cating $50 million to this Third Track. Appropriations Committee, on which I might say, Mr. President, a $50 mil- both of us have sat for some time, is President, by saying to Senator SHEL- BY that I am very pleased that this leg- lion bond issue is a substantial one for maintaining almost a revolutionary our small State of little fewer than a pace in terms of getting the job done islation has come to the Senate floor. I would like to take this opportunity to million people. this year, and I am proud to be part of The Third Track represents great it and proud to work with my col- briefly discuss a project of great impor- tance to my home State of Rhode Is- hope for economic growth in Rhode Is- leagues on the committee. land at a time when our manufacturing With that, Mr. President, I hope we land. Included within S. 1048 is $10 million job base continues to erode. can move this bill with expediency. I I again thank Chairman SHELBY for for the Rhode Island freight rail devel- yield the floor. his support and also thank the distin- opment project commonly known as Mr. SHELBY addressed the Chair. guished ranking member of the com- the Third Track. I would like to ex- The PRESIDING OFFICER. The Sen- mittee, Senator LAUTENBERG, for his press my gratitude to the subcommit- ator from Alabama. support, and urge my colleagues to tee chairman, the manager of the bill, AMENDMENT NO. 1022 vote in favor of this bill. (Purpose: To direct a transit fare study) Senator SHELBY, who has agreed to in- Mr. SHELBY addressed the Chair. Mr. SHELBY. Mr. President, I send clude this funding in his subcommit- The PRESIDING OFFICER. The Sen- to the desk an amendment offered on tee’s bill. And I see the distinguished ator from Alabama. behalf of the Senators from New York, ranking member of the committee, and Mr. SHELBY. I would like to respond I would also like to express my thanks Senator D’AMATO and Senator MOY- to that. to him likewise for support of this leg- NIHAN, and ask for its immediate con- First of all, I want to acknowledge sideration. islation. the work of the distinguished senior The PRESIDING OFFICER. The Earlier this year Senator SHELBY was Senator from Rhode Island, Senator clerk will report. kind enough to take time to listen to CHAFEE, in bringing to my attention— The assistant legislative clerk read Rhode Island’s Governor, Lincoln Al- and also to Senator LAUTENBERG’s at- as follows: mond, Senator REED from Rhode Is- tention—the needs of his State in deal- land, and myself as we outlined the The Senator from Alabama [Mr. SHELBY], ing with this economic development for Mr. D’AMATO, for himself and Mr. MOY- benefits of the Third Track project. project. NIHAN, proposes an amendment numbered And, Mr. President, I would like to I did have the opportunity, at Sen- 1022. take this opportunity to say that Sen- ator CHAFEE’s request, to meet with Mr. SHELBY. Mr. President, I ask ator REED has been very interested and Senator CHAFEE, the Governor, and the unanimous consent that the reading of very supportive of all efforts in connec- junior Senator, Senator REED, regard- the amendment be dispensed with. tion with this Third Track. ing this project. I also met with Sen- The PRESIDING OFFICER. Without The Third Track is a $120 million ator CHAFEE on numerous occasions as objection, it is so ordered. project that will upgrade 22 miles of we talked about, ‘‘Would funding for The amendment is as follows: rail line between Quonset Point- this project be included in the bill?’’ I At the appropriate place in the bill, insert Davisville, and Central Falls, RI. It is assured him that it would, and for a the following: needed to accommodate two impending good reason. Out of the funds made available under this changes that are occurring on this rail This is a sound project for the people Act to the New York Metropolitan Transpor- line: First, the increased passenger rail of Rhode Island. We investigated it on S8184 CONGRESSIONAL RECORD — SENATE July 28, 1997 the committee and found that it makes ator from Rhode Island is a distin- has never been more challenging. For a lot of sense. And as Senator CHAFEE guished veteran of the Senate. He has large rural States like my home State has pointed out, the people of Rhode Is- been here and has made his presence of Maine, the funding in this legisla- land are also putting up a lot of money felt. He chairs a very important com- tion provides the money necessary to through a bond issue of $50 million. mittee in the Senate—the Environment build, repair, maintain, and improve And $50 million is a lot of money for a and Public Works Committee. I have our roads, which are absolutely essen- State of around 1 million. And I want had the privilege and the pleasure of tial to expanding our economy and to to acknowledge his work in this regard working with him on a number of is- providing our citizens with better job and say that we are pleased that we sues both on and off this committee. I opportunities into the 21st century. have been successful in identifying re- can tell you, he has been the catalyst In fact, in Maine, studies have shown sources for this project. And I believe for the money for Rhode Island here in that approximately 80 percent of all it is going to be very, very positive for the Senate. Let us set the record economic development has occurred the State of Rhode Island. straight. Thank you. within 10 miles of our interstate high- I look forward to working with the Mr. LAUTENBERG. Mr. President, way. Consequently, it is not surprising distinguished Senator from Rhode Is- we can’t let this opportunity go with- that economic activity in central and land in the future. out saying that we know that the Sen- northern Aroostook County, where I Mr. LAUTENBERG addressed the ator from Rhode Island is very much am from, which is not served by the Chair. engaged in discussions of ISTEA. And Interstate Highway System, has lagged The PRESIDING OFFICER. The Sen- New Jersey likes ISTEA. far behind those areas of the State ator from New Jersey. Mr. SHELBY. Absolutely. with access to the four-lane interstate. Mr. LAUTENBERG. I am pleased Mr. LAUTENBERG. We like it in the Earlier this year, the State of Maine also, Mr. President, to support this summer and we like it in the winter. completed an initial feasibility study project. And I have reviewed the plans We want to help the State of Rhode Is- that evaluated several different options several times over these last couple of land, the important State that it is de- for improving the travel corridor be- years. It increases the ability of that spite its tiny size. My State is only a tween Houlton and Fort Kent, a dis- port to function and to expedite the wisp larger, and we have about eight tance of roughly 125 miles. The initial movement of freight from the port into times the number of people. But we study was funded by Congress with an the main line system. Otherwise, there know that the good Senator from appropriation of $800,000 about 3 years are some problems with heights and of Rhode Island will remember Alabama ago. the cars that can pass underneath the and New Jersey and how we all work Now, the State is prepared to take bridges, so it needs some work. And we together to get things done. Thank the next step in this process, which is hope that Rhode Island will get this you. to conduct a NEPA study on the var- completed. Mr. CHAFEE. Mr. President, this is ious options. This study will, among We all know that essential to our getting more and more expensive. So if other things, analyze the traffic de- economic development is the capacity nobody else seeks the floor at this mand for preliminary design engineer- to get people and goods to and from the time, I suggest the absence of a ing, assess the noise and air quality business opportunities that either exist quorum. impact, develop and review alter- or want to be developed. So this one The PRESIDING OFFICER. The natives within the corridor, update the sounds like a pretty good idea. clerk will call the roll. construction cost analysis, and prepare Senator SHELBY said it. He said we The legislative clerk proceeded to an environmental impact statement. have heard from Senator CHAFEE peri- call the roll. odically, regularly. We have heard Ms. COLLINS. Mr. President, I ask The need for this funding, Mr. Presi- from the Governor of the State who, if unanimous consent that the order for dent, is crystal clear. Upgrading the I remember, is about 6’ 4’’, something the quorum call be rescinded. transportation infrastructure in Aroos- of that nature. They made sure they The PRESIDING OFFICER. Without took County, the largest county in my brought him in. We got the message, objection, it is so ordered. State, is essential to strengthening its economy. For example, in order to Mr. President. Senator REED was also Ms. COLLINS. Mr. President, I rise involved. So it is a unified delegation. today in support of the Transportation compete effectively, Aroostook County And they are working hard to get it appropriations bill and to engage in a potato farmers and lumber industries done. And we want to help wherever we colloquy with the distinguished chair- need to improve their ability to trans- can. man of the Appropriations subcommit- port goods efficiently from northern Mr. CHAFEE addressed the Chair. tee, Senator SHELBY, about the ability Maine to their markets. The PRESIDING OFFICER. The Sen- of the State of Maine to use funding Upgrading the transportation system ator from Rhode Island. from this legislation to conduct a Na- will also spur new economic develop- Mr. CHAFEE. Again, I do want to tional Environmental Protection Act ment and business investment. The thank the two distinguished managers study for improving the travel corridor tourism industry, particularly of the legislation, the bill. The chair- from Houlton to Fort Kent, ME. snowmobiling, has absolutely exploded man of the subcommittee, Senator Under S. 1048, as approved by the in recent years. But if it is to continue SHELBY, has been very, very helpful, Senate Appropriations Committee, the to grow, this promising industry needs and as I indicated, very responsive. State of Maine is expected to receive a an improved road system to bring more And we are very appreciative. And like- much-needed increase of almost $17 snowmobilers to Aroostook County. wise, Senator LAUTENBERG, as men- million for vital highway programs. Similarly, the people of Aroostook tioned, we have—I have to be careful in This will bring the total for the next County are moving forward in their ef- my use of words. I was going to say fiscal year to approximately $105 mil- forts to redevelop the site of the former ‘‘pestered’’ him, but we have implored lion. This additional funding—the $17 Loring Air Force Base in Limestone, him or spent a good deal of time point- million—will enable the Maine Depart- ME. An enhanced highway system is ing out the virtues of this project. And ment of Transportation to fund a num- absolutely vital to their ability to at- the way they both have responded ber of high-priority transportation tract new economic investment that makes us very grateful. projects, including the NEPA study, can best utilize the base’s outstanding And I say to Senator SHELBY, I want which will help my State tremen- facilities and help to replace the thou- to thank you for your kind remarks dously. sands of jobs that were lost when the and the work you have done on this, I want to commend both the chair- base closed. and Senator LAUTENBERG likewise. man and the ranking minority member Proceeding with this additional So, if nobody else seeks the floor—— of the subcommittee for their hard study at this time will help us deter- Mr. SHELBY. Mr. President, if I work and leadership in ensuring that mine how best to improve the travel could add a few more comments to the significant transportation funding in- corridor, and it ultimately will make it remarks made by the distinguished creases are available, at a time when easier for northern Maine to compete Senator from Rhode Island. The Sen- setting priorities for scarce tax dollars for new business investments, to find July 28, 1997 CONGRESSIONAL RECORD — SENATE S8185 new market opportunities for agricul- order to S. 1048 other than the pending couple minutes and say that we have tural, manufactured, and timber-relat- amendments, and that they be subject now been here 2 hours. It was the un- ed products, and to produce increased to relevant second-degree amendments. derstanding when we left last week tourism opportunities, as well. I send the list to the desk. that the Transportation Subcommit- I just want to take this opportunity The PRESIDING OFFICER. Is there tee’s bill would be up this evening with to confirm with the chairman of the objection? The Chair hears none, and it an opportunity to offer amendments subcommittee my understanding that is so ordered. and consider the business of the bill. the State of Maine, which has included The list is as follows: We have had hardly a response. this project as part of its 20-year state- Bob Smith: Section 127 of title 23. I do not have to lecture my col- wide transportation plan, can use a Hollings: Relevant. leagues, certainly, but this is the last portion of the roughly $17 million in Hollings: Relevant. week before we adjourn for August and higher Federal highway funding from Graham: Transit. get home to do the things we have to this legislation to pursue and conduct Daschle/Johnson: Relevant. do with our constituents. I hope we can the NEPA study. MANAGERS PACKAGE help move the process along. We ask Mr. President, at this point, I will Shelby amendment. our colleagues to join in to get the yield the floor to the chairman of the Lautenberg amendment. business of the people done, to get subcommittee so that he may respond Durbin: Relevant. those amendments up here as quickly Graham/Levin Sense-of-Senate: Relevant. to my inquiry. Byrd: Relevant. as we can tomorrow. Mr. SHELBY. Mr. President, Senator Stevens: Relevant. We intend—and I discussed this with COLLINS has been in touch with our Kerrey: Relevant. Senator SHELBY—to be here long subcommittee throughout the year as Boxer: Railroad. enough to get the work done, but we we prepared the 1998 Transportation Chafee: Relevant. cannot do it unless people offer their appropriation bill. She has talked to us Chafee: Relevant. amendments and take advantage of the more than once. In particular, the Sen- Warner: Relevant. opportunity to make those suggestions ator from Maine has made clear that Warner: Relevant. that they think improve the bill. securing available sources of funding Specter: Relevant. Enzi: Relevant. So I send out this plea, Mr. Presi- for the NEPA study is a very high pri- Enzi: Relevant. dent, probably to those who are just ority for her and the people in the Mack: ISTEA reauthorization. turning off their TV sets around the northern part of her State of Maine. Abraham: Relevant. Capitol and say that we hope you will The Senator has also been a strong D’Amato: Relevant. remember the bill will be open again supporter of higher funding in fiscal Frist: Relevant. tomorrow after the votes which are year 1998 to meet other necessary Gorton: Relevant. now listed and that we can get to work transportation priorities on behalf of Bond: Relevant. on passing the appropriations bill for the State of Maine as well. Brownback: Relevant. Moseley-Braun: Motorcycle helmets. 1998, one that we can send over to the Mr. President, I want to take this op- House and get a conference on. We are Mr. SHELBY. Mr. President, I fur- portunity to confirm the inquiry of the moving along at a very good pace with ther ask that when all of the above Senator and to reiterate that the State our appropriations bills for next year, amendments have been disposed of, S. of Maine is clearly able to use highway and we ought to continue to help that 1048 be advanced to third reading and funds provided in this act, subject to pace, get done, and let the people the Senate immediately turn to H.R. ISTEA reauthorization, to conduct a across the country know the appro- 2169, the House companion bill, all NEPA study. I believe that the Senator priate investments are going to be after the enacting clause be stricken from Maine has made a compelling made in the things that are included in and the text of S. 1048, as amended, be case for moving ahead with this study this bill. inserted, H.R. 2169 be immediately ad- and, in fact, I believe that the NEPA With that simple admonition, Mr. vanced to third reading, and the Senate study would be a good use of a portion President, I yield the floor. of Maine’s highway funding. proceed to vote on passage, all without further action or debate. Mr. President, Senator COLLINS has f made it very clear to the subcommit- The PRESIDING OFFICER. Without tee how important improving the trav- objection, it is so ordered. MORNING BUSINESS el corridor in northern Maine is, and I Mr. SHELBY. Finally, I ask that fol- share her view that this NEPA study lowing the vote on passage of the Mr. SHELBY. Mr. President, I ask would be a very high priority for fund- transportation appropriations bill, the unanimous consent at this time there ing in 1998. Senate insist on its amendments, re- now be a period for the transaction of Ms. COLLINS. Mr. President, I thank quest a conference with the House, the morning business with Senators per- the chairman for his assurances and ex- Chair be authorized to appoint con- mitted to speak for up to 5 minutes press my gratitude and thanks to him ferees on the part of the Senate, and S. each. and his staff for their assistance in this 1048 be placed back on the calendar. The PRESIDING OFFICER. Without matter. The PRESIDING OFFICER. Without objection, it is so ordered. I also want to again applaud his ef- objection, it is so ordered. forts to ensure that we have adequate Mr. SHELBY. Mr. President, I fur- f funding for our transportation infra- ther ask unanimous consent that the structure, which is so vital to this Na- Senate resume consideration of S. 1048 MESSAGES FROM THE PRESIDENT tion’s prosperity. immediately following the stacked Thank you, Mr. President. votes at 2:15 on Tuesday. Messages from the President of the Mr. SHELBY. Mr. President, I sug- The PRESIDING OFFICER. Is there United States were communicated to gest the absence of a quorum. objection? The Chair hears none, and it the Senate by Mr. Williams, one of his The PRESIDING OFFICER. The is so ordered. secretaries. clerk will call the roll. Mr. SHELBY. For the information of EXECUTIVE MESSAGES REFERRED The legislative clerk proceeded to all Senators, the managers intend to As in executive session the Presiding call the roll. remain in session until all amendments Officer laid before the Senate messages Mr. SHELBY. Mr. President, I ask are offered and debated with respect to from the President of the United unanimous consent that the order for the Transportation bill. Therefore, States submitting treaties, a with- the quorum call be rescinded. Members should expect final disposi- drawal, and sundry nominations which The PRESIDING OFFICER. Without tion of the Transportations appropria- were referred to the appropriate com- objection, it is so ordered. tions bill on Wednesday morning. mittees. Mr. SHELBY. Mr. President, I ask Mr. LAUTENBERG. Mr. President, if (The nominations received today are unanimous consent that the following I may say to my colleague, the chair- printed at the end of the Senate pro- be the only first-degree amendments in man, I will just take the floor for a ceedings.) S8186 CONGRESSIONAL RECORD — SENATE July 28, 1997 REPORT ENTITLED ‘‘THE POLICY and Information, U.S. Environmental Pro- By Mr. MACK (for himself, Mr. GRA- ON PROTECTION OF NATIONAL tection Agency, transmitting, pursuant to HAM, and Mr. KENNEDY) (by request): INFORMATION INFRASTRUCTURE law, three rules including a rule entitled S. 1076. A bill to provide relief to certain AGAINST STRATEGIC ATTACK’’— ‘‘Correction of Implementation Plans’’ aliens who would otherwise be subject to re- (FRL5847–8, 5848–4, 5844–3) received on June moval from the United States; to the Com- MESSAGE FROM THE PRESI- 23, 1997; to the Committee on Environment mittee on the Judiciary. DENT—PM 56 and Public Works. By Mr. MCCAIN (for himself and Mr. The PRESIDING OFFICER laid be- EC–2310. A communication from the Regu- INOUYE): fore the Senate the following message latory Policy Official, National Archives and S. 1077. A bill to amend the Indian Gaming from the President of the United Records Administration, transmitting, pur- Regulatory Act, and for other purposes; to suant to law, a report of a rule relative to the Committee on Indian Affairs. States, together with an accompanying Reproduction Fee Schedule (RIN3095–AA71), By Mr. SPECTER (for himself, Mr. report; which was referred to the Com- received on June 17, 1997; to the Committee ROCKEFELLER, Mr. ABRAHAM, Mr. mittee on Armed Services. on Governmental Affairs. AKAKA, Mr. ALLARD, Mr. ASHCROFT, To the Congress of the United States: EC–2311. A communication from the Regu- Mr. BINGAMAN, Mr. BOND, Mr. latory Policy Official, National Archives and BREAUX, Mr. CAMPBELL, Mr. CLELAND, Pursuant to section 1061 of the Na- Records Administration, transmitting, pur- Mr. COATS, Mr. COCHRAN, Ms. COL- tional Defense Authorization Act for suant to law, a report of a rule entitled ‘‘Do- LINS, Mr. CRAIG, Mr. D’AMATO, Mr. Fiscal Year 1997, attached is a report, mestic Distribution of United States Infor- DEWINE, Mr. DODD, Mr. DORGAN, Mr. with attachments, covering Policy on mation Agency Materials in the Custody of DURBIN, Mr. FAIRCLOTH, Mrs. FEIN- Protection of National Information In- the National Archives’’ (RIN3095–AA55), re- STEIN, Mr. FORD, Mr. GLENN, Mr. frastructure Against Strategic Attack. ceived on June 17, 1997; to the Committee on GRAHAM, Mr. GRAMS, Mr. GRASSLEY, WILLIAM J. CLINTON. Governmental Affairs. Mr. HAGEL, Mr. HATCH, Mr. HELMS, EC–2312. A communication from the Chair- Mr. HOLLINGS, Mr. INHOFE, Mr. THE WHITE HOUSE, July 28, 1997. man, National Endowment for the Arts, INOUYE, Mr. JEFFORDS, Mr. f transmitting, pursuant to law, a report rel- KEMPTHORNE, Ms. LANDRIEU, Mr. MESSAGES FROM THE HOUSE ative to the period of October 1, 1996 to LIEBERMAN, Mr. MACK, Mr. MCCAIN, March 31, 1997; to the Committee on Govern- Ms. MOSELEY-BRAUN, Mr. MURKOWSKI, At 3:05 p.m., a message from the mental Affairs. Mrs. MURRAY, Mr. REID, Mr. ROTH, House of Representatives, delivered by EC–2313. A communication from the In- Mr. SANTORUM, Mr. SMITH of Oregon, Mr. Hays, one of its reading clerks, an- spector General, U.S. Office of Personnel Ms. SNOWE, Mr. STEVENS, and Mr. nounced that the House has passed the Management, transmitting, pursuant to law, THURMOND): following bill, in which it requests the a report relative to the period October 1, 1996 S.J. Res. 36. A joint resolution to confer through March 31, 1997; to the Committee on status as an honorary veteran of the United concurrence of the Senate: Governmental Affairs. States Armed Forces on Leslie Townes (Bob) H.R. 2203. An act making appropriations EC–2314. A communication from the Sec- Hope; to the Committee on Veterans Affairs. for energy and water development for the fis- retary of Housing and Urban Development, f cal year ending September 30, 1998, and for transmitting, a draft of proposed legislation other purposes. entitled ‘‘Homelessness Assistance and Man- SUBMISSION OF CONCURRENT AND f agement Reform Act of 1997’’; to the Com- SENATE RESOLUTIONS mittee on Banking, Housing, and Urban Af- EXECUTIVE AND OTHER fairs. The following concurrent resolutions COMMUNICATIONS EC–2315. A communication from the Acting and Senate resolutions were read, and referred (or acted upon), as indicated: The following communications were General Counsel, Department of Housing and Urban Development, transmitting, pursuant laid before the Senate, together with By Mr. LAUTENBERG (for himself and to law, five rules entitled ‘‘HOME Invest- Mr. SPECTER): accompanying papers, reports, and doc- ment Partnership Program’’ (FR–3962), re- S. Con. Res. 44. A concurrent resolution ex- uments, which were referred as indi- ceived on June 23, 1997; to the Committee on pressing the sense of the Congress that a cated: Banking, Housing, and Urban Affairs. postage stamp should be issued to honor the EC–2303. A communication from the Sec- EC–2316. A communication from the Direc- 100th anniversary of the Jewish War Veter- retary of Health and Human Services, trans- tor, U.S. Office of Personnel Management, ans of the United States of America; to the mitting, pursuant to law, a report under the transmitting, a draft of proposed legislation Committee on Governmental Affairs. relative to judicial review to protect the Inspector General’s Act for the period Octo- f ber 1, 1996 through March 31, 1997; to the merit system; to the Committee on Govern- Committee on Governmental Affairs. mental Affairs. STATEMENTS ON INTRODUCED EC–2304. A communication from the Fed- f BILLS AND JOINT RESOLUTIONS eral Co-Chairman, Appalachian Regional Commission, transmitting, pursuant to law, INTRODUCTION OF BILLS AND By Mr. TORRICELLI (for himself, a report under the Inspector General’s Act JOINT RESOLUTIONS Mr. MACK, Mr. HELMS, and Mr. GRAHAM): for the period October 1, 1996 through March The following bills and joint resolu- 31, 1997; to the Committee on Governmental S. 1073. A bill to withhold United tions were introduced, read the first Affairs. States assistance for programs for and second time by unanimous con- EC–2305. A communication from the Chair- projects of the International Atomic sent, and referred as indicated: man and General Counsel, U.S. Government Energy Agency in Cuba, and for other National Labor Relations Board, transmit- By Mr. SMITH of Oregon: purposes; to the Committee on Foreign ting, pursuant to law, a report for the period S. 1072. A bill to amend title 35, United October 1, 1996 through March 31, 1997; to the States Code, to protect patent owners Relations. Committee on Governmental Affairs. against the unauthorized sale of plant parts THE INTERNATIONAL ATOMIC ENERGY AGENCY EC–2306. A communication from the Ad- taken from plants illegally reproduced, and (IAEA) ACCOUNTABILITY AND SAFETY ACT OF 1997 ministrator, National Aeronautics and Space for other purposes; to the Committee on the Mr. TORRICELLI. Mr. President, I Administration, transmitting, pursuant to Judiciary. rise today to join with my colleagues, law, a report relative to the period ending By Mr. TORRICELLI (for himself, Mr. Senators MACK, HELMS, and GRAHAM, in March 31, 1997; to the Committee on Govern- MACK, Mr. HELMS, and Mr. GRAHAM): introducing the International Atomic mental Affairs. S. 1073. A bill to withhold United States as- EC–2307. A communication from the Sec- sistance for programs for projects of the Energy Agency [IAEA] Accountability retary of Energy, transmitting, pursuant to International Atomic Energy Agency in and Safety Act of 1997. law, sixteen reports to the period of October Cuba, and for other purposes; to the Commit- This legislation will withhold from 1, 1996 through March 31, 1997; to the Com- tee on Foreign Relations. the International Atomic Energy Agen- mittee on Governmental Affairs. By Mr. DODD: cy [IAEA] a proportional share of Unit- EC–2308. A communication from the Public S. 1074. A bill to amend title IV of the So- ed States assistance for programs or Printer, U.S. Government Printing Office, cial Security Act to reform child support en- projects of that Agency in Cuba. It transmitting, pursuant to law, a report rel- forcement procedures; to the Committee on seeks to discourage the IAEA from ative to the period October 1, 1996 through Finance. March 31, 1997; to the Committee on Govern- S. 1075. A bill to provide for demonstration technical assistance programs or mental Affairs. projects to establish or improve a system of projects that would contribute to the EC–2309. A communication from the Direc- assured minimum child support payments; to maintenance or completion of the tor of the Office of Regulatory Management the Committee on Finance. Juragua Nuclear Power Plant near July 28, 1997 CONGRESSIONAL RECORD — SENATE S8187 Cienfuegos, Cuba and/or to nuclear re- child support obligations. Currently, gling to create a coherent system of search or experiments at the Pedro Pi Congress and the President are engaged collection, we’ll have one collector: the Nuclear Research Center. in a heated debate over how to provide IRS. People may not like the IRS—but Our legislation makes clear to Cuba health insurance to the 101⁄2 million that’s partly because it gets the job and to the international community kids who don’t currently have it. We done. This bill creates a new child sup- that the United States considers the might not be having that debate if the port enforcement division within the existence of nuclear facilities under child support system was working. IRS, and allows the IRS to use its nor- the control of a government on the list Imagine how much better parents mal tax collection methods to collect of terrorist countries that has not rati- could prepare their children to get the child support. My legislation would fied the fundamental agreements on right start in life. With each passing also allow the use of Federal courts to the nonproliferation of nuclear weap- day, we are learning about how incred- enforce child support orders—which ons a threat to the national security of ibly important the first years, months, will immensely help track deadbeat the United States. As such, the United even days of life are to a child’s future parents across State lines. And it pre- States seeks to discourage all other well-being. Most importantly, they serves the role of States in determining governments and international agen- need what money can’t buy: Love, af- paternity and establishing child sup- cies from assisting the efforts of the fection, and attention—preferably by port orders in the first place. Cuban Government to maintain or two parents rather than one. But they Second, this legislation tries a new complete the Juragua Plant or to ad- also need wholesome food, a clean and approach to help States do a better job vance nuclear research at the Pedro Pi safe neighborhood, child care that nur- in child support enforcement. It’s an facility. tures rather than warehouses, and approach that a number of States have United States funds would be made early learning that stretches young tried with considerable success. It’s available to the IAEA to discontinue, minds. Yet, nearly two in three—64 called child support assurance. The bill dismantle, or conduct safety inspec- percent—of children under the age of 6 I introduce today would provide dem- tions of nuclear facilities and related who live only with their mothers live onstration grants to three, four, or five materials in Cuba, or to inspect or un- in poverty. States. Those States would in turn dertake similar activities designed to For two decades, the Federal Govern- guarantee child support payments each prevent the development of nuclear ment has tried to help States crack month to children and custodial par- weapons by Cuba. down on deadbeat parents. For two dec- ents. When this approach was tried in The withholding of funds from the ades they have, by and large, failed to New York, a number of positive devel- IAEA would be obviated if: Cuba rati- get the job done. It’s time now to try a opments occurred. First, children got fies the Treaty on the Non-Prolifera- different approach. the support they needed. Second, wel- tion of Nuclear Weapons or the Treaty In 1975, we established the child sup- fare payments dropped. Third, New for the Prohibition of Nuclear Weapons port enforcement program, which paid York could devote more resources to in Latin America (Tlatelolco); nego- the majority of the administrative and enforcing child support orders because tiates full-scope safeguards of the operating costs incurred by States in it had to worry less about caring for IAEA within two years of ratifying; enforcing child support rules. parents and kids who weren’t receiving and adopts internationally accepted In 1980, we passed legislation to help child support payments. Overall, New nuclear safety standards. States pay to computerize child sup- York saved $10 for every $1 it invested The legislation also requests reports port orders. in this program. on the activities of the IAEA in Cuba. In 1988, we passed a law requiring Last week’s GAO report dem- States to establish computer registries, onstrates that it’s time for our Nation By Mr. DODD: and committed $2.6 billion to the ef- to take a new approach in efforts to en- S. 1074. A bill to amend title IV of the fort. force child support obligations. This Social Security Act to reform child We set a deadline of 1995 for imple- legislation can work. And now is the support enforcement procedures; to the mentation and certification of those time to try it. Committee on Finance. registries. But only a handful of States Mr. President, I ask unanimous con- S. 1075. A bill to provide for dem- met that deadline. sent that these bills be printed in the onstration projects to establish or im- So in 1995, we extended the deadline 2 RECORD. prove a system of assured minimum years, to October 1, 1997. Yet, at this There being no objection, the bills child support payments; to the Com- moment, only 15 States have met the were ordered to be printed in the mittee on Finance. requirements of certification. And GAO RECORD, as follows: CHILD SUPPORT LEGISLATION predicts many will not meet them by S. 1074 Mr. DODD. Mr. President, today I’m October 1—a result of mismanagement, Be it enacted by the Senate and House of Rep- introducing two pieces of legislation interagency squabbles, and a failure to resentatives of the United States of America in intended to address the ongoing and accurately assess the cost and com- Congress assembled, utter failure of our Nation’s child sup- plexity of computerizing child support SECTION 1. SHORT TITLE; TABLE OF CONTENTS. port efforts. enforcement. (a) SHORT TITLE.—This Act may be cited as Last week, the General Accounting Note that Connecticut at the mo- the ‘‘Child Support Reform Act of 1997’’. (b) TABLE OF CONTENTS.—The table of con- Office released a long-awaited report ment is conditionally certified. That’s tents of this Act is as follows: on efforts to collect child support a nice way of saying that it’s close to Sec. 1. Short title; table of contents. throughout the country. It paints a meeting the requirements of certifi- Sec. 2. Findings and purposes. picture of a broken child support sys- cation, but not there yet. And while TITLE I—NATIONAL CHILD SUPPORT tem: there has been some improvement in GUIDELINES COMMISSION One where four out of five parents le- enforcement efforts, overall our State’s Sec. 101. National Child Support Guidelines gally required to pay child support performance is weak by any standard. Commission. simply ignore court orders to do so; Some $663 million in child support obli- TITLE II—CENTRALIZED CHILD SUPPORT one where nearly three in four custo- gations remain unpaid and uncollected. ENFORCEMENT dial parents—and their children—who The child support payment rate in our Sec. 201. Establishment of the Office of the receive no child support live in poverty State—the percentage of payments Assistant Commissioner for (as of 1991); and one where a staggering that are on time and in full—is only 16 Centralized Child Support En- $34 billion in child support payments percent. That’s below the national av- forcement. remain uncollected. erage. Sec. 202. Use of Federal Case Registry of The current system of child support Child Support Orders and Na- My legislation will do several things. tional Directory of New Hires. is not just a failure by the States to First, and most importantly, it will Sec. 203. Division of Enforcement. collect money. It’s a nationwide failure federalize the child support system. It Sec. 204. State plan requirements. to care for America’s children. will make paying child support as Sec. 205. Definitions. Imagine what parents could do for much of an obligation as paying taxes. TITLE III—EFFECTIVE DATES their kids with these billions in unpaid Instead of 50 or more entities strug- Sec. 301. Effective dates. S8188 CONGRESSIONAL RECORD — SENATE July 28, 1997 SEC. 2. FINDINGS AND PURPOSES. sion’’ (in this section referred to as the and third sentences of subparagraph (D), sub- (a) FINDINGS.—Congress finds that— ‘‘Commission’’). paragraph (F) (except with respect to the (1) an increasing number of children are (b) GENERAL DUTIES.—The Commission conduct of medical studies), clauses (ii) and raised in families with only one parent shall study and evaluate the various child (iii) of subparagraph (G), and subparagraph present, usually the mother, and these fami- support guidelines currently in use by the (H) of section 1886(e)(6) of the Social Secu- lies are 5 times as likely to be poor as 2-par- States, identify the benefits and deficiencies rity Act shall apply to the Commission in ent families; of such guidelines in providing adequate sup- the same manner in which such provisions (2) the failure of noncustodial parents to port for children, and recommend any needed apply to the Prospective Payment Assess- pay their fair share of child support is a improvements. ment Commission. (c) MATTERS FOR CONSIDERATION BY THE major contributor to poverty among single- (f) REPORT.—Not later than 2 years after parent families; COMMISSION.—In making the recommenda- the appointment of members, the Commis- (3) in 1990, there was a $33,700,000,000 gap tions concerning guidelines required under sion shall submit to the President, the Com- subsection (b), the Commission shall con- between the amount of child support that mittee on Ways and Means of the House of sider— was received and the amount that could have Representatives, and the Committee on Fi- (1) matters generally applicable to all sup- been collected; nance of the Senate, a final assessment of port orders, including— (4) in 1991, the aggregate child support in- how States, through various child support (A) the relationship between the guideline come deficit was $5,800,000,000; guideline models, are serving custodial par- amounts and the actual costs of raising chil- (5) as of spring 1992, only 54 percent, or ents and children. dren; and 6,200,000, of custodial parents received (g) TERMINATION.—The Commission shall (B) how to define income and under what awards of child support, and of the 6,200,000 terminate 6 months after the submission of circumstances income should be imputed; custodial parents awarded child support, the report described in subsection (e). (2) the appropriate treatment of cases in 5,300,000 were supposed to receive child sup- which either or both parents have financial TITLE II—CENTRALIZED CHILD SUPPORT port payments in 1991; obligations to more than 1 family, including ENFORCEMENT (6) of the custodial parents described in the effect (if any) to be given to— SEC. 201. ESTABLISHMENT OF THE OFFICE OF paragraph (5), approximately 1⁄2 of the par- (A) the income of either parent’s spouse; THE ASSISTANT COMMISSIONER FOR ents due child support received full payment and CENTRALIZED CHILD SUPPORT EN- and the remaining 1⁄2 were divided equally (B) the financial responsibilities of either FORCEMENT. between those receiving partial payment (24 parent for other children or stepchildren; (a) IN GENERAL.—For purposes of locating percent) and those receiving nothing (25 per- (3) the appropriate treatment of expenses absent parents and facilitating the enforce- cent); for child care (including care of the children ment of child support obligations, the Sec- (7) as a result of the situation described in of either parent, and work-related or job- retary of the Treasury shall establish within paragraphs (5) and (6), increasing numbers of training-related child care); the Internal Revenue Service an Office of the families are turning to the child support pro- (4) the appropriate treatment of expenses Assistant Commissioner for Centralized gram established under part D of title IV of for health care (including uninsured health Child Support Enforcement which shall es- the Social Security Act (42 U.S.C. 651 et seq.) care) and other extraordinary expenses for tablish not later than October 1, 1997, a Divi- for assistance, accounting for an over 40 per- children with special needs; sion of Enforcement for the purpose of carry- cent increase in the caseload under that pro- (5) the appropriate duration of support by ing out the duties described in section 203. gram during the 1991 to 1995 period; 1 or both parents, including (b) COORDINATION.—The Secretary of the (8) during the 1991 to 1995 period, the per- (A) support (including shared support) for Treasury, in consultation with the Secretary centage of cases under the title IV-D child post-secondary or vocational education; and of Health and Human Services shall issue support program in which a collection was (B) support for disabled adult children; regulations for the coordination of activities made declined from 19.3 percent to 18.9 per- (6) procedures to automatically adjust among the Office of the Assistant Commis- cent; child support orders periodically to address sioner for Centralized Child Support Enforce- (9) the Internal Revenue Service has im- changed economic circumstances, including ment, the Assistant Secretary for Children proved its performance in making collec- changes in the consumer price index or ei- and Families, and the States, to facilitate tions in cases referred to it by the title IV- ther parent’s income and expenses in par- the purposes of this title. D child support program, moving from suc- ticular cases; and SEC. 202. USE OF FEDERAL CASE REGISTRY OF cessfully intercepting Federal income tax re- (7) whether, or to what extent, support lev- CHILD SUPPORT ORDERS AND NA- funds in 992,000 cases in 1992 to successfully els should be adjusted in cases in which cus- TIONAL DIRECTORY OF NEW HIRES. intercepting Federal income tax refunds in tody is shared or in which the noncustodial Section 453(j)(2) of the Social Security Act 1,200,000 cases in 1996; parent has extended visitation rights. (42 U.S.C. 653(j)(2)) is amended to read as fol- (10) in cases under the title IV-D child sup- (d) MEMBERSHIP.— lows: port program in which a collection is made, (1) NUMBER; APPOINTMENT.— ‘‘(2) INFORMATION COMPARISONS.— approximately 1⁄3 of such cases are cases (A) IN GENERAL.—The Commission shall be ‘‘(A) IN GENERAL.—For the purpose of lo- where some or all of the collection is a result composed of 12 individuals appointed jointly cating individuals in a paternity establish- of a Federal tax refund intercept; by the Secretary of Health and Human Serv- ment case or a case involving the establish- (11) in 1995, the average amount collected ices and the Congress, not later than Janu- ment, modification, or enforcement of a sup- for families in which the Internal Revenue ary 15, 1998, of which— port order, the Secretary shall— Service made a collection through the Fed- (i) 2 shall be appointed by the Chairman of ‘‘(i) compare information in the National eral tax refund intercept method was $827 for the Committee on Finance of the Senate, Directory of New Hires against information families receiving Aid to Families with De- and 1 shall be appointed by the ranking mi- in the support case abstracts in the Federal pendent Children and $847 for other families; nority member of the Committee; Case Registry of Child Support Orders not and (ii) 2 shall be appointed by the Chairman of less often than every 2 business days; and (12) State-by-State child support guide- the Committee on Ways and Means of the ‘‘(ii) within 2 business days after such a lines have resulted in orders that vary sig- House of Representatives, and 1 shall be ap- comparison reveals a match with respect to nificantly from State to State, resulting in pointed by the ranking minority member of an individual, report the information to the low awards and inequities for children. the Committee; and Division of Enforcement for centralized en- (b) PURPOSE.—It is the purpose of this Act (iii) 6 shall be appointed by the Secretary forcement. to— of Health and Human Services. ‘‘(B) CASES REFERRED TO DIVISION OF EN- (1) provide for the review of various State (B) QUALIFICATIONS OF MEMBERS.—Members FORCEMENT.—If a case is referred to the Divi- child support guidelines to determine how of the Commission shall have expertise and sion of Enforcement by the Secretary under custodial parents and children are served by experience in the evaluation and develop- subparagraph (A)(ii), the Division of Enforce- such guidelines; ment of child support guidelines. At least 1 ment shall— (2) increase the economic security of chil- member shall represent advocacy groups for ‘‘(i) notify the custodial and noncustodial dren, improve the enforcement of child sup- custodial parents, at least 1 member shall parents of such referral, port awards through a more centralized, effi- represent advocacy groups for noncustodial ‘‘(ii) direct the employer to remit all child cient system; and parents, and at least 1 member shall be the support payments to the Internal Revenue (3) improve the enforcement of child sup- director of a State program under part D of Service; port orders by placing responsibility for en- title IV of the Social Security Act. ‘‘(iii) receive all child support payments forcement in the Internal Revenue Service. (2) TERMS OF OFFICE.—Each member shall made pursuant to the case; TITLE I—NATIONAL CHILD SUPPORT be appointed for a term of 2 years. A vacancy ‘‘(iv) record such payments; and GUIDELINES COMMISSION in the Commission shall be filled in the man- ‘‘(v) promptly disburse the funds— SEC. 101. NATIONAL CHILD SUPPORT GUIDE- ner in which the original appointment was ‘‘(I) if there is an assignment of rights LINES COMMISSION. made. under section 408(a)(3), in accordance with (a) ESTABLISHMENT.—There is hereby es- (e) COMMISSION POWERS, COMPENSATION, AC- section 457, and tablished a commission to be known as the CESS TO INFORMATION, AND SUPERVISION.—The ‘‘(II) in all other cases, to the custodial ‘‘National Child Support Guidelines Commis- first sentence of subparagraph (C), the first parent.’’. July 28, 1997 CONGRESSIONAL RECORD — SENATE S8189

SEC. 203. DIVISION OF ENFORCEMENT. (b) SPECIAL RULE.—In the case of a State strengthen the establishment and enforce- (a) IN GENERAL.—With respect to the Divi- that the Secretary of Health and Human ment of child support awards, and to pro- sion of Enforcement, the duties described in Services determines requires State legisla- mote work by custodial and noncustodial this section are as follows: tion (other than legislation appropriating parents. (1) Enforce all child support orders referred funds) in order to meet the additional re- SEC. 3. DEFINITIONS. to the Division of Enforcement— quirements imposed by the amendments In this Act: (A) under section 453(j)(2)(A)(ii) of the So- made by this Act, the State shall not be re- (1) CHILD.—The term ‘‘child’’ means an in- cial Security Act (42 U.S.C. 653(j)(2)(A)(ii)); garded as failing to comply with the require- dividual who is of such an age, disability, or (B) by the State in accordance with section ments of such amendments before the first educational status as to be eligible for child 454(35) of such Act (42 U.S.C. 654(35)); and day of the first calendar quarter beginning support as provided for by law. (C) under section 452(b) of such Act (42 after the close of the first regular session of (2) ELIGIBLE CHILD.—The term ‘‘eligible U.S.C. 652(b)). the State legislature that begins after the child’’ means a child— (2) Enforce a child support order in accord- date of enactment of this Act. For purposes (A) who is not currently receiving cash as- ance with the terms of the abstract con- of this subsection, in the case of a State that sistance under the State program funded tained in the Federal Case Registry of Child has a 2-year legislative session, each year of under part A of title IV of the Social Secu- Support Orders or the modified terms of such the session shall be treated as a separate reg- rity Act (42 U.S.C. 601 et seq.); an order upon notification of such modifica- ular session of the State legislature. (B) who meets the eligibility requirements tions by the Secretary of Health and Human established by the State for participation in Services. S. 1075 a project administered under this section; (3) Enforce medical support provisions of Be it enacted by the Senate and House of Rep- and any child support order using any means resentatives of the United States of America in (C) who is the subject of a support order, as available under State or Federal law. Congress assembled, defined in section 453(p) of the Social Secu- (4) Receive and process requests for a Fed- SECTION 1. SHORT TITLE. rity Act (42 U.S.C. 653(p)), or for which good eral income tax refund intercept made in ac- This Act may be cited as the ‘‘Child Sup- cause exists, as determined by the appro- cordance with section 464 of the Social Secu- port Assurance Act of 1997’’. priate State agency under section 454(29)(A) rity Act (42 U.S.C. 664). SEC. 2. FINDINGS AND PURPOSES. of such Act (42 U.S.C. 654(29)(A)), for not hav- (b) FAILURE TO PAY AMOUNT OWING.—With (a) FINDINGS.—Congress finds the follow- ing or pursuing a support order. respect to any child support order being en- ing: (3) SECRETARY.—The term ‘‘Secretary’’ forced by the Division of Enforcement, if an (1) Increasingly, children are raised in fam- means the Secretary of Health and Human individual fails to pay the full amount re- ilies with only 1 parent present, usually the Services. quired to be paid on or before the due date mother, and these single-parent families are for such payment, the Office of the Assistant SEC. 4. ESTABLISHMENT OF CHILD SUPPORT AS- 5 times as likely to be poor as 2-parent fami- SURANCE DEMONSTRATION Commissioner for Centralized Child Support lies. PROJECTS. Enforcement, through the Division of En- (2) The failure of noncustodial parents to (a) DEMONSTRATIONS AUTHORIZED.—The forcement, may assess and collect the unpaid pay their fair share of child support is a sig- Secretary shall make grants to not less than amount in the same manner, with the same nificant contributor to poverty among sin- 3 and not more than 5 States to conduct powers, and subject to the same limitations gle-parent families. demonstration projects for the purpose of es- applicable to a tax imposed by subtitle C of (3) In 1990, there was a $33,700,000,000 gap tablishing or improving a system of an as- the Internal Revenue Code of 1986 the collec- between the amount of child support that sured minimum child support payment to an tion of which would be jeopardized by delay. was received and the amount that could have eligible child in accordance with this sec- (c) USE OF FEDERAL COURTS.—The Office of been collected. tion. the Assistant Commissioner for Centralized (4) In 1991, the aggregate child support in- (b) APPLICATION AND SELECTION.— Child Support Enforcement, through the Di- come deficit was $5,800,000,000. (1) APPLICATION REQUIREMENTS.—An appli- vision of Enforcement, may utilize the (5) As of spring 1992, only 54 percent, or cation for a grant under this section shall be courts of the United States to enforce child 6,200,000, of custodial parents received submitted by the Chief Executive Officer of a support orders against absent parents upon a awards of child support. Of the 6,200,000 cus- State and shall— finding that— todial parents awarded child support, (A) contain a description of the proposed (1) the order is being enforced by the Divi- 5,300,000 were supposed to receive child sup- child support assurance project to be estab- sion of Enforcement; and port payments in 1991. Approximately 1⁄2 of lished, implemented, or improved using (2) utilization of such courts is a reason- the parents due child support received full amounts provided under this section, includ- able method of enforcing the child support payment; the remaining 1⁄2 were divided ing the level of the assured minimum child order. equally between those receiving partial pay- support payment to be provided and the (d) CONFORMING AMENDMENTS.— agencies that will be involved; (1) Section 452(a)(8) (42 U.S.C. 652(a)(8)) is ment (24 percent) and those receiving noth- (B) specify whether the project will be car- repealed. ing (25 percent). ried out throughout the State or in limited (2) Section 452(c) (42 U.S.C. 652(c)) is re- (6) Custodial parents who are poor are areas of the State; pealed. much more likely to receive no child sup- port. Of the 3,700,000 custodial parents who (C) specify the level of income, if any, at SEC. 204. STATE PLAN REQUIREMENTS. were poor in 1991, over 3⁄4 received no child which a recipient or applicant will be ineli- (a) IN GENERAL.—Section 454 of the Social support. Only 34 percent of poor custodial gible for an assured minimum child support Security Act (42 U.S.C. 654) is amended by parents had child support awards and were payment under the project; striking ‘‘and’’ at the end of paragraph (32), supposed to receive child support payments (D) estimate the number of children who by striking the period at the end of para- in 1991. Of those parents, only 40 percent re- will be eligible for assured minimum child graph (33) and inserting ‘‘; and’’, and by in- ceived full payment, 29 percent received par- support payments under the project; serting after paragraph (33) the following tial payment, and 32 percent received noth- (E) contain a description of the work re- new paragraph: ing. quirements, if any, for noncustodial parents ‘‘(34) provide that the State will cooperate (7) The percentage of poor women who were whose children are participating in the with the Office of the Assistant Commis- awarded child support in 1991, 39 percent, was project; sioner for Centralized Child Support Enforce- significantly lower than the 65 percent award (F) contain a commitment by the State to ment to facilitate the exchange of informa- rate for nonpoor women. carry out the project during a period of not tion regarding child support cases and the (8) Families fare better with child support less than 3 and not more than 5 consecutive enforcement of orders by the Commis- than without that support. In 1991, 43 percent fiscal years beginning with fiscal year 1998; sioner.’’. of custodial parents who did not have child and (b) CONFORMING AMENDMENT.—Section (G) contain such other information as the 455(b) of the Social Security Act (42 U.S.C. support orders were poor. Secretary may require by regulation. 655(b)) is amended by striking ‘‘454(34)’’ and (9) In 1991, the average total money income (2) SELECTION CRITERIA.—The Secretary inserting ‘‘454(33)’’. of custodial parents receiving child support due was 21 percent higher than that received shall consider geographic diversity in the se- SEC. 205. DEFINITIONS. by parents who did not receive child support lection of States to conduct a demonstration Any term used in this title which is also due and was 45 percent higher than that re- project under this section, and any other cri- used in part D of title IV of the Social Secu- ceived by custodial parents with no child teria that the Secretary determines will con- rity Act (42 U.S.C. 651 et seq.) shall have the support award at all. tribute to the achievement of the purposes of meaning given such term by such part. (b) PURPOSES.—The purposes of this Act this Act. TITLE III—EFFECTIVE DATES are to enable participating States to estab- (c) USE OF FUNDS.—A State shall use SEC. 301. EFFECTIVE DATES. lish child support assurance systems in order amounts provided under a grant awarded (a) IN GENERAL.—Except as otherwise pro- to improve the economic circumstances of under this section to carry out a child sup- vided in this Act or subsection (b), the children who do not receive a minimum level port assurance project that is designed to amendments made by this Act take effect on of child support in a given month from the provide a minimum monthly child support the date of enactment of this Act. noncustodial parents of such children, to payment for each eligible child participating S8190 CONGRESSIONAL RECORD — SENATE July 28, 1997 in the project to the extent that such mini- SEC. 5. MANDATORY REVIEW AND ADJUSTMENT legal Immigration Reform and Immi- mum child support is not paid in a month by OF CHILD SUPPORT ORDERS FOR grant Responsibility Act of 1996. the noncustodial parent. TANF RECIPIENTS. Section 466(a)(10) of the Social Security Thousands of families, hard-working, (d) TREATMENT OF CHILD SUPPORT PAY- law-abiding, taxpaying individuals who MENT.—Any assured minimum child support Act (42 U.S.C. 666(a)(10)) is amended— payment received by an individual under this (1) in subparagraph (A)(i), by striking ‘‘or, had followed every rule and regulation Act shall be considered child support for pur- if there is an assignment under part A, upon up to the passage of the immigration poses of determining the treatment of such the request of the State agency under the bill last year now live in fear of depor- payment under— State plan or of either parent,’’; and tation. (1) the Internal Revenue Code of 1986; and (2) by adding at the end the following: Working together, and working swift- (2) any eligibility requirements for any ‘‘(D) MANDATORY 3–YEAR REVIEW FOR PART A ly, Congress has the opportunity to means-tested program of assistance. ASSIGNMENTS.—Procedures under which the correct this injustice. (e) DURATION.—A demonstration project State shall conduct the review under sub- The families that we are helping conducted under this section shall com- paragraph (A) and make any appropriate ad- came to our Nation in the 1980’s. Our mence on October 1, 1997, and shall be con- justments under such subparagraph not less ducted for not less than 3 and not more than than every 3 years in the case of an assign- own Government encouraged them to 5 consecutive fiscal years, except that the ment under part A.’’. flee the Communist regimes and civil Secretary may terminate a project before unrest of Central America at that the end of such period if the Secretary deter- By Mr. MACK (for himself, Mr. time. mines that the State conducting the project GRAHAM, and Mr. KENNEDY) (by Our Nation’s foreign policy gave is not in compliance with the terms of the request): them a safe haven; our Immigration application approved by the Secretary under Service allowed for their work author- this section. S. 1076. A bill to provide relief to cer- (f) EVALUATIONS AND REPORTS.— tain aliens who would otherwise be ization and they settled in to our (1) STATE EVALUATIONS.— subject to removal from the United American society. (A) IN GENERAL.—Each State administering States; to the Committee on the Judi- Ten or fifteen years later, these fami- a demonstration project under this section ciary. lies have homes here. They have U.S. shall— THE IMMIGRATION REFORM TRANSITION ACT OF citizen children. They have jobs; they (i) provide for evaluation of the project, 1997 pay taxes, and they make tremendous meeting such conditions and standards as contributions to our local commu- the Secretary may require; and Mr. MACK. Mr. President, today I join my friends Senator GRAHAM and nities. (ii) submit to the Secretary reports, at the The Illegal Immigration and Immi- times and in the formats as the Secretary Senator KENNEDY in introducing a bill may require, and containing any information which would ease the transition into grant Responsibility Act of 1996 se- (in addition to the information required implementation of the Illegal Immigra- verely restricted the avenues of relief under subparagraph (B)) as the Secretary tion Reform and Immigrant Respon- that were traditionally available to may require. sibility Act of 1996 [IIRAIRA] for cer- aliens who have resided in the United (B) REQUIRED INFORMATION.—A report sub- tain Central American immigrants. States on a long-term basis. mitted under subparagraph (A)(ii) shall in- Then, on February 20 of this year, the This legislation, which has been re- clude information on and analysis of the ef- Board of Immigration Appeals inter- quested by President Clinton, is de- fect of the project with respect to— preted a section of the immigration signed to ensure that those immigrants (i) the amount of child support collected bill as applying, in all essence, retro- for project recipients; who were in the administrative pipe- (ii) the economic circumstances and work actively. line at the time IIRAIRA took effect Forty thousand Nicaraguans in efforts of custodial parents; will have their cases decided under the (iii) the work efforts of noncustodial par- Miami alone who, under the old law, set of rules in place before enactment would have qualified for suspension of ents; of IIRAIRA. This legislation will by no (iv) the rate of compliance by noncustodial deportation, would now be deportable parents with support orders; means grant amnesty to anyone; it will because of Board’s decision. (v) project recipients’ need for assistance ensure that each individual will have Families would be torn apart. Close- under means-tested assistance programs their application for suspension of de- knit communities would evaporate. other than the project administered under portation given full and fair consider- Businesses would suffer. In my heart, I this section; and ation. don’t believe this was the intent of (vi) any other matters that the Secretary This legislation is a matter of free- may specify. Congress when the immigration bill dom, justice, human rights and fun- was passed last year. (C) METHODOLOGY.—Information required damental fairness. During consider- under this paragraph shall be collected Janet Reno made an important step through the use of scientifically acceptable ation of IIRAIRA, I maintained that toward fairness and justice on July 11, sampling methods. those immigrants who were already in when she agreed to review the Board of (2) REPORTS TO CONGRESS.—The Secretary this country should not have the rules Immigration Appeal’s decision. I sup- shall, on the basis of reports received from changed on them midstream. Many ported her action, and appreciate her States administering projects under this sec- Central American immigrants have help in finding a humane and reason- tion, submit interim reports, and, not later planted deep roots in the United States able solution to these concerns. than 6 months after the conclusion of all and are valued members of their com- In her July 11 press release, the At- projects administered under this section, a munities. They should be free from the final report to Congress. A report submitted torney General informed Congress that under this paragraph shall contain an assess- fear of deportation without a full con- legislative action would be necessary ment of the effectiveness of the State sideration of their request for suspen- to fully resolve this specific issue. projects administered under this section and sion of that deportation under the set I am pleased to work with her, and any recommendations for legislative action of rules in place at the time that they my Senate colleagues, today to take that the Secretary considers appropriate. applied. the first step in accomplishing our leg- (g) FUNDING LIMITS; PRO RATA REDUCTIONS Ten years ago, in the mountains of islative goal. OF STATE MATCHING.— Nicaragua, I spoke to thousands of This legislation is crafted very nar- (1) FUNDS AVAILABLE.—There shall be avail- able to the Secretary, from amounts made young men who were fighting for free- rowly. It recognizes the special cir- available to carry out part D of title IV of dom. I told them then that we would cumstances in which Nicaraguans, and the Social Security Act, for purposes of car- not forget them, and I tell them now other Central Americans, came to the rying out demonstration projects under this that we will not forget them. United States during a specific period section, amounts not to exceed— I urge the Senate’s expedient consid- of time—when they were fleeing the (A) $27,000,000 for fiscal year 1998; eration and passage of this legislation. unrest created by the Communist gov- (B) $55,000,000 for fiscal year 1999; and Mr. GRAHAM. Mr. President, today I ernments of the era. (C) $70,000,000 for each of fiscal years 2000 am honored to join my colleague and It allows this specific group of indi- through 2003. friend Senator CONNIE MACK in intro- viduals and families to complete the (2) PRO RATA REDUCTIONS.—The Secretary shall make pro rata reductions in the ducing the Immigration Reform Tran- process that they may have started 10 amounts otherwise payable to States under sition Act of 1997. or 15 years ago—and importantly—to this section as necessary to comply with the This is a bipartisan, humane solution complete the process under the same funding limitation specified in paragraph (1). to concerns that were raised by the Il- set of rules that they started with. July 28, 1997 CONGRESSIONAL RECORD — SENATE S8191 Critics may say that we are undoing will use its authority to help as many In addition, the bill is consistent the immigration bill of last year. We of them as possible. But Congress must with the 1987 decision of the U.S. Su- are not. The 4000-per-year cap on sus- do its part too, by enacting this correc- preme Court in the case of California pensions of deportation is still intact, tive legislation. versus Cabazon Band of Mission Indi- we are just not applying it to this spe- These families are law-abiding, tax- ans in that it neither expands nor fur- cific group of individuals. paying members of communities in all ther restricts the scope of Indian gam- The stronger standards to qualify or parts of America. Their children have ing. The laws of each State would con- suspension of deportation still remain grown up here. In fact, many of their tinue to be the basis for determining current law. We are just allowing this children were born here and are U.S. what gaming activities may be avail- group to go through the process with- citizens by birth. They deserve this able to an Indian tribe located in that out changing the rules in midstream. chance. State. Also important: this is not an am- Mr. President, it is my hope not only Since the enactment of the Indian nesty bill. Each request will be decided that we can move on this legislation— Gaming Regulatory Act in 1988, there on a case by case basis. If someone has and move quickly—but also that cer- has been a dramatic increase in the been of bad moral character, they will tain issues can be addressed as the Sen- amount of gaming activity among the not qualify. If someone has not been ate considers it. In particular, I believe Indian tribes. Indian gaming is now es- here the required amount of time, they that the limitations on judicial review timated to yield gross revenues of will not qualify. contained in the administration’s bill about $6 billion per year and net reve- We are saying that those who played are both unnecessary and unwise. nues are estimated at $750 million. by the rules will have a fair oppor- There are already substantial limita- There are about 160 class II bingo and tunity to have their case heard by an tions on judicial review contained in card games in operation and over 145 immigration judge. last year’s immigration law that would tribal/State compacts governing class III gaming in 2 States. Indian gaming I welcome comments from the broad- also apply in this instance. We should comprises about 3 percent of all gam- er community on this legislation, and not add to them in this legislation. In- ing in the United States. Gaming ac- look forward to the opportunity to stead, we should ensure that, if mis- tivities operated by State governments work with the Senate Judiciary Com- takes are made, the courts can correct comprises about 36 percent of all gam- mittee and Immigration Subcommittee them. ing, and the private sector accounts for to ensure its future success. Again, I commend the administration the balance of the gaming activity in I ask my Senate colleagues to join for this important initiative and am the Nation. with me today in this bipartisan effort pleased to join Senator MACK and Sen- Indian gaming has become the larg- to ensure fairness to hard working fam- ator GRAHAM in cosponsoring the legis- est source of economic activity for ilies. lation. some Indian tribes. Annual revenues Mr. KENNEDY. Mr. President, it is a derived from Indian agricultural re- By Mr. MCCAIN (for himself and privilege to join Senator MACK and sources have been estimated at $550 Senator GRAHAM in introducing the Im- Mr. INOUYE): S. 1077. A bill to amend the Indian million and have historically been the migration Reform Transition Act of leading source of income for Indian 1997 proposed by President Clinton. Gaming Regulatory Act, and for other purposes; to the Committee on Indian tribes and individuals. Annual revenues Without this legislation, thousands from oil, gas, and minerals are about Affairs. of Central American refugee families $230 million and Indian forestry reve- who fled death squads and persecution THE INDIAN GAMING REGULATORY ACT nue are estimated at $61 million. Gam- AMENDMENTS ACT OF 1997 in their native lands would be forced to ing revenues now equal or exceed all of Mr. MCCAIN. Mr. President, I am return. Republican and Democratic ad- the revenues derived from Indian natu- pleased to be joined today by Senator ministrations alike promised them re- ral resources. In addition, Indian gam- INOUYE, is sponsoring the Indian Gam- peatedly that they will get their day in ing has generated tens of thousands of ing Regulatory Act Amendments Act court to make their claims before an new jobs for Indians and non-Indians. immigration judge to remain in the of 1997. I want to associate myself with On many reservations, gaming has United States. Senator INOUYE’S, remarks regarding meant the end of unemployment rates But last year’s immigration law this legislation and the issue of Indian of 90 to 100 percent and the beginning turned its back on that commitment gaming. I commend Senator INOUYE for of an era of full employment. and closed the door on these families. his outstanding leadership over the Under the Indian Gaming Regulatory This legislation reinstates the promise years on this complex issue. This legis- Act of 1988, Indian tribes are required and guarantees these families the day lation is intended to stimulate discus- to expend the profits from gaming ac- in court they deserve. sion in the Congress and among the tivities to fund tribal government oper- Virtually all of these families fled to tribes on this important issue. ations or programs and to promote the United States in the 1980’s from El The bill I am introducing today tribal economic development. Profits Salvador, Nicaragua, or Guatemala. would provide for a major overhaul of may only be distributed directly to the Many were targeted by death squads the Indian Gaming Regulatory Act of members of an Indian tribe under a and faced persecution at the hands of 1988. It will provide for minimum Fed- plan which has been approved by the rogue militias. They came to America eral standards in the regulation and li- Secretary of the Interior. Only a few to seek safe haven and freedom for censing of class II and class III gaming such plans have been approved. Vir- themselves and their children. as well as all of the contractors, suppli- tually all of the proceeds from Indian The Reagan administration, the Bush ers, and industries associated with gaming activities are used to fund the administration, and the Clinton admin- such gaming. This will be accomplished social services, education, and health istration assured them that they could through the Federal Indian Gaming needs of the Indian tribes. Schools, apply to remain permanently in the Regulator Commission which will be health facilities, roads and other vital United States under our immigration funded through assessments on Indian infrastructure are being built by the laws. If they have lived here for at gaming revenues and fees imposed on Indian tribes with the proceeds from least 7 years and are of good moral license applicants. The bill also pro- Indian gaming. character, and if a return to Central vides a new process for the negotiation In the years before enactment of the America will be an unusual hardship, of class III compacts which authorizes 1988 act, and even since its enactment, they are allowed to remain. the Secretary of the Interior to nego- we have heard concerns about the pos- Last year’s immigration law elimi- tiate compacts with Indian tribes in sibility of organized criminal elements nated this opportunity for these fami- those instances where a State chooses penetrating Indian gaming. Both the lies by changing the standard for hu- not to participate in compact negotia- Department of Justice and the FBI manitarian relief. tions or where an Indian tribe and a have repeatedly testified before the President Clinton has promised to State cannot reach an agreement on a Committee on Indian Affairs and have find a fair and reasonable solution for compact. This process is consistent indicated that there is not any sub- these families, and the administration with recent Federal court decisions. stantial criminal activity of any kind S8192 CONGRESSIONAL RECORD — SENATE July 28, 1997 associated with Indian gaming. Some veloped by State and Tribal officials. (2) by striking sections 2 and 3 and insert- of our colleagues have suggested that However, we were never able to develop ing the following new sections: no one would know if there is criminal a consensus on any one proposal. While ‘‘SEC. 2. CONGRESSIONAL FINDINGS. activity because not enough people are the Committee on Indian Affairs re- ‘‘Congress finds that— ‘‘(1) Indian tribes are— looking for it. I believe that this point mains open to suggestions on this ‘‘(A) engaged in the operation of gaming of view overlooks the fact the act pro- issue, it is apparent that obtaining a activities on Indian lands as a means of gen- vides for a very substantial regulatory consensus may not be possible. This erating tribal governmental revenue; and and law enforcement role by the States may be an area of the law best left to ‘‘(B) licensing the activities described in and Indian tribes in class III gaming resolution through the courts. subparagraph (A); and by the Federal Government in Mr. President, I am sure that we may ‘‘(2) clear Federal standards and regula- class II gaming. The record clearly find many ways to improve this legisla- tions for the conduct of gaming on Indian shows that in the few instances of tion as it moves through the Senate. lands will assist tribal governments in assur- known criminal activity in class III ing the integrity of gaming activities con- However, I believe that it provides a ducted on Indian lands; gaming, the Indian tribes have discov- good foundation for our further consid- ‘‘(3) a principal goal of Federal Indian pol- ered the activity and have sought Fed- eration of this important issue. This icy is to promote tribal economic develop- eral assistance in law enforcement. legislation is essentially the same as ment, tribal self-sufficiency, and strong In- Nevertheless, the record before the the bill that was reported favorably for dian tribal governments; Committee on Indian Affairs also the Committee on Indian Affairs dur- ‘‘(4) while Indian tribes have the right to shows that the absence of minimum ing the last Congress by a vote of 14 to regulate the operation of gaming activities Federal standards for the regulation 2. I want to emphasize that this bill is on Indian lands, if those gaming activities are— and licensing of Indian gaming has al- intended to stimulate discussion. I am lowed a void to develop which will be- ‘‘(A) not specifically prohibited by Federal looking forward to hearing from all in- law; and come more and more attractive to terested parties with regard to their ‘‘(B) conducted within a State that as a criminal elements as Indian gaming constructive suggestions for ways to matter of public policy permits those gam- continues to generate increased reve- improve the bill and move it forward. I ing activities, nues. The legislation I am introducing ask unanimous consent that the bill be Congress has the authority to regulate the today provides for the development of printed in the RECORD. privilege of doing business with Indian tribes strict minimum Federal standards There being no objection, the bill was in Indian country (as that term is defined in based on the recommendations of Fed- ordered to be printed in the RECORD, as section 1151 of title 18, United States Code); eral, State and tribal officials. While follows: ‘‘(5) systems for the regulation of gaming activities on Indian lands should meet or ex- Indian tribes or States, or both, will S. 1077 continue to exercise primary regu- ceed federally established minimum regu- Be it enacted by the Senate and House of Rep- latory requirements; latory authority, their regulatory resentatives of the United States of America in ‘‘(6) the operation of gaming activities on standards must meet or exceed the Congress assembled, Indian lands has had a significant impact on minimum Federal standards. In the SECTION 1. SHORT TITLE. commerce with foreign nations, among the event that the Federal Indian Gaming This Act may be cited as the ‘‘Indian Gam- several States and with the Indian tribes; Regulatory determines that the mini- ing Regulatory Act Amendments Act of and mum Federal standards are not being 1997’’. ‘‘(7) the Constitution vests Congress with met, then the Commission may di- SEC. 2. AMENDMENTS TO THE INDIAN GAMING the powers to regulate Commerce with for- rectly regulate the gaming activity REGULATORY ACT. eign nations, and among the several States, The Indian Gaming Regulatory Act (25 and with the Indian tribes, and this Act is until such time as Federal standards enacted in the exercise of those powers. are met. In addition, the Commission is U.S.C. 2701 et seq.) is amended— (1) by striking the first section and insert- ‘‘SEC. 3. PURPOSES. vested with authority to issue and re- ing the following new section: ‘‘The purposes of this Act are— voke licenses as well as to impose civil ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) to ensure the right of Indian tribes to conduct gaming activities on Indian lands in fines, close Indian gaming facilities or ‘‘(a) SHORT TITLE.—This Act may be cited seek enforcement of the act through as the ‘Indian Gaming Regulatory Act’. a manner consistent with the decision of the the Federal courts. ‘‘(b) TABLE OF CONTENTS.—The table of Supreme Court in California et al. v. One of the areas which has caused contents for this Act is as follows: Cabazon Band of Mission Indians et al. (480 the greatest controversy under the cur- U.S. 202, 107 S. Ct. 1083, 94 L. Ed. 2d 244 ‘‘Sec. 1. Short title; table of contents. (1987)), involving the Cabazon and Morongo ‘‘Sec. 2. Congressional findings. rent law relates to what has come to be bands of Mission Indians; ‘‘Sec. 3. Purposes. known as the scope of gaming. A relat- ‘‘(2) to provide a statutory basis for the ‘‘Sec. 4. Definitions. ed issue is the refusal of some States to conduct of gaming activities on Indian lands ‘‘Sec. 5. Establishment of the Federal Indian enter into negotiations for a class III as a means of promoting tribal economic de- Gaming Regulatory Commis- velopment, tribal self-sufficiency, and strong compact and their assertion of sov- sion. Indian tribal governments; ereign immunity under the 11th ‘‘Sec. 6. Powers of the Chairperson. amendment to the Constitution when ‘‘Sec. 7. Powers and authority of the Com- ‘‘(3) to provide a statutory basis for the an Indian tribe seeks judicial relief as mission. regulation of gaming activities on Indian lands by an Indian tribe that is adequate to provided by the act. The bill I am in- ‘‘Sec. 8. Regulatory framework. ‘‘Sec. 9. Advisory Committee on Minimum shield those activities from organized crime troducing incorporates the explicit and other corrupting influences, to ensure standards of the Cabazon decision to Regulatory Requirements and Licensing Standards. that an Indian tribal government is the pri- guide all parties in determining the ‘‘Sec. 10. Licensing. mary beneficiary of the operation of gaming permissible gaming activities under ‘‘Sec. 11. Requirements for the conduct of activities, and to ensure that gaming is con- the laws of any State. State laws will class I and class II gaming on ducted fairly and honestly by both the opera- continue to govern this issue. I have Indian lands. tor and players; and not proposed the preemption of the ‘‘Sec. 12. Class III gaming on Indian lands. ‘‘(4) to declare that the establishment of ‘‘Sec. 13. Review of contracts. independent Federal regulatory authority gaming laws of any State. In most for the conduct of gaming activities on In- States, the issue of scope of gaming has ‘‘Sec. 14. Review of existing contracts; in- terim authority. dian lands and the establishment of Federal now been settled through negotiation ‘‘Sec. 15. Civil penalties. minimum regulatory requirements for the or litigation. In a few States this issue ‘‘Sec. 16. Judicial review. conduct of gaming activities on Indian lands remains unresolved, but appears head- ‘‘Sec. 17. Commission funding. are necessary to protect that gaming.’’; ed toward resolution by the courts. ‘‘Sec. 18. Authorization of appropriations. (3) in section 4— In the course of our work on the ‘‘Sec. 19. Application of the Internal Reve- (A) by redesignating paragraphs (7) and (8) gaming issue in the two previous Con- nue Code of 1986. as paragraphs (6) and (7), respectively; (B) by striking paragraphs (1) through (6) gresses, Senators CAMPBELL, INOUYE ‘‘Sec. 20. Gaming on lands acquired after Oc- and inserting the following new paragraphs: and I advanced various formal and in- tober 17, 1988. ‘‘Sec. 21. Dissemination of information. ‘‘(1) APPLICANT.—The term ‘applicant’ formal proposals for Federal legisla- ‘‘Sec. 22. Severability. means any person who applies for a license tion to resolve the scope of gaming ‘‘Sec. 23. Criminal penalties. pursuant to this Act, including any person issue. In addition, proposals were de- ‘‘Sec. 24. Conforming amendment.’’; who applies for a renewal of a license. July 28, 1997 CONGRESSIONAL RECORD — SENATE S8193

‘‘(2) ADVISORY COMMITTEE.—The term ‘Ad- ‘‘(II) over which an Indian tribe exercises license under this Act or that does business visory Committee’ means the Advisory Com- governmental power. with any person or organization licensed mittee on Minimum Regulatory Require- ‘‘(15) INDIAN TRIBE.—The term ‘Indian under this Act; ments and Licensing Standards established tribe’ means any Indian tribe, band, nation, ‘‘(D) have been convicted of a felony or under section 9(a). or other organized group or community of gaming offense; or ‘‘(3) ATTORNEY GENERAL.—The term ‘Attor- Indians that— ‘‘(E) have any pecuniary interest in, or ney General’ means the Attorney General of ‘‘(A) is recognized as eligible by the Sec- management responsibility for, any gaming- the United States. retary for the special programs and services related contract or any other contract ap- ‘‘(4) CHAIRPERSON.—The term ‘Chairperson’ provided by the United States to Indians be- proved pursuant to this Act. means the Chairperson of the Federal Indian cause of their status as Indians; and ‘‘(4) POLITICAL AFFILIATION.—Not more Gaming Regulatory Commission established ‘‘(B) is recognized as possessing powers of than 2 members of the Commission shall be under section 5. self-government. members of the same political party. In ‘‘(5) CLASS I GAMING.—The term ‘class I ‘‘(16) KEY EMPLOYEE.—The term ‘key em- making appointments to the Commission, gaming’ means social games played solely ployee’ means any individual employed in a the President shall appoint members of dif- for prizes of minimal value or traditional gaming operation licensed pursuant to this ferent political parties, to the extent prac- forms of Indian gaming engaged in by indi- Act in a supervisory capacity or empowered ticable. viduals as a part of, or in connection with, to make any discretionary decision with re- ‘‘(5) ADDITIONAL QUALIFICATIONS.— tribal ceremonies or celebrations.’’; gard to the gaming operation, including any ‘‘(A) IN GENERAL.—The Commission shall pit boss, shift boss, credit executive, cashier (C) by striking paragraphs (9) and (10); and be composed of the most qualified individ- supervisor, gaming facility manager or as- (D) by adding after paragraph (7) (as redes- uals available. In making appointments to sistant manager, or manager or supervisor of ignated by subparagraph (A) of this para- the Commission, the President shall give security employees. graph) the following new paragraphs: special reference to the training and experi- ‘‘(17) MANAGEMENT CONTRACT.—The term ‘‘(8) COMMISSION.—The term ‘Commission’ ence of individuals in the fields of corporate ‘management contract’ means any contract means the Federal Indian Gaming Regu- finance, accounting, auditing, and investiga- or collateral agreement between an Indian latory Commission established under section tion or law enforcement. tribe and a contractor, if such contract or 5. ‘‘(B) TRIBAL GOVERNMENT EXPERIENCE.—Not agreement provides for the management of ‘‘(9) COMPACT.—The term ‘compact’ means less than 2 members of the Commission shall all or part of a gaming operation. an agreement relating to the operation of be individuals with extensive experience or ‘‘(18) MANAGEMENT CONTRACTOR.—The term class III gaming on Indian lands that is en- expertise in tribal government. ‘management contractor’ means any person tered into pursuant to this Act. ‘‘(6) BACKGROUND INVESTIGATIONS.—The At- entering into a management contract with ‘‘(10) GAMING OPERATION.—The term ‘gam- torney General shall conduct a background an Indian tribe or an agent of the Indian ing operation’ means an entity that conducts investigation concerning any individual tribe for the management of a gaming oper- class II or class III gaming on Indian lands. under consideration for appointment to the ation, including any person with a financial ‘‘(11) GAMING-RELATED CONTRACT.—The Commission, with particular regard to the fi- interest in that contract. term ‘gaming-related contract’ means— nancial stability, integrity, responsibility, ‘‘(19) MATERIAL CONTROL.—The term ‘mate- ‘‘(A) any agreement for an amount of more and reputation for good character, honesty, rial control’ means the exercise of authority than $50,000 per year under which an Indian and integrity of the nominee. or supervision or the power to make or cause tribe or an agent of any Indian tribe pro- ‘‘(c) CHAIRPERSON.—The President shall se- to be made any discretionary decision with cures gaming materials, supplies, equipment, lect a Chairperson from among the members regard to matters which have a substantial or services that are used in the conduct of a appointed to the Commission. effect on the financial or management as- ‘‘(d) VICE CHAIRPERSON.—The Commission class II or class III gaming activity; or pects of a gaming operation. shall select, by majority vote, 1 of the mem- ‘‘(B) any agreement or contract that pro- ‘‘(20) NET REVENUES.—The term ‘net reve- bers of the Commission to serve as Vice vides for financing of an amount more than nues’ means the gross revenues of an Indian Chairperson. The Vice Chairperson shall— $50,000 per year for the construction or reha- gaming activity reduced by the sum of— ‘‘(1) serve as Chairperson of the Commis- bilitation of any facility in which a gaming ‘‘(A) any amounts paid out or paid for as sion in the absence of the Chairperson; and activity is to be conducted. prizes; and ‘‘(2) exercise such other powers as may be ‘‘(12) GAMING-RELATED CONTRACTOR.—The ‘‘(B) the total operating expenses associ- delegated by the Chairperson. term ‘gaming-related contractor’ means any ated with the gaming activity, excluding ‘‘(e) TERMS OF OFFICE.— person who enters into a gaming-related con- management fees. ‘‘(1) IN GENERAL.—Each member of the tract with an Indian tribe or an agent of an ‘‘(21) PERSON.—The term ‘person’ means an Commission shall hold office for a term of 5 Indian tribe, including any person with a fi- individual, firm, corporation, association, years. nancial interest in such contract. organization, partnership, trust, consortium, ‘‘(2) INITIAL APPOINTMENTS.—Initial ap- ‘‘(13) GAMING SERVICE INDUSTRY.—The term joint venture, or entity. pointments to the Commission shall be made ‘gaming service industry’ means any form of ‘‘(22) SECRETARY.—The term ‘Secretary’ for the following terms: enterprise that provides goods or services means the Secretary of the Interior.’’; ‘‘(A) The Chairperson shall be appointed that are used in conjunction with any class (4) by striking sections 5 through 19 and in- for a term of 5 years. II or class III gaming activity, in any case in serting the following new sections: ‘‘(B) One member shall be appointed for a which— ‘‘SEC. 5. ESTABLISHMENT OF THE FEDERAL IN- term of 4 years. ‘‘(A) the proposed agreement between the DIAN GAMING REGULATORY COM- ‘‘(C) One member shall be appointed for a enterprise and a class II or class III gaming MISSION. term of 3 years. operation, or the aggregate of such agree- ‘‘(a) ESTABLISHMENT.—There is established ‘‘(3) LIMITATION.—No member shall serve ments is for an amount of not less than as an independent agency of the United for more than 2 terms of 5 years each. $100,000 per year; or States, a Commission to be known as the ‘‘(f) VACANCIES.— ‘‘(B) the amount of business conducted by Federal Indian Gaming Regulatory Commis- ‘‘(1) IN GENERAL.—Each individual ap- such enterprise with any such gaming oper- sion. Such Commission shall be an independ- pointed by the President to serve as Chair- ation in the 1-year period preceding the ef- ent establishment, as defined in section 104 person and each member of the Commission fective date of the proposed agreement be- of title 5, United States Code. shall, unless removed for cause under para- tween the enterprise and a class II or class ‘‘(b) COMPOSITION OF THE COMMISSION.— graph (2), serve in the capacity for which III gaming operation was not less than ‘‘(1) IN GENERAL.—The Commission shall be such individual is appointed until the expira- $250,000. composed of 3 full-time members, who shall tion of the term of such individual or until a ‘‘(14) INDIAN LANDS.—The term ‘Indian be appointed by the President, by and with successor is duly appointed and qualified. lands’ means— the advice and consent of the Senate. ‘‘(2) REMOVAL FROM OFFICE.—The Chair- ‘‘(A) all lands within the limits of any In- ‘‘(2) CITIZENSHIP OF MEMBERS.—Each mem- person or any member of the Commission dian reservation; and ber of the Commission shall be a citizen of may only be removed from office before the ‘‘(B) any lands— the United States. expiration of the term of office by the Presi- ‘‘(i) the title to which is held in trust by ‘‘(3) REQUIREMENTS FOR MEMBERS.—No dent for neglect of duty, malfeasance in of- the United States for the benefit of any In- member of the Commission may— fice, or for other good cause shown. dian tribe; or ‘‘(A) pursue any other business or occupa- ‘‘(3) TERM TO FILL VACANCIES.—The term of ‘‘(ii)(I) the title to which is— tion or hold any other office; any member appointed to fill a vacancy on ‘‘(aa) held by an Indian tribe subject to a ‘‘(B) be actively engaged in or, other than the Commission shall be for the unexpired restriction by the United States against through distribution of gaming revenues as a term of the member. alienation; member of an Indian tribe, have any pecu- ‘‘(g) QUORUM.—Two members of the Com- ‘‘(bb) held in trust by the United States for niary interest in gaming activities; mission shall constitute a quorum. the benefit of an individual Indian; or ‘‘(C) other than through distribution of ‘‘(h) MEETINGS.— ‘‘(cc) held by an individual subject to re- gaming revenues as a member of an Indian ‘‘(1) IN GENERAL.—The Commission shall striction by the United States against alien- tribe, have any pecuniary interest in any meet at the call of the Chairperson or a ma- ation; and business or organization that holds a gaming jority of the members of the Commission. S8194 CONGRESSIONAL RECORD — SENATE July 28, 1997

‘‘(2) MAJORITY OF MEMBERS DETERMINE AC- ‘‘SEC. 7. POWERS AND AUTHORITY OF THE COM- work, business, or matter) to a division of TION.—A majority of the members of the MISSION. the Commission, an individual member of Commission shall determine any action of ‘‘(a) GENERAL POWERS.— the Commission, an administrative law the Commission. ‘‘(1) IN GENERAL.—The Commission shall judge, or an employee of the Commission. ‘‘(i) COMPENSATION.— have the power to— ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in ‘‘(1) CHAIRPERSON.—The Chairperson shall ‘‘(A) approve the annual budget of the this section may be construed to authorize be paid at a rate equal to that of level IV of Commission; the delegation of the function of rulemaking, the Executive Schedule under section 5316 of ‘‘(B) promulgate regulations to carry out as described in subchapter II of chapter 5 of title 5, United States Code. this Act; title 5, United States Code, with respect to ‘‘(2) OTHER MEMBERS.—Each member of the ‘‘(C) establish a rate of fees and assess- general rules (as distinguished from rules of Commission (other than the Chairperson) ments, as provided in section 17; particular applicability), or the promulga- shall be paid at a rate equal to that of level ‘‘(D) conduct investigations, including tion of any other rule. background investigations; V of the Executive Schedule under section ‘‘(b) RIGHT TO REVIEW DELEGATED FUNC- ‘‘(E) issue a temporary order closing the 5316 of title 5, United States Code. TIONS.— operation of gaming activities; ‘‘(3) TRAVEL.—All members of the Commis- ‘‘(1) IN GENERAL.—With respect to the dele- ‘‘(F) after a hearing, make permanent a sion shall be reimbursed in accordance with gation of any of the functions of the Com- temporary order closing the operation of title 5, United States Code, for travel, sub- mission, the Commission shall retain a dis- gaming activities, as provided in section 15; sistence, and other necessary expenses in- cretionary right to review the action of any ‘‘(G) grant, deny, limit, condition, restrict, curred by them in the performance of their division of the Commission, individual mem- revoke, or suspend any license issued under duties. ber of the Commission, administrative law any licensing authority conferred upon the ‘‘(j) ADMINISTRATIVE SUPPORT SERVICES.— judge, or employee of the Commission, upon Commission pursuant to this Act or fine any The Administrator of General Services shall person licensed pursuant to this Act for vio- the initiative of the Commission. provide to the Commission on a reimburs- lation of any of the conditions of licensure ‘‘(2) VOTE NEEDED FOR REVIEW.—The vote of able basis such administrative support serv- under this Act; 1 member of the Commission shall be suffi- ices as the Commission may request. ‘‘(H) inspect and examine all premises in cient to bring an action referred to in para- ‘‘SEC. 6. POWERS OF THE CHAIRPERSON. which class II or class III gaming is con- graph (1) before the Commission for review, ‘‘(a) CHIEF EXECUTIVE OFFICER.—The Chair- ducted on Indian lands; and the Commission shall ratify, revise, or person shall serve as the chief executive offi- ‘‘(I) demand access to and inspect, exam- reject the action under review not later than cer of the Commission. ine, photocopy, and audit all papers, books, the last day of the applicable period specified ‘‘(b) ADMINISTRATION OF THE COMMISSION.— and records of class II and class III gaming in regulations promulgated by the Commis- ‘‘(1) IN GENERAL.—Subject to subsection (c), activities conducted on Indian lands and any sion. the Chairperson— other matters necessary to carry out the du- ‘‘(3) FAILURE TO CONDUCT REVIEW.—If the ‘‘(A) shall employ and supervise such per- ties of the Commission under this Act; Commission declines to exercise the right to sonnel as the Chairperson considers to be ‘‘(J) use the United States mails in the a review described in paragraph (1) or fails to necessary to carry out the functions of the same manner and under the same conditions exercise that right within the applicable pe- Commission, and assign work among such as any department or agency of the United riod specified in regulations promulgated by personnel; States; the Commission, the action of any such divi- ‘‘(B) shall appoint a General Counsel to the ‘‘(K) procure supplies, services, and prop- sion of the Commission, individual member Commission, who shall be paid at the annual erty by contract in accordance with applica- of the Commission, administrative law rate of basic pay payable for ES–6 of the Sen- ble Federal laws; judge, or employee, shall, for all purposes, ior Executive Service Schedule under section ‘‘(L) enter into contracts with Federal, including any appeal or review of such ac- 5382 of title 5, United States Code; State, tribal, and private entities for activi- tion, be deemed an action of the Commis- ‘‘(C) shall appoint and supervise other staff ties necessary to the discharge of the duties sion. of the Commission without regard to the of the Commission; ‘‘(c) MINIMUM REQUIREMENTS.—Pursuant to provisions of title 5, United States Code, gov- ‘‘(M) serve or cause to be served, process or the procedures described in section 9(d), erning appointments in the competitive notices of the Commission in a manner pro- after receiving recommendations from the service; vided for by the Commission or in a manner Advisory Committee, the Commission shall ‘‘(D) may procure temporary and intermit- provided for the service of process and notice establish minimum Federal standards— tent services under section 3109(b) of title 5, in civil actions in accordance with the appli- ‘‘(1) for background investigations, licens- United States Code, but at rates for individ- cable rules of a tribal, State, or Federal ing of persons, and licensing of gaming oper- uals not to exceed the daily equivalent of the court; ations associated with the conduct or regula- maximum annual rate of basic pay payable ‘‘(N) propound written interrogatories and tion of class II and class III gaming on In- for ES–6 of the Senior Executive Service appoint hearing examiners, to whom may be dian lands by tribal governments; and Schedule; delegated the power and authority to admin- ‘‘(2) for the operation of class II and class ‘‘(E) may request the head of any Federal ister oaths, issue subpoenas, propound writ- III gaming activities on Indian lands, includ- agency to detail any personnel of such agen- ten interrogatories, and require testimony ing— cy to the Commission to assist the Commis- under oath; ‘‘(A) surveillance and security personnel sion in carrying out the duties of the Com- ‘‘(O) conduct all administrative hearings and systems capable of monitoring all gam- mission under this Act, unless otherwise pro- pertaining to civil violations of this Act (in- ing activities, including the conduct of hibited by law; cluding any civil violation of a regulation games, cashiers’ cages, change booths, count ‘‘(F) shall use and expend Federal funds promulgated under this Act); rooms, movements of cash and chips, en- and funds collected pursuant to section 17; ‘‘(P) collect all fees and assessments au- trances and exits to gaming facilities, and and thorized by this Act and the regulations pro- other critical areas of any gaming facility; ‘‘(G) may contract for the services of such mulgated pursuant to this Act; ‘‘(B) procedures for the protection of the other professional, technical, and oper- ‘‘(Q) assess penalties for violations of the integrity of the rules for the play of games ational personnel and consultants as may be provisions of this Act and the regulations and controls related to such rules; necessary for the performance of the Com- promulgated pursuant to this Act; ‘‘(C) credit and debit collection controls; mission’s responsibilities under this Act. ‘‘(R) provide training and technical assist- ‘‘(D) controls over gambling devices and ‘‘(2) COMPENSATION OF STAFF.—The staff re- ance to Indian tribes with respect to all as- equipment; and ferred to in paragraph (1)(C) shall be paid pects of the conduct and regulation of gam- ‘‘(E) accounting and auditing. without regard to the provisions of chapter ing activities; ‘‘(d) COMMISSION ACCESS TO INFORMATION.— 51 and subchapters III and VIII of chapter 53 ‘‘(S) monitor and, as specifically author- ‘‘(1) IN GENERAL.—The Commission may se- of title 5, United States Code, relating to ized by this Act, regulate class II and class cure from any department or agency of the classification and General Schedule and Sen- III gaming; United States information necessary to en- ior Executive Service Schedule pay rates, ex- ‘‘(T) establish precertification criteria that able the Commission to carry out this Act. cept that no individual so appointed may re- apply to management contractors and other Unless otherwise prohibited by law, upon re- ceive pay in excess of the annual rate of persons having material control over a gam- quest of the Chairperson, the head of such basic pay payable for ES–5 of the Senior Ex- ing operation; department or agency shall furnish such in- ecutive Service Schedule under section 5382 ‘‘(U) approve all management and gaming- formation to the Commission. of title 5, United States Code. related contracts; and ‘‘(2) INFORMATION TRANSFER.—The Commis- ‘‘(c) APPLICABLE POLICIES.—In carrying out ‘‘(V) in addition to the authorities other- sion may secure from any law enforcement any of the functions under this section, the wise specified in this Act, delegate, by pub- agency or gaming regulatory agency of any Chairperson shall be governed by the general lished order or rule, any of the functions of State, Indian tribe, or foreign nation infor- policies of the Commission and by such regu- the Commission (including functions with mation necessary to enable the Commission latory decisions, findings, and determina- respect to hearing, determining, ordering, to carry out this Act. Unless otherwise pro- tions as the Commission may by law be au- certifying, reporting, or otherwise acting on hibited by law, upon request of the Chair- thorized to make. the part of the Commission concerning any person, the head of any State or tribal law July 28, 1997 CONGRESSIONAL RECORD — SENATE S8195 enforcement agency shall furnish such infor- regulation promulgated under this Act), the fied in subparagraph (A) until such time as mation to the Commission. Commission may— the regulatory and internal control systems ‘‘(3) PRIVILEGED INFORMATION.—Notwith- ‘‘(i) bring an action in the appropriate dis- of the Indian tribe meet or exceed the mini- standing sections 552 and 552a of title 5, Unit- trict court of the United States or the Unit- mum Federal standards concerning regu- ed States Code, the Commission shall protect ed States District Court for the District of latory, licensing, or internal control require- from disclosure information provided by Columbia to enjoin such act or practice, and ments established by the Commission for Federal, State, tribal, or international law upon a proper showing, the court shall grant, that gaming. enforcement or gaming regulatory agencies. without bond, a permanent or temporary in- ‘‘(2) CLASS III GAMING.—In any case in ‘‘(4) LAW ENFORCEMENT AGENCY.—For pur- junction or restraining order; or which an Indian tribe or a State (or both) poses of this subsection, the Commission ‘‘(ii) transmit such evidence as may be that regulates class III gaming on Indian shall be considered to be a law enforcement available concerning such act or practice as lands fails to meet or enforce minimum Fed- agency. may constitute a violation of any Federal eral standards for class III gaming, after pro- ‘‘(e) INVESTIGATIONS AND ACTIONS.— criminal law to the Attorney General, who viding notice and reasonable opportunity to ‘‘(1) IN GENERAL.— may institute the necessary criminal or civil cure violations and be heard, and after the ‘‘(A) POSSIBLE VIOLATIONS.—The Commis- proceedings. exhaustion of other authorized remedies and sion may, at the discretion of the Commis- ‘‘(B) STATUTORY CONSTRUCTION.— sanctions, the Commission shall have the au- sion, and as specifically authorized by this ‘‘(i) IN GENERAL.—The authority of the thority to conduct background investiga- Act, conduct such investigations as the Com- Commission to conduct investigations and tions, issue licenses, and establish and regu- mission considers necessary to determine take actions under subparagraph (A) may late internal control systems relating to whether any person has violated, is violat- not be construed to affect in any way the au- class III gaming conducted by the Indian ing, or is conspiring to violate any provision thority of any other agency or department of tribe. That authority of the Commission of this Act (including any rule or regulation the United States to carry out statutory re- may be exclusive until such time as the reg- promulgated under this Act). The Commis- sponsibilities of such agency or department. ulatory or internal control systems of the sion may require or permit any person to file ‘‘(ii) EFFECT OF TRANSMITTAL BY THE COM- Indian tribe or the State (or both) meet or with the Commission a statement in writing, MISSION.—The transmittal by the Commis- exceed the minimum Federal regulatory, li- under oath, or otherwise as the Commission sion of evidence pursuant to subparagraph censing, or internal control requirements es- may determine, concerning all relevant facts (A)(ii) may not be construed to constitute a tablished by the Commission for that gam- and circumstances regarding the matter condition precedent with respect to any ac- ing. under investigation by the Commission pur- tion taken by any department or agency re- ‘‘SEC. 9. ADVISORY COMMITTEE ON MINIMUM suant to this subsection. ferred to in clause (i). REGULATORY REQUIREMENTS AND ‘‘(B) ADMINISTRATIVE INVESTIGATIONS.—The LICENSING STANDARDS. ‘‘(4) WRITS, INJUNCTIONS, AND ORDERS.— Commission may, at the discretion of the Upon application of the Commission, each ‘‘(a) ESTABLISHMENT.—The President shall Commission, and as specifically authorized establish an advisory committee to be district court of the United States shall have by this Act, investigate such facts, condi- known as the ‘Advisory Committee on Mini- jurisdiction to issue writs of mandamus, in- tions, practices, or matters as the Commis- mum Regulatory Requirements and Licens- junctions, and orders commanding any per- sion considers necessary or proper to aid in— ing Standards’. son to comply with the provisions of this Act ‘‘(i) the enforcement of any provision of ‘‘(b) MEMBERS.— (including any rule or regulation promul- this Act; ‘‘(1) IN GENERAL.—The Advisory Committee ‘‘(ii) prescribing rules and regulations gated under this Act). shall be composed of 8 members who shall be under this Act; or ‘‘SEC. 8. REGULATORY FRAMEWORK. appointed by the President not later than 120 ‘‘(iii) securing information to serve as a ‘‘(a) CLASS II GAMING.—For class II gam- days after the date of enactment of the In- basis for recommending further legislation ing, Indian tribes shall retain the exclusive dian Gaming Regulatory Act Amendments concerning the matters to which this Act re- right of those tribes to, if the exercise of Act of 1997, of which— lates. that right is made in a manner that meets or ‘‘(A) 3 members, selected from a list of rec- ‘‘(2) ADMINISTRATIVE AUTHORITIES.— exceeds minimum Federal standards estab- ommendations submitted to the President by ‘‘(A) IN GENERAL.—For the purpose of any lished by the Commission pursuant to sec- the Chairperson and Vice Chairperson of the investigation or any other proceeding con- tion 7(c)— Committee on Indian Affairs of the Senate ducted under this Act, any member of the ‘‘(1) monitor and regulate such gaming; and the Chairperson and ranking minority Commission or any officer designated by the and member of the Subcommittee on Native Commission is empowered to administer ‘‘(2) conduct background investigations American and Insular Affairs of the Commit- oaths and affirmations, subpoena witnesses, and issue licenses to persons who are re- tee on Resources of the House of Representa- compel their attendance, take evidence, and quired to obtain a license under section 10(a). tives, shall be members of, and represent, In- require the production of any books, papers, ‘‘(b) CLASS III GAMING CONDUCTED UNDER A dian tribal governments involved in gaming correspondence, memoranda, or other COMPACT.—For class III gaming conducted covered under this Act; records that the Commission considers rel- under the authority of a compact entered ‘‘(B) 3 members, selected from a list of rec- evant or material to the inquiry. The attend- into pursuant to section 12, an Indian tribe ommendations submitted to the President by ance of such witnesses and the production of or a State, or both, as provided in a compact the Majority Leader and the Minority Lead- any such records may be required from any or by tribal ordinance or resolution, shall, in er of the Senate and the Speaker and the Mi- place in the United States at any designated a manner that meets or exceeds minimum nority Leader of the House of Representa- place of hearing. Federal standards established by the Com- tives, shall represent State governments in- ‘‘(B) REQUIRING APPEARANCES OR TESTI- mission pursuant to section 7(c)— volved in gaming covered under this Act, and MONY.—In case of contumacy by, or refusal ‘‘(1) monitor and regulate gaming; shall have experience as State gaming regu- to obey any subpoena issued to, any person, ‘‘(2) conduct background investigations lators; and the Commission may invoke the jurisdiction and issue licenses to persons who are re- ‘‘(C) 2 members shall each be an employee of any court of the United States within the quired to obtain a license pursuant to sec- of the Department of Justice. jurisdiction of which an investigation or pro- tion 10(a); and ‘‘(2) VACANCIES.—Any vacancy on the Advi- ceeding is carried on, or where such person ‘‘(3) establish and regulate internal control sory Committee shall not affect its powers, resides or carries on business, in requiring systems. but shall be filled in the same manner as the the attendance and testimony of witnesses ‘‘(c) VIOLATIONS OF MINIMUM FEDERAL original appointment. and the production of books, papers, cor- STANDARDS.— ‘‘(c) RECOMMENDATIONS FOR MINIMUM FED- respondence, memoranda, and other records. ‘‘(1) CLASS II GAMING.— ERAL STANDARDS.— ‘‘(C) COURT ORDERS.—Any court described ‘‘(A) IN GENERAL.—In any case in which an ‘‘(1) IN GENERAL.—Not later than 180 days in subparagraph (B) may issue an order re- Indian tribe that regulates or conducts class after the date on which all initial members quiring such person to appear before the II gaming on Indian lands substantially fails of the Advisory Committee have been ap- Commission or member of the Commission to meet or enforce minimum Federal stand- pointed under subsection (b), the Advisory or officer designated by the Commission, ards for that gaming, after providing the In- Committee shall develop and submit to the there to produce records, if so ordered, or to dian tribe notice and reasonable opportunity entities referred to in paragraph (2) rec- give testimony touching the matter under to cure violations and to be heard, and after ommendations for minimum Federal stand- investigation or in question, and any failure the exhaustion of other authorized remedies ards relating to background investigations, to obey such order of the court may be pun- and sanctions, the Commission shall have internal control systems, and licensing ished by such court as a contempt of such the authority to conduct background inves- standards (as described in section 7(c)). court. tigations, issue licenses, and establish and ‘‘(2) RECIPIENTS OF RECOMMENDATIONS.— ‘‘(3) ENFORCEMENT.— regulate internal control systems relating to The Advisory Committee shall submit the ‘‘(A) IN GENERAL.—If the Commission de- class II gaming conducted by the Indian recommendations described in paragraph (1) termines that any person is engaged, has en- tribe. to the Committee on Indian Affairs of the gaged, or is conspiring to engage, in any act ‘‘(B) EXERCISE OF EXCLUSIVE AUTHORITY.— Senate, the Subcommittee on Native Amer- or practice constituting a violation of any The Commission may excercise exclusive au- ican and Insular Affairs of the Committee on provision of this Act (including any rule or thority in carrying out the activities speci- Resources of the House of Representatives, S8196 CONGRESSIONAL RECORD — SENATE July 28, 1997

the Commission, and to each federally recog- ‘‘(C) REQUIREMENT OF ADDITIONAL PROVI- ‘‘(B) USE OF BONDS.—The bonds furnished nized Indian tribe. SIONS.—The Commission may require that a to the Commission under this paragraph may ‘‘(3) FACTORS FOR CONSIDERATION.—The management contract referred to in subpara- be applied by the Commission to the pay- minimum Federal standards recommended graph (A) include any provisions that are ment of any unpaid liability of the licensee or established pursuant to this section may reasonably necessary to meet the require- under this Act. be developed taking into account for indus- ments of this Act. ‘‘(C) TERMS.—Each bond required in ac- try standards existing at the time of the de- ‘‘(D) INELIGIBILITY OR EXEMPTION.—The cordance with this section shall be fur- velopment of the standards. The Advisory Commission may, with respect to an appli- nished— Committee, and the Commission in promul- cant who does not have the ability to exer- ‘‘(i) in cash or negotiable securities; gating standards pursuant to subsection (d), cise any significant control over a licensed ‘‘(ii) by a surety bond guaranteed by a sat- shall, in addition to considering any other gaming operation— isfactory guarantor; or factor that the Commission considers to be ‘‘(i) determine that applicant to be ineli- ‘‘(iii) by an irrevocable letter of credit is- appropriate, consider— gible to hold a license; or sued by a banking institution acceptable to ‘‘(A) the unique nature of tribal gaming as ‘‘(ii) exempt that applicant from being re- the Commission. compared to non-Indian commercial, govern- quired to hold a license. ‘‘(D) TREATMENT OF PRINCIPAL AND IN- mental, and charitable gaming; ‘‘(d) DENIAL OF LICENSE.—The Commission, COME.—If a bond is furnished under this para- ‘‘(B) the broad variations in the scope and in the exercise of the specific licensure graph in cash or negotiable securities, the size of tribal gaming activity; power conferred upon the Commission by principal shall be placed without restriction ‘‘(C) the inherent sovereign right of Indian this Act, shall deny a license to any appli- at the disposal of the Commission, but any tribes to regulate their own affairs; and cant who is disqualified on the basis of a fail- income shall inure to the benefit of the li- ‘‘(D) the findings and purposes set forth in ure to meet any of the minimum Federal censee. sections 2 and 3. standards promulgated by the Commission ‘‘(f) RENEWAL OF LICENSE.— pursuant to section 7(c). N GENERAL ‘‘(d) REGULATIONS.—Upon receipt of the ‘‘(1) I .— ‘‘(e) APPLICATION FOR LICENSE.— recommendations of the Advisory Commit- ‘‘(A) RENEWALS.—Subject to the power of ‘‘(1) IN GENERAL.—Upon the filing of the the Commission to deny, revoke, or suspend tee, the Commission shall hold public hear- materials specified in paragraph (2), the ings on the recommendations. After the con- licenses, any license issued under this sec- Commission shall conduct an investigation tion and in force shall be renewed by the clusion of the hearings, the Commission into the qualifications of an applicant. The shall promulgate regulations establishing Commission for the next succeeding license Commission may conduct a nonpublic hear- period upon proper application for renewal minimum Federal regulatory requirements ing on such investigation concerning the and payment of license fees and assessments, and licensing standards. qualifications of the applicant in accordance as required by applicable law (including any ‘‘(e) TRAVEL.—Each member of the Advi- with regulations promulgated by the Com- rule or regulation promulgated under this sory Committee who is appointed under sub- mission. Act). paragraph (A) or (B) of subsection (b)(1) and ‘‘(2) FILING OF MATERIALS.—The Commis- ‘‘(B) RENEWAL TERM.—Subject to subpara- who is not an officer or employee of the Fed- sion shall carry out paragraph (1) upon the graph (C), the term of a renewal period for a eral Government or a government of a State filing of— license issued under this section shall be for shall be reimbursed for travel and per diem ‘‘(A) an application for a license that the a period of not more than— in lieu of subsistence expenses during the Commission is specifically authorized to ‘‘(i) 2 years, for each of the first 2 renewal performance of duties of the Advisory Com- issue pursuant to this Act; and periods succeeding the initial issuance of a mittee while away from the home or the reg- ‘‘(B) such supplemental information as the license pursuant to subsection (e); and ular place of business of that member, in ac- Commission may require. ‘‘(ii) 3 years, for each succeeding renewal cordance with subchapter I of chapter 57 of ‘‘(3) TIMING OF HEARINGS AND INVESTIGA- period. title 5, United States Code. TIONS AND FINAL ACTION.— ‘‘(C) REOPENING HEARINGS.—The Commis- ‘‘(f) TERMINATION.—The Advisory Commit- ‘‘(A) DEADLINE FOR HEARINGS AND INVES- sion may reopen licensing hearings at any tee shall cease to exist on the date that is 10 TIGATIONS.—Not later than 90 days after re- time after the Commission has issued or re- days after the date on which the Advisory ceiving the materials described in paragraph newed a license. Committee submits the recommendations (2), the Commission shall complete the in- ‘‘(2) TRANSITION.— under subsection (c). vestigation described in paragraph (1) and ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(g) EXEMPTION FROM FEDERAL ADVISORY any hearings associated with the investiga- other provision of this subsection, the Com- COMMITTEE ACT.—All activities of the Advi- tion conducted pursuant to that paragraph. mission shall, for the purpose of facilitating sory Committee shall be exempt from the ‘‘(B) DEADLINE FOR FINAL ACTION.—Not the administration of this Act, renew a li- Federal Advisory Committee Act (5 U.S.C. later than 10 days after the date specified in cense for an activity covered under sub- App.). subparagraph (A), the Commission shall take section (a) that is held by a person on the ‘‘SEC. 10. LICENSING. final action to grant or deny a license to the date of enactment of the Indian Gaming Reg- ‘‘(a) IN GENERAL.—A license issued under applicant. ulatory Act Amendments Act of 1997 for a re- this Act shall be required of— ‘‘(4) DENIALS.— newal period of 18 months. ‘‘(1) a gaming operation; ‘‘(A) IN GENERAL.—The Commission may ‘‘(B) ACTION BEFORE EXPIRATION.—The Com- ‘‘(2) a key employee of a gaming operation; disapprove an application submitted to the mission shall act upon a timely filed license ‘‘(3) a management contractor or gaming- Commission under this section and deny a li- renewal application prior to the date of expi- related contractor; cense to the applicant. ration of the then current license. ‘‘(4) a gaming service industry; or ‘‘(B) ORDER OF DENIAL.—If the Commission ‘‘(3) FILING REQUIREMENT.—Each applica- ‘‘(5) a person who has material control, ei- denies a license to an applicant under sub- tion for renewal shall be filed with the Com- ther directly or indirectly, over a licensed paragraph (A), the Commission shall prepare mission not later than 90 days prior to the gaming operation. an order denying such license. In addition, if expiration of the then current license, and ‘‘(b) CERTAIN LICENSES FOR MANAGEMENT an applicant requests a statement of the rea- shall be accompanied by full payment of all CONTRACTORS AND GAMING OPERATIONS.—Not- sons for the denial, the Commission shall license fees and assessments that are re- withstanding any other provision of law re- prepare such statement and provide the quired by law to be paid to the Commission. lating to licenses issued by an Indian tribe or statement to the applicant. The statement ‘‘(4) RENEWAL CERTIFICATE.—Upon renewal a State (or both) pursuant to this Act, the shall include specific findings of fact. of a license, the Commission shall issue an Commission may require licenses of— ‘‘(5) ISSUANCE OF LICENSES.—If the Commis- appropriate renewal certificate, validating ‘‘(1) management contractors; and sion is satisfied that an applicant is qualified device, or sticker, which shall be attached to ‘‘(2) gaming operations. to receive a license, the Commission shall the license. ‘‘(c) GAMING OPERATION LICENSE.— issue a license to the applicant upon tender ‘‘(g) HEARINGS.— ‘‘(1) IN GENERAL.—No gaming operation of— ‘‘(1) IN GENERAL.—The Commission shall shall operate unless all required licenses and ‘‘(A) all license fees and assessments as re- establish procedures for the conduct of hear- approvals for the gaming operation have quired by this Act (including any rule or reg- ings associated with licensing, including pro- been obtained in accordance with this Act. ulation promulgated under this Act); and cedures for issuing, denying, limiting, condi- ‘‘(2) WRITTEN AGREEMENTS.— ‘‘(B) such bonds as the Commission may re- tioning, restricting, revoking, or suspending ‘‘(A) FILING.—Prior to the operation of any quire for the faithful performance of all re- any such license. gaming facility or activity, each manage- quirements imposed by this Act (including ‘‘(2) ACTION BY COMMISSION.—Following a ment contract for the gaming operation any rule or regulation promulgated under hearing conducted for any of the purposes shall be in writing and filed with the Com- this Act). authorized in this section, the Commission mission pursuant to section 13. ‘‘(6) BONDS.— shall— ‘‘(B) EXPRESS APPROVAL REQUIRED.—No ‘‘(A) AMOUNTS.—The Commission shall, by ‘‘(A) render a decision of the Commission; management contract referred to in subpara- rules of uniform application, fix the amount ‘‘(B) issue an order; and graph (A) shall be effective unless the Com- of each bond that the Commission requires ‘‘(C) serve the decision referred to in sub- mission expressly approves the management under this section in such amount as the paragraph (A) and order referred to in sub- contract. Commission considers appropriate. paragraph (B) upon the affected parties. July 28, 1997 CONGRESSIONAL RECORD — SENATE S8197

‘‘(3) REHEARING.— ‘‘(III) to promote tribal economic develop- withhold such taxes when such payments are ‘‘(A) IN GENERAL.—The Commission may, ment; made; upon a motion made not later than 10 days ‘‘(IV) to donate to charitable organiza- ‘‘(ix) a separate license is issued by the In- after the service of a decision and order, tions; dian tribe for any class II gaming operation order a rehearing before the Commission on ‘‘(V) to assist in funding operations of local owned by any person or entity other than such terms and conditions as the Commis- government agencies; the Indian tribe and conducted on Indian sion considers just and proper if the Commis- ‘‘(VI) to comply with the provisions of sec- lands, that includes— sion finds cause to believe that the decision tion 17; or ‘‘(I) requirements set forth in clauses (v) and order should be reconsidered in view of ‘‘(VIII) to make per capita payments to through (vii) (other than the requirements of the legal, policy, or factual matters that members of the Indian tribe pursuant to clause (vii)(II)(cc)), and (x); and are— clause (viii); ‘‘(II) requirements that are at least as re- ‘‘(i) advanced by the party that makes the ‘‘(iv) the Indian tribe provides to the Com- strictive as those established by State law motion; or mission annual outside audit reports of the governing similar gaming within the juris- ‘‘(ii) raised by the Commission on a motion class II gaming operation of the Indian tribe, diction of the State within which such In- made by the Commission. which may be encompassed within existing dian lands are located; and ‘‘(B) ACTION AFTER REHEARING.—Following independent tribal audit systems; ‘‘(x) no person or entity, other than the In- a rehearing conducted by the Commission, ‘‘(v) each contract for supplies, services, or dian tribe, is eligible to receive a tribal li- the Commission shall— concessions for a contract amount equal to cense for a class II gaming operation con- ‘‘(i) render a decision of the Commission; more than $50,000 per year, other than a con- ducted on Indian lands within the jurisdic- ‘‘(ii) issue an order; and tract for professional legal or accounting tion of the Indian tribe if that person or en- ‘‘(iii) serve such decision and order upon services, relating to such gaming is subject tity would not be eligible to receive a State the affected parties. to such independent audit reports and any license to conduct the same activity within ‘‘(C) FINAL AGENCY ACTION.—A decision and audit conducted by the Commission; the jurisdiction of the State. order made by the Commission under para- ‘‘(vi) the construction and maintenance of ‘‘(B) TRANSITION.— graph (2) (if no motion for a rehearing is a class II gaming facility and the operation ‘‘(i) IN GENERAL.—Clauses (ii), (iii), and (ix) made by the date specified in subparagraph of class II gaming are conducted in a manner of subparagraph (A) shall not bar the contin- (A)), or a decision and order made by the that adequately protects the environment ued operation of a class II gaming operation Commission upon rehearing shall constitute and public health and safety; described in clause (ix) of that subparagraph final agency action for purposes of judicial ‘‘(vii) there is instituted an adequate sys- that was operating on September 1, 1986, if— review. tem that— ‘‘(I) that gaming operation is licensed and ‘‘(4) JURISDICTION.—The United States ‘‘(I) ensures that— regulated by an Indian tribe; Court of Appeals for the District of Columbia ‘‘(aa) background investigations are con- ‘‘(II) income to the Indian tribe from such Circuit shall have jurisdiction to review the ducted on primary management officials, gaming is used only for the purposes de- licensing decisions and orders of the Com- key employees, and persons having material scribed in subparagraph (A)(iii); mission. control, either directly or indirectly, in a li- ‘‘(III) not less than 60 percent of the net ‘‘(h) LICENSE REGISTRY.—The Commission censed class II gaming operation, and gam- revenues from such gaming operation is in- shall— ing-related contractors associated with a li- come to the licensing Indian tribe; and ‘‘(1) maintain a registry of all licenses that censed class II gaming operation; and ‘‘(IV) the owner of that gaming operation are granted or denied pursuant to this Act; ‘‘(bb) oversight of the officials referred to pays an appropriate assessment to the Com- and in item (aa) and the management by those mission pursuant to section 17 for the regu- ‘‘(2) make the information contained in the officials is conducted on an ongoing basis; lation of that gaming. registry available to Indian tribes to assist and ‘‘(ii) LIMITATIONS ON EXEMPTION.—The ex- the licensure and regulatory activities of In- ‘‘(II) includes— emption from application provided under dian tribes. ‘‘(aa) tribal licenses for persons involved in clause (i) may not be transferred to any per- ‘‘SEC. 11. REQUIREMENTS FOR THE CONDUCT OF class II gaming operations, issued in accord- son or entity and shall remain in effect only CLASS I AND CLASS II GAMING ON ance with sections 7(c) and 10; during such period as the gaming operation INDIAN LANDS. ‘‘(bb) a standard whereby any person whose remains within the same nature and scope as ‘‘(a) CLASS I GAMING.—Class I gaming on prior activities, criminal record, if any, or that gaming operation was actually operated Indian lands shall be within the exclusive ju- reputation, habits, and associations pose a on October 17, 1988. risdiction of the Indian tribes and shall not threat to the public interest or to the effec- ‘‘(C) LIST.—The Commission shall— be subject to the provisions of this Act. tive regulation of gaming, or create or en- ‘‘(i) maintain a list of each gaming oper- ‘‘(b) CLASS II GAMING.— hance the dangers of unsuitable, unfair, or il- ation that is subject to subparagraph (B); ‘‘(1) IN GENERAL.—Any class II gaming on legal practices and methods and activities in and Indian lands shall be within the jurisdiction the conduct of gaming shall not be eligible ‘‘(ii) publish such list in the Federal Reg- of the Indian tribes, but shall be subject to for employment or licensure; and ister. the provisions of this Act. ‘‘(cc) notification by the Indian tribe to ‘‘(c) PETITION FOR CERTIFICATE OF SELF- ‘‘(2) LEGAL ACTIVITIES.—An Indian tribe the Commission of the results of a back- REGULATION.— may engage in, and license and regulate, ground investigation conducted under item ‘‘(1) IN GENERAL.—Any Indian tribe that op- class II gaming on Indian lands within the (bb) before the issuance of any such license; erates, directly or with a management con- jurisdiction of such tribe, if— ‘‘(viii) net revenues from any class II gam- tract, a class II gaming activity may peti- ‘‘(A) that Indian gaming is located within ing activities conducted or licensed by any tion the Commission for a certificate of self- a State that permits that gaming for any Indian tribal government are used to make regulation if that Indian tribe— purpose by any person; and per capita payments to members of the In- ‘‘(A) has continuously conducted such ac- ‘‘(B) the class II gaming operation meets or dian tribe only if— tivity for a period of not less than 3 years, exceeds the requirements of sections 7(c) and ‘‘(I) the Indian tribe has prepared a plan to including a period of not less than 1 year 10. allocate revenues to uses authorized by that begins after the date of enactment of ‘‘(3) REQUIREMENTS FOR CLASS II GAMING OP- clause (iii); the Indian Gaming Regulatory Act Amend- ERATIONS.— ‘‘(II) the Secretary determines that the ments Act of 1997; and ‘‘(A) IN GENERAL.—The Commission shall plan is adequate, particularly with respect to ‘‘(B) has otherwise complied with the pro- ensure that, with regard to any class II gam- uses described in subclause (I) or (III) of visions of this Act. ing operation on Indian lands— clause (iii); ‘‘(2) ISSUANCE OF CERTIFICATE OF SELF-REG- ‘‘(i) a separate license is issued by the In- ‘‘(III) the interests of minors and other le- ULATION.—The Commission shall issue a cer- dian tribe for each place, facility, or location gally incompetent persons who are entitled tificate of self-regulation under this sub- on Indian lands at which class II gaming is to receive any of the per capita payments are section if the Commission determines, on the conducted; protected and preserved; basis of available information, and after a ‘‘(ii) the Indian tribe has or will have the ‘‘(IV) the per capita payments to minors hearing if requested by the Indian tribe, that sole proprietary interest and responsibility and other legally incompetent persons are the Indian tribe has— for the conduct of any class II gaming activ- disbursed to the parents or legal guardians of ‘‘(A) conducted its gaming activity in a ity, unless the conditions of clause (ix) the minors or legally incompetent persons manner which has— apply; referred to in subclause (III) in such amounts ‘‘(i) resulted in an effective and honest ac- ‘‘(iii) the net revenues from any class II as may be necessary for the health, edu- counting of all revenues; gaming activity are used only— cation, or welfare of each such minor or le- ‘‘(ii) resulted in a reputation for safe, fair, ‘‘(I) to fund tribal government operations gally incompetent person under a plan ap- and honest operation of the activity; and or programs; proved by the Secretary and the governing ‘‘(iii) been generally free of evidence of ‘‘(II) to provide for the general welfare of body of the Indian tribe; and criminal or dishonest activity; the Indian tribe and the members of the In- ‘‘(V) the per capita payments are subject ‘‘(B) adopted and implemented adequate dian tribe; to Federal income taxation and Indian tribes systems for— S8198 CONGRESSIONAL RECORD — SENATE July 28, 1997 ‘‘(i) accounting for all revenues from the pose of entering into a compact governing ‘‘(II) any other applicable Federal law; and gaming activity; the conduct of gaming activities. Upon re- ‘‘(III) the findings and order of the court. ‘‘(ii) investigation, licensing, and monitor- ceiving such a request, the State shall nego- ‘‘(v) SUBMISSION OF COMPACT TO STATE AND ing of all employees of the gaming activity; tiate with the Indian tribe in good faith to INDIAN TRIBE.—The mediator appointed under and enter into such a compact. clause (iv) shall submit to the State and the ‘‘(iii) investigation, enforcement, and pros- ‘‘(B) APPROVAL BY THE SECRETARY.—Any Indian tribe the proposed compact selected ecution of violations of its gaming ordinance State and any Indian tribe may enter into a by the mediator under clause (iv). and regulations; compact governing class III gaming activi- ‘‘(vi) CONSENT OF STATE.—If a State con- ‘‘(C) conducted the operation on a fiscally ties on the Indian lands of the Indian tribe, sents to a proposed compact submitted to and economically sound basis; and but that compact shall take effect only when the State under clause (v) during the 60-day ‘‘(D) paid all fees and assessments that the notice of approval by the Secretary of that period beginning on the date on which the tribe is required to pay to the Commission compact has been published by the Secretary proposed compact is submitted to the State in the Federal Register. under this Act. under clause (v), the proposed compact shall ‘‘(3) ACTIONS.— ‘‘(3) EFFECT OF CERTIFICATE OF SELF-REGU- be treated as a compact entered into under ‘‘(A) IN GENERAL.—The United States dis- LATION.—During the period in which a cer- paragraph (2). tificate of self-regulation issued under this trict courts shall have jurisdiction over— ‘‘(i) any cause of action initiated by an In- ‘‘(vii) FAILURE OF STATE TO CONSENT.—If subsection is in effect with respect to a gam- the State does not consent during the 60-day ing activity conducted by an Indian tribe— dian tribe arising from the failure of a State to enter into negotiations with the Indian period described in clause (vi) to a proposed ‘‘(A) the Indian tribe shall— compact submitted by a mediator under ‘‘(i) submit an annual independent audit tribe for the purpose of entering into a com- pact under paragraph (2) or to conduct such clause (v), the mediator shall notify the Sec- report required under subsection retary and the Secretary shall prescribe, in (b)(3)(A)(iv); and negotiations in good faith; consultation with the Indian tribe, proce- ‘‘(ii) submit to the Commission a complete ‘‘(ii) any cause of action initiated by a dures— re´sume´ of each employee hired and licensed State or Indian tribe to enjoin a class III ‘‘(I) that are consistent with the proposed by the Indian tribe subsequent to the issu- gaming activity located on Indian lands and compact selected by the mediator under ance of a certificate of self-regulation; and conducted in violation of any compact en- clause (iv), the provisions of this Act, and ‘‘(B) the Commission may not assess a fee tered into under paragraph (2) that is in ef- the applicable provisions of the laws of the under section 17 on gaming operated by the fect; and State; and Indian tribe pursuant to paragraph (1) in ex- ‘‘(iii) any cause of action initiated by the Secretary to enforce the procedures pre- ‘‘(II) under which class III gaming may be cess of 1⁄4 of 1 percent of the net revenue from conducted on the Indian lands over which that activity. scribed under subparagraph (B)(vii). ‘‘(B) PROCEDURES.— the Indian tribe has jurisdiction. ‘‘(4) RESCISSION.—The Commission may, for just cause and after a reasonable oppor- ‘‘(i) IN GENERAL.—An Indian tribe may ini- ‘‘(4) APPROVAL BY SECRETARY.— tunity for a hearing, rescind a certificate of tiate a cause of action described in subpara- ‘‘(A) IN GENERAL.—The Secretary is author- self-regulation issued under this subsection graph (A)(i) only after the expiration of the ized to approve any compact entered into be- 180-day period beginning on the date on by majority vote of the members of the Com- tween an Indian tribe and a State governing which the Indian tribe requests the State to mission. gaming on Indian lands of such Indian tribe. enter into negotiations under paragraph ISAPPROVAL BY SECRETARY ‘‘(d) LICENSE REVOCATION.—If, after the is- ‘‘(B) D .—The (2)(A). suance of any license by an Indian tribe Secretary may disapprove a compact de- ‘‘(ii) BURDEN OF PROOF.—In any action de- under this section, the Indian tribe receives scribed in subparagraph (A) only if such com- scribed in subparagraph (A)(i), upon intro- reliable information from the Commission pact violates— duction of evidence by an Indian tribe that— indicating that a licensee does not meet any ‘‘(i) any provision of this Act; ‘‘(I) a compact has not been entered into standard established under section 7(c) or 10, ‘‘(ii) any other provision of Federal law under paragraph (2); and or any other applicable regulation promul- that does not relate to jurisdiction over ‘‘(II) the State did not respond to the re- gated under this Act, the Indian tribe— gaming on Indian lands; or quest of the Indian tribe to negotiate such a ‘‘(iii) the trust obligation of the United ‘‘(1) shall immediately suspend that li- compact or did not respond to such request cense; and States to Indians. in good faith, ‘‘(C) FAILURE OF THE SECRETARY TO TAKE ‘‘(2) after providing notice, holding a hear- the burden of proof shall be upon the State FINAL ACTION.—If the Secretary does not ap- ing, and making findings of fact under proce- to prove that the State has negotiated with dures established pursuant to applicable prove or disapprove a compact described in the Indian tribe in good faith to conclude a subparagraph (A) before the expiration of the tribal law, may revoke that license. compact governing the conduct of gaming 45-day period beginning on the date on which ‘‘SEC. 12. CLASS III GAMING ON INDIAN LANDS. activities. the compact is submitted to the Secretary ‘‘(a) REQUIREMENTS FOR THE CONDUCT OF ‘‘(iii) FAILURE TO NEGOTIATE.—If, in any ac- for approval, the compact shall be considered CLASS III GAMING ON INDIAN LANDS.— tion described in subparagraph (A)(i), the to have been approved by the Secretary, but ‘‘(1) IN GENERAL.—Class III gaming activi- court finds that the State has failed to nego- only to the extent the compact is consistent ties shall be lawful on Indian lands only if tiate in good faith with the Indian tribe to those activities are— conclude a compact governing the conduct of with the provisions of this Act. ‘‘(A) authorized by— gaming activities, the court shall order the ‘‘(D) PUBLICATION OF NOTICE.—The Sec- ‘‘(i) a compact that— State and the Indian tribe to conclude such retary shall publish in the Federal Register ‘‘(I) is approved pursuant to tribal law by a compact within a 60-day period beginning notice of any compact that is approved, or the governing body of the Indian tribe hav- on the date of that order. In determining in considered to have been approved, under this ing jurisdiction over those lands; such an action whether a State has nego- paragraph. ‘‘(II) meets the requirements of section tiated in good faith, the court— ‘‘(E) EFFECT OF PUBLICATION OF COMPACT.— 11(b)(3) for the conduct of class II gaming; ‘‘(I) may take into account the public in- Except for an appeal conducted under sub- and terest, public safety, criminality, financial chapter II of chapter 5 of title 5, United ‘‘(III) is approved by the Secretary under integrity, and adverse economic impacts on States Code, by an Indian tribe or by a State paragraph (4); or existing gaming activities; and associated with the publication of the com- ‘‘(ii) the Secretary under procedures pre- ‘‘(II) shall consider any demand by the pact, the publication of a compact pursuant scribed by the Secretary under paragraph State for direct taxation of the Indian tribe to subparagraph (D) or subsection (c)(4) that (3)(B)(vii); or of any Indian lands as evidence that the permits a form of class III gaming shall, for ‘‘(B) located in a State that permits that State has not negotiated in good faith. purposes of this Act, be conclusive evidence gaming for any purpose by any person; and ‘‘(iv) PROCEDURE IN THE EVENT OF FAILURE that such class III gaming is an activity sub- ‘‘(C) conducted in conformance with— TO CONCLUDE A COMPACT.—If a State and an ject to negotiations under the laws of the ‘‘(i) a compact that— Indian tribe fail to conclude a compact gov- State where the gaming is to be conducted, ‘‘(I) is in effect; and erning the conduct of gaming activities on in any matter under consideration by the ‘‘(II) is entered into by an Indian tribe and the Indian lands subject to the jurisdiction Commission or a Federal court. a State and approved by the Secretary under of such Indian tribe within the 60-day period ‘‘(F) EFFECTIVE DATE OF COMPACT.—A com- paragraph (4); or provided in the order of a court issued under pact shall become effective upon the publica- ‘‘(ii) procedures prescribed by the Sec- clause (iii), the Indian tribe and the State tion of the compact in the Federal Register retary under paragraph (3)(B)(vii). shall each submit to a mediator appointed by by the Secretary. ‘‘(2) COMPACT NEGOTIATIONS.— the court a proposed compact that rep- ‘‘(G) DUTIES OF COMMISSION.—Consistent ‘‘(A) IN GENERAL.—Any Indian tribe having resents the last best offer of the Indian tribe with the provisions of sections 7(c), 8, and 10, jurisdiction over the Indian lands upon and the State for a compact. The mediator the Commission shall monitor and, if specifi- which a class III gaming activity is being shall select from the 2 proposed compacts cally authorized, regulate and license class conducted, or is to be conducted, shall re- the proposed compact that best comports III gaming with respect to any compact that quest the State in which those lands are lo- with— is published in the Federal Register. cated to enter into negotiations for the pur- ‘‘(I) the terms of this Act; ‘‘(5) PROVISIONS OF COMPACTS.— July 28, 1997 CONGRESSIONAL RECORD — SENATE S8199

‘‘(A) IN GENERAL.—A compact negotiated ‘‘(1) IN GENERAL.—The governing body of an adopted pursuant to section 7(c), any gam- under this subsection may include provisions Indian tribe, in its sole discretion, may ing-related contract. relating to— adopt an ordinance or resolution revoking ‘‘(b) MANAGEMENT CONTRACT REQUIRE- ‘‘(i) the application of the criminal and any prior ordinance or resolution that au- MENTS.—The Commission shall approve any civil laws (including any rule or regulation) thorized class III gaming on the Indian lands management contract between an Indian of the Indian tribe or the State that are di- of the Indian tribe. Such revocation shall tribe and a person licensed by an Indian tribe rectly related to, and necessary for, the li- render class III gaming illegal on the Indian or the Commission that is entered into pur- censing and regulation of such activity in a lands of such Indian tribe. suant to this Act only if the Commission de- manner consistent with sections 7(c), 8, and ‘‘(2) PUBLICATION OF REVOCATION.—An In- termines that the contract provides for— 10; dian tribe shall submit any revocation ordi- ‘‘(1) adequate accounting procedures that ‘‘(ii) the allocation of criminal and civil ju- nance or resolution described in paragraph are maintained, and verifiable financial re- risdiction between the State and the Indian (1) to the Commission. Not later than 90 days ports that are prepared, by or for the govern- tribe necessary for the enforcement of such after the date on which the Commission re- ing body of the Indian tribe on a monthly laws (including any rule or regulation); ceives such ordinance or resolution, the basis; ‘‘(iii) the assessment by the State of the Commission shall publish such ordinance or ‘‘(2) access to the daily gaming operations costs associated with such activities in such resolution in the Federal Register. The rev- by appropriate officials of the Indian tribe amounts as are necessary to defray the costs ocation provided by such ordinance or reso- who shall have the right to verify the daily of regulating such activity; lution shall take effect on the date of such gross revenues and income derived from any ‘‘(iv) taxation by the Indian tribe of such publication. gaming activity; activity in amounts comparable to amounts ‘‘(3) CONDITIONAL OPERATION.—Notwith- ‘‘(3) a minimum guaranteed payment to assessed by the State for comparable activi- standing any other provision of this sub- the Indian tribe that has preference over the ties; section— retirement of any development and construc- ‘‘(v) remedies for breach of compact provi- ‘‘(A) any person or entity operating a class tion costs; sions; III gaming activity pursuant to this sub- ‘‘(4) an agreed upon ceiling for the repay- ‘‘(vi) standards for the operation of such section on the date on which an ordinance or ment of any development and construction activity and maintenance of the gaming fa- resolution described in paragraph (1) that re- costs; cility, including licensing, in a manner con- vokes authorization for such class III gaming ‘‘(5) a contract term of not to exceed 5 sistent with sections 7(c), 8, and 10; and activity is published in the Federal Register years, except that, upon the request of an In- ‘‘(vii) any other subject that is directly re- may, during the 1-year period beginning on dian tribe, the Commission may authorize a lated to the operation of gaming activities the date on which such revocation, ordi- contract term that exceeds 5 years but does and the impact of gaming on tribal, State, nance, or resolution is published under para- not exceed 7 years if the Commission is satis- and local governments. graph (2), continue to operate such activity fied that the capital investment required, ‘‘(B) STATUTORY CONSTRUCTION WITH RE- in conformance with an applicable compact and the income projections for, the particu- SPECT TO ASSESSMENTS.—Except for any as- approved or issued under subsection (a) that lar gaming activity require the additional sessments for services agreed to by an Indian is in effect; and time; and tribe in compact negotiations, nothing in ‘‘(B) any civil action that arises before, ‘‘(6) grounds and mechanisms for the ter- this section may be construed as conferring and any crime that is committed before, the mination of the contract, but any such ter- upon a State or any political subdivision expiration of such 1-year period shall not be mination shall not require the approval of thereof the authority to impose any tax, fee, affected by such revocation ordinance, or the Commission. charge, or other assessment upon an Indian resolution. ‘‘(c) MANAGEMENT FEE BASED ON PERCENT- tribe, an Indian gaming operation or the ‘‘(d) CERTAIN CLASS III GAMING ACTIVI- AGE OF NET REVENUES.— value generated by the gaming operation, or TIES.— ‘‘(1) PERCENTAGE FEE.—The Commission any person or entity authorized by an Indian ‘‘(1) COMPACTS ENTERED INTO BEFORE THE may approve a management contract that tribe to engage in a class III gaming activity DATE OF ENACTMENT OF THE INDIAN GAMING provides for a fee that is based on a percent- in conformance with this Act. REGULATORY ACT AMENDMENTS ACT OF 1997.— age of the net revenues of a tribal gaming ac- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(6) STATUTORY CONSTRUCTION WITH RE- tivity if the Commission determines that (B), class III gaming activities that are au- SPECT TO CERTAIN RIGHTS OF INDIAN TRIBES.— such percentage fee is reasonable, taking Nothing in this subsection impairs the right thorized under a compact approved, or proce- into consideration surrounding cir- of an Indian tribe to regulate class III gam- dures prescribed, by the Secretary under the cumstances. authority of this Act prior to the date of en- ing on the Indian lands of the Indian tribe ‘‘(2) FEE AMOUNT.—Except as provided in actment of the Indian Gaming Regulatory concurrently with a State and the Commis- paragraph (3), a fee described in paragraph Act Amendments Act of 1997 shall, during sion, except to the extent that such regula- (1) shall not exceed an amount equal to 30 such period as the compact is in effect, re- tion is inconsistent with, or less stringent percent of the net revenues described in such main lawful for the purposes of this Act, not- than, this Act or any laws (including any paragraph. withstanding the Indian Gaming Regulatory rule or regulation) made applicable by any ‘‘(3) EXCEPTION.—Upon the request of an In- Act Amendments Act of 1997 and the amend- compact entered into by the Indian tribe dian tribe, if the Commission is satisfied ments made by such Act or any change in under this subsection that is in effect. that the capital investment required, and in- State law enacted after the approval or issu- ‘‘(7) EXEMPTION.—The provisions of sec- come projections for, a tribal gaming activ- ance of the compact. tions 2 and 5 of the Act of January 2, 1951 ity, necessitate a fee in excess of the amount ‘‘(B) COMPACT OR PROCEDURES SUBJECT TO (commonly referred to as the ‘Gambling De- specified in paragraph (2), the Commission MINIMUM REGULATORY STANDARDS.—Subpara- vices Transportation Act’) (64 Stat. 1134, may approve a management contract that graph (A) shall apply to a compact or proce- chapter 1194, 15 U.S.C. 1172 and 1175) shall not provides for a fee described in paragraph (1) dures described in that subparagraph on the apply to any class II gaming activity or any in an amount in excess of the amount speci- condition that any class III gaming activity gaming activity conducted pursuant to a fied in paragraph (2), but not to exceed 40 conducted under the compact or procedures compact entered into after the date of enact- percent of the net revenues described in shall be subject to all Federal minimum reg- ment of this Act or conducted pursuant to paragraph (1). ulatory standards established under this Act procedures prescribed by the Secretary under ‘‘(d) GAMING-RELATED CONTRACT REQUIRE- and the regulations promulgated under this this Act, but in no event shall this paragraph MENTS.—The Commission shall approve a Act. be construed as invalidating any exemption gaming-related contract covered under sub- ‘‘(2) COMPACT ENTERED INTO AFTER THE from section 2 or 5 of the Act of January 2, section (a)(2) that is entered into pursuant to 1951, for any compact entered into prior to DATE OF ENACTMENT OF THE INDIAN GAMING this Act only if the Commission determines REGULATORY ACT AMENDMENTS ACT OF 1997.— the date of enactment of this Act or any pro- that the contract provides for— Any compact entered into under subsection cedures for conducting a gaming activity ‘‘(1) grounds and mechanisms for termi- (a) after the date specified in paragraph (1) prescribed by the Secretary prior to such nation of the contract, but such termination shall remain lawful for the purposes of this date of enactment. shall not require the approval of the Com- Act, notwithstanding any change in State ‘‘(b) JURISDICTION OF UNITED STATES DIS- mission; and TRICT COURT FOR THE DISTRICT OF COLUM- law enacted after the approval or issuance of ‘‘(2) such other provisions as the Commis- BIA.—The United States District Court for the compact. sion may be empowered to impose by this the District of Columbia shall have jurisdic- ‘‘SEC. 13. REVIEW OF CONTRACTS. Act. tion over any action initiated by the Sec- ‘‘(a) CONTRACTS INCLUDED.—The Commis- ‘‘(e) TIME PERIOD FOR REVIEW.— retary, the Commission, a State, or an In- sion shall, in accordance with this section, ‘‘(1) IN GENERAL.—Except as provided in dian tribe to enforce any provision of a com- review and approve or disapprove— paragraph (2), not later than 90 days after pact under subsection (a) that is in effect or ‘‘(1) any management contract for the op- the date on which a management contract or to enjoin a class III gaming activity located eration and management of any gaming ac- other gaming-related contract is submitted on Indian lands and conducted in violation of tivity that an Indian tribe may engage in to the Commission for approval, the Com- such compact that is in effect and that was under this Act; and mission shall approve or disapprove such entered into under subsection (a). ‘‘(2) unless licensed by an Indian tribe con- contract on the merits of the contract. The ‘‘(c) REVOCATION OF ORDINANCE.— sistent with the minimum Federal standards Commission may extend the 90-day period S8200 CONGRESSIONAL RECORD — SENATE July 28, 1997 for an additional period of not more than 45 ‘‘(3) the contractor has deliberately or sub- of enactment of the Indian Gaming Regu- days if the Commission notifies the Indian stantially failed to comply with the terms of latory Act Amendments Act of 1997, shall tribe in writing of the reason for the exten- the contract; or apply. sion of the period. The Indian tribe may ‘‘(4) a trustee, exercising the skill and dili- ‘‘SEC. 15. CIVIL PENALTIES. bring an action in the United States District gence that a trustee is commonly held to, ‘‘(a) AMOUNT.—Any person who commits Court for the District of Columbia to compel would not approve the contract. any act or causes to be done any act that action by the Commission if a contract has ‘‘SEC. 14. REVIEW OF EXISTING CONTRACTS; IN- violates any provision of this Act or any rule not been approved or disapproved by the ter- TERIM AUTHORITY. or regulation promulgated under this Act, or mination date of an applicable period under ‘‘(a) REVIEW OF EXISTING CONTRACTS.— who fails to carry out any act or causes the this subsection. ‘‘(1) IN GENERAL.—At any time after the failure to carry out any act that is required ‘‘(2) EFFECT OF FAILURE OF COMMISSION TO Commission is sworn in and has promulgated by any such provision of law shall be subject ACT ON CERTAIN GAMING-RELATED CON- regulations for the implementation of this to a civil penalty in an amount equal to not TRACTS.—Any gaming-related contract for an Act, the Commission shall notify each Indian more than $50,000 per day for each such vio- amount less than or equal to $100,000 that is tribe and management contractor who, prior lation. submitted to the Commission pursuant to to the enactment of the Indian Gaming Reg- ‘‘(b) ASSESSMENT AND COLLECTION.— paragraph (1) by a person who holds a valid ulatory Act Amendments Act of 1997, entered ‘‘(1) IN GENERAL.—Each civil penalty as- license that is in effect under this Act shall into a management contract that was ap- sessed under this section shall be assessed by be deemed to be approved, if by the date that proved by the Secretary, that the Indian the Commission and collected in a civil ac- is 90 days after the contract is submitted to tribe is required to submit to the Commis- tion brought by the Attorney General on be- the Commission, the Commission fails to ap- sion such contract, including all collateral half of the United States. Before the Com- prove or disapprove the contract. agreements relating to the gaming activity, mission refers civil penalty claims to the At- for review by the Commission not later than torney General, the Commission may com- ‘‘(f) CONTRACT MODIFICATIONS AND VOID 60 days after such notification. Any such CONTRACTS.—The Commission, after provid- promise the civil penalty after affording the contract shall be valid under this Act, unless person charged with a violation referred to ing notice and a hearing on the record— the contract is disapproved by the Commis- ‘‘(1) shall have the authority to require ap- in subsection (a), an opportunity to present sion under this section. views and evidence in support of such action propriate contract modifications to ensure EVIEW.— ‘‘(2) R by the Commission to establish that the al- compliance with the provisions of this Act; ‘‘(A) IN GENERAL.—Not later than 180 days leged violation did not occur. and after the submission of a management con- ‘‘(2) PENALTY AMOUNT.—In determining the ‘‘(2) may void any contract regulated by tract, including all collateral agreements, to amount of a civil penalty assessed under this the Commission under this Act if the Com- the Commission pursuant to this section, the section, the Commission shall take into ac- mission determines that any provision of Commission shall review the contract to de- count— this Act has been violated by the terms of termine whether the contract meets the re- ‘‘(A) the nature, circumstances, extent, the contract. quirements of section 13 and was entered and gravity of the violation committed; NTERESTS IN REAL PROPERTY.—No into in accordance with the procedures under ‘‘(g) I ‘‘(B) with respect to the person found to contract regulated by this Act may transfer such section. have committed such violation, the degree of or, in any other manner, convey any interest ‘‘(B) APPROVAL OF CONTRACT.—The Com- culpability, any history of prior violations, in land or other real property, unless specific mission shall approve a management con- ability to pay, the effect on ability to con- statutory authority exists, all necessary ap- tract submitted for review under subsection tinue to do business; and provals for such transfer or conveyance have (a) if the Commission determines that— ‘‘(C) such other matters as justice may re- been obtained, and such transfer or convey- ‘‘(i) the management contract meets the quire. ance is clearly specified in the contract. requirements of section 13; and ‘‘(ii) the management contractor has ob- ‘‘(c) TEMPORARY CLOSURES.— ‘‘(h) AUTHORITY OF THE SECRETARY.—The tained all of the licenses that the contractor ‘‘(1) IN GENERAL.—The Commission may authority of the Secretary under section 2103 is required to obtain under this Act. order the temporary closure of all or part of of the Revised Statutes (25 U.S.C. 81) shall an Indian gaming operation for a substantial ‘‘(C) NOTIFICATION OF NECESSARY MODIFICA- not extend to any contract or agreement violation of any provision of law referred to TIONS.—If the Commission determines that a that is regulated pursuant to this Act. contract submitted under this section does in subsection (a). ‘‘(i) DISAPPROVAL OF CONTRACTS.—The not meet the requirements of section 13— ‘‘(2) HEARING ON ORDER OF TEMPORARY CLO- Commission may not approve a contract if ‘‘(i) the Commission shall provide the par- SURE.— the Commission determines that— ties to such contract written notification of ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(1) any person having a direct financial the necessary modifications; and after the issuance of an order of temporary interest in, or management responsibility ‘‘(ii) the parties referred to in clause (i) closure, the Indian tribe or the individual for, such contract, and, in the case of a cor- shall have 180 days after the date on which owner of a gaming operation shall have the poration, any individual who serves on the such notification is provided to make the right to request a hearing on the record be- board of directors of such corporation, and modifications. fore the Commission to determine whether any of the stockholders who hold (directly or ‘‘(b) INTERIM AUTHORITY OF THE NATIONAL such order should be made permanent or dis- indirectly) 10 percent or more of its issued INDIAN GAMING COMMISSION.— solved. and outstanding stock— ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(B) DEADLINES RELATING TO HEARING.—Not ‘‘(A) is an elected member of the governing other provision of this Act, the Chairman later than 30 days after a request for a hear- body of the Indian tribe which is a party to and the associate members of the National ing is made under subparagraph (A), the the contract; Indian Gaming Commission who are holding Commission shall conduct such hearing. Not ‘‘(B) has been convicted of any felony or office on the day before the date of enact- later than 30 days after the termination of gaming offense; ment of the Indian Gaming Regulatory Act the hearing, the Commission shall render a ‘‘(C) has knowingly and willfully provided Amendments Act of 1997 shall exercise the final decision on the closure. materially important false statements or in- authorities described in paragraph (2) until ‘‘SEC. 16. JUDICIAL REVIEW. formation to the Commission or the Indian such time as all of the initial members of the ‘‘A decision made by the Commission pur- tribe pursuant to this Act or has refused to Federal Indian Gaming Regulatory Commis- suant to section 7, 8, 10, 13, 14, or 15 shall respond to questions propounded by the sion are sworn into office. constitute a final agency decision for pur- Commission; or ‘‘(2) AUTHORITIES.—Until the date specified poses of appeal to the United States District ‘‘(D) has been determined to be a person in paragraph (1), the Chairman and the asso- Court for the District of Columbia pursuant whose prior activities, criminal record, if ciate members of the National Indian Gam- to chapter 7 of title 5, United States Code. any, or reputation, habits, and associations ing Commission referred to in that para- ‘‘SEC. 17. COMMISSION FUNDING. pose a threat to the public interest or to the graph shall exercise those authorities vested ‘‘(a) ANNUAL FEES.— effective regulation and control of gaming, in the Federal Indian Gaming Regulatory ‘‘(1) IN GENERAL.—The Commission shall or create or enhance the dangers of unsuit- Commission by this Act (other than the au- establish a schedule of fees to be paid to the able, unfair, or illegal practices, methods, thority specified in section 7(a)(1)(A) and any Commission annually by gaming operations and activities in the conduct of gaming or other authority directly related to the ad- for each class II and class III gaming activity the carrying on of the business and financial ministration of the Federal Indian Gaming that is regulated by this Act. arrangements incidental thereto; Regulatory Commission as an independent ‘‘(2) LIMITATION ON FEE RATES.— ‘‘(2) the contractor— establishment, as defined in section 104 of ‘‘(A) IN GENERAL.—For each gaming oper- ‘‘(A) has unduly interfered or influenced title 5, United States Code). ation regulated under this Act, the rate of for its gain or advantage any decision or ‘‘(3) REGULATIONS.—Until such time as the the fees imposed under the schedule estab- process of tribal government relating to the Commission promulgates revised regulations lished under paragraph (1) shall not exceed 2 gaming activity; or after the date of enactment of the Indian percent of the net revenues of that gaming ‘‘(B) has attempted to interfere or influ- Gaming Regulatory Act Amendments Act of operation. ence a decision pursuant to subparagraph 1997, the regulations promulgated under this ‘‘(B) TOTAL AMOUNT OF FEES.—The total (A); Act, as in effect on the day before the date amount of all fees imposed during any fiscal July 28, 1997 CONGRESSIONAL RECORD — SENATE S8201 year under the schedule established under ‘‘(b) EXEMPTION.—The provisions of section It is my understanding that this paragraph (1) shall be equal to not more than 6050I of the Internal Revenue Code of 1986 measure is substantially identical in $25,000,000. shall apply to an Indian gaming establish- most respects to the bill, S. 487, that ment that is not designated by the Secretary ‘‘(3) ANNUAL FEE RATE.—The Commission, was reported by the Committee on In- by a vote of a majority of the members of of the Treasury as a financial institution the Commission, shall annually adopt the pursuant to chapter 53 of title 31, United dian Affairs in the last session of the rate of the fees authorized by this section. States Code. Congress. Those fees shall be payable to the Commis- ‘‘(c) STATUTORY CONSTRUCTION.—This sec- tion shall apply notwithstanding any other Mr. President, over the years, in our sion on a monthly basis. various capacities as Members, chair- ‘‘(4) ADJUSTMENT OF FEES.—The fees im- provision of law enacted before, on, or after, posed upon a gaming operation may be re- the date of enactment of this Act unless such man, and vice chairman of the Com- duced by the Commission to take into ac- other provision of law specifically cites this mittee on Indian Affairs, Senator count any regulatory functions that are per- subsection. MCCAIN and I have worked together on ‘‘(d) ACCESS TO INFORMATION BY STATE AND formed by an Indian tribe, or the Indian the complex and challenging issues TRIBAL GOVERNMENTS.—Subject to section tribe and a State, pursuant to regulations 7(d), upon the request of a State or the gov- which have typically loomed large on promulgated by the Commission. erning body of an Indian tribe, the Commis- the horizons of Indian gaming. ‘‘(5) CONSEQUENCES OF FAILURE TO PAY sion shall make available any law enforce- We have learned, from sometimes FEES.—Failure to pay the fees imposed under ment information that the Commission has the schedule established under paragraph (1) obtained pursuant to such section, unless bitter experience, that in this arena, shall, subject to regulations promulgated by otherwise prohibited by law, in order to en- one most definitely cannot satisfy even the Commission, be grounds for revocation of able the State or the Indian tribe to carry some of the people some of the time— the approval of the Commission of any li- out its responsibilities under this Act or any but we have continued to explore a cense required under this Act for the oper- compact approved by the Secretary.’’; and range of solutions that might hold the ation of gaming activities. (5) by striking section 20(d). ‘‘(6) SURPLUS FUNDS.—To the extent that potential for finding acceptance SEC. 3. CONFORMING AMENDMENTS. amongst the relevant parties in inter- revenues derived from fees imposed under (a) TITLE 10.—Section 2323a(e)(1) of title 10, the schedule established under paragraph (1) United States Code, is amended by striking est. exceed the limitation in paragraph (2)(B) or ‘‘section 4(4) of the Indian Gaming Regu- Mr. President, it is my hope that in are not expended or committed at the close latory Act (102 Stat. 2468; 25 U.S.C. 2703(4))’’ of any fiscal year, those surplus funds shall the days ahead, the chairman of the In- and inserting ‘‘section 4(14) of the Indian dian Affairs Committee and I will be be credited to each gaming activity that is Gaming Regulatory Act’’. the subject of the fees on a pro rata basis (b) TITLE 18.—Title 18, United States Code, able to introduce a measure to amend against those fees imposed for the succeeding is amended— the Indian Gaming Regulatory Act year. (1) in section 1166— that will build upon this initiative, and ‘‘(b) REIMBURSEMENT OF COSTS.—The Com- (A) in subsection (c), by striking ‘‘a Tribal- the work that the Indian Affairs Com- mission may assess any applicant, except the State compact approved by the Secretary of mittee has been engaged in—over the governing body of an Indian tribe, for any li- the Interior under section 11(d)(8) of the In- last 7 months. cense required pursuant to this Act. That as- dian Gaming Regulatory Act that is in ef- sessment shall be an amount equal to the ac- fect’’ and inserting ‘‘a compact approved by We are in the process of updating tual costs of conducting all reviews and in- the Secretary of the Interior under section some of the provisions of the 1988 act— vestigations necessary for the Commission 12(a) of the Indian Gaming Regulatory Act as well as identifying areas that may to determine whether a license should be that is in effect or pursuant to procedures require a whole new approach. granted or denied to the applicant. prescribed by the Secretary of the Interior ‘‘(c) ANNUAL BUDGET.— under section 12(a)(3)(B)(iii) of such Act’’; In the interim, of this we can be cer- ‘‘(1) IN GENERAL.—For the first full fiscal and tain—there will be much discussion year beginning after the date of enactment (B) in subsection (d), by striking ‘‘a Tribal- and a renewed round of debate on the of the Indian Gaming Regulatory Act State compact approved by the Secretary of merits of the measure that is being in- Amendments Act of 1997, and each fiscal year the Interior under section 11(d)(8) of the In- troduced today—but I commend my thereafter, the Commission shall adopt an dian Gaming Regulatory Act’’ and inserting annual budget for the expenses and operation ‘‘a compact approved by the Secretary of the colleague for his continuing commit- of the Commission. Interior under section 12(a) of the Indian ment to Indian country, and his efforts ‘‘(2) REQUEST FOR APPROPRIATIONS.—The Gaming Regulatory Act or pursuant to pro- to address some of the more challeng- budget of the Commission may include a re- cedures prescribed by the Secretary of the ing issues of our times. quest for appropriations authorized under Interior under section 12(a)(3)(B)(iii) of such section 18. Act,’’; By Mr. SPECTER (for himself, ‘‘(3) SUBMISSION TO CONGRESS.—Notwith- (2) in section 1167, by striking ‘‘pursuant to Mr. ROCKEFELLER, Mr. ABRA- standing any other provision of law, a re- an ordinance or resolution approved by the quest for appropriations made pursuant to National Indian Gaming Commission’’ each HAM, Mr. AKAKA, Mr. ALLARD, paragraph (2) shall be submitted by the Com- place it appears; and Mr. ASHCROFT, Mr. BINGAMAN, mission directly to Congress beginning with (3) in section 1168, by striking ‘‘pursuant to Mr. BOND, Mr. BREAUX, Mr. the request for the first full fiscal year be- an ordinance or resolution approved by the CAMPBELL, Mr. CLELAND, Mr. ginning after the date of enactment of this National Indian Gaming Commission,’’ each COATS, Mr. COCHRAN, Ms. COL- Act, and shall include the proposed annual place it appears. LINS, Mr. CRAIG, Mr. D’AMATO, (c) INTERNAL REVENUE CODE OF 1986.—Sec- budget of the Commission and the estimated Mr. DEWINE, Mr. DODD, Mr. revenues to be derived from fees. tion 168(j)(4)(A)(iv) of the Internal Revenue DORGAN, Mr. DURBIN, Mr. ‘‘SEC. 18. AUTHORIZATION OF APPROPRIATIONS. Code of 1986 is amended by striking ‘‘Indian FAIRCLOTH, Mrs. FEINSTEIN, Mr. ‘‘Subject to section 17, there are author- Regulatory Act’’ and inserting ‘‘Indian Gam- ing Regulatory Act’’. ized to be appropriated $5,000,000 to provide FORD, Mr. GLENN, Mr. GRAHAM, (d) TITLE 28.—Title 28, United States Code, for the operation of the Commission for each Mr. GRAMS, Mr. GRASSLEY, Mr. is amended— HAGEL, Mr. HATCH, Mr. HELMS, of fiscal years 1998, 1999, and 2000, to remain (1) in section 3701(2)— Mr. HOLLINGS, Mr. INHOFE, Mr. available until expended. (A) by striking ‘‘section 4(5) of the Indian ‘‘SEC. 19. APPLICATION OF THE INTERNAL REVE- Gaming Regulatory Act (25 U.S.C. 2703(5))’’ INOUYE, Mr. JEFFORDS, Mr. NUE CODE OF 1986. and inserting ‘‘section 4(15) of the Indian KEMPTHORNE, Ms. LANDRIEU, ‘‘(a) IN GENERAL.—The provisions of the In- Gaming Regulatory Act’’; and Mr. LIEBERMAN, Mr. MACK, Mr. ternal Revenue Code of 1986 (including sec- (B) by striking ‘‘section 4(4) of such Act (25 MCCAIN, Ms. MOSELEY-BRAUN, tions 1441, 3402(q), 6041, and chapter 35 of U.S.C. 2703(4))’’ and inserting ‘‘section 4(14) Mr. MURKOWSKI, Mrs. MURRAY, such Code) concerning the reporting and of such Act’’; and withholding of taxes with respect to the Mr. REID, Mr. ROTH, Mr. (2) in section 3704(b), by striking ‘‘section SANTORUM, Mr. SMITH of Or- winnings from gaming or wagering oper- 4(4) of the Indian Gaming Regulatory Act’’ egon, Ms. SNOWE, Mr. STEVENS, ations shall apply to Indian gaming oper- and inserting ‘‘section 4(14) of the Indian ations conducted pursuant to this Act in the Gaming Regulatory Act’’. and Mr. THURMOND): same manner as such provisions apply to S.J. Res. 36. A joint resolution to State gaming and wagering operations. Any Mr. INOUYE. Mr. President, I rise exemptions under those provisions to States today to join my distinguished col- confer status as an honorary veteran of with respect to taxation of that gaming or league, Senator JOHN MCCAIN, as a co- the United States Armed Forces on wagering operation shall be allowed to In- sponsor of legislation to amend the In- Leslie Townes (Bob) Hope; to the Com- dian tribes. dian Gaming Regulatory Act of 1988. mittee on Veterans’ Affairs. S8202 CONGRESSIONAL RECORD — SENATE July 28, 1997 LEGISLATION TO CONFER STATUS AS AN HONOR- zations. But Bob Hope cannot say that S. 173 ARY VETERAN OF THE U.S. ARMED FORCES TO he is a veteran—in my mind, one of the At the request of Mr. DEWINE, the LESLIE TOWNES (BOB) HOPE most honorable appellations one can name of the Senator from Florida [Mr. Mr. SPECTER. Mr. President, it is carry. This legislation will remedy GRAHAM] was added as a cosponsor of S. with a particular sense of privilege that. 173, a bill to expedite State reviews of that I introduce legislation today to I ask that all of my colleagues join criminal records of applicants for pri- confer the status of honorary veteran me in supporting legislation to des- vate security officer employment, and of the U.S. Armed Forces to Leslie ignate Bob Hope an honorary veteran. for other purposes. Townes (Bob) Hope. If any person in And I thank the former Commandant S. 621 this country merits such an unprece- of the U.S. Marine Corps and the cur- At the request of Mr. D’AMATO, the dented honor—and Mr. President, it is rent president of the USO, Gen. Carl name of the Senator from Idaho [Mr. my understanding that no person has Mundy, for spearheading this effort. CRAIG] was added as a cosponsor of S. ever before been conferred the status of Mr. President, I ask unanimous con- 621, a bill to repeal the Public Utility honorary veteran—surely, it is Bob sent that the text of the joint resolu- Holding Company Act of 1935, to enact Hope. tion be printed in the RECORD. the Public Utility Holding Company Bob Hope’s contributions to this Na- There being no objection, the joint Act of 1997, and for other purposes. tion—and, particularly, to its soldiers, resolution was ordered to be printed in S. 623 sailors, marines, and airmen—are well the RECORD, as follows: At the request of Mr. INOUYE, the known to all of our citizens. Less well S.J. RES. 36 name of the Senator from Washington known to many is the fact that Bob Whereas the United States has never be- Hope is a naturalized U.S. citizen, hav- fore conferred status as an honorary veteran [Mrs. MURRAY] was added as a cospon- ing emigrated to this country from of the United States Armed Forces on an in- sor of S. 623, a bill to amend title 38, England when Bob was just a boy. I am dividual, and such status is and should re- United States Code, to deem certain the son of a naturalized American—an main an extraordinary honor not lightly service in the organized military forces immigrant who walked across Europe conferred nor frequently granted; of the Government of the Common- Whereas the lifetime of accomplishments wealth of the Philipines and the Phil- with barely a ruble in his pocket so and service of Leslie Townes (Bob) Hope on that he could make his way to this ippine Scouts to have been active serv- behalf of United States military ice for purposes of benefits under pro- country. So I know first hand that a servicemembers fully justifies the conferring person of humble origins can scale the of such status; grams administered by the Secretary heights of this country. Few, though, Whereas Leslie Townes (Bob) Hope is him- of Veterans Affairs. have scaled the heights that Bob Hope self not a veteran, having attempted to en- S. 648 has scaled. list in the Armed Forces to serve his country At the request of Mr. GORTON, the When I say Bob Hope has scaled the during World War II, but being informed that name of the Senator from Rhode Island the greatest service he could provide the Na- heights, I am not referring to his suc- tion was as a civilian entertainer for the [Mr. CHAFEE] was added as a cosponsor cess as an actor, a comedian, or busi- troops; of S. 648, a bill to establish legal stand- nessman—though his success in all Whereas during World War II, the Korean ards and procedures for product liabil- three areas has been considerable. Conflict, the Vietnam War, and the Persian ity litigation, and for other purposes. When I say Bob Hope has scaled the Gulf War and throughout the Cold War, Bob S. 763 Hope traveled to visit and entertain millions heights, I am thinking of his place in At the request of Mr. HELMS, the of United States servicemembers in numer- the hearts of his adopted countrymen. name of the Senator from South Caro- Who in this country is more beloved ous countries, on ships at sea, and in combat zones ashore; lina [Mr. THURMOND] was added as a co- by a broader spectrum of his fellow Whereas Bob Hope has been awarded the sponsor of S. 763, a bill to amend the citizens than Bob Hope—people of all Congressional Gold Medal, the Presidential Gun-Free Schools Act of 1994 to require ages, races, religions, and beliefs? Per- Medal of Freedom, the Distinguished Service a local educational agency that re- haps, none more than Bob Hope. For Medal of each of the branches of the Armed ceives funds under the Elementary and the past 50 years, this country’s fight- Forces, and more than 100 citations and Secondary Education Act of 1965 to awards from national veterans service orga- ing men and women could count on Bob expel a student determined to be in Hope to lift their spirits and morale nizations and civic and humanitarian organi- zations; and possession of an illegal drug, or illegal when they faced the prospect of mak- Whereas Bob Hope has given unselfishly of drug paraphernalia, on school property, ing the ultimate sacrifice. In World his time for over a half century to be with in addition to expelling a student de- War II, in Korea, in Vietnam and, most United States servicemembers on foreign termined to be in possession of a gun. recently, in the Persian Gulf, Bob Hope shores, working tirelessly to bring a spirit of S. 766 and his troupe were there to entertain humor and cheer to millions of At the request of Ms. SNOWE, the the troops. More importantly, they servicemembers during their loneliest mo- names of the Senator from Connecticut were there to remind our fighting men ments, and thereby extending for the Amer- [Mr. LIEBERMAN] and the Senator from and women that they were not forgot- ican people a touch of home away from home: Now, therefore, be it Hawaii [Mr. INOUYE] were added as co- ten, that their suffering was appre- Resolved by the Senate and House of Rep- sponsors of S. 766, a bill to require eq- ciated. Bob Hope was always with the resentatives of the United States of America in uitable coverage of prescription con- troops—especially during the holi- Congress assembled, That Congress— traceptive drugs and devices, and con- days—enduring hardship, and often sig- (1) extends its gratitude, on behalf of the traceptive services under health plans. nificant physical danger, so that he American people, to Leslie Townes (Bob) might encourage those facing greater Hope for his lifetime of accomplishments and S. 830 hardship and danger. Three generations service on behalf of United States military At the request of Mr. JEFFORDS, the servicemembers; and name of the Senator from Florida [Mr. of veterans will never forget how much (2) confers upon Leslie Townes (Bob) Hope MACK] was added as a cosponsor of S. he cared. the status of an honorary veteran of the Those three generations of veterans United States Armed Forces. 830, a bill to amend the Federal Food, wonder how they might properly recog- f Drug, and Cosmetic Act and the Public nize Bob Hope. He is already a recipi- Health Service Act to improve the reg- ent of the Nation’s highest civilian ADDITIONAL COSPONSORS ulation of food, drugs, devices, and bio- decorations, the Congressional Gold S. 61 logical products, and for other pur- Medal and the Presidential Medal of At the request of Mr. TORRICELLI, his poses. Freedom. President Carter hosted a name was added as a cosponsor of S. 61, S. 831 White House reception in honor of his a bill to amend title 46, United States At the request of Mr. SHELBY, the 75th birthday. President Clinton be- Code, to extend eligibility for veterans’ name of the Senator from Wyoming stowed upon him the Medal of the Arts. burial benefits, funeral benefits, and [Mr. THOMAS] was added as a cosponsor He has received more than 50 honorary related benefits for veterans of certain of S. 831, a bill to amend chapter 8 of doctorates, and innumerable awards service in the United States merchant title 5, United States Code, to provide from civic, social, and veterans organi- marine during World War II. for congressional review of any rule July 28, 1997 CONGRESSIONAL RECORD — SENATE S8203 promulgated by the Internal Revenue Whereas members of the Jewish War Veter- AMENDMENTS SUBMITTED Service that increases Federal revenue, ans of the United States of America have and for other purposes. volunteered over 10,000,000 hours at veterans’ hospitals; and THE DEPARTMENT OF TRANSPOR- S. 859 Whereas honoring the sacrifices of Jewish TATION AND RELATED AGEN- At the request of Mr. KYL, the names veterans is an important component of rec- CIES APPROPRIATIONS ACT, 1998 of the Senator from Minnesota [Mr. ognizing the strong and patriotic role Jews GRAMS] and the Senator from Alabama have played in the United States Armed [Mr. SHELBY] were added as cosponsors Forces: Now, therefore, be it D’AMATO (AND MOYNIHAN) of S. 859, a bill to repeal the increase in Resolved by the Senate (the House of Rep- AMENDMENT NO. 1022 tax on social security benefits. resentatives concurring), That it is the sense Mr. SHELBY (for Mr. D’AMATO, for S. 932 of the Congress that— himself and Mr. MOYNIHAN) proposed an At the request of Mr. GRAMM, the (1) a postage stamp should be issued to amendment to the bill, S. 1048, making name of the Senator from Georgia [Mr. honor the 100th anniversary of the Jewish appropriations for the Department of COVERDELL] was added as a cosponsor War Veterans of the United States of Amer- Transportation and related agencies ica; and of S. 932, a bill to amend the National for the fiscal year ending September 30, Agricultural Research, Extension, and (2) the Citizens’ Stamp Advisory Commit- 1998, and for other purposes; as follows: Teaching Policy Act of 1977 to require tee of the United States Postal Service the Secretary of Agriculture to estab- should recommend to the Postmaster Gen- At the appropriate place in the bill, insert eral that such a postage stamp be issued. the following: lish a National Advisory and Imple- Out of the funds made available under this mentation Board on Imported Fire Ant Mr. LAUTENBERG. Mr. President, Act to the New York Metropolitan Transpor- Control, Management, and Eradication today I am submitting legislation ex- tation Authority through the Federal Tran- and, in conjunction with the Board, to pressing the sense of Congress that the sit Administration, the New York Metropoli- provide grants for research or dem- Postal Service should issue a postage tan Transportation Authority shall perform onstration projects related to the con- stamp should be issued to commemo- a study to ascertain the costs and benefits of instituting an integrated fare system for trol, management, and possible eradi- rate the 100th anniversary of the Jew- cation of imported fire ants, and for commuters who use both the Metro North ish War Veterans of the United States Railroad or the Long Island Rail Road and other purposes. of America. I am pleased to be joined New York City subway or bus systems. This S. 1056 by my distinguished colleague from study shall examine creative proposals for At the request of Mr. BURNS, the Pennsylvania and chairman of the improving the flow of passengers between names of the Senator from Iowa [Mr. Committee on Veterans’ Affairs, Sen- city transit systems and commuter rail sys- GRASSLEY] and the Senator from Mis- ator SPECTER. tems, including free transfers, discounts, congestion-pricing and other positive induce- sissippi [Mr. COCHRAN] were added as The Jewish War Veterans of the cosponsors of S. 1056, a bill to provide ments. The study also must include esti- United States was founded in 1896, mates of potential benefits to the environ- for farm-related exemptions from cer- earning it the distinction of being the ment, to energy conservation and to revenue tain hazardous materials transporation oldest veterans organization in the enhancement through increased commuter requirements. United States. The goal of its founders rail and transit ridership, as well as other S. 1067 was to counter criticism in some of the tangible benefits. A report describing the re- sults of this study shall be submitted to the At the request of Mr. KERRY, the major national publications of the day name of the Senator from Oregon [Mr. Senate Appropriations Committee within 45 that suggested that Jewish Americans days of enactment of this Act. WYDEN] was added as a cosponsor of S. were unpatriotic and had not served in 1067, a bill to prohibit United States the Civil War. Not only did many Jews SMITH OF NEW HAMPSHIRE military assistance and arms transfers serve with distinction in the Civil War, AMENDMENT NO. 1023 to foreign governments that are un- but thousands have honorably served democratic, do not adequately protect their country in subsequent military (Ordered to lie on the table.) Mr. SMITH of New Hampshire sub- human rights, are engaged in acts of conflicts. More than 250,000 Jews served mitted an amendment intended to be armed aggression, or are not fully par- in World War I. During World War II, proposed by him to the bill, S. 1048, ticipating in the United Nations Reg- approximately 11,000 Jews were killed supra; as follows: ister of Conventional Arms. and 40,000 were wounded. f On page 51, after line 25, add the following: Today, the Jewish War Veterans or- SEC. 3 . FEDERAL VEHICLE WEIGHT LIMITA- SENATE CONCURRENT RESOLU- ganization continues its mission of TIONS. TION 44—RELATIVE TO A POST- fighting anti-Semitism, promoting re- No funds made available under this Act AGE STAMP ligious tolerance and defending the shall be used to levy penalties on the States first amendment. Moreover, through of New Hampshire and Maine based on non- Mr. LAUTENBERG (for himself and compliance with Federal vehicle weight limi- Mr. SPECTER) submitted the following its National Museum of American Jew- ish Military History and other activi- tations under section 127 of title 23, United concurrent resolution; which was re- States Code, prior to the date of enactment ferred to the Committee on Govern- ties, it educates the public about the of an Act extending funding for programs es- mental Affairs: contributions Jews have made to the tablished under that title. defense of our Nation. The organization S. CON. RES. 44 f also serves a vital role of advocating on Whereas the Jewish War Veterans of the NOTICES OF HEARINGS United States of America, an organization of behalf of adequate treatment of all war patriotic Americans dedicated to highlight- veterans. COMMITTEE ON LABOR AND HUMAN RESOURCES ing the role of Jews in the United States My legislation is identical to legisla- Mr. JEFFORDS. Mr. President, I Armed Forces, celebrated 100 years of patri- tion submitted to the 103d Congress. would like to announce for information otic service to the Nation on March 15, 1996; Senate Concurrent Resolution 60, of the Senate and the public that a Whereas thousands of Jews have proudly hearing of the Senate Committee on served the Nation in times of war; which I was proud to cosponsor along Whereas thousands of Jews have died in with 62 of my colleagues. This legisla- Labor and Human Resources will be combat while serving in the United States tion overwhelmingly passed the Senate held on Tuesday, July 29, 1997, 9:30 Armed Forces; on August 11, 1994. Unfortunately, de- a.m., in SD–430 of the Senate Dirksen Whereas, in World War II alone, Jews re- spite the Senate’s wishes, the Postal Building. The subject of the hearing is ceived more than 52,000 awards for outstand- Service has refused to issue a com- improving educational opportunities ing service in the United States Armed memorative stamp honoring this wor- for low-income children. For further Forces, including the Medal of Honor, the thy organization. Thus, I believe that information, please call the commit- Air Medal, the Silver Star, and the Purple tee, 202/224–5375. Heart; it is time to reaffirm the Senate’s posi- Whereas, in World War II alone, over 11,000 tion of this important matter. I urge COMMITTEE ON RULES AND ADMINISTRATION Jews died in combat while serving in the my colleagues to join in cosponsoring Mr. WARNER. Mr. President, I wish United States Armed Forces; this legislation. to announce that the Committee on S8204 CONGRESSIONAL RECORD — SENATE July 28, 1997 Rules and Administration will meet in at 2 P.M. to hold a hearing in room 226, name has been synonymous with its de- SR–301, Russell Senate Office Building, Senate Dirksen Building, on: ‘‘S. 474, velopment. She initiated the local ca- on Wednesday, July 30 and Thursday, the Internet Gambling Prohibition pacity building concept that involved July 31, 1997 at 2:30 p.m. each day to Act.’’ efforts for staff development and the hold a business meeting on the status The PRESIDING OFFICER. Without bilingual/bicultural education which of the investigation into the contested objection, it is so ordered. consolidated the best in both Samoan Senate election in Louisiana. f and Western curricula. Her local capac- For further information concerning ity building grew out of the need to up- ADDITIONAL STATEMENTS this hearing, please contact Bruce grade the total teaching force in Amer- Kasold of the Rules Committee staff at ican Samoa which was nearly 90 per- 224–3448. TRIBUTE TO THE LATE SEUVA’AI cent Samoan. She once said, that, COMMITTEE ON AGRICULTURE, NUTRITION, AND MERE TUIASOSOPO-BETHAM . . . for every child to be able to learn FORESTRY well, he must be taught well . . . our people Mr. INOUYE. Mr. President, it was a Mr. LUGAR. Mr. President, I would ∑ are our greatest and only valuable natural sad day in our Nation’s history, and like to announce that the Senate Com- resource, it is imperative that we invest more significantly, to its southernmost mittee on Agriculture, Nutrition, and heavily in their development at all levels. In territory in the South Pacific, the is- doing so, we invest in our country’s future Forestry will hold a full committee lands of Tutuila and Manu’a known stability, growth, health and security. hearing on Thursday, September 4, also as American Samoa, when a grand 1997, at 9 a.m., in SR–328A. The purpose Inherent in Mere’s insistence on local lady, a woman of great courage, a long- of this hearing is to examine rural and capacity building was her conviction time educator, passed away peacefully agricultural credit issues. that the only way citizens in a develop- in Honolulu, HI, on June 13, 1997. She ing country like Samoa can ensure f was the late Hon. Seuva’ai Mere their survival amidst the influxes of AUTHORITY FOR COMMITTEES TO Tuiasosopo-Betham, former associate the Western world, was to remain the MEET judge of the high court of American masters of their land and development, COMMITTEE ON GOVERNMENTAL AFFAIRS Samoa and former director of the and continue to reaffirm confidence in Mr. COVERDELL. Mr. President, I American Samoa Department of Edu- their ability to determine their own ask unanimous consent on behalf of the cation. She was 65 years of age. destiny. It is also the mechanism, she ‘‘Mere’’ as she was popularly known, Governmental Affairs Committee Spe- believed, the Samoan culture and was born to the late High Chief Orator cial Investigation to meet on Monday, American democracy could merge ena- Mariota Tiumalu Tuiasosopo I of Vatia July 28, at 2 p.m. for a nomination bling Samoans to continue to live in who was one of the signatories of the hearing on George Omas to be Commis- peace and harmony. Deed of Cession between the islands of sioner, Postal Rate Commission, and Mere’s conceptualization, develop- Tutuila and Manu’a and the United Janice Lachance, to be Deputy Direc- ment, and materialization of the bilin- States of America in 1900. Her mother tor, Office of Personnel Management. gual/bicultural educational system of The PRESIDING OFFICER. Without was the late Venise Pulefa’asisina- American Samoa was an innovative ap- objection, it is so ordered. Tuiasosopo of the village of Amanave. proach to reconcile the fervent desire During the islands’ naval administra- of Samoans to maintain their identity COMMITTEE ON GOVERNMENTAL AFFAIRS tion in 1950, Mere graduated as the as a cultural entity while educating Mr. COVERDELL. Mr. President, I only female out of 16 students in the their people to meet the demands of ask unanimous consent on behalf of the first graduating class of the Amerika the Western world. She held this no- Governmental Affairs Committee Spe- Samoa High School. High Chief Orator tion for nearly 40 years and firmly in- cial Investigation to meet on Monday, Tuiasosopo, a staunch educator and an grained it in all of her students, many July 28, at 4:30 p.m. for a closed hear- influential person in Mere’s life, who of whom attest to the immense influ- ing on campaign finance related mat- firmly believed in the vast opportuni- ence this great Samoan lady has had in ters. ties offered by the new mother coun- their lives. The PRESIDING OFFICER. Without try, encouraged his daughter to study Mrs. Betham received numerous objection, it is so ordered. abroad. She attended Geneva College in awards as a leading educator in the Pa- SPECIAL COMMITTEE ON AGING Pennsylvania and experienced the les- cific. She received the Samoan Educa- Mr. COVERDELL. Mr. President, I sons of life to persevere and be dis- tor of the Year award presented to her ask unanimous consent that the Spe- ciplined while thousands of miles away by former U.S. Secretary of Education, cial Committee on Aging be permitted from her home in the South Pacific. Dr. Terrell H. Bell. He thanked her for to meet on July 28, 1997 at 1 p.m. for After becoming one of the first her efforts to improve educational op- the purpose of a hearing. Samoans ever to successfully complete portunities in the Pacific Basin saying, The PRESIDING OFFICER. Without college in 1954 and earning her teaching ‘‘Progress in education (reform) de- objection, it is so ordered. credentials, Mere returned to Samoa pends most of all on the activities of SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, upon her parents wishes and delved leaders in each of our states and terri- AND GOVERNMENT INFORMATION into education, becoming one of the tories, and your example to the people Mr. COVERDELL. The Subcommit- first teachers in the American Samoan of American Samoa has been tee on Technology, Terrorism, and educational system. Over four decades, bright * * *’’ Government Information, of the Senate Mere dedicated her life to the teaching In 1991, Mere was appointed to the Committee on the Judiciary, will hold of Samoan students. She began as a all-male high court of American Samoa a hearing on Monday, July 28, 1997, at classroom teacher, then an adviser, a which included seven Samoan associate 9:30 a.m. in room 226 of the Senate vice principal, a principal, and eventu- judges who dealt mainly with land and Dirksen Office Building, on ‘‘The At- ally rose to the prestigious position of ‘‘matai’’ [chieftain] title laws. Her wis- lanta Olympics Bombing and the FBI assistant director of the Department of dom and knowledge of the ‘‘fa’a- Interrogation of Richard Jewell.’’ Education at a time when very few Samoa’’ [Samoan culture] was fiercely The PRESIDING OFFICER. Without Samoans held administrative positions sought by many of the territory’s lead- objection, it is so ordered. in government and the territory’s chief ers to help preserve the integrity and SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, executive was still appointed by the uniqueness of their Samoan heritage at AND GOVERNMENT INFORMATION Secretary of Interior. In 1978, when the same time dispensing American Mr. COVERDELL. Mr. President, I American Samoa elected its first Sa- justice. As part of the criteria of being ask unanimous consent that the Sub- moan Governor, Mere was appointed as an associate judge, Mere was initiated committee on Technology, Terrorism, the first Samoan female to hold a cabi- into her village’s ‘‘Nu’u o Ali’i,’’ the and Government Information, of the net office serving as director of the council of chiefs, traditionally all-male Senate Committee on the Judiciary, be Education Department. in most Samoan villages. She was be- authorized to meet during the session Since the inception of formal edu- stowed the Talking Chief title of the Senate on Monday, July 28, 1997, cation in American Samoa, Mere’s ‘‘Seuva’ai,’’ descriptive of one surging July 28, 1997 CONGRESSIONAL RECORD — SENATE S8205 forward with determination but cog- sential mission of validating the safety tained and strengthened in the legisla- nizant of her native surroundings and and effectiveness of new drugs and tion and managers amendment we ex- what the benefits will be to everyone. medical devices, while encouraging in- pect to have before us this week. Mere epitomized the true legacy of novation and the commercialization of These include: It streamlines ap- an educator, who throughout her life- new, life-saving therapies. proval systems for biotechnology prod- time set precedents for Samoan people This bill is the result of much debate, uct manufacturing; it allows approval and especially for Pacific island and tremendous consensus building of important, new breakthrough drugs women, teaching by example. As her is- over the last two Congresses. I’m proud on the basis of a single, clinically valid land home developed under the guid- to have played some part in this as a trial; it creates a collaborative mecha- ance of the United States of America Member of both the House and the Sen- nism allowing applicants to confer con- for almost a century now, she never ate, having introduced more than 2 structively with the FDA at critical forgot her role as an educated Samoan years ago H.R. 1472, the FDA Mod- points in the approval process; it sets to maintain her indigenous culture. ernization Act of 1995, which contains reasonable but strict timeframes for Judge Betham is survived by her hus- several of the key ingredients of the approval decisionmaking; it reduces band of over 40 years, James ‘‘Rusty’’ legislation before us today. the paperwork and reporting burden M. Betham, five of her six children, From the time we get up in the now facing manufacturers when they five grandchildren, her 83-year-old morning until the time we go to bed at make minor changes in their manufac- mother-in-law, a number of brothers night, we live, work, eat, and drink in turing process; it establishes provisions and sisters, and a large extended fam- a world of products affected by FDA de- for allowing third-party review of ap- ily in her native Samoa and the world cisionmaking. plications at the discretion of the Sec- over. She will be missed by all those Perhaps no other Federal agency has retary; and it allows manufacturers to who knew and loved her.∑ such a broad impact in the daily lives distribute scientifically valid informa- f of average Americans. tion on uses for approved drugs and de- vices which may not yet be certified by THOMAS BROS. GRASS, LTD. Food handling and commercial prep- aration often occurs under the agency’s the FDA. ∑ Mr. FRIST. Mr. President, I rise scrutiny. Over-the-counter drugs and I am especially pleased that Senators today to commend Thomas Bros. nutritional supplements, from vita- MACK, FRIST, DODD, BOXER, KENNEDY, Grass, Ltd., being named Entrepreneur mins to aspirin, also are certified by and I could offer the provisions of this of the Year by the Dallas Business the agency. legislation relating to the dissemina- Journal. Thomas Bros. began in the Life-saving drugs for treatment of tion of information on off-label uses of 1970’s, with 10 acres of undeveloped cancer, autoimmune deficiency, and approved products. land and a dream. E.A. Thomas and his other dread diseases are held to its rig- This provision will allow manufac- four sons Ike, Mark, Mike, and Emory, orous approval standards. turers to distribute scientifically and took those 10 acres and started a small Medical devices ranging from the clinically valid information on such business with the desire to produce a simple to the complex, from tongue de- uses following a review by the FDA, in- wide variety of quality sod for golf pressors to computerized diagnostic cluding a decision by the agency which courses, athletic fields, and residential equipment, must meet FDA quality may require additional balancing ma- properties. Over the years, that small standards. terial be added to the packet. sod farm has blossomed into a success- Here’s why that’s important: Manu- These products overseen by the FDA ful 2,000-acre family-owned business, facturers with an approved drug for are woven deeply into the fabric of our with sod operations in three States. ovarian cancer may have important, daily lives, and the agency’s twin mis- While their headquarters are located but not yet conclusive information sions of certifying their safety and ef- in Texas, Thomas Bros. has two sod from new trials that their drug also fectiveness is supported by the vast farms in my home State of Tennessee. may reduce brain or breast cancers. The farms in Taft and Nashville have majority of Americans. Yet, balancing those missions That data, while perhaps not yet of a not only strengthened the economies of grade to meet supplemental labeling these communities, they have brought against the time and expense required by manufacturers to navigate the FDA approval, may be important for an end- with them the Thomas family spirit of stage breast cancer patient whose doc- teamwork and community well-being. approval system has been difficult and controversial. In the last Congress, tor has exhausted all other treatments. Not only are they well established as That doctor, and her patient, has the radical transformation of the agency, experts in sod production and installa- absolute right to that information. tion, they have achieved a reputation even ending the agency as we know it This legislation will save lives, not for quality and efficient service. That and replacing it with a panel of pri- sacrifice them. reputation makes them standouts in vate-sector, expert entrepreneurs, be- It will mean that more doctors and their field, and has earned the family came a goal of some. their patients will have meaningful ac- work in major arenas throughout the At the very least, reforming the FDA cess to life-saving information about country, like the Cotton Bowl in Dallas at the beginning of the 104th Congress drugs that treat dread diseases like and the Kansas City Chiefs football looked to be an exercise fraught with AIDS and cancer. club. partisan political turmoil, and destined It will mean that biologic products Mr. President, Thomas Bros.’ team for gridlock. will have a swifter passage through an approach and home grown commitment But while there was focus on the ex- approval process which no longer will to customer satisfaction has certainly treme ends of the argument, those require unnecessarily difficult demands benefited the State of Tennessee and is folks arguing for no changes against with regard to the size of a start-up worthy of this recognition as Entre- members demanding wholesale dis- manufacturing process. preneur of the Year. I congratulate memberment of the agency, a broader, It will mean that break-through them and wish them continued success bipartisan middle developed. drugs which offer relief from, or curses in future endeavors.∑ And with the help of Vice President’s of deadly disease for which there is no f GORE’s Reinventing Government Pro- approved therapy will get into the mar- gram, Members of Congress from both ketplace earlier, on the basis of a spe- REAUTHORIZING THE PRESCRIP- political parties developed practical, cial expedited approval system. TION DRUG USER FEE PROGRAM bipartisan solutions to the critical But legislation, indeed laws, are only AND CERTAIN FOOD AND DRUG process and management problems in words on paper. ADMINISTRATION REFORMS the FDA approval process. Mr. President, we must also have a ∑ Mr. WYDEN. Mr. President, I strong- I sought to mobilize this bipartisan new FDA Commissioner who is as com- ly urge my colleagues to support S. 830, movement with H.R. 1472 introduced in mitted to these changes as former the FDA Modernization and Account- June 1995. Some in my own party Commissioner David Kessler was com- ability Act. thought I had gone to far, too fast, But mitted to the war on teenage smoking. This bill deserves support for one pri- I am gratified that many of the ele- The pharmaceutical industry is a ro- mary reason. It preserves the FDA’s es- ments of that legislation have been re- bust, risk-taking, technology-driven S8206 CONGRESSIONAL RECORD — SENATE July 28, 1997 business. But by measure of total U.S. ORDERS FOR TUESDAY, JULY 29, WELLSTONE will be recognized to de- employment growth in this industry is 1997 bate these two amendments to the bill. stalling out. While sales by U.S.-based Mr. SHELBY. Mr. President, I ask Also, as under the previous order, at concerns continue to increase, more of unanimous consent that when the Sen- 2:15 p.m., following the weekly policy the industry’s manufacturing—its ate completes its business today, it luncheons, the Senate will proceed to a jobs—is migrating overseas. Part of the stand in adjournment until the hour of series of votes on the remaining reason is rising domestic development 10 a.m. on Tuesday, July 29. amendments in order to S. 1022, the costs. According to Tufts University, The PRESIDING OFFICER. Without State, Justice, Commerce appropria- the average development time for a objection, it is so ordered. tions bill, including final passage. new drug is now up to 7 years. And the Mr. SHELBY. I further ask that on Also, by previous consent, following cost of such developments now figures Tuesday, immediately following the those votes at 2:15 p.m., the Senate will out at something close to $360 million prayer, the routine requests through resume the Transportation appropria- per product. We shouldn’t kid ourselves the morning hour be granted and the tions bill. Therefore, additional votes about who foots the bill for these high Senate immediately proceed to a pe- could occur. development and approval costs—it’s riod for the transaction of morning f the consumer, and it comes via the ex- business until the hour of 11:30 a.m. traordinary high prices we pay on with Senators permitted to speak for drugs which can spell the literal dif- up to 5 minutes, with the following ex- ADJOURNMENT UNTIL 10 A.M. ference between life and death. OTT or his designee, TOMORROW S. 830 significantly reforms that re- ceptions: Senator L gime, recognizing that we all—govern- 45 minutes; Senator DASCHLE or his Mr. SHELBY. If there is no further ment, industry, and consumers—have a designee, 45 minutes. business to come before the Senate, I real stake in cutting the explosive The PRESIDING OFFICER. Without now ask unanimous consent that the costs of bringing new medical products objection, it is so ordered. Senate stand in adjournment under the to the marketplace, and in making Mr. SHELBY. Mr. President, I also previous order. available break-through, life-saving ask unanimous consent that at 11:30 There being no objection, the Senate, therapies more quickly, and at a lower a.m. the Senate resume consideration at 7:01 p.m., adjourned until Tuesday, price. of S. 1022, the Commerce, Justice, July 29, 1997, at 10 a.m. Along with these important reforms, State appropriations bill, with Senator S. 380 also reauthorizes for 5 years the WELLSTONE being recognized as per- f Prescription Drug User Fee Act, a very mitted under the order. successful program that has helped The PRESIDING OFFICER. Without NOMINATIONS objection, it is so ordered. swiftly approve scores of new life-sav- Executive nominations received by Mr. SHELBY. I further ask unani- ing therapies. the Senate July 28, 1997: Let me also point out that while this mous consent that from 12:30 p.m. to DEPARTMENT OF ENERGY bill makes substantial and far-reaching 2:15 p.m. the Senate recess for the weekly policy luncheons to meet. JOHN C. ANGELL, OF MARYLAND, TO BE AN ASSISTANT improvements, it distinctly moderates SECRETARY OF ENERGY (CONGRESSIONAL AND INTER- last year’s reform effort. The PRESIDING OFFICER. Without GOVERNMENTAL AFFAIRS), VICE DERRICK L. So-called hammers that would have objection, it is so ordered. FORRISTER, RESIGNED. caused the agency to lose jurisdiction Mr. SHELBY. I ask unanimous con- DEPARTMENT OF EDUCATION over the approval process if tight deci- sent that the votes relative to S. 1022 MARSHALL S. SMITH, OF CALIFORNIA, TO BE DEPUTY sion-making deadlines were not met scheduled to begin at 9:30 a.m. now SECRETARY OF EDUCATION, VICE MADELEINE KUNIN. have been eliminated. begin at 2:15 p.m. f Also missing is last year’s provision The PRESIDING OFFICER. Without requiring the agency to approve prod- objection, it is so ordered. WITHDRAWAL ucts previously approved in Europe. f My colleagues should understand Executive message transmitted by that this bill is the result of efforts to PROGRAM the President to the Senate on July 28, reach a true common ground on many Mr. SHELBY. For the information of 1997, withdrawing from further Senate tough issues. Many more issues were all Senators, tomorrow the Senate will consideration the following nomina- gray, than they were black or white. be in a period of morning business until tion: Extremists on neither side of the de- the hour of 11:30 a.m. By previous NATIONAL INSTITUTE OF BUILDING SCIENCES order, at 11:30 a.m., the Senate will re- bate can claim an advantage, or a vic- NIRANJAN S. SHAH, OF ILLINOIS, TO BE A MEMBER OF tory. sume consideration of S. 1022, the Com- THE BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE The real victory, I believe, will be re- merce, Justice, State appropriations OF BUILDING SCIENCES FOR A TERM EXPIRING SEPTEM- BER 7, 1998, VICE JOHN H. MILLER, TERM EXPIRED, WHICH alized by the American consumer.∑ bill. Under the order, Senator WAS SENT TO THE SENATE ON JANUARY 9, 1997. July 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1535 EXTENSIONS OF REMARKS

PERSONAL EXPLANATION The spotlight on enlargement now shifts to tional. NATO decisions require unanimity, parliaments and public opinion. So far, the and so far the Alliance has been able to func- U.S. debate on NATO enlargement has been tion well on the basis of consensus. It is an HON. MICHAEL P. FORBES a narrow one, attracting little interest out- open question whether this round, or future OF NEW YORK side of ethnic communities. The President’s rounds of enlargement, will affect the cohe- IN THE HOUSE OF REPRESENTATIVES task now is to persuade the American people sion and integrity of the Alliance and its de- that it is in our national interest to defend cision-making process. Monday, July 28, 1997 the countries of Central Europe. CONCLUSIONS From my perspective, there are five major Mr. FORBES. Mr. Speaker, on Thursday, NATO enlargement is going to happen. I questions about NATO enlargement—com- July 17, 1997, I appreciated being granted an still have many questions about it, and we mitments, costs, relations with Russia, what excused absence due to a serious illness in have not had sufficient debate or consider- happens to countries not invited to join, and ation of its impact. Yet the risks of proceed- my family. Due to that absence, I missed sev- the impact of enlargement on the Alliance ing with NATO enlargement are less than eral rollcall votes. itself. Had I not been unavoidably absent on June Commitments.—Twice in this century Eu- the risk of not going forward. Sixteen gov- 11, I would have voted in the following manner rope exploded into world wars because of ernments cannot take a decision of this mag- events in Central Europe. The United States nitude and then reverse course. The alter- pertaining to H.R. 2160, the Agriculture Appro- native to expansion—freezing NATO in its priations Act: ``Aye'' on rollcall vote No. 285, a intervened in 1917 and 1941 to protect its vital interests on the European continent, cold war membership—also carries risks of motion for the Committee to rise; ``no'' on roll- irrelevance or even dissolution. call vote No. 284, a motion for the Committee and formed NATO in 1949 to protect western Europe against the Soviet threat. The ques- NATO enlargement can increase the secu- to rise; ``no'' on rollcall vote No. 283, a motion tion now is whether countries in Central Eu- rity of all of Europe, and decrease the for the Committee to rise; ``aye'' on rollcall rope should have the same security guaran- chances of future wars. NATO enlargement vote No. 282, a motion to table the motion to tee as current NATO members. This guaran- certainly will assure new democracies in reconsider the vote; ``aye'' on rollcall vote No. tee, which requires NATO allies to treat an Central Europe and reinforce their demo- cratic reforms. If done right, it can bring 281, a motion to resolve into Committee of the armed attack against one as an attack against all, would come at a time when U.S. Russia into a cooperative relationship with Whole House on the State of the Union. Europe. The President needs to answer ques- f troop levels in Europe have been cut from 300,000 to 100,000 in the past six years. The tions and address lingering doubts. If he ar- ticulates the case forcefully, the President NATO ENLARGEMENT threat to peace in Europe today is remote, but NATO enlargement means a pledge to in- can win the support of the American public— tervene in tomorrow’s unforeseen crises. The and the advice and consent of the Senate— HON. LEE H. HAMILTON bet is that the promise of sending NATO for NATO enlargement. OF INDIANA troops to defend countries in Central Europe f IN THE HOUSE OF REPRESENTATIVES will make it unnecessary to do so. Cost estimates of NATO enlargement vary A RESOLUTION TO PROMOTE THE Monday, July 28, 1997 widely, from $5 billion to $125 billion. The VIRTUES OF OUR NATION’S YOUTH Mr. HAMILTON. Mr. Speaker, I would like to Pentagon’s own estimate is $27 to $35 billion bring to my colleagues' attention my monthly spread over 13 years, with a U.S. share of up to $2 billion. There is reason for skepticism HON. BOB CLEMENT newsletter on foreign affairs from July 1997 about all cost estimates, because military OF TENNESSEE entitled ``NATO Enlargement.'' budgets across Europe have been declining. IN THE HOUSE OF REPRESENTATIVES I ask that this newsletter be printed in the The three countries invited to join NATO Monday, July 28, 1997 CONGRESSIONAL RECORD. spend a total of $4 billion annually on de- The newsletter follows: fense, or less than Belgium spends. Current Mr. CLEMENT. Mr. Speaker, I rise today to NATO members see little threat, and most NATO ENLARGEMENT join Representatives DUNCAN, ETHERIDGE, are under pressure to cut spending to meet At an early July summit in Madrid, Presi- HALL of Ohio, and WOLF in introducing House budget targets for European Monetary Concurrent Resolution 127. dent Clinton and leaders from the 16 member Union. If Europe won’t pay, the U.S. Con- states of the North Atlantic Treaty Organi- gress also will be reluctant to pay. More Traditionally, colleges and universities were zation (NATO) invited the Czech Republic, burdensharing disputes with Europe are like- founded on the premise of developing intellec- Hungary, and Poland to enter talks to join ly. tual minds and moral character. Today, col- the Alliance. The goal is to complete nego- Relations with Russia.—Opponents of a leges and universities continue to play a vital tiations in 1997 and treaty ratification by larger NATO stress that expansion will pro- role in these areas. Some of these institutions 1999, so that these three countries can join in vide hostile reaction from Russia, creating a have been applauded for their success in fos- time for NATO’s 50th anniversary. new line of division across Europe. Russia tering high moral values. However, we must A decision to forge a new system of inter- opposes enlargement, but has acquiesced in national security by enlarging NATO has its initial stages. It remains to be seen how not rest until all schools place proper focus on been long in coming—but came as no sur- enlargement will impact on key U.S. inter- character. prise. NATO established a program of co- ests in Russia’s ratification of the START II Parents should be the primary developers of operation with former Warsaw Pact coun- nuclear arms reduction treaty and the Chem- character in our Nation's children, but the role tries in 1994, the Partnership for Peace, and ical Weapons Convention, or the future of re- of education in character-building becomes in- President Clinton made clear at that time form in Russia. Much of the success of NATO creasingly important with every divorce, drug that the question was when—not if—NATO enlargement will depend on how the U.S. deal, juvenile crime, and teen-age pregnancy, would expand. NATO outlined a strategy for manages relations with Russia. which continue to undermine our Nation's enlargement in a 1995 report, and announced Those Not Invited To Join.—Twelve coun- in 1996 that invitations would be extended to tries emerging from communism applied to moral code. The fact is, most Americans sup- new members in 1997. Two months ago, join NATO, and only three got what they port the teaching of core values and basic Presidents Clinton and Yeltsin signed the wanted in Madrid. The challenge ahead for morals such as trustworthiness, respect for NATO-Russia Founding Act. This document NATO is to enhance military and political self and others, responsibility, fairness, com- spells out future relations between NATO cooperation with non-members. The Alliance passion, and citizenship. It is time for Con- and Russia, sets up a Joint Council for regu- has also made clear that the door is open to gress to encourage these activities in our Na- lar consultation, and seeks to ally Russia’s future members. No one knows how far tion's schools. concerns about enlargement. The Founding NATO enlargement will go, but the first I would like to thank the John Templeton Act paved the way for Madrid, where there wave will not be the last. The toughest ques- were some differences between the U.S. and tion here will be the Baltic States. Foundation for its leadership and efforts on its allies about those not invited to join Impact of Enlargement on the Alliance.— the subject of character-building in education NATO (Romania and Slovenia)—but no sus- There is a tension between keeping NATO’s across our Nation. The foundation has been a pense about the three invited. door open, and keeping the Alliance func- leading proponent of this issue since 1989,

∑ 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. E1536 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1997 when it began sponsoring the ``Honor Roll for A TRIBUTE TO CHARLES M. Above all, Mr. Speaker, Chuck Sprafka was Character-Building Colleges'' guide book. This SPRAFKA a dedicated and loving husband and father. As annual publication recognizes superior char- his lifelong friend Jon Boisclair put it, ``Chuck's acter-development in post-secondary institu- HON. JIM RAMSTAD family meant the world to him, and he loved tions. I am grateful for the foundation's voice OF MINNESOTA them dearly.'' Chuck will forever be missed by on this pressing issue. IN THE HOUSE OF REPRESENTATIVES his loving wife, Jeannie, and his children, Our children will shape our future. Society Monday, July 28, 1997 Collette, Rachelle, and Nicholas. must work to ensure that their moral founda- Mr. Speaker, Chuck Sprafka stood for all tion does not crumble. I call on all people who Mr. RAMSTAD. Mr. Speaker, I rise today to that's right with America, and his legacy will care about our future to promote the virtues of pay tribute to a stellar public servant who live on in the hearts and minds of all who passed away recently. our Nation's youth and support this resolution. were fortunate enough to know him. Charles M. Sprafka, a native of Detroit f Lakes, MN, and the associate Hennepin f County administrator for human resources, ENVIRONMENTAL SLEIGHT OF COMMENDING SHERWOOD KERKER died on June 24 following a long and coura- HAND IN REPUBLICANS’ BUDGET ON HIS UNIQUE CONTRIBUTIONS geous battle with pancreatic cancer. DEAL TO LABOR JOURNALISM Mr. Speaker, Chuck's career in public serv- ice was varied and characterized by the pur- suit of excellence in every way. The people of HON. GEORGE MILLER HON. JERRY F. COSTELLO my home county in Minnesota were well OF CALIFORNIA OF ILLINOIS served by his stewardship and great desire to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES help people in their time of need. Monday, July 28, 1997 President John F. Kennedy in his inaugural Monday, July 28, 1997 Mr. MILLER of California. Mr. Speaker, once address on January 20, 1961, just outside this again the Republican leadership of the Con- Mr. COSTELLO. Mr. Speaker, I rise today in Chamber, declared: ``Ask not what your coun- gress has demonstrated its very strong hos- recognition of Sherwood Kerker's retirement try can do for youÐask what you can do for tility to policies to promote a strong environ- from the St. Louis/Southern Illinois Labor Trib- your country.'' Chuck Sprafka did a great deal mental policy for this country. for his country, Mr. Speaker, and today I want une. I am sure that every Member of this House to celebrate a dedicated public servant's in- The editor of the Labor Tribune has re- remembers that when the budget agreement spiring commitment to his country and the ceived several awards from the International was signed by the congressional leadership Labor Communications Association for journal- people of Hennepin County he served so well. Chuck Sprafka was named Hennepin Coun- and President Clinton, it included at the Presi- istic excellence, and is acknowledged for 40 dent's insistence sufficient funding to acquire years of loyalty in serving the members and ty personnel director in 1984. In 1994, he was named associate county administrator for lands threatened with ruinous development families of the trade union movement through- that would present severe dangers to Califor- out the Greater St. Louis/Southern Illinois Re- human resources, which made him a member of the Hennepin County administration's exec- nia's ancient redwood forest and to our first gion. national park, Yellowstone. These develop- Publisher Edward M. Finkelstein and the utive team. Mr. Speaker, Chuck's record in public serv- ment plans could result in the cutting of some staff of the Labor Tribune will honor Sherwood of the most significant trees in North Amer- Kerker at a ``We Love You Sherwood'' retire- ice was exemplary. In 1995, he was named recipient of the Twin Cities Personnel Associa- icaÐone of the very last ancient standsÐand ment luncheon to be held in St. Louis, MO, on in the locating of a massive mine just up- August 28, 1997. I ask my colleagues to join tion's ``Award of Excellence.'' In May of this year, Hennepin County created an employee stream of Yellowstone Park. me in commending Sherwood Kerker's unique Now, we included in the budget agreement contributions to labor journalism. recognition award in his name. His fellow workers in Hennepin County sufficient moneys to acquire these lands, and then to provide additional acquisitions from the f called Chuck The Rock. That's because, whenever there was a great challenge to be Land and Water Conservation Fund. As you THE NEW MEXICO STATEHOOD overcome, everyone turned to Chuck. His pio- know, some $900 million each year comes AND ENABLING ACT OF 1997 neering efforts produced a program called into that fund from offshore oil and gas devel- Quality Partnership Initiatives, a new county opment on Federal lands, and that money by approach to improving the quality of service. law is to be used for land acquisition. Instead, HON. STEVEN SCHIFF Quality is the theme that comes first to mind the Congress has refused to appropriate suffi- OF NEW MEXICO when you summarize the career of Chuck cient funding to keep up with the need to pro- IN THE HOUSE OF REPRESENTATIVES Sprafka for he truly represented the best in tect our national resources, and a $12 billion Monday, July 28, 1997 public service. surplus has developed in the fund. Mr. Speaker, Chuck was also very active in The President thought he had struck a deal Mr. SCHIFF. Mr. Speaker, I would like to a numerous community and professional orga- with the Republican leadership to provide $65 thank my colleagues on both sides of the nizations, including the Industrial Relations million for the New World Mine lands, and an- aisle, as well as in the other body, for passage Center Advisory Council, Minnesota Chapter other $250 million for the Headwaters red- of S. 430 the New Mexico Statehood and Ena- of the International Personnel Management wood grove, and then an additional $295 mil- bling Act of 1997. Association, and the national and Minnesota lion for other long-awaited acquisitions. That This bill, introduced and supported by the Public Employer Labor Relations Associations. was an important part of the budget deal. And, entire New Mexico delegation, approves the He was also a member of the Human Re- frankly, I would have thought that a party changes made to the State constitution by the sources Executive Council. whose environmental reputation is as justifi- voters of New Mexico on November 6, 1996, Chuck was a great high school athlete at ably low as the Republican Party's would have which are specific to the New Mexico Land Detroit Lakes High School, one of the best honored its commitment and its promise. Grant Permanent FundÐestablished by the skaters in that school's history. He loved the But instead, the Republicans have reneged enabling act of 1910. outdoors, and was an avid sportsman. After on their agreement and, in the midst of the With these changes in place, New Mexico receiving a bachelor's degree in mathematics summer when tens of millions of Americans will be able to safeguard against the eroding and chemistry from Bemidji State University in are enjoying our parks and other public lands, effects of inflation to ensure that the fund will 1968, he had a successful career in the busi- the Republicans in Congress have repudiated be able to help us meet tomorrow's edu- ness world. He then returned to school and their commitment. The House bill provides no cational needs. earned a master's degree in industrial rela- funding for these high priority park purchases, This fund, which has grown to be the third tions from the University of Minnesota in 1972, and the Senate bill is hardly better, adding ad- largest educational endowment in the world, after which he went to work for Hennepin ditional, unnecessary bureaucratic steps that now comprises almost 14 percent of our State County, Minnesota's most populous county everyone knows will doom the funding. budget, and is a critical part of a better future and one of the largest employers in the state. I hope the public understands this Repub- for our children. So again, Mr. Speaker, I'd like During his tenure at the county, he did grad- lican sleight of hand that clarifies once again to take this opportunity to thank my colleagues uate work in public administration at Harvard that leadership's utter indifference to our na- for their support. University. tional parks and other public lands. And I July 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1537 would like to enter into the RECORD an edi- chobee southward to the Everglades and HONORING JEAN WILLIAMSON’S torial from today's New York Times that cor- Florida Bay. This is a vital part of the over- DEDICATION TO VOLUNTEER rectly challenges the Republicans in Congress all scheme and for that reason was specifi- NURSING cally promised in the budget agreement. To for their failure to keep their promises on envi- honor their word, Mr. Lott, Mr. Domenici ronmental protection. and their counterparts on the House side. HON. MICHAEL BILIRAKIS ENVIRONMENTAL PROMISES TO KEEP should make sure that these funds are re- OF FLORIDA As part of their budget agreement with stored. IN THE HOUSE OF REPRESENTATIVES The Republicans keep saying that they President Clinton last May, Republican lead- Monday, July 28, 1997 ers in Congress pledged to provide funds to want to spruce up their environmental cre- protect several particularly vulnerable dentials. Breaking pledges on matters of Mr. BILIRAKIS. Mr. Speaker, I rise today to pieces of the American landscape from fur- transcendent interest to environmentalists recognize a remarkable woman. Jean ther degradation. They would give Mr. Clin- is not the way to go about it. Williamson has been a nurse at the Clear- ton enough money to carry forward the larg- water Free Clinic in Clearwater, FL, for 5 est environmental rescue operation ever un- f years. The clinic provides critical health serv- dertaken—the restoration of Florida’s Ever- glades. They would also approve generous ices to many of my constituents in the ninth A TRIBUTE TO THE CITY OF congressional district who otherwise would be funds for Federal land acquisition that would HIGHLAND allow Mr. Clinton to purchase a potentially unable to afford them. In fact, the clinic was ruinous gold mining operation near Yellow- able to treat over 7,000 patients last year stone National Park and to acquire Califor- HON. JERRY LEWIS aloneÐand that number is expected to rise nia’s Headwaters Redwood Grove from a pri- this year. OF CALIFORNIA vate lumber company. In 1996, Jean earned the title ``Volunteer of So far, Congress has not lived up to its end IN THE HOUSE OF REPRESENTATIVES the Year,'' for her tireless efforts on behalf of of the bargain. This puts a special obligation on senior Republicans like the Senate major- Monday, July 28, 1997 the patients she serves. Perhaps not surpris- ity leader, Trent Lott, and Senator Pete Do- ingly, she is again likely to receive this acco- Mr. LEWIS of California. Mr. Speaker, I am lade. menici, who helped negotiate the budget proud to bring to your attention ``Ten Years of deal, to remind their colleagues that their This year, Jean gave up her summer to party may suffer if they break good-faith Success'', an anniversary celebration for the serve as the interim executive director of the commitments. It also means that the Admin- proud city of Highland, CA. On November 24, clinic. She was compelled to do so after the istration cannot relax its vigil. Indeed, Mr. 1997, many people will be preparing to give previous director resigned to take a national Clinton might think about threatening to thanks and commemorate our Nation's history office. This selfless act has permitted the clin- veto any spending bills that do not contain of the day of Thanksgiving. The cold autumn ic's board to carefully search for the right re- the promised funds—a weapon he used to air will bring in another different reason for the good effect in the last Congress when Repub- placement and has made the transition period people of Highland to celebrate, as they will far smoother than it otherwise would have lican conservatives tried to dynamite the reach a great milestone in their own history, country’s basic environmental laws. been. The Yellowstone and Headwaters projects and ring in 10 years of existence as a city. However, I believe the greatest tributes are especially at risk. The House has refused Do you believe in miracles? come not from the words of outsiders, but to provide a penny of the $700 million in The community and citizens of Highland from those who work closely with Jean. One extra money promised for land acquisitions, certainly do. Many people, especially the so- of her colleagues described her as, ``one of including $65 million for the mine and $250 called experts, warned in 1987 against incor- the most dedicated and conscientious volun- million for the redwoods. The Senate appro- poration of the community because they be- priations committee approved the $700 mil- teers anywhere . . . she has set an example lion but then added a caveat that could doom lieved the proposed city was financially infea- few can follow.'' It was because of people like the Yellowstone and Headwaters purchases. sible and would be bankrupt within the first 2 Jean that Congress recently passed H.R. 911, The purchases cannot be consummated, it years of existence. I am more than pleased to legislation to protect volunteers from frivolous said, until Congress passes separate legisla- report that the experts were wrong and the lawsuits which arise out of their service. I am tion specifically authorizing them. That city of Highland is flourishing and growing with pleased to have been a cosponsor of this im- would throw the matter back to the Senate’s intensity. More importantly, the city is in rel- portant bill to protect people like the volun- Energy and Natural Resources Committee, atively sound fiscal condition. teers of the Clearwater Free Clinic. which is full of people eager to deny the President an environmental triumph. The future of the city of Highland, along with Mr. Speaker, in an age when volunteerism The truth is that no separate authorizing the successful maintenance of its fiscal ap- has declined, I would like very much to con- legislation is required. The Interior Depart- proach, looks bright. If the past is any indica- gratulate Jean for her unselfish and outstand- ment and the Forest Service, which would tion of the future, those who believe in the mir- ing work at the Clearwater Free Clinic. She carry out the deals, have pre-existing au- acle and call the city of Highland home will be serves as a shining example for other volun- thority to make the acquisitions as long as able to do so for many more years to come. teers around the country. I would ask that our the money is there. Mr. Lott and Mr. Domen- May the next 10 years be even better than the colleagues join me in wishing her continued ici must see this mischievous and unneces- past for the citizens of this great community. success with her work at the clinic and, in- sary language for what it is—an opening for anticonservationist Republicans to torpedo Mr. Speaker, I ask that you join me, our col- deed, with all of her future endeavors. Mr. Clinton—and make sure it is removed leagues, and the many proud people who call f when the bill comes to a floor vote. the city of Highland their home, in recognizing IN MEMORY OF U.S. DISTRICT The news about the Everglades is much a decade of success. This November all of us JUDGE NORMAN BLACK OF better, at least so far. The appropriations will recognize that miracles never cease to HOUSTON committees in both houses have provided flourish in the city of Highland. full funding for the Interior Department’s Everglades Restoration Fund—a $100 million f HON. KEN BENTSEN program aimed primarily at creating buffer zones between the Everglades and two of its OF TEXAS greatest threats, the agricultural regions to PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES the north and the exploding urban popu- Monday, July 28, 1997 lations to the east. This is only a small down HON. CASS BALLENGER payment on the Federal share of a restora- Mr. BENTSEN. Mr. Speaker, on behalf of tion effort that may eventually cost $3 bil- OF NORTH CAROLINA my Houston colleague Mr. GENE GREEN and lion to $5 billion. But it is an important IN THE HOUSE OF REPRESENTATIVES myself, I rise to honor the memory of a valued start. and respected member of the Federal judiciary Monday, July 28, 1997 At the same time, however, both the Sen- and a constituent, Senior U.S. District Judge ate and House have denied the Administra- Mr. BALLENGER. Mr. Speaker, had I been Norman W. Black, and chief judge emeritus of tion more than half the $120 million it re- quested for restoration projects to be under- present for rollcall votes 298 and 299 on July the southern district of Texas, who passed taken by the Army Corps of Engineers in 22, I would have voted ``yea.'' In addition, I away on July 23, 1997. As much as the com- South Florida. The corps plans a massive re- would have voted ``nay'' on rollcall vote 319 munity of Houston loved and respected Judge plumbing project aimed at replicating the and ``yea'' on rollcall vote 320 which occurred Black, his family has suffered an even greater historic flow of clean water from Lake Okee- on July 24. loss. E1538 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1997 Judge Black was an institution in Houston, Cyprus is the best signal yet that the adminis- Yet it was during the administration of a city he truly loved. He was born and raised tration intends to give high priority this year to President Lyndon Johnson that I became in Houston, attending the city's public schools a settlement in Cyprus and moving Greek- personally engaged in a foreign policy ques- tion: I made clear my strong objection to the before attending the University of Texas for Turkish relations forward. military junta in Greece that came to power his bachelor and law degrees. He was an ac- It has always been my firm belief that only in 1967. Although then the only Member of tive citizen of the Houston community, a mem- high-level and sustained United States atten- Congress of Greek origin (and a Democrat), I ber of several civic and professional organiza- tion will convince all parties to try to resolve testified against the Administration’s re- tions including the Houston Philosophical Soci- the Cyprus issue. quest for United States military aid to ety, Congregation Beth Israel, and many, In this context, I believe that Members will Greece which, I reminded the House Foreign many more. His legacy of good work will be read with interest an excellent speech on ``The Affairs Committee, was a member of the missed. Cyprus Problem: U.S. Foreign Policy and the North Atlantic Treaty Organization. The Judge Black was recommended to the Role of Congress'' by our distinguished former NATO Charter was created to defend nations that adhere to democracy, freedom and the bench by my uncle, Senator Lloyd Bentsen, colleague in the House of Representatives, Dr. rule of law; the military dictatorship ruling and appointed by President Carter in 1979. He John Brademas. Greece, I asserted, supports none of these had previously served as a Federal magistrate I ask that a portion Dr. Brademas' cogent principles. The United States should, there- in Houston for 3 years and had practiced law remarks, delivered in London, England, on fore, not provide Greece military assistance. before that. He stepped down from his post of July 10, 1997, be inserted in the CONGRES- During the years of the junta, I refused to chief judge of the southern district last Decem- SIONAL RECORD. The address follows: visit Greece or to set foot in the Greek Em- bassy in Washington. ber, as required, upon turning 65. But he re- ‘‘THE CYPRUS PROBLEM: US FOREIGN POLICY mained active, maintaining senior status in & THE ROLE OF CONGRESS’’ INVASION OF CYPRUS order to remain on the bench to handle his (By Dr. John Brademas) In 1974, however, I found myself deeply in- volved in American policy toward Greece. In own cases and fill in as needed for other THE ROLE OF CONGRESS judges around the district. July of that year, the colonels engineered an Before I address myself to the issue of Cy- unsuccessful coup against the President of Judge Black will be remembered not only prus, I must say a word about certain fun- Cyprus, Archbishop Makarios. Although the for his position, but for the manner in which he damental factors that characterize the coup precipitated the fall of the military re- served. He was a Texas gentleman, presiding American form of government. You may all gime and triggered the restoration of democ- on the bench as an even-tempered and cour- be familiar with them but I assure you that racy in Greece, it was also the pretext for an teous man of justice. He was one of the best- many Americans are not. invasion by Turkish military forces of Cy- First, we have a separation of powers con- liked jurists on the Federal bench. He consist- prus. The initial invasion, in July, was fol- stitution; second, our parties are decentral- lowed, in August, by Attila II, a massive ently received the highest ratings in the Hous- ized, that is to say, by comparison with par- ton Bar Association's annual poll. He will be intervention of 40,000 Turkish troops. ties in a parliamentary system, undisci- Because the Turkish forces were equipped remembered for his legal mind as well as his plined. with weapons supplied by the United States, duty to the people he served. he had the com- People know the phrase, ‘‘separation of Turkey’s government was in direct violation passion and understanding to recognize how powers,’’ but too few understand its mean- of US legal prohibitions on the use of Amer- his decisions impacted the lives of real people. ing. Some think that in the American sys- ican arms for other than defensive purposes. He was, indeed, one of our very best. tem, Congress exists to do whatever a presi- And because American law mandated an im- dent wants it to do. But this is not the way Judge Black revered the law and recognized mediate termination of arms transfers to the Founding Fathers intended the govern- any country using them for aggressive pur- its importance. As an instructor at the Univer- ment of the United States to work and, you sity of Houston Law School and an adjunct poses, I led a small delegation of Congress- must all be aware, that in both domestic and men to call on Secretary of State Kissinger professor at South Texas School of Law, he foreign policy, Congress has in recent dec- to protest the Turkish action and insist that taught students to show respect and dignity ades reasserted the separation of powers he enforce the law, i.e., order an immediate for the law. He criticized ``Rambo-type'' attor- principle. end to further shipments of American arms Another factor complicates matters: Presi- neys who fought endlessly over minor points to Turkey. Kissinger apparently did not take dents and Congresses are elected separately, and impugned the integrity of their colleagues, us seriously and neither he nor President by different constituencies and for different Gerald R. Ford took any action in response calling them bad role models for young law- periods of service. The President, each Sen- to our admonition. yers. He always recalled that when he began ator—there are 100—and each member of the practicing law in the 1950's, young lawyers House of Representatives—there are 435—has TURKISH ARMS EMBARGO strove to be more like ``Perry Mason''Ðpolite, his own mandate and sense of responsibility Consequently, several of us in Congress, dignified and dedicated to serving their client. to the people. notably the late Congressman Benjamin S. Judge Black was more than just a great In our system, as distinguished from yours, Rosenthal of New York, then Congressman judge; he was also a great Texan, a loyal the chief executive is not chosen from the Paul S. Sarbanes of Maryland and I in the House of Representatives and Senator Thom- friend, a devoted husband, father, and grand- legislative majority and, indeed, often does not even belong to the party controlling as Eagleton of Missouri led a successful ef- father. We offer our sincere condolences to Congress. This is, of course, precisely the sit- fort in late 1974 to impose, by Congressional his wife, Berne, his two daughters, Elizabeth uation today with a Democrat in the White action, an arms embargo on Turkey. We were Berry of Houston and Diane Smith of Austin, House and Republicans in control of both the strongly supported not only by other Demo- and his entire family. We feel their loss as we Senate and House of Representatives. crats but by a number of leading Repub- mourn the passing of Judge Norman Black. THE AMERICAN WAY OF GOVERNING licans. In this unusual episode, my colleagues and f So the American way of governing was not I had active allies outside Congress. Not only designed for peaceful coexistence between did we, understandably, have the help of JOHN BRADEMAS ADDRESSES the executive and legislative branches. The Greek American and Armenian American CYPRUS ISSUE result has been a process, over two centuries persons and groups across the country but long, of conflict and accommodation, dispute also of many others who shared our commit- and detente—and this is the case even when, HON. LEE H. HAMILTON ment to the rule of law. The reasons my col- as I shall illustrate with Cyprus, the presi- leagues and I prevailed were straightforward: OF INDIANA dent and both bodies of Congress are con- We were better organized politically both IN THE HOUSE OF REPRESENTATIVES trolled by the same party. within Congress and in the country at large Monday, July 28, 1997 Although service on the Education and Labor Committee meant that most of my and we had a superior case, both legally and Mr. HAMILTON. Mr. Speaker, for the first legislative energies were directed to domes- morally. It was this combination of factors time in a long while there is reason for guard- tic concerns, I continued my interest of stu- that brought what was a remarkable victory. ed optimism in Cyprus. dent days in foreign policy. As Majority THE CURRENT SITUATION A few weeks ago Cyprus President Clerides Whip of the House of Representatives, I President Clinton’s appointment last and Turkish Cypriot Leader Ruff Denktash met joined Speaker Thomas P. ‘‘Tip’’ O’Neill, month as his Special Envoy for Cyprus of in New York under the auspices of the United Senate Majority Leader Robert Byrd and Richard Holbrooke, architect of the Dayton other Congressional leaders for breakfast at Accords and a diplomat of wide experience, Nations. Another round of face-to-face talks, the White House every other week with is, I believe, a significant indication of the the first in over 2 years, is planned for later President Carter, Vice President Mondale priority the President and Secretary of State this summer. and the president’s top aides to discuss the Madeleine Albright have assigned to Cyprus. The Clinton administration's appointment of entire range of issues facing the president Indeed, last month, before talks in Wash- Richard Holbrooke as U.S. Special Envoy for and Congress, including foreign affairs. ington with Cypriot Foreign Minister July 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1539 Ioannis Kasoulides, Secretary Albright said, At a dinner one night in Istanbul, a leading the Turkish government nor Mr. Denktash ‘‘In our meeting today . . . I will assure the Turkish business figure asked me what I should be allowed to block accession by Cy- Minister of America’s interest in seeing the thought was the most important action to prus, and the United States should continue people of Cyprus achieve a lasting settle- improve Greek-Turkish relations. I replied, to support Cyprus membership. ment to the intercommunal dispute on their ‘‘Cyprus.’’ He said, ‘‘I agree. And what you In light of Turkish objections to accession island. There could be no more dramatic a [Americans] must do is help us [Turks] get by Cyprus to the EU, incentives to both demonstration of that commitment than the out graciously and without humiliation.’’ Turks and Turkish Cypriots to greater in- President’s decision to name Ambassador I must tell you that it is my impression— volvement in Europe should vigorously be Richard Holbrooke as our special emissary reinforced by the comments of others—that explored. to promote the Cyprus settlement. . . .’’ She the forces in Turkey pressing most vigor- 4. Security on Cyprus continued: ‘‘ . . . What we see is the unifica- ously for moderation, modernization and de- Fourth, the matter of security—for both tion of Cyprus. We believe that the division mocracy there and for better relations with Greek and Turkish Cypriots—is obviously of the island is unacceptable. . . . [We] con- Greece are these top Turkish businessmen. among the factors indispensable to a solu- tinue to support the establishment of a bi- We must encourage them. tion. For it seems to me that in any settle- zonal, bi-communal federation. We will do 2. Turkey’s National Interest ment acceptable to both sides and to Greece everything we can to bring the process for- Second, Turkish political and military and Turkey, there must be, following depar- ward.’’ leaders must be persuaded that resolving the ture of foreign troops, provisions for a multi- POTENTIAL FOR A CYPRUS SETTLEMENT Cyprus question is in the national interest of national peacekeeping force to assure such Now, given the impasse of a near quarter Turkey. I certainly think that is true. security for all Cypriots. century and in light of the current instabil- In economic terms, for example, Ankara’s Such a force might well be a NATO oper- ity of the Turkish political scene, I think it officially acknowledged aid to Turkish-occu- ation for NATO is, aside from the UN, of would be a mistake to expect a breakthrough pied Cyprus this year totals $250 million, not course, the one organization where Greece in the short term. Holbrooke himself has including the cost of keeping 35,000 Turkish and Turkey are on the same level. From my said, ‘‘This is going to be a long haul. It’s not troops there. perspective, it would be wise for such a force going to be a short, intense negotiation like Here I would offer another argument for to include troops from the United States as Dayton was.’’ this proposition: Turkish armed forces on well as other members of NATO. Even a mod- As you know, Ambassador Holbrooke has the island are now considerable, of such size est commitment of US forces would rep- said he would not ‘‘do anything specific’’ and nature that to protect them adds further resent a powerful demonstration of the seri- until after this week’s UN-sponsored talks to the security commitments of Turkish ousness with which American leaders of both between President Clerides and Mr. military commanders. It is a burden that parties in both the Administration and Con- Denktash. Turkish leaders have taken on themselves, gress regard the importance of defusing what I add that the distinguished British dip- and one must ask, from a Turkish point of Dick Holbrooke has rightly described as ‘‘a lomat who has been working on the issue, view, is it a wise one? time bomb.’’ Sir David Hannay, welcomes Ambassador But much more important than economic 5. A United Cyprus Holbrooke’s intervention as does the US reasons, there is a powerful political ration- Fifth, I turn to the matter of the constitu- Congress, which has been concerned with the ale for Turkey to move, at long last, toward tional arrangements for a united Cyprus. lack of progress on Cyprus. a Cyprus settlement. Consider the present The United Nations, the European Union, And if there is agreement between the Ex- situation in Turkey. Beleaguered by eco- the United States and the Republic of Cyprus ecutive Branch and Congress on the need to nomic troubles, pressures from the military, are all agreed that there must be on the is- intensify efforts for a settlement on Cyprus, hostility between Islamists and secularists, land a bizonal, bicommunal federation, with there is also, especially in the House of Rep- widespread criticism on human rights and resentatives, bipartisan agreement. The a single sovereignty. dealing with the Kurds, thoughtful Turkish I remind you here of successive Security International Relations Committee of the leaders know that the occupation of Cyprus House, chaired by Ben Gilman, Republican of Council resolutions, including Resolution is not only a continuing financial burden but 1092, adopted on December 23, 1996, which de- New York, joined by the senior Democrat on a huge obstacle to Turkish ambitions for the Committee, Lee Hamilton of Indiana, on clares that any settlement, ‘‘must be based stronger ties with Europe. on a state of Cyprus with a single sov- June 25 favorably reported their resolution Even this week the new government led by ereignty and international personality and a urging ‘‘a United States initiative seeking a Melsut Yilmaz declared, in a statement of its single citizenship, with its independence and just and peaceful resolution of the situation hope for eventual membership in the Euro- territorial integrity safeguarded, and com- on Cyprus.’’ The measure includes a call for pean Union, ‘‘Turkey will ensure its rightful prising two politically equal communities ‘‘the demilitarization of Cyprus and the es- place in the new Europe that is being drawn .. . in a bicommunal and bizonal federation, tablishment of a multinational force to en- up.’’ Yet it must be clear that even putting and that such a settlement must exclude sure the security of both communities.’’ aside demands from the European Par- union in whole or in part with any other ELEMENTS OF A SETTLEMENT liament concerning democracy and human country or any form of partition or seces- rights, so long as the Cyprus question goes As we meet tonight during the week of the sion. . . .’’ Clerides-Denktash talks, I believe I can best unresolved, Turkish membership in the EU is The goal now will be to negotiate an agree- contribute to a discussion of the Cyprus not possible. ment that provides for such a single sov- Here I note the recent statements of Greek issue by telling you what, on the basis of my ereign state within which Greek Cypriots Foreign Minister Pangalos and Undersecre- conversations in recent weeks with a number will accord a significant degree of self-gov- tary Kranidiotis that if political objections of persons, some in government and some ernment to Turkish Cypriots who, in turn, can be overcome, Greece has no philosophi- not but all at senior levels and from the var- must agree to territorial compromises that cal or dogmatic objection to Turkish acces- ious countries concerned, seem to be factors will enable them to share in the economic sion to the European Union. This posture, fundamental, 23 years after the events of the growth that both reunification and member- coupled with Greek removal of a veto on summer of 1974, both to understanding the ship in the EU would entail. After all, every- Turkish participation in the Customs Union Cyprus problem and to forging a viable, real- one is aware that there is a huge gap in per with the EU, means that the Greeks are say- istic and just settlement of it. capita annual income between Greek Cyp- ing, ‘‘We’re not the obstacle to Turkish Many in this room are far more knowledge- riots—$12,000—and the North—$4,000. able than I about Cyprus and, of course, are entry into Europe.’’ Yet if membership in The challenge here must be to take into free to disagree with me on any or all of the European Union is not on the immediate account the fears and apprehensions of both these points, some matters of fact, others horizon, enhancement of the relationship Greek and Turkish Cypriots so that both normative. with the EU can be a significant incentive communities will feel they are dealt with 1. Greek-Turkish Relations for a Turkey that seeks to be in Europe. fairly. First, I would assert that a normalization 3. Cyprus and the European Union I observe, by way of suggesting an example of relations between Greece and Turkey de- Third, another basic ingredient in the of the tone or attitude that one hopes would pends upon a resolution of the issue of Cy- search for a solution, the prospect of mem- characterize a federation that can command prus. Indeed, a senior Turkish diplomat bership by Cyprus in the EU, was described the support of both communities on the is- made this same point to me a few months by Holbrooke as the ‘‘the biggest new factor land and both Greece and Turkey, that the ago even as I heard this view echoed in Istan- in the 30-year stalemate.’’ proposal of my friend Costa Carras for cross- bul in May during a Carnegie Endowment for With the commitment of the Council of voting should be given serious consideration. International Peace Forum. The Forum, Ministers of the EU in 1995, following ap- Rather than voting only for candidates of composed of seven Greeks, seven Turks and proval of the Customs Union with Turkey, to their own community as before, Greek Cyp- seven Americans, of whom I am one, involves start negotiations with the Republic of Cy- riots and Turkish Cypriots would vote twice, academic, business and political leaders from prus on its accession to the EU within six all citizens casting ballots in the elections of all three countries, including two former months of the end of the Intergovernmental both communities. In this way, candidates Greek and two former Turkish foreign min- Conference (just concluded in Amsterdam), and legislators from each community would isters and senior retired military officers no longer is Cyprus to be held hostage for for the first time acquire a stake in appeal- from the two countries. membership to Ankara. Certainly neither ing to the other. E1540 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1997 Let me add that a significant result of ac- tion, the institutions of democracy. NED where such organizations are relatively new cession to the EU by a united Cyprus would grants are made to organizations dedicated phenomena, especially in former state-con- be that Turkish Cypriots would then be part to promoting the rule of law, free and fair trolled societies. of a Cypriot delegation to Brussels, one way elections, a free press, human rights and the We want also to support development of a of ensuring that Cyprus would not be hostile other components of a genuinely democratic lively, responsible and independent press, to Turkey. culture. again free of state control. Now, I believe most of us would agree that A planning group for the center The Center plans to support projects on it is unlikely—one never says ‘‘never’’—that the writing of school textbooks and improv- The project of which I want to say a par- there will be a sudden accord on an issue ing pedagogy at all levels in the countries of ticular word is the Center for Democracy and that for so long has eluded resolution by so Southeastern Europe. Reconciliation in Southeastern Europe, many. Moreover, a breakthrough is probably The Center will also address concerns of which my colleagues and I hope to establish not possible until after the elections in Cy- parliamentary and local governments and we beginning in early 1998. prus in February. Nonetheless, it is impor- hope to sponsor exchanges of parliamentar- In cooperation with my friend known to tant to begin laying the groundwork now, ians. many of you, Costa Carras, a businessman and UN Secretary General Kofi Annan’s Economic development clearly offers op- and historian of much wisdom and a deep talks with Clerides and Denktash are part of portunities for regional cooperation and sense of public responsibility, and Matthew this process as Sir David Hannay observed in interchange. Independent business associa- Nimetz, a distinguished lawyer who served as a thoughtful essay in yesterday’s Inter- tions can be an integral part of a vibrant Counselor and Under Secretary of State dur- national Herald Tribune (‘‘At Long Last, Cy- civil society. ing the Carter Administration and as Presi- prus Should Seize the Chance to Heal It- Environmental challenges also open doors dent Clinton’s Special Envoy in the 1994–1995 self’’). For we must build bridges today for for cooperative endeavors throughout the re- mediation between Greece and the Former action next spring. gion. Indeed, while in Istanbul last month, Yugoslav Republic of Macedonia (FYROM), I NORMALIZING GREEK-TURKISH RELATIONS Matthew Nimetz and I called on His Holi- convened last year a group to draw up plans ness, Bartholomew, the Ecumenical Patri- With the end of the Cold War has come the to create what we called a Center for Democ- arch of Constantinople, who told us that he possibility of resolution of many long-sim- racy and Reconciliation in Southeastern Eu- will shortly be leading an effort to deal with mering conflicts. As we observe in the Mid- rope. environmental problems in the Black Sea, an dle East and Northern Ireland, however, not Following earlier discussions of the idea of initiative that will involve Turkish govern- to speak of the on-going drama in the former such a center at conferences in Thessaloniki; ment officials and business leaders as well. Yugoslavia, it is not easy. Nonetheless, the Washington, D.C.; New York City; and at rest of the world is moving toward solving Ditchley Park, our group met last November CONCLUSION difficult problems. The North Koreans have in Lyon. The Planning Group, chaired by I have told you of my own involvement in agreed to four-power talks aimed at formally Ambassador Nimetz, is composed of persons Cyprus as a Member of the United States ending the Korean War. The Indians and from Southeastern Europe, Western Europe Congress and of my continuing interest in Pakistanis are discussing Kashmir. Formerly and the United Staets, nearly all of whom improving relations between Greece and Tur- Communist states are being brought into have expert knowledge of the region as well key. NATO. China may be beginning to commu- as experience in business and government. I have offered a list of what seems to me to nicate with the United States in more ra- Unlike other organizations active in the Bal- be some of the factors essential to success in tional terms. kans, the Center will be directed by a board the on-going search for a just and enduring Surely it is time for Greece and Turkey to a majority of whose members are from the settlement of a problem—the tragedy of a di- normalize their relationship even as did region itself. That people from Greece, Tur- vided Cyprus—that should affront the con- France and Germany under de Gaulle and key, Romania, FYROM, Serbia and else- sciences of all who live in civilized, demo- Adenauer, thereby paving the way to where are joining to establish the Center will cratic societies. progress for both. give it credibility and relevance that US or I have expressed gratification that the The report that this past Tuesday (July 8), West European based organizations cannot United States is now moving toward much Greece and Turkey, in what the Financial attain. more intensive involvement in the issue. Times described as ‘‘the biggest break- And I have told you of an effort, in the Mission of the center through in their strained relations for a dec- form of the Center for Democracy and Rec- ade . . . pledged to respect one another’s sov- The Center will devote attention to the onciliation in Southeastern Europe, that al- ereign rights and renounce the use of force in fields of education and market institutions though modest at the outset, can, in time, in dealing with each other’’ is solid evidence of as well as to the practices of a pluralist a troubled part of the world, sow seeds of what the FT also called ‘‘strong pressure democratic society, such as a strong and hope rather than despair. from the US.’’ The statement by Greek independent judiciary, free and responsible How splendid it would be if, even before the Prime Minister Constantine Simitis and media, vigorous nongovernmental organiza- start of the next millennium, we can see a Turkish President Suleyman Demirel, the tions, and effective and accountable central united Republic of Cyprus, in which all its consequence of Secretary Albright’s deter- administrations—with active parliamentary citizens enjoy the fruits of freedom, democ- mined efforts, concluded the FT, ‘‘set a institutions—and local governments. racy and the rule of law! We anticipate that the Center will have its favourable tone for the high-level talks over f the future of Cyprus which start near New administrative headquarters in York today.’’ Thessaloniki, Greece, which has excellent THE 39TH OBSERVANCE OF And surely, I reiterate, key to the relation- transportation and communication facili- CAPTIVE NATIONS WEEK ship between Greece and Turkey is Cyprus. ties, making it easily accessible throughout Settlement, during the year ahead, of an the region. The Center will eventually spon- issue over two decades old would obviously sor programs in all the countries of South- HON. GERALD B.H. SOLOMON be a major triumph for US foreign policy, for eastern Europe, including Cyprus, where a OF NEW YORK Europe, for Greece, and, most important, for program on governance is planned, and Tur- IN THE HOUSE OF REPRESENTATIVES all the people of Cyprus. key, where a program on environmental is- sues will be established. The Center’s pro- Monday, July 28, 1997 A CENTER FOR DEMOCRACY AND RECONCILIATION grams are intended to be multinational in IN SOUTHEASTERN EUROPE Mr. SOLOMON. Mr. Speaker, it is with a scope, bringing together participants from deep sense of personal conviction and pride Now, if I have not exhausted you, I must the several countries of the region. tell you briefly of one other development The purpose of the Center’s multinational that I submit for the RECORD an authoritative that I believe relates directly to what I have approach is to foster greater interchange and proclamation on Captive Nations Week, the been saying but goes still farther. understanding among the peoples of the area 39th Observance, based on Public Law 86±90 My own involvement in this effort is and to develop networks among individuals and reflected in proclamations and observ- spurred in large part by my chairing the Na- and groups committed to the democratic and tional Endowment for Democracy. ances of States and cities across our Nation peaceful development of Southeastern Eu- The National Endowment for Democracy, this past third full week of July, 20±26. rope. or NED, as we call it, is one of the principal In personal conviction, I am fully convinced vehicles through which American Presidents, Programs of the center that P.L. 86±90Ðwhich is uniquely vindicated Senators and Representatives of both politi- First, we intend to forge links with other by the historic changes these past 8 years in cal parties seek to promote free, open and nongovernmental organizations (NGOs) in Central/East Europe, Central Asia, Africa, and democratic societies. Founded in 1983 by a the region to cooperate on specific projects Central AmericaÐwill be completely vindicated Republican president, Ronald Reagan, and a and in some cases will establish offices in Democratic Congress, the National Endow- other countries to focus on a particular issue as freedom forces in the world's democracies ment for Democracy is a nonpartisan, non- or theme. More broadly, the Center can be a concentrate on the remaining captive nations governmental organization that, through forum to champion NGOs as essential compo- under Communist party dictatorships in the grants to private entities in other countries, nents of a civil society, particularly impor- People's Republic of China, Vietnam, Laos, champions, like your Westminster Founda- tant, of course, in Southeastern Europe North Korea, and Cuba. Unresolved issues July 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1541 also remain in the Russian Federation, to Miller of Nevada; The Hon. Lincoln Almond Committee of Congress, an opportunity to be mention Chechenia as only one example. of Rhode Island; The Hon. Mel Carnahan of of special service to those who sacrificed so In humble pride, it is a source of satisfaction Missouri; The Hon. Gary E. Johnson of New much for our Nation. In that work I find regular that I have been playing a role in this nearby Mexico; the Hon. Pete Wilson of California; occasion to remember and to admire our citi- The Hon. Zell Miller of Georgia; The Hon. 40-year tradition begun by the 86th Congress William Weld of Massachusetts; The Hon. zen veterans and to help secure to them full and President Eisenhower and indelibly im- Tom Ridge of Pennsylvania and the Mayors; measure of our Nation's respect for their con- printed in our history by President Reagan and Rudolph Giuliani of New York; Richard tributions in time of peace and in the horror the ``evil empire'' concept. In short, for our Reardon of Los Angeles; and Edward Rendell that is war. own well-being and peace, a tradition of Amer- of Philadelphia. I am prouder still to join my voice with those ica's dedication to expressive freedom, de- f who spoke to honor the men who served with mocracy, free market economy, human rights, such valor aboard the U.S.S. IndianapolisÐ national independence, and the surcease of CUTS IN MEDICARE those with us still and those lost in the Pacific empires and imperial ``spheres of influence''. vastness somewhere west of Guam. For their Definitely certain that all who commemo- HON. PETER A. DeFAZIO service and sacrifice in the highest tradition of rated this 39th observance share these con- OF OREGON our country, our respect must be eternal. victions and civic pride, I deem it an honor to IN THE HOUSE OF REPRESENTATIVES f submit the proclamation and the list of its dis- Monday, July 28, 1997 MEDICARE REFORM PROPOSAL tinguished supporters: Mr. DEFAZIO. Mr. Speaker, hundreds of my CAPTIVE NATIONS WEEK PROCLAMATION constituents have contacted me about the se- HON. RON PACKARD Whereas, the Captive Nations Week Reso- OF CALIFORNIA lution, which Congress passed in 1959 and vere cuts in Medicare reimbursement for home IN THE HOUSE OF REPRESENTATIVES President Eisenhower signed into Public Law oxygen therapy. As the House and Senate 86–90, has been proclaimed by every president conferees deliberate over the extent of these Monday, July 28, 1997 since, with identical support by Governors cuts, I would like them to consider the lives of Mr. PACKARD. Mr. Speaker, this year Con- and Mayors across our Nation; and seniors receiving home oxygen services. The Whereas, reflecting the foresight of that gress is faced with one of its toughest chal- following letter was given to me by Laurie lenges yet. A program that for three decades Congress and supports, Public Law 86–90 has Keiper of Springfield, OR. been uniquely vindicated by the demise of has helped pay the medical bills for America's the Soviet Union and the liberation of the TO CONGRESS AND THE SENATE OF THE UNIT- senior citizens is in drastic need of reform. most captive nations in Central and East Eu- ED STATES: I am an oxygen home therapy pa- Credited with alleviating the problem of the un- rope, Central Asia, Africa, and Central tient on 3–4 liters, 24 hours each day. I am a wife of a research vessel boatswain mate who insured senior citizens and reducing the health America; and problems of the disabled, Medicare is now in Whereas, in the total picture and for our is not home every night. He is gone most of the summer and fall. need of a major overhaul if it is to continue national interest, it is imperative to recog- providing for seniors. nize the reality of numerous other captive I am a care giver also, taking care of my nations still remaining under totalitarian, grandson, most of his 14 years. He will be We are working hard to ensure that Medi- communist party dictatorship and the resid- starting 9th grade in the fall. care remains viable for present and future Without oxygen, I can not take care of my ual Russian Federation structure of imperial beneficiaries. By addressing the impending grandson, do for my family, or take care of control: among others, Mainland China, bankruptcy of this program now, we will be myself. Instead you will pay more for child North Korea, Vietnam, Cuba, Idel-Ural able to strengthen and improve it while ex- care, hospital and for nursing facility care. (Tatarstan), Chechenia, the Far Eastern Re- Most likely my 5 years of life expectancy panding benefits for all participants. Through a public; and combination of savings and structural reforms, Whereas, like the former USSR and with a will be shortened to 2 to 3 years or less. Oxy- gen is 1 percent of the total medicare budget. the Republican plan to reform our health care long record of massive human rights viola- program will extend the solvency of the Medi- tions, the People’s Republic of China is in es- If you cut it by 40 percent what will it cost sence an empire under communist party you? care trust fund for at least 10 years. rule, consisting of the Chinese, Tibetan, di- 40 percent increase in hospital stays. The House Medicare proposal increases the 40 percent increase in dependent payments, vided Turkestan, and Inner Mongolian cap- choices available to Medicare beneficiaries, so especially without parental guidance look at tive nations; and that they can select from among the same Whereas, with its own unresolved cases of all the options—drugs, alcohol, runaways kinds of health plan options that are available non-Russian and Siberyak self determination etc. 40 percent increase in home health and/or to the rest of the population. The plan calls for drivers, the Russian Federation, centered in nursing facility payments. new systems of payment to address the prob- Moscow, continues to strive imperially for a 40 percent increase in death benefit burial lems in areas where the growth in costs is ‘‘sphere of influence’’ in eastern Europe, payments. unsustainable. Finally, our proposal achieves causing former captive nations like Poland, It does not seem fiscally prudent to make Lithuania, geopolitical strategic Ukraine, savings by restraining future increases in this cut. Look for fake bills, bad doctors, and others to seek their preserved independ- costs, while also providing important new pre- people who aren’t supposed to be on Medi- ence and full integration in a free Europe ventive care benefits. care. When someone says they question a through our assistance in the forms of I am proud of the progress we have made bill—follow up on it. Cut cost that way! NATO, aid, and investment; and toward reforming Medicare. I firmly believe LAURIE KEIPER. Whereas, in the true spirit that crucial for- that Medicare can be preserved, protected, eign issues are not foreign to our world lead- f and improved without jeopardizing health care ership, economic well-being, and even Amer- TRIBUTE TO THE U.S.S. for the most vulnerable populations, and I am ican lives, Congress by unanimous vote confident that together we can make this goal passed P.L. 86–90, establishing the third full ‘‘INDIANAPOLIS’’ week in July each year as ‘‘Captive Nations a reality. Week,’’ and inviting our people to observe in HON. JULIA CARSON f that true spirit the week with appropriate OF INDIANA IN MEMORY OF WILLIAM N. KEMP prayers, ceremonies, and activities in sup- port of the just aspirations of the still re- IN THE HOUSE OF REPRESENTATIVES maining captive nations and the preserva- Monday, July 28, 1997 HON. GENE GREEN tion of the freedom of the former captive na- OF TEXAS Ms. CARSON. Mr. Speaker, I would like to tions, IN THE HOUSE OF REPRESENTATIVES Received as of today, July 25, 1997 the fol- take a brief moment to personally pay tribute lowing Governors and Mayors have issued to those who served so selflessly aboard the Monday, July 28, 1997 proclamations of the week: The Hon. Paris U.S.S. Indianapolis. A reunion was held in In- Mr. GREEN. Mr. Speaker, I rise today to N. Glendening of Maryland; The Hon. Fife dianapolis this weekend for those veterans honor the memory of William N. Kemp, who Symington of Arizona; The Hon. Christine who served on the U.S.S. Indianapolis, a passed away on July 15, 1997, in Houston, Todd Whitman of New Jersey; The Hon. John heavy cruiser sunk by enemy torpedo on July TX. Dr. Kemp was a self-employed optometrist Engler of Michigan; The Hon. George Allen of Virginia; The Hon. Tommy Thompson of 30, 1945. for 41 years in the North Shore area of Hous- Wisconsin; The Hon. Frank O’Bannon of In- My pride and admiration, for the service of ton and was the founder of the firm Drs. Kemp diana; The Hon. Frank Keating of Oklahoma; these men know no bounds. and Peterson, Optometrist. He was past presi- The Hon. Lawton Chiles of Florida; The Hon. I am proud to report that I have been hon- dent of both the Harris County Optometric So- Terry E. Brandstad of Iowa; The Hon. Bob ored with appointment to the Veterans' Affairs ciety and the Texas Optometric Association. E1542 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1997

Dr. William Kemp was born August 21, submit for the CONGRESSIONAL RECORD two ar- freedom, freedom for those who have it and 1925, in Wharton, TX, where he lived until en- ticles from the Washington Post which I be- freedom for those who yet must seek it.’’ tering the Navy for 3 years of service during lieve capture some of the spirit and letter of Justice Antonin Scalia, who strongly dis- agreed with Brennan’s liberal approach, World War II. He attended Texas A&I Univer- his contributions to our great system of justice. nonetheless once called Brennan ‘‘probably sity in Kingsville for 3 years and was grad- [From the Washington Post, July 25, 1997] the most influential justice of the century’’ uated from the Illinois College of Optometry in THE BIGGEST HEART IN THE BUILDING and ‘‘the intellectual leader of the move- Chicago. Upon graduation, he moved to the (By Joan Biskupic) ment that really changed, fundamentally, North Shore area of Houston and was active the court’s approach toward the Constitu- Supreme Court Justice William J. Brennan in the community for many years, especially in tion.’’ Jr. was remembered yesterday as a bulwark Joshua E. Rosenkranz, a 1987–88 clerk who the Lions International. of liberal activism whose effects on America Dr. Kemp was active in politics where he is now executive director of the Brennan is so great—and his personality so compel- Center for Justice at New York University, served as president of the North Shore Demo- ling—that even those who disagreed with his said, ‘‘I would be willing to bet that there is crats and skillfully represented Houston along- views said much of his legacy will endure. not a single person in our nation who hasn’t side with Congresswoman Barbara Jordan at Brennan ‘‘played a major role in shaping been touched by Justice Brennan’s legacy, the Democratic National Convention in Chi- American constitutional law,’’ said conserv- whether they know it or not.’’ cago in 1968. In 1972, Dr. Kemp was elected ative Chief Justice William H. Rehnquist. Attorney General Janet Reno said she was ‘‘He was also a warm-hearted colleague to to the Texas State Board of Education, district sad to hear Brennan had died and added: those of us who served with him.’’ ‘‘Justice Brennan stood up for people who 8, where he served for 11 years. ‘‘He had the biggest heart of anyone in the Dr. Kemp is survived by his wife of 41 had no choice. He devoted his long, rich life building’’ said Thurgood Marshall Jr., son of to helping the American justice system live years, Kathryn Lourene Kemp; three sons, the late justice. ‘‘Justice Brennan was not up to its ideals. He made a difference, and he Paul Davis Kemp, George William Kemp, and just my father’s closest and dearest partner, will be remembered always by all Americans Robert Harris Kemp; two granddaughters, but his hero in the pursuit of equality and who prize the rule of law.’’ justice.’’ Kimberley Shae Kemp and Toni Louise Kemp; JUSTICE BRENNAN, VOICE OF COURT’S SOCIAL and one grandson, Matthew W. Kemp. Marshall, President Clinton’s Cabinet sec- retary, said his father and Brennan could not REVOLUTION, DIES William Kemp will be remembered as a have been more different as people, given the Former Supreme Court Justice William J. leader in his community whose ideas reached backgrounds from which they emerged. ‘‘But Brennan Jr., the progressive voice of the far and wide. His genuine enthusiasm for his they both believed fervently in the very modern court and a justice unequaled for his community prompted people of all ages to be- same ideals.’’ influence on American life, died yesterday. come interested and involved in improving News of Brennan’s death, coming shortly He was 91. their community. Because I experienced Dr. after noon yesterday, spread quickly among During his 34 years on the court, Brennan Kemp's vitality and wisdom firsthand, I have former colleagues and friends. He was known pushed his colleagues to take on a variety of social issues and was widely recognized as no doubt that this tireless role model made for the force of his opinions—more than 1,000—that embodied the notion that the fed- the chief strategist behind the court’s civil Houston, TX, a richer place to live. eral courts should actively seek to right so- rights revolution. As friends and family reflect on his lifetime ciety’s wrongs. He was venerated yesterday He was the architect of rulings that ex- of contribution, it is only fitting that we also for his persuasive approach and good humor, panded rights of racial minorities and pay tribute to this great man and good friend. and for a charisma that will help him be re- women; led to reapportionment of voting dis- f membered for generations. tricts guaranteeing the ideal of ‘‘one person, ‘‘There are few people who are truly ex- one vote,’’ and enhanced First Amendment THE PASSING OF A HERO traordinary and we don’t always know the freedom for newspapers and other media. reasons why they rise above the rest of us. A slight man with a ready Irish grin, Bren- But he did,’’ U.S. appeals court judge Rich- nan was recognized across the political spec- HON. JOHN CONYERS, JR. ard S. Arnold of Little Rock, who was a law trum not only for his legal mastery but as a OF MICHIGAN clerk to Brennan in 1960, said yesterday. defender of individual liberty and a voice of IN THE HOUSE OF REPRESENTATIVES ‘‘His chief characteristics were kindness and civility. Poor health forced his retirement Monday, July 28, 1997 love—to everybody.’’ from the court in 1990. Brennan, who retired from the court in 1990 ‘‘He was a remarkable human being, one of Mr. CONYERS. Mr. Speaker, on Thursday, and initially kept up professional and per- the finest and most influential jurists in our July 24 a great constitutional scholar and ad- sonal contacts, had been in poor health in re- nation’s history,’’ President Clinton said vocate of social justice passed away. Su- cent months. He died at a nursing home in yesterday upon learning of Brennan’s death. preme Court Justice William J. Brennan, Jr. Arlington, where he had been rehabilitating ‘‘The force of his ideas, the strength of his leadership and his character have safe- served the highest branch of our judicial sys- after he broke his hip in November. A court spokeswoman said Brennan’s body guarded freedom and widened the circle of tem from 1956 until 1990. His scholarship was would lie in state from 10:30 a.m. until 10 equality for every single one of us.’’ at the forefront of an intellectual and moral p.m. Monday at the Supreme Court Building. Justice David H. Souter has said of the frontier that began in the pre-civil-rights era. His funeral is set for 10 a.m. Tuesday at St. man he succeeded on the court: ‘‘One can Justice Brennan shaped our law and Mathews Catholic Church in the District. agree with the Brennan opinions and one touched our lives in countless ways. In the All quarters of government reacted to word may disagree with them, but their collective area of voting rights he authored Baker versus of Brennan’s death. Clinton, who said Bren- influence is an enormously powerful defining Carr, 1962, which was one of the cornerstone nan’s devotion to the Bill of Rights inspired force in the contemporary life of this repub- of voting rights case law. It lead to one-person millions of Americans and countless young lic.’’ law students, including myself,’’ ordered What distinguished Brennan was his abil- one-vote reapportionment cases. On the issue flags flown at half-staff at government build- ity to forcefully articulate a liberal vision of of affirmative action he authored Metro Broad- ings, military facilities and U.S. embassies judging. It was a vision that found the essen- casting versus the Federal Communications worldwide. tial meaning of the Constitution not in the Commission, 1990, which upheld two affirma- In addition to Rehnquist, three other of past but in contemporary life, prized individ- tive action programs aimed at increasing Afri- Brennan’s former court colleagues issued ual rights beyond what was explicitly writ- can-American ownership of radio and tele- statements of admiration yesterday. ten in the text, and compelled him to reach vision stations. In Texas versus Johnson, Justice John Paul Stevens, who sat with out to right perceived wrongs. He called the Constitution ‘‘a sparkling vision of the su- 1989, Brennan declared, ``If there is a bedrock Brennan for 15 years and shared some of his liberal views , said, ‘‘The blend of wisdom, preme dignity of every individual,’’ and em- principle underlying the first amendment, it is humor, love and learning that Justice Bren- ployed it as a tool of racial equality and so- that the government may not prohibit the ex- nan shared with his colleagues—indeed with cial justice. pression of an idea simply because society all those privileged to know him—was truly ‘‘The genius of the Constitution rests not finds the idea itself offensive or disagreeable.'' unique. He was a great man and a warm in any static meaning it may have had in a And continuing in his tradition of protecting the friend.’’ world that is dead and gone,’’ he wrote in an most vulnerable, in Goldberg versus Kelly, ‘‘Justice Brennan’s death means the pass- essay published in 1997, ‘‘but in the adapt- 1970, he established that it was a violation of ing of an era in the history of the Supreme ability of its great principles to cope with Court,’’ Justice Sandra Day O’Connor said. current problems and present needs.’’ the 14th amendment's guarantee of due proc- ‘‘In addition to the remarkable legal legacy In the confines of the court’s conference ess under law for a State to cut off a welfare he left behind, he left a legacy of friendship room and chambers, Brennan was renowned recipient's benefit without a hearing. and good will wherever he went.’’ for his cunning and persistence, and relent- Mr. Speaker, I rise today to honor this great Justice Anthony M. Kennedy said, ‘‘Jus- lessness in winning votes for his side. If a drum major for justice of the 20th century. I tice Brennan was one of the great friends of justice initially turned him down, Brennan July 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1543 would begin with gentle persuasion, then vate papers of several former justices, said Brennan succeeded Justice Sherman offer grounds for compromise, then pull out Brennan’s winning personal style added tre- Minton, who was retiring because of failing all the stops to try to win another vote. If he mendously to his effectiveness. ‘‘If you look health, and initially received a recess ap- lost, he would pursue the justice in the hope at the tone with which people responded to pointment on Oct. 16, 1956. He was confirmed he would win on an issue the next time his suggestions for changing an opinion, by the Senate March 19, 1957 on a voice vote. around. Brennan made it easy. He was friendly and The only audible dissent came from Sen. Jo- In a May 1995 tribute to Brennan to inau- had a tone of accommodation.’’ seph R. McCarthy (R–Wis.), who said he was gurate the Brennan Center for Justice at A minor stroke and related poor health convinced that Brennan was ‘‘hostile’’ to New York University School of Law, former forced Brennan to retire suddenly in 1990, congressional investigations of communism. appeals judge Abner J. Mikva defined ‘‘a but he remained active in liberal causes. In Brennan had given a speech in 1954 in Brennanist’’ as ‘‘one who influences his col- 1994, a national anti-death penalty project which he said ‘‘there are some practices in leagues beyond measure.’’ Retired Justice was begun in his name. A year later, he was the contemporary American scene which are Harry A. Blackmun said Brennan operated in the inspiration for a free speech award given reminiscent of Salem witch hunts.’’ ‘‘quiet but firm tones.’’ periodically by the Thomas Jefferson Center Brennan was 50 at the time of his appoint- Brennan was appointed to the court by for the Protection of Free Expression in ment, the youngest member of a court that President Dwight D. Eisenhower in 1956, Charlottesville, Va. included William D. Douglas, Hugo L. Black three years after Earl Warren became chief Brennan said he hoped to continue and Felix Frankfurter. In 1962 Frankfurter justice. And Brennan’s unmatched ability to effecting change and affecting lives. who taught Brennan at Harvard and was a build consensus made him a central figure in ‘‘Justice Brennen has an abiding belief in strong advocate of limiting judicial power, the Warren Court and a key participant in the power of thoughts, thoughtful words and told Look magazine: ‘‘I taught my students good will to reach understanding and solu- its most celebrated decisions. to think for themselves, but sometimes I tions that more contentious methods can- He is considered the primary writer of the think that Bill Brennan carries it too far.’’ not,’’ Vernon E. Jordan, Jr., the civil rights 1958 Cooper v. Aaron decision that forced Brennan formed an immediate relationship leader and Washington lawyer, said in 1995 school officials to accelerate classroom inte- with Warren, becoming a close ally and de- when a group of Brennan’s admirers dedi- gration in the face of mass resistance. veloping the legal justifications for the deci- cated the Brennan Center. Brennan also was the author of a 1962 deci- sions that would result in a social revolu- sion that permitted federal courts for the Brennan was born in Newark on April 25, 1906, the second-oldest of eight children of tion. first time to hear constitutional challenges The Warren Court broadly interpreted the to a state’s distribution of voters, a ruling Irish immigrant parents. His father worked as a laborer in a brewery and became a union Constitution to provide greater protections that brought new fairness to the sharing of for individual rights. It demanded, for exam- political power between rural and urban leader and local politician. Brennan was an honors student at the Uni- ple, that states abide by most of the provi- America. He broadly interpreted the Con- versity of Pennsylvania’s Wharton School of sions of the Bill of Rights, a document origi- stitution’s guarantee of due process for Finance and received a scholarship to Har- nally interpreted to safeguard individuals criminal defendants, in cases, for example, vard Law School. Upon graduation in 1931, he only from the hand of the federal govern- that protected state defendants against self- joined a Newark law firm, Pitney, Hardin & ment. Essentially a political actor of the era, incrimination and gave prisoners greater ac- Skinner, practicing there until he entered the court actively addressed society’s prob- cess to federal courts to challenge convic- the Army in 1942. While in the military, he lems, accelerating the civil rights move- tions. ‘‘In a civilized society,’’ he wrote in handled labor disputes on the staff of the un- ment, bringing fairness to reapportionment the latter, ‘‘government must always be ac- dersecretary of war. and reforming police practices. countable to the judiciary for a man’s im- He returned to his law firm and began spe- When he saw a litigant in need, Brennan’s prisonment.’’ cializing in labor law, representing several litmus test for offering legal protection was He led the majority to bolster the right of large manufacturing enterprises, before whether anything in the Bill of Rights ex- free speech, including a 1964 opinion that re- being appointed to the New Jersey bench. In plicitly prevented him from doing so. He fa- quires public figures who sue for libel to 1949 Republican Gov. Alfred E. Driscoll vored the individual and put the burden on prove ‘‘actual malice’’ on the part of the named him to the state superior court. Three the government to show that something in media. years later, Driscoll elevated him to the New the Constitution disallowed protection. (The To the consternation of his conservative Jersey Supreme Court, and Brennan became opposite, ‘‘judicial restraint’’ approach asks critics, Brennan was not afraid to cross a reliable lieutenant to Chief Justice Arthur whether anything in the Constitution or in boundaries into areas previously considered Vanderbilt. the court’s precedents explicitly permits it off-limits for federal courts. ‘‘Our task,’’ Brennan’s nomination to the high court to extend protection to an individual.) Brennan once said, ‘‘is to interpret and apply apparently came as a surprise. Then U.S. At- Brennan and the other Warren-era judges the Constitution faithfully to the wisdom torney General Herbert Brownell Jr. tele- crossed boundaries into areas previously con- and understanding of the Founding Fathers. phoned him late one afternoon in his New sidered off-limits for the federal courts. Be- But often it is impossible to make a con- Jersey chambers and asked that he meet Ei- fore 1962, for example, the question of wheth- stitutional decision without basing certain senhower at the White House the next day. er legislative voting districts were drawn findings on data drawn from the social Brennan thought nothing of the request fairly was considered a ‘‘political question,’’ sciences, from history, geography, economics and even stopped at Union Station for a hot that is, the business of elected officials, not and the like.’’ dog to bide his time, according to Robert M. judges. But Brennan said the fairness ques- When Warren was succeeded as chief jus- O’Neil, who would become one of Brennan’s tion was constitutional, not political. War- tice by Warren E. Burger and then William first law clerks. ‘‘He didn’t expect to get din- ren would later call the ruling in Baker v. H. Rehnquist, the court began to move ner at the White House,’’ O’Neil said. Carr the ‘‘most important’’ of his time on gradually to the right, and many of the rul- University of Virginia law professor John the court. The decision broke rural Ameri- ings from the Warren era were reversed. But C. Jeffries Jr. wrote in his biography of ca’s lock on political power and gave urban several Brennan decisions endured. Among Brennan’s colleague, Lewis F. Powell Jr. voters equal representation to fulfill the the most important is Baker v. Carr, a 1962 that Brennan’s shot at the high court was principle of one person, one vote, as articu- opinion that gave federal courts the power to owed to chance. lated in later voting rights cases. ‘‘In 1956 the chief justice of New Jersey, ensure the fairness of voting districts, re- Brennan also led the court in increasing Arthur Vanderbilt, was scheduled to give the shaped politics and broadened participation protections against sex discrimination, writ- keynote address at a large Washington con- in democracy. ing in 1972, ‘‘distinctions between the sexes ference on the problem of overburdened Even as he found himself increasingly on often have the effect of invidiously relegat- courts. Two days before the meeting, Van- the losing side in the 1980s, Brennan re- ing the entire class of females to inferior derbilt fell ill, and Brennan went in his mained on good terms with his fellow jus- legal status without regard to the actual ca- place. His speech impressed U.S. Attorney tices. ‘‘Brennan brought to the work of the pabilities of its individual members.’’ court a personal warmth and friendliness General Herbert Brownell, who, when a Su- which prevented disagreements about the preme Court vacancy opened four months SPEECH RULINGS OFTEN ENGENDERED POLITICAL law from marring the good personal rela- later, contemplated the electoral advantages OUTRAGE tions among the justices,’’ Rehnquist once to President Eisenhower of appointing Irish He had argued that laws treating men dif- wrote. Catholic Democrat from the Northeast and ferently from women could be justified only The chief justice also remarked after Bren- recommended Brennan.’’ by a compelling governmental interest—the nan had retired that ‘‘the enduring legacy of Brennan later said no one in the Eisen- strictest constitutional test for a law. He Justice Brennan—the high value which he hower administration asked him a single failed to win a majority of his colleagues to placed on claims of individual constitutional question about his politics or judicial philos- that standard but eventually succeeded in rights asserted against the authority of ophy. And indeed, Eisenhower’s choice for getting them to agree to an ‘‘intermediate’’ majoritarian self-government—is in no dan- the high court marked the third time Bren- standard of scrutiny still in place. Until ger of being forgotten or disregarded simply nan had been appointed or elevated to a these rulings, states could, and did, treat because he has left the bench.’’ court by a Republican official. The ability to women differently from men in a variety of Georgetown University law professor Mark bridge differences would distinguish his ways, imposing different requirements for V. Tushnet, who has read through the pri- early career on the high court. everything from beer drinking to alimony. E1544 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1997 In another area of equal rights, Brennan (Marshall retired in 1991 and died in 1993), Brennan was the author of a 1987 decision, was a strong advocate of affirmative action. they were alone in opposition to capital pun- Edward v. Aguillard, that invalidated a Lou- In the 1979 United Steelworkers of America ishment as cruel and unusual punishment. isiana requirement that any public school v. Weber, he wrote for the court that federal One of Brennan’s best-known opinions is teacher who taught evolution also teach anti-discrimination law does not bar employ- his 1964 New York Times v. Sullivan, which ‘‘creation science.’’ In the related area con- ers from adopting race-based affirmative ac- made it harder for public officials to sue the cerning the free exercise of religion, Brennan tion programs to boost the number of blacks media. penned a majority opinion in 1963 that only in the work force and management. In it, he referred to ‘‘a profound national a compelling state interest could justify lim- In 1990, his last term, Brennan was the au- commitment to the principle that debate on thor of a decision upholding Congress’s pref- itations on religious liberty. Rehnquist, who public issues should be uninhibited, robust, was often on the opposite side of Brennan, erential treatment of blacks and other racial and wide-open, and that it may well include wrote after he retired that ‘‘Brennan’s abili- minorities in awarding broadcast licenses. vehement, caustic, and sometimes unpleas- ties as a judicial craftsman, and his willing- The court said the affirmative action pro- antly sharp attacks on government and pub- gram was justified by Congress’s interest in ness to accept ‘half a loaf’ if that were nec- lic officials.’’ broadcast diversity. The case, Metro Broad- essary to obtain a court opinion, played a Like many of his path-breaking opinions, casting Inc. v. Federal Communications large part in translating what had at first Brennan’s free speech decisions often engen- Commission, was overturned in 1995 as the dered political outrage. Such was the case been dissenting views into established juris- court increased its scrutiny of federal af- prudence.’’ firmative action programs. for his majority opinions in 1989 and 1990 de- When the court invalidated state death cisions striking down bans on flag burning. Brennan first married in 1928 to Marjorie penalty laws in 1972 in Furman v. Georgia, Said Brennan, ‘‘the government may not Leonard. They had two sons and a daughter. Brennan wrote, ‘‘Death is an unusually se- prohibit expression simply because it dis- Marjorie Brennan died of cancer in 1982 after vere and degrading punishment; there is a agrees with the message.’’ a lengthy illness. The following year, Bren- strong probability that it is inflicted arbi- In the area of religion, Brennan favored a nan married Mary Fowler, his secretary of trarily.’’ A court should determine ‘‘whether high wall of separation between church and more than 20 years. They announced the a punishment comports with human dignity. state. Appeals Judge Richard Arnold of Lit- news of their wedding to the rest of the court Death, quite simply, does not.’’ tle Rock, Ark., who as a young lawyer with a memorandum that said: ‘‘Mary Fowl- clerked for Brennan, once summed up Bren- Four years later, when a majority rein- er and I were married yesterday and we have nan’s view: ‘‘In short, religion is too impor- stated the death penalty with a requirement gone to Bermuda.’’ for safeguards on its imposition. Brennan tant to be co-opted by the state for political and his colleague and judicial soul mater, or governmental ends. . . . As Justice Bren- In addition to his wife, he is survived by Justice Thurgood Marshall, dissented. To- nan understands, public and ostentatious his three children, William J. III, Hugh ward the end of their tenures on the court piety can be the enemy of true religion.’’ Leonard, and Nancy, and grandchildren. July 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1545 SENATE COMMITTEE MEETINGS Foreign Relations and budget of the Forest Service for Title IV of Senate Resolution 4, Business meeting, to consider the Agree- the Alaska region. ment between the Government of the agreed to by the Senate on February 4, SD–366 United States and the Government of 10:00 a.m. 1977, calls for establishment of a sys- Hong Kong for the Surrender of Fugi- Banking, Housing, and Urban Affairs tem for a computerized schedule of all tive Offenders signed at Hong Kong on Business meeting, to mark up S. 1026, au- meetings and hearings of Senate com- December 20, 1996 (Treaty Doc. 105–3), thorizing funds for the Export-Import mittees, subcommittees, joint commit- S. Con. Res. 39, expressing the sense of Bank of the United States. tees, and committees of conference. the Congress that the German Govern- SD–538 This title requires all such committees ment should expand and simplify its Governmental Affairs to notify the Office of the Senate Daily reparations system, provide repara- To continue hearings to examine certain Digest—designated by the Rules Com- tions to Holocaust survivors in Eastern matters with regard to the commit- and Central Europe, and set up a fund mittee—of the time, place, and purpose tee’s special investigation on campaign to help cover the medical expenses of of the meetings, when scheduled, and financing. Holocaust survivors, and pending nomi- any cancellations or changes in the nations. SH–216 meetings as they occur. SD–419 Judiciary As an additional procedure along Governmental Affairs Business meeting, to consider pending with the computerization of this infor- To resume hearings to examine certain calendar business. mation, the Office of the Senate Daily matters with regard to the commit- SD–226 Digest will prepare this information for tee’s special investigation on campaign 2:00 p.m. printing in the Extensions of Remarks financing. Judiciary section of the CONGRESSIONAL RECORD SH–216 Immigration Subcommittee on Monday and Wednesday of each Judiciary To hold hearings to review annual refu- week. To resume hearings to examine certain gee admissions. Meetings scheduled for Tuesday, July issues with regard to the proposed SD–226 Global Tobacco Settlement which will 29, 1997, may be found in the Daily Di- 2:30 p.m. mandate a total reformation and re- Rules and Administration gest of today’s RECORD. structuring of how tobacco products Business meeting, to consider the status MEETINGS SCHEDULED are manufactured, marketed and dis- of the investigation into the contested tributed in America. Senate election in Louisiana. JULY 30 SD–226 SR–301 2:00 p.m. 9:30 a.m. Energy and Natural Resources AUGUST 1 Commerce, Science, and Transportation National Parks, Historic Preservation, and Communications Subcommittee Recreation Subcommittee 9:30 a.m. To hold hearings on the regulation of To hold hearings to review the manage- Joint Economic international satellites. ment and operations of concession pro- To hold hearings to examine the employ- SR–253 grams within the National Park Sys- ment-unemployment situation for Energy and Natural Resources tem. July. Business meeting, to consider pending SD–366 1334 Longworth Building calendar business. Select on Intelligence 10:00 a.m. SD–366 To hold closed hearings on intelligence Judiciary Environment and Public Works matters. To hold hearings on S. 1059, to amend the Administrative Oversight and the Courts SH–219 National Wildlife Refuge System Ad- Subcommittee 2:30 p.m. ministration Act of 1966 to improve the To hold hearings to review the operation Rules and Administration management of the National Wildlife of the FBI crime laboratory. Business meeting, to consider the status Refuge System. SD–226 of the investigation into the contested SD–406 2:00 p.m. Senate election in Louisiana. Indian Affairs Judiciary SR–301 Business meeting, to mark up S. 569, to Administrative Oversight and the Courts amend the Indian Child Welfare Act of Subcommittee JULY 31 1978 to provide for retention by an In- To hold hearings to examine the negative dian tribe of exclusive jurisdiction over 9:00 a.m. impact of bankruptcy on local edu- child custody proceedings involving In- Agriculture, Nutrition, and Forestry cation funding. To hold hearings to examine how trade dian children and other related require- SD–226 ments; to be followed by an oversight opportunities and international agri- hearing on the Bureau of Indian Affairs cultural research can stimulate eco- Special Trustee’s strategic plan to re- nomic growth in Africa, thereby en- form the management of Indian trust hancing African food security and in- POSTPONEMENTS funds. creasing U.S. exports. SD–106 SR–332 JULY 29 10:00 a.m. 9:30 a.m. Banking, Housing, and Urban Affairs Commerce, Science, and Transportation 10:00 a.m. Financial Services and Technology Sub- To hold hearings on S. 268, to regulate Judiciary committee flights over national parks. To hold hearings to examine the copy- To resume hearings to review informa- SR–253 right infringement liability of on-line tion processing challenges of the Year Energy and Natural Resources and Internet service providers. 200 for certain financial institutions. To hold oversight hearings to examine SD–226 SD–538 the organizational structure, staffing, Monday, July 28, 1997 Daily Digest

HIGHLIGHTS Senate passed Energy and Water Appropriations, 1998. The House passed H.R. 2209, Legislative Branch Appropriations Act The House passed 12 measures on motions to suspend the rules. Senate tions for the Department of Transportation and re- Chamber Action lated agencies for the fiscal year ending September Routine Proceedings, pages S8161–S8206 30, 1998, taking action on amendments proposed Measures Introduced: Six bills and two resolutions thereto, as follows: Pages S8180±85 were introduced, as follows: S. 1072–1077, S.J. Res. Pending: 36, and S. Con. Res. 44. Page S8186 Shelby (for D’Amato/Moynihan) Amendment No. Measures Passed: 1022, to direct a transit fare study in the New York City metropolitan area. Pages S8183±85 Authorizing Use of Catafalque: Senate agreed to A unanimous-consent agreement was reached pro- H. Con. Res. 123, providing for the use of the cata- viding for further consideration of the bill and cer- falque situated in the crypt beneath the rotunda of tain amendments to be proposed thereto, on Tues- the Capitol in connection with memorial services to day, July 29, 1997. Page S8185 be conducted in the Supreme Court Building for the A further consent agreement was reached provid- late honorable William J. Brennan, former Associate ing that upon disposition of all amendments to S. Justice of the Supreme Court of the United States. 1048, Senate proceed to a vote on final passage of Pages S8170±71 H.R. 2169, House companion measure, that all after Authorizing Use of Capitol Grounds: Senate the enacting clause be stricken and the text of S. agreed to S. Con. Res. 33, authorizing the use of the 1048, as amended, be inserted in lieu thereof, the Capitol Grounds for the National SAFE KIDS Cam- Senate insist on its amendment, the chair be author- paign SAFE KIDS Buckle Up Car Seat Check Up. ized to appoint conferees on the part of the Senate, Page S8171 and S. 1048 be placed back on the Senate calendar. Energy/Water Appropriations, 1998: Pursuant to Page S8185 the order of July 15, 1997, Senate passed H.R. Commerce, Justice, State, the Judiciary Appro- 2203, making appropriations for energy and water priations, 1998—Agreement: A unanimous-consent development for the fiscal year ending September agreement was reached providing for further consid- 30, 1998, after striking all after the enacting clause eration of S. 1022, making appropriations for the and inserting in lieu thereof the text of S. 1004, Departments of Commerce, Justice, and State, the Senate companion measure, as passed by the Senate, Judiciary, and related agencies for the fiscal year Senate insisted on its amendment, requested a con- ending September 30, 1998, and amendments pend- ference with the House thereon, and the Chair ap- ing thereto, on Tuesday, July 29, 1997, with a vote pointed the following conferees: Senators Domenici, on final passage to occur thereon. Page S8206 Cochran, Gorton, McConnell, Bennett, Burns, Craig, Messages From the President: Senate received the Stevens, Reid, Byrd, Hollings, Murray, Kohl, and following messages from the President of the United Dorgan. Page S8175 States: Subsequently, passage of S. 1004 was vitiated and Transmitting the report entitled ‘‘The Policy on the bill was indefinitely postponed. Page S8175 Protection of National Information Infrastructure Transportation Appropriations, 1998: Senate Against Strategic Attack’’; referred to the Committee began consideration of S. 1048, making appropria- on Armed Services. (PM–56). Page S8186 D835 D836 CONGRESSIONAL RECORD — DAILY DIGEST July 28, 1997 Nominations Received: Senate received the follow- Virginia, to be Deputy Director of the Office of Per- ing nominations: John C. Angell, of Maryland, to be sonnel Management, after the nominees testified and an Assistant Secretary of Energy (Congressional and answered questions in their own behalf. Mr. Omas Intergovernmental Affairs). was introduced by Senator Lott and former Rep- Marshall S. Smith, of California, to be Deputy resentative Edward J. Derwinski, and Ms. Lachance Secretary of Education. Page S8206 was introduced by Senator Robb. Nomination withdrawn: Senate received notifica- OLYMPICS BOMBING INCIDENT tion of the withdrawal of the following nomination: Niranjan S. Shah, of Illinois, to be a Member of Committee on the Judiciary: Subcommittee on Tech- the Board of Directors of the National Institute of nology, Terrorism, and Government Information Building Sciences, which was sent to the Senate on concluded hearings to examine federal law enforce- ment efforts with regard to the investigation of the January 9, 1997. Page S8206 circumstances surrounding the interview of Richard Messages From the President: Pages S8185±86 Jewell in connection with the July 27, 1996 bomb- Messages From the House: Page S8186 ing at Centennial Olympic Park in Atlanta, after re- ceiving testimony from Louis J. Freeh, Director, Fed- Communications: Page S8186 eral Bureau of Investigation, and Michael E. Shaheen Statements on Introduced Bills: Pages S8186±S8202 Jr., Counsel, Office of Professional Responsibility, Additional Cosponsors: Pages S8202±03 both of the Department of Justice. Amendments Submitted: Page S8203 INTERNET GAMBLING PROHIBITION ACT Notices of Hearings: Pages S8203±04 Committee on the Judiciary: Subcommittee on Tech- Authority for Committees: Page S8204 nology, Terrorism, and Government Information concluded hearings on S. 474, to enforce regulations Additional Statements: Pages S8204±06 prohibiting the interstate or foreign transmission of Adjournment: Senate convened at 12 noon, and ad- gambling information against certain computer serv- journed at 7:01 p.m., until 10 a.m., on Tuesday, ice providers, after receiving testimony from Senator July 29, 1997. (For Senate’s program, see the re- Bryan; Wisconsin Attorney General James E. Doyle, marks of the Acting Majority Leader in today’s Madison; Jeff Pash, National Football League, New Record on page S8206.) York, New York; Ann Geer, National Coalition Against Gambling Expansion, Washington, D.C.; Committee Meetings and Anthony Cabot, Lionel Sawyer & Collins, Las Vegas, Nevada. (Committees not listed did not meet) MEDICARE REFORM: HOME HEALTH CARE CAMPAIGN FINANCING Special Committee on Aging: Committee concluded Committee on Governmental Affairs: Committee met in hearings on Medicare reform proposals, focusing on closed session to discuss certain issues with regard to methods to identify and reduce the amount of fraud, the committee’s special investigation on campaign fi- waste, and abuse in the home health care system, nancing. after receiving testimony from George F. Grob, Dep- uty Inspector General, Department of Health and NOMINATIONS Human Services; Leslie G. Aronovitz, Manager, Gen- Committee on Governmental Affairs: Committee con- eral Accounting Office; Mary L. Ellis, Wellmark, cluded hearings on the nominations of George A. Inc., Des Moines, Iowa; Bobby P. Jindal, Louisiana Omas, of Mississippi, to be a Commissioner of the Department of Health and Hospitals, Baton Rouge; Postal Rate Commission, and Janice R. Lachance, of and an incarcerated witness. July 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D837 House of Representatives Aggression by Canadian Fishermen: H. Con. Chamber Action Res. 124, amended, expressing the sense of the Con- Bills Introduced: 3 public bills, H.R. 2278–2280; gress regarding acts of illegal aggression by Canadian 3 resolutions, H. Con. Res. 127–128 and H. Res. fishermen with respect to the Pacific Salmon Fishery; 200, were introduced. Page H5916 Pages H5836±38 Reports Filed: Reports were filed today as follows: SAFE KIDS Campaign: H. Con. Res. 98, au- H.R. 1596, to amend title 28, United States thorizing the use of the Capitol grounds for the Safe Code, to authorize the appointment of additional Kids Buckle Up Car Seat Safety Check; bankruptcy judges (H. Rept. 105–208); Pages H5838±40 H.R. 1855, to establish a moratorium on large Assault upon the Democratically Elected Gov- fishing vessels in Atlantic herring and mackerel fish- ernment of Cambodia: H. Res. 195, amended, con- eries, amended (H. Rept. 105–209); cerning the crisis in Cambodia; Pages H5840±43 H.R. 29, to designate the Federal building located at 290 Broadway in New York, New York, as the Death on the High Seas Act: H.R. 2005, amend- ‘‘Ronald H. Brown Federal Building’’ (H. Rept. ed, to amend title 49, United States Code, to clarify 105–210); the application of the Act popularly known as the H.R. 824, to redesignate the Federal building lo- ‘‘Death on the High Seas Act’’ to aviation incidents. cated at 717 Madison Place, NW., in the District of Agreed to amend the title; Pages H5843±45 Columbia, as the ‘‘Howard T. Markey National Democratic People’s Republic of Korea and Re- Courts Building’’ (H. Rept. 105–211); public of Korea: H. Con. Res. 74, amended, con- H.R. 1851, to designate the United States court- cerning the situation between the Democratic Peo- house located at 200 South Washington Street in ple’s Republic of Korea and the Republic of Korea; Alexandria, Virginia, as the ‘‘Martin V. B. Bostetter, Pages H5845±47 Jr. United States Courthouse’’ (H. Rept. 105–212); Republic of Congo: H. Res. 175, amended, ex- H. Res. 198, providing for consideration of H.R. pressing concern over the outbreak of violence in the 2266, making appropriations for the Department of Republic of Congo and the resulting threat to sched- Defense for the fiscal year ending September 30, uled elections and constitutional government in that 1998 (H. Rept. 105–213); and country; Pages H5847±48 H. Res. 199, providing for consideration of H.R. Bankruptcy Judgeship Act: H.R. 1596, to amend 2264, making appropriations for the Departments of title 28, United States Code, to authorize the ap- Labor, Health and Human Services, and Education, pointment of additional bankruptcy judges; and related agencies for the fiscal year ending Sep- Pages H5848±54 tember 30, 1998 (H. Rept. 105–214). Pages H5915±16 Employees at Ft. Campbell, Kentucky, Columbia River Hydroelectric Facilities, and Missouri River Speaker Pro Tempore: Read a letter from the Hydroelectric Facilities: H.R. 1953, to clarify State Speaker wherein he designated Representative authority to tax compensation paid to certain em- Gutknecht to act as Speaker pro tempore for today. ployees; Pages H5854±57 Page H5829 Private Security Officer Quality Assurance Act: Suspensions: The House agreed to suspend the rules H.R. 103, to expedite State reviews of criminal and pass the following measures: records of applicants for private security officer em- Herring and Mackerel Fishing Moratorium: ployment; and Pages H5857±60 H.R. 1855, amended, to establish a moratorium on Elimination of Special Transition Rule For Cer- large fishing vessels in Atlantic herring and mackerel tain Children: H.R. 1109, to amend the Immigra- fisheries; Pages H5832±34 tion and Nationality Technical Corrections Act of New Mexico Trust Funds: S. 430, to amend the 1994 to eliminate the special transition rule for issu- Act of June 20, 1910, to protect the permanent ance of a certificate of citizenship for certain children trust funds of the State of New Mexico from erosion born outside the United States. Subsequently, S. due to inflation and modify the basis which distribu- 670, a similar Senate-passed bill, was passed, clear- tions are made from those funds—clearing the meas- ing the measure for the President; and H.R. 1109 ure for the President; Pages H5834±36 was laid on the table. Pages H5864±65 D838 CONGRESSIONAL RECORD — DAILY DIGEST July 28, 1997 Suspensions—Votes Postponed: The House com- Rejected: pleted debate on motions to suspend the rules and The Fazio amendment that sought to reduce fund- pass the following measures upon which votes were ing for the Joint Committee on Taxation by postponed: $283,000 for five additional staff members (rejected Violent Crimes by Repeat Offenders: H. Con. by a recorded vote of 199 ayes to 213 noes, Roll No. Res. 75, expressing the sense of the Congress that 332); and Pages H5885±89, H5892 The Klug amendment that sought to reduce the States should work more aggressively to attack the Government Printing Office workyears by 350 (a re- problem of violent crimes committee by repeat of- corded vote of 170 ayes to 242 noes, Roll No. 333). fenders and criminals serving abbreviated sentences; Pages H5889±90, H5892±93 and Pages H5860±64 Agreed to H. Res. 197, the rule providing for Expanded War Crimes Act of 1997: H.R. 1348, consideration of the bill on July 25. Pages H5783±93 amended, to amend title 18, United States Code, re- DOD Authorization Act Conference Modifica- lating to war crimes. Pages H5865±68 tion: The Chair announced the following modifica- Foreign Relations Authorization Act: The House tion to the conference appointment of July 25 to disagreed to the Senate amendment to H.R. 1757, H.R. 1119, to authorize appropriations for fiscal to consolidate international affairs agencies and to years 1998 and 1999 for military activities of the authorize appropriations for the Department of State Department of Defense, to prescribe military person- and related agencies for fiscal years 1998 and 1999, nel strengths for fiscal years 1998 and 1999: Rep- and requested a conference. Page H5868 resentative McKeon is added to the panel from the Appointed as conferees for consideration of the Committee on National Security to follow Rep- House bill (except title XXI) and the Senate amend- resentative Bartlett; and the first proviso to the panel ment, and modifications committed to conference: from the Committee on Resources is stricken. Representatives Gilman, Goodling, Leach, Hyde, Be- Page H5895 reuter, Smith of New Jersey, Hamilton, Gejdenson, Presidential Message: Read a message from the Lantos, and Berman; and for consideration of title President wherein he transmitted his report covering XXI of the House bill, and modifications committed the policy on the Protection of the National Infor- to conference: Representatives Gilman, Hyde, Smith mation Infrastructure Against Strategic Attack—re- of New Jersey, Hamilton, and Gejdenson. Page H5868 ferred to the Committee on National Security. Legislative Branch Appropriations: By a yea and Page H5895 nay vote of 214 yeas to 203 nays, Roll No. 335, the Senate Messages: Message received from the Senate House passed H.R. 2209, making appropriations for today appears on page H5829. the Legislative Branch for the fiscal year ending Sep- Referrals: S. 833, to designate the Federal building tember 30, 1998. Pages H5868±95 courthouse at Public Square and Superior Avenue in By a yea and nay vote of 198 yeas to 220 nays, Cleveland, Ohio, as the ‘‘Howard M. Metzenbaum Roll No. 334, rejected the Gejdenson motion to re- United States Courthouse’’; S. 1000, to designate the commit the bill to the Committee on Appropriations United States courthouse at 500 State Avenue in with instructions to report it back to the House Kansas City, Kansas, as the ‘‘Robert J. Dole United with an amendment to ensure that all funds in the States Courthouse’’; and S. 1043, to designate the bill to support the Reserve Fund providing for the United States courthouse under construction at the hiring of additional committee staff and other relat- corner of Las Vegas Boulevard and Clark Avenue in ed expenses pursuant to clause 5(a) of rule XI are de- Las Vegas, Nevada, as the ‘‘Lloyd D. George United leted. Pages H5893±95 States Courthouse’’ were referred to the Committee Agreed To: on Transportation and Infrastructure. S. Con. Res. The Davis of Virginia amendment that allows the 43, urging the United States Trade Representative Chief Administrative Officer of the House to donate immediately to take all appropriate action with re- surplus computer equipment to public elementary gards to Mexico’s imposition of antidumping duties and secondary schools of the District of Columbia; on United States high fructose corn syrup was re- ferred to the Committee on Ways and Means. and Pages H5884±85 The Roemer amendment that requires unexpended Page H5913 office funds in the Salaries and Expenses—Members’ Amendments: Amendments ordered printed pursu- Representational Allowances account to be returned ant to the rule appear on pages H5917–19. to the U.S. Treasury at the end of each fiscal year Quorum Calls—Votes: Two yea-and-nay votes and for deficit reduction. Pages H5890±91 two recorded votes developed during the proceedings July 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D839 of the House today and appear on pages H5892, Testimony was heard from Representatives Young of H5892–93, H5894–95, and H5895. There were no Florida, Smith of New Jersey, and Murtha. quorum calls. Adjournment: Met at 12:30 p.m. and adjourned at LABOR, HHS, AND EDUCATION 11:30 p.m. APPROPRIATIONS Committee on Rules: The committee granted, by voice Committee Meetings vote, an open rule on H.R. 2264, making appropria- tions for the Departments of Labor, Health and ENERGY DEPARTMENT WASTE-SITE Human Services, and Education, and related agencies CLEAN-UP CONTRACTS for the fiscal year ending September 30, 1998, pro- Committee on Commerce: Subcommittee on Oversight viding one hour of general debate equally divided and Investigations held a hearing on the Department between the chairman and ranking minority member of Energy’s Implementation of Contract Reform: of the Committee on Appropriations. The rule Problems with the Fixed-Price Contract to Clean Up waives all points of order against consideration of the Pit 9. Testimony was heard from Victor S. Rezendes, bill. The rule waives clause 6 (prohibiting reappro- Director, Energy, Resources, and Science Issues, Re- priations in an appropriations bill) of rule XXI sources, Community, and Economic Development against provisions in the bill and clause 2 of rule Division, GAO; Randall F. Smith, Director, Office XXI (prohibiting unauthorized and legislative provi- of Environmental Cleanup for Region 10, EPA; and sions in an appropriations bill) against provisions in Kathleen E. Trever, Coordinator-Manager, INEEL the bill except as otherwise specified in the rule. The Oversight Program, Division of Environmental rule makes in order only those amendments printed Quality, State of Idaho. in the report of the Committee on Rules which may Hearings continue tomorrow. only be offered by the Member designated, shall be DEFENSE APPROPRIATIONS considered as read, shall not be subject to amend- ment except as specified in the report and except pro Committee on Rules: The committee granted, by voice forma amendments offered for the purpose of debate, vote, an open rule on H.R. 2266, making appropria- and shall not be subject to a demand for a division tions for the Department of Defense for the fiscal of the question in the House or in the Committee year ending September 30, 1998, providing one hour of the Whole. All points of order against the amend- of general debate equally divided between the chair- ments are waived. The rule authorizes the Chair to man and ranking minority member of the Commit- accord priority in recognition to Members who have tee on Appropriations. The rule waives points of preprinted their amendments in the Congressional order against consideration of the bill for failure to Record. The rule allows for the Chairman of the comply with clause 2(I)(6) of rule XI (the 3-day re- Committee of the Whole to postpone votes during quirement for availability of the report), clause 7 of consideration of the bill, and to reduce to five min- rule XXI (the 3-day requirement for availability of utes on a postponed question if the vote follows a printed hearings on appropriations bills), or section fifteen minute vote. The rule waives clause 2(e) of 306 of the Congressional Budget Act of 1974 (pro- rule XXI (prohibiting non-emergency amendments hibiting consideration of bills containing matters to be offered to a bill containing an emergency des- within the jurisdiction of the Committee on the ignation under the Budget Act) against amendments Budget which have not been reported by the Budget to the bill. Finally, the rule provides one motion to Committee). The rule waives points of order against recommit, with or without instructions. Testimony provisions in the bill which do not comply with was heard from Representatives Porter, Hyde, Good- clause 2 of rule XXI (prohibiting unauthorized ap- ling, Istook, Manzullo, Riggs, Obey, and Lowey. propriations and legislation on general appropriations bills) and clause 6 of rule XXI (prohibiting transfers COMPUTER SECURITY ENHANCEMENT ACT of unobligated balances). The rule provides for prior- ity in recognition for those amendments that are Committee on Science: Subcommittee on Technology pre-printed in the Congressional Record. The rule approved for full Committee action amended H.R. provides that the chairman of the Committee of the 1903, Computer Security Enhancement Act of 1997. Whole may postpone votes on any amendment and f that the chairman may reduce voting time on post- poned questions to 5 minutes, provided that the vot- NEW PUBLIC LAWS ing time on the first in a series of questions is not (For last listing of Public Laws, see DAILY DIGEST, p. D790) less than 15 minutes. Finally, the rule provides one S.J. Res. 29, to direct the Secretary of the Interior motion to recommit with or without instructions. to design and construct a permanent addition to the D840 CONGRESSIONAL RECORD — DAILY DIGEST July 28, 1997 Franklin Delano Roosevelt Memorial in Washington, ing on the problem and impact of judicial activism, D.C. Signed July 24, 1997. (P.L. 105–29) whereby federal judges’ decisions are based on policy pref- H.R. 1901, to clarify that the protections of the erences, 2 p.m., SD–226. Federal Tort Claims Act apply to the members and Committee on Labor and Human Resources, to hold hear- personnel of the National Gambling Impact Study ings to examine the status of educational opportunities Commission. Signed July 25, 1997. (P.L. 105–30) for low-income children, 9:30 a.m., SD–430. Select Committee on Intelligence, closed briefing on intel- H.R. 2018, to waive temporarily the Medicaid en- ligence matters, 2 p.m., SH–219. rollment composition rule for the Better Health Plan of Amherst, New York. Signed July 25, 1997. (P.L. NOTICE 105–31) For a listing of Senate committee meetings sched- f uled ahead, see page E1545 in today’s Record. COMMITTEE MEETINGS FOR TUESDAY, JULY 29, 1997 House (Committee meetings are open unless otherwise indicated) Committee on Appropriations, to consider the Treasury, Postal Service, and General Government appropriations Senate for fiscal year 1998, 8:30 p.m., 2359 Rayburn. Committee on Agriculture, Nutrition, and Forestry, to hold Committee on Banking and Financial Services, oversight hearings to examine the effect of the Federal Agriculture hearing on Government Performance And Results Act, 10 Improvement and Reform Act (P.L. 104–127) on price a.m., 2128 Rayburn. and income volatility, and the proper role of the Federal Committee on Commerce, Subcommittee on Oversight and government to manage volatility and protect the integrity Investigations, to continue hearings on the Department of of agricultural markets, 9 a.m., SR–332. Energy’s Implementation of Contract Reform: Problems Committee on Banking, Housing, and Urban Affairs, to with the Fixed-Price Contract to Clean Up Pit 9, 10 hold hearings to examine automatic teller machine (ATM) a.m., 2322 Rayburn. surcharges and fees, 10 a.m., SD–538. Subcommittee on Telecommunications, Trade, and Committee on Commerce, Science, and Transportation, to Consumer Protection, hearing on Video Competition: The hold hearings on proposed legislation relating to the Status of Competition Among Video Delivery Systems, Global Tobacco settlement litigation, 10:30 a.m., 10 a.m., 2123 Rayburn. SD–G50. Committee on Education and the Workforce, Subcommittee Committee on Energy and Natural Resources, to hold hear- on Postsecondary Education, Training and Life-Long ings on S. 967, to amend the Alaska Native Claims Set- Learning, to continue hearings on H.R. 6, the Higher tlement Act and the Alaska National Interest Lands Con- Education Amendments of 1998, 9:30 a.m., 2175 Ray- servation Act to benefit Alaska natives and rural resi- burn. dents, and S. 1015, to provide for the exchange of lands Committee on Government Reform and Oversight, Sub- within Admiralty Island National Monument, 9:30 a.m., committee on Government Management, Information, SD–366. and Technology, oversight hearing of Metropolitan Statis- Committee on Foreign Relations, to hold hearings on the tical Areas, 9:30 a.m., 2154 Rayburn. nominations of Richard Dale Kauzlarich, of Virginia, to Subcommittee on Government Management, Informa- be Ambassador to the Republic of Bosnia and tion, and Technology, oversight hearing of Statistical Pro- Herzegovina, James W. Pardew, Jr., of Virginia, for the posals, 2:00 p.m., 2154 Rayburn. rank of Ambassador during his tenure of service as U.S. Committee on the Judiciary, Subcommittee on Commer- Special Representative for Military Stabilization in the cial and Administrative Law, oversight hearing on the Balkans, Anne Marie Sigmund, of the District of Colum- EPA’s rulemaking on National Ambient Air Quality bia, to be Ambassador to the Kyrgyz Republic, Keith C. Standards for Particular Matter and Ozone, 10 a.m., 2226 Smith, of California, to be Ambassador to the Republic Rayburn. of Lithuania, Daniel V. Speckhard, of Wisconsin, to be Committee on National Security, Subcommittee on Mili- Ambassador to the Republic of Belarus, Philip Lader, of tary Personnel, hearing on Reserve Component issues re- South Carolina, to be Ambassador to the United King- sulting from the Quadrennial Defense Review, 2:00 p.m., dom of Great Britain and Northern Ireland, and Felix 2118 Rayburn. George Rohatyn, of New York, to be Ambassador to Committee on Resources, Subcommittee on Water and France, 10 a.m., SD–419. Power, hearing on H.R. 2007, to amend the Act that au- Committee on Governmental Affairs, to resume hearings to thorized the Canadian River reclamation project, Texas, examine certain matters with regard to the committee’s to direct the Secretary of the Interior to allow use of the special investigation on campaign financing, 10 a.m., project distribution system to transport water from SH–216. sources other than the project; and to mark up the fol- Committee on the Judiciary, Subcommittee on Constitu- lowing bills: H.R. 2007, and H.R. 134, to authorize the tion, Federalism, and Property Rights, to resume hearings Secretary of the Interior to provide a loan guarantee to to examine issues with regard to the constitutional role the Olivenhain water storage project, 2:00 p.m., 1324 of federal judges to decide cases and controversies, focus- Longworth. July 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D841 Committee on Science, to mark up the following bills: Joint Meetings H.R. 1903, Computer Security Enhancement Act of 1997: H.R. 922, Human Cloning Research Prohibition Conferees, on H.R. 1757, to consolidate international af- Act of 1997; and H.R. 2249, to reauthorize appropria- fairs agencies and to authorize appropriations for the De- tions for carrying out the Earthquake Hazards Reduction partment of State and related agencies for the fiscal years Act of 1997 for fiscal years 1998 and 1999, 1 p.m., 2318 1998 and 1999, 10:30 a.m., S–116, Capitol. Rayburn. D842 CONGRESSIONAL RECORD — DAILY DIGEST July 28, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 29 9 a.m., Tuesday, July 29

Senate Chamber House Chamber Program for Tuesday: After the recognition of certain Program for Tuesday: Consideration of H.R. 2266, De- Senators for speeches and the transaction of any morning partment of Defense Appropriations Act for FY 1998 business (not to extend beyond 11:30 a.m.), Senate will (open rule, 1 hour of general debate). resume consideration of S. 1022, Commerce, Justice, State Appropriations, 1998, with a vote on final passage to occur thereon, and resume consideration of S. 1048, Transportation Appropriations, 1998. (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- spective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Conyers, John, Jr., Mich., E1542 Miller, George, Calif., E1536 Costello, Jerry F., Ill., E1536 Packard, Ron, Calif., E1541 Ballenger, Cass, N.C., E1537 DeFazio, Peter A., Ore., E1541 Ramstad, Jim, Minn., E1536 Bentsen, Ken, Tex., E1537 Forbes, Michael P., N.Y., E1535 Schiff, Steven, N.M., E1536 Bilirakis, Michael, Fla., E1537 Green, Gene, Tex., E1541 Solomon, Gerald B.H., N.Y., E1540 Carson, Julia, Ind., E1541 Hamilton, Lee H., Ind., E1535, E1538 Clement, Bob, Tenn., E1535 Lewis, Jerry, Calif., E1537

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.