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

Vol. 144 WASHINGTON, WEDNESDAY, JULY 15, 1998 No. 94 House of Representatives The House met at 9:00 a.m. penditures from education individual The Assistant to the Sergeant at The Chaplain, Rev. James David retirement accounts for elementary Arms, Richard Wilson, announced the Ford, D.D., offered the following pray- and secondary school expenses, to in- President pro tempore and Members of er: crease the maximum annual amount of the U.S. Senate, who entered the Hall O gracious God, whose love is given contributions to such accounts, and for of the House of Representatives, the freely to all creation and whose mercy other purposes. President pro tempore taking the chair is without end, accept our prayers and f at the right of the Speaker, and the petitions this day. Members of the Senate the seats re- ANNOUNCEMENT BY THE SPEAKER We place before You, O God, our served for them. thanksgivings and praise for all Your The SPEAKER. The Chair desires to The SPEAKER. The Chair appoints goodness to us and to all people, for make an announcement. as members of the committee on the You have blessed us when we did not After consultation with the majority part of the House to escort his excel- deserve and You have healed us in spite and minority leaders, and with their lency, H.E. Emil Constantinescu, into of our errors. We confess that we have consent and approval, the Chair an- the Chamber: too often missed the mark and not nounces that during the joint meeting The gentleman from Texas (Mr. been receptive to Your grace. to hear an address by His Excellency, ARMEY); Open our thoughts and minds to Your Emil Constantinescu, only the doors the gentleman from (Mr. loving spirit, that we will be Your peo- immediately opposite the Speaker and COX); ple and do the works of justice and of those on his right and left will be open. the gentleman from New York (Mr. peace. No one will be allowed on the floor of GILMAN); In Your name we pray, Amen. the House who does not have the privi- the gentleman from Nebraska (Mr. f lege of the floor of the House. BEREUTER); Due to the large attendance that is THE JOURNAL the gentleman from New York (Mr. anticipated, the Chair feels that the SOLOMON); The SPEAKER. The Chair has exam- rule regarding the privilege of the floor the gentlewoman from Washington ined the Journal of the last day’s pro- must be strictly adhered to. (Ms. Dunn); ceedings and announces to the House Children of Members will not be per- the gentleman from Pennsylvania his approval thereof. mitted on the floor, and the coopera- (Mr. FOX); Pursuant to clause 1, rule I, the Jour- tion of all Members is requested. the gentlewoman from Connecticut nal stands approved. f (Mrs. KENNELLY); f RECESS the gentleman from Maryland (Mr. PLEDGE OF ALLEGIANCE HOYER); The SPEAKER. Pursuant to the the gentleman from Indiana (Mr. The SPEAKER. Will the gentleman order of the House of Tuesday, July 14, HAMILTON); from Ohio (Mr. KUCINICH) come forward 1998, the Chair declares the House in the gentleman from California (Mr. and lead the House in the Pledge of Al- recess, subject to the call of the Chair. LANTOS); and legiance. Accordingly (at 9 o’clock and 7 min- the gentlewoman from California Mr. KUCINICH led the Pledge of Alle- utes a.m.), the House stood in recess, (Ms. PELOSI). giance as follows: subject to the call of the Chair. The PRESIDENT pro tempore. The I pledge allegiance to the Flag of the During the recess, beginning at about President pro tempore of the Senate, at United States of America, and to the Repub- 9:54 a.m., the following proceedings the direction of that body, appoints the lic for which it stands, one nation under God, were had: indivisible, with liberty and justice for all. following Senators as members of the f f committee on the part of the Senate to b 0954 escort the President of into ANNOUNCEMENT BY THE SPEAKER the House Chamber: The SPEAKER. The Chair desires to JOINT MEETING BY THE HOUSE The Senator from Florida (Mr. announce that pursuant to clause 4 of AND SENATE TO HEAR AN AD- MACK); rule I, the Speaker signed the following DRESS BY HIS EXCELLENCY H.E. the Senator from Indiana (Mr. enrolled bill on Thursday, June 25, 1998: EMIL CONSTANTINESCU, PRESI- COATS); H.R. 2646, to amend the Internal Rev- DENT OF ROMANIA the Senator from Indiana (Mr. enue Code of 1986 to allow tax-free ex- The Speaker of the House presided. LUGAR);

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.

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. H5500 CONGRESSIONAL RECORD — HOUSE July 15, 1998

the Senator from Oregon (Mr. SMITH); principle, as well as a source of inspira- During the 1950s and 1960s, hundreds the Senator from South Dakota (Mr. tion to other countries around the of thousands of my countrymen were DASCHLE); and world. But the term ‘‘Land of Free- being thrown in concentration camps the Senator from Delaware (Mr. dom’’ stands also for a virtual commu- and jails, tortured and killed only be- BIDEN). nity of like-minded and like-hearted cause they refused to yield their free- b 1000 people all over the world who believe in dom. Farmers were jailed because they the defense of liberty, of human rights, would not allow their land to be con- The Assistant to the Sergeant at and of human dignity. People of all fiscated. Priests were tortured when Arms announced the Acting Dean of races and backgrounds and religions they refused to forsake their beliefs. the Diplomatic Corps, His Excellency are welcomed to join. Intellectuals were sent to camps be- Dunstan Weston Kamara, Ambassador Regardless of where they live on the cause they chose to defend freedom and of Zambia. globe, people who believe in freedom The Acting Dean of the Diplomatic democracy. are citizens of the virtual Land of Free- In all the eastern and Central Euro- Corps entered the Hall of the House of dom. Since the fall of Communism, its pean countries, the armed resistance Representatives and took the seat re- numbers have grown steadily and en- against communism lasted longest in served for him. Romania. Romania’s freedom fighters The Assistant to the Sergeant at thusiastically. Since 1989, 23 million were thousands of anti-Communist Arms announced the Cabinet of the are among the proudest guerilla fighters who operated in the President of the United States. members. The members of the Cabinet of the Your Founding Fathers have written: Carpathian mountains, including one President of the United States entered When a long train of abuses and usur- in my childhood village. The last mem- the Hall of the House of Representa- pation evinces a design to reduce peo- bers were not subdued until 1961. The tives and took the seats reserved for ple under absolute despotism, it is terrible dramas of those death-sunken them in front of the Speaker’s rostrum. their right, it is their duty to throw off times, of suffering and humiliation, At 10 o’clock and 5 minutes, a.m., the such government, and to provide new were, and perhaps still are, sealed off in Assistant to the Sergeant at Arms an- guards for their future security. This is silence and oblivion. Romanians paid a nounced His Excellency H.E. Emil what the Romania people have done. terrible price for their fierce refusal to Constantinescu, President of Romania. My country threw off the yoke of surrender their freedom. Romania was His Excellency H.E. Emil Communism in 1989, and in 1996, it subjected to the harshest totalitarian Constantinescu, President of Romania, achieved its first fully democratic dictatorship in the region: The regime escorted by the committee of Senators transfer of power. As President of a of the dictator Nicolae Ceausescu. and Representatives, entered the Hall fully democratic Romania, I bring you And yet, in 1989, Romanians sum- of the House of Representatives, and the greetings and the hopes of my fel- moned the courage to rise up against stood at the Clerk’s desk. low citizens. It is their desire to live in that dictatorship: Hundreds of thou- (Applause, the Members rising.) the Land of Freedom alongside you and sands of people took to the streets, de- The SPEAKER. Members of Con- all other people who value freedom, fying Ceausescu’s tanks and troops. gress, it is my great privilege and I human rights and human dignity. This Bare-chested young people chanted: deem it a high honor and personal desire has brought me to America and ‘‘We shall die, but we shall be free’’. pleasure to present to you His Excel- to this historic Chamber today. Over 12,000 of them paid dearly with lency Emil Constantinescu, President In the new global order, this Land of their lives, and thousands more were of Romania. Freedom spans the globe from West to injured during the anti-Communist (Applause, the Members rising.) East and from North to South. revolution in Romania, the only coun- try in central and Eastern Europe to f b 1015 have paid in blood the price of its free- ADDRESS BY HIS EXCELLENCY It is an expansive land of constantly dom. Please allow me here, in this tem- H.E. EMIL CONSTANTINESCU, changing landscape and with ever- ple of democracy and of freedom, to PRESIDENT OF ROMANIA changing contours. Its elusive borders pay homage to all the Romanians, President CONSTANTINESCU. Mr. are defined by each and every individ- known or unknown, who have suffered Speaker, Honorable Senators and Rep- ual who is willing to defend liberty, and died for liberty, and, indeed, to all resentatives, Ladies and Gentlemen: property, and respect the rule of law. people who fight in its cause, anywhere Thank you for your warm welcome. But in such an ever-changing land- in the world. It is a rare honor to be able to ad- scape, people need anchors to keep I am here today as the representative dress those who make the laws of the steady and stable in a sea of change. As of a free, Democratic and proud Roma- United States, the laws of the country the messenger of the Romanian people, nia. I am here to tell you that you may of freedom, and who stand as guardians I am here to tell you that my country always count on us to be vigilant of fundamental human rights in the can and wants to be exactly that, an guardians of the Democratic values we United States and all over the world. anchor of stability in the sometimes share with you, the values we have Throughout its history, your country storm-ridden sea of southeastern Eu- fought so hard to regain. has been a beacon of hope for the op- rope. But for that anchor to keep But it is not enough to have freedom. pressed and the needy, a source of in- steady, we need the acknowledgment Freedom must be maintained and de- spiration for the creative, the coura- and support of the United States of fended on a constant basis. I feel the geous and the achieving. It has always America. best way to meet this challenge is by been, and may it ever remain, the land We, the people of Romania, think we working together in cooperative part- of the free and the home of the brave. have earned it. Even as Romania was nerships with other nations. For I Romania and the United States have dragged into World War II by the Nazi think that all of those who believe in a strong and growing relationship. We regime, 6,000 Romanian citizens joined freedom ought to have the means to de- are linked to the United States by countless to fend their beliefs, together. Romania technology, know-how and capital. We serve proudly in the United States was the first country to join the United are joined by hundreds of thousands of Army, seeing action in the Pacific and States in its Partnership For Peace, Romania’s sons and daughters, people North Africa. Some of these veterans and my fellow citizens have now in- who came to this country over the are here today. On behalf of the Roma- vested their hopes in one day joining years and whose descendants now live nian people, I salute you. In defiance of an expanded NATO. in every corner of your magnificent the country’s unfortunate war alliance, Some of you have strongly supported land. But ever more importantly, Ro- more than 1,400 American pilots and the enlargement of NATO to include manians have always sent to America soldiers were sheltered by the Roma- Romania. For that we are grateful. their most cherished treasure: Their nian people, people who refused to see Others have a less positive view, espe- hopes for freedom. the Americans as enemies, and who in- cially of a so-called ‘‘second wave’’ of We call America the Land of Free- sisted on seeing them as defenders of expansion. I respect your right to dif- dom because this has been its guiding freedom. fer. But as the first Central European July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5501 head of state to address you since the birth to NATO itself. Your country un- Ukraine and the Republic of Moldova, congressional debate over NATO expan- dertook, with great wisdom and vision, and Bulgaria and Turkey, and soon sion, I want to say how deeply I admire the responsibility of world balance and with Greece and Bulgaria, and the role of the world peace. We urge you to do so and Austria, as well as the excellent re- in making this historic decision. The again. Romania does not seek to add to lations with all the Balkan countries, expansion of NATO is a visionary un- this historic burden, but to share it, the Baltic States, and, naturally, Rus- dertaking, a milestone in the history of modestly, yet reliably, as a trusted sia, are tokens of our contribution to Europe and the world. ally and friend. In order to build a fully the regional security architecture, in a I hope you see it in the same way. As prosperous, Democratic and stable Eu- zone still marked by simmering con- a geologist, I have learned that, while rope, one that stretches from the At- flicts. painfully climbing a mountain peak, lantic to the Urals and beyond, the Third, Romania is a key to stability without being able to see it from afar, United States needs to anchor its poli- in the region because it is at the cross- you might fail to grasp its greatness. cies to countries on Europe’s south- roads of the two largest Euro-Asian As a president, I have noticed that eastern flank that share its Demo- trade routes known for thousands of many a time debates and arguments cratic ideas and its commitment to the years: the East-West one, known as the prevent us from spotting, in a storm of region’s stability. ‘‘the Silk Road,’’ running from China events, the ones which will defy eter- Romania is such a country. I would to Spain, and the North-South one, nity. As an ordinary person who thinks even go so far as to say that Romania ‘‘the Amber Road,’’ from Scandinavia about his fate, as well as the fate of his is a key to stability in the southern to the Mediterranean Sea. These roads people and the Eastern European peo- part of Europe. It is a bold statement, will find a new meaning in the global ples, I have understood the tremendous I know, but one that is supported by world of the third millennium. It is force of an idea at work. three important factors. particularly the ‘‘Silk Road’’ project, For more than 1,000 years, the bor- First, Romania is the second largest which will tie Japan and China to Cen- ders of Europe have been drawn or country in the region and centrally lo- tral Asia and Caucasian countries, changed by war, dictate or external cated in a place of strategic impor- Southeastern and Central Europe to pressure. Since the Second World War, tance to the security of the entire area. Western Europe, from the Pacific to NATO has succeeded in maintaining We are truly a crossroads for many di- the Atlantic, that will most likely peace in, and for, Western Europe, and verse cultures and civilizations, west- evolve into the biggest challenge of the fostering well-being and progress in the ern secular, Southern Catholic, East- early third millennium. Last week, I nations that share its mission. At the ern Orthodox and Muslim. Many ob- met with the presidents of Azerbaijan same time, in Europe’s Communist servers have said conflicts seem almost and Georgia to discuss the role our east, old conflicts laid frozen while new inevitable, given Romania’s ethnic countries can play in securing the cen- ones kept emerging. When the Berlin patchwork and complex border situa- tral tier of this vast trading route. Wall collapsed at last, the peoples of tion. United States participation in this the east won their freedom, but not the Still, we have managed to avoid con- great effort is crucial. Not only does ability to put it to use together. flict, both within and along our bor- the United States lend tremendous In this new and traumatic historical ders, and to successfully find political credibility to such an undertaking, but adventure, transition from totalitarian solutions to all potentially divisive it also helps ensure that future trade regimes to democracy and from cen- ethnic and external issues. Today, for will be conducted in a stable region se- trally planned economies to a market example, the Hungarian ethnic minor- cured by open and cooperative Demo- economy, the idea of joining NATO did ity is part of the governing majority. cratic structures. Ethnic conflict arises not merely grow out of a need to be a The sensitive issues of the relations because of a major deficit of democ- part of a defensive military alliance. with the Republic of Moldova and the racy, invariably triggered in our part As a vector of a set of fundamental val- Ukraine have been resolved without of the world by the representatives of ues of modern civilization, it has be- tension. Religious minorities are devel- the old Communist structures, unwill- come the supreme expression capable oping an increasing dialogue with the ing or unable to fit in the new context of harnessing the major goal of human Orthodox majority. Romania’s social and to give up former privileges. In- solidarity. Issues that had seemed im- peace is proof that when a democracy deed, national-communism is not a res- possible to solve, both within and be- is firmly rooted, its institutions can idue but the ultimate expression of tween the various Eastern European weather the storms of social reform. communism itself, with all its stock of countries, can now find a solution hatred, grafted on the demons of chau- b 1030 through joint Democratic exercise that vinistic nationalism. One of the admi- has replaced the harsh logic of con- So the strength of our internal de- rable gestures of American democracy frontation by dialogue and coopera- mocracy is the first reason we are so lies in its assuming, alongside Europe, tion. important to regional stability. moral responsibility for the Holocaust. Let us imagine for just one moment Second, we have strong diplomatic Meditating upon this example helps us the European stage after the fall of and political ties with all countries in understand that we all have the impre- communism, had NATO gotten frozen the area. For example, through good- scriptible duty to be alert to any chau- in its original project, leaving the east will and constant effort on the part of vinistic, anti-Semitic and aggressive of Europe prey to violence and chaos. both countries, Romania has reached deviation. Because aggressive hatred is What would there have been left of an historic agreement with Hungary to like plague; it may recur anytime. It is Eastern Europe, save for ruins, and bring long-sought reconciliation be- in Romania’s interest to contribute to how long would it have lasted before tween our two nations. The strength of Southeastern Europe’s becoming a re- Western Europe and then maybe the this grassroots reconciliation has been gion where different modern, open soci- United States itself had lapsed into the successfully tested many times this eties coexist peacefully, a region where grip of antagonisms? past year. Recently, both our Hungar- democracy, tolerance, freedom and Now that freedom has come to the ian minority and all Romanians were human rights are at home. I believe people of Eastern Europe, we aspire to able to freely and peaceably commemo- this to be in America’s interest as well. take the next step and join a commu- rate the historic events of the 1848 I would like to relate to you what nity of nations bound together by free- democratic revolutions, when our two Romanian opinion polls have repeat- dom, human dignity and prosperity. We countries unfortunately fought against edly shown for the last several years, welcome the chance to share our part one another. We have concluded a namely, that the Romanian people con- of the burden of securing a peaceful fu- sound treaty with the Ukraine, which sider the United States to be our most ture for all of Europe. But to do that, provides for the mutual protection of reliable partner. There is, between our we need your help. our ethnic minorities and starts many people, an underlying closeness of our In many ways this moment is as cru- common projects. souls. One sign of this, I believe, was cial to the future of Europe as were the Romania’s three-party agreements the outpouring of enthusiasm that wel- years after World War II that first gave with Poland and the Ukraine, the comed President Clinton to Bucharest H5502 CONGRESSIONAL RECORD — HOUSE July 15, 1998 last summer. Another more fundamen- means ‘‘little tree.’’ Once on American of tropical forests through debt reduction tal sign is the ongoing effort to build soil, he volunteered for Lincoln’s Army with developing countries with tropical for- the closest possible strategic partner- and fought in some of the key battles ests. ship between our country and the of the Civil War, including Vicksburg The message also announced that the United States. and Atlanta. Our ‘‘little tree’’ went on Senate agrees to the amendment of the Romania is fully committed to form- to become a general in your Army and House to the bill (S. 2282) ‘‘An act to ing and nurturing this special partner- later an American diplomat, serving in amend the Arms Export Control Act, ship. Democracy can only flourish in , where he helped negotiate the and for other purposes.’’ Romania and we can only become a American purchase of Alaska. In 1944, f more positive influence in the region if long after his death, the Romanian our role as a stabilizing force is ac- community in the United States do- ANNOUNCEMENT BY THE SPEAKER knowledged and supported by the nated money to build a battleship, PRO TEMPORE United States and its allies. Romania named for Romanian-American Gen- The SPEAKER pro tempore. The is living proof that Eastern and South- eral George Pomutz. The ship named Chair will entertain 15 1-minute eastern Europe are not doomed to a life for the ‘‘little tree’’ served in peace and speeches on each side. of conflict. But we all have the duty to war, always a symbol of strength and f be on guard against hatred in any vigilance. Over the decades, Pomutz’ form. story attests to the common roots THE BEANIE BABY CAPERGATE Over the past year, Romania has shared by our two people, the closeness (Mr. GIBBONS asked and was given proved that the occasional political of their souls, their love of freedom and permission to address the House for 1 storm matters less than having a sound their willingness to fight in its defense. minute and to revise and extend his re- political foundation that allows us to God bless America. God bless Roma- marks.) weather those storms. We have also nia. God bless the land of freedom. Mr. GIBBONS. Mr. Speaker, as we all learned that despite our profound and f know, the President and his entourage unflinching commitment to privatiza- just recently returned from a 9-day, tion and economic reform, it will be JOINT MEETING DISSOLVED taxpayer-paid, $50 million trip to more difficult to rebuild the Romanian The SPEAKER. The purpose of the China. It appears that America’s economy than we or our friends ex- joint meeting having been completed, tough-talking trade representative, pected. We understand the need to bal- the Chair declares the joint meeting of Charlene Barshefsky, has shunned and ance our eagerness for speedy reform the two Houses now dissolved. even ignored American trade law. My with the need to maintain social stabil- Accordingly (at 10 o’clock and 46 word, Mr. Speaker, we now have the ity. We have been able to do this so far. minutes a.m.) the joint meeting of the Barshefsky Beanie Baby Capergate. Again, this is a tribute to our demo- two Houses was dissolved. Apparently, the President’s trade cratic institutions and the commit- The Members of the Senate retired to rep, who is supposed to know, who is ment of our people to those institu- their Chamber. supposed to understand, who is sup- tions. The next step is to speed up pri- f posed to follow trade laws, was caught vatization while maintaining our social red-handed in China’s unregulated equilibrium. ANNOUNCEMENT BY THE SPEAKER back-alley Beanie-Baby black market. All of these efforts, building the soci- The SPEAKER. The House will con- ety, consolidating democratic institu- Barshefsky illegally acquired a boat- tinue in recess until 11:15 a.m. load of Beanie Babies while in Beijing tions, reforming the economy, our con- f tribution to the security of Eastern and tried to bring them back to the Europe would be more difficult without b 1117 United States. ‘‘Whoa, not so fast,’’ said the U.S. your assistance. But I can assure you AFTER RECESS they are well worth your efforts, as Customs, since it is illegal to purchase they do so much to advance peace and The recess having expired, the House these toys in China. stability in such a vital part of the was called to order by the Speaker pro Well, what is next? I hope the Clinton world. tempore (Mr. EWING) at 11 o’clock and Administration does not think that As a representative of the American 17 minutes p.m. this is an even trade for the top-secret people, I want to thank you on behalf f missile technology they just gave of my country for the friendship and them. With a $50 billion U.S. trade defi- PRINTING OF PROCEEDINGS HAD cit, maybe the Chinese were secretly help the United States has shown us. DURING RECESS The land of freedom, the land I spoke paying off the Clinton Administration about a few minutes ago, is a unique Mr. GIBBONS. Mr. Speaker, I ask with Barshefsky Beanie Babies. place. It belongs to those who are will- unanimous consent that the proceed- I yield back to the American people ing to sacrifice for its attainment and ings had during the recess be printed in any legal Beanie Babies not hiding in its defense. It is a land your Founding the RECORD. the White House. Fathers conceived and the one envi- The SPEAKER pro tempore. Is there f sioned by our own patriotic thinkers objection to the request of the gen- and fighters. It is the land of your tleman from Nevada? PATIENT’S BILL OF RIGHTS brave military men and women, as it is There was no objection. (Ms. JACKSON-LEE of Texas asked the land of Romania’s soldiers who vol- f and was given permission to address unteered to go to Albania, Angola, the MESSAGE FROM THE SENATE the House for 1 minute and to revise Persian Gulf and Bosnia, in any coun- and extend her remarks.) try where peace is under attack. It is A message from the Senate by Mr. Ms. JACKSON-LEE of Texas. Mr. our challenge together, as allies and Lundregan, one of its clerks, an- Speaker, you ask the question, what do partners, to build the bridges to the nounced that the Senate had passed the American people want? Well, they next millennium from the Danube to without amendment a bill of the House want a real Patient’s Bill of Rights, the Potomac, from the Black Sea to of the following title: not the whiplash health care bill that the Pacific Ocean and beyond, wher- H.R. 3156. An act to present a congressional Speaker GINGRICH and the Republicans ever people believe in and fight for gold medal to Nelson Rolihlahla Mandela. want us to buy in. Whiplash? It comes freedom. The message also announced that the real sharp, and when you get through, I would like to close with a true Senate had passed with an amendment it hurts badly. story. One hundred and fifty years ago, in which the concurrence of the House Our Patient’s Bill of Rights guaran- a young Romanian who had fought for is requested, a bill of the House of the tees a patient’s right to see a specialist freedom in the 1848 revolution emi- following title: when they need to. It emphasizes the grated to America. His name was H.R. 2870. An act to amend the Foreign As- patient’s and the doctor’s rights and George Pomutz, which in Romanian sistance Act of 1961 to facilitate protection relationships. It guarantees that our July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5503 vulnerable patients will be able to of hard-pressed working families is to a bank account, apply for Social Secu- choose their own doctors. propose more job training programs rity or Medicare, exercise their second Yes, it bans the little parrots that and more Washington-directed edu- amendment rights, or even take an air- are given to our doctors who say, cation programs, the same ones which plane flight until they can produce a ‘‘Don’t give them any care to them; see have failed miserably in the past, Re- State driver’s license that is the equiv- them only for 10 minutes.’’ publicans have a much better idea. Re- alent of conforming to Federal speci- Do you know what the Republicans publicans want to help ordinary work- fications. Under the 1996 Kennedy– do? They do not allow you to choose ing families by letting them keep more Kassebaum health care reform law, your own doctor. They send women out of their own money. No need for theory Americans may be forced to present a of the hospital before 48 hours after or hopes that some day these Federal federally approved driver’s license be- they have had a mastectomy; and, yes, training programs will trickle down to fore consulting their doctors for medi- they keep asking you to pay for those real people. No, the Republicans can cal treatment. high, high prescription drugs. help families make ends meet, save for My fellow colleagues, make no doubt Americans want a real Patient’s Bill that first home or pay off those credit about this, this is a national I.D. card. of Rights, not the whiplash that comes cards by giving them a tax cut. We do not need it. Please join me in an quickly and hurts long. Support the Actually, the government would not effort to stop it. Democratic Patient’s Bill of Rights be giving them anything. It would f and get real health care reform, real mean that the government would let managed care reform for America. people keep more of their own hard- PLEDGE TO FULLY FUND THE E- f earned money. RATE PROGRAM AMERICA VULNERABLE TO f (Mr. RUSH asked and was given per- FOREIGN MISSILE ATTACK ACCEPTING RESPONSIBILITY FOR mission to address the House for 1 minute and to revise and extend his re- (Ms. DUNN asked and was given per- TEACHING MORALS AND VALUES marks.) mission to address the House for 1 (Mr. TRAFICANT asked and was Mr. RUSH. Mr. Speaker, I rise today minute and to revise and extend her re- given permission to address the House to alert my colleagues to the growing marks.) for 1 minute and to revise and extend threat to the E-rate program. This key Ms. DUNN. Mr. Speaker, the Pre- his remarks.) provision of the Telecommunications amble to the United States Constitu- Mr. TRAFICANT. Mr. Speaker, once Act of 1996 makes sure that our Na- tion states that the Federal Govern- in America, parents imparted their val- tion’s poorest children do not get left ment shall have the responsibility to ues and morals to their children. behind along the information super- provide for the common defense. Pro- Today, it is out with parents, in with highway by providing telecommuni- tecting our national security is, in computers. Some even liken it to a cations services at a discounted cost to fact, the first duty and the primary ob- Tower of Babble in each family room. poor and rural schools and libraries. ligation of the President, our com- Check this out. Last month a woman To date, more than 30,000 applica- mander-in-chief. gave birth on the Internet; and today tions for the program have been re- But America is vulnerable today, vul- two teenagers announced, through ceived, including over 200 in my dis- nerable to a missile attack from their attorney, no less, that they will trict. As part of the Telecommuni- abroad. It is a shame that it has taken surrender their virginity live on the cations Act, long distance companies nuclear blasts in India and Pakistan to Internet. Unbelievable. What is next? A agree to support the E-rate program convince American leaders that the late-term ? How about an on- through their contributions to the Uni- time to act is now. line sacrifice to Satan, folks? versal Service Fund. In exchange, the Many Americans are unaware of this, Beam-me-up.com. industry has reaped billions of dollars but if a missile were fired at an Amer- I say it is time for these computer in lower access charges and expanded ican city, the United States would be companies to shove their software up market share. Now they want to renege defenseless against it. This is a shock- their hard drives live on the Internet. on the deal. ing realization when you consider that One last thing, on a serious note. I Today I am calling on my colleagues there are many nations that have the believe America is in sad shape when to pledge their commitment to seeing capability of reaching American soil computers begin to replace parents in that the E-rate program is fully fund- with long-range nuclear missiles. passing down our morals and values. The potential threat to every child in I yield back any common sense left ed. To pull the plug on full funding of America demands that we take deci- in the country. the E-rate program is to further exac- erbate the great digital divide between sive action to protect ourselves from f the uncertainty that exists in the the haves and have-nots and will leave FREEDOM AND PRIVACY world today. It is time to honor our ob- our children unprepared to move into RESTORATION ACT ligation to the Constitution and to the the new millennium. Let us not let American people by building a missile (Mr. PAUL asked and was given per- that happen. defense system. No less than the secu- mission to address the House for 1 f rity of our Nation and the safety of our minute and to revise and extend his re- SIGN EDUCATION SAVINGS children is at stake. marks.) ACCOUNT INTO LAW f Mr. PAUL. Mr. Speaker, I rise today to introduce the Freedom and Privacy (Mr. ROGAN asked and was given KEEPING WHAT IS ALREADY Restoration Act, which repeals those permission to address the House for 1 YOURS sections of the Illegal Immigration Re- minute and to revise and extend his re- (Mr. TIAHRT asked and was given form and Immigrant Responsibility marks.) permission to address the House for 1 Act of 1996 authorizing an establish- Mr. ROGAN. Mr. Speaker, the Repub- minute and to revise and extend his re- ment of Federal standards for birth lican-led House voted overwhelmingly marks.) certificates and drivers’ licenses. for Education Savings Accounts to give Mr. TIAHRT. Mr. Speaker, this Con- This obscure provision, which was every American family the power to gress intends to focus like a laser beam part of a major piece of legislation improve the educational choices for on an issue of particular importance to passed at the end of the 104th Congress, their children. Not every family today families. It’s called tax cuts. Many represents a major power grab by the can afford a home computer or the SAT Americans are moving ahead in these Federal Government and a threat to prep course, but through IRA-style economic good times, but some fami- the liberties of every American, for it Education Savings Accounts, Repub- lies are having trouble making ends would transform State drivers’ licenses licans hope to make these education meet. into national ID cards. expenses more available to children. While the liberals believe that the If this scheme is not stopped, no Who is in a better position to use this way to improve the standard of living American will be able to get a job, open money to help improve our Nation’s H5504 CONGRESSIONAL RECORD — HOUSE July 15, 1998 education needs, Washington bureau- The Ryker brothers and their family to our children’s classrooms. That crats or American families? That is the attribute these boys’ confidence and means that $2.7 billion will be taken decision that must be made. quick thinking to their familiarity from the grasp of bureaucrats and put Mr. Speaker, the best way to help im- with firearms and the training they re- into the hands of a teacher who knows prove education is to give each family ceived as Boy Scouts. I would add to our child’s name. Mr. Speaker, that more of their own money so they can this a strong family that taught these means that every classroom in Amer- choose what and how to help their chil- brothers courage, integrity and com- ica will get an additional $425 on an av- dren. For this to happen, President passion for their fellow man. erage of $9,300 per public school. I urge Clinton must free our children from Clearly, the actions of Jake and Josh my colleagues to join this important the education bondage of special inter- Ryker, Adam Walburger, and Doug and effort to redistribute education tax dol- ests and sign the Education Savings David Ure saved more lives and pre- lars away from bureaucrats to stu- Account conference report into law. vented more students from being in- dents, parents and teachers. f jured or killed. Instead of paying for reports, studies, Mr. Speaker, I take this moment to and layers of bureaucracy, I ask my b 1130 honor the courage and bravery of these colleagues to pay for teachers’ salaries, TRUTH IN BILLING fine young men for acting above and textbooks, computers and other sup- beyond the call of duty in defense of plies. Let us put our children first, let (Mr. BLUMENAUER asked and was their fellow classmates at Thurston us put their education first, let us turn given permission to address the House High School in Springfield, Oregon. rhetoric into action by passing the Dol- for 1 minute.) f lars to the Classroom Act before our Mr. BLUMENAUER. Mr. Speaker, children return to school next fall. the authors of the Education Rate are MANAGED CARE REFORM f distressed by the current controversy, (Mr. GREEN asked and was given DEMOCRATS LOVE TO TAX since the discount was supposed to be permission to address the House for 1 paid for through the hefty savings the minute and to revise and extend his re- (Mr. KINGSTON asked and was given telephone companies received as a re- marks.) permission to address the House for 1 sult of deregulation, almost $3 billion Mr. GREEN. Mr. Speaker, I find it minute and to revise and extend his re- as of July 1998. ironic that the same people that marks.) That is why I have introduced H.R. preached and lectured this Congress Mr. KINGSTON. Mr. Speaker, today 4018 to give consumers ‘‘truth in bill- about the importance of personal re- we have heard liberal after liberal, Democrat after Democrat, excuse me, I ing.’’ It would require a GAO report on sponsibility and accountability for am being redundant, speak in favor of how much money has actually been one’s actions during the welfare reform a new $2 billion tax increase. They are saved as a result of deregulation and bill are taking the opposite position on so proud of the Gore tax. Every time how much of that savings has been managed care reform. you call your mother, it is going to passed back to consumers. In addition, This is really about the same thing: cost you a little bit more. Every time it would require that those companies being accountable for the decisions we you have a medical emergency, a friend seeking to put additional line items on make. We should be responsible for our out of town, it is going to cost you their bills reflect the full and accurate actions, whether one is a Member of more. Any time you have a loved one picture of both costs and savings that Congress voting, a welfare recipient in California you want to call from the have resulted from the Federal regu- looking for work, or an HMO deciding East Coast, it is going to cost you latory action. not to pay for a test or a procedure more, and the Democrats are so happy There is no reason for confusion. At a that the doctor says is medically nec- time when the majority of classrooms about it. essary. Why are they happy about it? Well, in America do not have Internet ac- Why should HMOs be given pref- cess, and when the numbers for the for one thing, any tax is a good tax. We erential treatment and held to a dif- love all taxes. Another reason they are poor and the rural areas are even ferent standard than the doctors they worse, it is important for Congress to happy: we did not have to vote on it. It employ or the patient that they are got sneaked in by their comrades in cut through the confusion, keep our supposed to serve? the Federal bureaucracy who sneaked commitment to our schools and librar- The Republican managed care bill it in. Not one congressional vote. ies, and most important, to America’s will not hold HMOs accountable when I would say to my liberal colleagues, children. they make these medical decisions. we know you like taxes. Why do we not f One thing this decision does is clear- vote on it? Since you are so proud of ly define where everyone stands on the TRIBUTE TO THE COURAGE AND tax increases, why not bring this mat- issue. We should be fighting for a bill BRAVERY OF OUTSTANDING ter to the floor so that the Vice Presi- that requires timely internal and ex- STUDENTS AT THURSTON HIGH dent can run on a new platform: I in- ternal appeals; access to specialists or SCHOOL IN SPRINGFIELD, OR creased your phone taxes. I increased it special needs; point of service choice for the poor people, I increased it for (Mr. BARR of Georgia asked and was for employees and the patients; open the old, I increased it for those on fixed given permission to address the House communication between patients and incomes, and let them brag about it on for 1 minute and to revise and extend their doctors; no gag rule; and account- the House floor. his remarks.) ability of the medical decision-maker. f Mr. BARR of Georgia. Mr. Speaker, I We need real health care reform, not a rise today to honor Jake and Josh false hope. STRONG SUPPORT FOR E-RATE Ryker, Adam Walburger, and Doug and f (Mr. REYES asked and was given per- David Ure for their courage and brav- mission to address the House for 1 ery. DOLLARS TO THE CLASSROOM minute.) On May 21, 1998 these students wit- ACT Mr. REYES. Mr. Speaker, I am gladly nessed a fellow classmate walk into the (Mr. PITTS asked and was given per- standing this morning in support of the Thurston High School cafeteria in mission to address the House for 1 E-rate. I believe this country’s most Springfield, Oregon, and begin shoot- minute and to revise and extend his re- valuable resource to be our children, ing. Jake Ryker, after being shot marks.) and education is key to their develop- through the chest, grabbed the suspect Mr. PITTS. Mr. Speaker, I rise to ment. In a world where computers are around the waist and threw him down, seek support for our Nation’s children defining their very lives, our edu- knocking the rifle out of his hands. His to learn and our teachers to teach by cational institutions must include brother Josh and three other students supporting H.R. 3248, the Dollars to the technology. The genius of American followed Jake’s lead and jumped on the Classroom Act. This bill will send at education is that whether rich or poor, suspect and held him on the floor until least 95 cents of every Federal dollar our children are given the opportunity teachers arrived to provide assistance. for 31 K-through-12 education programs to gain that knowledge. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5505 Today, the Internet is a tremendous firms the rights of patients to appeal, What we have to understand is that tool to acquire that knowledge. It but which appeals fall on deaf ears; and the key to HMO reform is simply this: brings people and ideas thousands of without real enforcement provisions, timely access to needed medical serv- miles apart to a child’s desktop. We the Republican plan simply moves the ices and the ability to enforce that cannot afford to have this technology consumer’s appeal on a denial of cov- right. That is what the Democratic available only in financially strong erage up the management ladder to a plan would do, because it would give schools. Through the E-rate, those fancier wastebasket. patients the right to sue HMOs when schools and libraries with limited re- The Democratic plan, now that pro- HMOs make decisions that deny their sources are given the necessary dis- vides real enforcement. It gives you, patients’ rights and adversely affect counts to link up with everybody else. the patient, the right to enforce all of their health care. The attacks on the E-rate are an as- the provisions of your HMO plan. That The Republican plan does not offer sault on our children’s future. Our soci- is why we need the Democratic Pa- that benefit because they are afraid to ety must not be divided by those who tients’ Bill of Rights legislation. The take on the HMOs and the insurance are computer literate and those who Democratic proposal reaches beyond an industry. are not. election year quick fix to a fundamen- Let me give my colleagues an exam- Mr. Speaker, if we do not support E- tal problem by giving the consumers ple in my district. It is a typical exam- rate, we doom and handicap our chil- real power to enforce their plans. ple. A young man is in a bicycle acci- dren. Americans understand and want HMOs have moved into the business dent. He faces facial disfigurement. His access to technology in their children’s of prescribing health care. The Demo- medical doctor says he ought to take a schools, and we must all support the E- cratic plan makes sure the HMOs are certain course of treatment, but the rate. held responsible for such decisions. HMO says no, we are not going to pay f f for that treatment. Let me tell my colleagues, if the PRESIDENT SHOULD SIGN EDU- CHILD CUSTODY PROTECTION ACT HMO could be sued for failing to allow CATION SAVINGS ACCOUNTS (Mr. LARGENT asked and was given necessary treatment, they would LEGISLATION permission to address the House for 1 change their tune. That is what the de- (Mr. PAPPAS asked and was given minute and to revise and extend his re- bate for HMO reform is all about. I permission to address the House for 1 marks.) hope we will adopt the Democratic ap- minute.) Mr. LARGENT. Mr. Speaker, Ameri- proach. Mr. PAPPAS. Mr. Speaker, the Presi- cans value many things, but no value is f dent has an opportunity to help middle stronger, deeper or greater than the ACCOMPLISHMENTS OF THE 105TH class parents give their kids more op- love that a father and mother have for CONGRESS portunities in life. Congress passed leg- their children. (Mr. HEFLEY asked and was given islation that would create education Mr. Speaker, no one loves their chil- permission to address the House for 1 savings accounts, which means that dren more than their parents. Yet we minute.) middle class parents could save in tax- see and hear more every day about how Mr. HEFLEY. Mr. Speaker, it is time free accounts and use it towards their big government is coming between par- to take stock of the 105th Congress. De- children’s education. They could use it ents and children, about how govern- spite a slim majority in the House, a in any way that they wished, towards ment is stepping in without just cause Senate that lacks the 60 votes nec- private schooling for extra tutoring, or and usurping parental rights. essary to break a filibuster and a lib- for special help in meeting the needs of Mr. Speaker, my office and many eral Democrat in the White House, the disabled children. other offices have heard from families Congress has managed to pass an his- It is an insult to parents everywhere across the Nation that are concerned, toric balanced budget agreement, mid- to suggest that they are incapable of frustrated, and even angry over govern- dle class tax cuts, and a transportation saving for their children’s education, ment undermining their authority, and bill that addresses the needs for im- and it is either naive or simply dishon- many times we feel helpless. We often proved, safer roads in America. est of liberals to say that the education find ourselves asking, what can we do But while Republicans are proud of savings accounts would not benefit about it. that record, they are not satisfied. The poor parents because only private Well, Mr. Speaker, today every Mem- cost of government is too great, Wash- schools costing thousands and thou- ber of this House will have an oppor- ington spending is still too careless, sands of dollars are in existence. tunity to do something about it. and education reform is being blocked Let us help parents save for their Today, Mr. Speaker, parents from by the usual suspects. The remaining children’s education. The President across the Nation will be watching our time in the 105th Congress should be should sign this legislation today. vote on the Child Custody Protection devoted to more progress in these f Act. areas. The act is simple. It says that one The President has on his desk impor- HEALTH CARE REFORM: PA- cannot transport minors across State tant legislation to help parents save TIENTS’ BILL OF RIGHTS IMPOR- lines for in order to avoid no- for their children’s education in the TANT FIRST STEP tifying their parents. These are deeply form of education savings accounts. (Mr. STUPAK asked and was given held beliefs, Mr. Speaker, and today as Normally this would not even be con- permission to address the House for 1 we vote on the Child Custody Protec- troversial, but the special interests op- minute and to revise and extend his re- tion Act, the parents of America will pose it, and the prospects for the Presi- marks.) be watching. dent signing it are slim. Mr. STUPAK. Mr. Speaker, the lead- f That leaves us with more tax cuts ership of the majority in both the and fiscal restraint. When it comes to House and the other body have finally HMO REFORM tax cuts, Republicans believe in ‘‘more entered into the public discussion on (Mr. WYNN asked and was given per- rather than less, sooner rather than the adoption of a ‘‘Patients’ Bill of mission to address the House for 1 later.’’ Rights.’’ minute and to revise and extend his re- Of course, we intend to honor that This is an important step because it marks.) pledge. is an acknowledgment by the majority Mr. WYNN. Mr. Speaker, now that f that American families are demanding Congress is back in session, the debate b 1145 protection in their dealings with over HMO reform will really begin. It Health Maintenance Organizations. It will really heat up. We will hear from WHY IS THE REPUBLICAN PARTY is an important step, too, because the the Republican side of the aisle a lot of PROTECTING THE HEALTH IN- Republican proposals will give the gimmicks. They will talk about health SURANCE COMPANIES? American people a clear choice. They marks, and they will talk about medi- (Mr. ROTHMAN asked and was given can choose a Republican plan which af- cal savings accounts. permission to address the House for 1 H5506 CONGRESSIONAL RECORD — HOUSE July 15, 1998 minute and to revise and extend his re- CONGRESS SHOULD PASS LEGIS- minute and to revise and extend his re- marks.) LATION HOLDING HMOS RESPON- marks.) Mr. ROTHMAN. Mr. Speaker, I hold SIBLE FOR DENIAL OF CARE Mr. CHABOT. Mr. Speaker, it is time in my hand a series of very thoughtful (Ms. DELAURO asked and was given to review a little recent history. What articles from my hometown newspaper permission to address the House for 1 was the value of the Dow Jones Indus- about the devastating effects when minute and to revise and extend her re- trial Average on November 3, 1992, the HMOs deny doctors and their patients marks.) day President Clinton was elected? It the right to see medically needed spe- Ms. DELAURO. Mr. Speaker, I would was 3252. The next question, what was cialists or to receive special tests. like to share with my colleagues the the Dow Jones average 2 years later, The problem is the Democratic Party story of one of my constituents, Shar- when the President had been in office 2 and a handful of Republicans want to on Crossley, from Wallingford, Con- years, when Republicans finally took make HMOs accountable when they necticut. Last November Sharon was over the Congress for the first time in deny a specialist’s care or special medi- diagnosed with breast cancer. The day 4 years? 3830. So it went basically from cal tests and that denial causes pain or before her surgery her HMO canceled 3200 to 3800, about a 500-point increase. injury or death to the person. the procedure because it was scheduled What happened to the economy and for the wrong hospital. While Sharon Right now if that happens, the pa- the Dow Jones after the Republicans was waiting to get on another doctor’s took over the House? The New York tient who gets sick or dies, his family schedule, precious days were passing can sue the doctor, but they cannot sue Stock Exchange has gone up over 9000 by. now, so it is an increase of about 5000. the HMO who denied the test or denied As a cancer survivor, I can tell the the procedure that would have saved The liberals like to say that the econ- Members how frightening the diagnosis omy turned around when the President the person’s life. The Republican Party is and how essential it is to get quick will not allow HMOs to be held ac- was elected. medical attention. Every day of delay That is not what happened at all. It countable. is another day that the cancer could be turned around when the financial mar- We should ask yourselves, why? Why spreading through your body, threaten- kets and the American people were would the Republican party not allow ing vital organs. confident, when we had a turnover in HMOs to be sued or to be held account- Sharon Crossley was one of the lucky the House of Representatives, not when able if the HMO’s denial of a test or ones. She called our office. We were the President was elected, a 5100 point treatment caused the pain, injury, or able to convince her HMO to help her increase. So let us let credit go where death? In our society if somebody does get emergency surgery scheduled im- credit is due. It is important. something wrong to you, you can sue mediately. But patients should not We want jobs, lower taxes. That is them. Why are they protecting the have to take that kind of a risk that what this country needs, not higher health insurance companies? Sharon had to take. The American people deserve to have taxes and not bigger government solu- f rights in the health care system. That tions. is why we need to pass legislation today holding managed care plans re- f THE PRESIDENT’S ENTOURAGE TO sponsible for the denial of care with CHINA AND OTHER LOCATIONS real, reliable, and enforcible remedies. THE ACCOMPLISHMENTS OF THE (Mr. STEARNS asked and was given f 105TH CONGRESS permission to address the House for 1 THE SALTON SEA (Mr. PORTMAN asked and was given minute and to revise and extend his re- RESTORATION ACT permission to address the House for 1 marks.) (Mr. HUNTER asked and was given minute and to revise and extend his re- Mr. STEARNS. Mr. Speaker, I rise to permission to address the House for 1 marks.) comment on the President’s record- minute and to revise and extend his re- Mr. PORTMAN. Mr. Speaker, I have breaking trip to China. marks.) heard a lot about the do-nothing Con- The President broke every record Mr. HUNTER. Mr. Speaker, in an gress. I am getting kind of tired of it. imaginable in the size of the delegation hour or so we will have an opportunity The 105th Congress has been a very ac- he took with him to China and in the to vote for the Sonny Bono Salton Sea tive Congress. The balanced budget we amount he spent on a foreign trip. His Restoration Act. I would urge every all know about, the first balanced official entourage numbered more than Member to vote for this great, com- budget in over 30 years, the first tax 1,000. Its estimated cost was $40 mil- monsense conservation project. cuts in over 16 years, welfare reform lion, according to the International It will take the Salton Sea, which is that has moved people from depend- Herald Tribune. some 360 square miles in size, and it ency to dignity. ‘‘The Presidential entourage filled will convert that sea or rehab that sea This year we continue to be busy. four passenger planes and several mili- into a wonderful fishing resource, a Later today we are going to hear from tary transports.’’ In addition, the reti- great place for birders, for people that the gentleman from New York (Mr. nue included six Members of Congress, like all the water sports. It is within GILMAN) and others on major environ- five cabinet officials, who each brought driving distance of about 6 percent of mental legislation called the Tropical almost 40 staff members, a chief of America’s population. This is a great Forest Conservation Act. It comes out staff, a deputy chief of staff, a national blue collar playground where people of this Congress. We will be saving mil- security adviser, a deputy national se- who cannot afford to go off for fly fish- lions of acres of rain forests every year curity adviser, a press secretary, a dep- ing on New Zealand on their holidays around the world through this legisla- uty press secretary, five stenographers, will have an opportunity to recreate. tion. The gentlewoman from California two White House television crews, a We just heard about the Salton Sea (Mrs. BONO) will be leading our efforts valet for the President and a hair- on the floor in just about an hour, Restoration Act Congress is going to dresser for Mrs. Clinton, the Presi- along with the gentlemen from Califor- pass today. The IRS reforms, just last dent’s private secretary and the White nia, Mr. JERRY LEWIS and Mr. KEN CAL- week the Senate passed historic IRS House staff secretary, speechwriters VERT. I hope every Member votes for reforms. Since 1952 the IRS has not and rewriters, doctors and lawyers, this great conservation project. seen major reform. We are going to ac- snipers, commandoes, bomb-sniffing f tually make the IRS work for the tax- dogs, and of course, 375 reporters and payers, rather than the other way photographers. GIVE CREDIT WHERE CREDIT IS around. Vice President GORE must have felt DUE FOR AMERICA’S ECONOMIC A do-nothing Congress? It sounds like the kid in ‘‘Home Alone.’’ They SURGE more to me like a Congress that is spent more in 10 days than Judge Starr (Mr. CHABOT asked and was given doing plenty, in response to the con- spent in 3 years. permission to address the House for 1 cerns of the American people. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5507 TROPICAL FOREST CONSERVATION ‘‘(4) to rechannel existing resources to facili- sional committees of his intention to designate a ACT OF 1998 tate the protection of tropical forests. country as an eligible country at least 15 days in advance of any formal determination. Mr. GILMAN. Mr. Speaker, I ask ‘‘SEC. 803. DEFINITIONS. ‘‘As used in this part: ‘‘SEC. 806. REDUCTION OF DEBT OWED TO THE unanimous consent to take from the ‘‘(1) ADMINISTERING BODY.—The term ‘admin- UNITED STATES AS A RESULT OF Speaker’s table the bill (H.R. 2870) to istering body’ means the entity provided for in CONCESSIONAL LOANS UNDER THE amend the Foreign Assistance Act of section 809(c). FOREIGN ASSISTANCE ACT OF 1961. 1961 to facilitate protection of tropical ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(a) AUTHORITY TO REDUCE DEBT.— ‘‘(1) AUTHORITY.—The President may reduce forests through debt reduction with de- TEES.—The term ‘appropriate congressional com- the amount owed to the United States (or any veloping countries with tropical for- mittees’ means— ‘‘(A) the Committee on International Rela- agency of the United States) that is outstanding ests, with a Senate amendment there- as of January 1, 1998, as a result of concessional to, and concur in the Senate amend- tions and the Committee on Appropriations of the House of Representatives; and loans made to an eligible country by the United ment. ‘‘(B) the Committee on Foreign Relations and States under part I of this Act, chapter 4 of part The Clerk read the title of the bill. the Committee on Appropriations of the Senate. II of this Act, or predecessor foreign economic The Clerk read the Senate amend- ‘‘(3) BENEFICIARY COUNTRY.—The term ‘bene- assistance legislation. ment, as follows: ficiary country’ means an eligible country with ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— Senate amendment: respect to which the authority of section For the cost (as defined in section 502(5) of the Strike out all after the enacting clause and 806(a)(1), section 807(a)(1), or paragraph (1) or Federal Credit Reform Act of 1990) for the re- insert: (2) of section 808(a) is exercised. duction of any debt pursuant to this section, SECTION 1. DEBT REDUCTION FOR DEVELOPING ‘‘(4) BOARD.—The term ‘Board’ means the there are authorized to be appropriated to the COUNTRIES WITH TROPICAL FOR- board referred to in section 811. President— ESTS. ‘‘(5) DEVELOPING COUNTRY WITH A TROPICAL ‘‘(A) $25,000,000 for fiscal year 1999; The Foreign Assistance Act of 1961 (22 U.S.C. FOREST.—The term ‘developing country with a ‘‘(B) $75,000,000 for fiscal year 2000; and 2151 et seq.) is amended by adding at the end tropical forest’ means— ‘‘(C) $100,000,000 for fiscal year 2001. the following: ‘‘(A)(i) a country that has a per capita income ‘‘(3) CERTAIN PROHIBITIONS INAPPLICABLE.— ‘‘PART V—DEBT REDUCTION FOR DEVEL- of $725 or less in 1994 United States dollars ‘‘(A) IN GENERAL.—A reduction of debt pursu- OPING COUNTRIES WITH TROPICAL (commonly referred to as ‘low-income country’), ant to this section shall not be considered assist- FORESTS as determined and adjusted on an annual basis ance for purposes of any provision of law limit- ing assistance to a country. ‘‘SEC. 801. SHORT TITLE. by the International Bank for Reconstruction ‘‘(B) ADDITIONAL REQUIREMENT.—The author- ‘‘This part may be cited as the ‘Tropical For- and Development in its World Development Re- ity of this section may be exercised notwith- est Conservation Act of 1998’. port; or standing section 620(r) of this Act or section 321 ‘‘SEC. 802. FINDINGS AND PURPOSES. ‘‘(ii) a country that has a per capita income of more than $725 but less than $8,956 in 1994 of the International Development and Food As- ‘‘(a) FINDINGS.—The Congress finds the fol- sistance Act of 1975. lowing: United States dollars (commonly referred to as ‘‘(b) IMPLEMENTATION OF DEBT REDUCTION.— ‘‘(1) It is the established policy of the United ‘middle-income country’), as determined and ad- ‘‘(1) IN GENERAL.—Any debt reduction pursu- States to support and seek protection of tropical justed on an annual basis by the International ant to subsection (a) shall be accomplished at forests around the world. Bank for Reconstruction and Development in its ‘‘(2) Tropical forests provide a wide range of World Development Report; and the direction of the Facility by the exchange of benefits to humankind by— ‘‘(B) a country that contains at least one a new obligation for obligations of the type re- ‘‘(A) harboring a major share of the Earth’s tropical forest that is globally outstanding in ferred to in subsection (a) outstanding as of the biological and terrestrial resources, which are terms of its biological diversity or represents one date specified in subsection (a)(1). the basis for developing pharmaceutical prod- of the larger intact blocks of tropical forests left, ‘‘(2) EXCHANGE OF OBLIGATIONS.— ucts and revitalizing agricultural crops; on a regional, continental, or global scale. ‘‘(A) IN GENERAL.—The Facility shall notify ‘‘(B) playing a critical role as carbon sinks in ‘‘(6) ELIGIBLE COUNTRY.—The term ‘eligible the agency primarily responsible for administer- reducing greenhouse gases in the atmosphere, country’ means a country designated by the ing part I of this Act of an agreement entered thus moderating potential global climate President in accordance with section 805. into under paragraph (1) with an eligible coun- change; and ‘‘(7) TROPICAL FOREST AGREEMENT.—The term try to exchange a new obligation for outstand- ‘‘(C) regulating hydrological cycles on which ‘Tropical Forest Agreement’ or ‘Agreement’ ing obligations. far-flung agricultural and coastal resources de- means a Tropical Forest Agreement provided for ‘‘(B) ADDITIONAL REQUIREMENT.—At the di- pend. in section 809. rection of the Facility, the old obligations that ‘‘(3) International negotiations and assistance ‘‘(8) TROPICAL FOREST FACILITY.—The term are the subject of the agreement shall be can- programs to conserve forest resources have pro- ‘Tropical Forest Facility’ or ‘Facility’ means the celed and a new debt obligation for the country liferated over the past decade, but the rapid rate Tropical Forest Facility established in the De- shall be established relating to the agreement, of tropical deforestation continues unabated. partment of the Treasury by section 804. and the agency primarily responsible for admin- ‘‘(4) Developing countries with urgent needs ‘‘(9) TROPICAL FOREST FUND.—The term ‘Trop- istering part I of this Act shall make an adjust- for investment and capital for development have ical Forest Fund’ or ‘Fund’ means a Tropical ment in its accounts to reflect the debt reduc- allocated a significant amount of their forests to Forest Fund provided for in section 810. tion. logging concessions. ‘‘SEC. 804. ESTABLISHMENT OF THE FACILITY. ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.— ‘‘(5) Poverty and economic pressures on the ‘‘There is established in the Department of the The following additional terms and conditions populations of developing countries have, over Treasury an entity to be known as the ‘Tropical shall apply to the reduction of debt under sub- time, resulted in clearing of vast areas of forest Forest Facility’ for the purpose of providing for section (a)(1) in the same manner as such terms for conversion to agriculture, which is often the administration of debt reduction in accord- and conditions apply to the reduction of debt unsustainable in the poor soils underlying tropi- ance with this part. under section 704(a)(1) of this Act: cal forests. ‘‘(1) The provisions relating to repayment of ‘‘(6) Debt reduction can reduce economic pres- ‘‘SEC. 805. ELIGIBILITY FOR BENEFITS. principal under section 705 of this Act. sures on developing countries and result in in- ‘‘(a) IN GENERAL.—To be eligible for benefits ‘‘(2) The provisions relating to interest on new creased protection for tropical forests. from the Facility under this part, a country obligations under section 706 of this Act. shall be a developing country with a tropical ‘‘(7) Finding economic benefits to local com- ‘‘SEC. 807. REDUCTION OF DEBT OWED TO THE munities from sustainable uses of tropical forests forest— UNITED STATES AS A RESULT OF is critical to the protection of tropical forests. ‘‘(1) whose government meets the requirements CREDITS EXTENDED UNDER TITLE I ‘‘(b) PURPOSES.—The purposes of this part applicable to Latin American or Caribbean OF THE AGRICULTURAL TRADE DE- are— countries under paragraphs (1) through (5) and VELOPMENT AND ASSISTANCE ACT ‘‘(1) to recognize the values received by United (7) of section 703(a) of this Act; and OF 1954. States citizens from protection of tropical for- ‘‘(2) that has put in place major investment ‘‘(a) AUTHORITY TO REDUCE DEBT.— ests; reforms, as evidenced by the conclusion of a bi- ‘‘(1) AUTHORITY.—Notwithstanding any other ‘‘(2) to facilitate greater protection of tropical lateral investment treaty with the United States, provision of law, the President may reduce the forests (and to give priority to protecting tropi- implementation of an investment sector loan amount owed to the United States (or any agen- cal forests with the highest levels of biodiversity with the Inter-American Development Bank, cy of the United States) that is outstanding as and under the most severe threat) by providing World Bank-supported investment reforms, or of January 1, 1998, as a result of any credits ex- for the alleviation of debt in countries where other measures, as appropriate. tended under title I of the Agricultural Trade tropical forests are located, thus allowing the ‘‘(b) ELIGIBILITY DETERMINATIONS.— Development and Assistance Act of 1954 (7 use of additional resources to protect these criti- ‘‘(1) IN GENERAL.—Consistent with subsection U.S.C. 1701 et seq.) to a country eligible for ben- cal resources and reduce economic pressures (a), the President shall determine whether a efits from the Facility. that have led to deforestation; country is eligible to receive benefits under this ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) to ensure that resources freed from debt part. ‘‘(A) IN GENERAL.—For the cost (as defined in in such countries are targeted to protection of ‘‘(2) CONGRESSIONAL NOTIFICATION.—The section 502(5) of the Federal Credit Reform Act tropical forests and their associated values; and President shall notify the appropriate congres- of 1990) for the reduction of any debt pursuant H5508 CONGRESSIONAL RECORD — HOUSE July 15, 1998

to this section, there are authorized to be appro- ‘‘(2) DEBT BUYBACKS.—Notwithstanding any ‘‘(III) scientific, academic, or forestry organi- priated to the President— other provision of law, the President may, in ac- zations of the beneficiary country. ‘‘(i) $25,000,000 for fiscal year 1999; cordance with this section, sell to any eligible ‘‘(B) ADDITIONAL REQUIREMENT.—A majority ‘‘(ii) $50,000,000 for fiscal year 2000; and country any concessional loans described in sec- of the members of the administering body shall ‘‘(iii) $50,000,000 for fiscal year 2001. tion 806(a)(1) or any credits described in section be individuals described in subparagraph ‘‘(B) LIMITATION.—The authority provided by 807(a)(1), or on receipt of payment from an eligi- (A)(iii). this section shall be available only to the extent ble country, reduce or cancel such loans (or ‘‘(3) RESPONSIBILITIES.—The requirements that appropriations for the cost (as defined in credits) or portion thereof, only for the purpose contained in section 708(c)(3) of this Act (relat- section 502(5) of the Federal Credit Reform Act of facilitating a debt buyback by an eligible ing to responsibilities of the administering body) of 1990) of the modification of any debt pursu- country of its own qualified debt, only if the eli- shall apply to an administering body described ant to this section are made in advance. gible country uses an additional amount of the in paragraph (1) in the same manner as such re- ‘‘(b) IMPLEMENTATION OF DEBT REDUCTION.— local currency of the eligible country, equal to quirements apply to an administering body de- ‘‘(1) IN GENERAL.—Any debt reduction pursu- not less than the lessor of 40 percent of the price scribed in section 708(c)(1) of this Act. ant to subsection (a) shall be accomplished at paid for such debt by such eligible country, or ‘‘(d) ELIGIBLE ACTIVITIES.—Amounts depos- the direction of the Facility by the exchange of the difference between the price paid for such ited in a Fund shall be used only to provide a new obligation for obligations of the type re- debt and the face value of such debt, to support grants to conserve, maintain, and restore the ferred to in subsection (a) outstanding as of the eligible activities described in section 809(d). tropical forests in the beneficiary country, date specified in subsection (a)(1). ‘‘(3) LIMITATION.—The authority provided by through one or more of the following activities: ‘‘(2) EXCHANGE OF OBLIGATIONS.— paragraphs (1) and (2) shall be available only to ‘‘(1) Establishment, restoration, protection, ‘‘(A) IN GENERAL.—The Facility shall notify the extent that appropriations for the cost (as and maintenance of parks, protected areas, and the Commodity Credit Corporation of an agree- defined in section 502(5) of the Federal Credit reserves. ment entered into under paragraph (1) with an Reform Act of 1990) of the modification of any ‘‘(2) Development and implementation of sci- eligible country to exchange a new obligation debt pursuant to such paragraphs are made in entifically sound systems of natural resource for outstanding obligations. advance. management, including land and ecosystem ‘‘(B) ADDITIONAL REQUIREMENT.—At the di- ‘‘(4) TERMS AND CONDITIONS.—Notwithstand- management practices. rection of the Facility, the old obligations that ing any other provision of law, the President ‘‘(3) Training programs to increase the sci- are the subject of the agreement shall be can- shall, in accordance with this section, establish entific, technical, and managerial capacities of celed and a new debt obligation shall be estab- the terms and conditions under which loans and individuals and organizations involved in con- lished for the country relating to the agreement, credits may be sold, reduced, or canceled pursu- servation efforts. and the Commodity Credit Corporation shall ant to this section. ‘‘(4) Restoration, protection, or sustainable make an adjustment in its accounts to reflect ‘‘(5) ADMINISTRATION.— use of diverse animal and plant species. the debt reduction. ‘‘(5) Research and identification of medicinal ‘‘(A) IN GENERAL.—The Facility shall notify ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.— the administrator of the agency primarily re- uses of tropical forest plant life to treat human The following additional terms and conditions sponsible for administering part I of this Act or diseases and illnesses and health related con- shall apply to the reduction of debt under sub- the Commodity Credit Corporation, as the case cerns. ‘‘(6) Development and support of the liveli- section (a)(1) in the same manner as such terms may be, of eligible purchasers described in para- hoods of individuals living in or near a tropical and conditions apply to the reduction of debt graph (1)(B) that the President has determined forest in a manner consistent with protecting under section 604(a)(1) of the Agricultural Trade to be eligible under paragraph (1), and shall di- such tropical forest. Development and Assistance Act of 1954 (7 rect such agency or Corporation, as the case ‘‘(e) GRANT RECIPIENTS.— U.S.C. 1738c): may be, to carry out the sale, reduction, or can- ‘‘(1) The provisions relating to repayment of ‘‘(1) IN GENERAL.—Grants made from a Fund cellation of a loan pursuant to such paragraph. principal under section 605 of such Act. shall be made to— ‘‘(B) ADDITIONAL REQUIREMENT.—Such agen- ‘‘(2) The provisions relating to interest on new ‘‘(A) nongovernmental environmental, for- cy or Corporation, as the case may be, shall obligations under section 606 of such Act. estry, conservation, and indigenous peoples or- make an adjustment in its accounts to reflect ganizations of, or active in, the beneficiary ‘‘SEC. 808. AUTHORITY TO ENGAGE IN DEBT-FOR- the sale, reduction, or cancellation. NATURE SWAPS AND DEBT country; EPOSIT OF ROCEEDS BUYBACKS. ‘‘(b) D P .—The proceeds ‘‘(B) other appropriate local or regional enti- from the sale, reduction, or cancellation of any ‘‘(a) LOANS AND CREDITS ELIGIBLE FOR SALE, ties of, or active in, the beneficiary country; or loan sold, reduced, or canceled pursuant to this REDUCTION, OR CANCELLATION.— ‘‘(C) in exceptional circumstances, the govern- section shall be deposited in the United States ‘‘(1) DEBT-FOR-NATURE SWAPS.— ment of the beneficiary country. ‘‘(A) IN GENERAL.—Notwithstanding any other Government account or accounts established for ‘‘(2) PRIORITY.—In providing grants under provision of law, the President may, in accord- the repayment of such loan. paragraph (1), priority shall be given to projects ance with this section, sell to any eligible pur- ‘‘SEC. 809. TROPICAL FOREST AGREEMENT. that are run by nongovernmental organizations chaser described in subparagraph (B) any ‘‘(a) AUTHORITY.— and other private entities and that involve local concessional loans described in section 806(a)(1) ‘‘(1) IN GENERAL.—The Secretary of State is communities in their planning and execution. or any credits described in section 807(a)(1), or authorized, in consultation with other appro- ‘‘(f) REVIEW OF LARGER GRANTS.—Any grant on receipt of payment from an eligible purchaser priate officials of the Federal Government, to of more than $100,000 from a Fund shall be sub- described in subparagraph (B), reduce or cancel enter into a Tropical Forest Agreement with any ject to veto by the Government of the United such loans (or credits) or portion thereof, only eligible country concerning the operation and States or the government of the beneficiary for the purpose of facilitating a debt-for-nature use of the Fund for that country. country. swap to support eligible activities described in ‘‘(2) CONSULTATION.—In the negotiation of ‘‘(g) ELIGIBILITY CRITERIA.—In the event that section 809(d). such an Agreement, the Secretary shall consult a country ceases to meet the eligibility require- ‘‘(B) ELIGIBLE PURCHASER DESCRIBED.—A loan with the Board in accordance with section 811. ments set forth in section 805(a), as determined or credit may be sold, reduced, or canceled ‘‘(b) CONTENTS OF AGREEMENT.—The require- by the President pursuant to section 805(b), then under subparagraph (A) only to a purchaser ments contained in section 708(b) of this Act (re- grants from the Fund for that country may only who presents plans satisfactory to the President lating to contents of an agreement) shall apply be made to nongovernmental organizations until for using the loan or credit for the purpose of to an Agreement in the same manner as such re- such time as the President determines that such engaging in debt-for-nature swaps to support el- quirements apply to an Americas Framework country meets the eligibility requirements set igible activities described in section 809(d). Agreement. forth in section 805(a). ‘‘(C) CONSULTATION REQUIREMENT.—Before ‘‘(c) ADMINISTERING BODY.— ‘‘SEC. 810. TROPICAL FOREST FUND. the sale under subparagraph (A) to any eligible ‘‘(1) IN GENERAL.—Amounts disbursed from ‘‘(a) ESTABLISHMENT.—Each beneficiary coun- purchaser described in subparagraph (B), or the Fund in each beneficiary country shall be try that enters into a Tropical Forest Agreement any reduction or cancellation under such sub- administered by a body constituted under the under section 809 shall be required to establish paragraph (A), of any loan or credit made to an laws of that country. a Tropical Forest Fund to receive payments of eligible country, the President shall consult ‘‘(2) COMPOSITION.— interest on new obligations undertaken by the with the country concerning the amount of ‘‘(A) IN GENERAL.—The administering body beneficiary country under this part. loans or credits to be sold, reduced, or canceled shall consist of— ‘‘(b) REQUIREMENTS RELATING TO OPERATION and their uses for debt-for-nature swaps to sup- ‘‘(i) one or more individuals appointed by the OF FUND.—The following terms and conditions port eligible activities described in section United States Government; shall apply to the Fund in the same manner as 809(d). ‘‘(ii) one or more individuals appointed by the such terms as conditions apply to an Enterprise ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— government of the beneficiary country; and for the Americas Fund under section 707 of this For the cost (as defined in section 502(5) of the ‘‘(iii) individuals who represent a broad range Act: Federal Credit Reform Act of 1990) for the re- of— ‘‘(1) The provision relating to deposits under duction of any debt pursuant to subparagraph ‘‘(I) environmental nongovernmental organi- subsection (b) of such section. (A), amounts authorized to appropriated under zations of, or active in, the beneficiary country; ‘‘(2) The provision relating to investments sections 806(a)(2) and 807(a)(2) shall be made ‘‘(II) local community development non- under subsection (c) of such section. available for such reduction of debt pursuant to governmental organizations of the beneficiary ‘‘(3) The provision relating to disbursements subparagraph (A). country; and under subsection (d) of such section. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5509 ‘‘SEC. 811. BOARD. that the Senate amendment be consid- First, they made a number of ‘‘(a) ENTERPRISE FOR THE AMERICAS BOARD.— ered as read and printed in the RECORD. changes to ensure that the funds for The Enterprise for the Americas Board estab- The SPEAKER pro tempore (Mr. this program are used only to conserve lished under section 610(a) of the Agricultural EWING). Is there objection to the re- and protect tropical forests through a Trade Development and Assistance Act of 1954 (7 U.S.C. 1738i(a)) shall, in addition to carrying quest of the gentleman from New specific list of eligible activities that out the responsibilities of the Board under sec- York? were enumerated in the House bill but tion 610(c) of such Act, carry out the duties de- There was no objection. were tightened up in the Senate. scribed in subsection (c) of this section for the The SPEAKER pro tempore. Is there Secondly, they deleted the require- purposes of this part. objection to the original request of the ment that a Nation have a minimal ‘‘(b) ADDITIONAL MEMBERSHIP.— gentleman from New York? level of environmental policies and ‘‘(1) IN GENERAL.—The Enterprise for the Mr. PORTMAN. Mr. Speaker, reserv- practices in place to qualify for its eli- Americas Board shall be composed of an addi- ing the right to object, I yield to the tional four members appointed by the President gibility. The Senate noted that the ad- as follows: gentleman from New York (Mr. GIL- ministration should have flexibility in ‘‘(A) Two representatives from the United MAN), to explain the measure. administering the program, and that States Government, including a representative Mr. GILMAN. Mr. Speaker, I thank one of the purposes of the Act was to of the International Forestry Division of the the gentleman from Ohio for yielding encourage such policies and practices. United States Forest Service. to me. Third, they made forestry organiza- ‘‘(B) Two representatives from private non- Mr. Speaker, this measure was intro- tions with expertise in conserving trop- governmental environmental, scientific, forestry, duced last November by the gentlemen ical forests part of the local admin- or academic organizations with experience and from Ohio, Mr. PORTMAN and Mr. KA- expertise in preservation, maintenance, sustain- istering bodies and board overseeing able uses, and restoration of tropical forests. SICH, and the gentleman from Indiana this program, including a representa- ‘‘(2) CHAIRPERSON.—Notwithstanding section (Mr. HAMILTON). The bill enjoys wide tive of the International Forestry Divi- 610(b)(2) of the Agricultural Trade Development bipartisan support and is supported by sion of the U.S. Forest Service. and Assistance Act of 1954 (7 U.S.C. 1738i(b)(2)), the administration. Fourth, they deleted a House provi- the Enterprise for the Americas Board shall be Mr. Speaker, tropical forests are sion requiring the President to notify headed by a chairperson who shall be appointed home to roughly half of all known spe- congressional committees 15 days in by the President from among the representatives cies of plants and animals. Under pres- advance of debt reduction, in exchange appointed under section 610(b)(1)(A) of such Act sure from man, these forests are dis- for the letter agreement by the Treas- or paragraph (1)(A) of this subsection. ‘‘(c) DUTIES.—The duties described in this appearing at rate of almost 1 percent ury Department to give the authoriz- subsection are as follows: per year, roughly 1 football field lost ing committees the same notification ‘‘(1) Advise the Secretary of State on the nego- every second, or an area the size of they currently give the Committee on tiations of Tropical Forest Agreements. Pennsylvania each year. Appropriations with respect to debt re- ‘‘(2) Ensure, in consultation with— Most of these forests are also located duction transactions. ‘‘(A) the government of the beneficiary coun- in developing countries, and most of This has the benefit of standardizing try, these countries are poor, with crushing procedures so that the administrative ‘‘(B) nongovernmental organizations of the beneficiary country, debt burdens. In short, this bill author- burden at the Treasury Department ‘‘(C) nongovernmental organizations of the re- izes the President to offer up to $325 will not be increased. Congress can give gion (if appropriate), million in debt owed to our govern- Treasury early notification of coun- ‘‘(D) environmental, scientific, forestry, and ment by the developing nations, a tries that are suspect for such trans- academic leaders of the beneficiary country, small fraction of the $15 billion they actions, and Congress will receive more and currently owe. The loans were made by information about these transactions ‘‘(E) environmental, scientific, forestry, and the Agency for International Develop- than it does now. I also note our sup- academic leaders of the region (as appropriate), ment and the Department of Agri- port for debt relief to Bangladesh under that a suitable administering body is identified culture. for each Fund. this bill. ‘‘(3) Review the programs, operations, and fis- The bill specifically references the I urge support for the bill, and I com- cal audits of each administering body. conditions for the government to ob- mend the gentleman from Ohio (Mr. ‘‘SEC. 812. CONSULTATIONS WITH THE CON- tain such debt relief. These conditions PORTMAN), the gentleman from Indiana GRESS. include having a democratic govern- (Mr. HAMILTON), and the gentleman ‘‘The President shall consult with the appro- ment, a favorable climate for private from Ohio (Mr. Kasich), for introducing priate congressional committees on a periodic sector investment, cooperation on nar- this important environmental measure. basis to review the operation of the Facility cotics matters, and no State-sponsored Mr. PORTMAN. Mr. Speaker, re- under this part and the eligibility of countries terrorism. claiming my time, I want to thank the for benefits from the Facility under this part. The bill enjoys wide support from en- chairman for that explanation of the ‘‘SEC. 813. ANNUAL REPORTS TO THE CONGRESS. vironmental groups, such groups as the changes in the bill, and tell him that I ‘‘(a) IN GENERAL.—Not later than December 31 of each year, the President shall prepare and World Wildlife Fund, Conservation very much appreciate his willingness transmit to the Congress an annual report con- International, The Nature Conser- to work closely with us over the past cerning the operation of the Facility for the vancy, the Environmental Defense several months in putting this product prior fiscal year. Such report shall include— Fund, and the Sierra Club. together. It was his willingness to take ‘‘(1) a description of the activities undertaken The Senate passed H.R. 2870 with a this bill to his committee and expedite by the Facility during the previous fiscal year; number of technical changes and clari- it that enabled us to be here today on ‘‘(2) a description of any Agreement entered fying amendments. the floor to pass what is truly historic into under this part; First, the Senate restored provisions ‘‘(3) a report on any Funds that have been es- legislation. tablished under this part and on the operations of importance to the House after the As the gentleman from New York of such Funds; and Senate companion bill was reported (Mr. GILMAN) said, we passed this bill ‘‘(4) a description of any grants that have from the Senate Foreign Relations on March 19 by a strong vote of 356 to been provided by administering bodies pursuant Committee and before the Senate 61. Since then, as the gentleman from to Agreements under this part. passed the House bill, as amended. New York (Mr. GILMAN) has said, we ‘‘(b) SUPPLEMENTAL VIEWS IN ANNUAL RE- These include insuring, one, tropical worked closely with the Senate on a PORT.—Not later than December 15 of each year, forests that are important on a re- day-to-day basis. They made what I each member of the Board shall be entitled to re- gional basis may be protected under think were very good and technical and ceive a copy of the report required under sub- section (a). Each member of the Board may pre- the bill, and secondly, one of the eligi- clarifying changes, as the gentleman pare and submit supplemental views to the ble activities under the bill is research from New York (Mr. GILMAN) has just President on the implementation of this part by and identification of medicinal uses of explained, and actually improves the December 31 for inclusion in the annual report tropical forest plant life to treat legislation and makes it a better bill. when it is transmitted to Congress pursuant to human diseases. I want to thank Senator LUGAR, who this section.’’. In sum, the Senate amendments also took the lead in the Senate, and also Mr. GILMAN (during the reading). accomplish the following four objec- Senator BROWNBACK, who improved the Mr. Speaker, I ask unanimous consent tives: bill, and Senators BIDEN, CHAFEE, and H5510 CONGRESSIONAL RECORD — HOUSE July 15, 1998 LEAHY for their hard work on this leg- The Tropical Forest Conservation Act of today, serving as an engine of growth to the islation. 1998, has two important objectives: Latin American economy and establishing as The bill links two very important First, it seeks to preserve tropical forests by its legacy some of the largest tropical forest facts of life. One is that tropical forests establishing a framework that brings together parks in the world throughout the region. are disappearing at a very rapid rate. environmental resources and expertise in the H.R. 2870 is a creative variation on the EAI He mentioned the state of Pennsyl- U.S. with non-governmental and environ- theme. Several constituents from this Mem- vania. An area larger than the State of mental organizations in the beneficiary coun- ber's home state of Nebraska have expressed Ohio is being destroyed every year in try. their support for this legislation. One letter in terms of our tropical forests worldwide. Second, the bill seeks to address the issue particular detailed a family's involvement in This has an impact on us, directly on of debt reduction. Most tropical forests are lo- making a record of the plants and herbs found our environment, our air quality, but cated in countries saddled with massive debt. in tropical forests in an on-going effort to iden- also with regard to medicinal benefits Some of these debts are owed to the U.S. tify new medicines. This legislation will pre- and so on, as the gentleman from New This bill enables a participating country to re- serve and protect rain forests in order that York (Mr. GILMAN) said. That is one duce the debt it owes to the U.S. by restruc- these efforts can continue, benefiting mankind fact of life. turing its loans or by participating in debt buy- by identifying new cures to diseases. The second is that these tropical for- backs or debt-swaps. Mr. Speaker, this Member is particularly ests happen to be located in countries Third, this bill focuses on the establishment, pleased that Bangladesh is eligible for debt re- that have tremendous debts to the restoration, protection, and management of lief under the provisions of H.R. 2870. Ban- United States. Therefore, we have an tropical forests to ensure a well-planned and gladesh is a country the size of the state of opportunity here, and this bill does in well-managed program. It also ensures ac- Wisconsin with a population estimated at 125 3 years what is cost-free to the tax- countability and results by establishing strict million. Due to the pressure put on this small payers, which is debt buybacks author- oversight controls. nation's land resources, there is now a serious ized by this bill. This bill was passed by the House on March deforestation problem in Bangladesh. Ban- Building on President Bush’s Enter- 19, 1998 by a bipartisan vote of 356±61. The gladesh's topography makes it prone to natu- prise for the Americas initiative, it Senate passed this bill unanimously yesterday ral disasters, especially floods, which were also permits us as a Congress to be able with several positive amendments. The Sen- particularly severe in 1988 when two-thirds of to do what are called debt-for-nature ate: (1) deleted the requirement that a country Bangladesh's sixty-four districts experienced swaps; in other words, the so-called have a minimum level of environmental poli- extensive flood damage. swapping their debt for their ability to cies and practices in place to qualify under the Bangladesh, one of the world's poorest na- preserve tropical forests in their coun- program. The purpose of this bill is to encour- tions, is also struggling with overwhelming PL± tries. age such activities and policies; (2) made 480 debt. At the beginning of this year, Ban- Next is to allow third parties to come clear that funds under the program may only gladesh's PL±480 debt amounted to $501.7 in and purchase debt, which will save be used to conserve and protect tropical for- million. This debt, accumulated over more tropical forests worldwide. It is a very ests; (3) deleted two purposes for these pro- than a decade, now requires substantial pay- commonsense free market approach to grams, the mitigation of greenhouse gases ments which Bangladesh, one of the world's one of our most pressing environ- and support for local cultures from eligible ac- poorest nations, can ill afford. My colleagues mental problems globally. I want to tivities under the bill. These were viewed as may recall that an oversight prevented this again thank the chairman for taking unnecessary; (4) deleted a requirement for matter from being addressed in 1993 when the lead on this. 634A notification before funds are obligated debt forgiveness legislation was approved for for debt reduction. It is understood that the b 1200 many other significant debtor countries. Any fi- Administration will voluntarily provide such no- nancial assistance given to Bangladesh is ne- I also want to thank two other Mem- tice; and (5) added forestry organizations in gated by the payments it is now required to bers who could not be here with us the beneficiary countries to membership in the make on its PL±480 debt, rather than being di- right now. One is the gentleman from administering body and board and makes rected towards worthwhile projects designed Indiana (Mr. HAMILTON) on the other them eligible to receive grants. to stabilize population growth, establish health side of the aisle, and the other is the This is a good bill. I urge my colleagues to programs, and build democracy. gentleman from Ohio (Mr. KASICH) who join me in passing this bill. To be eligible for debt reduction under H.R. took the lead as being original cospon- Mr. BEREUTER. Mr. Speaker, this Member 2870, a country must contain an appropriate sors of this legislation and pushing it rises in the strong support of H.R. 2870, the tropical forest and meet specific economic and through the process. There are many Tropical Forest Protection Act and congratu- political criteria. At the March 10, 1998, mark- other people to thank: the Nature Con- lates the distinguished gentleman from Ohio up of this legislation by the Committee on servancy, Conservation International, [Mr. ROBB PORTMAN] for introducing this impor- International Relations, the Administration tes- World Wildlife Fund and other outside tant legislation. The world's tropical forests, tified that Bangladesh did indeed possess the groups, my chief of staff, John which are biodiverse, economically crucial, requisite tropical forests of regional impor- Bridgeland. and ecologically irreplaceable, are now rapidly tance. This is a great example of how work- disappearing. Many of these forests are lo- The region in Bangladesh known as ing together we can truly address cated within developing nations that are heav- Chittagong and the Chittagong Hill Tracts con- pressing problems, in this case a press- ily dependent upon foreign aid and burdened tain much of Bangladesh's tropical rain for- ing environmental problem. I look for- by extensive external debt. H.R. 2870 enacts ests. Over the years, however, this area has ward to working with the gentleman measures to protect these fragile and complex suffered greatly from the effects of consistent from New York (Mr. GILMAN) and oth- ecosystems from further exploitation by provid- soil erosion and deforestation due to Ban- ers to ensure this bill is funded this ing a unique solution to two pressing global gladesh's ever-expanding human population year. Again, we have expedited it so problemsÐthird world debt and deforestation. as well as the effects of natural disasters. It that that is possible, also that it be im- Mr. Speaker, twelve years ago this Member remains, however, the home of biodiversity as plemented in a manner that truly pro- offered one of the first ``Debt-for-Nature'' well as a variety of wild animals, to include the tects these invaluable resources round swaps as an amendment to the International world-famous and endangered Royal Bengal the globe. Financial Institutions Act. This earlier legisla- Tiger. Mr. Speaker, continuing my reserva- tion called on the World Bank to initiate dis- The political eligibility criteria in H.R. 2870 tion of objection, I yield to the gen- cussions to ``facilitate debt-for-development require the debtor country to have a democrat- tleman from New York (Mr. GILMAN). swaps for human welfare and environmental ically-elected government which is not pursu- Mr. GILMAN. Mr. Speaker, again, I conservation.'' ing egregious policies in the area of human want to thank the gentleman from Also, this Member strongly supported the rights, narcotics, or terrorism. The State De- Ohio (Mr. PORTMAN) for his leadership 1990 legislative initiative known as ``Enterprise partment has confirmed that Bangladesh on a very important environmental for the Americas'' (EAI) introduced by Presi- meets this political criteria. measure that our side of the aisle fully dent George Bush which provided debt relief The economic eligibility criteria requires the supports. for the countries of Latin America in return for debtor country to have in place or be making Mr. HAMILTON. Mr. Speaker, I rise in sup- investments by these nations in environmental progress toward an IMF arrangement, World port of this bill. protection. This initiative remains in effect Bank structural or sectoral adjustment loans if July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5511 necessary; to have put in place major invest- The SPEAKER pro tempore. The gen- coerce teenage girls to have abortions ment reforms; and, if appropriate, to have tlewoman from North Carolina (Mrs. out of State and without their parents’ agreed with its commercial bank lenders on a MYRICK) is recognized for 1 hour. knowledge. satisfactory lending program. Mrs. MYRICK. Mr. Speaker, for the The Child Custody Protection Act It is this Member's understanding that the purpose of debate only, I yield the cus- will put a stop to this child abuse. If IMF is negotiating a potential staff-monitored tomary 30 minutes to the gentlewoman passed, the law would make it a crime program with Bangladesh. In addition, as evi- from New York (Ms. SLAUGHTER), pend- to transport a minor across State lines dence of major investment reforms, Ban- ing which I yield myself such time as I to avoid laws that require parental gladesh has concluded a bilateral investment may consume. During consideration of consent or notification before an abor- treaty with the United States. this resolution, all time yielded is for tion. On a preliminary basis, the Department of the purpose of debate only. Right now a parent in Charlotte, the Treasury has determined that if Ban- Yesterday, the Committee on Rules North Carolina, must grant permission gladesh concludes its negotiations on an IMF met and granted a closed rule for H.R. before the school nurse gives their staff-monitored program, it should meet with 3682, the Child Custody Protection Act. child an aspirin, but a parent cannot economic eligibility requirements for debt re- The rule provides for consideration of prevent a stranger from taking their duction under this legislation. H.R. 3682 in the House with 2 hours of child out of school and up to New York Based on the above, this Member con- debate equally divided between the City for an abortion. This is plain non- cludes that Bangladesh does indeed meet all chairman and ranking minority mem- sense. It has to be stopped. three provisions of this legislation. Debt ber of the Committee on the Judiciary. Let us do something to help thou- buybacks such as are envisioned in this legis- It also provides the Committee on the sands of children in this country. Let lation would permit Bangladesh address its lin- Judiciary amendment now printed in us pass the Child Custody Protection gering debt problem, while preserving its the bill will be considered as adopted. Act and put an end to the absurd no- threatened tropical forests. Finally, the rule provides for one mo- tion that there is some sort of con- In conclusion, Mr. Speaker, this Member tion to recommit with or without in- stitutional right for an adult stranger would again like to thank the distinguished structions. to secretly take someone’s teenage gentleman from Ohio [Mr. PORTMAN] for intro- Mr. Speaker, the Child Custody Pro- daughter into a different State for an ducing this important piece of legislation. This tection Act is important to any parent abortion. Member would also commend the efforts of who has a teenage daughter. As we I urge my colleagues to support this the Chairman of the Committee on Inter- know, people in several States have re- rule and support the underlying legis- national Relations, the distinguished gen- cently decided that a parent should lation. tleman from New York [Mr. GILMAN] for the know before their child has an abor- Mr. Speaker, I reserve the balance of leadership he had demonstrated over the tion. We all hope that our teenage my time. years on environmental matters. daughters have the wisdom to avoid (Ms. SLAUGHTER asked and was GENERAL LEAVE pregnancy, but if they make a mistake, given permission to revise and extend Mr. GILMAN. Mr. Speaker, I ask a parent is best able to provide advice her remarks.) unanimous consent that all Members and counseling. Also more than anyone Ms. SLAUGHTER. Mr. Speaker, I have 5 legislative days within which to else, a parent knows their child’s medi- yield myself such time as I may con- revise and extend their remarks on the cal history. For these reasons, my sume. I thank the gentlewoman from matter being considered. home State of North Carolina requires North Carolina for yielding me the cus- The SPEAKER pro tempore (Mr. a parent to know before their child tomary 30 minutes. EWING). Is there objection to the re- checks into an , as does Mr. Speaker, I oppose this closed quest of the gentleman from New the State of Pennsylvania. rule. The majority claims to favor full York? Last month, though, the Senate and free debate on important issues There was no objection. Committee on the Judiciary heard but, however, on this controversial bill Mr. PORTMAN. Mr. Speaker, I with- chilling testimony about how law- the majority has chosen to prohibit draw my reservation of objection. breaking citizens risk children’s lives any amendments from being offered. The SPEAKER pro tempore. Is there by taking them from their parents for Although no amendments will be al- objection to the initial request of the out-of-State abortions. Before the Sen- lowed, the rule allows two hours of de- gentleman from New York? ate Committee on the Judiciary, Joyce bate instead of the usual one. This pro- There was no objection. Farley, a mother from Pennsylvania, posed rule for floor consideration A motion to reconsider was laid on told the tragic story of her 13-year-old might lead a cynic to believe that the the table. daughter. majority does not want to actually per- f Three years ago this summer, a fect legislation on a health and privacy stranger took Mrs. Farley’s child out issue. But, no, this process and this CHILD CUSTODY PROTECTION ACT of school, provided her with alcohol, rule do not foster deliberation, but are Mrs. MYRICK. Mr. Speaker, by direc- transported her out of State to have an more conducive to a 2-hour campaign tion of the Committee on Rules, I call abortion, falsified medical records at sound bite designed to label opponents up House Resolution 499 and ask for its the abortion clinic and abandoned her of this bill as antiparent and immediate consideration. in a town 30 miles away, frightened and antifamily. The Clerk read the resolution, as fol- bleeding. Why? Because this stranger’s I must also voice my strong concerns lows: adult son had raped Joyce Farley’s with the bill made in order by this Resolved, That upon the adoption of this teenage daughter, and she was des- rule. The so-called Child Custody Pro- resolution it shall be in order to consider in perate to cover up her son’s tracks. tection Act has the potential to in- the House the bill (H.R. 3682) to amend title Even worse, this all may have been crease the number of unsafe, back- 18, United States Code, to prohibit taking legal. It is perfectly legal to avoid pa- alley abortions in this country and to minors across State lines to avoid laws re- quiring the involvement of parents in abor- rental abortion consent and notifica- place the lives and health of young tion decisions. The bill shall be considered as tion laws by driving children to an- women at risk. read for amendment. The amendment rec- other State. This is wrong, and it has This bill would criminalize the act of ommended by the Committee on the Judici- to be stopped. bringing a minor across State lines to ary now printed in the bill shall be consid- According to the Reproductive Law obtain an abortion without parental ered as adopted. The previous question shall and Policy Center, a pro-abortion consent. Make no mistake, I have very be considered as ordered on the bill, as group in New York, thousands of adults serious concerns about unwanted preg- amended, to final passage without interven- across the country carry children over nancies and abortions among young ing motion except: (1) two hours of debate on State lines to get abortions in States women, but my colleagues who support the bill, as amended, equally divided and controlled by the chairman and ranking mi- without parental notification laws. this bill fail to understand that those nority member of the Committee on the Ju- These clinics advertise in the yellow young women who have healthy family diciary; and (2) one motion to recommit with pages that no parental consent is need- relationships will seek parental in- or without instructions. ed. So-called men in their 20s and 30s volvement and consent. But we know H5512 CONGRESSIONAL RECORD — HOUSE July 15, 1998 that far too many young people do not will join me in voting to defeat the pre- minor across State lines from a State live in either intact or supportive fami- vious question. And if the previous which has consent or notification laws lies. Indeed, a family member may question is defeated, I will offer an to a State without them in order to ob- have been responsible for the preg- amendment to the rule to make in tain an abortion. nancy. order all of the amendments submitted Across the Nation, Mr. Speaker, our Congress cannot legislate healthy, to the Committee on Rules. That would children are required to obtain paren- open family relationships. This bill allow the House to perfect the bill so tal permission slips for field trips, for will force some young women to seek that it might really have a chance of medication in schools and other things. unsafe abortions placing their health enactment into law. I know in my community of Miami, and even their lives at risk. Mr. Speaker, I oppose this closed rule Florida, we have one of the largest pub- We would all hope that a pregnant because it circumvents thoughtful con- lic school systems, and we have forms minor would have the support and the sideration of an important public that the parents need to fill out if your proper medical care that she needs. health issue. I urge my colleagues to child is going to be given an aspirin or However, if the medical well-being of defeat the previous question, defeat the given any kind of medication in school. the minor is our concern, Members closed rule, and, most importantly, de- We have forms that parents have to fill should vote against the bill. feat the underlying bill. out if your child is going to be taken Does anyone believe that a minor Mr. Speaker, I reserve the balance of with the school on an organized and su- driven by this bill to seek an abortion my time. pervised field trip. alone by herself, because the bill does Mrs. MYRICK. Mr. Speaker, it is my b 1215 allow her to go alone, will fare better understanding that State parental no- than a minor who has a relative or tification laws already have all medi- We have forms that the parents have friend to go with her to make sure that cal exceptions and judicial bypass pro- to fill out if they want to take their she is all right? cedures to provide for a child’s health child early from the school grounds. This bill could result in the death or in them. Yet for an abortion, no such consent or permanent disability of young women Mr. Speaker, I yield such time as she notification is required and, in fact, a forced to seek abortions without the may consume to the gentlewoman from child can be transported across State support of the adults that she may Florida (Ms. ROS-LEHTINEN). lines for this sensitive and serious op- trust because they will be afraid of im- Ms. ROS-LEHTINEN. Mr. Speaker, I eration. prisonment if they help her, even if rise in strong support of the rule to These requirements in the schools they talk with her. H.R. 3682, the Child Custody Protection are in place to ensure that parents are Now, some claim that this bill is Act. aware of their minor children’s activi- about States rights to enforce States This much-needed legislation will as- ties and to ensure their safety. Is it too laws, but if that is the rationale of this sure that the rights of parents across much to ask that our children, who re- bill, this bill is far too narrow. Why not the Nation are not trampled by strang- quire parental consent to take aspirins put a prohibition on selling any guns ers who, without the knowledge of the in schools, that they receive these to out-of-State buyers who are evading parents, take the minor girls to obtain forms, yet for a possibly life-threaten- their own State’s guns regulation? My an abortion. This bill, H.R. 3682, would ing medical procedure, with serious State of New York would be far safer if assure that the State’s parental con- physical and mental ramifications, no that prohibition were law. such consent should be given? I do not Perhaps we should consider passing a sent or notification laws are not think so, Mr. Speaker. law to prevent people from shopping in evaded by these unscrupulous persons I would like to show my colleagues other States where the sales taxes are who seek to play and pretend to be some of the ads that have been placed lower than in their State. Maybe mother and father to our children. in publications in Pennsylvania. These Americans should be prevented from Right now 16 States have parental are ads in the Pennsylvania telephone going to casinos if they are from a consent laws on abortion, and 10 others State where gambling is illegal. have parental notification laws. Yet directory saying, ‘‘Come to Pennsyl- Of course, such laws would be both ri- these are for naught because the abor- vania?’’ No. ‘‘Come to Maryland.’’ This diculous and unconstitutional. Harvard tion clinics are able to bypass these is an ad in Pennsylvania saying come Professor Lawrence Tribe has stated laws. This common-sense legislation to Maryland for this abortion proce- that H.R. 3682 violates the Constitution that is before us today is what is need- dure because, children, there is no pa- in the three following ways: ed to make sure that our State laws rental consent in our State of Mary- One, it breaches the constitutional are respected. land. principles of federalism; two, it im- This bill will assure that what will Here is another ad, again in Pennsyl- poses an undue burden upon the con- not happen is what happened to Joyce vania, where it says, ‘‘Come to a clinic stitutional right to choose an abortion; Farley who was with us this morning. in Pennsylvania?’’ No. ‘‘Come to a clin- three, it lacks the constitutionally re- She described a terrible situation in ic in New Jersey.’’ An ad in Pennsyl- quired emergency exception for cir- her family where her daughter, without vania for an abortion clinic in New Jer- cumstances where the health of the Mrs. Farley even knowing about it, was sey, and they are trying to lure chil- pregnant minor would require travel transferred to another State in order dren from their parents, lure children across State lines for an abortion. to have an abortion. And then what away at this very sensitive time, where When a distinguished scholar raises happened was, because abortion is a se- they could be discussing this difficult constitutional objections about a bill, rious medical procedure that could decision with their parent. it is folly to prohibit Members from have life-threatening ramifications, Now, is this a common sense bill? Of amending the bill to meet those objec- Mrs. Farley had her young daughter in course, it is, Mr. Speaker. In fact, there tions. But, unfortunately, the support- a very difficult physical state, and this was a poll recently done, and I know ers of this law have decided once again is not legislation that we should really the gentlewoman from North Carolina to flout the Constitution and the prin- worry so much about. (Mrs. MYRICK) alluded to it, showing 85 ciples of health care and confidential- Some Members are saying, this is a percent of the people say yes to the ity in their unending quest to make constitutionally sacred, protected Ros-Lehtinen and Abraham Child Cus- abortion inaccessible, if not illegal. right of abortion. Yet nowhere in these tody Protection Act. When they were They do not expect this bill to be- Supreme Court decisions does it say asked should a person be able to take a come law. In fact, they know that it that the abortion mills should have the minor girl across State lines to obtain will not. They do expect, however, to right to transfer and transport girls an abortion without her parents’ score political points with particular across State lines to have an abortion knowledge, they say no, of course not. special interest groups. President Clin- without the girl’s parents even know- No, strongly agreed, 78 percent; no, ton’s advisors have recommended he ing about it. somewhat disagree, 7 percent. So 85 veto the bill in its current form. This bill will assure that this does percent say, of course, parents should If the bill’s proponents are serious not happen, again, by making it a Fed- have the right to be informed about about enacting this bill into law, they eral offense for an adult to transport a this decision. Parents should be there July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5513 to help their minor girls. And I urge talk to. But yet they both came from of Texas does not require parental consent or my colleagues to support the rule for prominent families. notification, , which borders my 3682. This does not make sense. Or maybe home State requires parental consent before a Ms. SLAUGHTER. Mr. Speaker, I we are not familiar with Alisha. minor can receive an abortion. If H.R. 3682 is yield 4 minutes to the gentlewoman My mom is a single parent and is in a passed, the bill would have the effect of feder- from Texas (Ms. JACKSON-LEE). treatment facility for drugs and alcohol. I ally criminalizing these laws, extending their Ms. JACKSON-LEE of Texas. Mr. got pregnant while my mom was still in effect to States that have chosen not to enact Speaker, I thank the gentlewoman for treatment. I am not ready to raise a child at such an obstructive and potentially dangerous this point in my life. The father of my child yielding me this time and for her lead- statute. ership. doesn’t want the child. My mother is not fi- nancially able. I am also a patient through I received a letter from a constituent in Frankly, I think that most Ameri- MHMRA, which is a mental health and retar- Houston, Texas, a fifteen year old girl whose cans would opt to answer a question dation system. mother, a single parent was in a treatment fa- when asked if some person should be Do we not realize that Americans are cility for drugs and alcohol. This young woman able to take our children across State made up of all shapes and sizes? Yes, found herself pregnant while her mother was lines to encourage or to create the op- this bill has a good purpose to it, but it still in treatment, and without any offer of help portunity for an abortion, all parents is misdirected because it penalizes from her boyfriend, she made the decision to and people who care would be in great grandmothers, it penalizes a single par- have an abortion. As a child herself, she did opposition to something posed in that ent, a mother who comes from a two- not feel ready to care for a child. manner. parent notification state. If that moth- The true victims of this act will be young This is a debate among friends. er took that child across State lines, girls and young women. The enactment of this Frankly, there is a great deal of re- she would be criminally prosecuted be- law would undoubtedly isolate these young spect for those who support this legis- cause the father was not notified. women at a time of crisis. If a minor feels she lation, and I hope for those who oppose We need to think back to our own is unable to tell her parents about her preg- it. But what we need to discuss now is teenagehood. I simply wish the Com- nancy, she would have no recourse to receive the reality of what this very good mittee on Rules had been fair with us the medical treatment she needs at a time sounding legislation will do. Democrats who come time and time early enough in the pregnancy to perform a First of all, it will be intrusive, be- again, expressing the views of many of safe abortion. cause 33 States do have these laws and those who find these kinds of one-sided I agree that adolescents should be encour- the remainder do not. In fact, the law pieces of legislation misdirected and aged to speak with their parents about issues that we are trying to pass does not an- unfair. But yet there they were again. such as family planning and abortion. How- swer the concern of what is going on in I would ask my colleagues to oppose ever, the Government cannot mandate healthy American families. All of us would this rule primarily because it is pat- family relations where they do not already hope and advocate that every family in ently unfair. It does not take into con- exist. We need to protect our young women America be an Ozzie and Harriet fam- sideration incest and violence against from being forced to seek unsafe options to ily. Two parents discussing issues with teenagers. It does not take into consid- terminate their pregnancies, and we need to their children, sitting at the dinner eration that we, unfortunately, are not encourage them to speak with other family table, having the family picnic, and the a Land of Oz full of Ozzie and Harriet members, including their grandparents and re- regular vacation. families. ligious leaders to guide them through this time But my friends we must open our Mr. Speaker, thank you for the opportunity of crisis. eyes. Most young women have to enter- to speak on this important issue. I am strongly I am hopeful that my colleagues will also tain in their lives abuse and/or incest. opposing the closed rule imposed upon us by oppose this restrictive rule and this bill in order One-third of those who seek abortions, the Rules Committee. This bill will impose re- to allow young women to access adult guid- young women, have been the victim of strictions upon our young women which will ance and safe, legal abortions. violence in the home. They have been have devastating consequences. Mrs. MYRICK. Mr. Speaker, I yield the victim of incest. And that is the I hope that my colleagues will consider the myself such time as I may consume to reason that this particular legislation, importance of this legislation. During markup, respond to my colleague that, yes, this although it sounds pretty, does not an- and in front of Rules Committee, I offered is a closed rule. I will say that the ma- swer the question of reality. amendments which would have allowed jority of the rules on this House floor And frankly, I am disappointed in the grandparents, aunts and uncles, and clergy or since we have been in the majority Committee on Rules, because I thought religious leaders to transport a young woman have been open. that they would welcome a more open in crisis across State lines to obtain a safe This is just a clean and simple bill and a more deliberative dialogue and abortion. that is designed to help States enforce debate. But yet they have offered to Unfortunately, due to the closed rule we their parental notification laws. We de- have a closed rule so that those of us face today, family members, including a mi- cided that Congress should not override who have opposition to the limitations nor's grandparents can be criminally pros- the wishes of voters in 20 States by al- of this law could not readily come to ecuted for assisting their granddaughter in ob- lowing amendments that would weaken the floor and debate it in an open man- taining an abortion. A pregnant minor needs parental notification laws, and that is ner. It is a shame to say that a fix is in someone to speak with, and someone to trust. the reason for the closed rule. in the Committee on Rules. And it hap- If we force our daughters, our granddaughters, Mr. Speaker, I yield 3 minutes to the pens time after time after time when our sisters, and our nieces and cousins to act gentleman from Florida (Mr. LINCOLN Democrats have reasonably thought without the guidance of someone they can DIAZ-BALART). out amendments, amendments that trust, where will they turn? Perhaps this bill Mr. DIAZ-BALART. Mr. Speaker, make sense, and yet the Committee on should be called the teen endangerment act! this legislation, and I am proud to be a Rules sees fit to have a closed rule. In fact, yesterday, the House passed legisla- cosponsor of it today, the Ros-Lehtinen What am I talking about? The grand- tion which recognized the importance of Abraham legislation, is extraordinarily mother rule. Do my colleagues realize grandparents in the lives of their grand- important and I think it is fitting and that this legislation will hold a grand- children. Republicans and Democrats alike just that we adopt it today and, hope- mother criminally liable, with a sen- spoke about how grandparents could offer fully, with a very, very large bipartisan tence of 1 year in jail, if because of her guidance and love and encouragement to their margin. caring, loving attitude the young grandchildren. Yet, the legislation before us Poll after poll after poll shows that woman has come to her and asked her today would criminalize grandparents' involve- the overwhelming majority of the for advice. What about the male part- ment in their granddaughters' lives. American people support the right of ner; does he not have any responsibil- I am very concerned about children and the parents to be notified if their chil- ity? Are our minds so limited that we teenagers in America and I want teenage dren are going to have abortions. And cannot recall the tragedy of the two women to have the right to reproductive health as the gentlewoman from North Caro- New Jersey teenagers? What did they care. lina (Mrs. MYRICK) has stated, 20 States do? Alleged and convicted of killing Currently parental involvement laws are in have adopted laws to require parents to their baby because they had no one to effect in 30 States. Although my home State be notified. H5514 CONGRESSIONAL RECORD — HOUSE July 15, 1998 But an industry has developed, in ef- making laws which force one family in the best position to ensure that ef- fect, to void, to evade, to dodge those member to confide in another. There fective and speedy treatment is pro- laws passed by the sovereign will of the may be very good reasons a pregnant vided. people of 20 States who have said we teen does not want to deal with a par- I would ask that every Member of want there to be parental notification. ent. He or she could be abusive. There this House, regardless of their position So what we are saying is, no, no, they could be a history of incest. Alcohol or on the overall issue of abortion, read should not be able to, by subterfuge, by drug use could be a factor, or she sim- this article in the New York Times by plan, evade and dodge those laws. We ply does not feel comfortable telling a Dr. Luccio; and I think it will be very are saying no, no, they cannot create parent. enlightening to them on the issue of an industry that, in effect, even in This legislation is not about protect- the health of the young girls who are writing, in publications such as the ing young women from undue influ- involved in this. phone books, the yellow pages, an in- ence, it is about stripping our young Now, I am also struck by the con- dustry that says evade the law, dodge people of essential support. It is not stitutional argument that has been the law in one State, come across the about helping our children, it is about made here. If we listen, in essence, border, and the law will not apply. abortion politics, and it puts our kids what the opponents of this bill are ar- That is something that is very serious. at risk. guing is that minors have a constitu- Obviously, the underlying topic that I urge a ‘‘no’’ vote against this so- tional right that ensures their right of is dealt with here is very serious as called child custody bill and against interstate travel to evade parental su- well. If there is a child with a problem, this rule which did not allow one single pervision. the parent should know about that Democratic amendment. I urge a ‘‘no’’ Well, that is absurd. There is no such child’s problem, to work with that vote on this rule. right of minors to interstate travel to child in finding the most just, the most Mrs. MYRICK. Mr. Speaker, I yield evade parental supervision. The Su- humane solution precisely for that such time as he may consume to the preme Court has never found that there child. That is why 20 States have taken gentleman from Florida (Mr. CANADY). is any such right. And, on the contrary, the step of requiring that the parents Mr. CANADY of Florida. Mr. Speak- the Supreme Court has found that pa- of the child be notified. er, I thank the gentlewoman for yield- rental involvement laws, whether they So what we are saying is, no, they ing me this time. be consent laws or notification laws, cannot avoid, they cannot evade, they I am struck, as I listen to the debate that they meet certain standards that cannot dodge the laws by creating here today, by the fact that the oppo- have been articulated by the Supreme what has happened, which is this indus- nents of this bill really are here ex- Court are valid and constitutional; and try that has risen precisely to make pressing opposition to the acts of State those are the kinds of laws that we are the laws, the State laws, worthless. legislatures. They are here, in effect, seeking to enforce through the bill And that is why this legislation is so expressing opposition to the decisions that we have here today. very important and so timely, and I of the Supreme Court. Because it is the All we are saying is that someone commend the leadership for bringing it State legislatures that have passed the should not be able to move a minor forward, for supporting the gentle- parental involvement laws that we are across State lines in an effort to evade woman from Florida (Ms. ROS- seeking to help them enforce, and it is and thwart the legitimate purposes of LEHTINEN) and, of course, my col- the Supreme Court of the United those valid constitutional State laws. leagues on the Committee on Rules for States which has upheld, under the Now, let me say this: The Supreme having brought it forth as expedi- Constitution, the validity of these pa- Court has recognized the right of par- tiously as it has been brought forth. rental involvement laws. ents. The Supreme Court in this con- Ms. SLAUGHTER. Mr. Speaker, I So the arguments that we are hear- text has not recognized the right of yield 2 minutes to the gentlewoman ing time and time again that are being cousins, siblings, grandparents, aunts, from New York (Mrs. MALONEY). urged on us as reasons for not support- uncles, pastors, teachers, or anybody Mrs. MALONEY of New York. Mr. ing this bill are really arguments that else to be involved in a minor’s deci- Speaker, I thank the gentlewoman for are aimed at the Supreme Court of the sion to have an abortion. It is the par- yielding me this time and for her lead- United States and of the State legisla- ents who have that right to be in- ership on this issue and many others. I tures which have seen fit to adopt con- volved. rise in opposition to this rule and to stitutional valid parental involvement The courts have recognized that, and this bill, as I have risen in opposition laws. the legislatures have recognized it. And to every other piece of legislation that Now, I think it is also somewhat I think it is an entirely appropriate use has moved through this Congress which ironic that we keep hearing about the of our power in the Congress to help attacks abortion rights. health of young girls. And I would ask the States carry out their policy in This Congress is working to disman- that the Members read something that this area. tle a woman’s most hard fought rights, appeared on the op-ed page of The New Ms. SLAUGHTER. Mr. Speaker, I the right of a safe, legal abortion. Pro- York Times on Sunday, July the 12th. yield 3 minutes to the gentleman from cedure by procedure, obstruction after The heading for the column: ‘‘Is Paren- Virginia (Mr. SCOTT). obstruction this antiwoman Congress tal Guidance Needed?’’ It is very inter- Mr. SCOTT. Mr. Speaker, first I is succeeding. This time the targets are esting because it is by Bruce Luccio, a think we ought to remind ourselves on our Nation’s young people. prominent abortion doctor, and a what this bill does. It does not require This bill will criminalize the act of prominent advocate of abortion rights. parental notification or consent when a taking a noncustodial minor out of minor goes across State lines. What it b State, which requires parental consent, 1230 does is prohibit someone from accom- to have an abortion. All of us would Now, I do not agree with Dr. Luccio’s panying them. hope that our children would be able to position on abortion, and I would be In this bill, the child can still evade confide in us. I am sure that the par- quick to point that out, but I do agree the parental consent laws of the State ents of Amy Grossberg felt that she with his conclusion about this bill, be- and go across State lines alone, but could confide in them. However, family cause Dr. Luccio recognizes, and I this bill would criminalize anybody ac- loyalty kept her from doing that and quote, that the passage of this bill is companying them. the situation turned tragic. Sometimes important to the health of teenage Mr. Speaker, I want to speak against a teenager simply cannot confide in her girls. the closed rule. It prohibits the ability, own family. And if she has no other al- Dr. Luccio recognizes that it is the our ability, to consider some very im- ternative, no other adult who will help parents who are in the best position to portant amendments. The administra- her, she will inevitably resort to an un- help ensure that the health concerns tion, in a statement of administration safe, unclean, underground clinic, or that are relevant when an abortion is policy, has indicated that the senior worse. being contemplated are fully consid- advisors of the President will rec- Family values simply cannot be leg- ered, and if there are complications in ommend a veto unless these amend- islated. This Congress has no business an abortion, it is the parents who are ments are in the bill. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5515 In recent letters from the White ernment and the Members of this consent for conception. Why do we House Chief of Staff to the House and House cannot replace broken family think they are going to ask it with ref- Senate Committees on the Judiciary, ties or the inability of families to com- erence to the choice of abortion?’’ the administration in fact said it would municate. The idea of putting a grandmother in support legislation of this nature if it This piece of legislation does not jail, putting a big sister in jail, putting had these few amendments, specifically concern strengthening families, it con- a clergy member in jail because they an amendment to exclude close family cerns advancing an agenda of the most were willing to help a desperate young members from criminal and civil liabil- fanatical people with reference to this woman make a tough choice is wrong, ity. Under the legislation, grand- question of invading personal choice. and we ought to vote down this bill. mothers, aunts, uncles, minor and If we read what they have written, Mrs. MYRICK. Mr. Speaker, I yield 2 adult siblings could face criminal pros- the fanatics on this issue, we will find minutes to the gentleman from New ecution for coming to the aid of a rel- that they believe that in this country Jersey (Mr. PAPPAS). ative; also, to ensure that persons who their ultimate goal is to make it a Mr. PAPPAS. Mr. Speaker, I rise only provide information, counseling, criminal offence, they view it as mur- today in strong support of the Child medical services to the minor would der, for anyone at any time after con- Custody Protection Act. Ending human not be subject to liability; and address ception to have an abortion. They want life through abortion is harmful to all several constitutional and legal infir- to put women who exercise this choice involved no matter what age they are. mities that the Department of Justice in jail. And they also want to place in It is further worsened when an adult has identified in the legislation. Those jail every health care provider who pro- nonparent violates the law by taking a concerns were transmitted to the vides for an abortion at any time after child across State lines to obtain an House Committee on the Judiciary on conception. abortion. June 24, 1998. And recognizing that that fanatic Our world is often an uncertain place The administration also has serious agenda which they have written about for young people. Abortion providers concerns about the federalism issues. cannot be implemented because it is and other strangers cannot offer the However, as indicated, if the amend- opposed by the vast majority of the permanent support that only parents ments that they have suggested are American people, they have decided to can give. What they want to do is pro- adopted, they could support the legisla- approach this issue one group at a time mote their abortion agenda with com- tion. This closed rule prohibits our and one procedure at a time. So they plete disregard for family input in such ability to consider that legislation. have done their polls. an important decision. And, therefore, the senior advisors, And next week I think we have a Contrary to what seems to be the em- even if this bill were to pass, will rec- chance to consider this question of one phasis of the opposition to this bill, ommend a veto. very rare procedure that President parents are not generally evil. They We should oppose the closed rule, op- Clinton had the courage to veto when are and should be encouraged to be pose the motion on the previous ques- they passed legislation last year. And part of the healing process, and their tion. We should vote no on the previous so they are going to criminalize it one rights must be respected, too. This bill question so that the rule could be procedure at a time, and today they does just that. amended to consider these various propose to criminalize it one group at a This is why I urge my colleagues to amendments. If the previous question time. And this particular group in- vote in favor of life and in favor of pro- is ordered, we should just vote no on cludes people like big sisters, grand- tecting our daughters and families. the rule. mothers, stepparents, best friends, Vote for the Child Custody Protection Mrs. MYRICK. Mr. Speaker, I reserve even members of the clergy, that might Act. the balance of my time. be consulted by a young woman in a Mrs. SLAUGHTER. Mr. Speaker, I Ms. SLAUGHTER. Mr. Speaker, may very troubled situation and advise or yield 4 minutes to the gentleman from I have the division of the time, please. help her to cross a State line to receive North Carolina (Mr. WATT), a constitu- The SPEAKER pro tempore (Mr. these kind of services. That person tional scholar. EWING). The gentlewoman from New could be put in jail. Mr. WATT of North Carolina. Mr. York (Ms. SLAUGHTER) has 161⁄2 minutes I maintain that what is at stake here Speaker, I thank the gentlewoman for remaining, and the gentlewoman from today is this fanatic movement to ulti- yielding time. North Carolina (Mrs. MYRICK) has 131⁄2 mately criminalize the choice being ex- I have very strong feelings about the minutes remaining. ercised on this very private decision by bill itself. It is an unprecedented piece Ms. SLAUGHTER. Mr. Speaker, I a woman—to put women in jail and to of legislation. It is an unconstitutional yield 4 minutes to the gentleman from put every health care provider involved piece of legislation, and it has some se- Texas (Mr. DOGGETT). in jail. And I see my colleague from vere unintended consequences. Mr. DOGGETT. Mr. Speaker, I have New York (Mrs. LOWEY). She knows, I do not want to talk about the bill the deepest personal respect for those well, we face this same issue later in this rules debate. I want to talk whose religion or other personal con- today on other legislation. about democracy and how democracy viction causes them to take a different This same group of fanatics also works. view than I have on the question of wants to limit access to contraceptives We had a bunch of amendments to abortion. But my respect does not go because they seem to believe that the try to address some of the concerns so far as to suggest that I believe they right of motherhood is more than that. that we had about this bill. We took ought to be able to impose their reli- It will be imposed without any choice those amendments and we presented gious views on this issue on someone on the part of women in our society. them up on the third floor to the Rules who does not share those views. So it is essential that we vote down Committee, and the Rules Committee Further, I think personally of my this agenda and stop the path toward said, no, we will not allow you to have own experience as a father. With my criminalizing choice for women in this a debate on those amendments. They wife of 29 years, we have raised two country. might improve the bill. They might wonderful daughters. And it is trou- The surveys show that 30 percent of allow the President to sign a bill into bling to think that there would be a the young women who choose not to law if some of them were passed. They time in a crisis, including a crisis in- notify their parents, when you look at might enlighten the general public. volving an unwanted pregnancy, when those who do not seek parental con- They might foster democracy, but you they would not want to come to one of sent, are people that have been victims are not going to be allowed to have a us and discuss this matter. of family violence. debate on those amendments. And yet, I know that this piece of I thought it was all summed up by a That is what this rule is about. It is legislation is not about strengthening colleague of mine in the Texas Senate about democracy and how democracy family ties, because the whole dif- from west Texas, who said, when asked works in this House. ference of opinion that I have with about these parental consent laws, We have amendments where in the those who feel so strongly on this abor- ‘‘well, you know, I have not met very minority not one single amendment of tion question is that the Federal Gov- many young girls who ask parental a Democratic Member, or any Member H5516 CONGRESSIONAL RECORD — HOUSE July 15, 1998 of this House, was allowed to be consid- I served in the Pennsylvania legisla- Mrs. LOWEY. Mr. Speaker, I rise in ered under the rule under which we will ture when we established the parental strong opposition to this rule, and I be debating this issue. consent law for the specific purpose of ask my colleagues to join me in defeat- It was not because I did not show up. keeping our young girls safe and under ing it. I showed up at the Rules Committee, the authority of their parents espe- This bill is dangerous; and, as we even though they scheduled the Rules cially for such a decision as an abor- have heard from so many of our col- Committee hearing on this bill at a tion. That law was specifically de- leagues, the Committee on Rules has time when we were not even back in signed to prevent situations like the refused to allow us to propose even the session. They announced it while we one that occurred in 1995 where a 12- most reasonable changes to it. This bill were out of session so that we would year-old Pennsylvania girl became will put our daughters at risk. Under not know that it was going on. I came pregnant after sexual involvement with this legislation young women, who feel back in here and got straight off the an 18-year-old man. As many of my col- they cannot turn to their parents when plane, picked up my papers, went to leagues have heard by now, this fright- facing an unintended pregnancy, will the Rules Committee and I said, I have ened 12-year-old was taken by the be forced to fend for themselves with- two amendments that I think would man’s mother from Pennsylvania to out any help from a responsible adult. help make this bill constitutional. New York, and in New York she under- Some will seek dangerous back-alley b 1245 went a painful and serious medical pro- abortions close to home. Others will travel alone to unfamiliar places for So I am not here as one that did not cedure and abortion. She had this abor- abortions. This measure will isolate do what I was supposed to do in the tion without her parents even knowing young women, not protect them. democratic process. I respect the rights that she was pregnant. Yet abortion clinics in Pennsylvania’s neighboring And, unfortunately, despite a veto of the Committee on Rules, I respect threat from the White House, the Com- the rules of this House, but when the States, New York, New Jersey, Mary- land, seek still to pedal their services mittee on Rules has prohibited us from Committee on Rules looks at me and offering even one amendment to make says, ‘‘Notwithstanding the fact that through Pennsylvania newspapers and the bill better. The President has said you came here and asked us to make even to anyone who opens up a Penn- he will sign the bill if it is altered, but, your amendment in order, and you told sylvania phone book. once again, the GOP leadership has us that you would like to help make Mr. Speaker, I brought a copy of an demonstrated that it would rather this bill a constitutional bill rather ad from the yellow pages in the capitol where I served in Harrisburg titled have an election-year issue than a bill. than an unconstitutional bill,’’ and One of our principal objections to the ‘‘Abortion.’’ Here it says: Hillcrest when the chairman of the Committee legislation is that it will subject grand- on Rules looks at me saying, ‘‘I’m the Women’s Medical Center, and it gives a mothers and siblings and other close arbiter of what is constitutional in this 1–800 number that can be called in relatives to criminal prosecution for country; I’m the only person that gets Rockville, Maryland, and it specifi- coming to the aid of a relative in dis- to make that decision,’’ then that is a cally says: No parental consent. tress. The gentlewoman from Texas violation of democracy. I have here a letter with me today (Ms. JACKSON-LEE) went to the Com- And that is what this rule is all from the Attorney General of Pennsyl- mittee on Rules to address this issue. about. And that is why, my colleagues, vania, Mike Fisher. I would not call Her amendment would have exempted without regard to how they feel about him a fanatic. He defended the judg- grandparents and other close relatives abortion, without regard to how they ment of the woman who interfered with from criminal prosecution under this feel about choice, without regard to the mother’s custody of her child. Here bill. Unfortunately, that amendment whether this is a good or a bad bill or is what he says. was rejected by the Committee on not, this rule ought to be defeated. Be- Quote: We must do what we can to Rules; and so under this legislation cause if my colleagues support democ- ensure that a parent’s right to be in- grandmothers will be jailed for helping racy and debate and an informed elec- volved in their daughter’s decision re- their granddaughters, aunts impris- torate, there ought to be a debate on garding abortion is protected. I will oned for assisting their nieces, brothers these amendments, there ought to be continue to protect the rights of par- for aiding their sisters, all in the name consideration of these amendments on ents throughout Pennsylvania by de- of so-called family values. the floor of the United States House of fending our parental consent laws. I re- Representatives. What will the police do? Set up gran- spectfully urge you to protect the ny checkpoints to catch grandmothers That is what this is about. rights of parents across the Nation by Vote no on this rule so that we can helping their granddaughters? Will we supporting H.R. 3682. The legislation have dogs and searchlights at State send it back just to have the oppor- will help those of us in law enforce- tunity to debate some amendments borders to lock up aunts and uncles? ment protect vulnerable children by in- Mr. Speaker, I am a grandmother of that we think are important. suring that parents have a say in their Mrs. MYRICK. Mr. Speaker, I yield two, and I believe grandparents should child’s decision. End quote. myself such time as I may consume. be able to help their grandchildren By passing the Child Custody Protec- Mr. Speaker, just a point of clarifica- without getting thrown in jail. As tion Act this body will take a clear tion: much as we wish otherwise, family The Committee on Rules did give stand against the bizarre notion that communication, open and honest par- more than the normal required 48 the U.S. Constitution confers a right ent-child relationships, just cannot be hours notice, and, yes, we were out of upon strangers to take one’s minor legislated. When a young woman for town, most of the Members for 2 weeks, daughter across State lines for a secret many reasons cannot turn to their par- but our staffs were here. And, as my abortion even when a State law specifi- ents, she should certainly be able to colleagues know, usually that is what cally requires the involvement of a turn to a grandmother, or a favorite they do, is notify us that this is going parent or a judge in the daughter’s aunt, or a relative. to happen. abortion decision. As moms and dads, Democrats made other efforts to im- Also, the reason the rule is closed is it is our job to protect our young prove the legislation. The gentleman because Congress felt; I mean that we women, our daughters. The govern- from North Carolina (Mr. WATT) of- felt that Congress should not override ment should not allow our daughter’s fered an amendment to add a health ex- the wishes of the voters in 20 States lives to be endangered by turning them ception to the bill. His amendment while allowing amendments that would over to strangers for serious medical would have allowed a relative to ac- weaken their parental notification procedures. Let us protect our States’ company a young woman for an abor- laws. rights, our parental authority, but, tion if the young woman’s health was Mr. Speaker, I yield 3 minutes to the most importantly, let us protect our endangered. Demonstrating its ‘‘high’’ gentleman from Pennsylvania (Mr. Nation’s young women. Let us pass the regard for women’s health, the Com- PITTS). Child Custody Protection Act. mittee on Rules rejected that amend- Mr. PITTS. Mr. Speaker, I rise today Ms. SLAUGHTER. Mr. Speaker, I ment as well. in support of the Child Custody Protec- yield 5 minutes to the gentlewoman Mr. Speaker, I firmly believe that we tion Act. from New York (Mrs. LOWEY). should make abortion less necessary July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5517 for teenagers, not more dangerous and should be able to take a little girl, 12, away somewhere to have abortions is a difficult. We need to encourage teen- 13, 14, to another State for an abortion. wrong assumption. agers to be abstinent and responsible. I am a grandma of six. I have one This is a very good bill. It is reason- We need a comprehensive approach to grandchild reaching teenage years in a able, whether you are pro-life or pro- keeping teenagers safe and healthy. We couple years, and I would not want her choice, because we are all pro-parent need to encourage family involvement, to be taken across a State line by some and we are all pro-family. not tear families apart. of the relatives I have had in my back- Ms. SLAUGHTER. Mr. speaker, I Mr. Speaker, in the remaining time I ground. The fact that they are a rel- yield myself such time as I may con- would just like to respond to some ative does not mean that they could sume. comments of a good friend, the gen- not be the problem. Mr. Speaker, if I could respond to my tleman from Florida (Mr. CANADY). We I guess ultimately we have to start friend from Washington State, anyone have heard a lot of talk today about thinking about whether or not parents who impregnates a 12-year-old girl has States rights, and the Republican have any rights or not. This is an issue committed statutory rape and should Party is the party, say they are the of parental rights, and it is about the be imprisoned for a very long time, and party, of States rights. And yet, here rights of the parents. Do they have the I hope he was. But the issue is then, they are supporting legislation that rights in the child’s life to be ulti- the 12-year-old girl; should she be tramples all over States rights. The mately responsible for that child? forced to carry a child to term? That is bill will grant the Federal Government Now we have heard the example of probably where we have a division of brand new authority to enforce State the 12-year-old. It is real where the opinion. I think requiring girls as law. It interferes with the rights of mother of the 18-year-old took the young as 9 years old to bear children is citizens to travel between States by child across State lines; and, by the a question that society needs to talk saddling a young woman with the laws way, charges against her were dropped. about. I think it is barbaric. of her home State no matter where she She did not do anything wrong. Well, I We certainly live in a strange time. goes. I wonder if the gentleman from would tell my colleagues, as a mother This body has for years attempted to Florida might be as willing to apply of someone that had teenagers, I would take away a woman’s control over her this novel approach to other areas of be incensed because my little girl could reproductive system at the same time the law like gun control. not even get aspirin at the school with- that it rejoices over the introduction of For example, in New York we have out permission, she definitely could Viagra! very tough, sensible restrictions on not get dental work, and no hospital Congress believes it is wise enough to gun ownership. His State of Florida has would accept her, no clinic, no reputa- outlaw medical procedures it doesn’t very weak gun control laws. Would the ble physician, without her mother or like—perhaps vasectomy should re- gentleman support legislation that ap- her father’s permission. quire parental consent so at least that plied New York’s gun control laws to Now let us just get right down to would ease the double standard. New Yorkers seeking to purchase guns what an abortion is and what it does. Mr. Speaker, I yield 2 minutes to the in Florida? We have heard a lot of talk Most of the time we are dealing with a gentleman from Texas (Mr. PAUL). about States rights, but I wonder if the person that is going to bleed exten- (Mr. PAUL asked and was given per- gentleman would respond or if someone sively. We are dealing with a young mission to revise and extend his re- else would respond whether our tough woman that needs after-care. We are marks.) New York gun control laws could be dealing with someone that needs her Mr. PAUL. I thank the gentlewoman enforced in the State of Florida, for ex- mother. Now my colleagues can stand for yielding me time. ample. and say she has a right to this, but I Mr. Speaker, I rise in support of the If we are really for States rights, let say she has a right to her mother, and, rule but in opposition to H.R. 3682, the us think about that. if someone has parents that are not Child Custody Protection Act, because Mrs. MYRICK. Mr. Speaker, I yield good enough to be parents, we have it is seriously flawed. Although well myself such time as I may consume. procedures to let someone else be their motivated, the problem we are dealing As my colleagues know, the other guardian. with is the breakdown of the American side does have a motion to recommit family, respect for life and abortion, b 1300 with instructions, and it is wide open not too much freedom to travel be- for any amendments that they would Little girls of 12, 13, 14, and I know tween States. like to include in that. So I just want- some would say they are women with Having delivered nearly 4,000 babies ed to make that point for the record. the same rights as any other women, in my three decades of medical prac- Mr. Speaker, I yield 4 minutes to the no, they are little girls, are going to go tice and having seen the destructive- gentlewoman from Washington State through cramps, they are going to go ness of abortion, I strongly agree that (Mrs. LINDA SMITH). through bleeding, they are going to legalized abortion is the most egre- Mrs. LINDA SMITH of Washington. sometimes go through the need of sur- gious of all current social policies. It Mr. Speaker, I want to again say what gery, and you are telling me that I do clearly symbolizes the moral decline H.R. 3682 does, because sometimes in not have a right as a mother to know? America has experienced in the last 30 the debate what it does gets lost. I do. And that is what this bill is a part years. This bill simply makes it a Federal of. But now you are going to say that However, Federal law restricting offense to transfer a minor girl across if we do not pass this bill, everything interstate travel, no matter how well State lines to obtain an abortion in will be just fine? intended, will serve no useful purpose, order to circumvent that State’s paren- This just says you cannot take kids will not prevent abortions, and, indeed, tal consent laws. across State lines where States say will have many unintended con- It is very simple. It is a fundamental parents should be involved, at least sequences. principle that parents protect their being notified. You are saying they can It is ironic that if this bill is passed children and have the rights, unless take them to a State, bring them back, into law, it will go into effect at ap- they are not good parents, and then and they are not notified, they are not proximately the same time that the they are given to a guardian, some- involved, until the little girl starts Department of Transportation will im- times a grandparent, sometimes some- bleeding to death or she is sterile be- pose a National I.D. card on all Ameri- one else. But someone is ultimately in cause she did not take care of herself, cans. This bill only gives the Federal charge of that child because someone because she did not want to tell any- Government and big government pro- needs to be responsible to protect that body because she got across State ponents one more reason to impose the child. Without this bill our children are lines. No, you see, this is not even rea- National I.D. card on all of us. So be at risk. sonable. prepared to show your papers as you Now we hear situations today de- This bill makes sense. If we have got travel about the U.S. You may be scribed as if every family is normal and bad parents, we have procedures for transporting a teenager. every uncle, every grandma and every them. But to assume all parents are There is already a legal vehicle for cousin and everyone that would like to bad and we have to take their children dealing with this problem. Many States H5518 CONGRESSIONAL RECORD — HOUSE July 15, 1998 currently prohibit adults from taking the same offense did not offend the doctrine The legislation before the House underage teenagers across State lines of double jeopardy. One danger of unconsti- today is the product of extensive con- for the purpose of marriage. States tutionally expanding the federal criminal justice sideration and examination by the have reciprocal agreements respecting code is that it seriously increases the danger Committee on the Judiciary. The Sub- this approach. This is the proper way that one will be subject to being tried twice for committee on the Constitution held a to handle this problem. the same offense. Despite the various pleas markup during which more than 10 Most importantly, this bill fails to for federal correction of societal wrongs, a na- amendments were considered. The full directly address the cause of the prob- tional police force is neither prudent nor con- committee markup lasted 2 days, and lem we face regarding abortion, which stitutional. more than 20 amendments were consid- is the absurdity of our laws permitting The argument which springs from the criti- ered. the killing of an infant 1 minute before cism of a federalized criminal code and a fed- This bill has been examined and de- birth, or even during birth, and a doc- eral police force is that states may be less ef- bated more exhaustively than much of tor getting paid for it, while calling fective than a centralized federal government the legislation that comes before this this same action murder 1 minute after in dealing with those who leave one state ju- body. It is now time for Congress to birth. risdiction for another. Fortunately, the Con- pass this bill and protect the fun- The solution will ultimately come stitution provides for the procedural means for damental rights of parents to be in- when the Federal Government and Fed- preserving the integrity of state sovereignty volved in their children’s lives. eral courts get out of the way and over those issues delegated to it via the tenth Mr. Speaker, the American people allow States to protect the unborn. If amendment. The privilege and immunities overwhelmingly support this legisla- that were the case, we would not have clause as well as full faith and credit clause tion. This is a common-sense bill that to consider dangerous legislation like allow states to exact judgments from those will protect the integrity of State laws this with the many unforeseen cir- who violate their state laws. The Constitution which require a child seeking to obtain cumstances. even allows the federal government to legisla- an abortion to involve her parents in Our federal government is, constitutionally, tively preserve the procedural mechanisms that decision. a government of limited powers. Article one, which allow states to enforce their substantive State parental notification laws are Section eight, enumerates the legislative areas laws without the federal government imposing designed to secure the rights of parents for which the U.S. Congress is allowed to act its substantive edicts on the states. Article IV, to protect their daughters’ physical or enact legislation. For every other issue, the Section 2, Clause 2 makes provision for the and emotional health. However, these federal government lacks any authority or con- rendition of fugitives from one state to another. laws are frequently circumvented by sent of the governed and only the state gov- While not self-enacting, in 1783 Congress individuals who transport minors to ernments, their designees, or the people in passed an act which did exactly this. There is, States without parental involvement their private market actions enjoy such rights of course, a cost imposed upon states in laws. Some abortion clinics even adver- to governance. The tenth amendment is bru- working with one another rather than relying tise their own State’s lack of parental tally clear in stating ``The powers not dele- on a national, unified police force. At the same involvement laws to encourage minors gated to the United States by the Constitution, time, there is a greater cost to centralization of from other States to cross State lines nor prohibited by it to the States, are reserved police power. so they may obtain an abortion with- to the States respectively, or to the people.'' It is important to be reminded of the benefits out involving their parents. Our nation's history makes clear that the U.S. of federalism as well as the costs. There are Loving parents, not friends, coun- Constitution is a document intended to limit sound reasons to maintain a system of small- selors, boyfriends or other adults, the power of central government. No serious er, independent jurisdictions. An inadequate should be the ones most intimately in- reading of historical events surrounding the federal law, or a ``adequate'' federal improp- volved in a minor child’s decision as creation of the Constitution could reasonably erly interpreted by the Supreme Court, pre- important as obtaining an abortion. An portray it differently. empts states' rights to adequately address abortion is a complicated medical pro- Nevertheless, rather than abide by our con- public health concerns. Roe v. Wade should cedure that poses significant risks to stitutional limits, Congress today will likely serve as a sad reminder of the danger of mak- the mother upon which the abortion is pass H.R. 3682. H.R. 3682 amends title 18, ing matters worse in all states by federalizing performed. Someone transporting a United States Code, to prohibit taking minors an issue. young girl to another State to obtain across State lines to avoid laws requiring the It is my erstwhile hope that parents will be- an abortion exposes her to many phys- involvement of parents in abortion decisions. come more involved in vigilantly monitoring ical and emotional dangers that could Should parents be involved in decisions re- the activities of their own children rather than be avoided by involving her parents, garding the health of their children? Abso- shifting parental responsibility further upon the who may possess essential information lutely. Should the law respect parents rights to federal government. There was a time when a about her medical and psychological not have their children taken across state lines popular bumper sticker read ``It's ten o'clock; history. for contemptible purposes? Absolutely. Can a do you know where your children are?'' I sup- Mr. Speaker, it is simply outrageous state pass an enforceable statute to prohibit pose we have devolved to a point where it that any individual should be allowed taking minors across State lines to avoid laws reads ``It's ten o'clock; does the federal gov- to subvert State laws designed to pro- requiring the involvement of parents in abor- ernment know where your children are.'' Fur- tect families and children simply by tion decisions? Absolutely. But when asked if ther socializing and burden-shifting of the re- going behind a parent’s back. This bill there exists constitutional authority for the fed- sponsibilities of parenthood upon the federal protects the rights of parents to be in- eral criminalizing of just such an action the an- government is simply not creating the proper volved in the decisions of their own swer is absolutely not. incentive for parents to be more involved. children, it protects the rights of This federalizing may have the effect of na- For each of these reasons, among others, I States to enforce their own laws, and it tionalizing a law with criminal penalties which must oppose the further and unconstitutional protects the safety of our children. may be less than those desired by some centralization of police power in the national I urge my colleagues to support this states. To the extent the federal and state government and, accordingly, H.R. 3682. rule and to vote yes on the Child Cus- laws could co-exist, the necessity for a federal Mrs. MYRICK. Mr. Speaker, I yield 4 tody Protection Act. law is undermined and an important bill of minutes to the gentleman from Vir- Ms. SLAUGHTER. Mr. Speaker, I rights protection is virtually obliterated. Con- ginia (Mr. GOODLATTE). yield myslef such time as I may con- current jurisdiction crimes erode the right of Mr. GOODLATTE. Mr. Speaker, I sume. citizens to be free of double jeopardy. The fifth thank the gentlewoman for yielding me Mr. Speaker, these amendments amendment to the U.S. Constitution specifies time. would all have been in order under an that no ``person be subject for the same of- Mr. Speaker, I rise today in strong open rule. I will insert these materials fense to be twice put in jeopardy of life or limb support of this rule and H.R. 3682, the for the RECORD. . . .'' In other words, no person shall be tried Child Custody Protection Act. I want TEST OF PREVIOUS QUESTION FOR H. RES. 499 twice for the same offense. However in United to commend my good friend, the gen- H.R. 3682—CHILD CUSTODY PROTECTION ACT States v. Lanza, the high court in 1922 sus- tlewoman from Florida (Ms. ROS- Providing for consideration of the bill tained a ruling that being tried by both the fed- LEHTINEN) for introducing this impor- (H.R. 3682) to amend title 18, United States eral government and a state government for tant legislation. Code, to prohibit taking minors across State July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5519 lines to avoid laws requiring the involve- ‘‘(a) OFFENSE.—Except as provided in sub- vote on whether to proceed to an immediate ment of parents in abortion decisions. section (b), whoever knowingly transports an vote on adopting the resolution . . . [and] Resolved, That at any time after the adop- individual who has not attained the age of 18 has no substantive legislative or policy im- tion of this resolution the Speaker may, pur- years across a State line, with the intent to plications whatsoever.’’ But that is not what suant to clause 1(b) of rule XXIII, declare the evade the requirements of a law requiring they have always said. Listen to the Repub- House resolved into the Committee of the parental involvement in a minor’s abortion lican Leadership ‘‘Manual on the Legislative Whole House on the state of the Union for decision, in the State where the individual Process in the United States House of Rep- consideration of the bill (H.R. 3682) to amend resides shall be fined under this title or im- resentatives,’’ (6th edition, page 135). Here’s title 18, United States Code, to prohibit tak- prisoned not more than one year, or both. how the Republicans describe the previous ing minors across State lines to avoid laws question vote in their own manual: requiring the involvement of parents in abor- AMENDMENT TO H.R. 3682, AS REPORTED, ‘‘Although it is generally not possible to tion decisions. The first reading of the bill amend the rule because the majority Mem- OFFERED BY MS. JACKSON-LEE OF TEXAS shall be dispensed with. General debate shall ber controlling the time will not yield for be confined to the bill and shall not exceed Add at the end the following: the purpose of offering an amendment, the one hour equally divided and controlled by (c) STUDY.—Not later than one year after same result may be achieved by voting down the chairman and ranking minority member the date of enactment of this Act, the Gen- the previous question on the rule . . . When of the Committee on the Judiciary. After eral Accounting Office shall study the im- the motion for the previous question is de- general debate the bill shall be considered pact the amendment made by this Act has on feated, control of the time passes to the for amendment under the five-minute rule. It the number of illegal and unsafe abortions Member who led the opposition to ordering shall be in order to consider as an original and increased parental abuse, and report to the previous question. That Member, because bill for the purpose of amendment under the Congress the results of that study. he then controls the time, may offer an five-minute rule the amendment in the na- amendment to the rule, or yield for the pur- ture of a substitute recommended by the AMENDMENT TO H.R. 3682, AS REPORTED, pose of amendment.’’ Committee on the Judiciary now printed in OFFERED BY MS. JACKSON-LEE OF TEXAS Deschler’s ‘‘Procedure in the U.S. House of the bill. The committee amendment in the Page 4, after line 11, insert the following: Representatives,’’ the subchapter titled nature of a substitute shall be considered as ‘‘(3) The prohibitions of this section do not ‘‘Amending Special Rules’’ states: ‘‘a refusal read. All points of order against the commit- apply with respect to conduct by ministers, to order the previous question on such a rule tee amendment in the nature of a substitute rabbis, pastors, priests, or other religious [a special rule reported from the Committee are waived. No amendment to the committee leaders. on Rules] opens the resolution to amend- amendment in the nature of a substitute ment and further debate.’’ (Chapter 21, sec- shall be in order except those specified in AMENDMENT TO H.R. 3682, AS REPORTED, tion 21.2) Section 21.3 continues: section 2 of this resolution. Each amendment ‘‘Upon rejection of the motion for the pre- OFFERED BY MS. JACKSON-LEE OF TEXAS may be offered only in the order listed in vious question on a resolution reported from section 2, may be offered only by a Member Page 4, after line 11, insert the following: the Committee on Rules, control shifts to specified in section 2 or his designee, shall be ‘‘(3) The prohibitions of this section do not the Member leading the opposition to the considered as read, shall be debatable for 20 apply with respect to conduct by a grand- previous question, who may offer a proper minutes equally divided and controlled by parent of the minor. amendment or motion and who controls the the proponent and an opponent, shall not be item for debate thereon.’’ subject to amendment, and shall not be sub- AMENDMENT TO H.R. 3682, AS REPORTED, The vote on the previous question on a rule ject to a demand for division of the question OFFERED BY MS. JACKSON-LEE OF TEXAS does have substantive policy implications. It in the House or in the Committee of the Page 4, after line 11, insert the following: is one of the only available tools for those Whole. All points of order against the ‘‘(3) The prohibitions of this section do not who oppose the Republican majority’s agen- amendments specified in section 2 are apply with respect to conduct by an aunt or da to offer an alternative plan. waived. The chairman of the Committee of uncle of the minor. Mr. Speaker, I yield back the balance the Whole may: (1) postpone until a time of my time. during further consideration in the Commit- Mr. Speaker, I urge Members to vote tee of the Whole a request for a recorded no on the previous question, so we may GENERAL LEAVE vote on any amendment; and (2) reduce to add these responsible amendments to Mrs. MYRICK. Mr. Speaker, I ask five minutes the minimum time for elec- the rule. unanimous consent that all Members tronic voting on any postponed question that THE VOTE ON THE PREVIOUS QUESTION: WHAT may have 5 legislative days within follows another electronic vote without in- IT REALLY MEANS which to revise and extend their re- tervening business, provided that the mini- marks and include extraneous material mum time for electronic voting on the first This vote, the vote on whether to order the in any series of questions shall be 15 min- previous question on a special rule, is not on House Resolution 499. utes. At the conclusion of consideration of merely a procedural vote. A vote against or- The SPEAKER pro tempore. Is there the bill for amendment the Committee shall dering the previous question is a vote objection to the request of the gentle- rise and report the bill to the House with against the Republican majority agenda and woman from North Carolina? such amendments as may have been adopted. a vote to allow the opposition, at least for There was no objection. Any Member may demand a separate vote in the moment, to offer an alternative plan. It Mr. GOSS. Mr. Speaker, I thank my friend the House on any amendment adopted in the is a vote about what the House should be de- from North Carolina and I rise in support of Committee of the Whole to the bill or to the bating. the rule and the underlying bill. While it is a Mr. Clarence Cannon’s ‘‘Precedents of the committee amendment in the nature of a closed rule, I think that it is an appropriate substitute. The previous question shall be House of Representatives,’’ (VI, 308–311) de- considered as ordered on the bill and amend- scribes the vote on the previous question on one, given the very narrow, significant scope ments thereto to final passage without inter- the rule as ‘‘a motion to direct or control the of this bill. vening motion except one motion to recom- consideration of the subject before the House The family is the building block of every mit with or without instructions. being made by the Member in charge.’’ To community in this Nation. Not only is this a SEC. 2. The following amendments are in defeat the previous question is to give the recognized principle in our culture, but some- order pursuant to the first section of this opposition a chance to decide the subject be- thing we have actively encouraged by enact- resolution: fore the House. Cannon cites the Speaker’s ing laws promoting more family involvement in AMENDMENT TO H.R. 3682, AS REPORTED, ruling of January 13, 1920, to the effect that education decisions, stronger child support en- OFFERED BY MR. WATT OF NORTH CAROLINA ‘‘the refusal of the House to sustain the de- forcement, and special tax benefits for fami- Page 4, strike line 1 and all that follows mand for the previous question passes the control of the resolution to the opposition’’ lies. through line 6 and insert the following: We recognize the rights of parental notifica- ‘‘(b) EXCEPTION.—(1) The prohibition of in order to offer an amendment. On March subsection (a) does not apply if the abortion 15, 1909, a member of the majority party of- tion and consent when a child gets a tattoo, or was necessary to save the life of the minor or fered a rule resolution. The House defeated a body piercing, or even takes an aspirin at to prevent serious physical illness or disabil- the previous question and a member of the school. How can we tell moms and dads ity or because her life or physical health was opposition rose to a parliamentary inquiry, across the country they have no right to know endangered by a physical disorder, physical asking who was entitled to recognition. if a perfect stranger takes their daughter miles injury, or physical illness, including a life Speaker Joseph G. Cannon (R–Illinois) said: away from home, to another State, to have a endangering physical condition or serious ‘‘The previous question having been refused, life altering medical procedure without their physical health condition caused by or aris- the gentleman from New York, Mr. Fitzger- ing from the pregnancy itself. ald, who had asked the gentleman to yield to knowledge. Today, we seek to ensure that him for an amendment, is entitled to the basic right is not emasculated. AMENDMENT TO H.R. 3682, AS REPORTED, first recognition.’’ Opponents of the Child Custody Protection OFFERED BY MR. WATT OF NORTH CAROLINA Because the vote today may look bad for Act want to turn this into a debate about abor- Page 3, strike line 6 and all that follows the Republican majority they will say ‘‘the tion. This is not about abortion. It's about fam- through line 23 and insert the following: vote on the previous question is simply a ily, parental support and parental responsibility H5520 CONGRESSIONAL RECORD — HOUSE July 15, 1998 and about children growing up in a society of LaFalce Packard Skeen Vento Waxman Woolsey LaHood Pappas Skelton Visclosky Wexler Wynn confusing mixed messages. States have the Largent Parker Smith (MI) Waters Weygand Yates right to pass consent or notification laws for Latham Paul Smith (NJ) Watt (NC) Wise LaTourette Paxon Smith (OR) minors, yet these laws become meaningless NOT VOTING—8 when a young girl is assisted taking a trip to Lazio Pease Smith (TX) Leach Peterson (MN) Smith, Linda Clyburn Goode Payne another State to avoid the difficult task of Lewis (CA) Peterson (PA) Snowbarger Dingell McNulty Rogan counseling with her parents about an un- Lewis (KY) Petri Snyder Gonzalez Moakley planned pregnancy. Linder Pickering Solomon Lipinski Pitts Souder b 1330 I urge all of my colleagues to think about Livingston Pombo Spence the natural role of a parent, the importance of LoBiondo Portman Stearns Mr. PORTER changed his vote from States' rights and, most importantly, the well- Lucas Poshard Stenholm ‘‘yea’’ to ‘‘nay.’’ being of the childrenÐat risk in these situa- Manton Pryce (OH) Stump Messrs. RAHALL, HALL OF TEXAS, Manzullo Quinn Stupak tions. I think these justify a closed rule and I Mascara Radanovich Sununu GILCHREST, KLINK, MURTHA, urge support for the rule and H.R. 3682. McCarthy (NY) Rahall Talent DOYLE, KANJORSKI, MASCARA, Mrs. MYRICK. Mr. Speaker, I yield McCollum Ramstad Tauzin GOODLING, HOUGHTON, LAFALCE, McCrery Redmond Taylor (MS) RADANOVICH, SKELTON, OBER- back the balance of my time, and I McDade Regula Taylor (NC) move the previous question on the res- McHugh Riggs Thomas STAR, and DAVIS of Virginia changed olution. McInnis Riley Thornberry their vote from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. The McIntosh Roemer Thune So the previous question was ordered. McIntyre Rogers Tiahrt question is on ordering the previous McKeon Rohrabacher Traficant The result of the vote was announced question. Metcalf Ros-Lehtinen Turner as above recorded. Upton The question was taken; and the Mica Roukema f Miller (FL) Royce Walsh Speaker pro tempore announced that Mollohan Ryun Wamp the ayes appeared to have it. Moran (KS) Salmon Watkins PERSONAL EXPLANATION Ms. SLAUGHTER. Mr. Speaker, I ob- Murtha Sanford Watts (OK) Mr. ROGAN. Mr. Speaker, on rollcall No. Myrick Saxton Weldon (FL) ject to the vote on the ground that a Nethercutt Scarborough Weldon (PA) 277, I was inadvertently detained. Had I been quorum is not present and make the Neumann Schaefer, Dan Weller present, I would have voted ``yes.''. point of order that a quorum is not Ney Schaffer, Bob White The SPEAKER pro tempore (Mr. Northup Sensenbrenner Whitfield present. EWING). The question is on the resolu- Norwood Sessions Wicker The SPEAKER pro tempore. Evi- Nussle Shadegg Wilson tion. dently, a quorum is not present. Oberstar Shaw Wolf The question was taken; and the The Sergeant at Arms will notify ab- Ortiz Shimkus Young (AK) Speaker pro tempore announced that Young (FL) sent Members. Oxley Shuster the ayes appeared to have it. Pursuant to clause 5, rule XV, the NAYS—174 RECORDED VOTE Chair will reduce to a minimum of 5 Abercrombie Filner Menendez Ms. SLAUGHTER. Mr. Speaker, I de- minutes the period of time within Ackerman Ford Millender- mand a recorded vote. which a vote by electronic device, if or- Allen Frank (MA) McDonald A recorded vote was ordered. dered, will be taken on the question of Andrews Frost Miller (CA) Baesler Furse Minge The SPEAKER pro tempore. Pursu- agreeing to the resolution. Baldacci Gejdenson Mink ant to clause 5 of rule XV, this will be The vote was taken by electronic de- Barrett (WI) Gephardt Moran (VA) a five-minute vote. vice, and there were—yeas 252, nays Becerra Gilman Morella Bentsen Gordon Nadler The vote was taken by electronic de- 174, not voting 8, as follows: Berman Green Neal vice, and there were—ayes 247, noes 173, [Roll No. 277] Bishop Greenwood Obey not voting 14, as follows: Blagojevich Gutierrez Olver YEAS—252 Blumenauer Harman Owens [Roll No. 278] Aderholt Cook Graham Boehlert Hastings (FL) Pallone AYES—247 Archer Cooksey Bonior Hefner Granger Pascrell Archer Cook Goodling Armey Costello Borski Hilliard Gutknecht Pastor Armey Cooksey Goss Bachus Cox Boswell Hinchey Hall (OH) Pelosi Bachus Costello Graham Baker Crane Boucher Hinojosa Hall (TX) Pickett Baker Cox Granger Ballenger Crapo Boyd Hooley Hamilton Pomeroy Ballenger Crane Gutknecht Barcia Cubin Brady (PA) Hoyer Hansen Porter Barcia Crapo Hall (OH) Barr Cunningham Brown (CA) Jackson (IL) Hastert Price (NC) Barr Cubin Hall (TX) Barrett (NE) Davis (VA) Brown (FL) Jackson-Lee Hastings (WA) Rangel Barrett (NE) Cunningham Hamilton Bartlett Deal Brown (OH) (TX) Hayworth Reyes Bartlett Danner Hansen Barton DeLay Capps Jefferson Hefley Rivers Barton Davis (VA) Hastert Bass Diaz-Balart Cardin John Herger Rodriguez Bateman Deal Hastings (WA) Bateman Dickey Carson Johnson (CT) Hill Rothman Bereuter DeLay Hayworth Bereuter Doolittle Castle Johnson, E. B. Hilleary Roybal-Allard Berry Diaz-Balart Hefley Berry Doyle Clay Kaptur Hobson Rush Bilbray Doolittle Herger Bilbray Dreier Clayton Kelly Hoekstra Sabo Bilirakis Doyle Hill Bilirakis Duncan Clement Kennedy (MA) Holden Sanchez Bliley Dreier Hilleary Bliley Dunn Condit Kennedy (RI) Horn Sanders Blunt Duncan Hobson Blunt Ehlers Conyers Kennelly Hostettler Sandlin Boehner Dunn Hoekstra Boehner Ehrlich Coyne Kilpatrick Houghton Sawyer Bonilla Ehlers Holden Bonilla Emerson Cramer Kind (WI) Hulshof Schumer Bono Ehrlich Hostettler Bono English Cummings Lampson Hunter Scott Brady (TX) Emerson Hulshof Brady (TX) Ensign Danner Lantos Hutchinson Serrano Bryant English Hunter Bryant Everett Davis (FL) Lee Hyde Shays Bunning Ensign Hutchinson Bunning Ewing Davis (IL) Levin Inglis Sherman Burr Everett Hyde Burr Fawell DeFazio Lewis (GA) Istook Sisisky Burton Ewing Inglis Burton Foley DeGette Lofgren Jenkins Skaggs Buyer Fawell Istook Buyer Forbes Delahunt Lowey Johnson (WI) Slaughter Callahan Foley Jenkins Callahan Fossella DeLauro Luther Johnson, Sam Smith, Adam Calvert Forbes John Calvert Fowler Deutsch Maloney (CT) Jones Spratt Camp Fossella Johnson (WI) Camp Fox Dicks Maloney (NY) Kanjorski Stabenow Campbell Fowler Johnson, Sam Campbell Franks (NJ) Dixon Markey Kasich Stark Canady Fox Jones Canady Frelinghuysen Doggett Martinez Kildee Stokes Cannon Franks (NJ) Kanjorski Cannon Gallegly Dooley Matsui Kim Strickland Chabot Frelinghuysen Kasich Chabot Ganske Edwards McCarthy (MO) King (NY) Tanner Chambliss Gallegly Kildee Chambliss Gekas Engel McDermott Kingston Tauscher Chenoweth Ganske Kim Chenoweth Gibbons Eshoo McGovern Kleczka Thompson Christensen Gekas King (NY) Christensen Gilchrest Etheridge McHale Klink Thurman Coble Gibbons Kingston Coble Gillmor Evans McKinney Klug Tierney Coburn Gilchrest Kleczka Coburn Goodlatte Farr Meehan Knollenberg Torres Collins Gillmor Klink Collins Goodling Fattah Meek (FL) Kolbe Towns Combest Goodlatte Klug Combest Goss Kucinich Fazio Meeks (NY) Velazquez July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5521 Knollenberg Packard Shuster Upton Watt (NC) Woolsey including a life endangering physical condi- Kucinich Pappas Skeen Velazquez Waxman Wynn tion caused by or arising from the pregnancy LaFalce Parker Skelton Vento Wexler Yates itself. LaHood Pascrell Smith (MI) Visclosky Weygand ‘‘(c) CIVIL ACTION.—Any parent or guardian Smith (NJ) Waters Wise Largent Paul who suffers legal harm from a violation of Latham Paxon Smith (OR) LaTourette Pease Smith (TX) NOT VOTING—14 subsection (a) may obtain appropriate relief Lazio Peterson (MN) Smith, Linda Aderholt Gonzalez Meek (FL) in a civil action. Leach Peterson (PA) Snowbarger Capps Goode Moakley ‘‘(d) DEFINITIONS.—For the purposes of this Lewis (CA) Petri Snyder Clyburn Hefner Payne section— Lewis (KY) Pickering Solomon Dickey McDade Rogan ‘‘(1) a law requiring parental involvement Linder Pitts Souder Dingell McNulty in a minor’s abortion decision is a law— Lipinski Pombo Spence ‘‘(A) requiring, before an abortion is per- Livingston Portman Stearns b 1339 LoBiondo Poshard Stump formed on a minor, either— Lucas Pryce (OH) Stupak Mr. SNYDER changed his vote from ‘‘(i) the notification to, or consent of, a Manton Quinn Sununu ‘‘no’’ to ‘‘aye.’’ parent or guardian of that minor; or Manzullo Radanovich Talent So the resolution was agreed to. ‘‘(ii) proceedings in a State court; and Mascara Rahall Tauzin The result of the vote was announced ‘‘(B) that does not provide as an alter- McCarthy (NY) Ramstad Taylor (MS) as above recorded. native to the requirements described in sub- McCollum Redmond Taylor (NC) paragraph (A) notification to or consent of McCrery Regula Thomas A motion to reconsider was laid on any person or entity who is not described in McHugh Riggs Thornberry the table. McInnis Riley Thune that subparagraph; McIntosh Roemer Tiahrt f ‘‘(2) the term ‘minor’ means an individual McIntyre Rogers Traficant who is not older than the maximum age re- McKeon Rohrabacher Turner PERSONAL EXPLANATION quiring parental notification or consent, or Metcalf Ros-Lehtinen Walsh Mrs. CAPPS. Mr. Speaker, during rollcall proceedings in a State court, under the law Mica Roukema Wamp requiring parental involvement in a minor’s Miller (FL) Royce Watkins vote No. 278 on H. Res. 499, I was unavoid- abortion decision; and Mollohan Ryun Watts (OK) ably detained. Had I been present, I would ‘‘(3) the term ‘State’ includes the District Moran (KS) Salmon Weldon (FL) have voted ``no.'' Murtha Sandlin Weldon (PA) of Columbia and any commonwealth, posses- Myrick Sanford Weller f sion, or other territory of the United White Nethercutt Saxton PERSONAL EXPLANATION States.’’. Neumann Scarborough Whitfield (b) CLERICAL AMENDMENT.—The table of Ney Schaefer, Dan Wicker Mr. ROGAN. Mr. Speaker, on rollcall No. chapters for part I of title 18, United States Northup Schaffer, Bob Wilson Code, is amended by inserting after the item Norwood Sensenbrenner Wolf 278, I was inadvertently detained. Had I been Nussle Sessions Young (AK) present, I would have voted ``yes.'' relating to chapter 117 the following new Oberstar Shadegg Young (FL) Mr. CANADY of Florida. Mr. Speak- item: Ortiz Shaw er, pursuant to House Resolution 499, I ‘‘117A. Transportation of minors Oxley Shimkus call up the bill (H.R. 3682) to amend to avoid certain laws relating to abortion ...... 2401.’’. NOES—173 title 18, United States Code, to prohibit The SPEAKER pro tempore. Pursu- taking minors across State lines to Abercrombie Filner Meeks (NY) ant to House Resolution 499, the Ackerman Ford Menendez avoid laws requiring the involvement amendment printed in the bill is adopt- Allen Frank (MA) Millender- of parents in abortion decisions. Andrews Frost McDonald ed. The Clerk read the title of the bill. Baesler Furse Miller (CA) The text of H.R. 3682, as amended, is The SPEAKER pro tempore. The bill Baldacci Gejdenson Minge as follows: Barrett (WI) Gephardt Mink is considered as having been read for H.R. 3682 Bass Gilman Moran (VA) amendment. Becerra Gordon Morella The text of H.R. 3682 is as follows: Be it enacted by the Senate and House of Rep- Bentsen Green Nadler resentatives of the United States of America in Berman Greenwood Neal H.R. 3682 Congress assembled, Bishop Gutierrez Obey Blagojevich Harman Olver Be it enacted by the Senate and House of Rep- SECTION 1. SHORT TITLE. Blumenauer Hastings (FL) Owens resentatives of the United States of America in This Act may be cited as the ‘‘Child Custody Boehlert Hilliard Pallone Congress assembled, Protection Act’’. Bonior Hinchey Pastor SECTION 1. SHORT TITLE. SEC. 2. TRANSPORTATION OF MINORS TO AVOID Borski Hinojosa Pelosi This Act may be cited as the ‘‘Child Cus- CERTAIN LAWS RELATING TO ABOR- Boswell Hooley Pickett tody Protection Act’’. TION. Boucher Horn Pomeroy (a) IN GENERAL.—Title 18, United States Code, Boyd Houghton Porter SEC. 2. TRANSPORTATION OF MINORS TO AVOID is amended by inserting after chapter 117 the Brady (PA) Hoyer Price (NC) CERTAIN LAWS RELATING TO ABOR- Brown (CA) Jackson (IL) Rangel TION. following: Brown (FL) Jackson-Lee Reyes (a) IN GENERAL.—Title 18, United States ‘‘CHAPTER 117A—TRANSPORTATION OF Brown (OH) (TX) Rivers Code, is amended by inserting after chapter MINORS TO AVOID CERTAIN LAWS RE- Cardin Jefferson Rodriguez 117 the following: LATING TO ABORTION Carson Johnson (CT) Rothman ‘‘CHAPTER 117A—TRANSPORTATION OF ‘‘Sec. Castle Johnson, E.B. Roybal-Allard ‘‘2401. Transportation of minors to avoid certain Clay Kaptur Rush MINORS TO AVOID CERTAIN LAWS RE- laws relating to abortion. Clayton Kelly Sabo LATING TO ABORTION Clement Kennedy (MA) Sanchez ‘‘§ 2401. Transportation of minors to avoid cer- ‘‘Sec. Condit Kennedy (RI) Sanders tain laws relating to abortion Conyers Kennelly Sawyer ‘‘2401. Transportation of minors to avoid cer- ‘‘(a) OFFENSE.— Coyne Kilpatrick Schumer tain laws relating to abortion. ‘‘(1) GENERALLY.—Except as provided in sub- Cramer Kind (WI) Scott ‘‘§ 2401. Transportation of minors to avoid section (b), whoever knowingly transports an Cummings Kolbe Serrano certain laws relating to abortion Davis (FL) Lampson Shays individual who has not attained the age of 18 Davis (IL) Lantos Sherman ‘‘(a) OFFENSE.—Except as provided in sub- years across a State line, with the intent that DeFazio Lee Sisisky section (b), whoever knowingly transports an such individual obtain an abortion, and thereby DeGette Levin Skaggs individual who has not attained the age of 18 in fact abridges the right of a parent under a Delahunt Lewis (GA) Slaughter years across a State line, with the intent law, requiring parental involvement in a minor’s DeLauro Lofgren Smith, Adam such individual obtain an abortion, if in fact abortion decision, of the State where the indi- Deutsch Lowey Spratt Dicks Luther Stabenow the requirements of a law, requiring parental vidual resides, shall be fined under this title or Dixon Maloney (CT) Stark involvement in a minor’s abortion decision, imprisoned not more than one year, or both. Doggett Maloney (NY) Stenholm in the State where the individual resides, are ‘‘(2) DEFINITION.—For the purposes of this Dooley Markey Stokes not met before the individual obtains the subsection, an abridgement of the right of a par- Edwards Martinez Strickland abortion, shall be fined under this title or ent occurs if an abortion is performed on the in- Engel Matsui Tanner imprisoned not more than one year, or both. dividual, in a State other than the State where Eshoo McCarthy (MO) Tauscher ‘‘(b) EXCEPTION.—The prohibition of sub- the individual resides, without the parental con- Etheridge McDermott Thompson Evans McGovern Thurman section (a) does not apply if the abortion was sent or notification, or the judicial authoriza- Farr McHale Tierney necessary to save the life of the minor be- tion, that would have been required by that law Fattah McKinney Torres cause her life was endangered by a physical had the abortion been performed in the State Fazio Meehan Towns disorder, physical injury, or physical illness, where the individual resides. H5522 CONGRESSIONAL RECORD — HOUSE July 15, 1998 ‘‘(b) EXCEPTIONS.—(1) The prohibition of sub- the gentlewoman from Florida (Ms. she was taken by the stepmother of the section (a) does not apply if the abortion was ROS-LEHTINEN), the sponsor of the bill. man who raped her. And it was only necessary to save the life of the minor because Ms. ROS-LEHTINEN. Mr. Speaker, I after Joyce Farley noticed that her her life was endangered by a physical disorder, thank the gentleman from Florida (Mr. daughter was ill that she learned that physical injury, or physical illness, including a life endangering physical condition caused by or CANADY) for his help throughout this the abortion had been committed on arising from the pregnancy itself. process in passing the Child Custody her daughter. ‘‘(2) An individual transported in violation of Protection Act. For mothers like Joyce Farley and this section, and any parent of that individual, As a writer stated, of all the rights of her daughter, this legislation is about may not be prosecuted or sued for a violation of women, the greatest is to be a mother. women’s rights, the right of every this section, a conspiracy to violate this section, I and every mother will assure the mother in our Nation to protect her or an offense under section 2 or 3 based on a Members that an immediate bond ex- child from the unknown hand of a violation of this section. ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirma- ists as our newborn child is placed in stranger, the right of every mother to tive defense to a prosecution for an offense, or our hands, a bond that is sacred, a bond protect her relationship with her to a civil action, based on a violation of this sec- that lasts forever, a bond that is in- daughter. This issue goes above and be- tion that the defendant reasonably believed, nate, a bond between parent and child. yond the abortion issue. It is about based on information the defendant obtained di- This legislation is about one thing your rights, my rights and every single rectly from a parent of the individual or other and one thing only, Mr. Speaker, pro- parent’s right to protect our children. compelling facts, that before the individual ob- tecting the rights of parents from The Child Custody Protection Act tained the abortion, the parental consent or no- being stripped by strangers who dare to will provide peace of mind to countless tification, or judicial authorization took place that would have been required by the law re- play and pretend to be mothers and fa- mothers and fathers across this great quiring parental involvement in a minor’s abor- thers with our children. land. I urge our colleagues to protect tion decision, had the abortion been performed b 1345 our daughters and, of course, to protect in the State where the individual resides. the sacred bond that exists between ‘‘(d) CIVIL ACTION.—Any parent who suffers This bill will make it a Federal mis- parents and children. legal harm from a violation of subsection (a) demeanor for an adult to transport a I thank the gentleman from Florida may obtain appropriate relief in a civil action. minor across State lines in order to (Mr. CANADY) for yielding me the time. ‘‘(e) DEFINITIONS.—For the purposes of this evade parental consent or notification Mr. SCOTT. Mr. Speaker, I yield my- section— laws on abortion. Already 16 States ‘‘(1) a law requiring parental involvement in a self such time as I may consume. minor’s abortion decision is a law— have parental consent laws, and 10 Mr. Speaker, I rise in strong opposi- ‘‘(A) requiring, before an abortion is per- more have parental notification laws tion to the bill, H.R. 3682. The bill pur- formed on a minor, either— on abortion. ports to protect children by making it ‘‘(i) the notification to, or consent of, a parent Unfortunately, these laws are being a crime to accompany them as they of that minor; or evaded by those who unscrupulously travel across State lines to get an ‘‘(ii) proceedings in a State court; and ‘‘(B) that does not provide as an alternative to take our minor daughters to obtain an abortion if they are not in compliance the requirements described in subparagraph (A) abortion without our consent or notifi- with their home State’s parental con- notification to or consent of any person or en- cation. This law-breaking activity is sent or notification laws. This bill will tity who is not described in that subparagraph; encouraged by the abortion mills in endanger children more than it will ‘‘(2) the term ‘parent’ means— States with consent or notification protect them. It will have the cruel ‘‘(A) a parent or guardian; laws. They advertise in publications in ‘‘(B) a legal custodian; or practical effect of requiring young girls ‘‘(C) a person standing in loco parentis who States which do have those laws. They to risk their lives by traveling across has care and control of the minor, and with entice law-breaking without consider- State lines to obtain a safe and legal whom the minor regularly resides; ation of the physical and mental rami- procedure, despite the fact that it is in who is designated by the law requiring parental fications that this life-threatening their best medical interest to have involvement in the minor’s abortion decision as medical procedure can have on a someone accompany them. a person to whom notification, or from whom minor. Indeed, even the United States Make no mistake about it, under this consent, is required; Supreme Court noted that the proce- bill it is not a crime, not a crime for ‘‘(3) the term ‘minor’ means an individual who dure leaves lasting medical, emotional is not older than the maximum age requiring pa- the minor to go across State lines rental notification or consent, or proceedings in and psychological consequences and, it without having complied with the pa- a State court, under the law requiring parental said, particularly so when the patient rental consent laws. It is a crime to involvement in a minor’s abortion decision; and is immature. have someone accompany them across ‘‘(4) the term ‘State’ includes the District of Parents are required in schools State lines. It is not strangers. It is Columbia and any commonwealth, possession, across our Nation to provide consent brothers and sisters, grandmothers and or other territory of the United States.’’. for our daughters for field trips or even grandfathers who would be made crimi- (b) CLERICAL AMENDMENT.—The table of to take an aspirin while in school cus- chapters for part I of title 18, United States nals. Unfortunately, again we are pay- Code, is amended by inserting after the item re- tody. However, when it comes to our ing politics with the lives and well- lating to chapter 117 the following new item: daughters being subjected to a possible being of women by attempting to pass ‘‘117A. Transportation of minors to life-threatening medical procedure, a laws that will have the effect of mak- avoid certain laws relating to stranger can take our daughters with ing it more dangerous to obtain a legal abortion ...... 2401.’’. no repercussions whatsoever. abortion. The SPEAKER pro tempore. The gen- This is simply not acceptable. This The overwhelming majority of mi- tleman from Florida (Mr. CANADY) and bill, Mr. Speaker, does not implement nors seeking abortions consult their the gentleman from Michigan (Mr. a Federal notification or consent law. parents before they undergo the proce- CONYERS) will each control 1 hour. It merely helps States to enforce their dure. Even in States that have no man- The Chair recognizes the gentleman laws to ensure that parents are able to datory parental consent or notifica- from Florida (Mr. CANADY). comfort and advise their minor daugh- tion, more than 57 percent of minors GENERAL LEAVE ters during this crisis pregnancy. Con- under the age of 16 involve one or more Mr. CANADY of Florida. Mr. Speak- gress should send a clear message of their parents. No big government er, I ask unanimous consent that all across America that we stand for pa- mandate can make minors talk to their Members may have 5 legislative days rental rights, that we will not allow parents more than they already do. in which to revise and extend their re- strangers to take advantage and ex- More than half of all minors not in- marks on the legislation under consid- ploit our young daughters. volving their parents in an abortion de- eration. Today I spoke with Joyce Farley, a cision do involve an adult, including The SPEAKER pro tempore. Is there mother from Pennsylvania whose in- many who involve a stepparent or objection to the request of the gen- herent right to comfort her daughter adult relative. These are the very same tleman from Florida? during this difficult time was stripped people that we will make criminals if There was no objection. away by a complete stranger. Joyce’s this law is enacted and the same mi- Mr. CANADY of Florida. Mr. Speak- daughter became gravely ill after being nors that will be isolated because of er, I yield 5 minutes to my good friend, subjected to a botched abortion where this bill. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5523 The compassionate older sibling or pelling interest of ensuring doctors and er who will take care of the judicial by- grandparent who insists on accompany- other health professionals the freedom pass. So the mechanics are there. The ing a minor in order to ensure their and comfort to provide the best medi- process is there. But what you have to safety will be sent to jail if this bill be- cal care available. have is an adult, preferably the parent, comes law. Even those ministers, rel- How will insurance companies re- the loving, caring, nurturing, uniquely atives or family friends who oppose spond to this new Federal tort? Will caring parent making a decision, pro- abortion but wish to ensure that the they force doctors to interrogate any viding advice, supporting, helping the minor undergoes a safe procedure and woman looking under the age of 25? child in this very important operation. comes home unharmed will be consid- Will they require birth certificates and Now, to me it is grotesque that in a ered criminals based on the scheme residence cards to prove their residence school you cannot take a Tylenol, you proposed in this bill. before they are able to get the medical cannot have your ears pierced without Again, it is not a crime for the minor care they are seeking? The civil liabil- parental consent. But abortion, which to go across State lines without com- ity provision should be eliminated. is an irrevocable act that has con- plying with parental consent laws if For these and many other reasons, sequences perhaps permanent, if it is they go alone. It is only a crime if they Mr. Speaker, I urge my colleagues to not done just properly, if the uterus is are accompanied. pause and take a long, hard look at the damaged or perforated; and that re- For the subcommittee hearing, Mr. consequences that will result from this minds me of another thing, do not for- Speaker, I had moving testimony from bill which will be encouraging the iso- get, follow-up care following an abor- Bill and Mary Bell submitted for the lation and endangerment of the young tion. What if the young lady goes record. The Bells are parents of a Becky Bells of the world. across the State with whomsoever, has daughter who died receiving an illegal Mr. Speaker, I reserve the balance of the abortion and then comes back and abortion because she did not want her my time. has adverse consequences, starts hem- parents to know about her pregnancy, Mr. CANADY of Florida. Mr. Speak- orrhaging? but Indiana law required parental no- er, I yield such time as he may con- Well, the clinic that performed the tice before she could have a legal abor- sume to the gentleman from Illinois abortion on her is nowhere to be found. tion. A counselor (Mr. HYDE) the chairman of the Com- That is when you need your parents. in Indiana informed Becky that she mittee on the Judiciary. That is when you need somebody to would either have to notify her parents (Mr. HYDE asked and was given per- care about whether you live or die and or petition a judge in order to get the mission to revise and extend his re- that you get the medical care you abortion, and she responded that she marks.) need. did not want to tell her parents be- Mr. HYDE. Mr. Speaker, I think the So it is a terrible mistake to avoid cause she did not want to hurt them. greatest threat to society today is the parental authority, parental respon- And she also replied that if she could assault on the family. No matter what sibility, to camouflage that and to go not tell her parents, she certainly direction we look in, the authority of to another State to avoid the laws of could not tell a judge who she did not the parents is being eroded. It is par- the State of residence of the young even know. The counselor suggested ticularly true in entertainment. I have lady for the purposes of an abortion. that Becky travel 110 miles away to yet to see a movie where the parents Now, lastly, as a grandparent, I Kentucky where she would not need to are smart or know as much as the chil- would be very concerned if my daugh- notify her parents, but instead she un- dren do. But the fact is, parental au- ter were to be young and have an abor- derwent a botched illegal procedure thority is certainly a far cry from what tion and I not know about it, because I closer to home and died as a result. it once was. have an interest as a parent, too, in the Although this bill would not have Now, this bill seeks to reinforce the children of my children. But this pro- hurt Becky Bell, it will hurt young primacy of the parent. Parents are tects the child. This provides the fol- women in similar situations who are most suitable, when it comes to caring low-up care that may be necessary, if unable to cross State lines with some- for, nurturing care for their young you obey the law. one else to obtain a safe and legal abor- daughter. We pass laws for the normal Let us reinforce the family. Let us tion. situation, not the abnormal. We deal not tear it down. I hope Members will In addition, Mr. Speaker, we heard with the abnormal situation in the ju- support this well thought out, nec- testimony at the hearing that this bill dicial bypass. But the fact is, the over- essary bill. could make doctors and nurses crimi- whelming majority of parents love Mr. SCOTT. Mr. Speaker, I yield 5 nals for the simple task of providing a their daughters, care for their daugh- minutes to the gentlewoman from New safe and legal abortion to a woman who ters, are concerned for their daughter’s York (Mrs. LOWEY). happened to live in another State. We welfare, health, safety more than any- (Mrs. LOWEY asked and was given should resist at all cost this vile at- body else is, more than a social worker, permission to revise and extend her re- tempt to scare and intimidate doctors more than a relative no matter how marks.) and nurses by creating a criminal close. There is something about paren- b scheme that could have them thrown tal love that is unique. 1400 in jail even when they are not aware Now, what about the parents that are Mrs. LOWEY. Mr. Speaker, I thank that a minor intends to evade a State’s not there? What about the abusive par- the gentlewoman for yielding me this consent laws. By taking down a name ents? What about the child that is ter- time, and I rise in opposition to this and address and setting up an appoint- rified that telling a parent would result bill. This is a dangerous misguided bill ment, clinic nurses could be acces- in some bodily harm or some irrev- that isolates our daughters and puts sories to the crime. Even assisting in ocable estrangement? That is why we them at grave risk. That is why the having a cab drive a woman home, have a judicial bypass. Twenty-two President has threatened to veto it. someone could be found criminally re- States have these laws requiring paren- Under this legislation, young women sponsible as an accessory after the fact tal notification, but every law requires who cannot turn to their parents when and, therefore, also subject to civil li- the placement of a judicial bypass for facing an unintended pregnancy will be ability. those circumstances where it is inap- forced to fend for themselves without The civil liability provisions of the propriate for whatever reason to try to any help from any responsible adult. bill create a blanket Federal cause of notify the parents. Thankfully, most young women, more action for a parent who suffers ‘‘legal How do you get to the judge if you than 75 percent of minors under age 16, harm.’’ Based on agency principles, the are a young girl and you have this already involve their parents in the de- doctor, the nurse, a cab driver, a bus problem pregnancy? Well, the abortion cision to seek an abortion, and that is driver could be held civilly liable for clinic, euphemistically so-called, the good news. But not every child is providing safe and legal assistance to a should require the parents be notified so lucky. Not every child has loving minor. This federalization of tort law if that is the law of the State. And if parents. is unprecedented and counter- the parents are not notified, they can Now, I believe that those young productive to what should be the com- direct the young lady to a social work- women who cannot go to their parents H5524 CONGRESSIONAL RECORD — HOUSE July 15, 1998 should be encouraged to involve an- Ms. ROS-LEHTINEN. Mr. Speaker, I all blood cultures were consistently nega- other responsible adult, a grandmother thank the gentleman from Florida (Mr. tive. Indeed, there is no evidence for an in- or an aunt, in this difficult decision. CANADY) for yielding me this time be- duced abortion at all: no marks or stigmata Already more than half of all young cause I want to refute what the gentle- of instrumentation (dilation of the cervix by instruments, marks on the cervix, etc.) in women who do not involve a parent in woman from New York (Mrs. LOWEY) the genital tract. the decision to terminate a pregnancy said, and the other speakers, about this The most reasonable probability is that choose to involve another adult, in- Becky Bell case. It reminds me of what Rebecca Bell died of an overwhelming strep- cluding 15 percent who involve another Benjamin Franklin said about the tococcus pneumonia (the same condition adult relative, and that is a good thing. death of a beautiful theory by a gang of that puppeteer Jim Henson died of). Ms. Bell Unfortunately, this bill will impose brutal facts. probably had had an incomplete spontaneous criminal penalties on adults like Let me give my colleagues the brutal abortion (miscarriage) with tissue still re- grandmothers who come to the aid of facts about this Becky Bell case. Abor- maining in the uterus (typical of a sponta- neous miscarriage). The tissue which re- their granddaughters. tion advocates claim that this case We have tried to address this problem mained showed absolutely no evidence of in- came from an illegal or self-induced fection or inflammation. If the coroner had at the Committee on Rules by exempt- abortion; that this young lady sought been convinced of a ‘‘septic abortion’’ he ing close family relatives from crimi- this illegal abortion because she was should have made cultures of that tissue: if nal liability under the bill, but that afraid to tell her parents about the this had truly been a death from septic abor- amendment was denied. As a result, pregnancy as required by Indiana law. tion the cultures of the tissue would have this bill will throw grandmothers in And certainly that Becky died is a yielded streptococcus pneumoniae. Finally, jail for assisting their granddaughters. tragedy. However, there is no solid evi- in the case of a septic abortion the lungs would have shown septic pulmonary emboli, Mr. Speaker, I am a grandmother of dence whatsoever to support the claim two, and I believe grandparents should not generalized pneumonia. that she died of an illegal or self-in- In short, the cause of death here was prob- be able to help their grandchildren duced abortion. ably overwhelming pneumonia unrelated to without the risk of being thrown in In fact, several abortion advocates the abortion/miscarriage. This was about as jail. Unfortunately, this legislation have expressed concerns about using superficial and careless (not to say ‘‘neg- would criminalize that involvement. this case as an example of an illegal ligent’’) an autopsy as I have seen in my con- And so this bill tells young women abortion death. And let me give my siderable experience evaluating medico-legal who cannot tell their parents, ‘‘Don’t colleagues some of the most recent files over the past twenty years. tell anyone else. Don’t tell your grand- I would strongly suggest that all slides of opinions and statements and evidence tissues examined at autopsy be reviewed by mother. Don’t tell an aunt. No one can to date. help you. You are on your own.’’ a competent impartial pathologist. I am con- The head of forensic pathology at In- fident that my opinion will be supported. Let me give you one tragic example. diana University said, ‘‘I cannot prove Ten years ago Becky Bell was 17. Un- Sincerely, she had an illegal abortion. I cannot BERNARD N. NATHANSON, M.D. fortunately, she became pregnant. Hop- prove she had anything but a sponta- ing to keep the pregnancy from her neous abortion.’’ The pathologist on NATIONAL RIGHT TO LIFE parents, she went to a local Planned the case found no evidence of internal COMMITTEE, INC. Parenthood clinic. They told her that injury, which he felt ruled out a self-in- Washington, DC. under Indiana law, if she wanted an duced abortion. And even the Execu- KNOWN FACTS OF THE BECKY BELL CASE abortion, she would have to obtain her tive Director of Planned Parenthood Abortion advocates, including Becky Bell’s parents’ permission or ask a judge for a said, and I quote, ‘‘I have some reserva- parents, claim that Becky Bell died in 1988 waiver. Well, Becky was ashamed to from an illegal or self-induced abortion. She tions about hyping this whole thing tell her parents and said, ‘‘If I can’t allegedly sought the illegal abortion because when it is so mixed about what actu- tell my mom and dad, how can I tell a she was afraid to tell her parents as required judge, who doesn’t even know me?’’ So ally went on.’’ by Indiana law. A well-known doctor, very well Becky obtained an illegal back-alley Certainly, that Becky Bell died is a trag- known on the abortion issue says, and edy. However, there is no solid evidence to abortion, an illegal, unsafe abortion I quote, ‘‘The most reasonable prob- support the claim that she died of an illegal that killed her. ability is that Rebecca Bell died of an or self-induced abortion. In fact, several Parental consent laws did not force abortion advocates have expressed concerns Becky to involve her parents in her overwhelming pneumonia death, the same condition that puppeteer Jim about touting the Becky Bell death as an il- hour of need. Just the opposite. At her legal abortion death. most desperate hour, Indiana’s paren- Henson died of. Ms. Bell probably had Among the most recent evidence and opin- tal consent law drove Becky away from an incomplete spontaneous abortion, ions to date: the arms of her parents and straight which is a miscarriage, with tissue still ‘‘I cannot prove she had an illegal abor- into the back alley. remaining in the uterus, which is typi- tion. I cannot prove she had anything but a Mr. Speaker, parental consent laws cal of a spontaneous miscarriage.’’ spontaneous abortion,’’ said [Dr. John] Pless The facts clearly point to the fact [head of forensic pathology at Indiana Uni- do not protect our daughters, they kill versity Medical Center, who performed the them. They do not bring families to- that although it seems like a good ex- ample to use, Becky Bell did die, there autopsy on Becky Bell].—‘‘Abortion debate gether, they tear them apart. And so I shifting,’’ by Joe Frolik, Plain ask the gentleman from Florida (Mr. is no doubt about that, but she did not Dealer, page 1, Sept. 9, 1990. CANADY), how many young women like die from an abortion as a result of not Pathologist She . . . found no evidence of Becky Bell will lose their lives because wanting to go to her parents with the internal injury, which he felt ruled out a of this legislation? How many more of news of her pregnancy. Those are the self-induced abortion. Nor were there any our daughters will be killed by these facts. marks on Becky’s cervix that would be left misguided laws? Mr. Speaker, I submit for the RECORD by the instruments commonly used for clinic Mr. Speaker, I firmly believe that we further documentation relating to the abortions.—same article. case of Becky Bell. ‘‘I heard about Becky’s death right away, should make abortion less necessary but I heard conflicting opinions right away, for teenagers, not more dangerous and NEW YORK, NY, too,’’ said Delbert Culp, executive director of difficult. We need to encourage teen- September 4, 1990. Planned Parenthood of Central Indiana. ‘‘I agers to be abstinent and responsible. Re Rebecca Suzanne Bell. have some reservations about hyping this We need a comprehensive approach to BECKY MOORE, whole thing when it’s so mixed about what keeping teenagers safe and healthy. We United Families, actually went on.’’—same article. do not need a bill that isolates teen- Eugene, OR. ‘‘In this case, the pathology report is nota- agers and puts them at risk. DEAR MS. MOORE: There is no evidence of ble in that while there is evidence of massive I urge my colleagues to vote ‘‘no’’ on any septic abortion contained in the coro- infection in the lungs and elsewhere in the ner’s report; there is no infection in or body, there is no evidence of infection on the this legislation. around the uterus, no pus, no odor to the outside or within the uterus . . . [the germ Mr. CANADY of Florida. Mr. Speak- uterus and no peritonitis. The serosa of the that killed Becky] is a common pneumonia er, I yield 2 minutes to the gentle- uterus is described as ‘‘smooth and glisten- germ . . . which is unlikely to originate from woman from Florida (Ms. ROS- ing.’’ In the case of a septic abortion this tis- a contaminated abortion procedure.’’—Dr. LEHTINEN). sue would be shaggy and discolored. Further, John Curry, former head of the Tissue Bank July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5525 at Bethesda Naval Hospital, as quoted in ‘‘A Mr. SCOTT. Mr. Speaker, I yield 2 A Texas clinic, for example, has rush to blame in Becky Bell’s death,’’ by Cal minutes to the gentlewoman from Col- taken out an ad in the Little Rock Thomas, Washington Times, Aug. 9, 1990. orado (Ms. DEGETTE). phone book targeting Arkansas teens Karen Bell [Becky’s mother] believes her Ms. DEGETTE. Mr. Speaker, I rise in by stating that it, ‘‘Specializes in teen- daughter had someone try to induce an ille- strong opposition to the deceptively ti- gal abortion . . . [Heather] Clark [Becky’s age care and in difficult cases.’’ best friend] insists her friend did nothing of tled Child Custody Protection Act. I In 1996, 746 Arkansas residents trav- the sort, saying Rebecca talked about get- am a mother, too. I have two young eled out of State to obtain an abortion. ting a legal abortion in Kentucky until she daughters. And I would hope and pray Based upon the hearing that was held died. She thinks Rebecca had a spontaneous that my two young daughters would in the Subcommittee on the Constitu- abortion.—‘‘Abortion Law: Fatal Effect?’’ by come to me if they got into the tragic tion of the Committee on the Judici- Rochelle Sharpe, Gannatt News Service, situation of an inadvertent pregnancy. ary, it is clear a significant number of Washington, D.C., Nov. 24, 1989. But if they could not come to me, I cer- these 746 abortions were in order to cir- Note: For more information about the tainly do not want them in a back Becky Bell case, including the coroner’s re- cumvent Arkansas’s parental notifica- port, autopsy report and other news stories, alley having an unsafe abortion. tion law. This is an affront to the rule please contact the NRLC State Legislative Do we want to create a society where of law. Department at (202) 626–8819. young women who face an unintended But the rule of law is not the only pregnancy cannot turn to a relative or value that will be protected by this NATIONAL RIGHT TO LIFE a close friend for help? Do we want to law. The bill fortifies parents’ respon- COMMITTEE, INC., increase the number of illegal and sibilities to provide guidance and care Washington, DC. often lethal back-alley abortions? Do for their child. It is the role of the par- THE BECKY BELL CASE: NOT AN ILLEGAL we want to criminalize grandparents ent, not the government and, yes, not ABORTION DEATH for taking their grandchildren to an- the grandparent to raise a child. And in Abortion advocates, including Becky Bell’s other State for an abortion? Do we critical times like that of an unex- parents, claim that Becky Bell died in 1988 want to criminalize a bus driver who pected pregnancy, a child most benefits from complications of an illegal abortion she transports a minor across State lines allegedly sought because she was afraid to from the guidance of a parent. To deny for an abortion? Do we want to force the parents the ability to know and to tell her parents as required by the Indiana the few young women who cannot in- law. act in the best interest of their child However, the facts of the case do not sup- volve their parents in these decisions not only harms the parent but harms port the abortion advocates’ claims. into potentially violent and abusive the child as well. Fact 1. Becky, suspecting she was preg- situations by forcing them to get the The long-term physical and emo- nant, went to Planned Parenthood in Indian- consent of their dysfunctional parents? tional consequences of abortion must apolis for advice. I think not. And I think we should vote be taken into consideration. Parents Fact 2. After Becky left Planned Parent- against the bill for this reason. need to be aware of their daughters’ hood, she talked about going to Kentucky Columnist Ellen Goodman said last for an abortion. situations so that they can provide week, ‘‘You can’t write a law forcing critical counseling to that child. Re- Fact 3. Becky was scared and confused. parent-child communication.’’ But if Fact 4. She considered both adoption and gardless of our position on abortion, we try, we are going to see tragedies abortion. this law makes sense for all involved. across this country. Fact 5. Her best friend, Heather Clark, be- It protects the rule of law, the respon- If my colleagues do not like the lieves Becky miscarried, and did not have an sibility of parents, and the well-being abortion. Becky Bell example, let us talk about Spring Adams, a 13-year-old girl from of our children. Fact 7. On the day before her death, Becky Mr. SCOTT. Mr. Speaker, I yield 3 asked Heather Clark to make a Saturday ap- Idaho who was shot to death by her minutes to the gentleman from New pointment at a Kentucky abortion clinic. parent after he learned she intended to York (Mr. NADLER). Fact 8. Becky’s baby was still alive imme- have an abortion for a pregnancy that Mr. NADLER. Mr. Speaker, I rise in diately before she died. he himself caused. opposition to this bill. Mr. Speaker, de- Fact 9. Becky Bell did not die from an ille- The proponents of this bill claim it gal abortion. to be constitutional. But it would be spite the rhetoric, we all know that the Heather Clark, Becky’s best friend, was, real purpose of this bill is to make it unlikely Becky’s parents, in her confidence the first Federal legislation which would restrict the rights of the adults, even more difficult for women to exer- during the last week of her life. As reported cise their constitutionally protected by Rochelle Sharpe of Gannett News Service of the adults, to cross State lines le- in Abortion Law: Fatal Effect? (11/24/89), the gally. That is why this bill is unconsti- right to have an abortion. That is the two girls together: went to Planned Parent- tutional. It is wrong. It will not solve real motivation and that is what is hood, where a counselor . . . told them about the problem and we need to reject it. driving this bill, not the concern about the Indiana parental-consent law. During the Mr. CANADY of Florida. Mr. Speak- parental involvement. four months of her pregnancy, though, Re- er, I yield 2 minutes to the gentleman We know, in any event, that 75 per- becca wavered . . ., Clark said. She con- from Arkansas (Mr. HUTCHINSON). cent of women under the age of 16 con- templated a trip to Kentucky abortion clinic Mr. HUTCHINSON. Mr. Speaker, I sult their parents before seeking an or running away to California, where she thank the gentleman for yielding me abortion. But young woman who feel planned to have the baby and put it up for they cannot confide in their parents adoption. Most of the time, she said, Rebecca this time. favored the abortion, but she kept postpon- Mr. Speaker, the issue before us will now be unable to confide in their ing her trip out of state. today involves two important values: grandparents or any other adult. This Karen Bell [Becky’s mother] believes her The rule of law and the role of parents. bill would punish young women, would daughter had someone try to induce an ille- The law before us upholds each of these force them to risk their health and iso- gal abortion . . . Clark insists her friend did values. late them from adults who might be nothing of the sort, saying Rebecca talked The practice of transporting a minor able to help them in a time of crisis. about getting a legal abortion in Kentucky across State lines to obtain an abor- This bill would force a young woman to until she died. She thinks Rebecca had a tion is not simply an abstract discus- drive by herself for long distances both spontaneous abortion. . . . Whatever happened, Rebecca got sicker by sion. In the State of Arkansas, where I before and after an abortion rather the day. She was so sick at school on Tues- live, there are parental notification than allow a responsible adult to ac- day, she was crying when she saw her friend laws in place to assure parents are con- company her. Clark. . . . sulted. And, yes, there is an appro- The American Medical Association By Thursday, ‘‘She was so sick, she could priate provision for judicial override in has noted women who feel they cannot not breath,’’ Clark said. ‘‘She couldn’t lay those extraordinary circumstances involve a parent often take drastic down all the way.’’ that dictate that parents should not be steps to maintain the confidentiality of Still, Rebecca asked Clark to make a Sat- involved. However, Arkansas borders their pregnancies, including running urday appointment at the Kentucky abor- tion clinic. As she lay dying, Clark said Re- on three States that do not require pa- away from home, obtaining unsafe becca requested she call one of her friends, rental consent. Abortion clinics do not back-alley abortions, or resorting to who’d gone to the Kentucky clinic. That girl hesitate to encourage minors to cross dangerous, sometimes fatal self-in- described the procedures to Rebecca. State lines to obtain an abortion. duced abortions. The AMA has reported H5526 CONGRESSIONAL RECORD — HOUSE July 15, 1998 that, ‘‘The desire to maintain secrecy requirements. This circumvents the urge opposition to this misguided legis- has been one of the leading reasons for State law and it must end, and we are lation. illegal abortion deaths since 1973.’’ taking a step in that direction today. Mr. CANADY of Florida. Mr. Speak- This bill, Mr. Speaker, is a death sen- H.R. 3682, the Child Custody Protec- er, I yield 2 minutes to the gentleman tence for many young women. Like all tion Act, will make it a Federal offense from Tennessee (Mr. BRYANT). parental consent laws, this bill further for adults with no legal parental au- Mr. BRYANT. Mr. Speaker, I thank risks women’s health because it delays thority to transport someone else’s the gentleman for yielding me the abortions. As we all know, the further child across State lines for the purpose time. a pregnancy progresses, the more dan- of having an abortion. The Child Cus- I rise this afternoon as a cosponsor of gerous any termination procedure be- tody Protection Act will punish those this bill and in strong support of this comes. We should be taking action to who disregard the safety of our chil- legislation and urge my colleagues to ensure that abortions are as safe as dren while, at the same time, returning vote in support of it. While there are possible, and we should be strengthen- to parents the authority to make those fundamental differences between us re- ing and increasing the important medical decisions for their garding the prolife and prochoice de- availability of contraception to help children. bate, for many of us there is common reduce the number of unintended preg- I know as a parent of four children, ground regarding the protection of pa- nancies. This bill does not address Anne and I appreciate as much input as rental rights and the health of our those issues, and instead seeks to iso- we possibly can have in the medical de- teenage children. late teenagers and makes their lives cisions of our children, and that is why And certainly we are talking about even more difficult. I urge my colleagues to support H.R. teenage children here. We are not talk- This bill also invites families to sue 3682. We must protect the authority of ing about women. We talking about one another for damages. Who gets to parents, the welfare of our children, young girls that are underage here, sue? Parents. Even parents who have the rights of the unborn, and this is a teenagers; 9-, 10-, 11-, 12-year-old teen- been abusive or have abandoned their beginning in that direction. agers up to perhaps, I guess, age 18 be- fore in most States they become a children. Fathers who have raped their b 1415 daughters are allowed to sue for dam- minor. ages. Who can they sue? They can sue Mr. SCOTT. Mr. Speaker, I yield my- The truth of the matter is that many doctors, clinics and relatives. self such time as I may consume. of these young pregnant teenagers, What about the criminal penalties? Section 2401(b)(2) specifically ex- these young girls, 12- 13-year-old girls This bill could force a grandmother to empts prosecution of a young lady who are being impregnated by adult boy- go to jail for coming to the aid of a goes by herself across State lines. friends, more than 18-year-old men; and grandchild. It could criminalize almost There is nothing in the bill that pre- they are being carried across State any adult relative of a child who tries vents skipping around the parental lines by these young men who are 18 or to help the young woman at this time. consent laws. So we just want to re- over or by their parents. Proponents of this bill ignore these mind people of that. We heard cases where the mother of concerns and wave around judicial by- Mr. Speaker, I yield 2 minutes to the this boyfriend carried this young teen- pass as a panacea. But the judicial by- gentleman from Massachusetts (Mr. age girl across a State line, unbe- pass option of many parental consent MEEHAN). knownst to her own parents, so she laws has proven ineffective. Many local Mr. MEEHAN. Mr. Speaker, I urge could get an abortion. And this is a judges refuse to hold hearings or are my colleagues to oppose the bill cur- complicated medical invasive proce- widely known to be anti-choice and rently under consideration. This bill dure we are talking about. We are not refuse to grant bypasses, despite rul- rests on a fallacy. The fallacy is that talking about crossing State lines to ings of the Supreme Court that they we can compel each and every woman go gambling or to go shopping. We are cannot withhold a bypass under certain to inform her parents or a judge about talking about major surgery here that conditions. her desire to have an abortion. The re- has, as with any surgery, a very high This bill also promotes a dangerously ality is quite different. risk not only during the surgery, but unconstitutional concept. I know of no Some young women are horrified at after the surgery. other law that seeks to make it crimi- the prospect of telling their parents or And to make matters even worse, nal to accompany someone to a dif- a judge about a pregnancy, and they this mother of the boyfriend or this ferent State for the purpose of doing will do everything in their power to boyfriend does not know the medical something that is legal in that State. avoid it. So the question we really history completely, nor does that child Will we next make it illegal to help should be asking ourselves today is know her own complete medical his- someone go from New York, where this: What will these young women do tory that might be of some relevance gambling is illegal, to Atlantic City or if H.R. 3682 were enacted into law? The to this doctor. to Las Vegas? What this bill really answer is some will travel across State Could there be a worse nightmare out says is: We regret forming the Con- lines alone to have abortions, while there for parents to be in a situation stitution. We regret our Federal union others will be accompanied by trusted where their child is across the State and we want to go back to a series of friends and relatives to underground il- lines dying perhaps in one of these clin- sovereign States, back to the Articles legal abortion providers who offer a ics without their knowledge? And all of of Confederation. That is simply fool- way around consent laws. this can be avoided by simply passing ish and dangerous. Can this really be the sort of behav- this law that allows a responsible par- Mr. Speaker, I urge my colleagues to ior we want to encourage? We tell ent, a guardian, or even a court where reject this bill and to affirm that in a adults who have teeth pulled to bring there are bad parents to intervene in Federal union we cannot criminalize along a friend or a family member to this type of situation. going to another State to do what is drive them home. Yet some Members of This bill guarantees the goals of both legal in that State. this body apparently have no qualms sides of this issue, and I urge my col- Mr. CANADY of Florida. Mr. Speak- about seeing young women who cross leagues to support this for the health er, I yield 2 minutes to the gentleman State lines for abortion take home the and safety of our teenage children and from Kansas (Mr. RYUN). bus with strangers. for the responsibilities of knowing and Mr. RYUN. Mr. Speaker, I rise today Mr. Speaker, we all would welcome a caring parents. in strong support of this measure, world where abortion is less prevalent, Mr. SCOTT. Mr. Speaker, I yield 2 knowing that another young girl will but I, for one, will not attempt to usher minutes to the gentlewoman from Cali- secretly be taken across State lines in that world by erecting obstacle after fornia (Ms. WOOLSEY). and have an abortion without her par- obstacle in the way of a woman’s right (Ms. WOOLSEY asked and was given ents’ knowledge. And I want to empha- to choose. I assure my colleagues we permission to revise and extend her re- size that: Secretly taken across State will pay a steep price for that strategy marks.) lines without her parents’ knowledge. in the currency of many pregnant Ms. WOOLSEY. Mr. Speaker, I rise This is done to bypass State parental young women’s health and safety. I today in strong opposition to H.R. 3862. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5527 The idea that a girl who has a good of Americans remain committed to years old. Eventually a trusted friend relationship with her parents would strong families where children can face said she would take Spring to Oregon, face an abortion without parental sup- difficult decisions with the help of a but it was too late for Spring because port is absolutely absurd. Some young mother or father. Yes, some parents that night her father, hearing that she girls are forced to go behind their par- are better than others, and there are was going to get an abortion of this ents’ back. They have to do that for laws to protect their children from child that he had caused, this preg- their own safety. abuse or irresponsible mothers or fa- nancy, he shot her through the head. A third of the young women who do thers. Not all families, not all families, are not notify their parents have been vic- The truth is that parents will never kind and loving. Spring Adams’ family tims of family violence. They do not be able to offer perfect advice or guid- was not. consider it safe to involve their own ance for their children. However, I Let us vote for Spring Adams. Let us parents. know of no better refuge for a child vote against this bill that will jeopard- I am outraged. Here we are, with the who is confronting a personal crisis ize our daughters’ safety. far right majority in Congress wanting than the emotional support of a parent. Mr. CANNON. Mr. Speaker, I yield 6 to make it a crime to help pregnant Encouraging a child to procure an minutes to the gentleman from New girls, when we know that not all par- abortion, with all its emotional con- Jersey, Mr. SMITH. Mr. SMITH of New Jersey. Mr. ents are loving. Some pregnancies are sequences and health risks, without pa- Speaker, I think it is becoming abun- even caused by a family member. Some rental involvement, is an assault on dantly clear to a growing number of parents are in denial. Some are not this refuge and historic legal rights of Americans that abortion is violence knowledgeable. They cannot help that parenthood. against children. Abortion methods rip young person. I strongly urge my colleagues to sup- and tear innocent, unborn babies to But let us face it, even teenagers can port H.R. 3682. The overwhelming ma- pieces. Abortion methods dismember have sex without parental support or jority of Americans agree that we must children with razor blades attached to consent. Teenagers can continue a protect the fundamental right and re- suction machines. Abortion methods pregnancy, receive prenatal care, and sponsibility of parents to protect their include pumping and injecting deadly deliver a baby without parental con- minor daughters from those adults who poisons into the baby for the express sent. Teens can also give the baby up have no legal responsibility for the purpose of killing the child. for adoption without parental consent. child, but decide that a secret abortion Abortion methods include killing the The only thing they are prevented from is the preferred option. Let us respect baby as he or she is actually being doing by this bill is making the deci- the States’ parental notification laws born. The partial birth abortion meth- sion to end the pregnancy. that promote strong families and en- od, as we now know, entails jamming This bill seeks only to isolate young courage minors to make wise decisions. scissors into the child’s skull and then women who cannot involve their par- Mr. SCOTT. Mr. Speaker, could I de- vacuuming the brains out. ents. We should be helping our teen- termine the amount of time remaining Abortion is violence against children, agers. We should be helping our young on both sides, please? Mr. Speaker. Thus, it seems very clear women. Instead of criminalizing free- The SPEAKER pro tempore (Mr. to me that secretly transporting teen- dom of choice, we should be providing EWING). Both Members have 42 minutes agers across State lines to procure the support services that teens need. remaining. abortions in a State with no parental They need a better education. They Mr. SCOTT. Mr. Speaker, I yield 2 notification or parental consent com- need health care. They need support minutes to the gentlewoman from Or- pounds the violence by exploiting the services. egon (Ms. FURSE). vulnerable minor. Many of the same people who are Ms. FURSE. Mr. Speaker, I rise Mr. Speaker, my colleagues may re- supporting this bill today and oppose a today in strong opposition to H.R. 3682. call that when the partial birth abor- young woman’s right to choose con- We have heard a great deal today tion ban was debated on this floor stantly oppose teaching our children about the sanctity of parenthood. Well, many proabortion organizations, in- about birth control, about their op- I am a parent. I think parenthood is a cluding Planned Parenthood Federa- tions to prevent pregnancies in the great, great thing. But let us talk tion of America and their research first place. about reality as well. I am sometimes arm, the Guttmacher Institute, wrote a I urge my colleagues to vote against very much afraid there is a big dis- letter saying that there were and I this bill. connect in this institution about re- quote, ‘‘fewer than 500’’ partial birth Mr. CANADY of Florida. Mr. Speak- ality. abortions per year in the country, in er, I yield 2 minutes to the gentleman Just assuming that all families are the entire country. from Kentucky (Mr. LEWIS). good and kind does not make them so, That statement, just like other Mr. LEWIS of Kentucky. Mr. Speak- and I think it is grotesque, yes, gro- statements that they made, has turned er, I rise today in support of this much tesque, that there are people in this in- out to be totally bogus. It turned out needed legislation. stitution who deny reality and in doing to be a lie. One leading proabortionist The Child Custody Protection Act of- so jeopardize the lives of our daugh- even said that he ‘‘lied through his fers the Members of this Chamber the ters. teeth’’ on this issue. opportunity to safeguard the rights of This legislation assumes that all It was a New Jersey newspaper, the their parents and their special respon- young women have a safe, warm, loving Bergen Record, that broke the story sibility of caring for their children family, but, however, I know that there that just one clinic in my State, the they have brought into this world. It is are many young women who fear phys- Metropolitan Medical Associates in En- time for the Congress to speak loud ical and emotional abuse at home and glewood, did about 1,500 partial birth and clear in defense of the family. who know that disclosure of pregnancy abortions each and every year, many of Allowing other adults to circumvent would bring violence to them. them on teenagers. That’s three times State law requiring parental involve- I am not talking just generally. I the number the abortion industry told ment in a minor’s abortion deprives want to tell you about one such girl, us were performed in the entire nation. the child of the security, love, and wis- one such family, one such case: Spring Now we know that the Metropolitan dom that only a mother and father can Adams, 13 years old, living in Idaho. Medical Associates and other abortion provide in the most difficult times. Her father, Rocky Adams, raped her, mills in New Jersey advertise and mar- I fully recognize that the practice of and she became pregnant. She tried to ket their business in Pennsylvania and abortion is a divisive issue in our coun- get her mother to take her to Portland, elsewhere, and use the fact that New try today, and I hope that one day we Oregon, where she could have a safe Jersey does not have a parental con- will again honor the sanctity of life and legal abortion, and her mother was sent or parental notice law as a way of and reject the killing of millions of afraid of Rocky Adams, rightly so. He luring young girls to that clinic and to preborn babies. was a violent, violent man. other clinics. Despite the different views toward Spring did not know about a court, If you look at this yellow page ad, abortion, I believe the great majority that she could go to a judge. She was 13 promoting the Metropolitan Medicine H5528 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Associates Mr. Speaker, it stresses Finally, Mr. Speaker, Americans and trying to help their sister? Is this that pregnancies up to 24 weeks, 6 overwhelmingly support the Child Cus- something that we want frightened months, very large, very mature ba- tody Protection Act. When asked a couples to be faced with? bies, can be terminated, that is—mur- very simple question that goes right to I urge us not to compound one trag- dered—without parental knowledge, the core of parental responsibility, edy by adding on another tragedy, and without parental consent. No waiting ‘‘Should a person be able to take a so for that reason I oppose this legisla- period, no parental consent, that is minor girl across State lines without tion. how they advertise in the Pennsylvania her parents’ knowledge to get an abor- Mr. CANADY of Florida. Mr. Speak- phone book. tion’’, 85 percent of Americans said no; er, I yield 2 minutes to the gentleman from South Dakota (Mr. THUNE). b 1430 only 9 percent said yes. Mr. Speaker, I urge my colleagues to Mr. THUNE. Mr. Speaker, I thank These ads are telling young teens, support this very pro-child, pro-family, the gentleman from Florida for yield- ‘‘Hey, we can end your baby’s life, and pro-parent legislation that has been of- ing this time to me. your parents never need to know; it fered by the courageous pro-life leader, Mr. Speaker, I, too, rise in support will be our secret.’’ But if a teenager’s the gentlewoman from Florida (Ms. today of the Child Custody Protection Act and want to comment, based on lis- secret abortion leads to complications, ROS-LEHTINEN). I want to thank the tening to the debate on the floor today what then? Where is it written that the gentleman from Florida (Mr. CANADY) person driving the frightened and often as well for his exemplary work in shep- and the tenure of that debate, that this is not an easy issue, this is a difficult very vulnerable 12 or 14 year old to an herding this legislation through, and issue, and yet standing for what is abortion mill is responsible? Who picks the gentleman from Illinois (Mr. HYDE) right is never going to be easy, and I up the pieces of the shattered young and all of us who had a part. It is a want to credit the gentleman from girl when the bleeding, when the psy- very important piece of legislation, Florida (Mr. CANADY) and the gentle- chological and the emotional and the and it will help our minor girls. woman from Florida (Ms. ROS- physical consequences set in? Obvi- Mr. SCOTT. Mr. Speaker, I yield 2 LEHTINEN) for the courage that they ously it will be her parents, or one of minutes to the gentleman from West have demonstrated by bringing this im- her parents. They will be responsible Virginia (Mr. WISE). for and involved in her care after the Mr. WISE. Mr. Speaker, I thank the portant piece of legislation to the floor. abortion, when the disaster hits. The gentleman for yielding this time to me. I think it really revolves around parents, should have had the chance to Mr. Speaker, this is one of those three basic, fundamental questions. be involved without the circumventing issues we just got to wrestle with and The first is: Does this Congress want to of the more than 20 State laws that re- wrestle with our conscience. affirm the most basic and fundamental quire parental involvement in this irre- I support parental notification, I sup- institution in our culture today, and versible decision that takes a human port the West Virginia statute which that is the family? Secondly: Does this life. requires parental notification except in Congress want to affirm States rights On May 21, Mr. Speaker, Joyce Far- very limited circumstances, and to the to regulate and impose restrictions on ley testified before the House Commit- gentleman who just recited a national abortions? And finally: Does this Con- tee on the Judiciary’s Subcommittee poll, quoted from a poll saying that 85 gress want to affirm respect for the on the Constitution, and she said, and percent feel that someone should not sanctity of human life? And if we an- I will quote her only briefly: be able to take a minor girl across swer yes on any or all three of those ‘‘My daughter was a victim of several State lines for purposes of having an questions, then this is really a very horrible crimes between the ages of 12 abortion without parental consent, he simple and straightforward issue. It is and 13. My child was provided alcohol, can put me down in that if I am asked not complicated, and most of the social she was raped and then taken out of the question just as he phrased it. But problems that we encounter and see in the State by a stranger to have an then if I am asked: What about the America today can be traced back to abortion. This stranger turned out to Spring Adams case where her father one very simple basic problem, and be the mother of the adult male who molested her and raped her, and be- that is that the American family has provided the alcohol and then raped my cause he found out she was going to been undermined, eroded and attacked 12-year-old daughter while she was un- have an abortion shot her; was he on every front. conscious. The rapist’s mother ar- someone that my colleagues would re- Mr. Speaker, the family is disinte- ranged for and paid for an abortion, quire parental consent of? grated, and government policy has and it was performed on her child. This What about the limited cir- aided that disintegration on every woman lied and falsified records.’’ cumstances? I happen to believe that front by making it more difficult for And she goes on to say: the case cited, the Joyce Farley case, families to spend time with their chil- ‘‘Following the abortion the mother by the proponents of this legislation is dren; and opposing this legislation, as of the rapist dropped off my physically a horror. But I also think that the those on the other side have indicated and emotionally battered child in a Spring Adams case, in which she was they will do, further disenfranchises town 40 miles away from our home. raped by her father and then shot by parents from their children. The plan was to keep the rape and the her father, is a horror as well. This is not a value-neutral issue. abortion secret.’’ There is another reason, too, that I This strikes at the very core of our Then she goes on to say how, when oppose this legislation: Because I do country’s and our culture’s value sys- she discovered the consequences, she not think we want the FBI and the tem, and far be it from this Congress to then swung into action and did every- Federal authorities criminalizing stand in the way of life, to stand in the thing humanly possible to help her brothers and sisters and other loved way of families and parents and their child who was bleeding and in severe ones who may feel that this is the only children and to stand in the way of the pain. way they can help their pregnant sis- ability of States to affirm their com- We need to say, Mr. Speaker, that ter. mitment to our most basic and fun- the law does indeed matter. These In West Virginia recently, because of damental core values in our culture State laws are there for a purpose. overcrowded jails, and we are not the today. Other States are contemplating paren- only State with overcrowded jails, ev- So I support this legislation and tal-involvement statutes as we speak. erybody here has them, an inmate was would encourage my colleagues on both We need to say that parents matter, killed because of an overcrowded jail, sides of the aisle to stand firm in sup- and we need to help those vulnerable and the argument now is what kind of port of families, in support of life and children who are being carried across criminal offenses are we putting people in support of those States out there State lines and pushed into abortion in jail for? Do we really wanted to sub- that are doing what they can to see clinics by relative strangers and who in ject a brother or a sister to the crimi- those values are upheld. many cases have their own reasons for nal penalties, to imprisonment, for Mr. SCOTT. Mr. Speaker, I yield 6 making sure that these girls get abor- doing something that they do whether minutes to the gentlewoman from tions. rightly or wrongly they do out of love Texas (Ms. JACKSON-LEE). July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5529 (Ms. JACKSON-LEE of Texas asked ‘‘Don’t worry about the problems. that, with all of the good intentions of and was given permission to revise and You can go to the courthouse and get a this legislation, we will recognize that extend her remarks.) waiver. You can go down to your local the value of everyone’s life is impor- Ms. JACKSON-LEE of Texas. Mr. courthouse, stand before a judge and tant; and that young person who finds Speaker, I thank the gentleman from tell them about the most personalized comfort not in the home of that inces- Virginia (Mr. SCOTT) for his leadership. act where you were caught up in the tuous family, that violent family, that This is a very difficult debate. It is quagmire of your emotions. You may dysfunctional family, but may find it one that gains us no friends, no ticker- go to the courthouse; that is called a with that aunt or uncle or grandparent tape parade, no applause and no posi- judicial bypass.’’ or responsible friend, will save the tive newspaper headlines. Well, my colleagues, that is what lives of many as they go forward to For those that believe that politics is this democracy is all about, because I make a very important decision. all about that, it would mean that come from an inner-city district where Maybe we will not have young people those of us who oppose this legislation I venture to say that many of my incarcerated in prison, like the two should quietly go to our seats. young people, God bless them, could young lovers in New Jersey who loved But this process of democracy goes not find the courthouse, would be in- each other but did not understand and further than the latest headline. It is timidated by the courthouse, would be find their lives destroyed because they about truth, it is about reason and ra- intimidated by the process. are now in jail because they killed a tionale, it is about reality. I represent young people like Alisha Mr. Speaker, it is a tragedy to think living being. who lives with a single parent who is in Help us to make the right decisions. that anyone who opposes this legisla- a treatment facility for drugs and alco- I would ask my colleagues to defeat tion is a bad parent, a bad human hol. Alisha herself is under treatment this legislation, not because we do not being, a bad American, but yet the for mental dysfunctional aspects of her characterization is for those who have care but because the rights of Ameri- life. She has no father, and she is preg- cans are being threatened. a sense of concern, who want to express nant. Now the circumstances may be to the American people the realities of Mr. Speaker, thank you for the opportunity different, but just put Alisha in the to speak on this bill. I hope that my colleagues life, that they are bad people. context of seeking an abortion in an- There are good people in all places, will consider the importance of this legislation. other State and maybe possibly going Our Supreme Court has held that women and there are good intentions, and this to a religious leader, an aunt, or an legislation has its good intentions. But have the right to seek an abortion. A pregnant uncle, or a cousin, or a grandparent. minor is in crisis. She needs someone to allow me to share with my colleagues Those people would be fined and put in the reality of what happens when we speak with, and someone to trust. If we force jail for 1 year. our daughters, granddaughters, our sisters, pass this legislation. That is the neighborhood that I come and our nieces and cousins to act without the First of all, we condemn all teen- from. I am not ashamed of it. I just guidance of someone they can trust, where agers. We take the opposite of a parent recognize it. that is not responsible. We begin to Or maybe the single parent with four will they turn? Perhaps this bill should be categorize all of our young people as ir- children: Neither the father of my chil- called the teen endangerment act! responsible and people who do not have dren are with me to help support or I am very concerned about children and the ability to quietly know they have raise my children. I myself did not fin- teenagers in America and I want teenage made a mistake and make their own ish school. I am a dropout. I started my women to have the right to reproductive health choices along with the consultation of family at age 16. I am on a fixed in- care. We know that in 1992, the Supreme a private doctor, maybe, or religious come of $484, and after paying rent that Court decided Planned Parenthood v. Casey. leader, or a grandparent. is what I have as the remaining mon- In a highly fractionated 5±4 decision, the high- I wish those two young persons in eys to support my children. I have a est Court of our Nation reaffirmed the basic New Jersey from prominent, well-en- pregnant teen at home. constitutional right to for both adult and young dowed families, believing that they My colleagues, it is time that we use women to obtain abortions. were in love with each other, had ca- the floor of the House for a debate with As a result of Casey v. Planned Parent- reers ahead of them, were in college. the American people, that we tell them hood, courts now need to ask whether a State They were just convicted last week for the truth. abortion restriction has the effect of imposing murder of their new born baby. I wish Yesterday we joined in support of an undue burden on a women's right to obtain that they had had individuals who they giving grandparents more rights. We an abortion at any point during her pregnancy. could counsel with to save not only applauded the need to assure that if This decision, thereby opened the door to their lives but the life of that baby. you give someone custodial rights or States to legislate issues of parental involve- This particular law starts off with visitation rights in one State as a ment in minors' abortion decisions. the wrong premise, that all of us are grandparent, they can have it in an- Currently parental involvement laws are in blessed with the American apple pie other. Today we come and deny that effect in 30 States. Although my home State tradition of a mom and a dad, worship same grandparent the right to nurture of Texas does not require parental consent or on weekends, grandparents, parades and to counsel and to be with a child in notification, Louisiana, which borders my and picnics. But one-third of teenagers their distress, and what we do is we say home State requires parental consent before a who do not tell a parent about a preg- to that grandparent, that friend, that minor can receive an abortion. If H.R. 3682 is nancy have already been the victims of emergency medical personnel, we say passed, the bill would have the effect of feder- family violence. Studies show that the to all of them, that religious leader, ally criminalizing these laws, extending their incidence of violence in a dysfunctional ‘‘You are criminals, we disregard you, effect to States that have chosen not to enact family escalates when the wife or a we disrespect you.’’ such an obstructive and potentially dangerous teenaged daughter becomes pregnant. statute. b This is the reality of what we are deal- 1445 I received a letter from a constituent in ing with. This legislation has good intentions, Houston, Texas, a fifteen year old girl whose Likewise, how many medical groups Mr. Speaker, but I would simply argue mother, a single parent was in a treatment fa- were inquired of about this legislation? that we can do better by teaching pre- cility for drugs and alcohol. This young woman The American Academy of Pediatrics, ventive measures, by respecting our found herself pregnant while her mother was the American Medical Association, the young people, by embracing them and still in treatment, and without any offer of help American Association of Family Physi- loving them, by teaching them absten- from her boyfriend, she made the decision to cians and the American College of Ob- tion, by educating them, and by em- have an abortion. As a child herself, she did stetricians and Gynecologists oppose bracing the families that we have; by not feel ready to care for a child. mandatory involvement for minors embracing the families that we have, The true victims of this act will be young seeking abortions, concluding that ac- the single parent family, the household girls and young women. The enactment of this cess to confidential services is essen- where there is nothing but teenagers, law would undoubtedly isolate these young tial. the dysfunctional family. women at a time of crisis. If a minor feels she Let me tell my colleagues what the There is no shame in America to ac- is unable to tell her parents about her preg- proponents say about this legislation: cept all of us as God’s children. If we do nancy, she would have no recourse to receive H5530 CONGRESSIONAL RECORD — HOUSE July 15, 1998 the medical treatment she needs at a time risks of hemorrhage, infection, infertil- would make it a criminal act to trans- early enough in the pregnancy to perform a ity, death, but the child cannot have port a minor across State lines if the safe abortion. their ears pierced. law in one State said you have to be 18 We know that confidentiality is essential to Twenty States have appropriately re- and the law in the adjoining State says encourage minors to seek sensitive medical sponded to the will of the people, who you can be 16 and marry. services and information. Young women must have recognized in those States that So you have some very difficult Fed- often seek abortion services outside their this kind of a legal logic is crazy, and eralism issues that have been kind of home State for a variety of reasons. they have passed reasonable parental masked over here because the folks I agree that adolescents should be encour- consent laws. But we have a situation who are proponents of this bill would aged to speak with their parents about issues right now, today, where children are like to have you believe that they are such as family planning and abortion. How- being carried across State lines with- the defenders of States rights. They are ever, the Government cannot mandate healthy out their parents’ knowledge to have always the defenders of States rights, family relations where they do not already abortions performed. but when the States disagree with exist. We need to protect our young women Now we have before us today, before them in writing their laws, then, all of from being forced to seek unsafe options to the House of Representatives, I believe a sudden, they do not defend the states’ terminate their pregnancies, and we need to a very reasonable and appropriate stat- rights to make those laws. And these encourage them to speak with other family ute which makes that process illegal. have been matters which have been members, religious leaders to guide them It respects the laws in those States, governed by State law. The Federal through this time of crisis. and I encourage all of my colleagues to Government has no statutory rule on In fact, yesterday the House passed legisla- vote yes on this legislation. when one can have an abortion or when tion which recognized the importance of Mr. SCOTT. Mr. Speaker, I yield 8 one gets parental consent. All of this is grandparents in the lives of their grand- minutes to the gentleman from North governed under State law. children. Republicans and Democrats alike Carolina (Mr. WATT). The second issue: I said in the debate spoke about how grandparents could offer Mr. WATT of North Carolina. Mr. on the rule that this bill is probably guidance and love and encouragement to their Speaker, I thank the gentleman from unconstitutional. I offered an amend- grandchildren. Yet, the legislation before us Virginia for yielding me time for the ment in the Committee on Rules say- today would criminalize grandparents' involve- purpose of debating this important ing please let us debate this issue on the floor. The Committee on Rules ment in their granddaughters' lives. issue. I am hopeful that my colleagues will vote to Mr. Speaker, I regret that the spon- said, no, we will not make your pro- oppose this bill in order to allow young women sor of this legislation, the gentle- posed amendment in order. My amend- ment would have said we are going to to access adult guidance and safe, legal abor- woman from Florida (Ms. ROS- put an exception for the physical tions. LEHTINEN) left the floor, because I have Mr. CANADY of Florida. Mr. Speak- the greatest amount of respect for her health and safety of the minor in the er, I yield 2 minutes to my colleague, and I am sure that her intentions in of- bill. Now, we think the Supreme Court the gentleman from Florida (Mr. fering this legislation are honorable has said that that is required to make WELDON). and with good intentions. this law a constitutional law, and, be- Mr. WELDON of Florida. Mr. Speak- This is a very difficult issue. Some cause of the importance of it, which I er, I thank the gentleman for yielding folks tried to make it an issue on acknowledged at the outset of this de- me this time. whether you support abortion or do not bate, I would think if it were so impor- Mr. Speaker, I rise in support of the support abortion, or whether you sup- tant, we would want to make it con- legislation. I commend the author, the port choice or do not support choice. stitutional. gentlewoman from Florida (Ms. ROS- But there are some very, very com- But what are the practical implica- LEHTINEN) for crafting this piece of leg- plicated issues involved in this legisla- tions we are talking about here? You islation. tion, and I regret that the Committee have a young girl who is feeling not As many know, I practiced medicine on Rules did not make some proposed well. She is pregnant. The closest hos- prior to coming to the House, to in- amendments in order that would have pital is across the State line. Some- clude working in emergency rooms. I allowed us to address those issues and body other than her parent is at home, can testify to all of you, one of the vote them up or down. I would like to and they transport that young girl things an emergency room doctor fears spend a few minutes talking about across the State line. in the course of his practice is to have some of those issues, if I might. Under this bill it is criminal, because a minor child come into the emergency I said in the debate on the rule that there is no intent standard in the bill. room unaccompanied by a parent or this is unprecedented legislation. I be- There is no protection of the health, legal guardian in need of acute medical lieve it is. The sponsors of this legisla- physical health of the minor in the bill, care. tion, the proponents of this legislation, so you have got to make a choice be- The reason they fear that is because have said that this is about trying to tween trying to save a baby or getting if you sew up a laceration or give a protect those 22 States that have pa- consent, when you might jeopardize medication and find that the parents rental consent legislation in their the health of that young girl for the were unhappy with that particular States. rest of her life. She could become a intervention, you can get yourself into Well, what about the 28 States who paraplegic. a lot of trouble. Indeed, in some States do not have parental consent statutes We were hard on the chairman of our you can actually be charged for assault in their State? If we owe a duty to pro- subcommittee because we kept asking for providing needed medical care to a tect one in our federalist system, in him, would you want your daughter to minor child. our system where States have rights to be a paraplegic, trying to save an un- But in the interpretation of Row v. make laws, what obligations do we born infant? That is a difficult issue. Wade, in many States, I believe 30 of have to the 28 States? That does not minimize the issue. It is them, that doctor can perform an abor- What, for example, would happen if, a difficult issue which this bill does not tion, without any fear of being charged as is the case now, we have gambling address, and the fact that we were not with assault or prosecution. However, legal in one State and gambling not able to offer amendments will not he cannot give that child aspirin for a legal in the adjoining State? The par- allow us to address. headache. Indeed, the school nurse can- allel here would be we would be making Third, we talk about the family not give a child aspirin for a headache. it a criminal act for people to trans- issue. Who is family? Sure, Ozzie and The technician who works in the jew- port somebody across State lines to en- Harriet, it was a mother and father and elry store cannot pierce the ears of a gage in gambling because it was illegal two children. But in some commu- minor child without parental consent, in the State in which it was taking nities, grandparents have taken over but in many States that same minor place. the role of parenting. And, under this child can go and have an invasive pro- Some States have marital statutes bill, if they assume that role respon- cedure, a surgical procedure, an abor- that define the age at which kids can sibly, not as strangers, as my col- tion, a procedure with the associated marry. The parallel here would be we leagues would have you believe this July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5531 bill is all about, but they assume that Mr. Speaker, as a mother of four chil- from the school. If they had a headache role responsibly, they become crimi- dren, two daughters and two sons, I at school and they wanted to take an nals under the bill. find this probably the most difficult aspirin, that required parental consent. So there are some difficult issues part of the debate on the right to How can a parent think that those acts that are not addressed in this bill. We choose. are acceptable, and yet a life-changing can gloss them over if we want to. The Some years back, when I first consid- act like having an abortion is some- Committee on Rules did not want us to ered the issue of parental consent, my thing that a child should and could de- talk about them, obviously, because response was, I am a responsible par- cide on their own? We have heard some they did not make my amendment in ent, I have a trusting relationship with very tragic cases, and there are very order which said there ought to be an my daughters. I want them to talk to tragic cases on all sides of this issue. exception for the physical health of the me before seeking to exercise their An unwanted pregnancy in and of minor. They did not want us to talk constitutional right to choose. That itself is a tragic situation, but I want about the fact that there is no intent was my initial position, until I thought to talk to my colleagues about another to violate the law or statute. So even if about many other families and many group of young women, of minors, that you transport somebody across the line other relationships, and until I con- have not been discussed here today, just because they are feeling bad, if sulted my own daughters. Their re- and I think they are girls like I think they end up having an abortion in the sponse was, Mom, of course we would I would have been had I been faced with adjoining State, then you are a crimi- talk to you. We trust you, we know an unwanted pregnancy when I was a teenager. I had a good relationship nal. They did not want us to talk about you. We know that you would give ad- with my parents, I had a good relation- the Jackson-Lee amendment which vice in our interests, and we also have ship with my family. I still do. If I had would have protected the grandparents, listened to you over the years, and we found that I was pregnant when I was a not strangers, because we know that, know that the best thing to do is to minor, I would probably have wanted in many communities, grandparents avoid unwanted pregnancies. But none- to have an abortion not because of have assumed those roles. theless, they said, what about other what it would do in my life, and not be- Those issues do not get addressed, girls? What about other families? What cause I was considering this unknown and this bill is unworthy and ought to about other situations where there is child that I was carrying, but because go back. I encourage my colleagues to no trust relationship? Then what? And I would not want to hurt my mother vote against it. their answer, and I believe it is the an- and my father and my family. That is Mr. CANADY of Florida. Mr. Speak- swer we have heard from speaker after the wrong reason to get an abortion, er, I yield 2 minutes to the gentleman speaker, was those girls will not talk and I venture to say there are many, from Utah (Mr. CANNON) a member of to their parents; those girls will seek many, many young girls out there who to have unlawful abortions or to make the Committee on the Judiciary. would get an abortion for that reason. Mr. CANNON. Mr. Speaker, I am other unwise choices, and we have cer- When in the life of a girl does she pleased today to rise in support of this tainly heard the sordid tale of the cou- need the wisdom, guidance, love and legislation and would like to commend ple in New Jersey who made a terrible support of her parents more than when the gentlewoman from Florida (Ms. decision and are having to pay for it. she is facing an unwanted pregnancy? ROS-LEHTINEN) on her thoughtful work At any rate, my views have evolved While I know, I believe there are tragic on this issue. on the subject, and I stand here to say situations out there that have occurred Several of my colleagues will come that. My views are that I work as hard because parents, some sick parent was before you today to speak about their as possible to keep a trust relationship notified that the daughter was going to reasons for supporting this legislation. with my daughters, and one of them is get an abortion, that is the minuscule I personally have six; that is, six still a teenager, and to make certain minority. We have to look at what is daughters. that they do consult me about the crit- best for the vast, vast majority of our Mr. Speaker, a yes vote on this legis- ical decisions in their lives, not just a young people, and facing an unwanted lation allows me to protect them. Our decision like this; but that I do not pregnancy and making the decision to State parental notification and consent presume that other daughters have the kill one’s own child when one is 12, 13, laws exist for a reason, to guard our same opportunity that mine do, or that 14 years old is wrong. Those girls need children against individuals who would other mothers, even if they have good their parents. They need all the love otherwise risk their physical and emo- intentions, have the same success that and guidance they can get. They de- tional health and safety. I have been able to have with my own serve it. Let us pass this law. Allowing the transport of minor chil- children. Mr. SCOTT. Mr. Speaker, I yield 5 dren across State lines in order to cir- So my conclusion is that this is a minutes to the gentleman from Penn- cumvent these laws makes a mockery tough subject, particularly tough for sylvania (Mr. GREENWOOD). of the integral role parents play in the parents, but that the right answer is Mr. GREENWOOD. Mr. Speaker, I lives of their young daughters. A vote my daughters’ answer, and that is to would like to begin by associating my- against this legislation transfers to make certain that there is adult con- self with the remarks made by Mem- strangers the right of parents to keep sultation, to make certain that young bers on both sides of this debate about their children safe. girls get advice, but not to require that the difficulty of this debate. This is not Mr. Speaker, to protect the precious they get parental consent, which is, 1, an easy one. It really divides our own lives of my daughters and the daugh- to undermine their right to choose; but allegiances, those of us who are par- ters of parents nationwide, I urge a yes 2, to undermine their health. That is ents, and many of us have spoken vote on this important issue. why I oppose this legislation. about our parenthood in this debate. It May I just add, I have great con- Mr. CANADY of Florida. Mr. Speak- divides our allegiance between the nat- fidence in the American people, and I er, I yield 3 minutes to the gentle- ural tendency of a parent to want to believe that they can make a distinc- woman from (Mrs. CUBIN). make sure that their children remain tion between interstate gambling laws Mrs. CUBIN. Mr. Speaker, I am under their custody and their control, and marriage laws, as opposed to laws pleased to be here today to speak on and our allegiance to want to do some- affecting such important matters as behalf of the Child Custody Protection thing to help those teenagers in Amer- pregnancy and abortion among young Act, and I want to thank the gentle- ica who are not so fortunate, who do women. woman from Florida (Ms. ROS- not have parents who spend the time LEHTINEN) for her hard work in bring- with them and talk with them, and b 1500 ing this important issue to the fore- who feel alone in these kinds of agoniz- Mr. SCOTT. Mr. Speaker, I yield 3 front today. ing decisions. minutes to the gentlewoman from Cali- I believe this Federal law is long past As a parent of two daughters, I know fornia (Ms. HARMAN). due. I am a parent as well. As a parent, that for those of us who try as hard as Ms. HARMAN. Mr. Speaker, I thank when my children were in school, I we can to commit ourselves to commu- the gentleman for yielding me this used to have to sign a release form to nicating with and nurturing our chil- time. allow them to go to a museum 6 blocks dren, the laws on parental consent and H5532 CONGRESSIONAL RECORD — HOUSE July 15, 1998 parental notification do not make a an abortion out of State without pa- with the words, ‘‘No parental consent difference, because they cannot break rental consent; now no one can take required.’’ It makes it very clear that that bond. The bond that a parent es- me over without going to jail. There- these young women are being ex- tablishes with a child is not going to be fore, what I will do is change my sexual ploited. broken one way or another by these behavior or I will suddenly create a dis- This violation of the parents’ rights laws. cussion with my parents. That will not to make medical and moral decisions But I think I also know, and I think happen. for the children has gone on for too I know some of this from my days as a What will happen with this kind of long. Parents have a right to know social worker working with children law is most people will not know they what is happening to their children, who were abused and neglected and are violating it, and most people will and this bill that we are discussing otherwise had very agonizing and very not get it enforced, but some people today will strengthen those rights and difficult lives, for those parents who will end up in jail as a result of it, in- protect young women from those who simply will not talk with their chil- advertently. But mostly what will re- would seek to capitalize on this kind of dren, these kinds of laws cannot make sult will be kids alone in strange cities vulnerability. that bond. It would be nice if we could in other States forced to travel by I am proud to stand here today in pass this law and suddenly that would themselves, safely or unsafely, hitch- favor of the Child Custody Protection engender discussions between parents hiking, being driven by another minor, Act. I urge my colleagues to support and children, but that will not be the alone and not with someone who cares this bill that will protect the parents’ result. about them, not a relative, a grand- right to know. When we try to legislate in this area, mother, an aunt who would care for Mr. SCOTT. Mr. Speaker, I yield 3 we quickly discover that we are in an them. They will be there alone, they minutes to the gentleman from Illinois area where we do not belong. One can- will be there unsafe; they will have (Mr. DAVIS). not build a relationship with three their abortions later, because they will Mr. DAVIS of Illinois. Mr. Speaker, pieces of paper. This is the legislation delay the decision, and we will have ac- first of all, I want to thank the gen- we are discussing today, three slim complished nothing. tleman from Virginia (Mr. SCOTT) for pieces of paper, and these three slim How much better would it be if we yielding me this time. pieces of paper, even if signed by the could be on this floor of this House of Mr. Speaker, I rise today in opposi- President, and they will not be, they Representatives today actually struc- tion to H.R. 3682, the Child Custody are not going to build a relationship turing ways to prevent these teenagers Protection Act, although perhaps a between a mother and a daughter or from becoming pregnant, to prevent more fitting title for this legislation between a father and a daughter. They these teenagers from making the kinds would be, the Teen Endangerment Act. are not going to change the behavior; of wrong decisions that they make that I will tell my colleagues why. the behavior will remain the same. lead to the sexual behavior, that lead This bill threatens to isolate a young When we try to legislate in this area, to the inadvertent pregnancies. woman from friends, extended family, I hope my colleagues will see the wis- we recognize how foolish it is. and other advisors who may help her to Let me just cite some examples of dom of voting against this bill. Mr. CANADY of Florida. Mr. Speak- make a difficult decision. Regardless of the way this law does not make any er, I would inquire concerning the our political views, we can agree that sense and will not have any effect and amount of time remaining on both during trying times, every young will not be able to be enforced if a sides. woman should be surrounded by caring young lady comes to her aunt and says, The SPEAKER pro tempore. The gen- people who will provide comfort, sup- I think I might be pregnant, and I tleman from Florida (Mr. CANADY) has port, and advice. Ideally we all agree think I want to go to the neighboring 271⁄2 minutes; the gentleman from Vir- that parents should be directly in- State across the river. ginia (Mr. SCOTT) has 15 minutes. volved. However, we must understand I live in Pennsylvania; right across Mr. CANADY of Florida. Mr. Speak- that many young women are not fortu- the river I can see New Jersey. If a er, I yield 2 minutes to the gentleman nate enough to have one, let alone two, young girl in my community went to from Alabama (Mr. ADERHOLT). concerned parents. her aunt and said, I cannot talk to Mr. ADERHOLT. Mr. Speaker, I b 1515 Mom and Dad about this, or I do not would like to commend the gentle- have a mom, and my dad will not talk woman from Florida (Ms. ROS- Yet, this bill would effectively tell to me about any of this, will you go LEHTINEN) for working to protect chil- these young women that honorable with me? And the aunt says, honey, I dren as well as the rights of the par- men and women who may not be fam- will be with you; I will see you through ents. ily, but are as compassionate as fam- this decision. And the young lady, 17 As has just been mentioned a few mo- ily, cannot care for them. years old, goes to the neighboring ments ago by my colleague, children Now, supporters of this bill cite the State of New Jersey and discovers that cannot go to a trip to the museum need to protect young women from she is pregnant and decides then and without their parents’ consent. Chil- overreaching adults who may attempt there to have an abortion, and does so, dren cannot be given a minor pain re- to assist them, against their will, in legally, is the aunt that took her there liever like aspirin without their par- traveling into other States where there now to be jailed because she trans- ents’ consent. So the real question be- is no requirement of parental notifica- ported her across the State line? If she comes, why should a child be allowed tion or consent. drives her to the bridge in Frenchtown, to undergo a life-changing and dan- If this was the case, then I would be New Jersey, and says, meet me on the gerous medical procedure such as abor- in support of this legislation. However, other side, walk across the State line, tion without their parents’ knowledge a closer look at the facts show young and I will pick you up on the other and permission? women in this Nation are not under at- side, is she to be jailed for that, or has This act that we are discussing tack from such ruthless adults. In fact, she escaped these three thin pieces of today, the Child Custody Protection most young women involve one or both paper with which we are trying to Act, will seek to protect the rights of parents in decision-making, and in change this behavior? If the aunt buys parents to choose what is best for their those cases where a parent is not in- her a bus ticket in Pittsburgh and says, minor children. I know it has been volved, women turn to trusted rel- I cannot go with you, but here is the mentioned here today, but let me men- atives or family friends who often pro- bus ticket to New Jersey, will she be tion again that currently 22 States vide guidance to them during a very subject to these laws? I could go on and have parental notification laws, but difficult period in their lives. Yet, this on, but the fact of the matter is we what good will it do if a child can be bill would criminalize the actions of cannot fix this with three thin pieces taken across State lines by a total these compassionate people. of paper. stranger to the parents and receive an I am troubled, because if we are seri- I wish we could. I wish that if this abortion in a neighboring State. ous about teaching young women to law went into effect, teenagers in The fact is that some abortion clinics make rational decisions, then why is America would say, hum, I cannot get actually advertise in the phone books, this Congress proposing a measure that July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5533 does little more than complicate an al- that would have been required had the which is usually only available from a ready delicate situation? abortion been performed in the minor’s parent, the risk greatly increases. It is our job, Mr. Speaker, as I see it, State of residence. Moreover, minor girls who do not in- to ensure that there is no element of The Child Custody Protection Act volve their parents often do not return coercion in this very serious decision. gives the parents of the minor girl a for follow-up treatment, which can lead That is why I urge my colleagues to civil cause of action if they suffer legal to dangerous complications. support the motion to recommit, which harm from a violation of the bill. The In the subcommittee’s hearing on would punish those people who would bill also, we should note, explicitly this bill, we heard from one mother coerce those people to travel across provides that neither the minor herself whose daughter was secretly taken State lines, where there is no require- nor her parents may be prosecuted or away for an abortion and subsequently ment, and oppose H.R. 3682, the Child sued in connection with a violation of suffered serious complications from the Custody Protection Act, which in actu- the Act. The bill also contains an ex- botched procedure. Her daughter re- ality, instead of actually helping, does ception for the life of the mother. quired additional surgery after the in reality hurt and harm our children. In addition, the bill provides an af- abortion, additional surgery which Mr. CANADY of Florida. Mr. Speak- firmative defense to prosecution or could only be performed with her er, I yield myself such time as I may civil action where the defendant rea- mother’s consent. consume. sonably believed, based on information What an irony. What an irony in- Mr. Speaker, as I have been listening obtained directly from the girl’s par- volved in that case. Of course, it was a to the debate here today, I have been ents or other compelling facts, that the terrible tragedy for that family, all of struck by some of the rhetoric that has requirements of the girl’s State of resi- the circumstances, but the irony there been used. Quite frankly, I have been dence regarding parental involvement is that an abortion can be obtained disappointed by some of the arguments or judicial authorization have been sat- without parental involvement, but if I have heard. I think it is important for isfied. Again, there is a defense here for the abortion produces complications, the Members to focus on this bill and someone who makes an honest mistake parental consent is required for the exactly what it does. based on compelling facts. necessary medical care. This is a very straightforward bill. It But the argument that is being ad- As Dr. Bruce Lucero, a prominent is a bill that is designed to deal with a vanced by the opponents of this bill is, abortionist and abortion rights advo- serious problem. As anyone who has essentially, we should have had an cate, wrote last Sunday on the New listened to the debate will know, that amendment in the bill that provides York Times op ed page, I would ask the is the problem of minor girls being that ignorance of the law is an excuse, Members of the House to look at this. transported across State lines for the that ignorance of the law would be an I know there are Members who would purpose of obtaining an abortion in de- excuse. I do not accept that. We do not disagree with the views of those of us fiance of parental notification and con- have those kinds of provisions in the who support this bill on the general sent laws. criminal law. In the criminal law of subject of abortion, but I would appeal Lest anyone think this is not really a this country, ignorance of the law is to all Members to read this piece that serious problem, I would quote Cath- not an excuse. I do not believe that, in appeared in the New York Times. It is erine Colbert, who in 1995, as an attor- this context, we should make a special under the heading ‘‘Parental Guidance ney with the pro-abortion Center for exemption and provide that ignorance Needed.’’ The gentlewoman from Flor- Reproductive Law and Policy, stated of the law is an excuse. ida (Ms. ROS-LEHTINEN) and I cir- ‘‘There are thousands of minors who It is also important to understand culated this as a Dear Colleague. It is cross State lines for an abortion every that the provisions of the Child Cus- very instructive. year.’’ ‘‘There are thousands who cross tody Protection Act are operative only State lines for an abortion every year.’’ when the State where the minor re- As Dr. Lucero wrote, teenaged girls So this is a practice that is going on sides has adopted a valid constitutional who have an abortion without consult- on a widespread basis. Despite the fact parental involvement law under the ing their parents face greater risk to that over 20 States have parental con- standards articulated by the Supreme their health than those who consult sent or notification laws, vulnerable Court. That is absolutely critical here. with their parents. It is the parents teenage girls are still being taken from They argue that it is not constitu- who have the fullest access to relevant their families to out-of-State abortion tional. That is absolutely incorrect, be- information concerning the girl’s clinics, in disregard of the legal protec- cause the predicate for the operation of health, and it is the parents who are in tions the States have provided. this statute is a valid constitutional the best position to see that any com- Today this House has an opportunity State law. That is what we are talking plications are promptly and effectively to curb this abuse and to protect the about. treated. health and well-being of minor girls. What the opponents of this bill are While I do not agree, by any means, The bill before the House today would essentially driven to argue is that with Dr. Lucero’s views on the general amend title 18 of the U.S. Code by there is a constitutional right to trav- subject of abortion, I believe that his criminalizing the knowing transpor- el, to go across State lines, that minors support as a prominent abortionist and tation across the State line of a minor have to avoid the supervision of their a prominent advocate of abortion girl with the intent that she obtain an parents. rights is somewhat noteworthy. I abortion, in abridgement of a parent’s I think if Members think about that would encourage my colleagues to pay rights of involvement under the law of for a minute and think about the con- a little attention to this. All of the the State where the child resides. sequences of that argument, they will Members of this House, whatever their I would ask the Members to focus on see that it is ridiculous and it is unac- position on abortion, they should pay this specifically. This requires knowing ceptable, and would lead to all sorts of attention to Dr. Lucero’s conclusion transportation across the State line results that we would not want to see. that passage of this legislation is, and with the intent that an abortion be ob- Members will also hear arguments I quote him, ‘‘important . . . to the tained. Some of the examples, some of today that this bill will endanger the health of teen-age girls.’’ this parade of horribles we have had, lives of young girls. This is a major The opponents of parental involve- clearly would not take place under this thrust of the opposition to this bill. ment laws and of this bill argue that explicit language which requires the But quite the opposite is true. It is the bill needs a health exception. It knowing transportation with the in- when young girls are secretly taken for does not. The bill specifically provides tent that the minor obtain an abortion. an abortion without their parents’ that it would not apply if the abortion Under the bill, a violation of a paren- knowledge that they face serious risks was necessary to save the life of the tal right occurs when an abortion is to their health and well-being. minor. If the concern is about the performed on a minor in a State other An abortion is a serious and often health risk of a non-life-threatening than the minor’s State of residence and dangerous medical procedure. When it nature, then the best course of action without the parental consent or notifi- is performed on a girl without full is involvement of the parents, for the cation, or the judicial authorization knowledge of her medical history, very reasons I have just discussed, and H5534 CONGRESSIONAL RECORD — HOUSE July 15, 1998 for the reasons that Dr. Lucero dis- geting ads and soliciting and extorting Mr. CANADY of Florida. I do not sup- cusses. He has a lot of experience in children, this time by the tobacco in- port the gun laws of New York. I think this particular area. dustry, yet that same kind of outrage a lot of New Yorkers are moving to If there is some compelling reason is not directed at the abortion indus- Florida so maybe that has something why the girl cannot tell her parents, try. to do with the better legal climate in then she always has the ability to seek I am talking about certain ads that I Florida. an expeditious judicial review, which agree with, this one put out by certain Mrs. LOWEY. Then the question con- all valid State parental involvement anticancer groups, that says, ‘‘It is cerning preserving State laws is not laws are required to permit. It must be time to keep tobacco companies from really one of the valid arguments. expeditious. That is one of the fun- addicting any more of our children to The second question I have is, the damental requirements that has been their deadly product. Our Nation needs gentleman was talking about a judicial set forth by the Supreme Court. a tough bill that stops the lies, stops bypass. Does the gentleman actually Finally, Mr. Speaker, we have heard the killing, and stops big tobacco admit to this group that a grand- arguments that the parents are not now.’’ mother, a loving aunt, a loving cousin, really the people who should have the So they are against targeting ads a sibling could be subject to penalty if right to be involved when a minor girl that entice young people to smoke, and they help this woman? is considering an abortion, but that the I am against that, too. I am against I would like to ask the gentleman grandparents, the aunts and uncles, having young people smoke and en- from Florida, could he clarify for me cousins, siblings, teachers, and pastors couraging and enticing them to smoke. whether a loving grandmother, an aunt should have the right to take the child But apparently these legislators who or a sibling would be subject to penalty for an abortion. are so incensed over big tobacco ads if this young woman in her hour of But the Supreme Court of the United targeting young people are not equally need wants to go to a loving family States has not recognized the rights of incensed at the abortion industry that member, if, in fact, because the parent teachers and pastors or cousins or sib- targets young people. might be a drug addict or might be lings or other family members to be in- Why are they not incensed that this abusive or might have abused her, if volved in a minor’s decision to have an ad says ‘‘No parental consent re- that young woman decided she could abortion. The Supreme Court has, how- quired?’’ Who is that targeted to, if not not go to the parent, would that rel- ever, recognized the rights of parents, a minor daughter? Where else would ative, dear friend or family be subject as reflected in State parental involve- they need a parental consent, if they to these penalties? ment laws. are not a minor daughter? Obviously Mr. CANADY of Florida. Mr. Speak- At bottom, the arguments that are that is an ad that targets young people. er, if the gentlewoman will continue to being advanced against this bill are So we are against big tobacco. We yield, under the laws of all the States, really objections to the underlying say,’’Congress Must Choose: Big To- those individuals that the gentle- State parental notice and consent laws, bacco or Kids,’’ because we love kids. woman has specified would be enabled and objections to the Supreme Court These cigarette companies should not to go with the young woman to a judge rulings on this subject. Those who dis- be targeting our children. I agree. for the judicial bypass. That is avail- agree with parental notice and consent able under all the laws as required by b 1530 laws ought to take that matter up with the Supreme Court. the State legislatures and with the Su- They are not against these ads that Mr. SCOTT. Madam Speaker, I yield preme Court. That is where their real say no parental consent? Who are they 3 minutes to the gentleman from Maine objection lies. targeting? Who are these abortion (Mr. ALLEN). H.R. 3682 is not a Federal parental mills targeting if not young people? Mr. ALLEN. Madam Speaker, I rise consent law. It is simply a law which I thank the gentleman for yielding to in opposition to this sadly misnamed protects State laws. As we have al- me. I would love to hear the outrage Child Custody Protection Act. This bill ready heard, across the country a child from all of those Members who are so does not encourage young women to cannot even be given an aspirin at outraged about big tobacco, I am as ask a trusted adult for much-needed as- school without her parents’ permission, well, why do they not get equally out- sistance. Instead this bill will cause yet strangers can take children across raged about abortion mills targeting some young women to face decisions State lines for abortion, in circumven- young girls and exploiting them in about their pregnancy alone. tion of protective parental involve- their hour of need? Parental involvement in a minor’s ment statutes. The Child Custody Pro- I thank the gentleman for yielding to decision about her pregnancy is the tection Act will simply ensure the ef- me. ideal. And for 75 percent of teens in fectiveness of these State laws. Mr. CANADY of Florida. Mr. Speak- this country, it is also the reality. But While the abortion industry believes er, I reserve the balance of my time. some teenagers, for various reasons, anyone, anyone should have the right Mr. SCOTT. Mr. Speaker, I yield 1 simply cannot or will not confide in a to take a minor girl across State lines minute and 30 seconds to the gentle- parent. This bill will make criminals of for a secret abortion, the American woman from New York (Mrs. LOWEY). some grandmothers, aunts or other rel- public disagrees by an overwhelming Mrs. LOWEY. Mr. Speaker, I would atives that help pregnant teenagers ex- margin; indeed, a margin of nearly 9 to just like to ask the gentleman from ercise their legal rights. 1. Florida two questions. Firstly, he was This bill would endanger the health According to a national poll con- talking about protecting State laws. I and lives of young women who for a va- ducted last week, 85 percent of voters wanted to question the gentleman and riety of reasons, including fear of asked said that a person should not be wondered if he would protect New York abuse, are unable to involve a parent in able to take a minor girl across State State’s gun laws as well. For example, their decisionmaking. We have heard lines for an abortion without her par- Florida has no gun laws. Could we work several times comments over here ents’ knowledge. I would urge my col- together to make sure that the gun about how what you do need parental leagues to pay attention to what the laws in New York are enforced if a per- consent for, but you do not need paren- American people are saying on this son goes to Florida? That is the first tal consent to give birth. You do not subject. I would urge them to vote in question. need parental consent to give a child favor of the bill. Mr. Speaker. Mr. Speaker, will the up for adoption. This bill is about poli- Ms. ROS-LEHTINEN. Mr. Speaker, gentlewoman yield? tics, not sound legislation. Four will the gentleman yield? Mrs. LOWEY. I yield to the gen- months away from an election, this bill Mr. CANADY of Florida. I yield to tleman from Florida. is designed to strike contrasts between the gentlewoman from Florida. Mr. CANADY of Florida. The answer two sides rather than to enact good Ms. ROS-LEHTINEN. Mr. Speaker, I to that question is no. I do not support legislation. just wanted to point out some of the the gun laws. What we should be talking about doublespeak that has been going Mrs. LOWEY. So you are not inter- today, following the suggestion of a around in our Chamber relating to tar- ested in protecting State laws. Republican Member, the gentleman July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5535 from Pennsylvania (Mr. GREENWOOD), is somebody say a kind word for the little not turn to. So runaway, do it on your how to involve adults in the decision- baby. Why is it helping, why is it help- own. making process. We should look at ing a young girl to go behind the backs Instead of encouraging girls to turn policies that work, like the Adult In- of her parents, take her across the to an adult, and I was impressed with volvement Law that exists in my home State line to kill her unborn child? what the gentleman from Maine has State of Maine. Now, grandma, who we are assuming just said, it encourages girls to run The Adult Involvement Law recog- is far superior to the mother in any away from adults. Who are we talking nizes that parental involvement and given situation, grandmother is always about? After all, 75 percent of minors guidance is ideal for young women fac- available but not necessarily to help involve themselves with at least one ing decisions regarding a pregnancy. her kill the child. Maybe to help her parent. Who is it in America who does However, when parental involvement is have the child. Maybe to help her get not? not possible, teens should not be alone. the child adopted. Maybe to counsel I have to tell my colleagues that the Maine’s Adult Involvement Law allows her. Maybe grandmother can talk to sponsors of this bill must have an Ossie young women to turn to a trusted mother and break the news that the and Harriet view of the family, but the adult for advice and counsel. The daughter is so afraid to do. fact is, if you saw the resent Ossie and young woman considering an abortion Grandmothers are not blocked out of Harriet documentary, even that one is may turn to a parent or another family this, nor grandfathers, nor a loving gone. So that there are huge numbers member, such as an aunt or grand- anybody. But taking the child across of families that would be hurt by this. mother or a judge or a counselor. the State line to frustrate the law, to But they are disproportionately chil- A counselor may include a physician, deny the parent the right to some say- dren of color, that is, inner city girls, psychiatrist, psychologist, social work- so in this critical, crucial, life-threat- those who come from where there are er, clergy member, physician assistant, ening situation, that is what you are no families, where there are no fathers, nurse practitioner, guidance counselor, opting for. where there may well be not any moth- registered nurse or licensed practical If abortion is a good thing, then you ers. That is who you are hurting. You nurse. The counselor must discuss with are right. But if abortion is killing an are hurting the people that I represent. the young woman all of her options, in- innocent human life, give some little You are hurting the people that the cluding adoption, parenting and abor- passing concern for that little baby. Black Caucus represents. You are hurt- tion. Mr. SCOTT. Madam Speaker, I yield ing the people that Hispanic Caucus In Maine, all minors seeking an abor- 4 minutes to the gentlewoman from the represents. You are hurting those who tion must receive counseling, even if District of Columbia (Ms. NORTON). are most likely to be without parents, that young woman has the consent of Ms. NORTON. Madam Speaker, I and I resent it. You ought to define another adult. This provides the maxi- thank the gentleman for yielding me family the way the family has always mum guidance and support for the the time. been defined in America, and that is as young woman. That is the kind of law I want to make two points. One has an extended family. we ought to be considering here today. to do with the real purpose of this bill. The family is not simply a two-par- This Child Custody Protection Act is The second has to do with who it is ent family. A family is not a one-par- designed to restrict a young woman’s really aimed at, whether intentionally access to abortion, not to ensure the ent family. In my community, a parent or unintentionally, because the result involvement of an adult in her deci- may be mentors. It may be your cous- is the same. The real purpose of this sionmaking process, because in many in. Do not hurt those who have already bill is clear. It is yet another attempt cases she simply cannot or will not go been hurt by the disintegration of fam- to sacrifice women and girls, to drive to a parent if there is a parent in the ilies, by the break-up of families. Do back the right to choose by any means picture. not make it any harder for children I urge my colleagues to oppose the necessary, whatever the consequences. who have no place else to turn. so-called Child Custody Protection Act. America ought to be on notice, these Defeat this bill. Save the most vul- Mr. CANADY of Florida. Madam folks have lost, because the people nerable of our children. Speaker, I yield such time as he may have spoken on the right to choose, the Mr. CANADY of Florida. Madam consume to the gentleman from Illi- people and the courts have spoken on Speaker, I yield 3 minutes to the gen- nois (Mr. HYDE) chairman of the Com- the right to choose. So they have lost tlewoman from Washington (Mrs. mittee on the Judiciary. on that question. They have adopted LINDA SMITH). Mr. HYDE. Madam Speaker, I have another strategy. They are trying to do Mrs. LINDA SMITH of Washington. already spoken and redundancy is not incrementally to the right to choose Madam Speaker, the real purpose of the happiest thought. But I just wanted what they have been unable to do this bill is to protect children, born to say something. through frontal attacks on the right to and unborn. Children of all races de- I have listened very carefully to this choose. What is particularly serious, as serve to be protected, not preyed upon. serious debate, and I have not heard far as this Member is concerned, is who And by the way, we know that most ba- one word about the little baby. That, I this bill is really aimed at. bies of teenagers are fathered by adult guess, just is kind of a given because This bill chooses to go at the most men who, yes, go into these areas, prey we have a million and a half abortions vulnerable girls in this society. They upon them and then the best they can every year since Roe versus Wade. That are disproportionately girls of color. I do is just pay for the abortion. They is about 35 million so far. We are so resent the fact that this bill goes after should not be treated any different used to it, we are so desensitized that those who are most likely to come than any other little girl in our Na- abortion is a good thing. I think abor- from broken families, most likely to be tion. tion is an evil thing because it kills a abused children, and I stand here to To allow this to go on, to allow them human life, an innocent human life. speak for them. The most vulnerable to go into these areas and prey on Why is it helping a young girl by as- people in the country are girls who find these little girls of any color is just sisting her to kill her unborn child and themselves pregnant and alone with wrong. So we would certainly agree saddle her for the rest of her life with not even a parent they can turn to. that they should all be protected equal- wondering what her first little baby A third of them would find them- ly, but we would not agree on the way might have looked like? Yes, it is trag- selves involved in violence, according to get there. ic to have an unwanted pregnancy. Yes, to the data, if they turned to a parent. I am hearing today that families are there are parents who are awful, who So this bill really ought to be called excluded if it is a grandma or an aunt are less than human, and you do not the Runaways Encouragement Bill, be- or an uncle or someone else in the fam- want to saddle a little girl who is in cause the children who are most likely ily. There is nothing further from the real trouble with that kind of a situa- to be hurt by it are those who have no truth. The reality is that every court, tion. That is why you have a judicial adult to turn to. And to the extent every State that has parental provi- bypass. they have one, you have taken away sions constitutionally have to have a The judges are going to be very sym- that right because even a sibling or bypass, because the Constitution has pathetic to that situation. But my God, grandparent or close friend they can- been determined to allow abortion. H5536 CONGRESSIONAL RECORD — HOUSE July 15, 1998 b 1545 their hour of crisis. Maybe they have the issue of our tax dollars going to Therefore, there has to be a simple, an aunt. Maybe they have a sibling fund contraception. So it is an issue of nonobstructive way of getting an abor- that they can confide in. Yet in this where the money is spent and where tion quickly outside of the parental in- bill we are going to say to that young the authority goes. volvement. So every State has a proce- woman in her moment of greatest need, This issue really is about children, dure. when she has to make a very, very dif- though, and parental consent and the In fact, the average judicial bypass ficult decision, ‘‘Don’t go to your parents having some say. If a child is hearing lasts about 12 minutes. More grandmother. Don’t go to your aunt. not going to tell his or her parent than 92 percent of the hearings were Don’t go to your dear friend.’’ And we about a possible abortion that they less than 20 minutes. And the girl can- are saying, ‘‘It’s okay to go to a want to seek, they are not going to not, cannot under the State law, be put judge.’’ And in 12 minutes that judge is seek the parents’ help when it comes to under an adversarial situation; or that going to make this decision. Twelve medical problems they are experienc- is stopping her from having her rights. minutes. ing from the complications of an abor- And it overturns that law. Let me tell my colleagues something. tion. So this bill is for parents and this So what we have is the ability for a First of all, there are five States that bill is for children, and this bill, yes, young girl who is pregnant to stay in do not even have a judicial bypass. this bill is for the unborn child as well. the State, not to be moved to another Five States that do not have a judicial Parents should be involved. That is State, away from family, away from bypass. And some judges have never all we are saying. Pass this bill, H.R. parent. But in that State, she can go granted this authority. We have facts. 3682. with an aunt, that grandma, that This is a fact. Mr. SCOTT. Madam Speaker, I yield neighbor, that clergy, and there has to Mr. CANADY of Florida. Madam such time as he may consume to the be a brief, quick process. Speaker, will the gentlewoman yield? gentleman from California (Mr. MIL- I think it is important that we take Mrs. LOWEY. I yield to the gen- LER). a look at reality in these States. In the tleman from Florida. (Mr. MILLER of California asked and States that have it, in Massachusetts, Mr. CANADY of Florida. The gentle- was given permission to revise and ex- we will find that every minor that woman is certainly aware that the Su- tend his remarks.) sought judicial authorization received preme Court has required judicial by- Mr. MILLER of California. Madam it. Every single one. Another Massa- pass. And if a judicial bypass procedure Speaker, I rise in opposition to this chusetts study found that only one of is not available, the State law is in- bill. 477 girls was refused or was even slowed valid and unenforceable. Mr. SCOTT. Madam Speaker, I yield down. Mrs. LOWEY. Reclaiming my time, myself the balance of my time, and So what we have is everybody is get- Madam Speaker. The real problem here just want to say that I want to encour- ting the bypass. But what it does is it is that a young woman who is in need age my colleagues to read the bill. makes this little girl that is afraid to of assistance is going to have the per- Reference has been made to ads tar- go talk to mom or dad, where she has son with whom she wants to confide geted at minors. There is nothing in a pretty good family, and who wants to subject to a penalty; thrown into jail. this bill that prohibits a minor from tell mom or dad something is wrong, This just does not make sense at all. responding to the ad. The only problem take a breath and go, well, maybe they I urge my colleagues to join with me is they have to go alone, without being are not that bad after all. in preventing unwanted pregnancies. accompanied by someone else. It is We need to slow this down. Because Let us work and reach out to our only an offense under this bill if some- it is awfully easy for that adult man to young people, encourage abstinence, one transports the minor. Some crimi- prey on that little girl, to take that encourage responsibility, but in their nal, including a brother or a sister. A little girl across State lines, or the par- time of greatest need, let us not throw criminal, like an aunt or an uncle or a ent or the relative that is involved or them in jail. Let us not throw their rel- grandparent. It is not limited to knows about this to want to cover it ative in jail. strangers or adult men. It includes up. But we should not cover it up. We In fact, at 6 o’clock today I challenge brothers and sisters and close relatives. should help these girls and keep it in my colleagues to join us and vote There is nothing in this bill that re- the light of day and make sure that against a rule that prohibits coverage quires parental involvement or even they have their rights, as children, pro- of contraceptives. One of the gentle- ensures parental involvement. The tected. men who spoke earlier today voted minor can cross State lines alone. That Mr. SCOTT. Madam Speaker, may I against coverage of contraception. He is why the bill is not effective. That is inquire as to the amount of time re- is against abortion, he is against con- why we should have been able to have maining? The SPEAKER pro tempore (Mrs. traception. This is 1998. Let us work to- amendments, and I would hope that we gether to reduce unintended preg- would defeat the bill. EMERSON). The gentleman from Vir- nancies, prevent unwanted, unwanted Mr. CANADY of Florida. Madam ginia (Mr. SCOTT) has 4 minutes re- maining and the gentleman from Flor- and unloved pregnancies, and let us Speaker, I yield myself the balance of move on and work together. my time. ida (Mr. CANADY) has 61⁄2 minutes re- maining. This bill does not make sense at all. This has been an interesting debate. Mr. SCOTT. Madam Speaker, I yield Let us not throw granny in jail, let us We have heard many things. Most of 3 minutes to the gentlewoman from not throw the aunts, the relatives in the things we have heard we have New York (Mrs. LOWEY). jail, let us defeat this bill. heard over and over again. I will not Mrs. LOWEY. My colleagues, we have Mr. CANADY of Florida. Madam take all of the time I have allotted re- heard a lot today about love, parental Speaker, I yield 1 minute to the gen- maining. I just want to make again responsibility, family values. Oh, I tleman from Nebraska (Mr. some very basic points about this bill. wish we could legislate those values CHRISTENSEN). To those who say that this is an un- here in this Congress but, unfortu- Mr. CHRISTENSEN. Madam Speaker, constitutional measure, I point out nately, we cannot. I thank my colleague for his leadership that the predicate for the operation of As a mother of three, as a grand- on this issue, and over the past several this bill is the existence of valid con- mother of two, as many of my col- years how he has led on this issue. stitutional State laws, laws that have leagues said, we hope and pray that our I would like to identify myself with been adopted by State legislatures and children will confide in us, speak to us my colleague from Illinois when he which meet the requirements that have when serious challenges face them in talked about it is really about the been outlined by the United States Su- their lives. Not every family is Ozzie child that we do not hear anything preme Court with respect to parental and Harriet. There are many young about from the other side. consent and parental notice laws. people who do not feel that they have I know my colleague from New York Now, there are a little more than 20 parents they can confide in. is a grandmother, I know she cares States that have such laws on the Maybe they are lucky. Maybe they about children. We just disagree on the books that are valid and enforceable. have a grandmother they can talk to in approach here. A lot of us disagree on And all we are saying in this bill is July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5537 that where we have such valid con- ida (Ms. ILEANA ROS-LEHTINEN), for fil- pregnant. A victim of family violence or incest stitutional laws, this Congress has a ing this important legislation. I am is often not in a position to share her preg- role to play in making sure that people deeply grateful for her outstanding nancy with her parents for fear of further do not use the interstate transpor- leadership in bringing this legislation abuse. This bill, although laudable for its inten- tation of a minor as a way of cir- forward. This is important for the fam- tion to encourage communication between cumventing those valid constitutional ilies of America and it is important for parents and children, does not provide alter- State laws. the young people of our country. natives for a young woman who is unable, for It is very simple. This is not a com- Mrs. MALONEY of New York. Mr. Speaker, fear of physical or emotional abuse, to involve plicated concept. It is something that I I rise in strong opposition to this bill. her parents in her decision. believe all Members, if they give it I'd like to put this vote in perspective. This In addition, the bill would criminalize the ac- even the slightest attention, would un- is the 87th vote on choice since the beginning tions of close family members who might seek derstand very easily. of the 104th Congress. to assist a young woman who is struggling It is also important to understand This Congress has acted again and again to with this monumental decision. For troubled that first and foremost this bill is eliminate abortion procedure by procedure, re- American households, grandparents, es- about protecting the health of young striction by restriction, and unfortunately, they tranged parents, aunts, uncles, or siblings girls. Now, there is an additional con- are succeeding. often serve in the parental role. The bill unfor- cern here about protecting the integ- Today we are debating a bill to criminalize tunately does not make provisions for such cir- rity of the family and the role of the the act taking a minor across state lines for an cumstances. In fact, it may put these young parents in counseling a young girl abortion without parental consent, if the state women in a more dangerous situation should when there is consideration of an abor- in which the person resides requires it. they feel compelled to turn to illicit providers of tion. That is important for a number of As a mother of two daughters, I know that abortion services or travel alone. reasons, but it is preeminently impor- this is not a simple issue. Of course, I would Mr. Speaker, I agree with the need for more tant because there are threats to the hope that my children would include me when parental involvement in their children's lives, health of the young girl if such coun- making such an important decision. but for these reasons, I must vote no on HR seling is not available. Unfortunately, parental notification require- 3682. Again to my colleagues, I would ap- ments lead many teensÐespecially those from Mr. PAPPAS. Mr. Speaker, the Child Cus- peal to them, regardless of what their from severely dysfunctional families not to tody Protection Act protects not only the lives position may be on the subject of abor- seek a safe abortion at all. of born and unborn children, but protects the tion in general, to consider the conclu- I would hope that any young woman who rights of parents from those who wish to un- sion reached by Dr. Bruce Lucero, a refuses to involve her parents would have an- dermine them. prominent abortionist, a prominent other trusted adult from which to seek guid- I find it troubling that some in this body do abortion rights advocate, who said that ance and support. However, this bill will make not believe it is dangerous to allow a person, the passage of this bill, and I quote, ‘‘Is criminals of those loving grandparents, sib- who knows nothing about a young girl's health important to the health of teenage lings, counselors and friends who have noth- history and who may not even know her, to girls.’’ ing but the safety and well-being of the young take her to get an abortion. Risking permanent And in the article which Dr. Lucero woman in mind. It sends the message to damage to a child's health, solely to keep her wrote, he outlines the reasons for this, young women that the abortion process is pregnancy a secret from her parents, suits no and it boils down to this. The parents something they must go through alone. purpose whatsoever. are in the best position to have infor- H.R. 3682 is a dangerous bill. It will suc- In a recent poll, 85 percent of Americans mation about the health of the young ceed only in making it more difficult for young said that they do not believe that a person girl; the parents are in the best posi- women to gain safe, legal abortions. If she re- should take a minor girl across a state line to tion to make certain that if there are fuses to involve her family and the law pro- have an abortion without her parents' knowl- complications, there is appropriate and hibits her from looking to another responsible edge. Many of these people call themselves expeditious treatment of the young adult for help she may be forced to travel ``pro-choice.'' Even a physician who performed girl. It is the parents who stand in the alone to a clinic, adding delays which increase abortions wrote in a recent New York Times position to help ensure that the health the risk to her health, or worse, resort to ``back op-ed that he supports this legislation, mainly of the girl is protected. alley'' or even self-induced abortion. because of his concern for the health and life Now, we have heard that there are H.R. 3682 is also an unnecessary bill. For of the minor during and after this procedure. difficult circumstances where a girl those who worry about young women being Mr. Speaker, getting a young woman to the may not be able to go to her parents. forced or coerced by an adult into having an abortion doctor does not end the situation. The judicial bypass procedure is avail- abortion against their will, let me remind them This is not a haircut. Rather, this is a poten- able in any of these laws that are valid that we already have laws, such as informed tially dangerous medical procedure whose ef- and enforceable. Some examples have consent laws or prohibitions against kidnaping fects, both physical and emotional, will con- been raised of laws that are not valid and statutory rape, which protect against this. tinue to be with the young woman once she or enforceable and that do not have a This bill doesn't protect young women from returns to her home. A stranger will not be judicial bypass. That is a red herring, undue influence. On the contrary, it strips there. Parents will be. and I believe that people raising that them of essential support. I ask my colleagues to protect our young understand that that is a red herring. This bill is not about protecting our young women from those who wish to break the law. Any law, the enforcement of which women. It is driven solely by the divisive na- A vote in favor of the Child Custody Protection would be aided by the bill that is under ture of abortion politics. I urge you to oppose Act is a vote in favor of preserving the law and consideration today, must have a judi- H.R. 3682 and in doing so put the safety and protecting the rights of our nation's parents. cial bypass procedure. That is some- well-being of America's young women before Mr. GILMAN. Mr. Speaker, I rise today in thing the Supreme Court has ruled un- the political agenda of anti-choice legislatures. opposition to H.R. 3682. the Child Custody equivocally. Mr. BLUMENAUER. Mr. Speaker, I rise in Protection Act which would make it a Federal I think Members should reject this opposition to HR 3682. There is nothing more offense for anyone other than that minor's par- notion that minors have a constitu- important in parent-child relationships than for ents to transport that minor to another State tional right to go across State lines to parents to be involved in the healthcare deci- so that she may obtain an abortion. evade the supervision of their parents. sions of their children. This basic parental right This legislation would prohibit anyone in- That is certainly a novel argument, and responsibility is perhaps most critical in cluding grandparents, step-parents, religious and that is an argument I do not be- the case of pregnancies of young woman. In counselors and any other family members, lieve we would want to accept. most American homes, no one cares more from accompanying a woman across State So I ask the Members to carefully about the welfare, health and safety of a child lines to obtain an abortion. Parental involve- consider all the factors surrounding than her parents. Although a young woman ment is ideal and currently, some 75 percent this bill, and I think if they do that, may be frightened or feel ashamed to share of minors under age 16 already seek the ad- and they are truly concerned about the with her parents, parents are usually best able vice and help of a parent when faced with an health of young girls, they will vote in to provide support for these most personal de- unintended pregnancy and the prospect of ob- favor of this bill. cisions. taining an abortion. These young ladies are I want to conclude by thanking my Unfortunately, not all young women are able fortunate enough to have loving and under- colleague, the gentlewoman from Flor- to confide in their parents should they become standing parents that they can talk to, but not H5538 CONGRESSIONAL RECORD — HOUSE July 15, 1998 all teenagers are that lucky. For those teen- The SPEAKER pro tempore. All time volvement in the minor’s abortion decision agers who feel that they cannot involve their has expired. Pursuant to House Resolu- as a person to whom notification, or from parents, they are left with no one else to turn tion 499, the previous question is or- whom consent, is required; dered on the bill, as amended. ‘‘(4) the term ‘minor’ means an individual to. No one to counsel them about alternatives who is not older than the maximum age re- to abortion, thus ensuring that they will go The question is on the engrossment quiring parental notification or consent, or through with an abortion. Should this bill pass, and third reading of the bill. proceedings in a State court, under the law young women would be forced to make this The bill was ordered to be engrossed requiring parental involvement in a minor’s difficult decision alone, for fear of putting a and read a third time, and was read the abortion decision; and family member or a trusted adult in danger of third time. ‘‘(5) the term ‘State’ includes the District of Columbia and any commonwealth, posses- committing a Federal crime. MOTION TO RECOMMIT OFFERED BY MR. SCOTT sion, or other territory of the United Supporters of this bill claim that this legisla- Mr. SCOTT. Madam Speaker, I offer a tion will strengthen the lines of communication States.’’. motion to recommit. (b) CLERICAL AMENDMENT.—The table of between young women and their parents, The SPEAKER pro tempore. Is the chapters for part I of title 18, United States when actually the opposite will result. Fearful gentleman opposed to the bill? Code, is amended by inserting after the item of putting a trusted family member at risk, who Mr. SCOTT. I am opposed, Madam relating to chapter 117 the following new knows what a young, frightened teenager Speaker. item: might do? Forced to make a decision on her ‘‘117A. Transportation of minors to The SPEAKER pro tempore. The avoid certain laws relating to own, she may make the journey across State Clerk will report the motion to recom- abortion ...... 2401’’. lines by herself, traveling by bus or even mit. Mr. CANADY of Florida (during the worse, hitchhiking. She may turn to an illegal The Clerk read as follows: reading). Madam Speaker, I ask unani- back alley abortion where she puts her young Mr. SCOTT moves to recommit the bill H.R. mous consent that the motion to re- life in unnecessary danger. 3682 to the Committee on the Judiciary with commit be considered as read and We owe it to these young women, to allow instructions to report the same back to the printed in the RECORD. them the chance to involve someone they House forthwith with the following amend- ment: The SPEAKER pro tempore. Is there trust in making this important decision. Most objection to the request of the gen- teenagers who do not involve a parent involve Strike all after the enacting clause and in- sert the following: tleman from Florida? an adult in the decision with some 15 percent There was no objection. talking with a step-parent, grandparent or sib- SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Pursu- ling. If any of these family members attempted This Act may be cited as the ‘‘Child Cus- ant to the rule, the gentleman from tody Protection Act’’. to help that teenager obtain an abortion, they Virginia (Mr. SCOTT) is recognized for 5 would pursuant to the bill before us, be com- SEC. 2. TRANSPORTATION OF MINORS TO AVOID CERTAIN LAWS RELATING TO ABOR- minutes in support of his motion. mitting a Federal offense. TION. b 1600 We need to teach our youth to practice ab- (a) IN GENERAL.—Title 18, United States stinence and to be responsible, thus making Code, is amended by inserting after chapter Mr. SCOTT. Madam Speaker, I yield abortion an unnecessary procedure. That 117 the following: to the gentlewoman from New York would be far better than passing legislation ‘‘CHAPTER 117A—TRANSPORTATION OF (Mrs. LOWEY). which holds concerned family members and MINORS TO AVOID CERTAIN LAWS RE- Mrs. LOWEY. Madam Speaker, we trusted adults criminally responsible for help- LATING TO ABORTION have heard a considerable amount of ing these young women make a very difficult ‘‘Sec. concern from our friends on the other decision. Accordingly, I urge my colleagues to ‘‘2401. Transportation of minors to avoid cer- side of the aisle about older predator vote against the Child Custody Protection Act. tain laws relating to abortion. males smuggling or forcing young Mr. PACKARD. Mr. Speaker, I would like to ‘‘§ 2401. Transportation of minors to avoid women across State lines for an abor- extend my strong support for H.R. 3682, the certain laws relating to abortion tion. We share that concern. States must do a better job of enforc- Child Custody Protection Act. As a father of ‘‘(a) OFFENSE.—Whoever uses force or the ing the statutory rape laws, and we seven and a grandfather to 34, the thought of threat of force to transport an individual who has not attained 18 years of age across must make it clear to older men that if a stranger taking one of my children or grand- they have sex with underage women, children to another state to receive an abortion a State line, with the intent that such indi- vidual obtain an abortion, and thereby they will be prosecuted to the fullest absolutely sickens me. knowingly abridges a State law requiring pa- extent the law allows. The Child Custody Protection Act would rental involvement in a minor’s abortion de- We must also ensure that women are make it a federal offense for someone who is cision, shall be fined under this title or im- not being forced or coerced to cross not the guardian, to knowingly transport a prisoned not more than 5 years, or both. State lines to obtain an abortion. We minor across state lines so she may receive ‘‘(b) DEFINITIONS.—For the purposes of this support the right to choose, and we an abortion. An abortion is a life altering and section— must guarantee that every woman can life threatening procedure and for a parent to ‘‘(1) a law requiring parental involvement in a minor’s abortion decision is a law— exercise that right free from harm, be kept in the dark is absurd. threats or intimidation. We should not allow state laws to be thwart- ‘‘(A) requiring, before an abortion is per- formed on a minor, either— Our motion to recommit will instruct ed without consequence. When a minor is ‘‘(i) the notification to, or consent of, a the Committee on the Judiciary to re- taken across state lines for the purpose of ob- parent of that minor; or port back a substitute that will make taining an abortion, the intent is specifically to ‘‘(ii) proceedings in a State court; and it illegal to force or coerce a woman avoid parental notification or consent laws. Pa- ‘‘(B) that does not provide as an alter- across State lines so that she can ob- rental notification laws ensure that a parent is native to the requirements described in sub- tain an abortion. The substitute also aware of the circumstances surrounding the paragraph (A) notification to or consent of strengthens the underlying bill’s crimi- pregnancy of a child to determine whether any person or entity who is not described in nal penalties by sentencing violators to they were abused, molested, or the victim of that subparagraph; ‘‘(2) an abridgement of the State law re- 5 years in jail. a crime. It is alarming to think that our children quiring parental involvement occurs if an This amendment gets at the heart of are required to receive parental consent to abortion is performed on the minor, in a what the underlying bill was trying to take aspirin at school, yet they can be taken State other than the State where the minor do, deter and punish those who inten- across state lines by someone who is not their resides, without the parental consent or no- tionally try to evade parental laws and guardian to have an abortion. tification, or the judicial authorization that force young women to have abortions Mr. Speaker, I urge my colleagues to vote would have been required by that law had without the proper consent or notifica- in favor of H.R. 3682, and vote in favor of pro- the abortion been performed in the State tion requirements having been met. tecting our daughters. A stranger should not where the minor resides; H.R. 3682, as currently written, is far be allowed to make critical decisions about the ‘‘(3) the term ‘parent’ means— too overbroad. As we have seen, it ‘‘(A) a parent or guardian; health and well being of our children. ‘‘(B) a legal custodian; or would have the effect of criminalizing Madam Speaker, I yield back the bal- ‘‘(C) a person standing in loco parentis who grandparents and close family relatives ance of my time, and I urge my col- has care and control of the minor, and with who are in many cases a young wom- leagues to vote ‘‘yes’’ on this legisla- whom the minor regularly resides who is des- an’s only family and only source of tion. ignated by the law requiring parental in- support in times of crisis. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5539 H.R. 3682, as currently written, would has offered the motion, but I have to Etheridge Lantos Rodriguez Evans Lee Rothman lead to back-alley abortions and in- submit that this is not a serious at- Farr Levin Rush crease family violence, particularly for tempt to deal with these issues. Fattah Lewis (GA) Sabo young women who have nowhere to As a matter of fact, if the type of Fazio Lofgren Sanchez turn and no one to help them at a criti- provision that is in this motion were to Filner Lowey Sanders Ford Luther Sandlin cal time in their lives. Surely, we want become the law of the land, Joyce Far- Frank (MA) Maloney (CT) Sawyer to strengthen family ties, not damage ley and her daughter would be in the Frost Maloney (NY) Schumer them. same position they have been in. Ms. Furse Markey Scott H.R. 3682 is a bad bill. It will put our Gejdenson Martinez Serrano Farley’s 12-year-old daughter was Gephardt Matsui Shays children at risk. It will throw our raped, and the rapist’s mother took the Gilman McCarthy (MO) Sherman grandmothers in jail. Let us really do child out of Pennsylvania, which has a Green McDermott Sisisky something about sexual predators by parental involvement law for an abor- Greenwood McGovern Skaggs Gutierrez McKinney Slaughter voting for the motion to recommit. tion. There was no evidence that the Harman Meehan Smith, Adam Mr. SCOTT. Madam Speaker, re- rapist’s mother used force or the threat Hastings (FL) Meek (FL) Spratt claiming my time, without this motion of force. She used persuasion with a Hefner Meeks (NY) Stabenow to recommit, the matter will be denied Hilliard Menendez Stark very troubled young lady. She took ad- Hinchey Millender- Stokes the assistance from a trusted friend or vantage of her. Her son had taken ad- Hinojosa McDonald Tauscher relative. vantage of her, and the mother of the Hooley Miller (CA) Thompson The bill in its present form, without offender took further advantage. Horn Minge Thurman Hoyer Mink Tierney the motion to recommit, does not re- H.R. 3682 would protect Ms. Farley Jackson (IL) Moran (VA) Torres quire parental consent because a minor and her daughter. The motion to re- Jackson-Lee Morella Towns could go alone. I would ask that we commit would do nothing for them at (TX) Nadler Velazquez vote yes on the motion to recommit. Jefferson Olver Vento all. As a matter of fact, the motion to Johnson (CT) Owens Visclosky Mr. CANADY of Florida. Madam recommit would do nothing for any- Johnson (WI) Pallone Waters Speaker, I rise in opposition to the mo- body at all other than perhaps give a Johnson, E. B. Pastor Watt (NC) tion to recommit. little cover to some people who are Kaptur Pelosi Waxman I ask the Members of the House to Kelly Pickett Wexler looking for some cover on an issue Kennedy (MA) Pomeroy Wise focus carefully on exactly what this which they understand the American Kennedy (RI) Porter Woolsey motion to recommit says. I had actu- people have a very firm position on. Kennelly Price (NC) Wynn ally thought we might get a motion to Kilpatrick Rangel Yates The American people overwhelm- Kind (WI) Reyes recommit that would try to address ingly support parental laws. The Amer- Lampson Rivers some of the concerns that we have ican people overwhelmingly support NAYS—269 heard about. But this does not do that. the bill that is before the House today. It instead brings to the House a bill Aderholt Danner Hutchinson So I would urge that my colleagues in Archer Davis (FL) Hyde that would outlaw kidnapping and ab- the House reject the motion to recom- Armey Davis (VA) Inglis duction for the purposes of obtaining mit and then vote for the bill. Bachus Deal Istook an abortion. The SPEAKER pro tempore (Mrs. Baesler DeLay Jenkins This measure in the motion to re- Baker Diaz-Balart John EMERSON). Without objection, the pre- Ballenger Dickey Johnson, Sam commit would simply say they cannot vious question is ordered on the motion Barcia Doolittle Jones kidnap or abduct, use force or threat of to recommit. Barr Doyle Kanjorski force to transport an individual across There was no objection. Barrett (NE) Dreier Kasich State lines for the purpose of obtaining Bartlett Duncan Kildee The SPEAKER pro tempore. The Barton Dunn Kim an abortion in the circumstances out- question is on the motion to recommit. Bateman Ehlers King (NY) lined. There are laws on the books al- The question was taken; and the Bereuter Ehrlich Kingston ready to deal with that kind of cir- Berry Emerson Kleczka Speaker pro tempore announced that Bilbray English Klink cumstance. There are laws against kid- the noes appeared to have it. Bilirakis Ensign Klug napping. There are laws against abduc- Mr. SCOTT. Madam Speaker, I object Bliley Everett Knollenberg Blunt Ewing Kolbe tion. There are laws that relate to the to the vote on the ground that a improper use of force or the threat of Boehlert Fawell Kucinich quorum is not present and make the Boehner Foley LaFalce force. point of order that a quorum is not Bonilla Forbes LaHood So this is meaningless. This is abso- Bonior Fossella Largent present. Bono Fowler Latham lutely meaningless. I think that the The SPEAKER pro tempore. Evi- Members of the House should under- Borski Fox LaTourette dently a quorum is not present. Boyd Franks (NJ) Lazio stand that. But more importantly, I The Sergeant at Arms will notify ab- Brady (TX) Frelinghuysen Leach Bryant Gallegly Lewis (CA) think that the Members need to again sent Members. focus on what the point of the underly- Bunning Ganske Lewis (KY) The SPEAKER pro tempore. Pursu- Burr Gekas Linder ing bill is. ant to clause 5 of rule XV, the Chair Burton Gibbons Lipinski This bill is here to protect the rights Buyer Gilchrest Livingston will reduce to a minimum of 5 minutes of parents to be involved in their minor Callahan Gillmor LoBiondo the period of time within which a vote daughter’s decision to have a serious, Calvert Goodlatte Lucas by electronic device, if ordered, will be Camp Goodling Manton potentially dangerous surgical proce- taken on the question of passage. Canady Gordon Manzullo dure and the right of children to have Cannon Goss Mascara The vote was taken by electronic de- the counsel and protection of their par- Castle Graham McCarthy (NY) vice, and there were—yeas 158, nays Chabot Granger McCollum ents at that critical time when that de- 269, not voting 7, as follows: Chambliss Gutknecht McCrery cision is being made. Chenoweth Hall (OH) McDade Now, many States have decided to [Roll No. 279] Christensen Hall (TX) McHale give legal protection to this relation- YEAS—158 Clement Hamilton McHugh Coble Hansen McInnis Abercrombie Boucher Cummings ship through enactment of parental in- Coburn Hastert McIntosh Ackerman Brady (PA) Davis (IL) volvement laws, whether they be con- Collins Hastings (WA) McIntyre Allen Brown (CA) DeFazio Combest Hayworth McKeon sent laws or notification laws. Now, Andrews Brown (FL) DeGette Condit Hefley Metcalf Baldacci Brown (OH) Delahunt without H.R. 3682, many people will Cook Herger Mica Barrett (WI) Campbell DeLauro continue to circumvent these protec- Cooksey Hilleary Miller (FL) Bass Capps Deutsch Costello Hobson Moakley tive State laws by secretly taking Becerra Cardin Dicks Cox Hoekstra Mollohan someone else’s daughter across State Bentsen Carson Dixon Cramer Holden Moran (KS) Berman Clay Doggett lines for an abortion. Crane Hostettler Murtha Bishop Clayton Dooley This motion before us is not serious. Crapo Houghton Myrick Blagojevich Clyburn Edwards Cubin Hulshof Neal I have the greatest respect for the gen- Blumenauer Conyers Engel Cunningham Hunter Nethercutt tleman from Virginia (Mr. SCOTT) who Boswell Coyne Eshoo H5540 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Neumann Roemer Stenholm Deal Kingston Redmond Kilpatrick Miller (CA) Shays Ney Rogan Strickland DeLay Kleczka Regula Kind (WI) Mink Sherman Northup Rogers Stump Diaz-Balart Klink Reyes Klug Moran (VA) Sisisky Norwood Rohrabacher Stupak Dickey Knollenberg Riggs Lampson Morella Skaggs Nussle Ros-Lehtinen Sununu Doolittle Kolbe Riley Lantos Nadler Slaughter Oberstar Roukema Talent Doyle Kucinich Roemer Lee Olver Smith, Adam Obey Royce Tanner Dreier LaFalce Rogan Levin Owens Stabenow Ortiz Ryun Tauzin Duncan LaHood Rogers Lewis (GA) Pallone Stark Oxley Salmon Taylor (MS) Dunn Largent Rohrabacher Lofgren Pastor Stokes Packard Sanford Taylor (NC) Ehlers Latham Ros-Lehtinen Lowey Paul Tauscher Pappas Saxton Thomas Ehrlich LaTourette Roukema Luther Payne Thompson Parker Scarborough Thornberry Emerson Lazio Royce Maloney (CT) Pelosi Thurman Pascrell Schaefer, Dan Thune English Leach Ryun Maloney (NY) Pickett Tierney Paul Schaffer, Bob Tiahrt Ensign Lewis (CA) Salmon Markey Price (NC) Torres Paxon Sensenbrenner Traficant Etheridge Lewis (KY) Sandlin Martinez Rangel Towns Pease Sessions Turner Everett Linder Sanford Matsui Rivers Velazquez Peterson (MN) Shadegg Upton Ewing Lipinski Saxton McCarthy (MO) Rodriguez Visclosky Peterson (PA) Shaw Walsh Fawell Livingston Scarborough McDermott Rothman Waters Petri Shimkus Wamp Foley LoBiondo Schaefer, Dan McGovern Rush Watt (NC) Pickering Shuster Watkins Forbes Lucas Schaffer, Bob McKinney Sabo Waxman Pitts Skeen Watts (OK) Fossella Manton Sensenbrenner Meehan Sanchez Wexler Pombo Skelton Weldon (FL) Fowler Manzullo Sessions Meek (FL) Sanders Wise Portman Smith (MI) Weldon (PA) Fox Mascara Shadegg Meeks (NY) Sawyer Woolsey Poshard Smith (NJ) Weller Franks (NJ) McCarthy (NY) Shaw Menendez Schumer Wynn Pryce (OH) Smith (OR) Weygand Frelinghuysen McCollum Shimkus Millender- Scott Yates Quinn Smith (TX) White Gallegly McCrery Shuster McDonald Serrano Radanovich Smith, Linda Whitfield Ganske McDade Skeen Rahall Snowbarger Wicker Gekas McHale Skelton NOT VOTING—8 Ramstad Snyder Wilson Gibbons McHugh Smith (MI) Dingell McNulty Roybal-Allard Redmond Solomon Wolf Gillmor McInnis Smith (NJ) Gonzalez Petri Tauzin Regula Souder Young (AK) Goode McIntosh Smith (OR) Hill Porter Riggs Spence Young (FL) Goodlatte McIntyre Smith (TX) Riley Stearns Goodling McKeon Smith, Linda b 1636 Gordon Metcalf Snowbarger NOT VOTING—7 Goss Mica Snyder So the bill was passed. Dingell Hill Roybal-Allard Graham Miller (FL) Solomon The result of the vote was announced Gonzalez McNulty Granger Minge Souder as above recorded. Goode Payne Gutknecht Moakley Spence Hall (OH) Mollohan Spratt A motion to reconsider was laid on Hall (TX) Moran (KS) Stearns the table. b 1626 Hamilton Murtha Stenholm f Strickland Messrs. BERRY, METCALF, MOAK- Hansen Myrick Hastert Neal Stump PERSONAL EXPLANATION LEY, Mrs. McCARTHY of New York, Hastings (WA) Nethercutt Stupak and Messrs. COOKSEY, RILEY, Hayworth Neumann Sununu Mr. PETRI. Mr. Speaker, on H.R. 3862, the WEYGAND, McCRERY, CONDIT and Hefley Ney Talent Child Custody Protection Act, Rollcall No 280, Herger Northup Tanner SAM JOHNSON of Texas changed their Hilleary Norwood Taylor (MS) had I been present, I would have voted ``aye.'' vote from ‘‘yea’’ to ‘‘nay.’’ Hilliard Nussle Taylor (NC) f Mr. DOGGETT changed his vote from Hobson Oberstar Thomas Hoekstra Obey Thornberry PERSONAL EXPLANATION ‘‘nay’’ to ‘‘yea.’’ Holden Ortiz Thune So the motion to recommit was re- Hostettler Oxley Tiahrt Mr. TAUZIN. Mr. Speaker, on July 15, 1998, jected. Hulshof Packard Traficant I was inadvertently detained, and missed roll- The result of the vote was announced Hunter Pappas Turner Hutchinson Parker Upton call 280, on H.R. 3682, the Child Custody Pro- as above recorded. Hyde Pascrell Vento tection Act. Had I been present, I would have The SPEAKER pro tempore (Mrs. Inglis Paxon Walsh voted ``aye.'' EMERSON). The question is on the pas- Istook Pease Wamp Jefferson Peterson (MN) Watkins f sage of the bill. Jenkins Peterson (PA) Watts (OK) The question was taken; and the John Pickering Weldon (FL) REMOVAL OF NAME OF MEMBER Speaker pro tempore announced that Johnson (WI) Pitts Weldon (PA) AS COSPONSOR OF H.R. 219 the ayes appeared to have it. Johnson, Sam Pombo Weller Jones Pomeroy Weygand Ms. KILPATRICK. Madam Speaker, I RECORDED VOTE Kanjorski Portman White ask unanimous consent to have my Mr. CANADY of Florida. Madam Kaptur Poshard Whitfield name removed as a cosponsor of H.R. Kasich Pryce (OH) Wicker 219. Speaker, I demand a recorded vote. Kelly Quinn Wilson A recorded vote was ordered. Kildee Radanovich Wolf The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. This is a Kim Rahall Young (AK) EMERSON). Is there objection to the re- 5-minute vote. King (NY) Ramstad Young (FL) quest of the gentlewoman from Michi- The vote was taken by electronic de- NOES—150 gan? vice, and there were—ayes 276, noes 150, There was no objection. Abercrombie Clyburn Furse not voting 8, as follows: Ackerman Conyers Gejdenson f [Roll No. 280] Allen Coyne Gephardt Andrews Cummings Gilchrest PERSONAL EXPLANATION AYES—276 Baldacci Davis (IL) Gilman Aderholt Boehner Chenoweth Barrett (WI) DeFazio Green Mr. HILLEARY. Madam Speaker, due Archer Bonilla Christensen Bass DeGette Greenwood to a set of tragic events in my district Armey Bonior Clement Becerra Delahunt Gutierrez last night and yesterday, I was unable Bachus Bono Coble Bentsen DeLauro Harman to be present for a series of votes last Baesler Borski Coburn Berman Deutsch Hastings (FL) Baker Boswell Collins Blagojevich Dicks Hefner night, including the Doolittle amend- Ballenger Boyd Combest Blumenauer Dixon Hinchey ment and the Fossella amendment to Barcia Brady (TX) Condit Boehlert Doggett Hinojosa the Shays-Meehan substitute to H.R. Barr Bryant Cook Boucher Dooley Hooley Barrett (NE) Bunning Cooksey Brady (PA) Edwards Horn 2183. If I had been present, I would have Bartlett Burr Costello Brown (CA) Engel Houghton voted aye on roll call 275 and aye on Barton Burton Cox Brown (FL) Eshoo Hoyer roll call 276. Bateman Buyer Cramer Brown (OH) Evans Jackson (IL) Bereuter Callahan Crane Campbell Farr Jackson-Lee f Berry Calvert Crapo Capps Fattah (TX) Bilbray Camp Cubin Cardin Fazio Johnson (CT) SONNY BONO MEMORIAL SALTON Bilirakis Canady Cunningham Carson Filner Johnson, E. B. SEA RECLAMATION ACT Bishop Cannon Danner Castle Ford Kennedy (MA) Bliley Chabot Davis (FL) Clay Frank (MA) Kennedy (RI) Mr. DREIER. Madam Speaker, by di- Blunt Chambliss Davis (VA) Clayton Frost Kennelly rection of the Committee on Rules, I July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5541 call up House Resolution 500 and ask consideration of a plan to stop the on- named. For these reasons, Madam for its immediate consideration. going environmental damage to the Speaker, I urge adoption of both the The Clerk read the resolution, as fol- Salton Sea and to restore its health. rule and the bill. lows: Because the environmental problems Madam Speaker, I reserve the bal- H. RES. 500 facing the wildlife refuge and reservoir ance of my time. Resolved, That upon the adoption of this are worsening so quickly, it is impor- Mr. HALL of Ohio. Madam Speaker, I resolution it shall be in order without inter- tant that Congress pass legislation thank my colleague from California vention of any point of order to consider in that allows it to be addressed as quick- (Mr. DREIER) for yielding me this time. the House the bill (H.R. 3267) to direct the ly as possible. This rule, Madam Speak- This resolution puts forth a modified, Secretary of the Interior, acting through the er, also ensures, as I said, that a minor- closed rule. It provides for consider- Bureau of Reclamation, to conduct a fea- ity alternative will be fully debated. ation of H.R. 3267, which is the Sonny sibility study and construct a project to re- I would like to commend the mem- Bono Memorial Salton Sea Reclama- claim the Salton Sea. The bill shall be con- bers of the bipartisan Salton Sea Task tion Act. sidered as read for amendment. In lieu of the amendment recommended by the Committee Force. The leaders of that have been This is a bill to reduce and stabilize on Resources now printed in the bill, the our California colleagues, Mrs. BONO, the salt content of the Salton Sea near amendment in the nature of a substitute Mr. HUNTER, Mr. CALVERT, Mr. BROWN, Palm Springs, California. As my col- printed in the report of the Committee on Mr. LEWIS, and Mr. DOOLITTLE of the league from California has described, Rules accompanying this resolution shall be Subcommittee on Water and Power. this rule provides for 1 hour of debate considered as adopted. The previous question They have done a tremendous job, and to be equally divided between the shall be considered as ordered on the bill, as they have worked long and hard in chairman and ranking minority mem- amended, and on any further amendment reaching a consensus that will allow ber of the Committee on Resources. thereto to final passage without intervening motion except: (1) one hour of debate on the this legislation to move forward. Only one amendment may be offered. bill, as amended, equally divided and con- Madam Speaker, H.R. 3267 is critical Madam Speaker, there is agreement trolled by the chairman and ranking minor- to the health of both the environment on both sides of the aisle that Congress ity member of the Committee on Resources; and the economy in both Imperial and needs to protect the worsening envi- (2) a further amendment printed in the Con- Riverside Counties. The Salton Sea is ronmental conditions at Salton Sea, gressional Record pursuant to clause 6 of an integral part of the Pacific Flyway, and there is a consensus that our late rule XXIII, if offered by Representative Mil- providing food and a major rest stop colleague, Sonny Bono, is deserving of ler of California or his designee, which may for hundreds of thousands of waterfowl a fitting tribute. Unfortunately, this be considered notwithstanding the adoption of the amendment in the nature of a sub- and shore birds. According to the Fish bill will probably do neither. stitute printed in the report of the Commit- and Wildlife Service, the health of the There are numerous provisions in the tee on Rules, shall be considered as read, and sea is essential to the long-term viabil- bill which will raise objections. For ex- shall be separately debatable for one hour ity of the migratory bird population on ample, the bill makes funds available equally divided and controlled by the pro- the west coast. Five endangered or from the Land and Water Conservation ponent and an opponent; and (3) one motion threatened bird species and one endan- Fund, which was established to pre- to recommit with or without instructions. gered fish species depend on the Salton serve park land and open spaces, not The SPEAKER pro tempore. The gen- Sea. for water projects. Also, it authorizes tleman from California (Mr. DREIER) is The economic impact of the project construction of a $350 million project recognized for one hour. is equally significant. A study by the before enough study has been done. Mr. DREIER. Madam Speaker, for University of California Riverside’s These and other provisions will prob- purposes of debate only, I yield the cus- Economic Data Bank and Forecasting ably hold up the bill in the Senate and tomary 30 minutes to my very good Center estimates the economic benefits result in a Presidential veto. friend, the gentleman from Dayton, of restoring the Salton Sea of between The bill should have an open rule so Ohio (Mr. HALL), the distinguished $3.4 and $5.7 billion. This includes the that all House Members will have the ranking minority member of the very benefits of increased tourism, recre- opportunity to make improvements prestigious Subcommittee on Rules ation, farming and other economic ac- through the amending process on the and Organization of the House, pending tivity around the restored sea. House floor. The rule also waives the 3- which I yield myself such time as I The Sonny Bono Memorial Salton day layover requirement for the com- may consume. Sea Restoration Act will halt a serious mittee report, which was filed only and ongoing decline in the local econ- yesterday, and this makes it even more b 1645 omy and replace it with real jobs and difficult for the House to work its will. I will say that all time that I will be good, positive growth for the area. I have no further comments to make yielding will be for debate purposes Madam Speaker, the deterioration of at this particular time, Madam Speak- only. the Salton Sea is a problem that can be er. (Mr. DREIER asked and was given solved. While reducing the salinity pre- Madam Speaker, I reserve the bal- permission to revise and extend his re- sents a significant challenge, there are ance of my time. marks and include extraneous material feasible plans for addressing the prob- Mr. DREIER. Madam Speaker, I yield in the RECORD.) lem, including diking off a portion of such time as she may consume to my Mr. DREIER. Madam Speaker, this the sea to serve as a final sink for col- very distinguished colleague, the gen- rule makes in order a bill that will lecting salt. The bill that the House tlewoman from Palm Springs, Califor- bring to fruition the hard work of our will consider today allows this and nia (Mrs. BONO). late friend and colleague, Sonny Bono. other policy responses to be thoroughly Mrs. BONO. Madam Speaker, today I Specifically, it makes in order H.R. researched so Congress can later con- rise in support of the rule governing 3267, the Sonny Bono Memorial Salton sider the most cost-effective approach. H.R. 3267, the Sonny Bono Salton Sea Sea Reclamation Act, under a modified Given the importance of the Salton Memorial Reclamation Act. closed rule. Sea to the local economy and as a habi- I would like to thank the gentleman The rule does provide for a substitute tat for wildlife, it makes sense for the from New York (Mr. SOLOMON) and the to be offered by the ranking minority Federal Government to work in part- gentleman from California (Mr. member of the Committee on Re- nership with State and local govern- DREIER), as well as the rest of the Com- sources, the gentleman from California ments to try to develop a plan for fix- mittee on Rules members, for crafting (Mr. MILLER), or his designee. The ing the problem. This is particularly a rule that is both fair and reasonable. structured rule is necessary, Madam true given that H.R. 3267 only commits The bill that we will be debating Speaker, to protect a fragile com- the Federal Government to considering today is a good environmental bill. It promise that is supported by all of the a cleanup plan, not to helping fund the sets out a sound process for both study stakeholders in the restoration of the cleanup. and action to save the Salton Sea. The Salton Sea. This is a fitting tribute to a man who gentleman from California (Mr. The compromise ensures the expedi- cared deeply about restoring the DREIER) knows all too well the prob- tious development and congressional Salton Sea and for whom H.R. 3267 is lems facing the Salton Sea. When H5542 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Sonny passed, and the Speaker spoke I am pleased that our friends on the San Diego or Orange County and drive of the need to save this national treas- Republican majority have rediscovered to the Salton Sea. ure, the gentleman was right there all the Land and Water Conservation b 1700 the way. I believe that when he sat Fund. Annually only about $260 million down to craft this rule, he had in mind of this fund is spent on this purpose in- He can enjoy what up until a couple the need to save the Salton Sea and the tended for the purchasing of conserva- of years ago was the most productive urgency of which it needs to be saved. tion funds. It is a dramatic stretch, I fishery in the United States. He can Unlike the opponents of this bill, the think, for this House to dedicate re- enjoy, or could, up until a couple of gentleman from California (Mr. sources of this order of magnitude in years ago, great waterskiing. That DREIER) and the rest of the Committee one little portion of the United States family could enjoy great camping op- on Rules want to save the Salton Sea. when we have hundreds of projects that portunities, and they could do that For those who do not find this rule go begging around the country. I hope without having to have the financial fair, I say, what was so fair about al- that we will have a more thoughtful resources to jet off to New Zealand, to lowing the sea to get worse over the discussion about the utilization of this go fly fishing, to do other things that last 25 years when this very body had resource. some people can do but others cannot an opportunity to take measures to I really do hope that we will approve do. The Salton Sea is a great oppor- save it then? What is so fair about en- the Miller amendment, have an oppor- tunity for working America to have a vironmental groups who finally stand tunity to look at this in a more wonderful recreational site. up and take notice of the sea when thoughtful fashion, and provide really Thirdly, we have the opportunity to they have rarely been there in the a truly appropriate memorial in the do something that I think Sonny Bono past? It is real simple. One is either for long run. taught us so well, and that is what the the sea and the environment and vote Mr. DREIER. Madam Speaker, I yield gentlewoman from California (Mrs. ‘‘yes’’ on the rule, or one is for the de- 5 minutes to the gentleman from San BONO) is continuing to teach us, and mise of the Salton Sea, against Son- Diego, California (Mr. HUNTER), our that is to use common sense. We are ny’s dream, and for the opposition of colleague who shares representation of using common sense in this bill. this rule. Vote ‘‘yes’’ on the rule. Imperial County with the gentlewoman We changed judicial review at the re- Mr. HALL of Ohio. Madam Speaker, I from California (Mrs. BONO); the man quest of a number of the environmental yield 2 minutes and 10 seconds to the who gave his most sterling speech this folks to an expedited judicial review, gentleman from Oregon (Mr. morning before the Republican Con- nonetheless, not cutting it off com- BLUMENAUER). ference. pletely. But as the gentlewoman from Mr. BLUMENAUER. Madam Speaker, Mr. HUNTER. Madam Speaker, I will California (Mrs. MARY BONO) said, the I thank the gentleman for yielding me try to be almost as brief as I was this sea is on a death watch. It is going to this time. morning. die in 10 years or so when it gets up to The issue here today is not whether My colleagues, we have a real oppor- 60 parts per million of salinization. We or not we are going to be honoring our tunity here to do three things that are cannot let lawsuit after lawsuit tie up former colleague, Congressman Bono. I very important. One is we have an op- the project until the sea is dead. think all of us who had an opportunity portunity to right what is perhaps the We are undertaking the project in to serve with him are committed to worst environmental disaster in our Mexicali to wean the Mexicali indus- having an appropriate memorial of Nation, and that is the continuing pol- trial waste and their industrial waste that nature. Nor is there a lack of in- lution and continuing salinization of from the New River. That project is terest on the part of Members of this this huge 360-square-mile body of water going to break ground here in the next Congress dealing with the environ- next to the Mexican border in southern couple of months, so it is important mental problems associated with the California. It is fed by the New River and it is necessary and it is appropriate Salton Sea. that we get to going on the sea and we The issue that I am concerned about, and the Alamo River, and the New start the project. and I hope the House will take a step River is considered to be the most pol- As one North Salton Sea resident back and look very carefully at this, is luted river in North America coming said in one of the articles, he said that that we are moving ahead with a sig- north from Mexicali, traveling 50 miles this Congress studies the sea and then nificant sum of money to try and deal through the California desert, and they disappear, and come back a couple with what in and of itself was a failed emptying into the Salton Sea. In going of years later and study it again. We project in the past. This water re- through Mexicali, it goes through the sources project years ago was well-in- industrial area of Mexicali, takes a lot are committing, with this bill, with tended, but has moved in the wrong di- of waste. If one goes down there, it is this authorization, to fix the Salton rection. somewhat like America was in parts of Sea; that is, to take care of the It is an issue that I am personally this country in the 1930s, literally with salinization problem. concerned with. As we speak today, yellow toxins spewing out of pipes di- We have literally volumes of studies this Congress has not exercised appro- rectly into the river; also, with the that have been done that have nar- priate oversight for other water re- sewage system in Mexicali that is at- rowed down the options to basically sources projects where we have not laid tached to that river. two options, and that is diking, or else an appropriate foundation environ- So we have an opportunity to right having an infall or outfall; that is, ex- mentally in engineering terms to make what is right now one of the most dif- porting saline water or importing non- sure that we are not spending good ficult environmental disasters we have saline water. We have those two op- money after bad. ever had in this country. tions. Secretary Babbitt is going to de- My colleagues will hear in the course Secondly, in cleaning up the sea, cide which one works best. He is going of the debate, both on the rule and on which we are going to do with this bill, to come back and tell the Congress the measure itself, that there is not at we have the opportunity to expand one which is best. Then we will act. He said this point a clear understanding of the of the greatest natural resources and he could do it in 18 months. exact nature of the problem, and de- recreational resources in this country. The only exception, you have 18 spite years of study and engineering re- One of the great things about the sea miles of river feeding the Salton Sea, search, there is not a good plan in hand that the gentlewoman from California and we have come up with an environ- right now. (Mrs. BONO) loves so well and Sonny mentally friendly way of cleansing To go ahead with a preauthorization loved so well is the fact that it is so that river. We are going to have 50 of a third of a billion dollars for some- close to a lot of working Americans. It miles of marshes, and we are going to thing that this House does not really is within driving distance of about 8 filter the New River through those 50 understand fully and will not have con- percent of America’s population. That miles of marshes, but we cannot do it, trol over is a step clearly in the wrong means that the average guy and his some lawyers tell us, under the Clean direction. Not only would we be wast- wife and his kids on the average week- Water Act because the Clean Water Act ing it, there is a probability that it end can get in their camper in Covina says if you take a glass of water out of could even be made worse. or Los Angeles or the Inland Empire or the New River, you have to pour it July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5543 back in in drinking water quality. You That road map is very important, be- and Oceans subcommittee. Let me just cannot incrementally clean up a river cause it is not being provided in this stress how important I think this bill under that law. You cannot filter part legislation, but it is being provided in is. It represents a major stride towards of it in the first mile and part in the the rule in the substitute. I rise in sup- improving the water quality of the second mile and part of it in the third port of the rule because of the sub- Salton Sea by reducing the salinity mile. You are totally stopped, so you stitute. and stabilizing the elevation along the do not do anything. The sea continues I am concerned that in the bill, the shoreline. to get polluted. main bill, there is an appropriation in The Salton Sea is certainly of ex- This is a great bill. I thank the Com- there, there is an authorization for an treme importance as a major stopover mittee on Rules for bringing it up. Let appropriation of $350 million that can for avian species along the Pacific us have an overwhelming vote in favor be taken from the Land and Water Con- flyway. As chairman of the subcommit- of the rule and the bill. servation Fund. That is the entire 2 tee, I must stress the importance of Mr. DREIER. Madam Speaker, I am years of appropriations for this House saving habitat for migrating birds. Al- happy to yield 2 minutes to the gen- for all of the projects in the United ready many of the traditional nesting tleman from California (Mr. KEN CAL- States. So every Member who is voting and feeding areas have been destroyed, VERT), another Member who has for this bill ought to be concerned that and if the degradation of the Salton worked on the task force. those projects that are going to restore Sea continues unabated, this impor- Mr. CALVERT. Madam Speaker, I lands with authorized use from the tant habitat will surely be lost. thank the gentleman from California, Land and Water Conservation Fund, Let me just say also that I have re- my good friend from Covina, for not those projects may be put in jeopardy ceived a number of communications only putting together a good rule but as this project takes priority to all of from ornithological council members, for his support for saving the Salton that. which include the eight major sci- Sea. Madam Speaker, I urge my col- entific societies of ornithologists in Here we go again. We have been leagues to look at the substitute, the North America. Collectively, these pro- studying the Salton Sea now for well Miller-Brown substitute. I think it pro- fessional organizations include over over 30 years. There have been many vides a much better solution. It is a 6,000 scientists and students of bird reports, many studies, many millions complicated issue. This is essentially a life. of dollars on how to save the Salton sea or a lake that is taking the drain- The letter of the council states that Sea. Today finally we are going to es- age. ‘‘The Salton Sea ecosystem has long tablish the groundwork to do exactly Water in Southern California is get- been recognized as providing signifi- that; that is, to save the sea, the birds, ting scarcer and scarcer and more valu- cant wetland habitat for immense the fish, and most importantly, we are able as we use reclamation, cleaning up numbers of migrating birds.’’ Let me just say, in conclusion, to my going to save an opportunity for people dirty water and using it for agri- friends from the other side of the aisle, to visit the Salton Sea. Not too many culture, which will be in demand. The with whom I oftentimes, in fact most years ago more people visited the cost and uses of water that would go to often, agree, I think we all want to get Salton Sea than they did Yosemite, on the lake to sustain it are going to be in to the same place. I will be supporting an annual basis, it is so close to so great demand. I do not think we can the underlying bill. Others here will many millions of Americans in the solve the problem by jamming it obviously support the substitute. I am southwest United States. through with this solution. We need hopeful that the underlying bill will I as a young man, boy, would go the substitute. prevail and that we will be able, there- waterskiing at the Salton Sea. It was The rule is a good rule because it pro- fore, to proceed to come to a conclu- probably the best waterskiing in all of vides that substitute. When we get to sion that is beneficial to all concerned. California, and certainly, I think, that, I urge my colleagues to support Let me once again congratulate the throughout the southwestern United it. members of the California delegation, States. It is unfortunate that people do Mr. DREIER. Madam Speaker, I am and particularly the gentlewoman from not have that same opportunity any- happy to yield 3 minutes to the gen- California (Mrs. MARY BONO), for their more, or at least not with the quality tleman from Mount Holly, New Jersey great leadership in bringing this bill to of water as it exists today. (Mr. SAXTON), the very distinguished the floor today. The other gentleman from California, chairman of the Joint Economic Com- Mr. DREIER. Madam Speaker, I yield our esteemed friend from Imperial mittee. 11⁄2 minutes to my very good friend, the County, mentioned the New River and Mr. SAXTON. Madam Speaker, I gentleman from San Diego, California how polluted it is, and what is going on thank the gentleman for yielding me (Mr. CUNNINGHAM). there. It is certainly horrible. We have the time. Mr. CUNNINGHAM. Madam Speaker, a chance today. We have this rule. Madam Speaker, let me just begin by my daughters, April and Carrie, got the Sonny Bono certainly dreamed of this saying that I rise in support of this first duck mud between their toes in a day. I think he is looking down on us rule and of the underlying bill, H.R. goose blind over in the Salton Sea with right now wondering what we are going 3267, the Sonny Bono Memorial Salton their Grandpa Jones. He also taught to do finally. Sea Act. them how to blow a duck call in that Sonny, we are going to pass this rule. Let me just say, or let me just ex- same place. Furthermore, we are going to pass this press my admiration for the great job Why is it important? It is a major bill, and we are going to vote against that the gentlemen from California, flyway from Connecticut to Sac- the Miller-Brown substitute and move Mr. DUNCAN HUNTER, Mr. KENNY CAL- ramento to the Salton Sea and then ahead. VERT, Mr. DAVID DREIER, my friend down to Mexico for the winter feeding Mr. HALL of Ohio. Madam Speaker, I here, Mr. , have grounds. There are also many of the yield 2 minutes to the gentleman from done, and let me say just especially to endangered species and also porvina, California (Mr. FARR). the gentlewoman from California (Mrs. which is a fish that lives there, which Mr. FARR of California. Madam MARY BONO) how pleased I am to be is dying in very fast order. Speaker, I rise in support of this rule, here today to support this major effort I do not believe we are trying to get because the rule does a very important she picked up on just several months there in the same place, because if thing. It allows for an alternative. ago, and has really led the way in this Members want to delay a bill in this I think that in approaching this, that effort. I have not seen this many Cali- body, if they want to kill a bill, just everyone in this room is in agreement fornians agree on an issue in the 14 have a study with no commitment, that we need to solve the Salton Sea years that I have been here, and I say with no commitment to carry it issue, and that we ought to do that to the gentlewoman from California through. That is exactly what the Mil- under the name of our former col- (Mrs. BONO), it took her to bring them ler substitute does, study, study, study, league, Mr. Bono. But I do not think we all together. knowing good and well that we will all agree on how to get there. What we As an Easterner and as chairman of come back and not be able, when the need before we get there is a road map. the Fisheries Conservation, Wildlife funds are low, to fund it. H5544 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Support the Bono amendment and let ward and manage our Nation’s re- priations in the last couple of years to us pass this bill. sources, protect the environment, en- finish that research or to move it very Mr. DREIER. Madam Speaker, I am sure that the species on the endangered far down the line. happy to yield 2 minutes to my very species list are protected. It is manage- There really is no mystery about good friend, the gentleman from Mon- ment of our natural resources, which some of the aspects of the problems of ticello, Indiana (Mr. BUYER), who was a this bill is about. I ask for the passage the Salton Sea. It is an artificially cre- very, very close friend of the late of the rule. ated body of water formed through an Sonny Bono. Mr. DREIER. Madam Speaker, I yield engineering catastrophe earlier in this Mr. BUYER. Madam Speaker, I 1 minute to the gentleman from Cali- century. It is growing increasingly thank the gentleman for yielding me fornia (Mr. BRIAN BILBRAY), another salty and contaminated because most the time. great San Diegan, a great friend, and of its inflows come from agricultural I rise today in support of H.R. 3267, hard-working two-termer. wastewater and municipal wastewater, the Sonny Bono Memorial Salton Sea b 1715 loaded salts and heavy metals and pes- Reclamation Act. The Salton Sea has ticides and contaminants. only 12 years of life left until it will Mr. BILBRAY. Madam Speaker, I The fact of the matter is the only cease providing a haven for over 375 rise in support of the rule. Those of us real source of any water of any volume species of birds and fish, including nu- who live along the southwestern border for the Salton Sea is contaminated, merous endangered and threatened spe- have grown tired of the Federal Gov- polluted wastewater. That is some of cies. The 30,000 acre lake salt level con- ernment constantly finding excuses not the best water that is in this sea at the tinues to rise to levels which are al- to address the issues that only the Fed- current time. Yet the inflows of the ready causing great amounts of disease eral Government can address. We are better quality of water in the sea itself, in the species which rely upon the sea’s talking about a crisis here that has these waters are questionable over the resources. In just a short period of time been created by the lack of Federal ac- next few years, and we continue the the species will no longer be able to tion in the last 30 years. Pollution problem of the increased salinization of survive. coming across the border, the lack of this area. To remedy the situation this bill pro- cooperation between Mexico and the The question really is, what do we do vides for five things: reducing and sta- United States, this is a Federal respon- about the Salton Sea? How do we ar- bilizing the salinity level, stabilizing sibility and a Federal obligation and a rive at a program that will work? The the sea’s surface elevation, restoring Federal preserve. suggestion that we have made tracks fish and wildlife resources, enhancing They can talk about, let us spend much of what is in this legislation, and recreational use and environmental de- more money having more sanctuaries, that is that we go out, the minority velopment, and ensuring the continued more preserves, but if the Federal gov- has decided that we would spend a mil- use of the sea as a reservoir for irriga- ernment, those of us in Congress are lion dollars a month or more than a tion and drainage. The policy is to not willing to move forward and take million dollars a month over the next manage all the resources in order to action, not talking about protecting 18 months and direct the Secretary to balance the needs of wildlife, natural the environment but actually doing conduct these studies and come back resources, and humans. They are all something to protect the environment, and tell us what will work or what will intertwined and all part of the same if we will not do it where the Federal not work. And then at that time, based equation. Government is the only agency that Those who oppose this commonsense upon those alternatives, authorize this can execute it, the only agency that measure instead advocate a slower and project or not authorize this project has the jurisdiction to execute many of more cautious approach. I have lis- based upon what the Congress deems to these types of strategies, then let us tened to some of the words. They say, be feasible or not feasible. not keep talking about that we care let us be more thoughtful, or let us The point is this, with the passage of about the environment. have a better road map. What this real- this legislation, the Salton Sea will If we do not move forward with this ly means they are choosing the course immediately become the second largest proposal at this time, then let us stop that will eventually cause the demise construction program within the Bu- talking about how much we care about of this valuable natural resource. reau of Reclamation. Only the Central It is indeed necessary for Congress to the environment. Now is the time to Arizona Project will be larger, if one be responsible for the funds that it au- prove who really supports the environ- works it out over a 10-year period of thorizes and appropriates. However, it ment. time which is, of course, the time line is necessary for Congress to act respon- Mr. DREIER. Madam Speaker, I re- that has been set by the concerns of sibly in a timely manner in order to serve the balance of my time. the supporters of this legislation. avoid a disaster. Losing the Salton Sea Mr. HALL of Ohio. Madam Speaker, I I think before we commit the Con- would be a disaster for all the species yield 8 minutes to the gentleman from gress of the United States and the tax- which utilize the area, the local econo- California (Mr. MILLER), ranking mem- payers of the United States to a $300 mies of the communities near the sea, ber of the committee. million decision, we ought to know and anyone who is concerned about our (Mr. MILLER of California asked and what those facts are. We ought to Nation’s resources. was given permission to revise and ex- make those determinations, but, as Those in opposition to this bill com- tend his remarks.) somebody said, if we do the studies plain that the measure authorizes both Mr. MILLER of California. Madam first and then we come back to the a feasibility study and construction. In Speaker, the troubles of the Salton Sea Congress, the Congress will not give us fact, this bill requires the Secretary of are not new to any of us in California. the money. So what they want to do is, the Interior to report back to the au- In fact, the Salton Sea has had serious they want to take the money up front thorizing committees after the feasibil- biological problems for many years. today, before the studies come back ity study in order to approve the con- They have been well publicized fish and tell us what it is, and the project struction plans. kills and die-offs of migratory water- will be authorized without regard to In basic point, what we have here is fowl that raise both environmental those studies. The authorization will a conflict. Radical environmentalists, concerns and issues involving inter- be squirreled away. who are also preservationists, find national treaty obligations. Various The point is this, this is a very com- themselves in conflict with also their scientific studies have attempted to plex problem. It is not just the issue of advocacy of protection of the endan- pinpoint the biological cause of the salinity. It is the issue of nutrient gered species. So what they really have enormous fish kills and the bird die- loading. Many of the scientists say we here is they are endorsing the radical offs that afflict this body of water. can deal with some of the salinity preservationists’ view on the environ- In 1992, the Congress passed legisla- problems with the diking program and ment, and they want the Salton Sea to tion that I wrote expanding these stud- others, but the problem is that we still die, just let it go, let it go, let it go. ies and the Department of Interior is have not dealt with what may be kill- We say no to that position. In mem- engaged in that additional research, al- ing many of the birds and the wildlife ory of Sonny Bono, we will step for- though there have not been the appro- in this area. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5545 So the point is that I think that we We can cut down the time frame in This authorization of over $350 mil- have an obligation to treat this project which to deal with the problems of the lion deserves a deliberate process and as we treat all other projects: That is, Salton Sea and make some determina- the use of a full open authorization ap- we authorize studies to come up with tions. As Members know, the majority propriation actions. the feasibility to determine what is leader of the Senate said if it takes I thank the gentleman for yielding to feasible, to determine what the costs more than an hour, it is not coming up me and thank him for his statement. are going to be, and then we come back in the Senate between now and ad- Mr. MILLER of California. Madam and we authorize that project for the journment. Speaker, I thank the gentleman. purposes of appropriation, if those Mr. VENTO. Madam Speaker, will Mr. DREIER. Madam Speaker, I yield studies work out. That is how everyone the gentleman yield? such time as he may consume to the else in this Congress gets their projects Mr. MILLER of California. I yield to gentleman from Redlands, California authorized. the gentleman from Minnesota. (Mr. LEWIS). The fact of the matter is, in some Mr. VENTO. Madam Speaker, I rise Californians could not ask for a more cases after we do the studies, we make in opposition to the rule. able dean of our delegation. determinations that that is really not It is an irony that we have really Mr. LEWIS of California. Madam worth the expenditure of the public’s what I consider would be a very popu- Speaker, I express my appreciation to money or a project has to be redesigned lar and a very positive initiative in my colleague from the Committee on or we scale a project down. Those are terms of trying to clean up and try to Rules not only for his work today but all determinations that are made with- address the problems of the Salton Sea. the hard work he has put into shaping in the process of these projects. I do not know if it is possible to really this rule and being of such assistance I also want to point out that this leg- clean it up in terms of both the nutri- to those of us on the task force who are islation has a number of problems on it ents and the salt, because of the nature involved in attempting to save the that have been raised, concerns, by of the that it rests on, this an- Salton Sea. statement of administration policy cient seabed. But in any case, it is I listened to the discussion of my col- from the Clinton administration. They ironic that we get wrapped around the league from California from the com- have problems with letter funding axle here today on the basis of an un- mittee as he was discussing the rule mechanisms of this legislation, the known type of action and project. and could not help but be reminded of fact that the bill currently takes the Everybody apparently agrees there the fact that, as he reminded us, that funding from the Land and Water Con- has to be study because the measure the Salton Sea has been under consid- servation Fund. This is a trust fund before us and the substitute that my eration for a considerable length of that is to be used for the purchase of colleague, the gentleman from Califor- time. public lands and the maintenance of nia (Mr. MILLER) is going to present, The problem is that the Salton Sea our parks and wilderness areas on the which I support, says that we have to and the economic, the environmental public lands. And this would invade do a study. You have to do more study challenge it provides for us has been that to the extent of over two times of in terms of putting in place the nature around for a long, long time. It is to what we authorize in a single year of the type of project. There has been a the point of being the most significant would be taken out for this single great deal of research work that has environmental crisis in the west at this project. been done on this, but unfortunately it moment. If indeed our committees had The cost sharing would exempt is not in specifics yet. chosen to go forward with serious ac- irrigators from the cost-sharing re- I think that the opposition to this is tion regarding this problem years and sponsibility for project implementa- not one in terms of delaying it, because years ago, the problem would have al- tion. So we are putting that load on clearly it is going to take the 18 ready been solved. It would have cost the taxpayers. The limitations on li- months, which the sponsors and advo- considerably less money. abilities, we find what we are doing is cates for this are proposing to be in I must say that this very important we are taking the liability for anything place. If you really want to push this environmental project has not received that goes wrong in this project, we are program up, what you really ought to that kind of priority in the past, and I taking that off of the back of every- do is appropriate the money right now am very disconcerted about that, espe- body else that is around the Salton Sea for the project. That is, in essence, cially when Members suggest that we and saying we are going to load that li- what is being done in terms of author- are moving forward much too rapidly ability, if things go wrong, on the back ization. We would not see the appropri- now in terms of consideration when the of the Federal taxpayer. ators standing up in the House doing challenge has been there for several Clean water exemptions have already that without any specific project. The decades. been addressed. The administration has authorizers themselves on our Re- I must say that I could not be more problems with those. And the congres- sources Committees should not be pro- pleased, however, with the fact that sional review, the Department of Jus- posing without some definitive policy this act will be entitled the Sonny tice has advised that the provisions path, especially considering what the Bono Memorial Salton Sea Reclama- granting congressional committee au- elements are. I mean, the limits on ju- tion Act, for it was not until Sonny thority to approve or disapprove execu- dicial review, the limits on the Clean Bono really grabbed this problem by tive actions without the enactment of Water Act, the limits on liability, the the horns and drug a lot of us along legislation would be unconstitutional. limits on who is going to be paying in with him to make sure that the Con- So this is a piece of legislation that terms of who is responsible for some of gress focused upon this crisis, made may very well pass this House, but it the damage in the future, the limits on sure we had a pathway to action re- certainly is not going to get consider- not using the Colorado water, this is garding finding a solution, he was re- ation in the Senate. Senator CHAFEE the delta of the Colorado River, yet sponsible for leading the Salton Sea has already indicated that their com- you cannot use water from the Colo- task force, which involves my col- mittee would not have time to take rado River for this particular purpose. leagues, the gentlemen from California this legislation up in this condition. So these are just some of the obvious (Mr. BROWN), who is in the adjacent They would hope that we would send shortcomings that exist with regard to district of mine in Southern California, them a clean bill so they could pass the this measure. We will have a chance to (Mr. HUNTER), (Mr. CALVERT) along legislation, and we can get on with the discuss them further, but this rule is a with myself. And in recent months we studies that are necessary to be done. closed rule and one that I cannot sup- have had the able leadership of the gen- There is nothing in the substitute that port. I think the process is one that I tlewoman from California (Mrs. BONO), delays those studies. There is nothing do not think is sound in terms of deal- our colleague who represents much of in the substitute which does not re- ing with and developing a good policy the sea. quire the Secretary then to report back path on an issue that there would be I must say it has been her dynamic the results of those studies. But I think and could be consensus upon but for expression of concern that we follow it is a way to get this bill enacted so the getting the cart before the horse on through on this priority of Sonny’s that we can get on with those studies. this measure. that has added the sort of momentum H5546 CONGRESSIONAL RECORD — HOUSE July 15, 1998 that we need to see this legislation Sonny Bono Salton Sea Memorial Reclama- Sec. 103. Salton Sea National Wildlife Ref- through to success. tion Act. uge renamed as Sonny Bono There is little doubt that the chal- I would like to thank Chairman SOLOMON Salton Sea National Wildlife Refuge. lenge is very real, but also the problem RIER and Congressman D , as well as the rest Sec. 104. Alamo River and New River irriga- is a solvable problem if we will but to the Rules Committee members for crafting tion drain water. move forward. This legislation lays the a rule that is both fair and reasonable. TITLE II—EMERGENCY ACTION TO foundation for reviewing a whole series The bill that we will be debating today is a STABILIZE SALTON SEA SALINITY of studies that have gone on for years good environmental bill. It sets our a sound Sec. 201. Findings and purposes. and years and years, selecting the al- process for both study and action to save the Sec. 202. Emergency action required. ternative approach to solution, and at Salton Sea. SEC. 2. FINDINGS. the same time lays the foundation for Congressman DRIER knows all too well the The Congress finds the following: the kind of authorization we need to problems facing the Salton Sea. When Sonny (1) The Salton Sea, located in Imperial and actually decide on which avenue is the passed, and the Speaker spoke of the need to Riverside Counties, California, is an eco- best one to follow. save this national treasure, Mr. DRIER was nomic and environmental resource of na- We have begun the appropriations right there all the way. tional importance. process by the way. There is funding in I believe that when he sat down to craft this (2) The Salton Sea is critical as— a number of appropriations subcommit- rule, he had in mind the need to save the (A) a reservoir for irrigation, municipal, and stormwater drainage; and tee bills now to move forward with the Salton Sea, and the urgency of which it needs (B) a component of the Pacific flyway. studies that we are talking about. In to be saved. (3) Reclaiming the Salton Sea will provide turn, we want to make sure as quickly Unlike the opponents of this bill, Mr. DRIER national and international benefits. as possible to move forward with au- and the rest of the Rules Committee want to (4) The Federal, State, and local govern- thorization of construction for there is save the Salton Sea. ments have a shared responsibility to assist not time to fool around with this any For those who do not find this Rule fair, I in the reclamation of the Salton Sea. longer. The committees have ignored it say: what was so fair by allowing the Sea to SEC. 3. DEFINITIONS. in the past for far too long. It is my get worse over the last 25 years, when this In this Act: judgment the sooner we have a broadly very body had an opportunity to take meas- (1) The term ‘‘Project’’ means the Salton based authorization, the sooner we can ures to save it then? Sea reclamation project authorized by sec- What is so fair about environmental groups tion 101. get appropriations in line that will ac- (2) The term ‘‘Salton Sea Authority’’ tually lead to construction and begin who finally stand up and take notice of the means the Joint Powers Authority by that to save this fabulous environmental op- Sea, when they have rarely been there in the name established under the laws of the State portunity that we have in the south- past? of California by a Joint Power Agreement land that provides huge recreational It's real simple: You're either of the Sea and signed on June 2, 1993. opportunities, economic opportunities, the environment, and vote Yes on the Rule. (3) The term ‘‘Secretary’’ means the Sec- changing an entire region in terms of Or you are for the demise of the Salton retary of the Interior, acting through the that which will be available to a siz- Sea, against Sonny's dream and for the oppo- Bureau of Reclamation. able portion of the population in sition of this Rule. TITLE I—SALTON SEA RECLAMATION Southern California and regions that Vote Yes on the Rule. PROJECT surround. Mr. DREIER. Madam Speaker, I yield SEC. 101. SALTON SEA RECLAMATION PROJECT back the balance of my time, and I AUTHORIZATION. b 1730 move the previous question on the res- (a) IN GENERAL.—The Secretary, in accord- So I want to express my deep appre- olution. ance with this section, shall undertake a The previous question was ordered. project to reclaim the Salton Sea, Califor- ciation first to the gentlewoman from nia. California (Mrs. MARY BONO) for her The SPEAKER pro tempore (Mrs. (b) PROJECT REQUIREMENTS.—The Project leadership, but beyond that to the gen- EMERSON). The question is on the reso- shall— tleman from California (Mr. DAVID lution. (1) reduce and stabilize the overall salinity DREIER) and the Committee on Rules The resolution was agreed to. of the Salton Sea to a level between 35 and for helping us with this rule today, and A motion to reconsider was laid on 40 parts per thousand; we urge support for the rule. the table. (2) stabilize the surface elevation of the Mr. HALL of Ohio. Madam Speaker, I Mr. DOOLITTLE. Mr. Speaker, pur- Salton Sea to a level between 240 feet below suant to House Resolution 500, I call up sea level and 230 feet below sea level; yield myself such time as I may con- (3) reclaim, in the long term, healthy fish sume to simply say that the gentleman the bill (H.R. 3267) to direct the Sec- and wildlife resources and their habitats; from California (Mr. MILLER) and the retary of the Interior, acting through (4) enhance the potential for recreational gentleman from Minnesota (Mr. the Bureau of Reclamation, to conduct uses and economic development of the VENTO), I believe, speak for many of us a feasibility study and construct a Salton Sea; and over here relative to their concerns and project to reclaim the Salton Sea, and (5) ensure the continued use of the Salton what they want this legislation to do. ask for its immediate consideration. Sea as a reservoir for irrigation drainage. And if this rule passes, I would hope The Clerk read the title of the bill. (c) FEASIBILITY STUDY.— The SPEAKER pro tempore (Mr. (1) IN GENERAL.—The Secretary shall that we would go with the Miller promptly initiate a study of the feasibility of PEASE). The bill is considered as having amendment. That seems to be the best various options for meeting the require- way to go. been read for amendment. ments set forth in subsection (b). The pur- Madam Speaker, I have no further re- The text of H.R. 3267 is as follows: pose of the study shall be to select 1 or more quests for time, and I yield back the H.R. 3267 practicable and cost-effective options and to balance of my time. Be it enacted by the Senate and House of Rep- develop a reclamation plan for the Salton Mr. DREIER. Madam Speaker, I yield resentatives of the United States of America in Sea that implements the selected options. myself such time as I may consume. Congress assembled, The study shall be conducted in accordance with the memorandum of understanding Obviously, with the remarks that we SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under paragraph (5). (a) SHORT TITLE.—This Act may be cited as have heard from Members, not only (2) OPTIONS TO BE CONSIDERED.—Options from California but from other parts of the ‘‘Sonny Bono Memorial Salton Sea Rec- lamation Act’’. considered in the feasibility study— the country, this is a very important (A) shall consist of— (b) TABLE OF CONTENTS.—The table of con- environmental issue for us and it is a tents of this Act is as follows: (i) use of impoundments to segregate a por- very important tribute not only to the tion of the waters of the Salton Sea in 1 or Sec. 1. Short title; table of contents. more evaporation ponds located in the late Sonny Bono but to his successor, Sec. 2. Findings. the gentlewoman from California (Mrs. Salton Sea basin; TITLE I—SALTON SEA RECLAMATION (ii) pumping water out of the Salton Sea; MARY BONO), who has done a very, very PROJECT (iii) augmented flows of water into the important job here for the entire Na- Sec. 101. Salton Sea reclamation project au- Salton Sea; and tion, and I urge support of the rule. thorization. (iv) a combination of the options referred Mrs. BONO. Madam Speaker, today, I rise Sec. 102. Concurrent wildlife resources stud- to in clauses (i), (ii), and (iii); and in support of the rule governing H.R. 3267, the ies. (B) shall be limited to proven technologies. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5547

(3) CONSIDERATION OF COSTS.—In evaluating (3) LIMITATION ON ADMINISTRATIVE AND JU- ment of the United States to the Salton Sea the feasibility of options, the Secretary shall DICIAL REVIEW.—(A) The actions taken pursu- National Wildlife Refuge is deemed to refer consider the ability of Federal, tribal, State ant to this title which relate to the con- to the Sonny Bono Salton Sea National and local government sources and private struction and completion of the Project, and Wildlife Refuge. sources to fund capital construction costs that are covered by the final environmental SEC. 104. ALAMO RIVER AND NEW RIVER IRRIGA- and annual operation, maintenance, energy, impact statement for the Project issued TION DRAIN WATER. and replacement costs. In that consider- under subsection (c)(4)(B), shall be taken (a) RIVER ENHANCEMENT.—The Secretary ation, the Secretary may apply a different without further action under the National shall conduct research and implement ac- cost-sharing formula to capital construction Environmental Policy Act of 1969 (42 U.S.C. tions, which may include river reclamation, costs than is applied to annual operation, 4321 et seq.). to treat irrigation drainage water that flows maintenance, energy, and replacement costs. (B) Subject to paragraph (2), actions of into the Alamo River and New River, Impe- (4) SELECTION OF OPTIONS AND REPORT.—Not Federal agencies concerning the issuance of rial County, California. later than 12 months after commencement of necessary rights-of-way, permits, leases, and (b) COOPERATION.—The Secretary shall im- the feasibility study under this subsection, other authorizations for construction and plement subsection (a) in cooperation with the Secretary shall— initial operation of the Project shall not be the Desert Wildlife Unlimited, the Imperial (A) submit to the Congress a report on the subject to judicial review under any law, ex- Irrigation District, California, and other in- findings and recommendations of the fea- cept in a manner and to an extent substan- terested persons. sibility study, including— tially similar to the manner and extent to (c) PERMIT EXEMPTION.—No permit shall be (i) a reclamation plan for the Salton Sea which actions taken pursuant to the Trans- required under section 402 of the Federal that implements the option or options se- Alaska Pipeline Authorization Act are sub- Water Pollution Control Act (33 U.S.C. 1342) lected under paragraph (1); and ject to review under section 203(d) of that for actions taken under subsection (a). (ii) specification of the construction activi- Act (43 U.S.C. 1651(d)). (d) AUTHORIZATION OF APPROPRIATIONS.— ties to be carried out under subsection (d); (g) AUTHORIZATION OF APPROPRIATIONS.— For river reclamation and other irrigation and There are authorized to be appropriated to drainage water treatment actions under this (B) complete all environmental compliance the Secretary to carry out the Project the section, there are authorized to be appro- and permitting activities required for those following: priated to the Secretary $2,000,000. construction activities. (1) For the feasibility study under sub- TITLE II—EMERGENCY ACTION TO (5) MEMORANDUM OF UNDERSTANDING.—(A) section (c) and completion of environmental STABILIZE SALTON SEA SALINITY The Secretary shall carry out the feasibility compliance and permitting required for con- SEC. 201. FINDINGS AND PURPOSES. study in accordance with a memorandum of struction of the Project, $22,500,000. (a) FINDINGS.—The Congress finds the fol- understanding entered into by the Secretary, (2) For construction of the Project, lowing: the Salton Sea Authority, and the Governor $300,000,000. (1) High and increasing salinity levels in of California. SEC. 102. CONCURRENT WILDLIFE RESOURCES Salton Sea are causing a collapse of the (B) The memorandum of understanding STUDIES. Salton Sea ecosystem. shall, at a minimum, establish criteria for (a) IN GENERAL.—The Secretary shall pro- (2) Ecological disasters have occurred in evaluation and selection of options under vide for the conduct, concurrently with the the Salton Sea in recent years, including the paragraph (1), including criteria for deter- feasibility study under section 101(c), of die-off of 150,000 eared grebes and ruddy mining the magnitude and practicability of studies of hydrology, wildlife pathology, and ducks in 1992, over 20,000 water birds in 1994, costs of construction, operation, and mainte- toxicology relating to wildlife resources of 14,000 birds in 1996, including more than 1,400 nance of each option evaluated. the Salton Sea by Federal and non-Federal endangered brown pelicans, and other major (d) CONSTRUCTION.— entities. wildlife die-offs in 1998. (1) INITIATION.—Upon expiration of the 60- (b) SELECTION OF TOPICS AND MANAGEMENT OF STUDIES.— (b) PURPOSES.—The purpose of this title is day period beginning on the date of submis- to provide an expedited means by which the sion of the feasibility study report under (1) IN GENERAL.—The Secretary shall estab- lish a committee to be known as the ‘‘Salton Federal Government, in conjunction with subsection (c)(4), and subject to paragraph (2) State and local governments, will begin ar- of this subsection, the Secretary shall initi- Sea Research Management Committee’’. The Committee shall select the topics of studies resting the ecological disaster that is over- ate construction of the Project. coming the Salton Sea. (2) COST-SHARING AGREEMENT.—The Sec- under this section and manage those studies. retary may not initiate construction of the (2) MEMBERSHIP.—The committee shall SEC. 202. EMERGENCY ACTION REQUIRED. Project unless, within the 60-day period re- consist of 5 members appointed as follows: The Secretary shall promptly initiate ac- ferred to in paragraph (1), the Secretary, the (A) 1 by the Secretary. tions to reduce the salinity levels of the Governor of California, and the Salton Sea (B) 1 by the Governor of California. Salton Sea, including— Authority enter into an agreement establish- (C) 1 by the Salton Sea Authority. (1) salt expulsion by pumping sufficient ing a cost-sharing formula that applies to (D) 1 by the Torres Martinez Desert water out of the Salton Sea prior to Decem- that construction. Cahuilla Tribal Government. ber 1, 1998, to accommodate diversions under paragraph (2); and (e) DETERMINATION OF METHOD FOR DISPOS- (E) 1 appointed jointly by the California (2) diversion into the Salton Sea of water ING OF PUMPED-OUT WATER.—The Secretary Water Resources Center, the Los Alamos Na- available as a result of high-flow periods in shall, concurrently with conducting the fea- tional Laboratory, and the Salton Sea Uni- late 1998 and early 1999. sibility study under subsection (c), initiate a versity Research Consortium. process to determine how and where to dis- (c) COORDINATION.—The Secretary shall re- The SPEAKER pro tempore. Pursu- pose permanently of water pumped out of the quire that studies under this section are con- ant to House Resolution 500, the Salton Sea in the course of the Project. ducted in coordination with appropriate Fed- eral agencies and California State agencies, amendment printed in House Report (f) RELATIONSHIP TO OTHER LAW.— including the California Department of 105–624 is adopted. (1) RECLAMATION LAWS.—Activities author- Water Resources, California Department of The text of H.R. 3267, as amended, is ized by this section or any other law to im- Fish and Game, California Resources Agen- as follows: plement the Project shall not be subject to cy, California Environmental Protection Strike all after the enacting clause and in- the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. Agency, California Regional Water Quality sert the following: 391 et seq.), and Acts amendatory thereof and Board, and California State Parks. supplemental thereto. Amounts expended for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (d) PEER REVIEW.—The Secretary shall re- (a) SHORT TITLE.—This Act may be cited as those activities shall be considered non- quire that studies under this section are sub- reimbursable and nonreturnable for purposes the ‘‘Sonny Bono Memorial Salton Sea Rec- jected to peer review. lamation Act’’. of those laws. Activities carried out to im- (e) AUTHORIZATION OF APPROPRIATIONS.— plement the Project and the results of those (b) TABLE OF CONTENTS.—The table of con- For wildlife resources studies under this sec- tents of this Act is as follows: activities shall not be considered to be a sup- tion there are authorized to be appropriated plemental or additional benefit for purposes Sec. 1. Short title; table of contents. to the Secretary $5,000,000. Sec. 2. Findings. of the Reclamation Reform Act of 1982 (96 SEC. 103. SALTON SEA NATIONAL WILDLIFE REF- Sec. 3. Definitions. Stat. 1263; 43 U.S.C. 390aa et seq.). UGE RENAMED AS SONNY BONO TITLE I—SALTON SEA RECLAMATION (2) PRESERVATION OF RIGHTS AND OBLIGA- SALTON SEA NATIONAL WILDLIFE TIONS WITH RESPECT TO THE COLORADO REFUGE. PROJECT RIVER.—This section shall not be considered (a) REFUGE RENAMED.—The Salton Sea Na- Sec. 101. Salton Sea Reclamation Project to supersede or otherwise affect any treaty, tional Wildlife Refuge, located in Imperial authorization. law, or agreement governing use of water County, California, is hereby renamed and Sec. 102. Concurrent wildlife resources stud- from the Colorado River. All activities to shall be known as the ‘‘Sonny Bono Salton ies. implement the Project under this section Sea National Wildlife Refuge’’. Sec. 103. Salton Sea National Wildlife Ref- must be carried out in a manner consistent (b) REFERENCES.—Any reference in any uge renamed as Sonny Bono with rights and obligations of persons under statute, rule, regulation, executive order, Salton Sea National Wildlife those treaties, laws, and agreements. publication, map, or paper or other docu- Refuge. H5548 CONGRESSIONAL RECORD — HOUSE July 15, 1998

Sec. 104. Relationship to other laws and (A) shall consist of— (2) RECLAMATION PLAN DEEMED APPROVED.— agreements governing the Colo- (i) use of impoundments to segregate a por- If any of the Committees fails to adopt a res- rado River. tion of the waters of the Salton Sea in 1 or olution under paragraph (1)(A) or (B) within TITLE II—EMERGENCY ACTION TO IM- more evaporation ponds located in the 60 legislative days (excluding days on which PROVE WATER QUALITY IN THE Salton Sea basin; Congress is adjourned sine die or either ALAMO RIVER AND NEW RIVER (ii) pumping water out of the Salton Sea; House is not in session because of an ad- Sec. 201. Alamo River and New River irriga- (iii) augmented flows of water into the journment of more than 3 days to a day cer- tion drainage water. Salton Sea; tain) after the date of submission of the re- (iv) a combination of the options referred port by the Secretary under subsection (c)(6), SEC. 2. FINDINGS. The Congress finds the following: to in clauses (i), (ii), and (iii); and that Committee is deemed to have approved (1) The Salton Sea, located in Imperial and (v) any other economically feasible remedi- the reclamation plan included in the report. (e) CONSTRUCTION.— Riverside Counties, California, is an eco- ation option the Secretary considers appro- priate; (1) INITIATION.—Subject to paragraph (2) of nomic and environmental resource of na- (B) shall be limited to proven technologies; this subsection and the availability of appro- tional importance. and priations, the Secretary shall initiate con- (2) The Salton Sea is critical as— (C) shall not include any option that— struction of the Project. (A) a reservoir for irrigation, municipal, (i) develops or promotes an ongoing reli- (2) COST SHARING.—The Federal share of and stormwater drainage; and ance on Colorado River water; or the costs of construction of the Project shall (B) a component of the Pacific flyway. (ii) is inconsistent with section 104 (b) or not exceed 50 percent of the total cost of (3) Reclaiming the Salton Sea will provide (c). that construction. national and international benefits. (3) PROJECT DESIGN CALCULATIONS.—In (3) COST SHARING AGREEMENT.—The Sec- (4) The Federal, State, and local govern- making Project design calculations, the Sec- retary may not initiate construction of the ments have a shared responsibility to assist retary shall apply assumptions regarding Project unless the Secretary, the Governor in the reclamation of the Salton Sea. water inflows into the Salton Sea Basin of California, and the Salton Sea Authority SEC. 3. DEFINITIONS. that— enter into an agreement that— In this Act: (A) encourage water conservation; (A) adopts the cost sharing formula for an- (1) The term ‘‘Committees’’ means the (B) account for transfers of water out of nual operation, maintenance, energy, and re- Committee on Resources and the Committee the Salton Sea Basin; placement costs that is included in the rec- on Transportation and Infrastructure of the (C) are based on the maximum likely re- lamation plan approved by the Committees House of Representatives and the Committee duction in inflows into the Salton Sea Basin; under subsection (d); and on Energy and Natural Resources and the and (B) implements the cost sharing require- Committee on Environment and Public (D) include the assumption that inflows ment under paragraph (2) of this subsection Works of the Senate. into the Salton Sea Basin could be reduced for construction costs. (2) The term ‘‘Project’’ means the Salton to 800,000 acre-feet or less per year. (4) LIMITATION ON EXPENDITURE OF FEDERAL Sea reclamation project authorized by sec- (4) CONSIDERATION OF COSTS.—In evaluating FUNDS.—No Federal funds may be expended tion 101. the feasibility of options, the Secretary shall for any construction activity under the (3) The term ‘‘Salton Sea Authority’’ consider the ability of Federal, tribal, State Project unless there are available to the Sec- means the Joint Powers Authority by that and local government sources and private retary from non-Federal sources amounts name established under the laws of the State sources to fund capital construction costs sufficient to pay the non-Federal share of of California by a Joint Power Agreement and annual operation, maintenance, energy, the cost of the activity. signed on June 2, 1993. and replacement costs. In that consider- (f) RELATIONSHIP TO OTHER LAW.— (4) The term ‘‘Secretary’’ means the Sec- ation, the Secretary may apply a cost shar- (1) RECLAMATION LAWS.—Activities author- retary of the Interior, acting through the ing formula to annual operation, mainte- ized by this Act or any other law to imple- Bureau of Reclamation. nance, energy, and replacement costs that is ment the Project shall not be subject to the TITLE I—SALTON SEA RECLAMATION different than the formula that applies to Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 391 PROJECT construction costs under subsection (e). et seq.), and Acts amendatory thereof and supplemental thereto. Amounts expended for SEC. 101. SALTON SEA RECLAMATION PROJECT (5) INTERIM REPORT.—Not later than 270 AUTHORIZATION. days after the date of enactment of this Act, those activities shall be considered non- (a) IN GENERAL.—The Secretary, in accord- the Secretary shall submit to the Congress reimbursable for purposes of those laws. Ac- ance with this section, shall undertake a an interim report on the study. The interim tivities carried out to implement the Project project to reclaim the Salton Sea, Califor- report shall include— and the results of those activities shall not nia. (A) a summary of the options considered in be considered to be a supplemental or addi- (b) PROJECT REQUIREMENTS.—The Project the study for the reclamation of the Salton tional benefit for purposes of the Reclama- shall— Sea; and tion Reform Act of 1982 (96 Stat. 1263; 43 (1) reduce and stabilize the overall salinity (B) any preliminary findings regarding pre- U.S.C. 390aa et seq.). of the Salton Sea; ferred options for reclamation of the Salton (2) PRESERVATION OF RIGHTS AND OBLIGA- (2) stabilize the surface elevation of the Sea. TIONS WITH RESPECT TO THE COLORADO Salton Sea; (6) REPORT AND PLAN.—Not later than 18 RIVER.—This Act shall not be considered to (3) reclaim, in the long term, healthy fish months after funds have been made available supersede or otherwise affect any treaty, and wildlife resources and their habitats; to carry out the feasibility study under this law, or agreement governing use of water (4) enhance the potential for recreational subsection, the Secretary shall— from the Colorado River. All activities to uses and economic development of the (A) submit to the Committees a report on implement the Project under this Act must Salton Sea; and the findings and recommendations of the fea- be carried out in a manner consistent with (5) ensure the continued use of the Salton sibility study, including— rights and obligations of persons under those Sea as a reservoir for irrigation drainage. (i) the reclamation plan for the Salton Sea treaties, laws, and agreements. (c) FEASIBILITY STUDY.— pursuant to paragraph (1), including a cost (3) JUDICIAL REVIEW.—Any complaint or (1) IN GENERAL.—(A) The Secretary shall sharing formula for operation and mainte- challenge of any decision, action, or author- promptly initiate a study of the feasibility of nance; and ization taken pursuant to this Act shall be various options for meeting the require- (ii) complete specifications of the con- filed in a United States district court within ments set forth in subsection (b). The pur- struction activities to be carried out under 60 days after the date of the decision, action, pose of the study shall be to select 1 or more subsection (e), that are sufficient to use for or the authorization. Such court shall have practicable and cost-effective options and to soliciting bids for those activities, including jurisdiction to resolve any complaint or develop a reclamation plan for the Salton professional engineering and design speci- challenge in accordance with chapter 7 of Sea that implements the selected options. fications and drawings and professional engi- title 5, United States Code, except that the (B)(i) The Secretary shall carry out the neer cost estimates; and court shall expedite its review as necessary feasibility study in accordance with a memo- (B) complete all environmental compliance to ensure that remedial actions at the randum of understanding entered into by the and permitting activities required for those Salton Sea are not unduly or inappropriately Secretary, the Salton Sea Authority, and the construction activities. delayed. If a temporary restraining order or Governor of California. (d) CONGRESSIONAL REVIEW OF REPORT AND preliminary injunction is entered into by a (ii) The memorandum of understanding RECLAMATION PLAN.— court, the court shall proceed to a final judg- shall, at a minimum, establish criteria for (1) REVIEW BY COMMITTEES.—After receipt ment in the matter within 90 days there- evaluation and selection of options under of the report of the Secretary under sub- after. subparagraph (A), including criteria for de- section (c)(6), each of the Committees shall— (4) LIMITATION ON LIABILITY.—(A) In regard termining the magnitude and practicability (A) adopt a resolution approving the rec- to any actions, programs, or projects imple- of costs of construction, operation, and lamation plan included in the report; or mented by the Secretary under the authority maintenance of each option evaluated. (B) adopt a resolution disapproving the of this Act, the Imperial Irrigation District (2) OPTIONS TO BE CONSIDERED.—Options reclamation plan and stating the reasons for and Coachella Valley Water District shall considered in the feasibility study— that disapproval. not be liable for any damages arising from— July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5549 (i) enlargement of the Salton Sea and the (C) any combination of subparagraphs (A) Stat. 105), the Colorado River Basin Project encroachment of water onto adjacent lands; and (B); Act (82 Stat. 885), including the Criteria for (ii) reduction of the elevation of the Salton as specified in appropriations Acts. Coordinated Long Range Operation of Colo- Sea, including exposure of lakebed sediments rado River Reservoirs and the Annual Oper- SEC. 102. CONCURRENT WILDLIFE RESOURCES to the environment; or STUDIES. ating Plans developed thereunder, the San (iii) any other occurrence which might re- Luis Rey Indian Water Rights Settlement (a) IN GENERAL.—The Secretary shall pro- sult in a claim of damage by any owner of vide for the conduct, concurrently with the Act (102 Stat. 4000), any contract entered property adjacent to the Salton Sea or any feasibility study under section 101(c), of into pursuant to section 5 of the Boulder other person. studies of hydrology, wildlife pathology, and Canyon Project Act, or any other entitle- (B) No person, including the Imperial Irri- toxicology relating to wildlife resources of ment to the use of the Colorado River exist- gation District, California, the Coachella the Salton Sea by Federal and non-Federal ing pursuant to or recognized by Federal Valley Water District, California, the Salton entities. law. Furthermore, nothing contained in this Sea Authority, the Metropolitan Water Dis- Act shall be construed as indicating an in- (b) SELECTION OF TOPICS AND MANAGEMENT trict of Southern California, and the San tent on the part of the Congress to change OF STUDIES.— Diego County Water Authority, but not in- the existing relationship of Federal law to (1) IN GENERAL.—The Secretary shall estab- cluding the Government of the United lish a committee to be known as the ‘‘Salton the laws of the States or political subdivi- States, shall be liable for damages arising Sea Research Management Committee’’. The sions of a State with regard to the diversion from any effects to the Salton Sea or its bor- committee shall select the topics of studies and use of Colorado River water, or to re- dering area resulting from— under this section and manage those studies. lieve any person of any obligation imposed (i) cooperation with the Secretary in re- by any law of any State, tribe, or political (2) MEMBERSHIP.—The committee shall gard to any actions, programs, or projects consist of the following 5 members: subdivision of a State. No provision of this implemented pursuant to this Act; (A) The Secretary. Act shall be construed to invalidate any pro- (ii) any action to comply with an order of (B) The Governor of California. vision of State, tribal, or local law unless the Secretary under this Act, a State or Fed- (C) The Executive Director of the Salton there is a direct conflict between such provi- eral court, or a State or Federal administra- Sea Authority. sion and the law of the State, or political tive or regulatory agency interpreting this (D) The Chairman of the Torres Martinez subdivision of the State or tribe, so that the Act; or Desert Cahuilla Tribal Government. two cannot be reconciled or consistently (iii) any other action that reduces the vol- (E) The Director of the California Water stand together. ume of water that flows directly or indi- Resources Center. (b) LIMITATION ON COLORADO RIVER rectly into the Salton Sea. WATER.—Nothing in this Act shall be con- (c) COORDINATION.—The Secretary shall re- (C) This title shall not be construed to ex- quire that studies under this section are co- strued to enlarge an existing entitlement or empt any person, including the Imperial Irri- ordinated through the Science Subcommit- to create a new entitlement to Colorado gation District, California, the Coachella tee which reports to the Salton Sea Research River water for California or any user there- Valley Water District, California, the Salton Management Committee. In addition to the in. (c) FLOOD FLOWS.—In no event shall Colo- Sea Authority, the Metropolitan Water Dis- membership provided for by the Science Sub- rado River water be diverted for Salton Sea trict of Southern California, and the San committee’s charter, representatives shall restoration except as provided in this sub- Diego County Water Authority, from— be invited from the University of California, section. Diversion into the All-American (i) any requirements established under the Riverside; the University of Redlands; San Canal for delivery directly to the Salton Sea California Environmental Quality Act or the Diego State University; the Imperial Valley of flood flows in the Colorado River that are National Environmental Policy Act of 1969 College; and Los Alamos National Labora- required by the Water Control Manual for (42 U.S.C. 4321 et seq.); or tory. (ii) any obligations otherwise imposed by Flood Control, Hoover Dam and Lake Mead, (d) PEER REVIEW.—The Secretary shall re- Colorado River, Nevada-Arizona, adopted law. quire that studies under this section are sub- February 8, 1984, and which would pass to (D) The limitation on liability of the jected to peer review. United States contained in section 3 of the Mexico in excess of the amount required to (e) AUTHORIZATION OF APPROPRIATIONS.— be delivered pursuant to the Mexican Water Act entitled ‘‘An Act for the control of For wildlife resources studies under this sec- Treaty and Minute 242 thereunder may be floods on the River and its tribu- tion there are authorized to be appropriated made available to carry out the purposes of taries, and for other purposes’’, approved to the Secretary from the land and water this Act. The volume of water diverted pur- May 15, 1928 (chapter 569; 33 U.S.C. 702c), conservation fund $5,000,000. shall not apply to surplus flood flows that suant to this subsection shall be limited to are diverted to the Salton Sea pursuant to SEC. 103. SALTON SEA NATIONAL WILDLIFE REF- the excess capacity of the All-American UGE RENAMED AS SONNY BONO this Act. SALTON SEA NATIONAL WILDLIFE Canal to carry such flood flows after, and as, (g) AUTHORIZATION OF APPROPRIATIONS.— REFUGE. it has been used to meet existing obligations. (1) IN GENERAL.—There are authorized to be (a) REFUGE RENAMED.—The Salton Sea Na- The diversion of water from time to time appropriated to carry out the Project the fol- tional Wildlife Refuge, located in Imperial under this subsection shall not give rise to lowing: County, California, is hereby renamed and any ongoing right to the recurrent use of (A) For the feasibility study under sub- shall be known as the ‘‘Sonny Bono Salton such waters or the All American Canal or fa- section (c), including preparation and any re- Sea National Wildlife Refuge’’. cilities. vision of the reclamation plan under sub- (b) REFERENCES.—Any reference in any TITLE II—EMERGENCY ACTION TO IM- sections (c) and (d), and completion of envi- statute, rule, regulation, executive order, PROVE WATER QUALITY IN THE ALAMO ronmental compliance and permitting re- publication, map, or paper or other docu- RIVER AND NEW RIVER quired for construction of the Project, ment of the United States to the Salton Sea SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGA- $22,500,000. National Wildlife Refuge is deemed to refer TION DRAINAGE WATER. (B) For construction of the Project in ac- to the Sonny Bono Salton Sea National (a) RIVER ENHANCEMENT.— cordance with a reclamation plan approved Wildlife Refuge. (1) IN GENERAL.—The Secretary is author- by the Committees, $350,000,000. SEC. 104. RELATIONSHIP TO OTHER LAWS AND ized and directed to promptly conduct re- (2) ALLOCATION OF APPROPRIATIONS.— AGREEMENTS GOVERNING THE COL- search and construct river reclamation and Amounts authorized under paragraph (1)(B) ORADO RIVER. wetlands projects to improve water quality may be appropriated to the Administrator of (a) PRESERVATION OF RIGHTS AND OBLIGA- in the Alamo River and New River, Imperial the Environmental Protection Agency and TIONS WITH RESPECT TO THE COLORADO County, California, by treating water in the Secretary of the Interior in amounts RIVER.—Nothing in this Act shall be con- those rivers and irrigation drainage water that ensure that neither the Administrator strued to alter, amend, repeal, modify, inter- that flows into those rivers. nor the Secretary is appropriated substan- pret, or to be in conflict with the provisions (2) ACQUISITIONS.—The Secretary may ac- tially all of the Project construction costs. of the Colorado River Compact (45 Stat. quire equipment, real property, and interests (3) APPROPRIATIONS TO THE ADMINISTRATOR 1057), the Upper Colorado River Basin Com- in real property (including site access) as OF THE ENVIRONMENTAL PROTECTION AGENCY.— pact (63 Stat. 31), the Water Treaty of 1944 needed to implement actions under this sec- Amounts appropriated under paragraph with Mexico (Treaty Series 944, 59 Stat. 1219 tion if the State of California, a political (1)(B) to the Administrator of the Environ- and Minute 242 thereunder), the Colorado subdivision of the State, or Desert Wildlife mental Protection Agency shall be directly River Basin Salinity Control Act of 1974 (94 Unlimited has entered into an agreement available to the Secretary. Stat. 1063), the Flood Control Act of 1944 (58 with the Secretary under which the State, (4) APPROPRIATIONS TO THE SECRETARY OF Stat. 887), the decree entered by the United subdivision, or Desert Wildlife Unlimited, re- THE INTERIOR.—Amounts appropriated under States Supreme Court in Arizona v. Califor- spectively, will, effective 1 year after the paragraph (1)(B) to the Secretary may be— nia, et al. (376 U.S. 340) (1964) and decrees date that systems for which the acquisitions (A) derived from the land and water con- supplemental thereto, the Boulder Canyon are made are operational and functional— servation fund; Project Act (45 Stat. 1057), the Boulder Can- (A) accept all right, title, and interest in (B) appropriated to the Bureau of Reclama- yon Project Adjustment Act (45 Stat. 774), and to the equipment, property, or interests; tion; or the Colorado River Storage Project Act (70 and H5550 CONGRESSIONAL RECORD — HOUSE July 15, 1998 (B) assume responsibility for operation and This legislation will provide the au- It is true we have ignored this impor- maintenance of the equipment, property, or thority to deal with issues affecting sa- tant environmental problem for several interests. linity and water levels at the Salton decades, but that is even more reason (3) TRANSFER OF TITLE.—Not later than 1 Sea. A great deal of work has been why we should not rush in to a remedi- year after the date a system developed under this section is operational and functional, done to evaluate the causes of in- ation without completing the nec- the Secretary shall transfer all right, title, creased salinity as well as the periodic essary studies that we need to conduct. and interest of the United States in and to inundation and exposure of lands Therefore, I urge support of the Miller- all equipment, property, and interests ac- around the Sea. If we are ever to find Brown amendment and I urge a ‘‘no’’ quired for the system in accordance with the and implement the solutions, the time vote on this legislation if that amend- applicable agreement under paragraph (2). for action is upon us. Water quality is ment does not pass. (4) MONITORING AND OTHER ACTIONS.—The at an all time low. The Sea can no Mr. CALVERT. Mr. Speaker, I yield 4 Secretary shall establish a long-term mon- longer serve as the recreation resource minutes to the gentleman from Califor- itoring program to maximize the effective- it once was, and wildlife populations ness of any wetlands developed under this nia (Mr. HUNTER), a gentleman who has title and may implement other actions to continue to be adversely affected. a substantial portion of the Sea in his improve the efficacy of actions implemented Land, recreational, and ecological Congressional District and who has the pursuant to this section. values associated with the Sea have de- privilege to represent Imperial County. (b) COOPERATION.—The Secretary shall im- clined over the last two decades, due in Mr. HUNTER. Mr. Speaker, I thank plement subsection (a) in cooperation with large part to the rising salinity and my friend for yielding to me, and I the Desert Wildlife Unlimited, the Imperial surface elevation. Without efforts to want to thank the gentleman from Irrigation District, California, and other in- reduce and stabilize the salinity levels, California (Mr. ) for his terested persons. they will continue to rise and will have great work, along with the gentleman (c) CLEAN WATER ACT.—No permit shall be severe impacts on surrounding land- required under section 402 of the Federal from California (Mr. GEORGE BROWN) Water Pollution Control Act (33 U.S.C. 1342) owners, individuals who wish to use the and the gentleman from California (Mr. for a wetlands filtration or constructed wet- Sea for recreation, and the existing JERRY LEWIS), and, of course, the gen- lands project authorized by subsection (a)(1) fish and wildlife species. tlewoman from California (Mrs. MARY of this section. H.R. 3267 establishes the process for BONO) in putting this bill together. (d) AUTHORIZATION OF APPROPRIATIONS.— determining and implementing an en- This thing is really beyond being a For river reclamation and other irrigation gineering solution to save the Sea, remediation of a terrible problem. This drainage water treatment actions under this while also continuing the analysis to section, there are authorized to be appro- total project, including the Salton Sea evaluate and ensure the long-term and the New River, is going to create priated to the Secretary from the land and health of the Sea’s wildlife popu- water conservation fund $3,000,000. one of the biggest wetlands in the The SPEAKER pro tempore. After 1 lations. Additionally, this measure will United States. This is great news for hour of debate on the bill, as amended, authorize a water reclamation project people that love wildfowl and water- along the New and Alamo Rivers, the it shall be in order to consider the fur- fowl and all the bird species. There are major sources of water flowing into the ther amendment printed in the CON- some 380 bird species that utilize the Sea. GRESSIONAL RECORD, if offered by the Salton Sea. With that, Mr. Speaker, we obviously As the gentleman from California gentleman from California (Mr. MIL- are in favor of moving this bill and op- LER), or his designee, which shall be (Mr. DUKE CUNNINGHAM) said, it is a posing the Miller substitute. major piece of the Pacific flyway. It is considered read and debatable for 1 Mr. Speaker, I reserve the balance of a stop-over. In Imperial Valley, in fact, hour, equally divided and controlled by my time. the proponent and an opponent. Mr. MILLER of California. Mr. we actually have a bird festival, a wa- The gentleman from California (Mr. Speaker, I yield such time as she may terfowl and bird festival, that attracts DOOLITTLE) and the gentleman from consume to the gentlewoman from Col- now thousands of people because the California (Mr. MILLER) each will con- orado (Ms. DEGETTE). south end of the Salton Sea is one trol 30 minutes of debate on the bill. Ms. DEGETTE. Mr. Speaker, I thank place where they stop on that sojourn The Chair recognizes the gentleman gentleman for yielding me this time, from Canada, in some cases down to from California (Mr. DOOLITTLE). and I rise today in opposition to this Mexico, in other cases all the way Mr. DOOLITTLE. Mr. Speaker, I am bill, reluctantly, because I believe that down to Central and South America. going to yield my time to the gen- there is a great need in the Salton Sea We are going to build, along the 50 tleman from California (Mr. CALVERT) if we can begin to remediate all of the miles of desert river, from where New for purposes of control. problems that it has. However, the leg- River enters the United States at The SPEAKER pro tempore. Without islation, as drafted, contains a number Calexico and Mexicali, we are going to objection, the gentleman from Califor- of anti-environmental provisions which build 50 miles of marshes. And through nia (Mr. CALVERT) will control the could jeopardize the Sea’s revitaliza- those marshes we are going to sift New time. tion. River. There was no objection. This bill provides unneeded exemp- So we really have three legs to this Mr. CALVERT. Mr. Speaker, I yield tions from the Clean Water Act, it project. One is a desalinization prob- myself such time as I may consume. places time limits to judicial review lem. And that is the idea of diluting Mr. Speaker, I thank my friend from associated with the project, and it im- this salt before it gets up to 60,000 parts California. As my colleagues can prob- properly uses the Land and Water Con- per million and kills the Sea. ably tell, he is not feeling well and so servation Fund to fund its cleanup. The The other part of this project, of I will fill in for our able friend from LWCF provides funding for acquisition course, is the Mexicali project. And California. I have a statement to read of high priority lands, and by diverting that is the part I have talked to the on his behalf. up to $350 million from the LWCF to gentleman from California (Mr. Mr. Speaker, I appear on behalf of the Salton Sea project, it jeopardizes GEORGE MILLER) about, in many cases, the gentleman from Alaska (Mr. DON the acquisition and protection of other and that is the part in which we join YOUNG) for consideration of H.R. 3267, high priority lands across the country. with Mexico, which we are doing right authored by our colleague the gen- In fact, this funding exceeds the total now, to wean the Mexican sewage sys- tleman from California (Mr. DUNCAN of $270 million that Congress appro- tem in Mexicali, Mexico, off the New HUNTER). priated in fiscal year 1998 for LWCF ac- River. Right now that system still As many of my colleagues are aware, quisitions. breaks down at times and pours stuff restoration of the Salton Sea was a pri- Consequently, I am supporting the into New River, and that waste ulti- mary concern of our late colleague, Miller-Brown amendment, which au- mately makes it way up to the Salton Sonny Bono. This bill, H.R. 3267, the thorizes an exhaustive 18-month study Sea. So we are doing a totally new Sonny Bono Memorial Salton Sea Rec- of the problems of the Salton Sea, com- project with Mexico. lamation Act, is designed to promote bining both science and engineering And, lastly, we are doing the third Sonny’s dream of quickly and effec- considerations, to determine the best leg, of course, which is this 50 miles of tively restoring the Salton Sea. solution. desert river that we are going to build July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5551 into 50 miles of marshes that will host are going to do that, and the sugges- b 1745 hundreds of bird species and be an tions are being made here in advance of And that has been true, and that is enormous boon to everyone who loves those studies, and that is a problem we the life of these projects, whether this wildlife and loves conservation. This is have. is the central Arizona projects, the a great, great program. In 1992, we tried to step up those Central Valley project in California, And I just want to say one last thing, studies and we passed legislation to the central Utah project, the Garrison and that is simply that we had to have step up those studies but, unfortu- project. All of these were projects in an exemption to the Clean Water Act nately, the appropriations for those the hundreds of millions of dollars because we cannot clean a river with studies have not been forthcoming. So where we ended up having to come marshes, according to the lawyers, here we are again now asking the Sec- back later and make major, major under the Clean Water Act. It says if retary of the Interior to engage in changes because of the unforeseen con- we take out the first bucketful of these studies and to report back to us sequences and because of inadequate water, we have to return it in drinking in 18 months. studies and because of an overwhelm- water form. And using marshes to The substitute that the gentleman ing political pressure to get this done. clean up rivers, which is environ- from California (Mr. GEORGE BROWN) Whatever it is that we do that we mentally accepted, is an incremental and I will offer to this legislation later want to get done should be done based process. Some of the river is cleaned up in the debate does exactly that. It co- upon the sciences, and the Congress in the first mile, some of the river in ordinates a project, scientific studies, should have the opportunity to review the second mile, some of the river in for 18 months, some of which the Sec- that and then to authorize, and the key the third mile. retary of the Interior has already word there is to ‘‘authorize,’’ as the There are bull rushes, there are duck started to undertake, and it requires Justice Department points out in the weed, there are pond weed, and all this an interim report after 9 months delin- President’s statement of administra- various aquatic plants that take the eating what they think some of the al- tion policy. That is the order. That is bad stuff out of the water. Our environ- ternatives will be and what the status what the Constitution requires. mentalists like that process. Unfortu- of those alternatives and the studies I think, in fact, that the Miller- nately, when we wrote the law up here are, and to have oversight hearings and Brown substitute will speed this proc- as congressmen, we made a little mis- to identify additional authorities if ess up because I think that is the alter- take and we made it so tight that we they need it. This puts the studies on native that has the best chance of cannot use marshes to clean up rivers. the same timetable. being taken up in the Senate and So we have what ‘‘60 Minutes’’ has passed by the Senate. This legislation Then we would do what I think this called the most polluted river in North will probably not pass the Senate. The bill does unconstitutionally, we would America. chairman of the committee over there then come to the Congress, to the Com- So let us use that good old common has said that he opposes this legisla- mittee on Resources, and ask them sense. We really worked with the envi- tion. Our two Senators have opposed what is this project that we want au- ronmental community in putting this this legislation. Senator LOTT says if it thorized; do we want to authorize this thing together. We extended the time, is controversial and takes more than project or do we not; do we want it this the study period, from 12 to 18 months, an hour, it probably will not go to the scale, smaller; or if there is going to be because Secretary Babbitt thought he floor in the Senate. needed 18 months. Instead of blocking alternatives which the studies lay out, So the purpose here of the gentleman which alternative do we want to do. judicial review, we cannot have people from California (Mr. BROWN) and my- sue in Federal Court every day until I think that is simply a prudent use self is to offer an amendment that we the Sea dies, so we just told the court of the taxpayers’ money. It does not think preserves the intent, the pur- to expedite that review. If somebody slow this project down at all unless we poses and the outcomes that everybody sues, give them their day in court, but believe that somehow by doing it this wants with respect to the Salton Sea in do not wait years to bring them to way today they are stealing the money California, but does it, I think, in a court while the Sea dies. We think that and Members of Congress will not un- simpler manner, in a more timely fash- is reasonable. That is something a lot derstand that we are talking about $380 ion, and one that is geared toward of environmentalists should like, the million in a single project. Then I greater chance of success as the closing fact that we are going to clean this guess we want to do it today. Other- days of this session come into sight. thing up so it does not languish in wise, we would do it in the regular And that is an important part of this courts. So we have touched on all those order, as all Members of Congress do consideration. bases. when they are representing projects Finally, I would just say that no And once again I want to thank the that they are interested in. matter what funds we look at with re- gentleman from California (Mr. CAL- For those reasons and for those dis- spect to this project, whether the VERT), the gentlewoman from Califor- tinctions between the bill, that is why money comes out of the Atlanta Water nia (Mrs. BONO), and the gentleman the administration opposes this legisla- Conservation Fund or whether the from California (Mr. LEWIS), who has tion. That is why almost every major money comes out of EPA or the money really been a driver in this process; but environmental group opposes this leg- comes out of the Bureau of Reclama- also the gentleman from California islation. It is why Taxpayers for Com- tion, we are talking about a major, (Mr. ), who came over mon Sense oppose this legislation. Be- major commitment of funds in this day here pretty much under the weather cause we have a terrible history in this and age. and really worked with us as we were Congress of authorizing water projects As every Member can tell us, as they putting this thing together. This is a sometimes that are not thoroughly line up before the Committee on Appro- great bill. Let us pass it and let us cel- studied, and we go back and spend bil- priations and ask for small amounts of ebrate for the environment. lions of dollars trying to correct the money to keep projects going, this one Mr. MILLER of California. Mr. mistakes that were made because we is a major commitment of any of the Speaker, I yield myself such time as I did not put the proper foresight into funds within any of those budgets with may consume. them, or because we had the political respect to construction projects in this Let me just say that I hope that this rush on to do something that over- day and age and in the budget con- debate does not get redundant, because whelmed our good judgment, over- straints that we have. And I think that I think there is a point at which, obvi- whelmed the science, and then we is another reason why we owe the regu- ously, both parties to this debate be- ended up funding something that, in lar order to the Members of Congress lieve that these studies should, in fact, fact, did not work, and either spent a and to the taxpayers to do the studies be conducted so that we can make lot of time with the Federal Govern- and then come back and, if we deter- some determinations about how to ment inheriting a huge amount of li- mine it is justified, to reauthorize the clean up the Salton Sea, if in fact that ability or trying to correct horrible en- project and to do it without all of these is possible to do. But we have already vironmental consequences of these offenses to the Clean Water Act, to the heard some suggestions about how we projects. questions of liability of the Federal H5552 CONGRESSIONAL RECORD — HOUSE July 15, 1998 taxpayers if things go wrong in this Conservation Funds for this project. I sion to commit $350 million, that is project and to holding other people would hope that that would address the called for in this legislation. harmless who should have a stake in principal concern of so many of my col- Mr. Speaker, I yield such time as he this legislation. leagues and will enable them to sup- may consume to the gentleman from For those reasons, Mr. Speaker, when port the bill. Oregon (Mr. DEFAZIO). the time is appropriate, the gentleman I would like to remind my colleagues Mr. DeFAZIO. Mr. Speaker, I thank from California (Mr. BROWN) and my- that the League of Conservation Voters the gentleman for yielding. self will be offering an amendment and the Audubon Society have stated For some reason, long ago, sometime when it is allowed under the rule. repeatedly that the Salton Sea is an when I was very young, I became aware Mr. Speaker, I reserve the balance of environmental disaster. We are here of the Salton Sea and became kind of my time. today to take a critical step towards fascinated with this inland body of Mr. CALVERT. Mr. Speaker, I yield 4 addressing this environmental disaster. water created by a manmade engineer- minutes to my good friend the gen- Some, instead of action now, will ad- ing mistake and had been saddened in tleman from upstate New York (Mr. vocate a lengthy study of the problem later life to see its incredible degrada- BOEHLERT). that the environmental community tion, and in particular the highly pub- (Mr. BOEHLERT asked and was given concluded years ago to be an environ- licized die-off of large numbers of mi- permission to revise and extend his re- mental disaster. This reminds me of gratory birds. marks.) the acid rain debate of the 1980s when This is a very prime stopping point Mr. BOEHLERT. Mr. Speaker, I rise Governor Tom Kean, Governor of New for migratory birds, so not only would this afternoon in support of this Sonny Jersey, said if all we do is continue to it be a tremendous resource for the Bono Memorial Salton Sea Reclama- study the problem, we are going to end people of southern California in terms tion Act. up with the worst documented environ- of its recreational values and environ- The legislation before us today au- mental disaster in history. mental values, but also for migratory thorizes significant new resources to We know the problem and we know birds and things that would benefit all improve water quality and habitat for the solution. I think the time to begin of us in the United States by having it wildlife in and around the largest body cleaning up the Salton Sea is long appropriately restored to health. of water in America’s most populous overdue. Let us get on with the job, That being said, we have a common State. Though concerns have been ex- and let us pay tribute in a responsible objective. The problem here is the pressed by some about the way in way to a former colleague who served process. And I have got to say that I which this project will be funded, and in many respects as an inspiration to a am a bit puzzled by recent actions in we are going to address that in a mo- lot of us in a lot of ways. And let us say the committee on which I have served ment, there is no question that this to the sitting Member who represents now for more than 11 years, formerly bill will result in substantial improve- that district who is advocating this called the Interior Committee and for- ment to a unique natural resource. legislation, she is doing a good job and merly called Natural Resources, now This legislation will result in the cre- we appreciate it and we are with her. called Resources. And I guess therein ation of extensive new wetlands criti- Mr. MILLER of California. Mr. lies the rub. The current chairman re- cal to migrating waterfowl in the Pa- Speaker, I yield myself 2 minutes just moved the word ‘‘natural’’ from the cific flyway. Thousands of ducks and in response. title because he took some offense to geese and shore birds visit the Salton First of all, let us understand that that, and things have been a little bit Sea each year. They do so now at their the timetables for the studies is identi- weird ever since. own peril. cally the same. The difference is that That is what is going on here today. This legislation will result in the re- we asked for a coordination of the sci- We are considering a number of bills moval of tons of pollutants daily that entific studies and the salinity studies tomorrow in the Subcommittee on are now flowing into the Salton Sea. to see whether or not we can, in fact, Water and Power that have some merit This legislation will protect and im- come up with a solution. in terms of turning over reclamation prove habitat for the birds and fish The bill offered by the majority only projects to local districts, but the that depend on the Salton Sea for their deals with salinity. The birds and the chairman of the subcommittee is going survival. Indeed, I can make a good fish are dying off today. It is not the to insist on environmental waivers, case that this legislation is salinity itself that is killing them. The which the President has promised will proenvironment. salinity will get worse and in all likeli- bring about vetoes on all of those, no As this legislation was being devel- hood will have a greater adverse im- matter what merit they might have. oped, concerns were raised about its pact on the fish kills and the bird die- I have the same problem with this Clean Water Act provisions. As the offs. legislation before us. Why not work out chairman of the House Subcommittee But that is the point of how we con- the differences with the administra- on Water Resources and Environment, structed the study. So we have the in- tion? I worked with both the majority and formation. There is no requirement in I know that the majority does not minority members of the Committee the bill to require the Secretary to like the reality of Bill Clinton in the on Resources to address the concerns consider all the available findings and White House. There are some days I do presented. reports that the science subcommittee not like the reality of Bill Clinton in The bill before us explicitly limits established pursuant to this legisla- the White House. Other days it is okay. changes to the Clean Water Act’s per- tion. And we think that this is a very The point is, it is a reality, and we mitting process to constructed wetland important part, because when we talk have a lengthy statement of adminis- projects, salt removal projects, and to the scientists, the scientists will tell tration policy here which is pretty de- wetlands filtration projects on the us that it is not the salinity alone that finitive. There are some problems we Alamo and New Rivers, the two pri- is the problem. The salinity is an egre- have to work out. Why not work out mary tributaries into the Salton Sea. gious problem, but it does not solve the these problems and achieve our com- The bill also contains measures pro- problem of the Salton Sea. mon objective, which is to clean up the tecting Good Samaritans who under- So people obviously can say whatever Salton Sea? take water quality improvement they want, but they should not suggest I think that this was a great dream projects on the Alamo and New Rivers that somehow this legislation is a di- of our deceased member, and I fully am from lawsuits. Again, the inclusion of version to lengthy studies. The time supportive of that dream. I would love these measures was to expedite the frame is the same. The studies are the to see it come to fruition in my life- pace of environmental restoration at same. The coordination is better. And time, and I would like to see it happen the Salton Sea. the report back and the interim ac- without a lot of unnecessary delay, but In a few minutes, there will be of- tions by the Secretary during those 18 there are substantive concerns here. fered for unanimous consent language months study so Congress will have the I am pleased to hear from the pre- deleting the single largest outstanding fullest amount of evidence and the best vious speaker that they are going to concern, the use of Land and Water evidence available as they make a deci- drop the proposal that the money come July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5553 out of the Land and Water Conserva- today, not just something symbolic, work in bringing H.R. 3267 to the House floor tion Funds. That would have been an something that actually will be en- today. This bill is a fitting tribute to my good unprecedented expenditure, and that is acted into law. friend, the late Sonny Bono. H.R. 3267 is a fine. I am happy to find the money Too many times that I have been good bill and I urge my colleagues to vote elsewhere in the budget. I can come up here, both with my own party in charge ``yes'' on this important piece of legislation. with some budgetary offsets to fund and now with the Republicans in Mr. CALVERT. Mr. Speaker, I yield 2 this, if it costs $350 million or half a charge, we do things for the day or for minutes to the gentleman from San billion or less. I do not know what it is the moment or to say we passed them Diego, California (Mr. CUNNINGHAM). going to cost, because the other con- out of the House of Representatives. Mr. CUNNINGHAM. Mr. Speaker, too cern here is I do not know that we Does not do us a lot of good if they do often we hear about the wetlands, not know the solution at this point in not get through the United States Sen- too often because wetlands have been time. ate and they do not get signed by the denigrated. But a plant in the middle From what I heard in the committee President of the United States. And a of the desert, because it flourishes for a and in the deliberations in the commit- number of the problems that I am few weeks, is not a wetland, or some- tee, we are not quite certain of how we pointing out here that are addressed by thing that is frozen at the top of a are going to go forward, what tech- the Miller substitute are problems that 12,000 foot peak for the last thousand nology or which one of these methods are going to cause problems in the years in my opinion is not a wetland. will work, what exactly are all the other body and are going to cause big But the opponents say that they oppose interrelationships between the salinity problems downtown. this bill, and yet it creates 50 miles of and the other pollution problems, the So I would just urge us to move wetlands complete with marshes that bird die-offs. None of this is totally ex- ahead deliberately with what I believe purify and clean the environment, 50 plicable. is probably the intent of all Members new miles with marshes that create I do not think that the Miller bill is of this body, and that is to get this job wetland. The wetland that is saved and being offered in the spirit of trying to done as expeditiously as possible and enhanced is the size of the Beltway delay the cleanup. It is not being of- honor the memory of our diseased col- here in Washington, D.C. fered because of some sort of pride of league. Mr. Speaker, we are not talking authorship. It is a genuine attempt to Mr. CALVERT. Mr. Speaker, I yield about a farm pond. We are talking get this thing done this year by this such time as he may consume to the about a sea so big that if we were in a Congress and move it forward so that gentleman from Illinois (Mr. EWING). boat, it is like being in an ocean. I have we can all live to see the cleanup of the (Mr. EWING asked and was given per- been there, and I think the gentleman Salton Sea. That is what is going on mission to revise and extend his re- from California (Mr. MILLER) has, too. here. marks.) But we are actually creating good with These are not insignificant concerns. I would like to thank Representatives' MARY the wetlands. There is probably a constitutional BONO, DUNCAN HUNTER, and KEN CALVERT, as The Miller substitute would study, problem with the way this bill is being well as the rest of my colleagues who worked and I agree there are other problems written by the manager’s amendment diligently to bring H.R. 3267 ``The Sonny Bono besides salinity with the Salton Sea. to require that the committees of juris- Memorial Salton Sea Restoration Act'' to the Agriculture is mostly to the south, diction basically sign off on the final floor today. though. Around the Salton Sea, if my project, and the Secretary would be This is an important piece of legislation colleagues have gone, it is all desert. subject to a resolution of the commit- which I am proud to be a cosponsor of. The pollution comes in through the tees, not of the entire Congress. The Salton Sea, located in both Riverside New River, and down, and filters, and I have been down that road with and Imperial counties in California, is the that is what we are going to fix, but other legislation. That does not stand State's largest inland body of water. up to scrutiny. If some obstructive per- It has been determined that the Salton Sea the farmlands are way to the south. son wants to sue, they can delay this has about only 12 years of life left before it They flow toward Mexico. They do not thing for years just because of that becomes a dead sea, whereby no life can be go in the Salton Sea. But yet I still provision. Why have that provision? We sustained. Passing H.R. 3267 goes a long think that pesticides and things like could have an expedited congressional way in preventing that from occurring. that are a problem for the birds that review. There are other ways to get What H.R. 3267 attempts to do is to simply land in those farmlands, but not the around that problem. It just seems improve the water quality of the Salton Sea by Salton Sea. that that was done in haste and per- reducing the salinity, and to stabilize the ele- And I would say to my friend that haps out of a desire to get this done, vation along the shoreline. said that, well, the Senate, the two but I think it is a problem. It does this by authorizing $22.5 million dol- senators from California, are against The Clean Water Act exemption, that lars for a feasibility study, environmental re- this. The one gentlewoman from Cali- is a problem. It is a problem with the view, and an engineering design of a con- fornia, her views are so extreme she administration. It is a problem with struction project. even opposed the tuna/dolphin bill some Members on this side. The bill also authorizes 350 million dollars which the President and the Vice Limitations on liability, that should for a construction project for the Salton Sea. President and five environmental lie with both sides of the aisle. We do There is also a 50/50 cost share between the groups supported. not want to expose the Federal tax- federal government and non-federal entities to So I would say support the bill, reject payers to have them assume new liabil- finance such a project. the Miller substitute. ities that they do not currently have It is important to note that the Salton Sea is Mr. CALVERT. Mr. Speaker, I yield 2 when there are other responsible au- also a major stop over for avian species along minutes to the gentleman from Santa thorities who should share in any fu- the Pacific Flyway. This is the primary reason Clara, California (Mr. MCKEON), my ture liability that might arise. why the Salton Sea is of national importance, good friend. Cost sharing, irrigators benefit. and why if it dies, it stands to take many birds Mr. MCKEON. Mr. Speaker, I thank Irrigators are a big part of the problem with its decline. the gentleman from California for in terms of the increased salinity in In the past five years, hundreds of thou- yielding this time to me. the chemical soup we are dealing with sands of birds have died at the Sea. In fact, I am pleased to rise today in support here. Why should not they have some at least 17,000 birds have died at the Salton of one of the most important pieces of cost sharing if they are going to con- Sea this year along. It is vitally important that environmental legislation that we will tinue to benefit and will doubly benefit we act now, and not wait to address this des- consider this year. Our late friend, by an improved and cleaner Salton perate situation. Sonny Bono, worked hard and in a bi- Sea? There are a number of other I believe we must take action to save the partisan manner to bring about aware- minor provisions that are of concern. Salton Sea now, or risk losing a major envi- ness for the Salton Sea and would be ronmental resource for not only the state of proud that his efforts are now re- b 1800 California, but the nation as a whole. warded. But I rise out of a genuine concern Again, I would like to thank Representatives' Mr. Speaker, the Salton Sea is a that we do something significant here BONO, HUNTER, and CALVERT for all their hard unique body of water, and it is a great H5554 CONGRESSIONAL RECORD — HOUSE July 15, 1998 resource that should be preserved. Al- years. It would be a shame if today we California lost, we would destroy one of though it was created by accident 93 let this opportunity pass us by. the last remaining stopovers in the Pa- years ago, it is a potential jewel that So I am hopeful that today we will cific flyway. We would only compound we should do all that we can to save. pass the bill, we will defeat the Miller the fish and bird deaths. All that would However, the sea is unfortunately substitute, and we can be proud of the be accomplished is that the bad envi- dying. According to studies, in only 12 fact that we are going to save the ronmental problem would be made years this body of water will become Salton Sea for future generations. worse. dead. It will not support life. Further Mr. Speaker, I yield such time as she Is that what people want, and is that complicating this problem is the pres- may consume to the gentlewoman from pro-environment? ence of botulism in the water that has California (Mrs. BONO) who represents To those who argue for more study I affected the native fish. As the fish be- the beautiful area of Palm Springs and say is not 20 years enough? Is that not come infected in the water, birds along a good part of the Salton Sea who has enough time to study this problem? the Pacific flyway eat the fish and re- really taken over the fight to save the Contrary to public opinion, Sonny tain and spread the disease. Since last Salton Sea. was not the first person to notice the year alone some 10,000 fish and 2,000 Mrs. BONO. Mr. Speaker, today I rise Salton Sea and that it was in dire birds have perished. in support of the bill, H.R. 3267, the shape. In fact, this problem was first Why is this important? Should the Sonny Bono Memorial Salton Sea Rec- brought forth by Jerry Pettis back in Salton Sea continue its decline to lamation Act. The Salton Sea is Cali- the early 1970s. If action was taken death, it will take with it many more fornia’s largest inland body of water, then to address this problem, we would birds and fish, thus robbing California and it sits in both my and the gen- not be here today talking about this and our Nation of a valuable environ- tleman from California (Mr. HUNTER’S) urgent need to save the sea. But the mental resource. district. This great body of water was sea was put on the back burner then, H.R. 3267 addresses these concerns formed by accident in 1905 and since not getting the attention it needed or and takes quick action to save this im- then has become an integral part of the deserved. Other projects in California portant body of water. This legislation region’s ecosystem system. In fact, it took center stage, and the sea became provides funding for research, environ- also now home to over 300 native bird worse. mental review and engineering designs species. It provides a major stopover on Well, my fellow colleagues, the sea to stabilize the shoreline of the Salton the Pacific flyway and up until a few cannot be put on the back burner any Sea and reduce its salinity. It also pro- years ago provided enjoyment for thou- longer. Action needs to be taken, and vides for an expedited judicial review sands of tourists who came to view this H.R. 3267 must be passed. to ensure that this area will not be- magnificent wonder. Unfortunately, its At this time, Mr. Speaker, I would come hostage to a lengthy court fight, health is in jeopardy. like to take a moment to thank all of given its relative short life expectancy. The Salton Sea, quite simply, is on a the people who have been involved with Mr. Speaker, I urge my colleagues to death watch. It has been estimated this bill. First and foremost, I would join me in supporting this important that if nothing is done to reverse the like to thank the Salton Sea Task legislation and the hard work that our salinity content of the sea, it will die Force members, the gentleman from colleague and my friend, the gentle- within 10 to 15 years. Currently, the California (Mr. HUNTER), the gen- woman from California (Mrs. BONO), Salton Sea is 25 percent saltier than tleman from California (Mr. LEWIS), has made to improve our environment that of the Pacific ocean, and the sele- the gentleman from California (Mr. and finish the work begun by her late nium is rising. Over the past few years CALVERT), and the gentleman from husband, Sonny. more than 100,000 birds have died due California (Mr. BROWN) for keeping Mr. CALVERT. Mr. Speaker, I yield to avian botulism. These numbers will Sonny’s dream of restoring the Salton myself such time as I may consume. continue to rise. It will only get worse. Sea alive with this bill. These are the Mr. Speaker, we have talked about We must act fast to save this great people that guided me through much of many of the reasons why the Salton body of water. this debate surrounding H.R. 3267, and I Sea is worth saving. I think that there H.R. 3267 provides the framework for owe them my deepest gratitude. is agreement on both sides of the aisle this action. Named after my late hus- Secondly, I want to thank the gen- that we want to save the Salton Sea. band, Sonny, and authored by my good tleman from California (Mr. DOO- The difference between the approach of friend and fellow task force member, LITTLE) for his leadership and hard the majority and the minority in this the gentleman from California (Mr. work guiding this bill through his Sub- case is that we actually want to do DUNCAN HUNTER), H.R. 3267 sets forth committee on Resources. He always something about it. the process to reclaim the Salton Sea. made time for me when I had ques- For over 30 years I have been reading A vote for H.R. 3267 is a vote for the en- tions, and I thank him for his efforts. newspaper articles about this study vironment. There is no other way to I would also like to thank the gen- and that study, about amounts of describe it. tleman from Alaska (Mr. YOUNG) for al- money that have been going in to look I invite any of my colleagues to come lowing this bill to be brought before his at the catastrophe of the Salton Sea, visit the Salton Sea so they can wit- committee. Without him we would not and nothing has happened, and yet ness firsthand the devastation that has be here today. again today we talk about yet another occurred in this part of the country, I especially want to thank the gen- study that leads potentially nowhere. the pictures of dead birds lying around tleman from Georgia (Mr. GINGRICH) for The great difference between the pro- the shoreline along with the stench of making the Salton Sea a major envi- posal today by the Salton Sea Task the body of water would make any- ronmental cause for the 105th Con- Force is that we actually are going to body’s stomach turn. However, in con- gress. Again, I want to thank Speaker do something about a problem that has trast, as one comes up upon the Salton GINGRICH. I know he was deeply moved existed for a long time, not talk about Sea from a distance, it is one of the by the carnage of the Salton Sea when it, but actually do something about it. most beautiful sights anyone’s eyes he came out to visit it shortly after People have talked about the birds, may ever witness. It is like an oasis in Sonny’s death, and I knew at this point the fish, the recreational resources the middle of the desert, as Sonny used by the look in his eyes he believed then that are going to waste. We can talk to say, yet there are those who advo- that it was good public policy. about that until the sea dies. And, Mr. cate the Salton Sea should just dry up I also want to thank Tony Orlando on Speaker, Sonny was a person that and die. my staff and all the members of staff spoke plainly, so I will speak plainly: Quite frankly, this is not an option. who have worked hard on this bill. It is time that we do something about This is one of the most dynamic eco- And, lastly, I want to thank all of this, and that is why we are here. systems in North America, teaming those whose footsteps I walked behind, Fifteen million people live near the with avian and aquatic life. Also what the Members who spoke of the need and Salton Sea. Actually much more than would be accomplished by killing the urgency to save the Salton Sea, but that around the southwest United sea? Absolutely nothing. With over 90 whose pleas fell on deaf ears, people States utilizes it and have for many percent of all wetlands in southern like Julie and Jerry and Shirley Pettis, July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5555 Al McCandless, and, most of all, Sonny b 1815 studies and for the river reclamation whom this bill is in memory of. Their AMENDMENT OFFERED BY MR. BOEHLERT and drainage and water treatment to voices are on this bill, Sonny’s voice is Mr. BOEHLERT. Mr. Speaker, I offer the tune of about $8 million. I would on this bill, and I proudly stand in sup- an amendment and I ask unanimous ask that the gentleman’s amendment include those, since those are unau- port. consent that it be adopted. thorized purposes for which the land Mr. Speaker, I urge a yes vote on The SPEAKER pro tempore. The H.R. 3267. and water conservation fund is created. Clerk will report the amendment. Mr. BOEHLERT. Mr. Speaker, if the The Clerk read as follows: Mr. SHUSTER. Mr. Speaker, I rise in sup- gentleman would be so kind as to jot port of H.R. 3267, the Sonny Bono Memorial Amendment offered by Mr. BOEHLERT: that down. Salton Sea Reclamation Act. Amend the proposed section 101(g)(4) to Mr. MILLER of California. I think This legislation offers an opportunity to re- read as follows: ‘‘(4) APPROPRIATIONS TO THE the gentleman amends proposed sec- store the Salton Sea for recreational and eco- SECRETARY OF THE INTERIOR.—Amounts ap- propriated under paragraph (1)(B) to the Sec- tion 101(g)(4), which does what the gen- logical purposes and to improve water quality retary may be appropriated to the Bureau of tleman said it does. But in another sec- in the Alamo River and the New River. Reclamation as specified in appropriations tion of the bill, in section 102(e) and The Committee on Transportation and Infra- Acts.’’. section 201(d), there is additional mon- structure has an interest in several sections of Mr. BOEHLERT (during the reading). ies coming from the land and water this bill, particularly section 101, which author- Mr. Speaker, I ask unanimous consent conservation fund. I would just ask izes the project to, among other things, im- that the amendment be considered as that those also be made a part of this prove water quality in the Salton Sea by re- read and printed in the RECORD. amendment so that we do not use any ducing salinity, including authorization of ap- The SPEAKER pro tempore. Is there of this for unauthorized purposes. propriations to carry out this project to the En- objection to the request of the gen- Mr. BOEHLERT. Mr. Speaker, if the gentleman will yield further, I do not vironmental Protection Agency; and section tleman from New York? think I have an objection. The gen- 201, which authorizes actions to improve There was no objection. tleman and I have worked so well over water quality in the Alamo River and New The SPEAKER pro tempore. Is there the years, and we are in basic agree- River, including a waiver of section 402 of the objection to the original request of the ment on this. I would like to see it in Federal Water Pollution Control Act for those gentleman from New York? writing, if the gentleman could just jot persons who utilize a wetland filtration or con- Mr. MILLER of California. Mr. it down. structed wetlands project to improve such Speaker, I reserve the right to object Mr. MILLER of California. Mr. water quality. for the purpose of having the gen- Speaker, if the gentleman wants to go I would like to thank the leadership of the tleman explain his amendment. ahead without prejudice and work out Resources Committee for working with me on Mr. BOEHLERT. Mr. Speaker, will this language, I am be glad to do that. these provisions. The Young-Doolittle sub- the gentleman yield? Mr. BOEHLERT. Mr. Speaker, I with- stitute addresses some of the concerns over Mr. MILLER of California. I yield to draw the amendment for now. the source of funding for this important project the gentleman from New York. AMENDMENT IN THE NATURE OF A SUBSTITUTE by ensuring that the cost of construction is di- Mr. BOEHLERT. Mr. Speaker, essen- OFFERED BY MR. MILLER OF CALIFORNIA vided between EPA and the Department of In- tially the amendment deletes on page Mr. MILLER of California. Mr. terior such that neither agency funds substan- 14 of the bill paragraph 4, subsections Speaker, I offer an amendment in the tially all of the project. The intent of this provi- (A) and (C), to make it abundantly nature of a substitute, Amendment No. sion is to allow this project to be funded with- clear that we are not going to have a 1, printed in the RECORD. out adversely affecting other important raid on the land and water conserva- The SPEAKER pro tempore. The projects funded by either EPA or the Depart- tion fund to finance the program. Clerk will designate the amendment. ment of Interior. The environmental community The text of the amendment is as fol- The Young-Doolittle substitute also address- raised this objection as its principal lows: es concerns over the waiver of Clean Water objection to the bill. I have here a let- Amendment in the Nature of a Substitute Act permitting by clarifying that this waiver ap- ter signed by a whole host of represent- Offered by Mr. MILLER of California: Strike all after the enacting clause and in- plies only to wetlands filtration and constructed atives from key environmental organi- zations with whom the gentleman from sert the following: wetlands projects to improve water quality in SECTION 1. SHORT TITLE. California (Mr. MILLER) and I work the Alamo River and the New River. This Act may be cited as the ‘‘Sonny Bono Even though it is not clear that these wet- very closely and have over the years. Memorial Salton Sea Restoration Act’’. lands projects even require a Clean Water Act They point out that they are strongly SEC. 2. FINDINGS. permit, it is an unfortunate reality that, under supportive of efforts to clean up the The Congress finds the following: the Clean Water Act, someone can be sued Salton Sea, but they are specific in (1) The Salton Sea, located in Imperial and Riverside Counties, California, is an eco- for stepping in and taking action to improve their strong objection to the authoriza- tion of funding from the land and water nomic and environmental resource of na- water quality. For example, in Calaveras tional importance. County, California, the local community took conservation fund. We agree with that, and I am pleased to report that this (2) The Salton Sea is a critical component action to protect its water supply by building of the Pacific flyway. However, the con- some dams and holding ponds to reduce run- amendment would eliminate that prin- centration of pollutants in the Salton Sea off from an abandoned mine. They were sued cipal objection. has contributed to recent die-offs of migra- I am not trying to suggest to anyone by an environmental group who got the court tory waterfowl. that this eliminates all of the objec- to agree that, by taking action to protect their (3) The Salton Sea is critical as a reservoir tions; it does not, as the gentleman for irrigation, municipal, and stormwater water supply, they became responsible for from California (Mr. MILLER) and I drainage. bringing the abandoned mine into compliance both know. But I think this makes a (4) The Salton Sea provides benefits to sur- with the Clean Water Act, which will cost over major improvement to the bill, and I rounding communities and nearby irrigation $10 million. and municipal water users. am pleased to offer the amendment. We need to protect Good Samaritans from (5) Restoring the Salton Sea will provide Mr. MILLER of California. Mr. national and international benefits. similar lawsuits under the Clean Water Act so Speaker, reclaiming my time, I thank they will be willing to step forward and take SEC. 3. DEFINITIONS. the gentleman for his last point, be- In this Act: action to improve water quality in the Alamo cause the environmental groups con- (1) The term ‘‘Study’’ means the Salton and New Rivers. tinue to oppose this legislation even Sea study authorized by section 4. I urge members to support this important with this amendment, should it be ac- (2) The term ‘‘Salton Sea Authority’’ legislation. cepted. means the Joint Powers Authority by that Mr. MILLER of California. Mr. I would also like to raise the ques- name established under the laws of the State Speaker, I yield back the balance of of California by a Joint Power Agreement tion, because I think the amendment signed on June 2, 1993. my time. needs to be fixed here for a second, be- (3) The term ‘‘Secretary’’ means the Sec- Mr. CALVERT. Mr. Speaker, I yield cause land and water conservation retary of the Interior, acting through the back the balance of my time. funds are also used for the wildlife Bureau of Reclamation. H5556 CONGRESSIONAL RECORD — HOUSE July 15, 1998 SEC. 4. SALTON SEA RESTORATION STUDY AU- tions for programs and actions authorized by SEC. 5. CONCURRENT WILDLIFE RESOURCES THORIZATION. this title, the Secretary shall submit to the STUDIES. (a) IN GENERAL.—The Secretary, in accord- Congress an interim progress report on res- (a) IN GENERAL.—Concurrently with the ance with this section, shall undertake a toration of the Salton Sea. The report Study under section 4, the Secretary shall study of the feasibility of various alter- shall— provide for the conduct of studies of hydrol- natives for restoring the Salton Sea, Califor- (A) identify alternatives being considered ogy, wildlife pathology, and toxicology relat- nia. The purpose of the Study shall be to se- for restoration of the Salton Sea; ing to wildlife resources of the Salton Sea by lect 1 or more practicable and cost-effective (B) describe the status of environmental Federal and non-Federal entities. options for decreasing salinity and otherwise compliance activities; (b) SELECTION OF TOPICS AND MANAGEMENT improving water quality and to develop a (C) describe the status of cost-sharing ne- OF STUDIES.— restoration plan that would implement the gotiations with State of California and local (1) IN GENERAL.—The Secretary shall estab- selected options. The Study shall be coordi- agencies; lish a committee to be known as the Salton nated with preparation of an environmental (D) describe the status of negotiations with Sea Research Management Committee. The impact statement pursuant to the National the Government of Mexico, if required; and Committee shall select the topics of studies Environmental Policy Act of 1969 evaluating (E) report on the progress of New River and under this section and manage those studies. alternatives for restoration of the Salton Alamo River research and demonstration au- (2) MEMBERSHIP.—The Committee shall Sea. The Study shall be conducted in accord- thorized by this Act. consist of 5 members appointed as follows: ance with the memorandum of understand- (2) CONGRESSIONAL ACTION.—Upon receipt of (A) 1 by the Secretary. ing under subsection (g). the interim report from the Secretary, the (B) 1 by the Governor of California. (b) STUDY GOALS.—The Study shall explore appropriate committees of the House of Rep- (C) 1 by the Torres Martinez Desert alternatives to achieve the following objec- resentatives and the Senate shall promptly Cahuilla Tribal Government. tives: schedule and conduct oversight hearings to (D) 1 by the Salton Sea Authority. (1) Reducing and stabilizing the overall sa- review implementation of the Salton Sea (E) 1 by the Director of the California linity, and otherwise improving the water restoration plan included in the report under Water Resources Center. quality of the Salton Sea. subsection (f), and to identify additional au- (c) COORDINATION.— (2) Stabilizing the surface elevation of the thorizations that may be required to effec- (1) IN GENERAL.—The Secretary shall re- Salton Sea. tuate plans and studies relating to the res- quire that studies conducted under this sec- (3) Reclaiming, in the long term, healthy toration of the Salton Sea. tion are conducted in coordination with ap- fish and wildlife resources and their habi- (f) REPORT TO CONGRESS.—Not later than 18 propriate international bodies, Federal agen- tats. cies, and California State agencies, includ- (4) Enhancing the potential for rec- months after commencement of the Study, the Secretary shall submit to the Congress a ing, but not limited to, the International reational uses and economic development of Boundary and Water Commission, the United the Salton Sea. report on the findings and recommendations of the Study. The report shall include the States Fish and Wildlife Service, the United (5) Ensuring the continued use of the States Environmental Protection Agency, Salton Sea as a reservoir for irrigation following: (1) A summary of options considered for re- the California Department of Water Re- drainage. sources, the California Department of Fish (c) OPTIONS TO BE CONSIDERED.— storing the Salton Sea. and Game, the California Resources Agency, (1) IN GENERAL.—Options considered in the (2) A recommendation of a preferred option the California Environmental Protection Study shall include each of the following and for restoring the Salton Sea. Agency, the California Regional Water Qual- any appropriate combination thereof: (3) A plan to implement the preferred op- ity Board, and California State Parks. (A) Use of impoundments to segregate a tion selected under paragraph (2). (2) SCIENCE SUBCOMMITTEE.—The Secretary portion of the waters of the Salton Sea in 1 (4) A recommendation for cost-sharing to shall require that studies conducted under or more evaporation ponds located in the implement the plan developed under para- this section are coordinated through a Salton Sea basin. graph (3). The cost-sharing recommendation Science Subcommittee that reports to the (B) Pumping water out of the Salton Sea. may apply a different cost-sharing formula Salton Sea Research Management Commit- (C) Augmented flows of water into the to capital construction costs than is applied tee. In addition to the membership provided Salton Sea. to annual operation, maintenance, energy, for by the Science Subcommittee’s charter, (D) Improving the quality of wastewater and replacement costs. representatives shall be invited from the discharges from Mexico and from other (5) A draft of recommended legislation to University of California, Riverside, the Uni- water users in the Salton Sea basin. authorize construction of the preferred op- versity of Redlands, San Diego State Univer- (E) Water transfers or exchanges in the tion selected under paragraph (2). sity, the Imperial Valley College, and Los Colorado River basin. (g) MEMORANDUM OF UNDERSTANDING.— Alamos National Laboratory. (F) Any other feasible restoration options. (1) IN GENERAL.—The Secretary shall carry (d) PEER REVIEW.—The Secretary shall re- (2) LIMITATION TO PROVEN TECHNOLOGIES.— out the Study in accordance with a memo- quire that studies under this section are sub- Options considered in the Study shall be lim- randum of understanding entered into by the jected to peer review. ited to proven technologies. Secretary, the Salton Sea Authority, and the (d) FACTORS TO BE CONSIDERED.— (e) AUTHORIZATION OF APPROPRIATIONS.— Governor of California. For wildlife resources studies under this sec- (1) SCIENCE SUBCOMMITTEE FINDINGS AND RE- (2) OPTION EVALUATION CRITERIA.—The PORTS.—In evaluating the feasibility of op- tion there are authorized to be appropriated memorandum of understanding shall, at a to the Secretary $5,000,000. tions considered in the Study, the Secretary minimum, establish criteria for evaluation shall carefully consider all available findings and selection of options under subsection (a), SEC. 6. SALTON SEA NATIONAL WILDLIFE REF- UGE RENAMED AS SONNY BONO and reports of the Science Subcommittee es- including criteria for determining the mag- tablished pursuant to section 5(c)(2) and in- SALTON SEA NATIONAL WILDLIFE nitude and practicability of costs of con- REFUGE. corporate such findings into the project de- struction, operation, and maintenance of sign alternatives, to the extent feasible. (a) REFUGE RENAMED.—The Salton Sea Na- each option evaluated. tional Wildlife Refuge, located in Imperial (2) OTHER FACTORS TO BE CONSIDERED.—The Secretary shall also consider— (h) RELATIONSHIP TO OTHER LAWS.— County, California, is hereby renamed and (A) the ability of Federal, tribal, State, (1) RECLAMATION LAWS.—Activities author- shall be known as the Sonny Bono Salton and local government sources and private ized by this section shall not be subject to Sea National Wildlife Refuge. sources to fund capital construction costs the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. (b) REFERENCES.—Any reference in any and annual operation, maintenance, energy, 391 et seq.) and other laws amendatory there- statute, rule, regulation, Executive order, and replacement costs; of or supplemental thereto. Amounts ex- publication, map, or paper or other docu- (B) how and where to dispose permanently pended for those activities shall be consid- ment of the United States to the Salton Sea of water pumped out of the Salton Sea; ered nonreimbursable and nonreturnable for National Wildlife Refuge is deemed to refer (C) the availability of necessary minimum purposes of those laws. to the Sonny Bono Salton Sea National inflows to the Salton Sea from current (2) LAW OF THE COLORADO RIVER.—This sec- Wildlife Refuge. sources, including irrigation drainage water; tion shall not be considered to supersede or SEC. 7. ALAMO RIVER AND NEW RIVER. and otherwise affect any treaty, law, or agree- (a) RESEARCH AND DEMONSTRATION (D) the potential impact of Salton Sea res- ment governing use of water from the Colo- PROJECTS.—The Secretary shall promptly toration efforts on the rights of other water rado River. All activities to carry out the conduct research and construct wetlands fil- users in the Colorado River Basin and on Study under this section must be carried out tration or construct wetlands demonstration California’s Colorado River water entitle- in a manner consistent with rights and obli- projects to improve water quality in the ment pursuant to the Colorado River Com- gation of persons under those treaties, laws, Alamo River and New River, Imperial Coun- pact and other laws governing water use in and agreements. ty, California. The Secretary may acquire the Colorado River Basin. (i) AUTHORIZATION OF APPROPRIATIONS.— equipment, real property, and interests in (e) INTERIM REPORT.— There are authorized to be appropriated to real property (including site access) as need- (1) SUBMISSION.—Not later than 9 months the Secretary $30,000,000 to carry out the ac- ed to implement actions authorized by this after the Secretary first receives appropria- tivities authorized in this section. section. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5557 (b) MONITORING AND OTHER ACTIONS.—The leave the Salton Sea because water is thority, $5 million is earmarked for Secretary shall establish a long-term mon- going to be sold into other markets. wildlife resources studies to provide itoring program to maximize the effective- Discussions are under way to sell real-time science to support the deci- ness of any demonstration project authorized water to San Diego and elsewhere, so sionmaking processes during the fea- by this section. that drainage water will not nec- sibility study. (c) COOPERATION.—The Secretary shall im- plement subsections (a) and (b) in coopera- essarily flow to the Salton Sea. That Additionally, $3 million is included tion with the Desert Wildlife Unlimited, the will make this problem even worse. to improve water quality in the Alamo Imperial Irrigation District, the State of There is nothing any of us can do about and New Rivers, the major sources of California, and other interested persons. that. That is the right of the water water for the Salton Sea. The New (d) AUTHORIZATION OF APPROPRIATIONS.— rights holders and the contractors River, which has been explained ear- For research and demonstration projects au- there in the Imperial Irrigation Dis- lier, is the most polluted river, in some thorized in this section, there are authorized trict and elsewhere, should they so de- estimation, in the North American to be appropriated to the Secretary continent. $3,000,000. cide to enter into that contract and if that is approved. But if we do not address the sea sa- SEC. 8. EMERGENCY ACTION. What our amendment says is the linity, we might as well just write the If, during the conduct of the studies au- same timetable as the majority amend- sea’s ecosystem off. No leading sci- thorized by this Act, the Secretary deter- entist, none that I am aware of, dispute mines that environmental conditions at the ment, the same set of studies, but what Salton Sea warrant immediate and emer- we do is we require you to coordinate this fact. gency action, the Secretary shall imme- these studies so you, in fact, make In a speech by Dr. Milt Freed, Chair- diately submit a report to Congress docu- these decisions based upon the evi- man of the Science Subcommittee, de- menting such conditions and making rec- dence, not simply one part of this prob- livered on July 29 at the U.S. EPA Eco- ommendations for their correction. lem that everybody admits is going to systems Restoration, a national sym- The SPEAKER pro tempore. Pursu- get worse over the next decade. But the posium to bring together practitioners ant to House Resolution 500, the gen- birds and fish and wildlife are dying and researchers, he notes the salinity tleman from California (Mr. MILLER) today. That is because of what we do of the sea has reached 43,000 parts per and a Member opposed each will con- not know yet as to what is causing million, a level that is 26 percent great- trol 30 minutes. that. er than ocean water. Salinity is in- The Chair recognizes the gentleman People want to portray this as some- creasing at a rate of approximately 1 from California (Mr. MILLER). how that nobody paid attention to this. percent per year and will soon reach a Mr. MILLER of California. Mr. In 1992, we passed a bill. The majority level that will cause a collapse in fish Speaker, I yield myself such time as I party has not provided the appropria- populations, thereby eliminating the may consume. tions for that legislation to do these food base for fish-eating birds that Mr. Speaker, this amendment has studies. Everybody in the State wants come to the sea. This will also end the been described earlier in the debate. It to do something about the Salton Sea. sports fishery. is offered on behalf of myself and the The reason things have not been done The salinity issue is analogous to gentleman from California (Mr. is because we do not know what to do. passing the particles from one end of BROWN). The purpose of this amend- We can spend a lot of money, we can an hourglass to another. The time ment, somebody said they want to be run around and build a lot of projects, frame is finite, and no amount of dis- plain speaking, is let us just do some- but unless we know they are going to cussion or study will alter the end re- thing about the Salton Sea. work, we are not keeping faith with sult. The collapse of the biological The point is this: When we make a the taxpayers and with the Members of components of the ecosystem due to decision to commit the $350 million, we Congress in terms of the authorization the physical parameter will have far- ought to do that which we know works. of the money. reaching impacts on many of the other The many shortcomings in the current That is the purpose of the substitute values humans expect from the sea. bill that is before us have been outlined that is offered by us. My conversations So let us quit talking about, let us in both the objections by taxpayer with the Senators from our State, my get something done, let us defeat the groups, by environmental groups and conversations with the environmental Miller-Brown substitute and get on by the Clinton Administration with re- groups and with the leadership in the with saving the Salton Sea. Mr. Speaker, I reserve the balance of spect to serious problems that exist in other House lead me to believe that my time. bill. this also has the best chance of being But with respect to the studies, let passed by the Senate and in fact be- AMENDMENT OFFERED BY MR. BOEHLERT Mr. BOEHLERT. Mr. Speaker, I offer me say that the legislation offered by coming law. the committee goes ahead and does If we send this legislation over here an amendment and I ask unanimous some studies relating to feasibility. with all of these bells and whistles, consent that it be adopted. I would point out that the gentleman With respect to dealing with the salin- with the united opposition of the envi- from California (Mr. MILLER) and I ity, there is a whole other body of stud- ronmental groups, with some of the have worked out agreement on the lan- ies that are in that legislation and in taxpayer organizations against this our legislation. There are scientific guage that the gentleman addressed. legislation, with the statement of ad- The SPEAKER pro tempore. The studies that deal with this issue of nu- ministrative policy that has serious trient loading, that deal with the issue Clerk will report the amendment. problems with this legislation, we are The Clerk read as follows: of botulism, that deal with other con- dramatically reducing the likelihood Amendment Offered by Mr. BOEHLERT: cerns that are killing the fish and wild- that we can get on with curing the Amend the proposed section 101(g)(4) to life at the current time that have got problems of the Salton Sea. read as follows: to be developed, and any project that Mr. Speaker, I reserve the balance of ‘‘(4) APPROPRIATIONS TO THE SECRETARY OF we develop for the Salton Sea should my time. THE INTERIOR.—Amounts appropriated under make sure that it deals with the full Mr. CALVERT. Mr. Speaker, I rise in paragraph (1)(B) to the Secretary may be ap- array of problems that are presented opposition to the amendment. propriated to the Bureau of Reclamation as specified in appropriations Acts.’’. by the current conditions in the Salton The SPEAKER pro tempore. The gen- Page 16, beginning on line 5, strike ‘‘from Sea. tleman from California (Mr. CALVERT) the land and water conservation fund’’ That is terribly important, because is recognized for 30 minutes. Page 21, beginning on line 9, strike ‘‘from we know that the salinization of the Mr. CALVERT. Mr. Speaker, I yield the land and water conservation fund’’ Salton Sea is going to continue to get myself such time as I may consume. Mr. BOEHLERT (during the reading). worse. We also know that some of the Mr. Speaker, I have heard the point Mr. Speaker, I ask unanimous consent best water that flows into the Salton from the minority that this is a salin- that the amendment be considered as Sea currently, about 1 million acre ity-only bill. That is nonsense. This read and printed in the RECORD. feet, or over 1 million acre feet of agri- bill takes a holistic approach to restor- The SPEAKER pro tempore. Is there cultural drain water, that maybe half a ing the Salton Sea. At the request of objection to the request of the gen- million acre feet of that water may this Secretary and the Salton Sea au- tleman from New York? H5558 CONGRESSIONAL RECORD — HOUSE July 15, 1998 There was no objection. come out of the Bureau of Reclamation priating substantially all of the con- The SPEAKER pro tempore. Is there budget and/or the EPA budget? struction costs.’’ objection to the amendment offered by Mr. CALVERT. That is correct. So I do not know if that means they the gentleman from New York? Mr. VENTO. Mr. Speaker, will the split them, but I just think again, since Mr. MILLER of California. Mr. gentleman yield? this is a preauthorization of this $350 Speaker, reserving the right to object, Mr. MILLER of California. I yield to million project, Members ought to un- I thank the gentleman for the changes the gentleman from Minnesota. derstand that the rational reading that he has made, which would com- Mr. VENTO. Mr. Speaker, I thank would be about half of it is going to pletely remove the use of the land and the gentleman for yielding, and I ap- come out of EPA, which is receiving re- water conservation funds for this legis- preciate the gentleman from New York ductions in funding, and half of it is lation. I think that is important. (Mr. BOEHLERT) offering this amend- going to come out of the Bureau of I would, again, reiterate in our dis- ment to avert the use of LCWF funds. Reclamation, which is receiving reduc- cussions with many of the environ- The reason, I think, is pretty trans- tions in funding and not able to meet mental coalitions opposing this legisla- parent as to why the land and water the demands that the Members already tion this does not remove their opposi- conservation fund was being used, be- place on those two funds. tion to that legislation. They have nu- cause you would have no new author- Mr. Speaker, I withdraw my reserva- merous items that they are in opposi- ization here and it would not score in tion of objection. tion to. terms of CBO uder the umbrella of The SPEAKER pro tempore (Mr. But I would, if I might, ask the man- LCWF authority. PEASE). Is there objection to the re- ager of the bill, as we remove this That is interesting, but it is also in- quest of the gentleman from New source of funding, the land and water teresting and important to find out in York? conservation fund, what then becomes 34 years that these funds have been au- There was no objection. The SPEAKER pro tempore. The the source of funding here? What is thorized for the land-water conserva- amendment is adopted. left? EPA and Bureau of Reclamation? tion, authorized until appropriated, in Mr. MILLER of California. Mr. Mr. CALVERT. Mr. Speaker, will the that sense a trust fund, that there has Speaker, I yield such time as he may gentleman yield? not been anything of this magnitude of consume to the gentleman from Min- Mr. MILLER of California. I yield to misuse proposed, much less enacted. nesota (Mr. VENTO). the gentleman from California. There have been, I think, some minor Mr. VENTO. Mr. Speaker, I rise in Mr. CALVERT. Mr. Speaker, I do not uses, especially in the last few years, support of the Miller substitute. control the appropriations process. as individuals are attempting to look I would just call to my colleagues’ Mr. MILLER of California. What is for authorization without CBO scoring attention that the Salton Sea and the authorized to be used? and use some of the land-water con- resolution that is of concern to the Mr. CALVERT. Certainly the Sec- servation fund, but this measure and Members is heartening; that is, that we retary of Interior can designate those action is unprecedented. One-third of a are buoyed by the fact that there is a funds from various accounts. billion or nearly $400 million with stud- great deal of interest in terms of trying Mr. MILLER of California. Mr. ies coming out this fund would be three to restore this area—or at least sta- Speaker, I guess I am trying to deter- or four times the amount that this bilize it. But I would hasten to point mine what is left with respect to the Congress is willing to, in fact, appro- out that the Salton Sea is a man-made authorization? priate from that fund on an annual ecological disaster. It is a man-made Mr. CALVERT. If the gentleman basis in recent years. ecological disaster. would yield further, the standard ap- b 1830 The fact is that this particular land- propriations process, it does not pre- scape, this particular area is the prod- clude the appropriators to appropriate So this is an important change. I uct of millions of years, and certainly funds from various accounts that they think there are some other questions in the last couple of 100,000 years, the appropriate from. that need to be answered about this accumulation of various types of salts Mr. MILLER of California. But what legislation, but I think it is a step in and other nutrients, as my California is the gentleman’s expectation? And I the right direction to present this as colleague (Mr. MILLER) has pointed do not have the language that has been what it is; this is a new authorization out, in this large delta area, the site of removed. that is going to have to score, and an ancient sea. The fact is that in the Mr. CALVERT. Obviously, the Bu- clearly, the money should be derived early part of this century, something reau of Reclamation is a source that from the various program titles and like around 1905, this sea came into ex- has been talked about, Fish and Wild- protocols of the Bureau of Reclamation istence because of modifications to the life resources, resources within the ap- and/or other agencies that would have manmade hydrology and the land- propriations process. a legitimate role. I guess Fish and scapes modifications in this region of Mr. MILLER of California. So the Wildlife Service would have some role, California. Bureau of Reclamation remains the but it is not clear. I think this is an- It has, of course, had continued con- source of funding then for this legisla- other example of why we need to adopt, tributions, accelerated contributions of tion? or should adopt, a more definitive plan nutrients and contaminated waters Mr. CALVERT. I would not expect as to what is going to happen regards that have reactivated many of the any single source of funding for this such Salton Sea project. This measure salts, many of the nutrients to make legislation on any major project. As is simply standing the process on its the kind of soup that exists in the the gentleman knows, we have prob- head. Salton Sea today that is obviously not ably never had very many that have But that is not the gentleman from conducive to the existence of, even in had a single source of appropriation. New York’s problem, but the problem terms of fauna and flora that would Mr. MILLER of California. Mr. of those that are advocating this par- normally occur in the ocean, because Speaker, reclaiming my time, let me ticular policy. the salinity as an example and the nu- back up here then. My problem is we So I thank the gentleman from Cali- trients as an example are even greater are preauthorizing in this legislation. fornia (Mr. MILLER) for yielding under than what exists in any living eco- What are we authorizing it from? We his reservation. system, in other words, it is toxic to a were going to authorize it from the Mr. MILLER of California. Mr. normal natural ecosystem. land and water conservation fund. Now Speaker, continuing on my reserva- So I think the fact that we have this what are we authorizing it from? tion, just one point here is as I read the ecological man-made disaster that con- Mr. CALVERT. Mr. Speaker, if the manager’s amendment, it says, ‘‘May tinues to of course be compounded by gentleman will yield further, the Sec- be appropriated to the administrator of the existing treatment of the water- retary of Interior and EPA can des- the Environmental Protection Agency sheds and rivers and the modifications ignate those appropriations. and the Secretary of the Interior in that have occurred, and this is not the Mr. MILLER of California. So it is amounts to ensure that neither the ad- only place in the country, incidentally, the gentleman’s expectation this would ministrator nor the Secretary is appro- that we have this problem. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5559 In fact, if we look at the Bureau of But just giving 18 months and suggest- cost-sharing, the lack of cost-sharing Reclamation, and, in fact, the Corps of ing we have a study and solution, and by the irrigators in this area, which Engineers have spent billions and bil- today preauthorizing or authorizing are, after all, one of the, I think in my lions of dollars, south Florida as an ex- over a third of $1 billion to go to this judgment, in the studies that I have ample is another place, and we find particular project without knowing ex- read, one of the principal contributors that they have so changed the land- actly what it is, I suggest, is a predi- to the saline and nutrient problem. scape and hydrology, have provided for cate to legislative disaster, just as we Looking at the modifications that need the incursion of salt water and the have had the ecological disaster. A 350 to be made to facilitate the dealing damage to these natural areas to a billion dollar water project without with the Clean Water Act, dealing with great extent by upsetting the balance. definition! NEPA, dealing with the judicial review But what we do not need on top of the I understand that without quick ac- process so that we can move ahead ecological man-made disaster here is a tion, without better action, we will quickly, but having a common under- legislative disaster. That is, frankly, have a continuing compounding of the standing of what the specific project is where we are going. problem that is going on within the going to be, we do not have that. Everyone agrees that there ought to Salton Sea ecosystem, but if we are so Mr. BILBRAY. Mr. Speaker, will the be a project which addresses the prob- hell-bent on action in this case, one gentleman yield? lem but we ought to make the commit- way we could do that is to appropriate Mr. VENTO. I yield to the gentleman ment to do that, and that it ought to the money this year, right now, appro- from California. be done on a broad-based basis, and priate some money and fence it so that Mr. BILBRAY. Mr. Speaker, I appre- there is someone out there that has ap- it is there pending authority as to en- ciate the gentleman’s remarks. The parently come up with a number: $350 actment of a policy law. That is what gentleman is on a border State. million to something in excess of that the major hang-up is going to be in Mr. VENTO. Mr. Speaker, reclaiming with studies, $350 million, over a third terms of what we are doing here com- my time, I am on a what State? of a billion dollars, to, in fact, resolve ing up with the money. In other words, Mr. BILBRAY. Mr. Speaker, the gen- this problem, and they are apparently we authorize many programs, and they tleman is on a border State; he is up not ready to say exactly what that do not receive the funding or the full North, I am down South. There are two project ought to be. But they suggest funding—that is what has repeatedly borders, though we forget about that to those of us that raise questions occurred with this issue in fact! sometimes. about this that, in fact, we have had I noted that our colleague from Cali- I want to clarify. The gentleman said enough study; we have had study for 20 fornia, the chairman of the Sub- this happens in many places. Where years, and we do not need any more committee on Appropriations, implied else in the United States do we have a that some funds have already being set study. problem like this that has been perpet- Well, I think we need to know how aside, but I doubt anything of the mag- uated through either Federal inaction 1 we are going to use that information, nitude of what is being done. That is ⁄3 or inappropriate action and been per- how we are going to use that knowl- of billion has been set aside! In other petuated through Federal agreements edge. The fact is that water projects words, the spending and standing the with foreign governments? that are actually understood and de- legislative process on its head as is I think the gentleman has to admit fined much less presented in a glowing being proposed in the underlying vehi- this is unique in one aspect. generality such as this Salton Sea cle here is, I think, the wrong way to Mr. VENTO. Mr. Speaker, reclaiming go and likely raising hopes but in the project are often among the most con- my time, there are some unique as- end frustrating a final solution. troversial measures that the Congress pects of this. I am just pointing out I think it is destined to be and to that there are man-made ecological deals with. make something that should not and Our job in Congress really is not all disasters of some magnitude in Florida, would not apparently be controversial, that complicated. I always think of it in California. Fortunately, I do not extremely controversial. as trying to translate new information So I would hope that in this instance know that we can compare the great or knowledge into public policy. But we would stop and take a closer look at State of Minnesota’s environmental what is missing here is not the accu- this, recognize that having it follow problems to this. We have had some mulation of a lot of information, but a the normal process in terms of going problems incidentally with Canada and conclusion a solution and we are pass- through and pushing and directing the nonnative species like the sea ing the buck, quite frankly, in this bill. administration, as this bill initially lamphrey in Lake Superior. But I In the next 18 months we are saying to does and as the substitute does, directs thank the gentleman, and I appreciate the administrator, whether it is Sec- the administration to come up with a his point. And hope he understands retary Babbitt or whether it is others sound proposal that we can then au- mine. That’s why I support the Miller in the EPA in this Clinton administra- thorize and fund, and go through the substitute. tion in whom I have some confidence, proper form of debate, rather than sus- Mr. CALVERT. Mr. Speaker, I yield 7 we are suggesting that they will come pending our responsibilities and then minutes to the gentleman from Califor- up with a final solution, and they will afterwards suggesting that we can deal nia (Mr. HUNTER). bring it to Congress for a review, but it with this by remote control. Look, Ma, Mr. HUNTER. Mr. Speaker, I thank is not within the context of our legal no hands. the gentleman for yielding me this law making responsibilities, not within We cannot function that way in this time. the context of our oversight respon- institution. We should not. I do not I want to address some of the con- sibility in terms of this. think it is a responsible way. I applaud cerns that have been voiced here by the In fact, there has been some question my colleagues for their enthusiasm, last speaker, my good friend from as to statements made by the advo- and I applaud them for their efforts to Michigan (Mr. VENTO). cates of this measure that the actions do something good for the Salton Sea, First, this is a bipartisan bill, and that they pretend are powerful limits but this is the wrong way to do it. this is a bill that is the subject of enor- in terms of what Congress would do are The right way to do it is by adopting mous compromise. I want to tell my not even constitutional in terms of the Miller amendment in this case and colleagues first about part of that com- their nature. In fact, they represent providing a specific project, providing promise. something like akin to and connected specific actions that we know, and then A number of the groups that have to a legislative veto. That is not pos- try to come back at that point with written in saying they have some prob- sible. It is not possible to do that. We that knowledge in hand, with that spe- lems with the bill, and the first biggest have been there, we have tried that, cific project in hand and deal with problem has been taken care of, and and the courts have said that particu- whatever mitigation has to be done, al- that was using the Land and Water lar congressional action is invalid. locating the dollars based upon a sound Conservation Fund. That is now no So the suggestion that we can bring authority and policy. longer a problem. this back and somehow keep review of There are many problems with this They said there was another problem. it is a curious statement and in error. bill that I could go into, including the They said, you are changing the Clean H5560 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Water Act. Well, once again, we have a Now, let me go to the second point, really care about the 380 bird species, legal opinion voiced by a number of at- and that point is the 18 months. they are going to agree to. torneys who should know who say that b 1845 So let us get on with this bill. Let us one cannot clean up a river using wet- get it passed. I thank the gentleman lands under the present tight construc- We had a 12-month period for study for taking the unanimous consent to tion of the Clean Water Act because, it before construction, although this make the land-water conservation fix says, if one takes a bucketful of water thing has been studied 30 years, as the that was offered by this side, but this is out of a river, one has to return that gentlewoman and the gentleman from the right action to take. Once again, bucketful of water in drinking-water California (Mr. CALVERT) had men- let us go back to Sonny Bono, who form. tioned. We had given a 12-month period said, why can not we just get this thing Now, one cannot do that if one builds for study. We sat down in a good talk- done? Let us get started, at least. a series of marshes along the New ing session with Secretary Babbitt at Mr. CALVERT. Mr. Speaker, I yield 5 River, as we intend to do. We intend to the Salton Sea, with Secretary Bab- minutes to the gentleman from Red- build one of the biggest wetlands bitt, his staff and himself. He said es- lands, California (Mr. LEWIS). projects in America that will host hun- sentially to me, I do not think I can do Mr. LEWIS of California. Mr. Speak- dreds of thousands of birds, hundreds of it in 12 months, but he did say in that er, I thank my colleague for yielding species, and yet, because of the way we conversation they thought they could time to me. It is a pleasure to rise wrote the Clean Water Act, we cannot do it in 18 months. today and join my colleagues on both do it, so we live with the most polluted We worked with his staff. His staff sides of the aisle who are strongly com- river in North America in New River. sat in on a number of these meetings, mitted to finding solutions to the tre- Now, we worked with all sides on this and they said 18 months. When we met mendous challenge that is this great thing, and I have here the author of with Senator BOXER, she wanted us to environmental project in Southern this much-hated provision, and the au- move from 12 to 18 months, so we did California that is known as the Salton thor, according to my memorandum, is it. We said, we will compromise, we Sea. the gentleman from California (Mr. will give 18 months. I must say that in the initial stages MILLER). Because the gentleman from Another thing we were concerned of my hearing this discussion, I was in- California (Mr. MILLER) sent a memo about, of course, was judicial review. trigued to see both my colleague, the over to the chairman of the Committee We did not want lawsuits to stop ac- gentleman from California (Mr. on Transportation and Infrastructure, tion on the sea while the sea died. I GEORGE MILLER) speaking, and he was the gentleman from Pennsylvania (Mr. think the gentleman can understand being aided by his friend, the gen- SHUSTER), or his staff did, saying, in that, because as the gentlewoman from tleman from Minnesota (Mr. BRUCE general, the gentleman’s preferred California (MARY BONO) has shown us, VENTO), and it was almost deja vu all course of action is to amend Title I of the sea is on a death watch. It is very over again. I remember fighting the bill, as reported, et cetera, and predictable. At 60,000 parts per million, months on this, fighting to get access they go on to give us the language that as it gets saltier and saltier, all the to our desert lands by both the gen- they would like to have. The language fish die, so we have to move now. And tleman from Minnesota (Mr. VENTO) says, ‘‘Subsection D, authorization of if somebody sues us and the court date and the gentleman from California (Mr. appropriations for river reclamation is not set for 2 years, and then another MILLER), and the thrill of that process and other irrigation of drainage water suit is filed and that court date is not was that we won a few. actions under this section, there are set for 2 years, the sea expires. The sea I have a sense we might win a few authorized to be appropriated to the dies while we are tied up in court. today, as well, for there is little ques- Secretary for Land and Water Con- So what we said was, okay, to Sen- tion that this coalition has gone to- servation Fund 3 million.’’ That is the ator BOXER and others who wanted to gether that is a nonpartisan, bipartisan $3 million that goes into cleaning up have judicial review, we said we will. effort to make sure that this tremen- New River. And above that, ‘‘No permit Let us just say that we have to have dous asset, the Salton Sea, is saved, fi- shall be required under section 402 of expedited judicial review. We said we nally. It is going forward. the Federal Water Pollution Control wanted to direct the court in this lan- I must say to my friend, it is going Act, 33 USC 1342, for a wetland filtra- guage to expedite review. forward almost entirely because of the tion or constructed wetlands project That means when you have a tem- rather fantastic leadership of the gen- authorized by subsection A–1 of this porary restraining order, if somebody tlewoman from California (Mrs. BONO), section.’’ sues and says, I do not like this be- the new congresswoman from Riverside We took the gentleman’s exact lan- cause I live down here and I do not County, who has done a phenomenal guage that he gave us to put in the bill want to have the sea saved because I job to make sure we keep our eye on to take care of the problem, and now think the gentleman from Minnesota this very important target. we are told that it is still a problem. I (Mr. VENTO) is right, it is an ecological If we should remove our serious at- guess I would say to my friend from disaster, so let us have it die, and they tention from this for a moment the California (Mr. MILLER), I want the happen to get a TRO from somebody, a Salton Sea will be gone in terms of its gentleman to take yes for an answer. temporary restraining order, we will effective use for the people of Southern Mr. MILLER of California. Mr. say you have to go to trial in 60 days. California, and peoples all over the Speaker, will the gentleman yield? That means do not put the thing off for country who appreciate just what an Mr. HUNTER. I yield to the gen- 2 years while the sea dies, that means important environmental asset this is. tleman from California. you go to trial in 60 days. So we have I must say that the cost that is being Mr. MILLER of California. Mr. put in expedited judicial review instead suggested here is almost beside the Speaker, the gentleman knows my first of eliminating judicial review, so in all point. We are moving forward quickly preference was to remove the exemp- areas we have made compromises. with rounding out what have been tion from the legislation. We were then I say to my friend, the gentleman years and years of study. The author- asked technically on how you would do from California (Mr. MILLER), I called ized amount that involves the project it if you were going to do it the way one of my constituents last night who is the minimum amount we need for you wanted to do it, and we said that is had signed one of the letters from one whatever approach is finally selected. how you would do it the way you want- of the environmental organizations There is little doubt that we are going ed to do it. Our first preference was to that said, we are against it for ump- to get to that decision very, very take it out of the bill, as recommended teen reasons. I explained the reason for quickly. by the administration and others. the clean water change. I would suggest to my colleague, the Mr. HUNTER. Mr. Speaker, in the He said, that makes perfect sense. He gentleman from California (Mr. MIL- spirit of compromise, however, the gen- said, that is not what they told me LER), that we need to have this author- tleman did provide language and we did when they called me and said they ization in place early on because that put in, I would say to the gentleman, wanted me to sign it. I think if Mem- is the way we go about getting money his precise language. bers explain that to the people who in the pipeline in the appropriations July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5561 process, very quickly. We cannot afford Mr. BROWN of California. I yield to solve the problem of funding from the to wait. Therefore, we are going for- the gentleman from California. Land and Water Conservation Fund, ward with that minimum amount that Mr. LEWIS of California. Mr. Speak- which some Members may not think is is needed. er, I do not mean to take much of the important, but anything that brings In turn, I must say that if my col- gentleman’s time, but I was away at down the wrath of practically every en- league remembers some years ago, that hanging as well, and I must say, vironmental group in this country is of back in 1974, when Shirley Pettis was a at the Library of Congress they had considerable importance to me. It Member of Congress, she being here be- this wonderful ceremony where both could mean I would not get reelected, cause her husband, too, had been killed the gentleman from Wisconsin (Mr. JIM for example, and that sometimes influ- in a tragic accident, raised this flag, SENSENBRENNER) and the chairman, the ences my judgment a little bit. the most important environmental gentleman from California (Mr. The fact that the authors and man- project in the country, I must say, if GEORGE BROWN) were being honored agers of the bill have been willing to we had moved forward then instead of with their portraits being presented to accept that change is a very encourag- having these same kinds of questions a cross-section of family and friends as ing thing in itself. That does not solve interfering with that progress, the a reflection of years and years of dedi- all of the problems. Nothing ever does project would have been completed. It cated work on both their parts, but es- in a piece of complex legislation. would have cost, before, one-fifth of pecially my colleague, the gentleman I am learning a great deal about the what it is going to cost, and indeed, from California (Mr. GEORGE BROWN). politics of water in the inland empire this discussion would not have been And I know he wanted to be here. and in the Salton Sea area, and how necessary today. I say to the gentleman from Califor- many different interests are at stake I want Members to know that I am nia (Mr. BROWN), he should be the first here, and the steps that will be taken proud, very proud of those colleagues to know that we have taken out of the in order to protect the interests of who have joined with me in this effort, bill those few little items he was con- some of the groups that are involved. I but especially pleased to join with the cerned about, so he can be as enthu- hope I can benefit from what I have gentlewoman from California (Mrs. siastic as he likes. learned here. MARY BONO) in what will be a success- Mr. BROWN of California. Mr. Speak- I am going to support the Miller ful and perhaps the most important en- er, I appreciate the gentleman’s com- amendment, because while it reduces vironmental project of this decade. ments. Of course, I am extremely en- the scope of the bill, and originally I Mr. HUNTER. Mr. Speaker, will the thusiastic about the need to solve the had wanted a bill that would make it gentleman yield? problems of the Salton Sea and the ef- clear that the Congress wanted to Mr. LEWIS of California. I yield to forts we are making. I am encouraged carry this thing through to comple- the gentleman from California. by the large amount of interest in the tion, that it would authorize not only Mr. HUNTER. Mr. Speaker, I want to Congress, and in general in the public, the necessary research and the design say to the gentleman that he has been in doing something about this problem. and specifications for the preferred so- this year appropriating some money to I have been rather cynical over the lution, but would actually authorize get the process started, he has already past, because I have followed every the construction, I am inclined to moved out on the project. We deeply study for the last 30 years aimed at think that that is one of the things appreciate that action. It was really solving this problem, and seeing them that has added undue complexity to timely, and we are going to be able to come to naught, including the 1992 leg- this bill, and that by simplifying it and move this year. I understand the ad- islation, which actually authorized the doing it in two stages, we are likely to ministration is moving this year. same general type of study that we are Mr. LEWIS of California. Mr. Speak- succeed in getting better legislation in authorizing here in this bill, and $10 er, I appreciate that, but I would not the long run. million in order to fund that study, and My expectation is that the House will have been able to do that if the gentle- nothing of any substance has come out disregard my advice and the advice of woman from California (Mrs. BONO) had of that, which, as I say, has left me my good friend, the gentleman from not been beating me over the head al- somewhat cynical. California (Mr. MILLER), and will pass a most every day. I would like to say that I am a co- Mr. CALVERT. Mr. Speaker, will the less than perfect bill. It would not be author of the bill. I want to see suit- gentleman yield? the first time that that has happened. Mr. LEWIS of California. I yield to able legislation passed. I have had res- Mr. Speaker, I have co-sponsored this the gentleman from California. ervations about the bill as it had amendment with my colleague from California Mr. CALVERT. Mr. Speaker, I also emerged from committee, not because I to offer a constructive alternative that takes thank the gentleman for his hard work did not appreciate the work done in into account political, fiscal and environmental in moving this Salton Sea project. committee to get the bill out, but be- realities. My motivation is simple: I do not just With the gentleman’s help, we are cause I was fearful that the product want a House-passed bill, I want a bill which going to get this done today. would not survive the intense scrutiny will be passed by the Senate and signed by Mr. LEWIS of California. It will be a of the other body, and that in all likeli- the President. The underlying bill, though it great time to celebrate, but it is only hood might not survive and be ap- may win House approval, will not be enacted the beginning. I really do appreciate proved by the President. That concerns into law. this nonpartisan effort. me, because I do not wish to have spent The substitute which I have co-sponsored Mr. MILLER of California. Mr. all of this time and effort in a futile ex- with my colleague Rep. MILLER, does not con- Speaker, I yield such time as he may ercise if we can do better. tain both the authorization of feasibility studies consume to the gentleman from Cali- It is my view that we could do better. and construction, which might hasten the com- fornia (Mr. BROWN). I have cosponsored the amendment of pletion of the project. However, it does set (Mr. BROWN of California asked and my good friend, the gentleman from specific deadlines for Congressional and Ad- was given permission to revise and ex- California (Mr. MILLER), because that ministration action, including direction to the tend his remarks.) amendment or that substitute on his Administration to provide draft authorizing lan- Mr. BROWN of California. Mr. Speak- part has eliminated much of the mate- guage for the selected mitigation option. er, I thank the gentleman for yielding rial that I think would have caused I must admit to having a less than adequate me this time. I think I owe the body an this problem in the other body, or response to those who are asking: ``Why apology for not being able to be here would have precluded or would have should we authorize $350 million for a project earlier, because I wanted very much to caused the President to veto the bill. that is not fully defined?'' They can rightly participate in this debate, but I was en- Now I am encouraged by the fact, as claim we are asking them to buy ``a-pig-in-a- gaged in a ceremony which only occurs my good friend, the gentleman from poke.'' It is not possible to fully define environ- once in a lifetime. That is being hung, California (Mr. LEWIS) has just re- mental restoration projects from the outset. your portrait being hung, in the com- ported to me, and as the gentlewoman This amendment provides a framework to mittee room. from California (Mrs. BONO) had re- begin action. Mr. LEWIS of California. Mr. Speak- ported to me earlier in the afternoon, I would rather see the process of saving the er, will the gentleman yield? that agreement had been reached to re- Salton Sea move forward more slowly, but H5562 CONGRESSIONAL RECORD — HOUSE July 15, 1998 with more certainly, than risk losing this bill will be spent in a scientifically sound Mr. Speaker, I yield such time as he because of the questionable shortcuts which fashion; that we will not deal with just may consume to the gentleman from are included in it. one part of the problem of the Salton Minnesota (Mr. OBERSTAR). I would like to take a few minutes to outline Sea, which is the salinization, the con- (Mr. OBERSTAR asked and was given some of the other provisions of this amend- tinued increased salinization of the permission to revise and extend his re- ment. Salton Sea, but we will also deal with marks.) Our substitute authorizes funding through the other concerns with respect to the Mr. OBERSTAR. Mr. Speaker, I rise traditional sources of water project funding. fish kills and the bird die-off that is in support of the Miller amendment. The funds needed for research, feasibility taking place today, before the Mr. Speaker, I rise in support of the Miller- studies, and construction on the Salton Sea salinization reaches the levels people Brown amendment, and in strong opposition to should come from the traditional sources dedi- have talked about in the coming dec- the underlying bill. While I fully support efforts cated to these purposes. While it is tempting ade. That is the problem of the Salton to restore the Salton Sea, I cannot support a to suggest otherwise, we westerners cannot Sea currently today. bill which includes exemptions from the Clean avoid setting priorities for expenditures on our Also, let me say this, that this Water Act, and could actually reduce the abil- water projects by raiding other accounts. amendment removes all of the objec- ity of the Environmental Protection Agency to This is tantamount to admitting that the tions of the Clinton administration. It protect this resource. Salton Sea isn't really a priority and that removes all of the objections of the The proponents of the bill claim that it will southern California should not expect to be al- Taxpayers for Common Sense. It re- benefit the environment. If that is so, why is located its fair share of water project funds. I moves all of the objections of the envi- every major environmental organization op- firmly reject both of these notions. ronmental legislation. posed to it? The reasons are simpleÐ This substitute contains no Clean Water Act That means that this legislation, if It creates an exemption to the Clean Water permit exemptions. I do not believe the au- amended with my substitute, would Act. thors of the underlying bill intended anything have the ability to go to the Senate, be It excuses local water companies from their bad in the provisions of the underlying bill. taken from the desk, and bypass all of rightful liabilities. However, the truth isÐthis provision is unnec- the committee considerations and all It could divert scarce resources from EPA's essary and it looks suspicious. It is true that of the things that we know happen to environmental programs. the New and Alamo Rivers are in desperate you when you go to the Senate late in These concerns make the bill unacceptable. need of clean up, but so are many of our the legislative year. I am particularly concerned about the ex- other rivers, and we can not and should not I believe that with the commitment emption in this bill to the Clean Water Act. address the problems through permit exemp- of the coalition, the commitment of How can you say that you are doing good for tions. the gentleman from California (Mr. the environment if you need an exemption The constructed wetland projects that are BROWN) and the gentlewoman from from environmental protection laws? envisioned can move forward in a timely man- California (Mrs. BONO) and everybody The Clean Water Act has been under as- ner. We do not need to bypass the Clean else to this process, that we will in fact sault by the majority since they won control of Water Act and leave the process open to criti- see the results of these studies enacted the House. In the last Congress, we had to into law. cism. fight the waivers, loopholes and rollbacks of Our substitute also does not contain the b 1900 H.R. 961Ðthe Dirty Water Bill. Later, we had broad liability exemption for the local water I think we have a better opportunity to fight anti-environmental riders to the Appro- districts that have made their way into the un- of seeing that done with this amend- priations bill. Now today, we are faced with yet derlying bill since introduction. While some ment. We have accepted the change, I another attempt to create more exemptions to type of limited liability protection may be rea- was hoping to offer the amendment but environmental protection. These assaults on sonable, that is not what the underlying text the rule did not allow for that, but we the Clean Water Act must stop. contains. We should not be creating an open- accepted the unanimous consent re- The Clean Water Act is our Nation's most ended exposure for federal liability in our ef- quest by the gentleman from New York successful environmental law. Yet, one of its forts to address the Salton Sea's problems. I, (Mr. BOEHLERT) to remove the funding most glaring weaknesses is that irrigation re- and all concerned, want to ensure that federal, from the Land and Water Conservation turn flows are not subject to regulation. How state, and local dollars are spent on clean up Fund. That is an improvement. ironic that, at the Salton Sea, are these very activite, not on lawsuits. But let me reiterate and emphasize irrigation return flows are the major source of Finally, I want to once again reiterate my to all of my colleagues that that does pollution, and that this bill specifically allows continued commitment to work with all inter- not remove the objections of the envi- untreated irrigation return flows to continue to ested parties to restore and preserve the ronmental organizations. That does be dumped into the Salton Sea. Salton Sea. I want a bill that Members of both not remove the objections of the Clin- Instead of treating the sources of pollution parties in both legislative bodies will be proud ton administration, objections which to the Salton Sea, this bill would preserve the to support and that the President will be anx- are substantial, objections that are se- existing exemption for irrigators, and create a ious to sign. I want a bill that is as enthusiasti- rious to this legislation. new exemption from the Clean Water Act. cally endorsed by the environmental commu- I would hope that the Members of the If the proponents of this bill are serious nity as it is by the water district representa- House would vote for this substitute about addressing the water quality issues at tives. I believe the substitute Mr. MILLER and because it does deal with the problems the Salton Sea, their bill should address the I are offering is closer to achieving that goal of the Salton Sea. It does deal with sources of the pollution. That objective would than the underlying bill and I urge my col- them on the timetable suggested by best be served by preserving the Clean Water leagues to support our substitute. the majority, but what it does not do is Act, and addressing the pollution from irriga- Mr. MILLER of California. Mr. it does not preauthorize an unknown tion return flows. Speaker, I yield myself the balance of $350 million project. It does not waive This bill does neither. my time. the Clean Water Act or limit judicial If we want to improve the quality of the envi- The SPEAKER pro tempore. The gen- review. It does not make the U.S. tax- ronment and protect the Salton Sea, we tleman from California (Mr. MILLER) is payers 100 percent liable for all of the should reject the pending bill and support the recognized for 11 minutes. activities that will take place around Miller-Brown substitute. Mr. MILLER of California. Mr. the Salton Sea. And it does not contain Mr. MILLER of California. Mr. Speaker, let me just say in closing on an unconstitutional review scheme. Speaker, I yield back the balance of this amendment, I think what this It does preserve the purpose, the in- my time. amendment does is it ensures the prob- tent and the outcomes that are sought Mr. CALVERT. Mr. Speaker, I yield ability that this legislation will be- in the legislation but without all of the myself such time as I may consume. come law, and that we can get on with harmful provisions that are currently I want to point out that there is an curing the problems of the Salton Sea. embodied in the bill as it came from existing 30 years of studies on the It also ensures that when we go to cure the committee. I would hope that shelf. Quite literally, thousands of those problems, that we know exactly Members would support the substitute pages and millions of dollars have been what we are doing, and that the deci- by myself and the gentleman from spent and the time for action has fi- sions we make and the money we spend California (Mr. BROWN). nally come to move from the study July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5563 phase to a consensus-based Federal, studies, and they know that it is a Rahall Sherman Thurman State, local, NEPA approved engineer- joke. They will see the front pages and Ramstad Sisisky Tierney Rivers Skaggs Torres ing solution. Every day compounds the the headlines, and they will say, no Rodriguez Slaughter Towns environmental problems of the sea, more studies. Roemer Smith, Adam Turner adding time and expense to the solu- Let us get serious here. The one Rothman Snyder Velazquez Vento tion. Act now or the sea dies, period. Rush Spratt thing that Sonny said is, no more stud- Sabo Stabenow Visclosky Mr. Speaker, I yield such time as she ies. I think we need to prove that now. Sanchez Stark Wamp may consume to the gentlewoman in I think, again, it is time for Congress Sanders Stenholm Waters Watt (NC) California (Mrs. BONO). Sandlin Stokes to lead. I just think it is time for a bi- Waxman Mrs. BONO. Mr. Speaker, I thank my Sanford Strickland partisan Congress to prove that we will Sawyer Stupak Wexler distinguished colleague and dear friend finally get serious here and clean up Scott Tanner Wise for, first of all, his leadership on this the Salton Sea. Serrano Tauscher Woolsey Wynn and steering it through today. I am a Mr. CALVERT. Mr. Speaker, I yield Shays Thompson little bit disturbed about something I back the balance of my time. NAYS—218 heard earlier in the remarks by one of The SPEAKER pro tempore (Mr. my colleagues from California when he Aderholt Gekas Norwood PEASE). The question is on the amend- Archer Gibbons Nussle said that he bowed under pressure that ment in the nature of a substitute of- Armey Gilchrest Oxley he was facing from certain environ- fered by the gentleman from California Bachus Gillmor Packard Baker Gilman Pappas mental groups to go ahead and support (Mr. MILLER). the Miller-Brown substitute. Ballenger Goodlatte Parker The question was taken; and the Barr Goodling Paxon What about pressure from ordinary Speaker pro tempore announced that Barrett (NE) Goss Pease people? What about pressure from peo- the noes appeared to have it. Bartlett Graham Peterson (PA) Barton Granger Pickering ple who live near the Salton Sea within Mr. MILLER of California. Mr. the 44th district of California? What Bass Greenwood Pitts Speaker, I object to the vote on the Bateman Gutknecht Pombo about pressure from those people, not ground that a quorum is not present Bereuter Hall (TX) Portman Bilbray Hansen Pryce (OH) the pressure from people who live in- and make the point of order that a side the Beltway, who live inside Wash- Bilirakis Hastert Quinn quorum is not present. Bliley Hastings (WA) Radanovich ington here? Blunt Hayworth Redmond Who cares about how we are going to The SPEAKER pro tempore. Evi- dently a quorum is not present. Boehlert Hefley Regula be rated on a score card if this is what Boehner Herger Riggs is, in fact, right. And it is. One of my The Sergeant at Arms will notify ab- Bonilla Hilleary Riley sent Members. Bono Hobson Rogan greatest political mentors is Bruce Brady (TX) Hoekstra Rohrabacher Herschson. He said something brilliant. The vote was taken by electronic de- Bryant Horn Ros-Lehtinen He said, one day as a Member of Con- vice, and there were—yeas 202, nays Bunning Hostettler Roukema 218, not voting 14, as follows: Burr Houghton Royce gress you might have that vote that Burton Hulshof Ryun comes before you that you know is [Roll No. 281] Buyer Hunter Salmon right. You know you are going to have YEAS—202 Callahan Hutchinson Saxton to make that vote and know that it Calvert Hyde Scarborough Abercrombie Engel Lewis (GA) Camp Inglis Schaefer, Dan might cost you something. Perhaps Ackerman Eshoo Lipinski Campbell Istook Schaffer, Bob this is that vote for my colleague here. Allen Etheridge Lofgren Canady Jenkins Sessions I am deeply concerned about the Mil- Andrews Evans Lowey Cannon Johnson (CT) Shadegg Baesler Farr Luther Castle Johnson, Sam Shaw ler substitute for a number of reasons. Baldacci Fattah Maloney (CT) Chabot Jones Shimkus First of all, I think it is a mistake to Barcia Fazio Maloney (NY) Chambliss Kasich Shuster offer something, a study, again, au- Barrett (WI) Filner Manton Chenoweth Kelly Skeen Becerra Forbes Markey thorize a significant amount of money Christensen Kennedy (MA) Skelton Bentsen Ford Martinez Coble Kim Smith (MI) to say we will study this again, know- Berman Frank (MA) Mascara Coburn King (NY) Smith (NJ) ing that perhaps we might not go Berry Frost Matsui Collins Kingston Smith (OR) through with the solution here. I think Bishop Furse McCarthy (MO) Combest Klug Smith (TX) Blagojevich Gejdenson McCarthy (NY) Conyers Knollenberg Smith, Linda that is the ultimate deal here. Blumenauer Gephardt McDermott Cook Kolbe Snowbarger I think we are saying we are going to Bonior Goode McGovern Cooksey LaHood Solomon go ahead and tell the American people Borski Gordon McHale Cox Largent Souder Boswell Green McIntyre again, we are afraid to lead here in Crane Latham Spence Boucher Gutierrez McKinney Crapo LaTourette Stearns Congress so we will write a check and Boyd Hall (OH) Meehan Cubin Lazio Stump study it again. Three years from now Brady (PA) Hamilton Meek (FL) Cunningham Leach Talent we are going to maybe study it again. Brown (CA) Harman Meeks (NY) Davis (VA) Lewis (CA) Tauzin Brown (FL) Hastings (FL) Menendez Deal Lewis (KY) Taylor (MS) That is where we are right here. Brown (OH) Hefner Millender- DeLay Livingston Taylor (NC) It is time for Congress to say no Capps Hilliard McDonald Diaz-Balart LoBiondo Thomas more. It is time for Congress to say, we Cardin Hinchey Miller (CA) Dickey Lucas Thornberry Carson Hinojosa Minge are serious here, and we are going to do Doolittle Manzullo Thune Clay Holden Mink Dreier McCollum Tiahrt this. I think that we need to get away Clayton Hooley Moakley Dunn McCrery Traficant from the Miller amendment just for Clement Hoyer Mollohan Ehrlich McDade Upton Clyburn Jackson (IL) Moran (VA) Emerson McHugh Walsh that very reason. Condit Jackson-Lee Murtha The Salton Sea will never be 100 per- English McInnis Watkins Costello (TX) Nadler Ensign McIntosh Watts (OK) cent perfect for anybody, their side, Coyne Jefferson Neal Everett McKeon Weldon (FL) our side, whomever. But it can be a lot Cramer John Oberstar Ewing Metcalf Weldon (PA) better than it is. It is a mistake for us Cummings Johnson (WI) Obey Fawell Mica Weller Danner Johnson, E. B. Olver Foley Miller (FL) White to stop what we are doing, to stop the Davis (FL) Kanjorski Ortiz Fossella Moran (KS) Whitfield progress simply because it cannot be Davis (IL) Kaptur Owens Fowler Morella Wicker 100 percent. I think we see that in all of DeFazio Kennedy (RI) Pallone Fox Myrick Wilson DeGette Kennelly Pascrell the issues that they have raised. It will Franks (NJ) Nethercutt Wolf Delahunt Kildee Pastor Frelinghuysen Neumann Young (AK) never be 100 percent, but it will be DeLauro Kilpatrick Paul Gallegly Ney Young (FL) close to that. Deutsch Kind (WI) Payne Ganske Northup I think to study it again, once more, Dicks Kleczka Pelosi Dixon Klink Peterson (MN) NOT VOTING—14 will just be an insult to the people who Doggett Kucinich Petri live around the area. And when I trav- Dooley LaFalce Pickett Dingell Rangel Sensenbrenner el, when I campaign, when I just get Doyle Lampson Pomeroy Gonzalez Reyes Sununu Duncan Lantos Porter Hill Rogers Weygand out in the district, all I hear is, let us Edwards Lee Poshard Linder Roybal-Allard Yates save the Salton Sea. People see the Ehlers Levin Price (NC) McNulty Schumer H5564 CONGRESSIONAL RECORD — HOUSE July 15, 1998 b 1923 Nethercutt Roemer Souder Miller (FL) Reyes Yates Neumann Rogan Spence Oxley Roybal-Allard Mr. WELLER, Mrs. CUBIN, Mr. Ney Rogers Stearns Rangel Schumer LAZIO of New York, and Mr. BLUNT Northup Rohrabacher Sununu Norwood Ros-Lehtinen Talent b 1941 changed their vote from ‘‘yea’’ to Nussle Roukema Tauzin ‘‘nay.’’ Ortiz Royce Taylor (MS) Messrs. GOODLATTE, KINGSTON, Mr. WEXLER changed his vote from Packard Ryun Taylor (NC) EHLERS and HEFNER changed their ‘‘nay’’ to ‘‘yea.’’ Pappas Saxton Thomas vote from ‘‘yea’’ to ‘‘nay.’’ Parker Schaefer, Dan Thornberry So the bill was passed. So the amendment in the nature of a Paxon Schaffer, Bob Thune substitute was rejected. Pease Sessions Thurman The result of the vote was announced The result of the vote was announced Peterson (PA) Shadegg Tiahrt as above recorded. Pickering Shaw Traficant A motion to reconsider was laid on as above recorded. Pickett Shimkus Walsh PERSONAL EXPLANATION Pitts Shuster Watts (OK) the table. Pombo Sisisky Weldon (FL) f Mr. WEYGAND. Mr. Speaker, just a few Pomeroy Skeen Weldon (PA) minutes ago, as I was returning from the Portman Skelton Weller b 1945 White House, I missed rollcall vote 281. Had Pryce (OH) Smith (MI) White I been present, I would have voted ``aye'' on Quinn Smith (NJ) Whitfield PROVIDING FOR CONSIDERATION Radanovich Smith (OR) Wicker OF H.R. 4104, TREASURY, POSTAL the Miller substitute. Redmond Smith (TX) Wilson The SPEAKER pro tempore (Mr. Regula Smith, Linda Wolf SERVICE, AND GENERAL GOV- PEASE). Pursuant to House Resolution Riggs Snowbarger Young (AK) ERNMENT APPROPRIATIONS ACT, 500, the previous question is ordered on Riley Solomon Young (FL) 1999 the bill, as amended. NAYS—200 Mr. GOSS. Mr. Speaker, by direction The question is on the engrossment Abercrombie Gutierrez Oberstar of the Committee on Rules, I call up and third reading of the bill. Ackerman Hall (OH) Obey House Resolution 498 and ask for its The bill was ordered to be engrossed Allen Hamilton Olver immediate consideration. Andrews Hastings (FL) Owens and read a third time, and was read the Baesler Hefley Pallone The Clerk read the resolution, as fol- third time. Baldacci Hefner Pascrell lows: Barcia Hilliard Pastor The SPEAKER pro tempore. The H. RES. 498 question is on passage of the bill. Barr Hinchey Paul Barrett (WI) Hinojosa Payne Resolved, That at any time after the adop- The question was taken; and the Bentsen Hoekstra Pelosi tion of this resolution the Speaker may, pur- Speaker pro tempore announced that Berman Holden Peterson (MN) suant to clause 1(b) of rule XXIII, declare the the ayes appeared to have it. Berry Hooley Petri House resolved into the Committee of the Bishop Hoyer Porter Whole House on the state of the Union for Mrs. BONO. Mr. Speaker, on that I Blagojevich Inglis Poshard demand the yeas and nays. Blumenauer Jackson (IL) Price (NC) consideration of the bill (H.R. 4104) making The yeas and nays were ordered. Bonior Jackson-Lee Rahall appropriations for the Treasury Department, The vote was taken by electronic de- Borski (TX) Ramstad the United States Postal Service, the Execu- Boswell Jefferson Rivers tive Office of the President, and certain vice, and there were—yeas 221, nays Boucher John Rodriguez Independent Agencies, for the fiscal year 200, not voting 13, as follows: Boyd Johnson (WI) Rothman ending September 30, 1999, and for other pur- [Roll No. 282] Brady (PA) Johnson, E. B. Rush poses. The first reading of the bill shall be Brown (FL) Kanjorski Sabo YEAS—221 Brown (OH) Kennedy (RI) Salmon dispensed with. Points of order against con- sideration of the bill for failure to comply Aderholt Davis (VA) Horn Camp Kennelly Sanchez Archer Deal Hostettler Campbell Kildee Sanders with section 306 of the Congressional Budget Armey DeLay Houghton Cardin Kilpatrick Sandlin Act of 1974 are waived. General debate shall Bachus Diaz-Balart Hulshof Carson Kind (WI) Sanford be confined to the bill and shall not exceed Baker Dickey Hunter Chabot Kingston Sawyer one hour equally divided and controlled by Ballenger Dooley Hutchinson Clay Kleczka Scarborough the chairman and ranking minority member Barrett (NE) Doolittle Hyde Clement Klink Scott Clyburn Klug Sensenbrenner of the Committee on Appropriations. After Bartlett Dreier Istook general debate the bill shall be considered Barton Dunn Jenkins Coble Kucinich Serrano Bass Ehrlich Johnson (CT) Conyers LaFalce Shays for amendment under the five-minute rule. Bateman Emerson Johnson, Sam Costello Lampson Sherman Points of order against section 628 for failure Bereuter English Jones Coyne Lantos Skaggs to comply with clause 2 of rule XXI are Bilbray Ensign Kaptur Cramer Lee Slaughter waived. During consideration of the bill for Bilirakis Everett Kasich Cummings Levin Smith, Adam amendment, the Chairman of the Committee Bliley Ewing Kelly Danner Lewis (GA) Snyder Davis (FL) LoBiondo Spratt of the Whole may accord priority in recogni- Blunt Fawell Kennedy (MA) tion on the basis of whether the Member of- Boehlert Fazio Kim Davis (IL) Lofgren Stabenow Boehner Foley King (NY) DeFazio Lowey Stark fering an amendment has caused it to be Bonilla Fossella Knollenberg DeGette Luther Stenholm printed in the portion of the Congressional Bono Fowler Kolbe Delahunt Maloney (CT) Stokes Record designated for that purpose in clause Brady (TX) Fox LaHood DeLauro Maloney (NY) Strickland 6 of rule XXIII. Amendments so printed shall Brown (CA) Frank (MA) Largent Deutsch Manton Stump be considered as read. The chairman of the Bryant Franks (NJ) Latham Dicks Markey Stupak Dixon Mascara Tanner Committee of the Whole may: (1) postpone Bunning Frelinghuysen LaTourette until a time during further consideration in Burr Frost Lazio Doggett Matsui Tauscher Burton Gallegly Leach Doyle McCarthy (MO) Thompson the Committee of the Whole a request for a Buyer Ganske Lewis (CA) Duncan McDermott Tierney recorded vote on any amendment; and (2) re- Callahan Gekas Lewis (KY) Edwards McGovern Torres duce to five minutes the minimum time for Calvert Gibbons Lipinski Ehlers McHale Towns electronic voting on any postponed question Canady Gilchrest Livingston Engel McIntyre Turner that follows another electronic vote without Cannon Gillmor Lucas Eshoo McKinney Upton Etheridge Meehan Velazquez intervening business, provided that the mini- Capps Gilman Manzullo mum time for electronic voting on the first Castle Goodling Martinez Evans Meek (FL) Vento Chambliss Goss McCarthy (NY) Farr Meeks (NY) Visclosky in any series of questions shall be 15 min- Chenoweth Graham McCollum Fattah Menendez Wamp utes. At the conclusion of consideration of Christensen Granger McCrery Filner Miller (CA) Waters the bill for amendment the Committee shall Clayton Green McDade Forbes Minge Watkins rise and report the bill to the House with Coburn Greenwood McHugh Ford Mink Watt (NC) such amendments as may have been adopted. Collins Gutknecht McInnis Furse Moakley Waxman Gejdenson Mollohan Wexler The previous question shall be considered as Combest Hall (TX) McIntosh ordered on the bill and amendments thereto Condit Hansen McKeon Gephardt Moran (VA) Weygand Cook Harman Metcalf Goode Murtha Wise to final passage without intervening motion Cooksey Hastert Mica Goodlatte Nadler Woolsey except one motion to recommit with or with- Cox Hastings (WA) Millender- Gordon Neal Wynn out instructions. Crane Hayworth McDonald The SPEAKER pro tempore (Mr. Crapo Herger Moran (KS) NOT VOTING—13 Cubin Hilleary Morella Becerra Gonzalez Linder LAHOOD). The gentleman from Florida Cunningham Hobson Myrick Dingell Hill McNulty (Mr. GOSS) is recognized for 1 hour. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5565 Mr. GOSS. Mr. Speaker, for purposes Committee on Rules any provision of the standing rules of the House in of debate only, I yield the customary 30 the bill that falls into those categories bringing forth a spending bill that ac- minutes to the distinguished gen- is vulnerable to being stricken by a tually meets the requirements we have tleman from Massachusetts (Mr. MOAK- point of order raised on this floor, set out for ourselves in our normal gov- LEY), pending which I will yield myself should Members wish to do that. ernment procedures. In my view, that such time as I may consume. During The only provision within this bill is a bit of a breath of fresh air, and I consideration of this resolution, all that this Committee on Rules has felt urge Members to support the rule so we time yielded is for the purpose of de- compelled to protect from that fate of can get on with the business of funding bate only. being stricken is the one which pre- the agencies covered by H.R. 4104, Post- Mr. Speaker, H.Res. 498 is a second cludes Members of Congress from re- al Treasury. attempt by our Committee on Rules to ceiving an automatic cost of living in- Mr. Speaker, I reserve the balance of bring forward H.R. 4104, the Treasury, crease, the congressional COLA. We all my time. Postal Service and General Govern- know that, without action by the Con- Mr. MOAKLEY. Mr. Speaker, I yield ment appropriation bills for fiscal year gress, a COLA for Members would auto- myself such time as I may consume. 1999. matically take effect. This year, as in I thank my colleague, the gentleman As Members may recall, on June 25, the past, the Committee on Appropria- from Florida (Mr. GOSS), my dear before the break, this House rather re- tions erected a barrier to that COLA in friend, for yielding this time to me; soundingly defeated the first rule we this bill so that there would be no such and, Mr. Speaker, I must again oppose brought forward, a rule that attempted automatic increase for Members’ pay. this rule. I would like to support the to balance all the competing demands By waiving the point of order under rule because it is open and it does give of the many Members with interest in House rule XXI that otherwise would Members an opportunity to offer this bill. We worked long hours at that lie against Section 628 of H.R. 4104, amendments that are germane and oth- time and jumped through a series of that is, the provision relating to the erwise in compliance with the rules. However, Mr. Speaker, the rest of the complicated hoops, making every ef- COLA, the Committee on Rules has in- rule is even more egregious than the fort to iron out the problems while re- sured that a procedural maneuver can- first rule for the bill, and that rule was maining as faithful as possible to our not be used to bring back to life the defeated by this House only 3 legisla- commitment to fiscal and legislative Members’ COLA salary adjustment. discipline. Given the wide margin of As one who continues to believe that tive days ago by an overwhelming vote defeat for that rule, however, we went the voters have not determined that we of 291 to 125. The changes from the pre- back to the drawing board and decided in this Congress deserve a raise, I sup- vious rule certainly do not fix the prob- lems that caused the rule to fail, so to let the chips fall where they may on port this action. presumingly, in fact, I think it even the host of controversial issues in this Mr. Speaker, this rule also waives points of order against consideration of makes the problems worse. bill, finding our guide in the normal The bill itself is not the problem, Mr. the bill for failure to comply with Sec- standing rules and procedures of the Speaker. As before, I think the under- tion 306 of the Congressional Budget House for consideration of annual lying bill is generally fair, and it is Act regarding the prohibition on con- spending bills. worthy of support. It provides $13.2 bil- So this evening, Mr. Speaker, we sideration of legislation within the lion in discretionary budget authority, bring H.Res. 498, a rule which, with one Committee on the Budget’s jurisdiction a slight increase from last year’s bill. exception, presents this appropriation unless reported by that committee. This level of funds should adequately bill for House consideration under the This is necessary because the appropri- support most of the programs and serv- normal process by which appropriation ators included within this bill funding ices that are covered by the bill. The bills may come to the floor. for the year 2000 problem, affection- major exceptions, however, continue to Members who have been around here ately known as Y2K, under an emer- be the Federal Election Commission, for a while may remember our es- gency designation, which is something which is funded significantly below the teemed former colleague, in fact leg- traditionally in the province of the level necessary to do its job properly end, the late Bill Natcher, a wonderful Committee on the Budget. This whole and effectively; and, furthermore, Mr. gentleman and appropriations cardinal Y2K issue and whether to call it an Speaker, the bill contains authorizing who prided himself on bringing forward emergency or to find offsets for the ad- language imposing term limits for the his annual spending bills without a ditional funding has been the subject of Commission’s staff directors and gen- rule. He willingly subjected himself much debate in this body, as Members eral counsel which will further impede and his legislative product to the will recall. This rule ensures that this the FEC’s ability to do its work objec- standing procedures of House rules, let- debate can continue allowing the mat- tively and impartially. ting the chips fall where they may and ter to come to the floor while allowing Mr. Speaker, I wish those in their of- making his case directly to the Mem- Members an opportunity to strike the fices would listen. This rule would ex- bers through open debate. Not only was emergency designation, should they pose nearly all of this bill to a point of he respected, he was successful. wish. order including the Office of Inspector What we are doing here today, Mr. Mr. Speaker, the rule does several ad- General of the Treasury, the Federal Speaker, comes very close to that type ditional standard things: Law Enforcement Training Center, the of effort. H.Res. 498 is an open rule pro- Providing priority and recognition to Bureau of Alcohol, Tobacco and Fire- viding for the traditional 1 hour debate those amendments that are preprinted arms, and most of the Customs Service, equally divided between the chairman in the CONGRESSIONAL RECORD and pro- the Mint, the Bureau of Public Debt, and ranking minority member of the viding that the chairman of the Com- the Secret Service, the Federal Elec- Committee on Appropriations with one mittee of the Whole may postpone re- tion Commission and the General Serv- exception. The rule is silent on the corded votes on any amendment. It ices Administration. many controversial provisions within also allows the chairman to reduce vot- Mr. Speaker, the rule also exposes to this bill that constitute legislating on ing time on postponed questions to 5 a point of order critical legislative lan- an appropriation bill or that provide minutes provided that the voting time guage to implement a new, fair and funding for programs and activities on the first in a series of questions is reasonable pay system to adequately that are not authorized. I am told by not less than 15 minutes. Lastly, the compensate the Federal firefighters for the subcommittee chairman that, in rule provides for 1 motion to recommit overtime. This provision is necessary fact, there is something like 80 percent with or without instructions. to correct a pay inequity between Fed- of the bill that would fall in that cat- Mr. Speaker, there may be some eral firefighters and their municipal egory. Members who wish this rule had come and civil service counterparts. I strong- As Members know, Mr. Speaker, both out differently, and some of those ly support this language, and I am dis- of those things are violations of rule Members probably did not like our first appointed that it is not protected in XXI of House rules. We do not legislate rule much either. But I would say to this rule. on appropriation bills normally, and my colleagues that with this rule we We all saw the incredible work done without protection from the House have come very close to approximating by those firefighters, those courageous H5566 CONGRESSIONAL RECORD — HOUSE July 15, 1998 firefighters, to stop those terrible fires Mr. GOSS. Mr. Speaker, I am privi- That means that Members of Congress that plagued Florida in recent weeks. leged to yield such time as he may con- are going to get their pay raise. I hap- We must ensure that those who risk sume to the distinguished gentleman pen to be for pay raises, but the point their lives in fighting fires are com- from Glens Falls, New York (Mr. SOLO- is that we cannot allow that to happen pensated fairly for their valiant efforts. MON), the chairman of the Committee here. Mr. Speaker, I am also disappointed on Rules. So we have simply brought this bill that this rule did not protect from a Mr. SOLOMON. Mr. Speaker, when I to the floor without a rule, except that point of order another provision in this hear my good friend, the gentleman we are saying that the ban on the pay bill that would have helped implement from Massachusetts (Mr. MOAKLEY), raise from going into effect shall be Federal employee’s pay reform which who is the ranking member of the Com- protected. Otherwise, the bill stands as was in accordance with legislation mittee on Rules, stand up here and is. signed into law in 1990. Language in make the absolute opposite argument So for Members that want to come this bill, Mr. Speaker, would have fixed that he has made in the past, I do not over here and vote this time, let me the problems that have prevented this know whether to lose my temper or just say once and for all: You come law from being implemented. just to smile. I guess I will just smile. over here and you vote against this Also, Mr. Speaker, one of the main But I am just looking at the vote rule and you are voting for a Member’s reasons that the first rule failed is still that took place several weeks ago on pay raise. There is absolutely no ques- a problem in the second rule. That is, June 25 when we brought a rule to the tion about it. Because that is the only of course, the failure to protect the floor that fits the exact description issue at stake here, other than regular $2.25 billion in emergency designation that the gentleman just outlined that order, regular procedure, of bringing that is desperately needed to address he would vote for. Now, as I look down this rule to the floor. Members ought the massive computer failure known as at the vote that took place, I see my to know that. So I want to make that Y2K. If we do not immediately begin ef- good friend, the gentleman from Mas- perfectly clear. Mr. Speaker, I would be glad to dis- forts to fix this problem, it could crip- sachusetts (Mr. MOAKLEY), did not ple our Nation’s computers on January vote. I do not know why. He did not cuss this at any time with other Mem- 1 in the year of 2000, and, Mr. Speaker, cast his vote. But I see that 135 Demo- bers for the next hour. Mr. MOAKLEY. Mr. Speaker, I yield that is less than 18 months away. If we crats voted ‘‘no’’ on that rule that the continue to ignore this problem, if we myself such time as I may consume. gentleman just described. The rule was Mr. Speaker, I enjoyed my chair- put it off for another day, we may well defeated with 125 yes votes and 291 no run out of enough time to prevent the man’s dissertation, but most of the votes. The House overwhelmingly rules on appropriations that come out major chaos and confusion that is cer- spoke against it. tain to compromise our Nation’s eco- of the Committee on Rules, they pro- Now, what normally happens in a sit- tect most everything. In fact, we just nomic well-being and our national se- uation like that? If you are on the floor curity. Whether it is a crash in the voted a rule today that protected ev- and the rule does not pass, you gen- erything but two issues. This was beat- stock market or a failure of our traffic erally bring these appropriation bills control system or a lapse of our Na- en 3 weeks ago, Mr. Speaker, because of back to the floor. some of these items that are not pro- tion’s defense systems, the con- I remember Mr. Natcher from Ken- sequences are likely to be very, very tected today. We are just doing exactly tucky, one of the most respected Mem- what we did a couple of weeks ago. I grave. bers of this body, a perfect southern We just cannot take this risk, Mr. am sure this is going to meet the same gentleman, and he often sat in that Speaker. We must put aside partisan fate. chair where you are, Mr. Speaker, and squabbling and take the action and About the pay raise being blocked, let me tell you, he knew how to run take that action now. we could correct that in 1 minute, and The Committee on Appropriations this House. He ran it fairly. He also the chairman knows that. We could go wisely included emergency funding for was the chairman of a subcommittee back, on any rule coming out, we could the Y2K in this bill and in the defense on appropriations, and he did not both- put that in there, we could stop it. So bill also, but my Republican colleagues er coming to the Committee on Rules. that is really a red herring on this bill. have decided that this crisis just has to He brought his bill right to the floor. This rule should not be passed. Mr. Speaker, the point I am trying to wait. They have decided to remove the Mr. Speaker, I yield 7 minutes to the make is that once this rule was de- emergency funds from both of these gentleman from Maryland (Mr. HOYER), feated, protecting all of these issues bills. The majority continues to say the ranking member on the Sub- the gentleman has just outlined, and they will do it later, they will do it in committee on Treasury, Postal Service there are a lot of them in there that I another bill. Well, it has been almost 3 and General Government. support. We have a gun issue in there weeks since the House leadership de- Mr. HOYER. Mr. Speaker, I thank that is very important to those of us cided to delete the emergency designa- the distinguished gentleman from Mas- that stand up for property rights and tion for Y2K first from the defense bill sachusetts, the ranking member of the for gun rights of people. We have the and then from this bill. I still do not Committee on Rules, for yielding. Federal firemen’s pay issue. We have Mr. Speaker, I rise in opposition to see any action that any legislation will some FEC language in there. We have the rule. be on the schedule shortly. some currency language. All of these At the outset, let me say that it is b 2000 things I support very strongly. unfortunate that we find ourselves in This problem is not going to go away, But the truth of the matter is, there this position. The chairman of the and we are wasting very, very precious is no way to put together a rule that Treasury Postal Subcommittee, the time. anybody is going to support, because if gentleman from Arizona (Mr. KOLBE), Mr. Speaker, we are playing with fire we protected the Lowey amendment, as I said in the committee markup, has by not dealing with the Y2K matter we are going to have all of the pro- forged a fair bill as it came out of sub- immediately, and I hope, for all of our lifers vote against it. If we do not pro- committee. It was a bill that sought to sakes, that my Republican colleagues tect it, we will have another group vote address the problems that confront the are genuine in their promise to make against it. agencies that are our responsibility. It this a top priority. This should not be So what we have done is said, okay, was a bill as well that sought to fund a a political issue, and we must act now. let us bring this bill to the floor with- critical situation that confronts not Mr. Speaker, I oppose the rule be- out a rule, and then let the chips fall just our agencies but almost every cause it fails to protect this critical where they may, with one exception, agency of government other than de- funding and subjects much of the bill and that one exception is that in this fense, and that critical crisis was, as to being struck on a point of order. I bill is a ban on a pay raise for Members we refer to it, the Y2K problem, ensur- urge Members to join with me in vot- of Congress going into effect. ing that computers would be compat- ing no on this rule. Now, we cannot bring this bill to the ible with the change of century. Mr. Speaker, I reserve the balance of floor under these circumstances and Because if they are not, we will not my time. allow that provision to be knocked out. be able to fly airplanes. Indeed, we will July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5567 not be able to collect revenues. We will the gentleman knows, has not dealt tinue, and I am pleased to yield such not be able to pay Social Security. We with this issue. There is a $7 billion time as he may consume to the distin- will not be able to pay Medicare. The price tag. guished gentleman from New York (Mr. fact of the matter is, government will Mr. HOYER. Mr. Speaker, reclaiming SOLOMON). come to a screeching halt, and com- my time, I am talking about the Mem- Mr. SOLOMON. Mr. Speaker, let me merce will come to a screeching halt. bers. The gentleman brought up the be very, very brief. What the gen- That is not an acceptable alternative. Members’ pay raise. The gentleman tleman has been complaining about As a result, the gentleman from Lou- said this was about a Members’ pay that this rule does not take care of is isiana (Mr. LIVINGSTON), and it is my raise. My representation to the gen- the fact that we did not protect a understanding the Speaker, the gen- tleman is that, in fact, the committee change in the locality pay for Federal tleman from (Mr. GEPHARDT), included the preclusion, the prohibi- workers. That is very important, and I the minority leader, and the Commit- tion on the receipt by Members of a agree with the gentleman. But the tee on Appropriations, all agreed that pay raise. truth is, there is a $7 billion price tag, we would confront this issue forth- There is nothing in this bill about which is not paid for in this bill. Now, rightly and designate it for what it is, employees’ pay raises, as the gen- true, it does not take place until next an emergency, one that cannot be de- tleman knows, so that what I am say- year, but we just cannot allow this layed, one that must be solved on be- ing to the gentleman is whether this kind of legislation to go through with- half of every American, young and old. rule fails or whether this rule passes, out it being paid for. We are going to We did not do that. Members will not get pay raises, the blow the balanced budget deal that we I tell my friend, the chairman of the reason being because, if we have to go have had. Mr. HOYER. Mr. Speaker, will the Committee on Rules, that his rule does back to the drawing board, we will come back with the same provision. gentleman yield? not protect that issue. It does not Mr. SOLOMON. I yield briefly to the allow us to proceed as we should. And The gentleman knows that, and Mem- bers ought to know that. gentleman from Maryland. the ranking member of the Committee Mr. HOYER. Mr. Speaker, I have not on Rules is absolutely correct, on this Mr. Speaker, if I might therefore con- clude, I say to my friend, the chairman mentioned that issue. floor, on the debate, when this rule was Mr. SOLOMON. Well, the gentleman last considered 3 weeks ago on the 25th of the Committee on Rules, his rep- resentation about a Members’ pay raise mentioned it to me on many occasions, of June, it was represented that by the including up in the Committee on time we got back, we will know how to vote is, frankly, political tactics, not substance. It is political tactics to try Rules. solve this problem. We will know where Mr. HOYER. That is correct. But I to scare Members into voting for or to get the $2.3 billion. That was rep- have not mentioned that as the ration- against this rule. ale for this opposition to the rule. resented to us on this floor by the lead- What this is about is the failure of The gentleman mentioned that if the ership on the other side of the aisle. As the Committee on Rules to protect Lowey amendment was left protected, the gentleman from Massachusetts what are democratically adopted in the (Mr. MOAKLEY) has correctly pointed that the gentleman could not get the Committee on Appropriations provi- votes of right-to-lifers on his side of out, that has not happened. sions, some of which I like, some of Substantively, this was a good bill, the aisle. My proposition to the gen- which I did not like. tleman is that what the gentleman is as I said, as it came out of subcommit- Now I will tell my friend, he says if saying is they would not want to bring tee. It was not a perfect bill as it came he protects the Lowey amendment, for to the floor for a democratic vote up or out of the full Committee on Appro- instance, which provides for access to priations from my perspective. There down a resolution of that issue. contraception, which I believe the Mr. SOLOMON. Mr. Speaker, re- were matters in it that I had concerns overwhelming majority of Americans about, but they would not have led me claiming my time, let me just say I do believe is good policy and good family not understand why, when we brought to oppose the rule. But as it came out practice, the overwhelming majority of of the Committee on Rules last time, it the rule to the floor which protected Americans in my opinion believe that, the Lowey amendment, 135 Democrats was not acceptable. he says that people will vote against Now, I say to my friend, the chair- voted against it. We could have passed the rule to prohibit a vote in the peo- that rule and this bill would already be man of the Committee on Rules, this is ple’s House on that issue. It does not not about a pay raise. Like the chair- over at the Senate where it belongs. make sure that it happens. What it Now we are here today under a regular man, I am for a pay raise, because it is says is that the representatives of the effectively simply a cost of living ad- rule process, and Members ought to American public will be able to vote on come over here and vote for the rule. justment, less half a point that every that issue. other Federal employee gets, less a The gentleman has provided for a b 2015 half a point. So we get a half a point procedure, as the Chair well knows, Mr. MOAKLEY. Mr. Speaker, I yield less, because we did not want to take a where one Member can come and strike 3 minutes to the gentleman from Ohio full pay raise. We wanted to respect the out what the Committee on Appropria- (Mr. KUCINICH). American public’s concern on that tions adopted in a democratic process. Mr. KUCINICH. Mr. Speaker, I must issue. Mr. SOLOMON. Mr. Speaker, if the oppose this rule. Under this rule, any I say to my friend, the chairman of gentleman will yield further, the gen- Member can strip funding from this the Committee on Rules, our commit- tleman is moving from one subject to bill by raising a point of order. tee reported out, as he well knows, the the other so fast it is hard to stay con- I am particularly concerned about preclusion of the acceptance of that centrated. the appropriations to repair the year pay raise, and that is the only matter Mr. HOYER. One has so little time, 2000 problem. Numerous computer pro- the gentleman has protected in his one needs to deal with all the subjects grams will either crash or generate er- rule. at one time. rors when computing dates for the year Mr. SOLOMON. Mr. Speaker, will the Mr. SOLOMON. One Member can rise 2000. People should know that date-sen- gentleman yield? and strike, and that is under regular sitive computer programs are every- Mr. HOYER. I yield to the gentleman rules of the House, so we do not want where. In desktop and mainframe com- from New York. to change those rules. puters, in machines used in manufac- Mr. SOLOMON. Mr. Speaker, if the Mr. HOYER. Mr. Speaker, reclaiming turing, in simple devices such as the gentleman would help clarify some- my time, with all due respect, as the computer chips in coffeemakers which thing in my own mind. The gentleman gentleman from Massachusetts said, have timers. knows that he and I have worked to- the gentleman changed it yesterday on Consumers everywhere are going to gether on many issues dealing with the rule. The gentleman protected ev- be watching what we do here. Since Federal employees, and I have the erything except two items that were in computers are so widespread, since greatest respect for them, as does the that bill. software is time-sensitive, since com- gentleman, but the committee of juris- Mr. GOSS. Mr. Speaker, I think it is puter chips are in all kinds of devices, diction, the authorizing committee, as most important that this debate con- failures cause serious repercussions. H5568 CONGRESSIONAL RECORD — HOUSE July 15, 1998 In government, many areas are vul- not been authorized, and for many from Democrats and Republicans, pro- nerable to failure. Many government years we have protected them against life and prochoice Members, but the agencies have made progress on the points of order. Committee on Rules has denied Mem- Y2K problem, and that is thanks to the So it is true that under this rule the bers a chance to have a debate and a gentleman from California (Mr. HORN) funding for the IRS could be knocked vote on this critical issue and on the and also thanks to President Clinton out. We just spent months and months amendment of the gentleman from and Vice President GORE. It has been and months passing the most signifi- Wisconsin (Mr. OBEY) which will give bipartisan, but we have a lot of cant reform of the IRS passed in the religiously-based plans an opt-out from progress that needs to be made. Re- history of this body. And why would we covering the plans of contraceptives if moving the Y2K appropriations from then want to bring this to the floor it conflicts with their religious beliefs. this bill cripples the agencies’ ability under an appropriations bill that is not We have had vote after vote after to cope with this problem. going to actually fund this important vote on legislation that would restrict Now, the President asked for $234 agency? women’s access to abortion, but we are million for year 2000 conversion. We Now, there is no need for this kind of not allowed to have even one vote on will need another $138 million next rule. Honestly, we need to get our- improving women’s access to contra- year. If the IRS does not get funding to selves together, come back with a rule ception, which will prevent abortion. clean up the Y2K problem, we are look- that addresses the critical snarly areas The rule we are considering is a clear ing at failures in customer service, of this bill that have caused the con- infringement on the rights of Members failure to refund taxpayers’ money, troversy. to offer amendments in the House, and problems with the Taxpayer Relief Act I regret that the passage of an it is a slap in the face, frankly, to more of 1997, implications for the IRS re- amendment in the subcommittee that than 1 million American women who structuring bill, delays in the 1999 fil- guaranteed Federal employees full ac- are covered by the Federal Health Ben- ing season, effects on the 2000 filing cess to contraceptives has caused such efits Plan who stand to benefit if Fed- season, effects on the processing of re- a hullabaloo in this body. Frankly, this eral health benefit plans that cover funds. The processing of refunds will be same bill denies Federal employees ac- prescription drugs are required then to delayed. cess to abortion, which is a medical, cover contraceptives as well. The IRS has 127 mission-critical sys- legal procedure in America. But we Why is this language so important? tems. So far, 59 of these systems have have made the decision that Federal We are all in agreement that we want been repaired. The Customs Service is employees should not have access to to reduce the number of abortions. making progress on Y2K repairs. Cur- this legal medical procedure. Close to half of all unintended preg- rently, only 25 percent of the mission- Well, it is perfectly rational then to nancies end in abortions, and although critical systems are in the testing at least guarantee that our own em- all but one of the FEHBP plans cover phase. The Financial Management ployees have access to the full range of sterilization, all but one cover steri- Service in the Treasury Department contraceptives so that they do not get lization, only 10 percent cover the five has not completed the assessment of pregnant unintentionally, that is all. If most basic, widely-used forms of con- all of their systems yet. The Postal we disagree with that, fine. Have a rule traception, and over 80 percent of the Service has many repairs to make. that allows a vote on that. We have of- plans do not cover all five methods. They expect to have 21 percent of their fered, have a rule that protects every- Contraception, my colleagues, is mission-critical systems ready for thing except the Lowey amendment. basic health care for women. It allows funding by this September. Let that be struck on a point of order; couples to plan families and have Sufficient Y2K funding is critical to just let that rule allow us to offer an healthier babies when they choose to ensure that our law enforcement can amendment to reinstate access to con- conceive, and it makes abortion less operate, that government can collect traceptives for Federal employees, and necessary, which is a goal we all share. taxes, write refund, tax refund checks we will argue it here on the floor. Let Currently, women of reproductive and deliver the mail. The Y2K problem it take its course. age spend 68 percent more in out-of- is a management challenge and a pro- There is this controversy about the pocket health costs than men, and part gramming challenge. It must not be- funding of the Y2K resources. Let that of the reason for this gender gap in come a political football. be up or down. Let us talk about it. Let health care costs is the failure of Again, I will say the progress that us debate it. I am for how the bill does health plans to cover contraception. has been made so far I will credit it. I think it is irrational to take the Plans refuse to cover contraceptives Chairman HORN, I will credit the Presi- funding for Y2K compliance for the because they know that this is a neces- dent and Vice President for moving whole government out of one budget sity for women and that if forced to, quickly on this, but we cannot let this and thereby disadvantage all of the women will pay for it themselves. On become a political football. The Amer- other important programs that that average, women using the pill pay $25 a ican people are depending on us to budget provides for all the people of month, that is $300 a year for their pre- make sure they receive government America and for our important Federal scriptions. services on and after January 1, the functions. It is important to understand, my year 2000. Let us not let them down. So let us have a rule that brings the colleagues, what we are talking about Mr. GOSS. Mr. Speaker, I yield 3 primary controversies to the floor. My when we talk about contraceptive minutes to the gentlewoman from Con- colleagues, vote down this rule. This is methods. We are not talking about necticut (Mrs. JOHNSON). an overreaction to an unfortunate lack abortion, we are not talking about RU Mrs. JOHNSON of Connecticut. Mr. of communication that caused the de- 486 or any abortion method. No abor- Speaker, I rise in opposition to this feat of the first rule. I urge a ‘‘no’’ tions will be covered by this amend- rule. It pains me to do so since we de- vote. ment. We are talking about the range feated it a few days ago, but I believe Mr. MOAKLEY. Mr. Speaker, I yield of contraceptive options that women there is a good rule that can protect 5 minutes to the gentlewoman from need, including the five most popular the excellent work of this subcommit- New York (Mrs. LOWEY). methods, the oral contraceptive pill, tee, and I do believe that the sub- Mrs. LOWEY. Mr. Speaker, I rise in the diaphragm, the IUDs, Depo-Provera committee reported a fair and sound strong opposition to this rule. As my and Norplant. and thoughtful piece of legislation that colleagues know, this rule leaves un- It is crucial that plans cover the full would have served the appropriations protected the Lowey contraceptive range of choices because some methods process very well and would have done coverage language in the bill, language do not work for some women. For ex- honor to this body. which provides that Federal employees ample, many women cannot use any of This is a rule that exposes all parts must have their contraceptives pre- the hormone-based methods such as of this bill with a small exception of scriptions covered if, in fact, other pre- the oral contraceptive pill because it one section to points of order. It is also scription drugs are covered. causes migraines or because they have a unique appropriations bill in the This language passed in the full Com- been advised not to because it may in- sense that most of the sections have mittee on Appropriations with support crease their risk of stroke or any other July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5569 reason that is peculiar to them and the Congress has repeatedly voted to ex- religious belief context. We need to advice from their physician. clude abortion coverage from FEHB support that in this House. Now, some of my colleagues may plans. Contraceptives help couples plan I believe that the Federal Govern- think that we should not be telling wanted pregnancies and reduce the ment must set an example for the rest FEHBP plans what they have to cover, need for abortion. Close to half of all of this country by providing our em- that this is an insurance mandate. Let pregnancies are unintended. Currently, ployees with full access for health care us be clear. This is not a mandate on women of reproductive age spend 68 for women. This includes opportunities private plans. What we are discussing percent more in out-of-pocket health for the whole range of contraception here is what the United States as an costs than men. Treating prescription methods. We in Congress must dem- employer should provide to its em- contraceptives the same as all other onstrate that we consider family plan- ployee. The United States Government covered drugs would help to achieve ning a key health issue. should be a model for other employers. parity between the benefits offered to I urge my colleagues to vote against There was strong support for this male participants in FEHB plans and this rule, and provide our Federal em- provision in the Committee on Appro- those offered to female participants. ployees with fundamental health care priations. It has the support of the sub- I also want to point out that the rule coverage, including contraception, ac- committee chairman, the gentleman does not protect an important provi- cording to the Lowey provision. from Arizona (Mr. KOLBE); it has the sion affecting Federal employee pay. Mr. MOAKLEY. Mr. Speaker, I yield support of several prolife Democrats on The bill would close a loophole in the 2 minutes to the gentlewoman from the the Committee on Appropriations, and, Federal Employees Compensation Act District of Columbia (Ms. NORTON). in fact, a myriad of health groups sup- of 1990 that has allowed the President Ms. NORTON. Mr. Speaker, I thank port the provision, including the Amer- to deny Federal employees their just the gentleman for yielding me the ican Medical Association, the Amer- raises because of a severe economic time. ican Academy of Family Physicians, condition, despite our booming econ- Mr. Speaker, I hate to see a good bill the American Academy of Pediatrics. omy. sacrificed on the alter of contracep- It is also supported by the AFL-CIO, The FEPCA was enacted to ensure tion. That is what this rule does. We the AFGE. fair pay raises for Federal employees, are seeing many important provisions Let me say in closing that a recent but according to CRS, it has never been of this bill go up in smoke because of Congressional Budget Office analysis implemented as originally enacted. one provision. determined that this improved cov- The bill closes this loophole by defin- The notion that plans could pick and erage for Federal employees would not ing a severe economic condition as two choose what contraceptive a woman or have any impact on the budget totals consecutive quarters of negative man should use is or should be anath- for fiscal year 1999, no budgetary im- growth in the real Gross Domestic ema to this House. I warn this House, pact for fiscal year 1999. Product, which was the generally ac- the Lowey amendment is one of seven This issue is absolutely essential. I cepted definition of a recession. priorities of the Bipartisan Women’s would hope that the Congress could The rule also leaves vulnerable an Caucus. We have chosen seven bills on come together to support contraceptive important provision to bolster fire- which, Democrats and Republicans coverage and defeat this rule. fighter pay, something for which I have alike, as women we regard as must- The SPEAKER pro tempore (Mr. been working for many years. Within pass provisions for this Congress. The LAHOOD). The Chair would advise all the Federal work force firefighters are Lowey amendment is one of those. We Members that the gentleman from paid less than other Federal employees. had an entire hearing on contraceptive Florida has 15 minutes remaining, and A GS–5, Step 5, Federal Government research because of the neglect of con- the gentleman from Massachusetts has worker makes 44 percent more per hour traception and what that has done to 7 minutes remaining. women over the past decade. Mr. GOSS. Mr. Speaker, I yield 3 than a GS–5, Step 5, Federal Govern- We have gotten to the point where if minutes to the gentlewoman from ment firefighter. The pay gap between Federal and you are in service to your country as a Maryland (Mrs. MORELLA). Mrs. MORELLA. Mr. Speaker, I non-Federal firefighters is largely due member of the Armed Forces or as a thank the gentleman for yielding me to an unfair and convoluted method of Federal employee, you can guarantee this time. calculating Federal firefighter pay. to have your privacy invaded. We are Mr. Speaker, I very reluctantly rise They are dedicated civil servants, we talking about grown women, and plans, in opposition to this rule. I rise in op- have certainly seen that with the dis- health plans choosing what contracep- position because it endangers many asters that have occurred in Florida tives they should use. provisions that are important to Fed- and other parts of the country, con- The last thing a woman or a man eral employees and their families, stantly risking their lives so our com- should be subject to is somebody else many of whom I have the honor of rep- munities can sleep at night with con- choosing or advising them which con- resenting. fidence that our safety and the safety traception is best for them. Some do of our loved ones is protected. not work, some are absolutely harmful, b 2030 I encourage my colleagues to join me some have side effects. We have to have But before I give the reasons why, I in opposing this rule. a choice here, because one size abso- do want to say that it is not because of Mr. MOAKLEY. Mr. Speaker, I yield lutely does not fit all, and indeed, one the fact that the money for the Y2K 1 minute to the gentlewoman from size clearly endangers the health of problem is not put into this bill, be- California (Mrs. CAPPS). many. cause it is going to be put into a sepa- Mrs. CAPPS. Mr. Speaker, I thank I am looking for anti-choice allies on rate appropriations bill, so we do not the gentleman for yielding me the this one. If we cannot come together on have division, one agency versus an- time. this one, I am not sure where we will other agency. So that is certainly not Mr. Speaker, I rise in strong opposi- come together. Members cannot go the reason I oppose the rule. tion to this rule. This rule strips the home and say they are against abor- This rule actually does not protect Lowey Federal employee family plan- tion, and also go home and say they an important provision regarding in- ning provision from the bill so we can- are against preventing abortion. Defeat surance coverage of contraceptives for not even debate this deeply important this rule. women. It requires Federal Employees issue. Mr. MOAKLEY. Mr. Speaker, I yield Health Benefit plans to cover prescrip- As a nurse, I believe that contracep- 11⁄2 minutes to the gentleman from tion contraception, just as they cover tion is, first and foremost, a health Michigan (Mr. BONIOR), the minority other prescriptions. The vast majority issue. The fact that close to half of all whip. of FEHB plans offer prescription drug pregnancies in the United States are Mr. BONIOR. Mr. Speaker, I thank coverage, but they fail to cover the full unintended is astounding. The decision the gentleman for yielding me the range of prescription contraceptives to have children should be made by in- time. Mr. Speaker, this rule allows the which prevent unintended pregnancies dividuals in a family setting and in bipartisan Lowey amendment on con- and reduce the need for abortion. consultation with doctors and within a traceptives and the funding to fix the H5570 CONGRESSIONAL RECORD — HOUSE July 15, 1998 year 2000 computer problem to be So to remind Members, if they vote could have a debate. That went down struck by a point of order. What does no on the previous question, they will by a big number. That went down 291 to that mean? That means without even a then be able to vote yes on a rule 125 three legislative days ago, so I re- recorded vote. The Lowey amendment which will preclude a pay raise, which mind Members of that. was adopted in committee. She did it will take it out of a political dema- Now we are coming back with a dif- fairly, she did it squarely, and now the goguery situation; that will allow a ferent one and saying okay, let the Republican leadership is ready to democratic vote in the people’s House body work its will in a different way. knock her out of the bill without a on whether or not we ought to allow We will have what is basically an open vote. for access to contraception so we can rule. Now, open rules used to be some- We have heard just a second ago how preclude more abortions; and thirdly, if thing we spoke of around here with a important this is on expanding insur- Members vote no on the previous ques- certain degree of reverence, that that ance coverage on contraception. We tion, they will be able to protect the is something we all strive to achieve is also heard, Mr. Speaker, about how im- provision which provides for funding of the open rule. I know the number of portant this is to prevent abortions. the solution to the Y2K problem, and times that the gentleman from Massa- This process is a sham. It is unfair. We ensure the effective operations of our chusetts (Mr. MOAKLEY), when he was will oppose this rule. computers and our governmental pro- Chairman MOAKLEY of the Committee Because some on this side of the aisle grams, as well as commerce in this on Rules, we brought him to task be- want to play games with us now and country in the next century. cause he did not have enough open politicize the issue of Members’ pay, I urge Members to vote no on the pre- rules. they want to cover up and hide their vious question to accomplish these I know his colleagues on the other extreme proposals with respect to con- three objectives. side regularly tried to do that to Chair- traceptive insurance coverage, so we Mr. GOSS. Mr. Speaker, I yield my- man Solomon and the rest of us in the are not going to let that happen. self such time as I may consume. majority. We understand that. But we We are going to move to defeat the Mr. Speaker, we have heard a lot of do strive for open rules and we do it in previous question on this rule, and if inconsistent comment this evening rel- a good-natured way. successful, we will do three things, ative to just three legislative days ago, The only thing that is different is three things. Number one, we will as our friends across the aisle said, ac- that we did protect the issue of the pay make in order the Lowey and the Obey tually it was a little more than that, raise, so if Members are trying to shoot amendments on contraception, we will because it was on the calendar a couple this rule down, they are basically say- preserve funding for the year 2000 com- of weeks ago when we tried to come up ing, let us get the pay raise back on puter problems, and we will stop any with a rule to protect the Lowey the floor. amendment, do the things they asked, increase in pay for Members of Con- b 2045 gress. and lo and behold, 135 Democrats took I urge my colleagues to vote no on a hike on us and did not support the At least some will characterize it the previous question and to vote no on bill. that way. I think there is much more the rule. We listened to them before, we tried at stake than the pay raise issue obvi- Mr. MOAKLEY. Mr. Speaker, I yield to work it out in a deliberative and I ously. We had the contraception ques- 21⁄2 minutes to the great gentleman think nonpartisan way, and we did not tion. We have had the question of Y2K. from Maryland (Mr. HOYER). get their support. So now we are trying On the contraception question, again, Mr. HOYER. Mr. Speaker, I thank to do our job faithfully, and we have we had our chance, 135 Members on the the gentleman for yielding me the come back for what is one of the im- other side voted against the Lowey time. portant appropriations bills, and we provision apparently because it was Mr. Speaker, I want to explain what have tried to craft a way to let the de- protected in that rule. procedure we are going to pursue. I be- liberative body work its will. We had the Y2K. It surprises me a lit- lieve it is very important to have every There has been some tle bit that we are talking about Y2K Member understand what we are going mischaracterization, if not misrepre- as an emergency. It is not an emer- to ask for. We are going to ask that the sentation, of the fact that the sky is gency to those of us who understand previous question be defeated. That going to fall automatically if we pass the consequences of Y2K. We have been will then allow us to offer an alter- this rule. That is not the case. If some- for some time trying to encourage the native rule. body, some Member, wishes to get up Clinton administration to get a grip on I want to represent to every Member and strike on a point of order, that is the fact that the calendar is real, that in this Chamber and listening in their a privilege. That happens to be a House the year 2000 is coming and that we do offices what that rule will be comprised rule. If somebody says that is unfair, have a problem. Most people in the of. First of all, we will continue the what they are really saying is the world know that the year 2000 is on the provision reported out of subcommit- House rules are unfair. calendar, and they have a fairly ap- tee, reported out of full committee, If Members are saying that the rules proximate idea of when it is coming. that will preclude Members’ pay from that have served this House so well for Even if one does not know much about going into effect. so long are unfair, then come on up to the computer problem, one can at least Secondly, we will provide for the con- the Committee on Rules and let us talk understand the calendar. sideration of the Lowey amendment, about changing them, and why Mem- We have not done well with the Clin- which was democratically adopted in bers think they are unfair. But that is ton administration. Some agencies are the committee and reported to this not something that is done lightly. ahead of others. Again, I will join with floor, but is unprotected. Not only So I think there has been a series of my colleague who congratulated the would it be not subjected to a vote, yea mischaracterizations going on, as I gentleman from California (Mr. HORN) or nay, but one Member under the rules have listened to the concern about the for the work he has done trying to that were proposed will be able to ex- people who have failed to get the au- bring attention to that and trying to clude that or any other item. thorizations of measures that they stimulate some interest in the admin- Thirdly, we will protect in our rule want enacted. We all know that we are istration to get that job done. the Y2K funding, which everybody in not supposed to do a lot of authoriza- The debate about whether or not is it this House and in this Nation knows is tion on appropriations bills. an emergency payment or not an emer- an emergency, and which the Commit- The failure of the authorizations gency payment, therefore, if it is an tee on Appropriations, with the leader- process to get the work done now has emergency, we all know we do not have ship of the gentleman from Louisiana been picked up by the appropriators, to figure out a way to pay for it. If it (Mr. LIVINGSTON), designated an emer- trying to pick up what pieces they is not an emergency, then we have to gency, to his credit, and frankly, to the could to do a good faith job, and the figure out a way to pay for it. It is a credit of the Republican leadership Committee on Rules tried to do a good little extra harder because we have to that initially agreed with that proce- faith job to bring a rule forward that actually designate the money from dure. would get enough votes to pass so we some revenue source. So I would say July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5571 that that is a secondary debate to the closing debate and preventing amendment. Ms. JACKSON-LEE of Texas. Mr. Speaker, debate that Y2K is very serious. We all The effect of adopting the previous question thank you for the opportunity to speak today. agree on that. We are not going to put is to bring the resolution to an immediate, I strongly oppose the Rule Committee's deci- off the solution because we cannot de- final vote. The motion is most often made at the conclusion of debate on a rule or any mo- sion not to protect Representative LOWEY's cide whether to pay for it from here tion or piece of legislation considered in the amendment in the FY 1999 Treasury Postal and designate what the source of pay- House prior to final passage. A Member Service General Government Appropriations ment is going to be. I think that is a might think about ordering the previous bill, H.R. 4101. Representative LOWEY's bit of a red herring before us. question in terms of answering the question: amendment required Federal employee health I think what is, frankly, out here is Is the House ready to vote on the bill or benefits to cover contraceptive drugs and re- this, that the authorizers did not get amendment before it? lated services to individuals and their families. In order to amend a rule (other than by that their job done. The appropriators Currently the Federal Employee Health Ben- tried to pick it up. The Committee on using those procedures previously men- tioned), the House must vote against order- efit Plan uniformly offers prescription drug cov- Rules has tried to work with every- ing the previous question. If the previous erage, but the majority of such health plans body. Apparently it has not happened. question is defeated, the House is in effect, discriminate against women by failing to in- The next step is, we can go the other turning control of the Floor over to the Mi- clude coverage for the full range of prescrip- route and say, fine. We can bring a rule nority party. tion contraceptives. out here with no protection at all on it If the previous question is defeated, the and let it go to the floor. Speaker then recognizes the Member who led In fact, 10 percent of Federal employee I would urge all those listening to the opposition to the previous question (usu- health plans fail to include reversible contra- understand that this is a good faith ef- ally a Member of the Minority party) to con- ceptive. In some cases, plans only cover one fort to try and bring forth some kind of trol an additional hour of debate during method of prescription contraception. Overall, which a germane amendment may be offered a workable rule to get this legislative 81 percent of Federal Employee Health Bene- to the rule. The Member controlling the fit plans do not cover all five leading reversible appropriations bill on the floor. It is a Floor then moves the previous question on legislative appropriations bill, because the amendment and the rule. If the previous methods of contraception, which of course, it is about 80 percent legislation. We question is ordered, the next vote occurs on prevent unintended pregnancy and reduce the know that. It is way overburdened. the amendment followed by a vote on the need for abortion. That is wrong, but that is what we are rule as amended. The Federal program should be a model for presented with. We are presented with Mrs. MALONEY of New York. Mr. Speaker, private plans, and as an employer, it is shock- a schedule. We are presented with a I rise in opposition to this rule. Earlier today, ing that the Federal Government does not pro- calendar of our own. We are presented we debated abortion againÐfor the 87th time vide this basic health benefit for women and with a budget we have to deal with. since 1995Ðand this House passed a bill to their families insured through FEHB. So if the question is, shall we go for- criminalize abortion in yet another way. Women of reproductive age spend 68 per- ward and deal with the business of get- Now, we learn that this rule does not protect cent more of their own money for health care ting these agencies funded, the answer language already included in this Treasury Ap- than men, with contraception and related is yes. Vote for the rule. Yes, vote for propriations bill to provide for contraceptive health services accounting for much of the dif- the previous question. coverage equity for federal employees. ference. Voting no on the previous question, Later today, we will vote once again on the Making the full range of contraceptive op- throwing this thing into a controversy issue of whether a federal employee's health tions available to our Federal employees is not which is sure to destine it to another plan can choose to cover abortion. I find this only an issue of fairness, but is an issue of defeat, another round of this, is not very contradictory. women's health and reproductive choice. going to get this appropriations bill If you want to prevent abortion, why not do passed. Some of those Members who everything we can to make contraceptives We must remember that increased access live in the area and represent workers more available and affordable. to contraceptives is critical to the effort of re- in the area have a great concern, natu- The language left unprotected by this rule ducing the number of unintended pregnancies. rally, doing good jobs of representing simply requires Federal Employee Health Ben- Close to half of all pregnancies in the United their districts, and the people in their efit plans that currently cover prescription States are unintended. Increasing access to districts are going to be very, very con- drugs, to also cover FDA-approved prescrip- contraceptives through insurance coverage will cerned, if this thing goes down a couple tion contraceptives and related services to in- help Federal employees obtain the methods of more times because we cannot get it dividuals and their families. and services they need to plan their families. together. Mr. Speaker, women of reproductive age Polls show that 90 percent of the American I can guarantee Members that the spend approximately 68% more than men in voting public supports family planning. I hope provision that has been suggested with out-of-pocket health care costs. that my colleagues will take this opportunity to regard to the motion on the previous Much of this disparity can be attributed to support family planning. Let's make sure every question on Members pay and the the lack of coverage of reproductive health child is a wanted and cared for child. I urge Lowey amendment and Y2K will appeal care costs. my colleagues to oppose this rule. to some Members but it will not appeal By improving insurance coverage of contra- Mr. GOSS. Mr. Speaker, I yield back to enough because we did that. We al- ceptive care, we can reduce or eliminate this the balance of my time, and I move the ready did that a couple of days ago, unfair financial cost to women. previous question on the resolution. three legislative days ago. We did some More than half of all pregnancies in the other things as well. But you will not United States are unintended, and half of The SPEAKER pro tempore (Mr. be allowed to bring a rule forth that these pregnancies end in abortion. LAHOOD). The question is on ordering will get necessary majority support Currently, 10% of FEHB plans offer no cov- the previous question. with just those provisions. It is not erage of reversible contraceptives and, in The question was taken; and the going to happen. some cases, plans cover only one method of Speaker pro tempore announced that The final point I would make on this prescription contraception. the ayes appeared to have it. is, there is not going to be a better This lack of insurance coverage leads many Mr. MOAKLEY. Mr. Speaker, I object offer right now than voting yes on the women to choose less expensive and less reli- to the vote on the ground that a previous question and voting yes on able methods of contraception. quorum is not present and make the the rule to get this piece of legislation So why not allow a vote on this provision? point of order that a quorum is not on the floor. If we do not pass it, it It won a bipartisan victory in committee, and present. goes home. now this rule will make it easy to strip this lan- The SPEAKER pro tempore. Evi- Mr. Speaker, I include for the guage. dently a quorum is not present. RECORD the following: That is unfair and undemocratic. We have a HOUSE RULES COMMITTEE real opportunity today to decrease the number The Sergeant at Arms will notify ab- sent Members. THE PREVIOUS QUESTION VOTE: WHAT IT MEANS of unintended pregnancies and the number of The previous question is a motion made in abortions. And, the Republican majority says The vote was taken by electronic de- order under House Rule XVII and is the only no. It is shameful. I urge a ``no'' vote on this vice, and there were—yeas 231, nays parliamentary device in the House used for rule. 185, not voting 18, as follows: H5572 CONGRESSIONAL RECORD — HOUSE July 15, 1998 [Roll No. 283] Evans Lipinski Reyes Chenoweth Hutchinson Quinn Farr Lofgren Rivers Christensen Hyde Radanovich YEAS—231 Fattah Lowey Rodriguez Coble Inglis Rahall Aderholt Gibbons Packard Fazio Luther Roemer Coburn Istook Redmond Archer Gilchrest Pappas Filner Maloney (CT) Rothman Collins Jenkins Regula Armey Gillmor Parker Ford Maloney (NY) Rush Combest John Riggs Bachus Gilman Paul Frank (MA) Manton Sabo Cook Johnson, Sam Riley Baker Goode Paxon Frost Markey Sanchez Cooksey Jones Rogan Ballenger Goodlatte Pease Furse Martinez Sanders Costello Kasich Rogers Barcia Goodling Peterson (MN) Gejdenson Mascara Sandlin Cox Kildee Rohrabacher Barr Goss Peterson (PA) Gephardt Matsui Sawyer Crane Kim Ros-Lehtinen Barrett (NE) Graham Petri Gordon McCarthy (MO) Scott Crapo King (NY) Royce Bartlett Granger Pickering Green McCarthy (NY) Serrano Cubin Kingston Ryun Barton Greenwood Pitts Gutierrez McDermott Sherman Cunningham Knollenberg Salmon Bass Gutknecht Pombo Hall (OH) McGovern Sisisky Danner LaHood Sanford Bateman Hall (TX) Porter Hamilton McHale Skaggs Davis (VA) Largent Saxton Bereuter Hansen Portman Harman McKinney Smith, Adam Deal Latham Scarborough Bilbray Hastert Pryce (OH) Hastings (FL) Meehan Snyder DeLay LaTourette Schaefer, Dan Bilirakis Hastings (WA) Quinn Hefner Meek (FL) Spratt Diaz-Balart Lazio Schaffer, Bob Bliley Hayworth Radanovich Hilliard Menendez Stabenow Dickey Lewis (CA) Sensenbrenner Blunt Hefley Ramstad Hinchey Millender- Stark Doolittle Lewis (KY) Sessions Boehlert Herger Redmond Hinojosa McDonald Stokes Dreier Linder Shadegg Boehner Hilleary Regula Holden Miller (CA) Strickland Duncan Lipinski Shaw Bonilla Hobson Riggs Hooley Minge Stupak Dunn Livingston Shimkus Bono Hoekstra Riley Hoyer Mink Tanner Ehlers LoBiondo Skeen Brady (TX) Horn Rogan Jackson (IL) Moakley Tauscher Ehrlich Lucas Skelton Bryant Hostettler Rogers Jackson-Lee Mollohan Taylor (MS) Emerson Maloney (CT) Smith (MI) Bunning Houghton Rohrabacher (TX) Murtha Thompson English Manzullo Smith (NJ) Burr Hulshof Ros-Lehtinen Jefferson Nadler Thurman Ensign McCollum Smith (TX) Burton Hunter Roukema John Neal Tierney Everett McCrery Smith, Linda Buyer Hutchinson Royce Johnson (WI) Oberstar Torres Ewing McHugh Snowbarger Callahan Hyde Ryun Johnson, E.B. Obey Towns Fawell McInnis Solomon Calvert Inglis Salmon Kanjorski Olver Turner Foley McIntosh Souder Camp Istook Sanford Kaptur Ortiz Velazquez Forbes McIntyre Spence Campbell Jenkins Saxton Kennedy (MA) Owens Vento Fossella McKeon Stearns Canady Johnson (CT) Scarborough Kennedy (RI) Pallone Visclosky Fowler Metcalf Stenholm Cannon Johnson, Sam Schaefer, Dan Kilpatrick Pascrell Waters Gallegly Mica Stump Castle Jones Schaffer, Bob Kleczka Pastor Watt (NC) Gekas Miller (FL) Stupak Chabot Kasich Sensenbrenner Klink Payne Waxman Gibbons Mollohan Sununu Chambliss Kelly Sessions Kucinich Pelosi Wexler Gillmor Moran (KS) Talent Chenoweth Kildee Shadegg LaFalce Pickett Weygand Goode Myrick Tauzin Christensen Kim Shaw Lampson Pomeroy Wise Goodlatte Nethercutt Taylor (MS) Coble King (NY) Shays Lantos Poshard Woolsey Goodling Neumann Taylor (NC) Coburn Kingston Shimkus Lee Price (NC) Wynn Goss Ney Thomas Collins Klug Skeen Levin Rahall Graham Northup Thornberry Combest Knollenberg Skelton Lewis (GA) Rangel Granger Norwood Thune Gutknecht Nussle Tiahrt Cook Kolbe Smith (MI) NOT VOTING—18 Cooksey LaHood Smith (NJ) Hall (TX) Oxley Traficant Cox Largent Smith (TX) Allen Kind (WI) Schumer Hansen Packard Walsh Crane Latham Smith, Linda Clement McDade Shuster Hastert Pappas Wamp Crapo LaTourette Snowbarger Dingell McNulty Slaughter Hastings (WA) Parker Watkins Cubin Lazio Solomon Gonzalez Meeks (NY) Smith (OR) Hayworth Paul Watts (OK) Cunningham Leach Souder Hill Moran (VA) Sununu Hefley Paxon Weldon (FL) Davis (VA) Lewis (CA) Spence Kennelly Roybal-Allard Yates Herger Pease Weldon (PA) Deal Lewis (KY) Stearns Hilleary Peterson (MN) Weller DeLay Linder Stenholm b 2106 Hobson Peterson (PA) White Diaz-Balart Livingston Stump Hoekstra Petri Wicker Dickey LoBiondo Talent Mr. MOLLOHAN and Mr. KLINK Holden Pickering Wilson Doolittle Lucas Tauzin changed their vote from ‘‘yea’’ to Hostettler Pitts Wolf Houghton Pombo Young (AK) Dreier Manzullo Taylor (NC) ‘‘nay.’’ Duncan McCollum Thomas Hulshof Portman Young (FL) Dunn McCrery Thornberry Mr. Foley changed his vote from Hunter Pryce (OH) Ehlers McHugh Thune ‘‘nay’’ to ‘‘yea.’’ NOES—201 Ehrlich McInnis Tiahrt So the previous question was ordered. Emerson McIntosh Traficant Ackerman Coyne Gilman English McIntyre Upton The result of the vote was announced Allen Cramer Gordon Ensign McKeon Walsh as above recorded. Andrews Cummings Green Everett Metcalf Wamp The SPEAKER pro tempore (Mr. Bachus Davis (FL) Greenwood Baesler Davis (IL) Gutierrez Ewing Mica Watkins LAHOOD). The question is on the resolu- Fawell Miller (FL) Watts (OK) Baldacci DeFazio Hall (OH) Foley Moran (KS) Weldon (FL) tion. Barrett (WI) DeGette Hamilton Forbes Morella Weldon (PA) The question was taken; and the Bass Delahunt Harman Fossella Myrick Weller Speaker pro tempore announced that Becerra DeLauro Hastings (FL) Fowler Nethercutt White Bentsen Deutsch Hefner Fox Neumann Whitfield the ayes appeared to have it. Berman Dicks Hilliard Franks (NJ) Ney Wicker RECORDED VOTE Berry Dixon Hinchey Frelinghuysen Northup Wilson Mr. HOYER. Mr. Speaker, I demand a Bilbray Doggett Hinojosa Gallegly Norwood Wolf Bishop Dooley Hooley Ganske Nussle Young (AK) recorded vote. Blagojevich Doyle Horn Gekas Oxley Young (FL) A recorded vote was ordered. Blumenauer Edwards Hoyer The vote was taken by electronic de- Boehlert Engel Jackson (IL) NAYS—185 Bonior Eshoo Jackson-Lee vice, and there were—ayes 218, noes 201, Borski Etheridge (TX) Abercrombie Boyd Danner answered ‘‘present’’ 1, not voting 14, as Boswell Evans Jefferson Ackerman Brady (PA) Davis (FL) Boucher Farr Johnson (CT) Andrews Brown (CA) Davis (IL) follows: Boyd Fattah Johnson (WI) Baesler Brown (FL) DeFazio [Roll No. 284] Brady (PA) Fazio Johnson, E.B. Baldacci Brown (OH) DeGette Brown (CA) Filner Kanjorski Barrett (WI) Capps Delahunt AYES—218 Brown (FL) Ford Kaptur Becerra Cardin DeLauro Abercrombie Bateman Burr Brown (OH) Fox Kelly Bentsen Carson Deutsch Aderholt Bereuter Burton Capps Frank (MA) Kennedy (MA) Berman Clay Dicks Archer Bilirakis Buyer Cardin Franks (NJ) Kennedy (RI) Berry Clayton Dixon Armey Bliley Callahan Carson Frelinghuysen Kilpatrick Bishop Clyburn Doggett Baker Blunt Calvert Castle Frost Kind (WI) Blagojevich Condit Dooley Ballenger Boehner Camp Clay Furse Kleczka Blumenauer Conyers Doyle Barcia Bonilla Campbell Clayton Ganske Klink Bonior Costello Edwards Barr Bono Canady Clyburn Gejdenson Klug Borski Coyne Engel Barrett (NE) Brady (TX) Cannon Condit Gephardt Kucinich Boswell Cramer Eshoo Bartlett Bryant Chabot Conyers Gilchrest LaFalce Boucher Cummings Etheridge Barton Bunning Chambliss July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5573 Lampson Murtha Serrano points of order under clause 2 or 6 of the Committee of the Whole House on Lantos Nadler Shays Leach Neal Sherman rule XXI against the Y2K provisions of the State of the Union for the consider- Lee Oberstar Sisisky H.R. 4104, to wit: the provisions on page ation of the bill, H.R. 4104. Levin Obey Skaggs 37, line 12, through page 38, line 14. b 2131 Lewis (GA) Olver Smith, Adam The SPEAKER pro tempore. Is there Lofgren Ortiz Snyder IN THE COMMITTEE OF THE WHOLE Lowey Owens Spratt objection to the request of the gen- Luther Pallone Stabenow tleman from Wisconsin? Accordingly, the House resolved Maloney (NY) Pascrell Stark Mr. KOLBE. Mr. Speaker, reserving itself into the Committee of the Whole Manton Pastor Stokes House on the State of the Union for the Markey Payne Strickland the right to object, and I would object, Martinez Pelosi Tanner Mr. Speaker, I would have to object on consideration of the bill (H.R. 4104) Mascara Pickett Tauscher the grounds that this unanimous con- making appropriations for the Treas- Matsui Pomeroy Thompson sent agreement is contrary to the rule ury Department, the United States McCarthy (MO) Porter Thurman Postal Service, the Executive Office of McCarthy (NY) Poshard Tierney which was just adopted by the House of McDermott Price (NC) Torres Representatives, and for that reason I the President, and certain Independent McGovern Ramstad Towns do object. Agencies, for the fiscal year ending McHale Rangel Turner September 30, 1999, and for other pur- McKinney Reyes Upton The SPEAKER pro tempore. Objec- REIER Meehan Rivers Velazquez tion is heard. poses, with Mr. D in the chair. Meek (FL) Rodriguez Vento f The Clerk read the title of the bill. Meeks (NY) Roemer Visclosky The CHAIRMAN. Pursuant to the Menendez Rothman Waters CHEAP POLITICS AT THEIR VERY rule, the bill is considered as having Millender- Roukema Watt (NC) McDonald Rush Waxman WORST been read the first time. Miller (CA) Sabo Wexler (Mr. HEFNER asked and was given Under the rule, the gentleman from Minge Sanchez Weygand permission to address the House for 1 Arizona (Mr. KOLBE) and the gentleman Mink Sanders Wise from Maryland (Mr. HOYER) each will Moakley Sandlin Woolsey minute.) Moran (VA) Sawyer Wynn Mr. HEFNER. Mr. Speaker, I have control 30 minutes. Morella Scott been in politics for a long, long while PARLIAMENTARY INQUIRY ANSWERED ‘‘PRESENT’’—1 and I have been in tough campaigns Mr. HOYER. Parliamentary inquiry, Kolbe when the rhetoric was very, very high Mr. Chairman? but there is something that came to The CHAIRMAN. The gentleman will NOT VOTING—14 my attention tonight that was issued state his parliamentary inquiry. Clement McDade Slaughter Mr. HOYER. Mr. Chairman, I do not Dingell McNulty Smith (OR) by the Republican National Commit- Gonzalez Roybal-Allard Whitfield tee, and the last paragraph says if know that anybody has made an an- Hill Schumer Yates Democrats want to block this motion nouncement, but am I correct that the Kennelly Shuster so they can get a raise, so be it, said only thing we will be doing for the bal- b 2123 the gentleman from Georgia (Mr. LIN- ance of the evening will be general de- bate? There will be no votes? Mrs. NORTHUP changed her vote DER), but by tomorrow I guarantee every newspaper in their district will Mr. KOLBE. Mr. Chairman, will the from ‘‘no’’ to ‘‘aye.’’ gentleman yield? I would be happy to So the resolution was agreed to. know about it. I would not even bring this up but a respond to that. The result of the vote was announced Mr. HOYER. I yield to the gentleman as above recorded. few months ago my sister-in-law died after a 3-year battle with cancer, and I from Arizona. A motion to reconsider was laid on Mr. KOLBE. Mr. Chairman, yes, it is the table. had an excused absence from this House, and there was a vote that was our intention to proceed through the f taking place and a press release sent to hour of general debate, which will in- REPORT ON RESOLUTION PROVID- my district accusing me of making a clude a number of colloquies that we ING FOR CONSIDERATION OF bad vote, it was bad for my constitu- have, but not yet to open the bill at H.R. 4194, DEPARTMENTS OF VET- ents. any point, not to begin the reading of ERANS AFFAIRS AND HOUSING It only takes 10 seconds to check this the bill. AND URBAN DEVELOPMENT, AND computer to see if people are here. You The CHAIRMAN. The Chair will anx- INDEPENDENT AGENCIES APPRO- have no guarantee that there will not iously look forward to a motion to rise PRIATIONS ACT, 1999 be a press release in your newspaper and will certainly recognize a Member whether you are even here or voting or who might choose to make that pro- Mr. GOSS, from the Committee on not. This is cheap politics at its very, posal. Rules, submitted a privilege report very worst, and I abhor it to the nth Mr. HOYER. So, Mr. Chairman, the (Rept. No. 105–628) on the resolution (H. degree. Members should know that they have Res. 501) providing for consideration of no need to be here if they wanted to ob- f the bill (H.R. 4194) making appropria- ject or make any other suggestions in tions for the Departments of Veterans b 1930 the body of the bill itself? Affairs and Housing and Urban Devel- Mr. KOLBE. Mr. Chairman, if the GENERAL LEAVE opment, and for sundry independent gentleman would continue to yield, agencies, boards, commissions, cor- Mr. KOLBE. Mr. Speaker, I ask unan- any provisions dealing with the bill porations, and offices for the fiscal imous consent that all Members may itself, amendments or motions to year ending September 30, 1999, and for have 5 legislative days in which to re- strike, would not be in order tonight other purposes, which was referred to vise and extend their remarks on H.R. because we will not begin the reading the House Calendar and ordered to be 4104 and that I may include tabular and of the bill this evening. printed. extraneous material. Mr. HOYER. Mr. Chairman, I thank f The SPEAKER pro tempore (Mr. the gentleman from Arizona for his LAHOOD). Is there objection to the re- clarification. REQUEST TO WAIVE CERTAIN quest of the gentleman from Arizona? The CHAIRMAN. The Chair recog- POINTS OF ORDER AGAINST There was no objection. nizes the gentleman from Arizona (Mr. PROVISIONS OF H.R. 4104, DE- f KOLBE). PARTMENTS OF VETERANS AF- Mr. KOLBE. Mr. Chairman, I yield FAIRS AND HOUSING AND URBAN TREASURY AND GENERAL GOV- myself such time as I may consume. DEVELOPMENT, AND INDEPEND- ERNMENT APPROPRIATIONS ACT, Mr. Chairman, tonight I am pleased ENT AGENCIES APPROPRIATIONS 1999 that we have gotten to the point where ACT, 1999 The SPEAKER pro tempore. Pursu- we are and that I can bring to the floor Mr. OBEY. Mr. Speaker, I ask unani- ant to House Resolution 498 and rule H.R. 4104 which is the fiscal year 1999 mous consent that the House waive all XXIII, the Chair declares the House in Treasury, Postal Service and General H5574 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Government appropriations bill. As re- power plants have gone off line, have them through the authorizing legisla- ported, this bill provides $13.2 billion in shut down for safety reasons. FAA’s tion. discretionary budget authority for the contingency plan for the year 2000, that Mr. Chairman, the bill before us agencies under the subcommittee’s ju- is, in the event their computers go today supports those critical oper- risdiction, and this level of funding is belly-up and they do not have their ations for the Customs Service, the In- consistent with the subcommittee’s mission-critical systems compliant, ternal Revenue Service, the Secret section 302(b) allocation. their contingency plan is simply to re- Service, the General Services Adminis- Mr. Chairman, I might note that the duce the number of flights by 60 per- tration. We simply cannot afford to rule that we have just adopted, I real- cent. shut those agencies down in order to ize, places in jeopardy large portions of My colleagues, it is obvious that this advance controversial legislative this bill and many parts of the bill kind of solution or this kind of problem items. which include legislative provisions is one we simply cannot afford. Finally, Mr. Chairman, let me take carefully crafted and agreed upon by In OMB’s last report to the Commit- just a moment to take this opportunity the Members on both sides of the aisle. tee on Agency Progress in Meeting the in this moment to express my sincere So I want to say that I believe the bill, Year 2000 Deadline we were told that appreciation for the very hard work as reported by the Committee on Ap- only 40 percent of all critical mission and the dedication of the distinguished propriations, is an outstanding bill. It systems in the Federal Government are ranking member of this subcommittee, is one which every Member, I believe, compliant. That means that 60 percent the gentleman from Maryland (Mr. on both sides of the aisle, can be very are not. We are being told that 15 of HOYER), and for his staff, Cory Alexan- proud. the 24 largest Federal agencies will fail der, Kim Weaver, Pat Schlueter. They The bill that we have here today is to meet the January 1 deadline. have been absolutely invaluable as we one that is very strong for law enforce- Mr. Chairman, January 1, 2000, is not moved this bill through the sub- ment. It is tough on drugs. It supports a date that we can slip. We cannot in committee, the full committee, and our efforts to restructure and reform this body, in this Congress, pass legis- now to the House floor. the way the Internal Revenue Service lation which will postpone the begin- And as I pay tribute to them, let me does business. It is supportive of much- ning of the millennium, which will stop pay tribute to those staff members who needed new court space for our judicial the clock in its tracks, so it is critical are around me on this side of the aisle system. that agencies get the resources they who have done such an outstanding and First, in this area of law enforcement need and that it gets them in a timely fantastic job: the clerk for our commit- we continue our commitment to the fashion. We cannot and we should not tee, Michelle Mrdeza; our other profes- drug and law enforcement efforts of the afford to play politics on this issue. We sional staff, Bob Schmidt, Jeff Ashford, Department of Treasury as well as to need to do everything possible to en- Tammy Hughes; and our detailee from the Office of National Drug Policy drug sure that the agencies have the money the Federal Government, from the Se- control policy headed by General they need and they have it when they cret Service, Frank Larkin; and to my McCaffrey. In total, we provide $3.6 bil- need it, and regardless of the outcome personal staff member, Jason Isaac; all lion for Treasury law enforcement ef- of what happens on this bill, we must of whom have toiled an incredible num- forts and $427 million for the activities make sure that we take the steps, ber of hours in order to get us where we and operations of the Office of National whether it is in this bill or a separate are this evening. Mr. Chairman, without the coopera- Drug Control Policy. As it specifically supplemental appropriation bill, to get tive work on both sides of the aisle, I relates to drug efforts, the mark pro- that money to these agencies that is do not think that we would have the vides $1.8 billion. That is an increase of absolutely necessary. Mr. Chairman, I want to make a few bill that we have here this evening. about 3 percent over the current fiscal Mr. Chairman, I reserve the balance general observations about several pos- year and approximately the same as of my time. the President has requested. sible amendments to this bill. At this Mr. HOYER. Mr. Chairman, I yield Second, we continue to target re- point, we have a list of some 25 dif- myself such time as I may consume. sources to restructuring the IRS man- ferent colloquies, amendments and Mr. Chairman, the gentleman from agement, computer modernization and points of order. I suspect with the Arizona is, in my opinion, one of the customer service; and, third, we end adoption of the rule that we have just most decent, hard-working Members of the moratorium on the Federal con- had there will be many other points of the House, and he is continually. Be- struction of courthouses, providing order that will be made. Of these only cause this is a difficult bill to handle, much-needed space and security for the seven, seven have anything to do with plays in very difficult situations, and I judiciary to meet the demands of its an appropriations matter, with the dol- want to thank the gentleman from Ari- increasing workloads. lars that are in this bill. The rest are zona for his bipartisanship in handling Mr. Chairman, as my colleagues are all legislative in nature. this bill. very aware, this bill carries an emer- I appreciate and share the frustration I also want to join him in congratu- gency appropriation of $2.25 billion for that we all have when important legis- lating the staff at the beginning of my ensuring that all Federal information lative issues are not and cannot be ad- remarks. He mentioned, and I will systems are Year 2000 compliant. I can- dressed through the appropriate au- mention them again because that de- not stress enough to my colleagues the thorization process. But there is a rea- serves such: the Chief Clerk of our emergency nature of this issue. The son that these provisions cannot and committee, Michele Mrdeza, with implications of an information systems are not moved through the regular leg- whom I have had the opportunity to crash on January 1 in the Year 2000 islative process. They are controver- work for 7 years now, Bob Schmidt, would be simply mind-boggling. sial, and they are difficult issues. They Jeff Ashford, Tammy Hughes, Frank Checks to senior citizens, to veter- require the thorough vetting of a com- Larkin and Jason Isaac who is, al- ans, to financially-needy Americans mittee hearing. They require the care- though not on the committee staff like will go because the group re- ful consideration of the authorizing Cory Alexander of my personal staff, of sponsible for getting these payments committees which are established and my leadership staff, a critical compo- out, the Financial Management Serv- constituted and staffed to consider nent of the consideration of this bill, ice, may not be able to meet its dead- that kind of legislation. Attaching and Pat Schlueter and Kim Weaver, line. The FMS, Financial Management these items to an appropriation bill who work respectively for the commit- Service, sends out 63 million Federal does nothing to address the underlying tee and for the Committee on Appro- payments each month. They pay 85 per- controversy. In fact, it intensifies the priations’ associate staff. cent of the government’s bills. Rail debate and serves to threaten and de- Mr. Chairman, I want to begin by systems could come to a standstill rail the very important work of the saying that this bill in many respects with trains sitting idle on tracks be- Committee on Appropriations which is is a very good bill given the fiscal con- cause switches are locked in place. to make sure that our agencies have straints that confront the Committee Major power grids could be thrown into the funds they need to carry out the on Appropriations. This subcommit- a massive blackout because nuclear tasks that this Congress has given tee’s commitment of over $4 billion to July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5575 the Treasury’s very important law en- For GSA, I am pleased that we are KOLBE), I would like to take a moment forcement activity is present in this able to include money for absolutely to thank you for your hard work on bill. Almost one-third of the $13.2 bil- essential courthouse construction this Treasury, Postal Service, and Gen- lion in discretionary budget authority projects. One of the reasons crime has eral Government appropriations bill. In in this bill is targeted at law enforce- gone down is because prosecutions are particular, I am very pleased the gen- ment. up, and we are processing criminals tleman and his committee has seen fit I am pleased that the bill fully funds and letting them know that prosecu- to include report language that directs the President’s request for the Youth tion will be swift and sure. It is obvious the White House Counsel’s Office to Crime Gun Interdiction Initiative. The that we need facilities to accomplish clearly define the line between per- $27 million program is an important that objective. sonal and official legal business in rep- part of the administration’s overall I want to congratulate the gentleman resentation. strategy to curb youth violence. This from Arizona (Chairman KOLBE) be- Mr. Chairman, I have been examining administration has been successful in cause he disciplined our committee to this issue for many months now and presenting to the American public in taking the priorities of the Judicial have come to the conclusion that the its first term a program to reduce Conference and the General Services White House Counsel’s Office continues crime in America. The good news is Administration. These are not political to use taxpayer funds to pay legal staff they have been successful. choices. These are choices by the ex- to work on the President’s personal perts who know the needs and the legal issues. I think this is clearly a b 2145 abilities of the GSA to perform the re- misuse of taxpayer funds. That is why This bill will continue that progress. sponsibilities assigned to them by this I introduced a sense of the House reso- This bill funds antidrug activities to- Congress. lution this March that, along with the taling over $1.8 billion. Over $400 mil- I remain concerned, however, about cosponsorship of 30 of my colleagues, lion is provided to the drug czar for a authorizing language for the FEC that sends a clear signal to the White House variety of drug-fighting efforts, includ- would essentially establish term limits that the public will not stand for foot- ing $162 million for the very successful for the staff director and general coun- ing personal legal bills of its elected of- high-intensity drug trafficking areas. sel. I presume that will be struck, and ficials. I am pleased that we are able to I expect it to be struck. Mr. Chairman, the White House maintain IRS funding at a level that Finally, I am pleased that this bill Counsel’s Office does not need 34 staff will enable Commissioner Rossotti to contains special emphasis in funding members, when previous Counsel’s Of- continue progress with reform. for solving the century date change fice staff was limited to seven at most, I want to speak briefly of the changes problems with computers government- and the American taxpayers should not that had been effected in IRS. Sec- wide. We talked about that in the con- be held accountable for $2.36 million in retary Rubin and Deputy Secretary sideration of the rule. I hope that it salaries for this legal work. Sommer should be given great credit stays in this bill. The chairman has Mr. KOLBE. Mr. Chairman, reclaim- for rescuing the failing tax system’s pointed out it is a critical need, and ing my time, first of all, I would like to modernization program. They provided our committee has responded to that commend my colleague from Arizona the needed high-level oversight for IRS need, not just on behalf of the agencies for the hard work that he has done on to make a sharp turn in this computer in our bill but the agencies throughout the research on this issue. Our sub- systems area. They appointed a new government. committee has spent a good deal of chief computer systems officer who, As I pointed out in my opposition to time in the past several months re- after months of intense work, released the rule, which did not protect this, viewing the operations of the Office of a blueprint for technology moderniza- that was absolutely essential as we General Counsel in the White House. tion. This multibillion dollar program confront, as the chairman said, Janu- What we have learned is that, of the 34 is now on the right track and it has ary 1 of the year 2000, because if we fail full-time employees in this office, been put on the right track by a bipar- to solve this problem, not only will there are seven attorneys that are as- tisan effort of this Congress and by the government shut down, not only will signed to ongoing Congressional, Inde- leadership and through the leadership Medicare and Social Security be put at pendent Counsel and Justice Depart- of Secretary Rubin and Secretary risk, not only will veterans benefits be ment investigations. We all know that appropriations can- Sommer and members of the IRS staff. put at risk, not only will the FAA, who not be used to pay an employee’s per- The appointment of Commissioner controls our airplanes and our flight sonal expenses. While we know that Rossotti was another clear change, Mr. patterns and safety in the skies be at this is the case, the General Account- Chairman, for IRS. Commissioner risk, but private commerce, which re- ing Office has found that there may be Rossotti is a tough-minded business lies on the operations of government, some instances in which official and manager. During his brief tenure, to- will also be put at risk. I would hope, personal interests of a Federal em- gether with Secretary Rubin, IRS has but do not expect, that we will protect ployee may overlap. It appears this is improved customer service in a number that item. Mr. Chairman, I want to thank again precisely the case in the current inves- of ways. Telephone access has been in- the chairman and the staff for their tigations of the President. creased from 69 percent to 90 percent. work on this bill. We will see how it I agree with my colleague that a Problem-solving days were instituted proceeds, and we will see what is left of proper distinction needs to be made be- in all 33 IRS districts, allowing tax- the bill after the Members in this tween these two very separate sources payers to cut through the red tape and House or this House works its will on it of legal business, and I was pleased to resolve difficult problems. National within the framework of this unfortu- include report language to this effect and local taxpayer advocates were es- nate rule. in the Treasury, Postal Service, and tablished. Mr. Chairman, I reserve the balance General Government appropriations In addition to Treasury, this bill, Mr. of my time. bill. Chairman, funds many smaller agen- Mr. KOLBE. Mr. Chairman, I yield Mr. Chairman, as the gentleman cies, including Archives, OPM, GSA, myself such time as I may consume for knows, the bill before us today calls for the Federal Elections Commission and the purpose of a colloquy with the gen- the counsel’s office to write guidelines the Executive Office of the President. tleman from Arizona (Mr. HAYWORTH). to ensure that ‘‘no Federal funds are We will be talking about those agen- Mr. HAYWORTH. Mr. Chairman, will used for the private defense of the cies as we proceed through the markup the gentleman yield? President.’’ The gentleman and I agree of this bill. They are critically impor- Mr. KOLBE. I yield to the gentleman on this issue, and I look forward to tant agencies of our government; and, from Arizona. continuing to work with the gentleman for the most part, we have tried to fund Mr. HAYWORTH. Mr. Chairman, I on this and other issues to ensure that them so that they can perform their re- thank the distinguished gentleman tax dollars are not used to pay the pri- sponsibilities as appointed by this Con- from Arizona for this time. vate legal expenses of the President. gress through legislation and as is ex- Mr. Chairman, I would say to the Mr. HAYWORTH. Mr. Chairman, if pected by the American public. gentleman from Arizona (Chairman the gentleman will yield further, I H5576 CONGRESSIONAL RECORD — HOUSE July 15, 1998 would like to thank my colleague from many provisions, including a number of General McCaffrey, has indicated that Arizona for his continued support of those that I happen to personally agree he believes that resources should be this very important issue. with. brought to bear in the Dallas-Fort Mr. HOYER. Mr. Chairman, will the Mr. KOLBE. Mr. Chairman, I yield Worth area. This $5 million that we be- gentleman yield? myself such time as I may consume. lieve is necessary is something that we Mr. KOLBE. I yield to the gentleman Mr. Chairman, before I yield for a would like to ask to be designated as a from Maryland. colloquy, let me just say in response to result of these discussions and would Mr. HOYER. Mr. Chairman, I would the gentleman from Wisconsin (Mr. ask that General McCaffrey designate ask the gentleman from Arizona (Mr. OBEY) that I appreciate very much his this area as a HIDTA. KOLBE), am I correct that our commit- kind words about our work on this bill, b 2200 tee has made no finding that such my work. Certainly he and his staff funds have been used? have been also very helpful in getting My good friend and colleague, the Mr. KOLBE. Mr. Chairman, our com- us where we are. gentleman from Texas, (Mr. SAM JOHN- mittee was not and we were not Obviously, the statements that I SON) and I wanted to engage in some charged with making such a finding, made about the Y2K, I believe very discussions about this. that is correct. strongly that we need them. My objec- Mr. SAM JOHNSON of Texas. Mr. Mr. HOYER. Mr. Chairman, I yield 2 tion earlier to the gentleman’s unani- Chairman, I rise today to join in this minutes to the gentleman from Wis- mous consent request was not because colloquy with the distinguished chair- consin (Mr. OBEY), the distinguished I do not believe that we should have man of the Subcommittee on Treasury, ranking member and former chairman this, but because I think it is my re- Postal Service, and General Govern- of the Committee on Appropriations. sponsibility as the chairman of this ment, as well as my friend and col- Mr. OBEY. Mr. Chairman, first of all, subcommittee and managing this bill league, the gentleman from Texas (Mr. I want to congratulate the gentleman to preserve the rights of the House in SESSIONS). The 13 that died from heroin from Arizona (Mr. KOLBE) for his open- what the rule that they just passed that the gentleman discussed came ing statement. I think it was a very says, which is not to protect that. So I from Plano, which is the area that I thoughtful discussion of the procedural am still very hopeful we are going to represent, and the drug seizure at Dal- obligations of the House. I think the have this issue resolved in the not-too- las-Fort Worth Airport which was $11.7 gentleman is a distinct credit to the distant future. million in heroin, amounts to only 2 House, and it is a privilege for me to Mr. Chairman, I yield such time as he percent of what goes through there in serve with him. I think the gentleman may consume to the gentleman from their estimation. They do not have the tried to do the right thing on the sub- Texas (Mr. SESSIONS) for a colloquy. resources to address the problem, and Mr. SESSIONS. Mr. Chairman, I have ject that I am about to talk about. that is why we are requesting the gen- Mr. Chairman, our job as Members of an amendment at the desk, but rather tleman’s help in securing the necessary than introducing it, I rise to engage Congress is, first of all, to define dif- funds to designate north Texas as a the gentleman from Arizona (Mr. ferences and then to try to find resolu- high-intensity drug area. KOLBE) in a colloquy. I would like to tion to those differentials. There are a Providing funds will give local law discuss with the gentleman from Ari- number of items in the appropriation enforcement the necessary resources to zona, the distinguished chairman of the bills which are always subject to being fight the war on drugs. The gentleman Subcommittee on Treasury, Postal stricken on a point of order, but they knows what our position in Texas is Service and General Government, pro- are usually included because they are relevant to the country of Mexico, and visions, issues, that are contained in necessary to build the kind of consen- therefore, I think that the gentleman his fiscal 1999 appropriations measure. sus that one has to have to pass bills In title 3 of the bill, there is funding understands that our Dallas-north like this. for high-intensity drug trafficking Texas area has become a funnel for The committee knew, for instance, areas. As the gentleman knows, the il- that process, and Barry McCaffrey, as that we had an emergency with govern- legal drug trade has been a problem in he indicated, does agree and informs us ment computers with the year 2000 the Dallas-Fort Worth area for quite that he supports our efforts. problem that our computer manufac- some time. However, in the last 13 The Senate has already earmarked $5 turers have tossed in our lap, and the months, it has gotten progressively million for the creation of HIDTA in committee tried to deal with that in a worse. northeast Texas, and we hope that the responsible way. But the rebels in the Since 1997, 13 young people have died gentleman will continue to work with Republican caucus blew that agree- from heroin overdoses in Plano, which us and support the Senate language in ment up, and so we had a rule which is an affluent subdivision of Dallas. conference. I know that the chairman will allow that to be stricken. From January to June 1997, Parkland of the subcommittee, the gentleman On the issue of contraception involv- Hospital in Dallas has had 311 cocaine from Arizona (Mr. KOLBE) and I have ing Federal employee insurance, again overdoses, 44 heroin overdoses and 19 had a discussion previously, and the we had a bipartisan committee consen- methamphetamine overdoses. I reit- gentleman indicated that perhaps the sus on that issue, but the rebels in the erate, this is just in one hospital in dollars were not there, but in con- Republican caucus did not like that, so Dallas. ference, perhaps the gentleman and the they have blown up that agreement. Recently, the U.S. Attorney’s Office Senate can find them. I tried to make my earlier motion be- in Dallas and the Drug Enforcement Parents and children of north Texas cause I sought to prevent one Member Administration announced the seizure need this help, and we are really fight- from being able to strike the language of $11.7 million in heroin at the Dallas- ing a war there, and we need the essen- in this bill that treats as an emergency Fort Worth International Airport. It is tial weapon of the HIDTA in the Dallas the government-wide computer prob- clear that the DFW area has become a area. I know for the people of our area lems which we have. That motion was major trafficking point for inter- that the gentleman will help us. We objected to. national narcotics trafficking. just cannot afford to lose one more If the majority is insisting on strik- According to the Office of National child to the ravages of drugs. ing that emergency provision and if the Drug Control Policy, a region’s des- I thank the gentleman for allowing majority is insisting on striking of the ignation as a HIDTA is the result of us to discuss it with the gentleman Lowey language, then it seems to me massive collection and analysis of var- this evening. that, in the interests of equity, I have ious kinds of drug and law enforcement Mr. KOLBE. Mr. Chairman, will the no choice but to strike most of the lan- information. This information should gentleman yield? guage of the bill which is vulnerable to demonstrate that increased resources Mr. SESSIONS. I yield to the gen- points of order, and I intend to do so as can be brought to bear in a specific tleman from Arizona. we move through the committee proc- area and would result in progress being Mr. KOLBE. Mr. Chairman, I thank ess. I take this time simply to notify made in that area. both of the gentlemen for the questions the House of that so that they will un- In our discussions with the Office of and the comments that they made. I derstand why I will be striking a good Drug Policy Director, Barry McCaffrey, am very aware of the work done by the July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5577 High Intensity Drug Trafficking Areas, tee has done that. We have given the Let me just say, first of all, that the the HIDTAs, and the efforts that they kind of support to investigations so gentleman from Pennsylvania has been make in order to cooperate with local that when something is discovered, extraordinarily eloquent and persistent law enforcement. I think they do make that there is support for the findings. on this issue, and he has made a case, a difference, and I certainly understand Most importantly, attention is being I think a very strong case, not just to from the eloquent statements tonight given to missing and exploited chil- me, but I believe to the GSA, about the how critical the need is in the Dallas- dren. My colleagues may have heard of need for this in the gentleman’s com- Fort Worth area. many instances in my Miami, Dade munity, and his community is very for- It is my understanding that the di- County, of children who have been tunate to have the gentleman advocat- rector plans to designate the Dallas- missing and have yet to be found, and ing on their behalf for this, I know, Fort Worth area as a HIDTA, and this this committee is focusing on that, to very important project for the gentle- legislation, I can tell my colleagues strengthen the families and to try to man’s community. Let me just say the that this legislation does provide ade- give us some assurance that once there gentleman made me aware, and if I was quate funding of the overall HIDTA ac- is a missing or a lost child, this com- not before, I am very aware now, for count to fund the creation of another mittee has paid attention to that. the need for renovation and expansion HIDTA in that area. The Customs Service, that is the of the Erie Federal Courthouse that Mr. SESSIONS. Mr. Chairman, I highlight of an area that I represent, the gentleman brought to my attention would like to thank the distinguished Miami. We are surrounded by water, both last year and again this year. gentleman from Arizona, and the gen- and if it were not for the attention of As the gentleman points out, we did the gentleman from Arizona (Mr. tleman from Texas (Mr. SAM JOHNSON) follow the priorities established by the KOLBE) and the gentleman from Mary- and I both have worked very carefully Judicial Conference of the United land (Mr. HOYER) and this subcommit- with the chairman of the subcommit- States in this year’s bill. Last year we tee, we would have many, many prob- tee, not only to enunciate what the did not have any courthouse construc- lems in Miami. They have steadily in- tion, this year we do have some, and we problem has been in Dallas and Fort creased the number of Customs Service Worth, but also to receive his advice have gone right down the list, funding operators we have in Miami, and in as many as we can going straight down along the way in how to get this done. south Florida we are extremely grate- I have great respect and I want to that list. ful for that. I could go on and on, tell- It is my understanding that the Erie thank the gentleman very much. I will ing my colleagues about the many tell the gentleman that the citizens of project is currently in the Judicial things that this committee has focused Conference’s fiscal year 2001, not fiscal Dallas and Fort Worth, the police de- on, but most of all, it is important to partments that will utilize this and the year 2000, construction program, but I be a working Member of this commit- will certainly continue to work with U.S. Attorney, we will spend the tee and not be left out of decisions. money very wisely. We have a great re- the gentleman on the gentleman’s That has not happened on this sub- project as we attempt to continue spect for the taxpayers who have pro- committee. vided this money, and we intend for funding priorities for new courthouse I want to congratulate the chairman projects, and I hope that we can get ad- our resources to be used very carefully. and the ranking member for such pro- ditional funding next year to move as I thank the gentleman. fessional acumen. many projects forward as possible. Mr. HOYER. Mr. Chairman, I yield Mr. KOLBE. Mr. Chairman, I yield Mr. ENGLISH of Pennsylvania. Mr. such time as she may consume to a dis- such time as he may consume to the Chairman, I thank the gentleman, and tinguished member of our committee, distinguished gentleman from Erie, I thank him for all of his efforts on our the gentlewoman from South Florida Pennsylvania (Mr. ENGLISH) for the behalf, for his willingness to consider (Mrs. MEEK), the former State Senator purposes of a colloquy. this project, and I look forward to sup- and now a distinguished Member of our Mr. ENGLISH of Pennsylvania. Mr. porting this appropriation and working body. Chairman, it is indeed a privilege to with him in the future to make sure Mrs. MEEK of Florida. Mr. Chair- engage the distinguished gentleman that the Erie project goes forward. man, to the gentleman from Arizona from Arizona (Mr. KOLBE), my friend, Mr. HOYER. Mr. Chairman, I yield (Mr. KOLBE) my chairman of the sub- the subcommittee chairman, in a col- 1 loquy. 3 ⁄2 minutes to the distinguished gen- committee, and to my ranking mem- tlewoman from New York (Mrs. ber, the gentleman from Maryland (Mr. Mr. Chairman, it is my understand- ing that the subcommittee felt, under- MALONEY), who has been such a hard HOYER), it has been a pleasure to serve worker on the Federal Election Com- on this subcommittee. standably so, that they had to closely follow the recommendations of the Ju- mission and such an assistance to our First of all, the chairman has con- committee in working on this issue. ducted the meetings with a profes- dicial Conference when deciding on courthouse priorities in this appropria- Mrs. MALONEY of New York. Mr. sional acumen that is rarely seen in a Chairman, I thank the gentleman for body such as this. The ranking member tion. As the gentleman is well aware, be- yielding to me. has supported him and has helped us. Mr. Chairman, tomorrow I will raise We have worked as a group. It is not a cause we have discussed it at length, the Federal courthouse complex in my a point of order against section 511 of partisan committee, it is a bipartisan hometown of Erie, Pennsylvania, is this bill. I had planned to offer an committee where we work together on badly in need of renovation and expan- amendment to strike this language. issues and we work toward the resolu- sion. Repair and renovation of this However, the provision is not pro- tion of those issues. courthouse is a strong community pri- tected, and I will instead raise a point This is a very good bill. I support it. ority that enjoys active support by the of order. I would like my colleagues to support Federal judges who work there, the The current version of this bill con- it. It is extremely important that at- GSA, as well as most of our local elect- tains an unprecedented provision which tention be paid to the reduction of vio- ed officials. makes Members of Congress microman- lent crime, and this subcommittee has Recognizing that the committee had agers. It would essentially fire the gen- seen to that, not only in its proceed- severely limited funds to work with eral counsel and staff director of the ings, but in all of its action in that this year on new courthouse construc- Federal Elections Commission. committee. tion projects, does the chairman agree Since when, Mr. Chairman, have What effort is any better in a Con- to consider this project for funding for Members of Congress gotten into the gress than the reduction of crime and the fiscal year 2000 legislation? business of hiring and firing staff at the saving of lives, and this committee Mr. KOLBE. Mr. Chairman, will the the Federal Elections Commission? has seen to that and has funded it. gentleman yield? The Federal Elections Commission is a I am particularly interested in the Mr. ENGLISH of Pennsylvania. I congressional campaign watchdog. How gang resistance reduction program in yield to the gentleman from Arizona. can Congress be put in charge of hiring that gangs are on the rise in our coun- Mr. KOLBE. Mr. Chairman, I appre- and firing people who are supposed to try, and we need more and more atten- ciate the gentleman’s question and be policing them? It is sort of like let- tion paid to them, and this subcommit- yielding to me to respond to him. ting the inmates run the penitentiary. H5578 CONGRESSIONAL RECORD — HOUSE July 15, 1998 This is how it is being engineered: Mr. Chairman, no one opposed the committee on Oversight of the Com- The FEC is a bipartisan commission rule under which we are working more mittee on Ways and Means that has di- made up of three Republicans and three strongly than did I. No one regrets rect responsibility for the IRS, I have Democrats. The Commissioners make more keenly that that rule passed. held the hearings on compliance on the all the final decisions: Salaries, deci- However, it gives us extraordinary lati- year 2000 matters for all of those agen- sions regarding who or what is inves- tude, extraordinary freedom, and with cies under our jurisdiction, which is tigated. It is all made on a bipartisan that freedom comes a good deal of re- more than half the Federal Govern- basis because four members must sponsibility. I would call on my col- ment. agree. leagues on both sides of the aisle to ex- I believe that many, many, many The bill that is in front of us tonight ercise the power that this rule gives us people in our government are working and tomorrow would change all that. It individually in the interests of the peo- extremely hard to assure that on Janu- would allow the general counsel and ple of this country. ary 1, 2000, we will be able to pay the the staff director to be fired by just I lost that rule fight. Those who op- bills, that there will be no interruption three Commissioners or by just one posed it lost that rule fight in the good in government services, that Medicare party. old-fashioned way democracy works. I will go well, Social Security will go It was not long ago that the new ma- would hope that no one in this House well, contractors will get paid, defense jority tied the hands of the FEC finan- would raise a point of order against the will move forward. cially by fencing their money, saying it funding for the IRS, whose very struc- I think it is our obligation, while we could only be used for computers and ture and organization we have worked may not all agree on how to fund this not for investigations, which is what hard to reform. at this particular moment, to let this they needed. Now the new majority is I would hope we would not raise a bill move forward. So my plea is not attempting to tie the hands of the FEC point of order against the Customs; just to those who might want to elimi- politically. In other words, if one’s against the Financial Management nate any agency that is vulnerable to party or big donor becomes a target of Services, that pays all the bills in this elimination under this rule, like those the FEC, the FEC and its staff will be- country; the GSA, responsible for that I mentioned. It is also, for a sec- come the target. building courthouses, some of them so ond thought, by some on my side who Unfortunately, I believe the pattern desperately needed to administer jus- are not satisfied with how we are fund- has already been set. The current FEC tice in this country. ing the Y2K challenge. general counsel, Mr. Lawrence Noble, I know the passions that underlie There are many rounds yet in the has served the agency with distinction some of the controversial sections of public discussion within this body and for 11 years. During that time he has the bill, like that referred to by my in the Senate as to how we satisfy that, recommended investigations of anyone so I think restraint on both sides of the colleague, the gentlewoman from New he believes may have violated election aisle to move forward on this very im- York (Mrs. MALONEY) in the section re- laws, Republicans, Democrats, Inde- portant bill is a responsibility we garding the FEC. There certainly will pendents alike. share. However, because he is making sen- be some sections struck as this bill Mr. KOLBE. I thank the gentle- sible recommendations regarding an goes forward. But I would hope that woman for her comments. I certainly FEC ban on soft money and tightening none of us would use the latitude concur with them. the definition of ‘‘independent expendi- granted under this rule in a punitive, Mr. Chairman, I reserve the balance ture,’’ he has become the target of the vindictive, or destructive manner. of my time. It is extremely important that this GOP. Also, his investigations of Mr. HOYER. Mr. Chairman, I yield House be able to exercise freedom re- GOPAC have been questioned. myself 30 seconds. I must note quickly that these two sponsibly. We tell our constituents to Mr. Chairman, I would like to simply recommendations are currently con- do it, and we have to do it. So I would comment and thank the gentlewoman tained in the Shays-Meehan campaign hope that we would be able, at the end from Connecticut (Mrs. JOHNSON) for finance reform bill. That, too, is a pro- of the day, to come out with a bill that her comments. Unfortunately, as she posal that the leadership on the other does appropriately fund the many, knows and we all know, the problem side of the aisle has taken great cre- many functions of government that are with the rule is that any one of 435 peo- ative pains to kill. encompassed in this appropriations ple can, under the rule, object and Mr. Chairman, I have before me a re- bill. strike any matter in the bill that is cent editorial from the New York Mr. Chairman, as one who opposed not authorized, or is so-called legisla- Times called ‘‘Punishing Competence the rule strongly, I ask my colleagues tion on an appropriation bill, which in at the FEC.’’ The text reads, ‘‘This to not exercise the authority it grants many instances is absolutely essential change is nothing more than an at- except in a very, very narrow manner. to carry out objectives that are gen- tempt to install a do-nothing staff. Re- Mr. KOLBE. Mr. Chairman, I yield erally agreed upon. form-minded members from both par- myself such time as I may consume. The problem with doing that, of ties have a duty to oppose this ven- Mr. Chairman, I thank the gentle- course, is that acting reasonably is detta.’’ Vendetta. woman for her very eloquent comments sometimes in the eye of the actor, and Mr. Chairman, we have enough on and remarks. I think they are remarks one of our 435 colleagues may well our plate to do; we should not be get- that I hope will be heeded by Members think they are acting very reasonably ting into the area of making personnel on both sides of the aisle. and responsibly by striking a matter decisions at the Federal Election Com- As the ranking member from the that 434 of us do not. But under this mission, and I am relieved that this other side said a few moments ago, this rule, any one of us that sees something provision will be stricken tomorrow, has been a bill that has been carefully as a reasonable action to strike prob- and I hope that this is the last time crafted, and I think has had the work ably a majority of this bill can do so. that we will ever hear of such an ill- in a bipartisan way of people on both That was and is the problem with this conceived, partisan, misguided idea as sides of the aisle, so I would hope that rule. was put forward by the majority party. we would not strike out, and it does Mr. Chairman, I yield 41⁄2 minutes to not mean that we have agreed on ev- the distinguished gentleman from Mas- b 2215 erything, but I would hope that we do sachusetts (Mr. DELAHUNT). Mr. KOLBE. Mr. Chairman, I am not get into a spirit of tit for tat, and Mr. KOLBE. Mr. Chairman, I yield 30 happy to yield 21⁄2 minutes to the very we do not strike all the provisions of seconds to the gentleman from Massa- distinguished gentlewoman from Con- this bill. chusetts (Mr. DELAHUNT). necticut (Mrs. JOHNSON), who has Mrs. JOHNSON of Connecticut. Mr. Mr. DELAHUNT. Mr. Chairman, I worked very hard on the reform of the Chairman, will the gentleman yield? rise to engage the gentleman from Ari- Internal Revenue Service. Mr. KOLBE. I yield to the gentle- zona (Mr. KOLBE) in a colloquy. Before Mrs. JOHNSON of Connecticut. Mr. woman from Connecticut. I do, I just want to associate myself Chairman, I thank the gentleman for Mrs. JOHNSON of Connecticut. Mr. with the remarks of the ranking mem- yielding time to me. Chairman, as chairman of the Sub- ber regarding the hard work and the July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5579 dedication by both staff on the minor- budget constraints, and that this re- investigative component of the Depart- ity and the majority side, as well as quest comes very late in the appropria- ment of Justice’s Trigger Lock pro- the kudos and praise that he proffered tions process. I cannot at this time gram, the violent crime coordinators to the chairman. propose an amendment to transfer this work with local prosecutors, police de- Mr. Chairman, I ask to engage the funding from other activities included partments, and the United States At- gentleman from Arizona in a colloquy. in this bill. Instead, I would hope to torney’s Office to investigate armed Mr. KOLBE. Mr. Chairman, will the work with the committee to explore career criminal cases and ensure that gentleman yield? ways to work with this program as the they are prosecuted to the full extent Mr. DELAHUNT. I yield to the gen- bill proceeds to conference. of the law. tleman from Arizona. Will the chairman agree to work in VCC’s represent an important link in Mr. KOLBE. Mr. Chairman, I am conference with the other body to find our law enforcement system, and have pleased to engage the gentleman from funding for the Night Cat pilot pro- been successful in keeping our Nation’s Massachusetts (Mr. DELAHUNT) in a col- gram? most violent repeat offenders off our loquy. Mr. KOLBE. Mr. Chairman, I want to streets by making sure that Federal Mr. DELAHUNT. Mr. Chairman, I say thank the gentleman from Massachu- mandatory extended sentences are im- to the Chairman, the gentleman from setts for his efforts in this innovative plemented. Arizona, as a former prosecutor, I have and promising law enforcement tech- VCC programs have been supported seen firsthand the devastating toll of nology program. by groups on all sides of the gun debate illegal drugs on countless individuals, The committee is highly concerned families and communities. As we strive as a way to increase the prosecution of about the state of U.S. marine law en- to continue to reduce the demand for violent crime. I know that the sub- forcement, and the poor condition of illegal narcotics, we must also do all committee has worked hard to craft a the vessels and operational capabilities we can to supply the men and women bill within a very limited budget. Un- of the Custom Service’s marine inter- who patrol our borders with the tools fortunately, no money was appro- diction program. Our bill adds $1 mil- they need to prevent drugs from reach- priated for this very important pro- ing our shores. lion for the Customs marine interdic- gram in the House bill. I have been Today I rise in support of a new tion program. That is a 20 percent in- working with the subcommittee to find interdiction technology that could help crease over last year’s level. a way to provide $2 million for the pro- law enforcement do its job. The innova- While the Night Cat would be a major gram to bring it to cities like Chicago, tive, sea-going Night Cat catamaran asset for the interdiction mission, as well as others. has outstanding fuel efficiency, re- many other issues, apart from procure- While I had initially intended to offer markable speed, and superior handling ment, have to be addressed in order to an amendment to transfer $2 million and maneuvering capability, as well as upgrade the condition of Customs ma- from the General Services Administra- a unique wave-piercing engineering rine enforcement. tion’s building operations account to which addresses the problems of phys- Scores of vessels are deteriorating or fund this program, I am instead hoping ical stress and injuries to crew mem- are in poor condition, sitting in dry- to work with the subcommittee as the bers caused by vertical acceleration in dock or otherwise languishing for lack bill proceeds to conference to find a choppy seas. of resources to operate or maintain way to achieve this goal. These advances would provide a dra- them. Inadequate staffing and oper- Will the chairman agree to work in matic increase in our ability to out- ational support is a continuing prob- conference with the other body to find maneuver smugglers and maintain con- lem, as is the need for management to funding for the violent crime coordina- trol in high-speed pursuits. There is a integrate operational intelligence, in- tor program? vestigative efforts, and air assets far long list of recent rave reviews from b 2230 Federal, State, and local anti-smug- better than is currently the case. gling officials. I would also expect to see efforts to Mr. KOLBE. Mr. Chairman, if the In extensive tests last September secure funding through DOD channels. gentleman will continue to yield, I that were funded by the Office of Na- Nonetheless, test results do show the thank the gentleman for his interest tional Drug Control Policy’s Night Cat could make a strong con- and for the strong support that he has Counterdrug Technology Assessment tribution to the interdiction effort given to this law enforcement issue. Center, and carried out by the Naval along our vulnerable coastal areas. As The committee has tried very hard to Surface Warfare Center and the Massa- the gentleman has indicated, it could fund law enforcement priority pro- chusetts Institute of Technology, the be a useful military asset. grams that have been requested by the Night Cat outperformed other craft up With the understanding that we have administration, and I would like to to 150 percent larger. Its design has to address a broad range of issues in point out that we increased funding for been formally endorsed by U.S. Cus- supporting marine interdiction, I want the ATF by $16 million to a total of $28 toms, U.S. Border Patrol, the DEA, to assure the gentleman from Massa- million for the youth crime gun inter- U.S. Coast Guard, Navy Seals, and the chusetts that we will work with him to diction initiative that was requested Naval Surface Warfare Center. explore ways in which we can support by the President. Now it is time to help realize the po- this program, this very useful program In trying to accommodate all the re- tential of the prototype Night Cat cat- as we go to the conference. quirements the committee needed to amaran. Congressional support, by pro- Mr. HOYER. Mr. Chairman, I yield 3 fund, it was not possible to increase viding an additional $2.5 million, would minutes to the gentleman from Illinois the funding for support of the trigger allow research and development of a 40- (Mr. BLAGOJEVICH) for the purposes of lock investigative efforts. However, we foot vessel with night vision and entering into a colloquy. believe that locking up violent career stealth capability, and the manufactur- Mr. BLAGOJEVICH. Mr. Chairman, I criminals is an important objective, ing of two additional 27-foot vessels rise to engage in a colloquy with the and ATF can contribute significantly desperately needed in high-intensity gentleman from Arizona. to that effort. I, therefore, want to as- drug traffic areas. Mr. KOLBE. Mr. Chairman, will the sure the gentleman that we will work Such vessels could be put to use to gentleman yield? with him on ways to fund this require- test this concept in an operational con- Mr. BLAGOJEVICH. I yield to the ment when we do get to a conference text before any additional funding gentleman from Arizona. on this bill. might be sought. Too often the smug- Mr. KOLBE. Mr. Chairman, I am Mr. BLAGOJEVICH. Mr. Chairman, I glers have the tactical edge. We owe pleased to enter into a colloquy with would like to thank the chairman. He our agents the most sophisticated and the gentleman from Illinois. is a great chairman. The ranking mem- effective technology available for their Mr. BLAGOJEVICH. Mr. Chairman, ber is a great ranking member. Jeff safety and the success of their mission as the gentleman from Arizona knows, Ashford from the gentleman’s staff, on our behalf. the Violent Crime Coordinators Pro- Pat Schlueter from the ranking mem- I recognize that the subcommittee gram was organized under Public Law ber’s staff and Deanne Benos from my has produced a bill within very tight 103–322. This law provides that in the staff. H5580 CONGRESSIONAL RECORD — HOUSE July 15, 1998

Mr. KOLBE. Mr. Chairman, I reserve from New York (Mrs. LOWEY) included those priorities are included in the the balance of my time. in this bill and the Committee on Ap- final bill which gets brought to the Mr. HOYER. Mr. Chairman, I yield propriations adopted providing for floor this fall in a conference report. myself the balance of my time. women in the Federal service to have I am confident that we will have a I rise to say that in ending this gen- access to contraceptive services to pre- bill. I am confident we will have a bill eral debate, we ought to, again, lament clude unwanted pregnancies and, there- that can be generally supported by the fact that a large part of the work fore, abortions, which everybody wants Members on both sides of the aisle. I of this committee is, in my opinion, to do, will not be struck on a point of am confident we will have a bill that supported by the majority on both order and that at the very least we can will deal with the priorities that we sides. It is unfortunate that we have consider that by majority vote in this have established for law enforcement, gotten ourselves involved in a lot of po- House, which is not precluded by the for restructuring the Internal Revenue litical gamesmanship and that this rule, probably will not happen but is Service. I believe that those priorities rule will plunge us into seeing much of not precluded by the rule. will be dealt with. this bill stricken because, as I said, one I thank, again, the gentleman from Mr. Chairman, I will say that while I person can do that. Arizona (Mr. KOLBE) for his leadership, believe that tomorrow may be a Furthermore, we will not really his openness, and his positive attitude stormy day, the sun will come out on focus, I predict, during the course of and actions as we consider this bill. the other side of that day. And we will the consideration of this bill, on the Mr. Chairman, I yield back the bal- have legislation, we will have an appro- substance of this bill, which is funding ance of my time. priation that all of us can look with critical law enforcement, critical tax Mr. KOLBE. Mr. Chairman, I yield some pride on. collection and tax reform issues, criti- myself such time as I may consume. Mr. KUCINICH. Mr. Speaker, this rule cal building of facilities to confront I thank the gentleman from Mary- strikes the emergency funding appropriation the crime problem in America, critical land for his kind words and would echo related to the Year 2000 conversion of Federal programs to make sure that our elec- them back to him and tell him that I information technology systems. I must protest tions are fair, that people who are run- appreciate very much his cooperation this provision in the rule because of the sever- ning for election follow the rules and and the efforts that he has made this ity and potential impact of the Year 2000 prob- that we adequately fund those who we year and in the past year that I have lem. are assigned the purpose of overseeing been chairman of this subcommittee to I'd like to commend the work of Representa- those elections. help me craft a bill that I think has tive who is the Chairman of the It is unfortunate that as we consider been a good bill and one that can be Government, Management, Information and this bill we will focus on the elimi- supported by a majority on both sides Technology Subcommittee where I serve as nation of programs because they have of the aisle. ranking member. Mr. Horn has been a leader not been authorized, through no fault I come to this subcommittee with a on the Y2k issue long before anyone else. I of the Committee on Appropriations lot less knowledge than the ranking am pleased to be serving with him on the sub- and perhaps even through no fault of member has of these agencies that are committee on this issue. I'd also like to commend the Majority for the authorization committees, but the under the jurisdiction of this commit- paying special attention to the Y2k problem. fact is they have not been authorized. tee and he has been extraordinarily However, I'm concerned that if we delay the So many of the programs that the gen- helpful. Again, I want to thank his emergency appropriations for Y2k that we will tlewoman from Connecticut referenced, staff and the staff that is with me on not be giving the agencies the support they this side of the aisle for the work that which all of us know ultimately will be need to solve this problem. adopted, will be stricken from this bill. they have done. Last month, the U.S. Postal Service re- That is unfortunate, but the rule al- Mr. Chairman, as the ranking mem- leased their first progress report on fixing the lows that. ber said, tonight is the calm before the Y2k problem. The report was worrisome. Out In closing, I want to again congratu- storm. Tomorrow is not likely, when of 335 mission-critical systems, 210 need to late the chairman and thank the chair- we take this bill up again, to be quite be repaired, 59 need to be replaced, and only man, thank the staff on both sides of so easy in terms of the kinds of things 54 were Year 2000 compliant. The Postal the aisle, thank the members, the gen- that will happen to this bill tomorrow. Service needs their emergency appropriations tleman from North Carolina (Mr. As the gentlewoman from Connecti- as soon as possible. Imagine the disservice PRICE) and the gentlewoman from Flor- cut said, I hope that Members will ex- we are doing to the American people and ida (Mrs. MEEK) on my side, and the ercise as much restraint as possible, economy by not doing our best to make sure members on the other side for working but as the gentleman from Maryland their mail is delivered in a timely manner once together to try to adequately and ap- has pointed out, it takes only one January 1, 2000 is here. propriately fund agencies that are crit- Member out of 435 to strike most of the At the Treasury, the Financial Management ical to the continued success of this provisions of this bill, 80 percent of Service issues all the Social Security and country. which, sadly, have not been authorized other checks for the Government. Currently, We are fortunately experiencing one by the appropriate authorizing com- they have 5 systems that have not been com- of the longest, most successful eco- mittees. pletely assessed to see if they are Year 2000- nomic periods in the history of Amer- So I would only say that if this is compliant. Renovation of these systems is crit- ica. We clearly have not been the sole going to happen tomorrow, I will, al- ical if U.S. citizens are to receive their Social persons who have brought that about. though we will have to concede the Security checks in the Year 2000. In fact, what government has done has point of order, I will vigorously object The IRS is funded with this appropriations been only a portion and not the major- or urge Members not to make that bill and currently has 93 out of 243 information ity portion of that success. point of order. I would do so now in a technology systems fixed. That leaves 150 It has been the private sector, their general fashion and will tomorrow at systems to be fixed before the year 2000. If innovation, their enterprise, their in- the time that they make these points the U.S. Government is unable to collect taxes vestment that have brought about this of order. on January 1, 2000, this could have serious growth. But clearly, as I said in rela- Nonetheless, I would note for my col- consequences to the continued operation of tionship to the Y2K problem, the agen- leagues on both sides of the aisle that the Government. cies in this bill are critical partners in there will be another day for this bill. The Customs Service Year 2000 effort is that success. We will have an opportunity in the also funded under this bill. All three of Cus- This bill has a long way to go before conference committee with the Senate toms mission-critical systems need to be re- it becomes law. We will work together to craft, I think, again, a bill, using the paired and tested. One of them is the NCIC with the chairman and with the Mem- work that we have already done in the component of the Treasury Enforcement Com- bers of this committee in a bipartisan subcommittee and the full committee, munications System which is also used by the way to try to bring it to fruition suc- using that work to make sure that our FBI. NCIC is the Federal criminal database. cessfully. priorities that have been expressed by Not fixing these systems in a timely manner I want to regret that and hope that this House through the committee could affect the apprehension of smugglers the provision that the gentlewoman process, as it should be done, that come January 1, 2000. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5581 Alcohol, Tobacco, and Firearms is funded knowing that they have a safety net. As a re- The Clerk read the title of the bill. under this bill and needs to replace several of sult there is a cycle of debt and rescue, sub- GENERAL LEAVE their programs. The funds need to be there for sidized by U.S. taxpayers. It is outrageous for Mr. REDMOND. Mr. Speaker, I ask them to assure that the ATF can enforce the wealthy international financiers and industrial unanimous consent that all Members law come January 1, 2000. moguls in developing countries to be saved may have 5 legislative days in which to Removing the emergency appropriations for time and time again by the hard-working peo- revise and extend their remarks on Y2k from the Appropriations bill and setting up ple of America. H.R. 3731. a separate emergency spending measure Congress needs to have the power to con- The SPEAKER pro tempore (Mr. delays agency efforts at fixing the Y2k prob- trol the ESF so that lasting democratic re- GILCHREST). Is there objection to the lem. Also, a separate emergency appropria- gimes can be established and strengthened in request of the gentleman from New tions bill could contain unrelated objectionable countries benefiting from ESF funds. Under Mexico? amendments just as last year's flood relief bill the present system, the ESF guarantees the There was no objection. did. Politicizing Y2k emergency funds this way solvency of insolvent institutions and unjust The SPEAKER pro tempore. Is there trivializes the problem and threatens our readi- governments by continually bailing them out of objection to the initial request of the ness for the new millennium. crisis. The use of the ESF to support dictators gentleman from New Mexico? Mr. STARK. Mr. Chairman, I rise today in in countries like Indonesia makes it obvious There was no objection. support of the Sanders amendment to H.R. that Congress is needed to guarantee that the The Clerk read the bill, as follows: U.S. helps spread democracy and not corrup- 4104 which prohibits financial loans, guaran- H.R. 3731 tees, or other obligations from the Exchange tion around the world. Be it enacted by the Senate and House of Rep- Stabilization Fund (ESF) in the U.S. Treasury Mexico in 1995 is a case in point in the use of the ESF to support corruption. The Mexican resentatives of the United States of America in unless authorized by the U.S. Congress. Con- Congress assembled, gress must have a say in how billions of tax- government purchased more than $45 billion of bad debts from Mexican banks in 1995 with SECTION 1. FINDINGS. payer dollars are distributed worldwide. Under The Congress makes the following findings: the current system, the administration is given the aid of $12 billion in ESF loans. Despite (1) Congressman Steve Schiff represented a blank checkÐin the form of the ESFÐto promising to eventually hold borrowers liable the First Congressional District of New Mex- bailout failed economies in developing coun- for the debts, the government has perma- ico in Congress from 1988 to 1998 with honor tries. This blank check, however, has been nently absorbed the debt burden, agreeing to and distinction. used to support irresponsible, and undemo- rescue the very financial elites that control the (2) Mr. Schiff chaired the Subcommittee on Basic Research of the Committee on Science cratic international economic policy. Congress government. The likely result is that the $45 billion will be directly transferred from Mexican emphasizing protection and improvement of needs to gain leverage so that it can force the America’s economic and military strength administration to abandon short-sighted goals and American taxpayers to the politically and economically elite in Mexico, accentuating the into the 21st century through the support of and unequitable practices. a robust national science and technology in- The ESF has evolved from a fund with a class divisions that plague that society. Con- frastructure. specific mission to an unaccountable giant gress must have the power to insure that ESF (3) Mr. Schiff was a tireless advocate of fa- nourished by tax dollars. Created by President loans are not given to countries that perpet- cilitating the transfer of technologies devel- Roosevelt under the Gold Reserve Act, the uate corrupt political and economic regimes, oped at federally supported institutions into ESF was intended to be used to stabilize the such as Mexico. the commercial sector. ESF loans are part of a larger pattern of ir- (4) Mr. Schiff supported technology trans- exchange value of the dollar. The billions of responsibly short-sighted international financial fer efforts at Sandia National Laboratory, dollars recently taken from the fund to bailout bailouts subsidized by U.S. taxpayers. Cur- located in the First Congressional District of Asian countries and the $12 billion loan to rently members can voice their feelings about New Mexico, including its cooperative re- Mexico in 1995 fall way outside of the realm search and development programs, which funding for the IMF and other multilateral de- of the ESF's original mission. A fund that no have benefited the people of New Mexico and velopment banks. We deserve to also have longer fulfills its original Congressional direc- the Nation as a whole. our voice heard on the appropriation of billions tive must be made accountable once again. (5) Mr. Schiff’s contributions should be ac- of tax dollars to foreign countries through the In addition to serving a financial purpose, knowledged with a fitting tribute within the ESF. I strongly urge my colleagues to support district he so selflessly served. ESF loans symbolically demonstrate American the amendment. support for regimes, such as the Mexican re- SEC. 2. DESIGNATION. Mr. KOLBE. Mr. Chairman, I yield The auditorium located within the Sandia gime that was bailed out in 1995. Loans with back the balance of my time, and I Technology Transfer Center in Albuquerque, such international political and economic sig- move that the Committee do now rise. New Mexico, and known as Building 825, nificance should require more than just the The motion was agreed to. shall be known and designated as the ‘‘Steve Administration's backing. The ESF currently Accordingly the Committee rose; and Schiff Auditorium’’. has no direct accountability to the American the Speaker pro tempore (Mr. SEC. 3. REFERENCES. people. GILCHREST) having assumed the chair, Any reference in a law, map, regulation, It is unwise for these funds to be distributed Mr. DREIER, Chairman of the Commit- document, paper, or other record of the without Congressional approval. Each year on tee of the Whole House on the State of United States to the auditorium referred to this floor we debate appropriations worth mil- the Union, reported that that Commit- in section 2 shall be deemed to be a reference to the ‘‘Steve Schiff Auditorium’’. lions of dollars. We are shirking our respon- tee, having had under consideration sibility to the American people by accepting the bill (H.R. 4104) making appropria- The SPEAKER pro tempore. The gen- unilateral executive appropriation of billions of tions for the Treasury Department, the tleman from New Mexico (Mr. dollars every year from the ESF to developing United States Postal Service, the Exec- REDMOND) is recognized for 1 hour. countries. Congress needs to be able to voice utive Office of the President, and cer- Mr. REDMOND. Mr. Speaker, I yield the American people's concerns over the use tain Independent Agencies, for the fis- myself such time as I may consume. of the ESF. cal year ending September 30, 1999, and I rise today in support of H.R. 3731, a And Mr. Chairman, I have many concerns for other purposes, had come to no res- bill to designate the auditorium lo- over the projects that the ESF is currently sup- olution thereon. cated within the Sandia Technology porting. These concerns have a direct bearing f Transfer Center in Albuquerque, New on the lives of the hard-working people back Mexico as the ‘‘Steve Schiff Audito- in my district. STEVE SCHIFF AUDITORIUM rium.’’ ESF loans are part of an international tax Mr. REDMOND. Mr. Speaker, I ask It is a privilege to bring this bill to and transfer cycle that rescues irresponsible unanimous consent that the Commit- the floor today. This bill is a fitting risk-taking international banks at the expense tee on National Security be discharged tribute to the late Steve Schiff, who of American and foreign middle and lower-in- from further consideration of the bill represented New Mexico’s first congres- come taxpayers. The short-term economic re- (H.R. 3731) to designate the auditorium sional district, which includes Sandia covery promoted by ESF bailouts, not to men- located within the Sandia Technology National Laboratory, for nearly 10 tion U.S.-subsidized IMF structural adjustment, Transfer Center in Albuquerque, New years. ignores long-term economic and political insta- Mexico, as the ‘‘Steve Schiff Audito- As chairman of the Subcommittee on bility. Instead of learning to make more sound rium’’, and ask for its immediate con- Basic Research, Steve Schiff set a investments, banks continue to take risks sideration in the House. standard of commitment, furthering H5582 CONGRESSIONAL RECORD — HOUSE July 15, 1998 national science and technology. Nam- first Congressional District of New SAVE THE ‘‘E-RATE’’ ing the auditorium for Mr. Schiff me- Mexico (Ms. WILSON). (Mr. MCGOVERN asked and was morializes Steve and his legacy of sup- (Ms. WILSON asked and was given given permission to address the House port for the scientific community of permission to revise and extend her re- for 1 minute and to revise and extend New Mexico and the United States. marks.) his remarks, and include extraneous Steve Schiff lived a full life of achieve- Ms. WILSON. Mr. Speaker, it is a material.) ment that epitomized service to the real pleasure to rise in support of this Mr. MCGOVERN. Mr. Speaker, the local community and to the Nation at bill to rename the auditorium at the telecommunications industry is hold- large. Technology Transfer Center of the ing hostage the future of every single As a young man, Steve enlisted in Sandia National Laboratories the child in America. We all know our the Air Force and eventually became a Steve Schiff Auditorium. classrooms and libraries must be wired full colonel in the U.S. Air Force Re- The first time I met Steve Schiff was to the Internet for our children to have serve. about 3 weeks after I moved to New the skills to compete in the 21st cen- As a young attorney, he worked as an Mexico. We had a little reception at tury, but this must happen today if our assistant district attorney for our home for our wedding, and my hus- children are to become the leaders of Bernalillo County and ultimately rose band invited a friend of his from the tomorrow. Over half of all jobs in the to become the district attorney. Air National Guard named Steve future will require computer and net- Mr. Speaker, Steve Schiff had a long Schiff. He was humble, he was focused working skills. and admirable career in public service, on public service, he was a good and a The Telecommunications Act of 1996 and we have a number of our distin- great man, and it is often harder to be specifically provided such services to guished colleagues who would like to a good man than to be a great man. our schools and libraries at discount speak in tribute to Mr. Schiff. In 1994, when he was up for reelec- rates. Over 30,000 schools and libraries Mr. Speaker, I yield 4 minutes to the tion, he asked me to chair, or co-chair, have applied for this education rate, in- distinguished gentleman from New his finance committee, and I quickly cluding 59 from my own congressional Mexico (Mr. SKEEN), our senior Rep- understood that his asking me to chair district. Yet now, just as this impor- resentative. his finance committee had less to do tant program is getting off the ground, (Mr. SKEEN asked and was given per- with his needing my help than my the telecommunications industry, mission to revise and extend his re- needing his and his belief in steward- which has profited by billions of dollars marks.) ship of young people in this country from this act, is reneging on its part of Mr. SKEEN. Mr. Speaker, as Mem- and in the Republican Party in New the deal, with the full support of the bers know, our citizens of the great Mexico. Republican leadership of this House. State of New Mexico mourned the At that time, I went into his cam- It is shameful. We cannot let cor- death of Congressman Steve Schiff ear- paign headquarters and was signing porate greed put an end to this historic lier this year. Steve was one of the hundreds of letters to people who effort to meet a critical national need. most distinguished colleagues of this might donate to his campaign; and he I urge my colleagues to stand up on be- honorable body we proudly call the walked in and he said, ‘‘Well, Heather, half of our children and support the E- ‘‘people’s’’ House of Representatives. you know, you don’t need to sign all rate. Changing the name of the auditorium those letters yourself. If you hadn’t no- [From the School Board News, June 9, 1998] at Sandia Technology Transfer Center ticed, there are a lot of Steves around TO THE TELECOMMUNICATIONS INDUSTRY, CON- in Albuquerque, New Mexico to the here.’’ Well, the truth is that we all GRESS, AND THE FCC: DON’T PULL THE PLUG Steve Schiff Auditorium will provide know that there are not many Steves ON AMERICA’S CHILDREN New Mexicans and all who visit the around here. He was a unique and val- (By Anne L. Bryant) center with a continuing tribute to ued individual, an honored Member, When Congress was debating new tele- former Member, of this body, and I communications legislation a couple of years this great Congressman, Steve Schiff. ago, NSBA was there lobbying to make sure Steve was dedicated to his constitu- know all of us miss him dearly. the law included a plan so schools and librar- ents, and he worked hard to represent He was known for his humility and ies can afford to provide Internet access, dis- their interests in Congress. All of us re- also for his humor. He told many, tance learning, and other technologies. member Steve Schiff for caring so many stories about service in the pub- When the Federal Communications Com- much, for trying so hard and for doing lic interest; and he gave a good name mission (FCC) began drafting the regulations so much for his district, our State and to being a public servant. It is more to put the e-rate into effect, NSBA lobbyists country. difficult to be good than to be great, were there to make sure the e-rate would and Steve Schiff was an example to us provide a deep enough discount and to ensure As chairman of the House Committee that schools could use the discount for a on Science Subcommittee on Basic Re- all. wide variety of services with few limitations. search, Steve led efforts to improve the I would urge my colleagues to sup- NSBA and other education groups were Nation’s economic and military port this bill. key players in the FCC’s negotiations with strength into the 21s century through Mr. REDMOND. Mr. Speaker, I yield the telecommunications industry and utility the support of robust national science back the balance of my time. regulators to come up with a plan to finance The SPEAKER pro tempore (Mr. the e-rate that all parties agreed to. and technology infrastructure. And now that the e-rate is under attack, GILCHREST). Without objection, the Steve represented the first congres- NSBA is there, working with a coalition of sional district of New Mexico, which previous question is ordered. education groups, to make sure it is not held includes Sandia Laboratory. And as There was no objection. hostage in a ‘‘telecommunications war’’ as many of my colleagues know, Steve The SPEAKER pro tempore. The long distance and local phone companies was a leading advocate for the use and question is on engrossment and third fight over market share. transfer of technology developed at reading of the bill. Since NSBA and five other education federally supported institutions for use The bill was ordered to be engrossed groups launched the ‘‘Save the E-Rate Cam- and read a third time, and was read the paign’’ last month, school officials from in the private sector. across the country generated 10,000 letters to Naming this building in Steve third time. members of Congress, the FCC, and tele- Schiff’s honor is most appropriate to The SPEAKER pro tempore. The communications companies to support full recognize the memory of Steve and his question is on the passage of the bill. funding for the e-rate. contribution toward the enhancement The question was taken; and the Despite earlier statements from the FCC of our quality of life through his sup- Speaker pro tempore announced that that it would provide up to $2.25 billion a port of technology transfer. the yeas appeared to have it. year for the e-rate discounts, first-year fund- Mr. REDMOND. Mr. Speaker, on ing now is likely to be in the range of $1.75 I ask my colleagues to strongly sup- billion. port this bill. that, I demand the yeas and nays. Schools and libraries that have applied for The yeas and nays were ordered. b 2245 the e-rate have requested a total of $2.02 bil- The SPEAKER pro tempore. Pursu- lion, and the Schools and Libraries Corp. Mr. REDMOND. Mr. Speaker, I yield ant to clause 5, rule 1, further proceed- (SLC) is carefully reviewing all the applica- 4 minutes to the gentlewoman from the ings on this matter are postponed. tions to make sure that the discounts are July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5583 used for eligible costs. If there is not enough HOUSE OF REPRESENTATIVES, cess technology. Thank you in advance for money in the fund to finance all the applica- Washington, DC, June 9, 1998. your time and attention to this matter. We tions, FCC Chairman William Kennard says Hon. WILLIAM E. KENNARD, look forward to hearing from you in the very schools in poor and rural communities will Chairman, Federal Communications Commis- near future and to working with you to pro- get first priority. sion, Washington, DC mote the E-Rate program and the goals that Local school boards’ overwhelming support DEAR CHAIRMAN KENNARD: We are writing it aims to achieve. for the discounts underscores how crucial to you today to express our utmost concern Very truly yours, the e-rate is to ensure that our students can and support for the education rate (E-rate) RICHARD E. NEAL. be full participants in the Information Age. created by the Telecommunications Act of JOHN W. OLVER. Without the e-rate, the gap between the 1996. It is absolutely imperative that you, as JOE P. KENNEDY, II. Chairman of the F.C.C., work with your fel- technology haves and have nots will con- WILLIAM DELAHUNT. low Commissioners to implement the inten- tinue to grow. JIM P. MCGOVERN. tions of Congress regarding this initiative MARTY MEEHAN. The SLC received more than 30,000 applica- and ensure that the E-rate receives the com- JOE MOAKLEY. tions for the e-rate before the April 20 dead- prehensive funding that it has been prom- f line. These applicants have developed exten- ised. It is vital that you hear of the positive sive technology plans and have lined up local support that the E-Rate program has in Con- E-RATE PROGRAM PROVIDES HOPE funding sources to support their part of the gress, as well as the valuable and practical AND PROMISE TO STUDENTS bargain. They are counting on these dis- impact that the program will directly have AROUND THE COUNTRY counts to start July 1 so they can begin pro- in all of our communities. We urge you and viding services to the students they serve. the Commission to ensure that funds allo- (Mrs. CAPPS kasked and was given Just as this important program is getting cated to the E-rate meet the demand that permission to address the House for 1 off the ground, the telecommunications in- has already been demonstrated by schools minute and to revise and extend her re- dustry is backing off from its commitment and libraries in the 30,000 applications sub- marks and include extraneous mate- to contribute enough to the FCC’s Universal mitted thus far. rial.) Service Fund to pay for the discounts. Despite the adverse message that has been Mrs. CAPPS. Mr. Speaker, I rise relayed by a small number of Members of Certain long-distance telephone compa- today in support of the E-rate program, Congress, the E-rate has overwhelming en- nies—AT&T, MCI, and Sprint—are undermin- dorsement in the House, Senate, and in com- which provides hope and promise to ing the program by charging their customers munities nationwide. By creating the E- students, parents, and schools all over higher rates and blaming the increases on Rate, Congress clearly enumerated its com- this country. the e-rate. Other companies—SBC, mitment to guarantee that each child and I have here letters in support of the BellSouth, and GTE—have filed a lawsuit community have the tools necessary to be- School and Libraries Telecommuni- that, if successful, could destroy the e-rate come technologically capable of participat- cations Discount, and they are from program. ing in the global marketplace. The influx of school districts across the 22nd Con- The fact is, the Telecommunications Act of advanced technology in our society makes it gressional District of California. These 1996 cut the access fees the long distance car- imperative for our schools and libraries to letters clearly state the deep need that riers are charged to connect with local tele- have adequate technology with which to phone systems. These fees will be cut even teach the youth of our future. The E-Rate exists for these discounts and the further in July. program provides discounts to schools and li- losses which will be incurred if the pro- The savings from these fee reductions braries for a limited number of services. In- gram is repealed. would offset the long distance companies’ ternal wiring, one of the most integral en- Dr. Gale Tissier, the Santa Maria contributions to the Universal Service Fund deavors eligible for E-Rate discounts, would Bonita School District superintendent to finance the e-rate and also allow the com- enable countless local schools and libraries writes, ‘‘Without the E-rate, our com- panies to pass along the savings to cus- access to the information superhighway. munity will not be able to provide tomers. In addition, these companies, have The E-rate, financed through reductions in technology and Internet access for our the regulatory fees assessed to telephone the opportunity to make a profit by winning students and families.’’ contracts to serve schools and libraries. companies, is a positive and beneficial pro- gram which encourages the economic devel- In the small district of Shandon, Su- Despite earlier agreements, however, opment of infrastructure for both schools perintendent Summers states, ‘‘With- AT&T has raised its long distance rates, and and libraries. However, the uncertainty of out this program we will continue to now claims it won’t be able to contribute to such funding now becoming a reality greatly struggle with what little obsolete fa- the Universal Service Fund unless it adds a concerns us—the overall impact on Massa- surcharge to customers’ phone bills. cilities and equipment we currently chusetts would be devastating if E-Rate dis- have.’’ This ploy has gotten the attention of con- counts were not provided for the projects Funding of the E-rate was part of a sumer groups, who now have asked the FCC proposed statewide. The Massachusetts De- and Congress to delay implementation of the deal reached by Congress, the tele- partment of Education has begun the initial phone companies, schools and libraries e-rate until the issue of access charge reduc- implementation of a statewide dial-up Inter- tions is resolved. net access network for all Massachusetts as part of the Telecommunications Act A coalition that includes the Consumer educators. Though there are already over of 1996. I call on the phone companies Federation of America, Consumers Union, 20,000 educators who have registered for this to live up to this agreement and fund and groups representing business telephone service, without financial assistance through the program without burdening their users wrote to the FCC May 21 requesting an- the E-Rate program, thousands more will be customers. I call on Congress to sup- other $1 billion be cut annually from the ac- denied of a tremendous opportunity to access port the E-rate and prepare today’s cess charges. They claim that is the amount the Internet and ensure that they will be students for the challenges and the op- consumers are being asked to pay in unre- able to transfer information and techno- portunities of tomorrow. lated new line-item charges that began show- logical skills to their classrooms. Mr. Speaker, I include for the ing up on long-distance bills earlier this The negative publicity that has surrounded year. The groups want the e-rate to be halted the implementation of this program is dis- RECORD letters that I referred to in my until new fees are imposed to pay for it. tressing, and despite some naysayers, the remarks. That would be a grave mistake. The e-rate program has attained solid support from SANTA MARIA-BONITA SCHOOL DISTRICT, must not be delayed or reduced. The FCC and local communities, educators, students, and Santa Maria, CA, June 17, 1998. Congress should not break their promise at many businesses. This effort must not be Hon. LOIS CAPPS, the eleventh hour. compromised nor delayed by the potential House of Representatives, Longworth House Of- ongoing debates and criticisms that are fice Building, Washington, DC. We must not let the nation’s schools be fueled and based on misinformation. The DEAR CONGRESSWOMAN CAPPS: I am writing held hostage to policy disputes among var- message from local communities has been re- to ask your support for full funding of the ious sectors of the industry, government pol- soundingly clear—our students need to be ex- Schools and Libraries Discount Program icymakers and regulators, unrelated busi- posed to technology and have access to as that has been put in place as a result of the nesses, and consumer groups. Schools and li- much information as possible in order to be passage of the Telecommunications Act of braries—and the thousands of students, successful and to function in modern society. 1996. That program has come under attack in teachers, parents, and community members The E-Rate is a prime means by which the recent weeks. I am concerned that the tre- they serve—are consumers, too. federal government can offset, and often mendous opportunity it provides to help all There is a huge demand for the e-rate. Our times initiate, the inception of high tech in- students in America gain equal access to the children’s—and our nation’s—future requires frastructure in our schools and libraries. benefits of modern technology and the Inter- that our schools have access to the tele- We urge you to not impede or delay deci- net might be lost in the debate. communications services they will need to sions to grant many Massachusetts schools While the FCC has ordered funds for the succeed in the 21st century. and libraries with the funding needed to ac- support of this program to be collected, the H5584 CONGRESSIONAL RECORD — HOUSE July 15, 1998 amount to be collected is less than the uary 7, 1997, and under a previous order Mr. Speaker, the recent violence by amount that the program originally set as of the House, the following Members the Indonesian government against the being needed. It will also not cover all of the will be recognized for 5 minutes each. people of West Papua, New Guinea, is requests for the current funding cycle. This means that many projects will not be funded. f nothing new. It is part and parcel of The FCC has acted courageously in setting The SPEAKER pro tempore. Under a the long history of Indonesia’s oppres- even this funding amount in light of the ex- previous order of the House, the gentle- sion of the native Melanesian people of treme pressure exerted on it from the large woman from Kentucky (Mrs. NORTHUP) West Papua, New Guinea. TELCOs and other detractors of the pro- is recognized for 5 minutes. In 1961, the people of West Papua, gram. The TELCOs claimed need to add 5% (Mrs. NORTHUP addressed the New Guinea, with the assistance of to long distance rates to cover the costs of Holland and Australia, prepared to de- Universal Service has been blamed on the House. Her remarks will appear here- Schools and Libraries Discount program. In after in the Extensions of Remarks.) clare independence from its Dutch co- fact, only a little over one third of that f lonial master. This enraged Indonesia, which invaded West Papua, New Guin- amount (1.5%) would raise more than enough The SPEAKER pro tempore. Under a to fully fund the program. With the elimi- ea, and threatened war with Holland. previous order of the House, the gen- nation of local access charges starting in As a Cold War maneuver to counter So- tleman from Michigan (Mr. CONYERS) is July, the TELCOs will save much more than viet overtures for Indonesia to become that amount. recognized for 5 minutes. This is a landmark program that will help (Mr. CONYERS addressed the House. a member of the Communist block, the assure a brighter future for many students His remarks will appear hereafter in United States intervened in the West who otherwise will not be able to benefit the Extensions of Remarks.) Papua, New Guinea, issue. After the from the rich technology that can transform Dutch were advised that they could not f education in our country. Our community count on the support of the allies in a will not be able to provide technology and The SPEAKER pro tempore. Under a conflict with Indonesia, Holland seized Internet access for our students and families, previous order of the House, the gen- involvement with West Papua, New of which less than 20% now have access to tleman from Florida (Mr. MILLER) is computers and the Internet at home, with- Guinea’s, independence. Indonesia thus recognized for 5 minutes. took West Papua, New Guinea, in 1963, out this program. The school may be the (Mr. MILLER of Florida addressed only place that the next generation of work- suppressing the West Papua, New Guin- the House. His remarks will appear ers and consumers can get the training and ea, people’s dreams of freedom and self- hereafter in the Extensions of Re- experience they need to compete in the 21st determination. century job market. marks.) In 1969, a referendum called the ‘‘Act We ask for your support for the future of f our children and the full funding of the of Free Choice’’ was held to approve Schools and Libraries Discount Program. We The SPEAKER pro tempore. Under a the continued occupation by force of need a strong voice in this debate in favor of previous order of the House, the gen- West Papua, New Guinea, by Indonesia. the program. tleman from California (Mr. FILNER) is West Papuans called it the ‘‘Act of No Sincerely, recognized for 5 minutes. Choice’’. Listen to this, Mr. Speaker. GAIL M. TISSIER, (Mr. FILNER addressed the House. Only 1,025 delegates, hand picked by Superintendent. His remarks will appear hereafter in the Indonesian government, were al- the Extensions of Remarks.) lowed to vote, and bribery and threats SHADON UNIFIED SCHOOLS, f Shandon, CA, June 18, 1998. were used to influence them. The rest Hon. LOIS CAPPS, The SPEAKER pro tempore. Under a of the 800,000 citizens, the local, or the U.S. Congress, previous order of the House, the gen- indigenous Melanesians, the 800,000 San Luis Obispo, CA. tleman from Florida (Mr. DIAZ- West Papua, New Guineans, had no say DEAR CONGRESSWOMAN CAPPS: I want to ex- BALART) is recognized for 5 minutes. in the undemocratic process. Despite press my thanks to you for your fine work on (Mr. DIAZ-BALART addressed the calling for a one-person, one-vote ref- behalf of the schools and school children of San Luis Obispo County. We in Shandon House. His remarks will appear here- erendum, the United Nations recog- have been encouraged by the time you have after in the Extensions of Remarks.) nized the so-called vote. taken to listen our requests for relief from f Mr. Speaker, since Indonesia took some of the special problems of the smaller over West Papua, New Guinea, the na- districts in low income areas. INDONESIA’S HUMAN RIGHTS VIO- tive Melanesian people have suffered I am alarmed, though, after the wonderful LATIONS IN IRIAN JAYA/WEST under one of the most repressive and promise offered by the FCC ‘‘e-rate’’ process, PAPUA unjust systems of colonial occupation that there are those in the Congress that are working to dilute its value to us or to elimi- The SPEAKER pro tempore. Under a ever known in the 20th Century. The nate the program entirely. If there are those previous order of the House, the gen- Indonesian military has waged an on- who harbor doubts about the worth of this tleman from American Samoa (Mr. going war against the free Papuan program, I would love to have them visit my FALEOMAVAEGA) is recognized for 5 movement and their supporters since schools. minutes. the 1960s, and against the civilian pop- For Shandon children, this program will Mr. FALEOMAVAEGA. Mr. Speaker, ulace that has objected to Indonesia’s absolutely offer a chance for technological my remarks, in sharing these thoughts literacy on a par with school children in the plan for development in West Papua. most advantaged schools. Large numbers of with my colleagues, I have entitled In- An example of the latter are the thou- our families are at or near the poverty level, donesia’s Human Rights Violations to sands of killings associated with the and our district has no economies of scale. the People of the West Papua, New expansion of the Freeport copper and This program will allow us to acquire nearly Guinea. gold mines in West Papua, New Guinea. $200,000 worth of services, wiring, and equip- Mr. Speaker, many of our colleagues Incredible as it may seem, Mr. ment at less than one-fourth the cost. With- are familiar with Indonesia’s dismal Speaker, estimates are that between out this program, we will continue to strug- record of human rights violations in 100,000 to 300,000 indigenous West gle with what little obsolete facilities and East Timor. The abuses have been well equipment we currently have. Papua, New Guineans, have been killed Every one of my employees works very publicized and documented, especially or have simply vanished or disappeared hard to get the most out of what we have. the Dili massacre of 1991, where hun- from the face of the earth during Indo- Our students are motivated and eager to dreds of innocent Timorese were killed nesian colonization. Mr. Speaker, the learn. by government security forces. What depth and intensity of this conflict, Please, carry this message to your col- has not received much attention, Mr. spanning three decades, underscores leagues: Help me to help these people! Speaker, is the tragic story of the peo- Sincerely, the fact that the people of West Papua, ple of West Papua, New Guinea, or RICHARD L. SUMMERS, New Guinea, do not have common Superintendent. Irian Jaya, as the people of New Guin- bonds with nor accept being part of In- f ea have renamed that province. West donesia. Papua, New Guinea, borders the inde- The indigenous people of West Papua, SPECIAL ORDERS pendent nation of Papua, New Guinea, New Guinea, are racially, culturally The SPEAKER pro tempore. Under and forms the western half of the and ethnically different from the ma- the Speaker’s announced policy of Jan- world’s second largest island. jority of Indonesians. West Papuans July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5585 are Melanesians, Mr. Speaker, they are Although this provision is included the insurance industry and allow for not Indonesians. West Papuans prac- in the Patient’s Bill of Rights, support adequate enforcement of patient pro- tice Christianity. Indonesians practice for giving patients a legal mechanism tections. Islam, or the faith of Islam. West to hold HMOs accountable is hardly Giving patients the right to sue Papuans have a unique language and limited to Democrats in Congress. Fed- HMOs is an absolutely vital component culture which is distinct and different eral judges around the country are in- of managed care reform. The right to from the rest of Indonesia. creasingly frustrated by the Employee sue is the enforcement mechanism Mr. Speaker, to make matters worse, Retirement Income Security Act, or through which all the patient protec- the government of Indonesia has cho- ERISA law, which is the source of the tions we are advocating are to be pro- sen a policy of transmigration, or a problem. ERISA shields HMOs and in- tected. President Clinton summed it up unilateral forced settlements, where surance companies from being sued by best when he said the other day that ‘‘a hundreds of thousands of Indonesians patients. right without a remedy is not a right.’’ have now taken residence in the lands I would like to give some examples, The public’s support, Mr. Speaker, belonging to these 800,000 to 900,000 Mr. Speaker. Take the case, for exam- for true managed care reform I think West Papua, New Guineans, in their ple, of a Louisiana woman named Flor- has translated into an enormous own homelands. ence B. Corcoran. Miss Corcoran amount of support for the Patients’ Mr. Speaker, the tragic situation in brought suit against her HMO after her Bill of Rights, the Democratic pro- West Papua, New Guinea, greatly con- fetus died following the HMO’s refusal posal, which offers the most com- cerns me. With the recent shootings to hospitalize her for a high-risk preg- prehensive set of protections of any over the pro-independence demonstra- nancy. After the suit was thrown out, managed care reform bill in Congress tions in West Papua/Irian Jaya, I would the U.S. Court of Appeals for the fifth today. hope all my colleagues in the House circuit in New Orleans said the Cor- Currently, the Patients’ Bill of would join me in urging the Indonesian corans have no remedy for what may Rights has the support of over 175 pa- government to immediately stop these have been a serious mistake. tients, physicians, consumer medical and public health groups. It has 190 co- human rights violations and take steps b 2300 now to review the status of West sponsors in the House, including some Papua, New Guinea, as it should be, es- The court observed that the death of Republicans. pecially perhaps it should be consid- Mrs. Corcoran’s unborn child would Despite this groundswell of grass- ered as a non self-governing territory seem to warrant a reevaluation of roots support, the Republican leader- under the auspices of the United Na- ERISA so that it can continue to serve ship is still throwing up roadblocks to tions, similar to the territory of New its noble purpose of safeguarding the progress. Their are reports today that Caledonia, currently a colony of interests of employees. the Republican leadership may bring France. There are other courts around the its sham proposal directly to the floor country, other Federal courts, that f for a vote as early as next week. have also been critical of ERISA and This week, supporters of the Pa- The SPEAKER pro tempore. Under a the fact that patients cannot bring suit tients’ Bill of Rights will be working previous order of the House, the gen- against their HMOs. hard to gather support for the biparti- tleman from Ohio (Mr. STRICKLAND) is In Boston, Judge William C. Young of san Dingell-Ganske discharge petition, recognized for 5 minutes. the Federal court expressed his deep which was introduced before Congress (Mr. STRICKLAND addressed the concern by the failure of Congress to adjourned for the July 4 recess. This House. His remarks will appear here- amend the statute that due do the discharge petition would force the Re- after in the Extensions of Remarks.) changing realities of the modern health publican leadership to allow the Pa- f care system has gone conspicuously tients’ Bill of Rights to come to the awry. ‘‘It is deeply troubling,’’ Judge REPUBLICAN TASK FORCE TO RE- floor for a vote. The discharge petition Young said, ‘‘that in the health insur- will play a crucial role in ensuring LEASE LANGUAGE ON MANAGED ance context ERISA has evolved into a CARE REFORM BILL Members of this body are given the op- shield of immunity which thwarts the portunity to vote on the Patients’ Bill The SPEAKER pro tempore. Under a legitimate claims of the very people it of Rights if the Republicans bring their previous order of the House, the gen- was designed to protect.’’ sham proposal to the floor next week. tleman from New Jersey (Mr. PALLONE) I could give other examples. I will I think, Mr. Speaker, it is time that is recognized for 5 minutes. give one more, Mr. Speaker. In San we all took stock of the fact that if we Mr. PALLONE. Mr. Speaker, this Francisco, the U.S. Court of Appeals are going to pass patient protections, week the Republican health care task for the Ninth Circuit ruled just last and we certainly should, that it should force here in the House is supposed to month than an insurance company be patient protections that is real man- release the language for its so-called that denied Ms. Rhonda Bast from Se- aged care reform. managed care reform bill. And we know attle treatment for breast cancer. She f from what the task force has already had died from the disease. ‘‘This case released publicly that this bill will be a presents a tragic set of facts,’’ said MANAGED CARE REFORM farce, a cosmetic fix that lacks some of Judge David R. Thompson. ‘‘Without The SPEAKER pro tempore. Under a the most important patient protec- action by Congress,’’ he added, ‘‘there previous order of the House, the gen- tions. is nothing we can do to help the Basts tleman from Michigan (Mr. STUPAK) is Despite an avalanche of real-life ex- and others who may find themselves in recognized for 5 minutes. amples of people who have died because the same unfortunate situation.’’ Mr. STUPAK. Mr. Speaker, I would their HMOs refuse to approve needed I think that these examples clearly like to pick up a little bit on where the care, the Republican leadership has demonstrate the severity of the prob- gentleman from New Jersey (Mr. kowtowed to the insurance industry. lem. From coast to coast, Federal PALLONE) was talking about on man- The Republican plan will not allow pa- courts are forced to tell patients and aged care. tients to sue their HMOs when they are families of patients who have died that The leadership of the majority in denied needed care. they would like to help but cannot. both the House and the Senate have This weekend Senate majority leader The law does not allow for it. The law now finally entered into public discus- TRENT LOTT announced that Repub- does not allow for a patient to bring sions on trying to adopt a Patients’ licans in the Senate are following suit. suit effectively for damages against an Bill of Rights. And I think that is The Senate Republican bill will also HMO. great, because I think, as a country, deny patients the right to sue their And this, I would remind my col- American families are demanding that HMOs. Unlike the Republicans’ propos- leagues, is what the Republicans now we begin to deal with the inequities als, the Democrats’ patient bill of are ardently defending. No matter that we find in health maintenance or- rights would give patients the right to what the cost, the Republican leader- ganizations organizations and managed sue their HMOs. ship will not break its alliance with care plan. H5586 CONGRESSIONAL RECORD — HOUSE July 15, 1998 So I also think it is an important trying to give you the care, but sue the The SPEAKER pro tempore. Is there step that the Republican majority is insurance executive that denied you objection to the request of the gen- starting to engage finally in this con- the coverage for whatever treatment or tleman from Virginia? versation. And I think, as America has specialist you may need. There was no objection. the chance to look at the different What we try to do in the Democratic Mr. GOODLATTE. Mr. Speaker, I rise plans that are out there, they will plan is put back medicine where it be- this evening to speak in support of leg- clearly see that there is a choice. They longs, back with the doctor/patient. islation that I have introduced, called can choose the Republican majority The decisions on your health care the national right to work bill. This is plan, which really affirms the right of should be what is medically necessary a very short bill. In fact, I am very a patient to appeal to the health main- to help you overcome your illness or proud of the fact that it is on one piece tenance organization which denied disease, and that is where the doctor of paper. That is the entire bill, but it them their coverage. and the patient should make the deci- is a very important bill regarding pro- So I think that is an internal appeal sions. tecting the rights of all American citi- which falls really on deaf ears. I am And in the Democratic plan, all spe- zens. afraid that the majority plan does not cialists that are needed, that are medi- This legislation deals with the right have any real enforcement provisions cally necessary, are going to be covered of every individual in the country to and simply moves the appeal, if you underneath your managed care plan. decide for him or herself whether or will, internally within the HMO. And Unfortunately, in the parts that we not they want to join a labor union as I said earlier today, the denial of have seen of the Republican proposal, when they get a job or pay dues to a coverage would be moved up the man- only some specialists are covered, not labor union. agement ladder to a more fancier waste all of them. The issue is one that stems from paper basket. We lift the gag rule. A doctor can changes in the law made more than 60 Now if we take a look at the Demo- say, well, you may need this CAT scan, years ago. Prior to that time, every cratic plan, the plan that has been out and even though your plan does not American had the right to decide for there for a number of months, what we pay for it, I can refer you outside your themselves whether or not to join a see is the Democratic plan does provide plan for this specialty. Right now, labor union or pay dues to a union. for real enforcement of all the provi- many doctors are forbidden, under- That right was taken away by the Na- sions of the HMO that the consumer neath the contract they have signed tional Labor Relations Act in 1935. pay for will be entitled to receive. It with the managed care plan, not to So this is not an issue of States gives the patient the right to enforce even make referrals outside the plan rights. There are States today that all the provisions of their manage the that would cost the plan more money. have State right-to-work laws that are care plan. Therefore, there is what has always allowed under the Taft-Hartley Act That is why we need the Democratic been called a gag rule on the physi- which was adopted in 1948. This is leg- Patients’ Bill of Rights legislation. The cians. That would be lifted. islation that deals with overturning Democratic proposal reaches beyond So you can see, the Democratic plan, specific provisions of Federal law to re- the quick fix that is put forth by the in fact, I am looking at the National store to individuals all across this Republican majority, and the Demo- Journal of Congress Daily of June 25, country the right that they had prior cratic plan will give consumers a real just before we broke, and the proposal to that time. power in dealing with their HMO and was floated, GOP plan draws diverse b 2310 managed care plan. criticism. Even those that are support- And when we think about it, in man- ing the plan were criticizing the Re- Mr. Speaker, this Chamber has spent aged care and HMOs, we have the in- publican proposal because it provides the better part of this session discuss- surance executives determining what controversial proposals that would ing the need to reform misguided and their coverage will be or what they are make it easier for small businesses to counterproductive federal laws. We going to pay for, what will be covered band together and would escape State have made great strides toward reform- underneath the plan, what will not be benefit mandates, cap damages awards. ing the education and welfare systems covered. While you are trying to give the con- by taking the federal bureaucracy out Well, we Democrats happen to think sumer more power, the Republican plan and returning the focus back to indi- that is wrong. We believe in a doctor- actually took the power away from the viduals. We have taken a great step to- patient relationship, and that is why consumer, away from the medical pro- wards scrapping the counterproductive the American Medical Association and fession. Tax Code and allowing the American most of the medical and consumer So the Democrats, the insurers, the people to keep what they have earned groups have endorsed our plan. We be- consumer groups and even the Amer- and spend it as they see fit. lieve, as Democrats, that the doctor ican Medical Association all happen to Yet, Mr. Speaker, this Chamber has and the patient should make the deci- like H.R. 3605, which is the Patient’s remained almost silent on one of the sion, not what is in the fiscal interests Bill of Rights put forth by the gen- most abusive intrusions on individual of the managed care plan. tleman from Michigan (Mr. DINGELL). I liberties ever enacted by Congress. The Some of the other very positive as- would hope each and every Member passage of the National Labor Rela- pects of the Democratic plan also would take a chance, take a look at tions Act in 1935, some 63 years ago, makes for women, the OB/GYN can be this bill and support us with this legis- granted union officials a unique pack- your primary care physician; not a spe- lation. age of coercive powers and privileges at cialist, but could be your primary care f the expense of working Americans. physician and would be covered under- Foremost among these coercive pow- NATIONAL RIGHT TO WORK BILL neath your HMO. In the Democratic ers granted to union officials are mo- plan, when you have a true emergency, The SPEAKER pro tempore (Mr. nopoly bargaining, the power to force when you have an emergency, the clos- GILCHREST). Under the Speaker’s an- workers to accept representation they est emergency room, whether they nounced policy of January 7, 1997, the disagree with, and compulsory union- come underneath that HMO or not, gentleman from Virginia (Mr. GOOD- ism, the power to force independent must treat you. LATTE) is recognized for half the time workers to join or pay fees to unions as Of course, the enforcement that I until midnight, as the designee of the a condition of employment. Compul- have been speaking of, as the gen- majority leader. sory unionism and monopoly bargain- tleman from New Jersey (Mr. PALLONE) GENERAL LEAVE ing are contrary to the American tradi- mentioned, gives you, the patient, the Mr. GOODLATTE. Mr. Speaker, I ask tion of individual liberty and allow a right to make the enforcement process, unanimous consent that all Members tiny elite of union officials to wield and if that enforcement process says may have 5 legislative days in which to dictatorial power over millions of that you are denied coverage, you have advise and extend their remarks and working Americans. a right to then go into court and not include extraneous material on the Mr. Speaker, the National Labor Re- sue the hospital or the doctor who are subject of this special order. lations Act created a massive increase July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5587 in the federal government’s regulation of today’s system. What a contrast. I just want to take just a minute, if of and interference in labor relations. While Samuel Gompers spoke of the the gentleman will allow me, to sort of It is time for reform. The antidote to welfare and liberty of workers, today’s relate what we are doing and what we compulsory unionism is right to work, union officials and their supporters are have been doing for the last couple of the principle that Americans must concerned with maintaining their weeks in campaign finance reform and have the right, but not be compelled, power and strapping their members’ to how compulsory unionism affects peo- to join or financially support a labor the mast. ple’s right to participate in the politi- union. Mr. Speaker, the American worker cal process. I am a co-sponsor of this That is why I have sponsored H.R. 59, has the right to know where their Right to Work Act and would like, I the National Right to Work Act. H.R. elected representative in Congress personally would like, to see a floor 59 does not add one word to federal law, stands on the issue of compulsion ver- vote on this legislation. Nobody, no- it simply removes the forced union sus freedom. The American worker has body questions the right of labor dues provisions from the National the right to know whether their elect- unions to participate in our democ- Labor Relations Act and the Railway ed representative in Congress supports racy. We have all been targets of their Labor Act guaranteeing every Ameri- the liberty of workers or supports the advertising campaign, but so-called can’s right to work and decreasing Fed- government-endorsed policy of allow- campaign reform legislation that has eral intervention of labor policy. ing union officials to strap their mem- been authored by the gentleman from bers to the mast and hold their feet to Thomas Jefferson said it best: To Connecticut (Mr. SHAYS) and the gen- compel a man to furnish contributions the fire. It is clear where the American people tleman from Massachusetts (Mr. MEE- of money for the propagation of opin- stand. A poll conducted by Mason HAN) while restricting the first amend- ions which he disbelieves is sinful and Dixon shows that 76 percent of all ment rights of all Americans does not tyrannical. Americans support the individual deal with the root issue. The root issue This legislation is designed to cure is compulsory unionism that we are that limitation on the rights of all rights of workers to decide for them- selves, 76.6 percent support right to trying to get at. Americans that Congress passed 63 work, 17.1 percent support forced union The authors of Shays-Meehan legisla- years ago. Indeed, compulsory union- dues, 6.3 percent had no opinion in that tion like to claim that they have a pro- ism blots the American tradition of in- poll, and I might point out that the vision in the bill, for instance, that dividual liberty by stripping working vast majority of members of labor codifies the Beck decision to protect Americans of their right to join, or not unions in the United States support union workers from compulsory union- join, or financially support a labor right to work. And why would they ism, having their dues taken from union. This legislation in no way inter- not? It increases their ability to assure them and used in political activities feres with the right of individuals to that their union is responsive to their that they may not agree with. What form labor unions, to engage in collec- needs because, if they belong to a the authors of this bill fail to tell any- tive bargaining, indeed to strike under union and have the right to decide for one is that the way they drafted this current law. It simply gives the em- themselves whether they are going to provision does not even apply to union ployees the right to decide for them- leave the union or remain a member of workers, it applies to nonunion work- selves whether or not they want to the union, pay dues to the union or ers. join. not, that union leadership is going to b 2320 By forcing independent employees to be far more responsive to their needs join or pay fees to a union, big labor of- In other words, in a compulsory and their concerns because they know union State that does not have right- ficials have embraced collectivism that if they are not responsive to the based on coercion and have discarded to-work, one’s dues is taken and used needs of their members, those members not only for collective bargaining prac- individual liberty. And how did the de- can walk out, and that is the right that tices, but they are also used for politi- fenders of compulsory unionism justify every American should have. cal activities, even if one does not their beliefs? They do not. In fact, Just yesterday 500,000 petitions were union officials and their allies, who delivered to the United States capital agree with those political activities. support forced union dues, offer no from right to work supporters across How they disguise things all the time apologies at all. the country urging a vote on H.R. 59 around here and will try to disguise Robert Reich, former Secretary of this session. I urge my colleagues and what the gentleman is trying to do in Labor for President Clinton summed up the leadership to schedule a vote to bringing H.R. 59 to the floor is disguis- the sentiments of big labor when he free the independent-minded voters, ing it in such a way that says that we said: In order to maintain themselves, and I urge a vote on H.R. 59, the Na- are going to protect workers’ rights unions have to strap their members to tional Right to Work Act. and freedoms to decide whether they the mast. The only way unions can ex- At this time I am delighted that we are going to be involved in political ac- ercise countervailing power is to hold have been joined by the majority whip tivities or not, because we are going to their members’ feet to the fire. of the House of Representatives, the codify a decision by the Supreme Court Mr. Speaker, that statement speaks gentleman from Texas (Mr. DELAY) to of the United States; but at the same for itself. It goes against the very val- speak on this important issue. time they say, one has to resign from ues of the founders of the modern labor Mr. DELAY. Mr. Speaker, I really ap- the union in order to stop the union union movement. preciate the gentleman from Virginia from using one’s dues for political ac- And I point to this quote from Sam- (Mr. GOODLATTE) for bringing this spe- tivities. uel Gompers: Union officials long ago cial order. It is high time we started My question, number one, is what if abandoned the principles of Samuel talking about these issues, particularly one is in a compulsory union State and Gompers, the grandfather of the Amer- the issue of workers having the right one loses their job if one resigns from ican trade union movement and the to, the freedom, to pick whether they the union? So what the gentleman is founder of the American Federation of belong to a union or not. Compulsory bringing to the attention of the Amer- Labor who once said the workers of unionism is an archaic concept that no ican people and to this House is a bill America adhere to voluntary institu- longer belongs in the economy of the that basically gives the right of work- tions in preference to compulsory sys- United States, and it is being exempli- ers back to them. tems which are not only impractical, fied, quite frankly, in what is going on So, Mr. Speaker, this provision in but a menace to their welfare and their in the strikes in Michigan where we Shays-Meehan is a fig leaf that comes liberty. have people in Texas who are being laid woefully short of covering the problem. Mr. Speaker, compulsory systems are off because two different plants in The root problem is forced union dues a menace to the workers’ welfare and Michigan have decided to strike and authorized by Federal law. It is this co- to their liberty. That is what the the plants in Texas have no right; a ercive power that allows union officials grandfather of the American trade right-to-work State by the way, have to funnel union dues into their politi- union movement and founder of the no right to decide their fate when their cal machines without the consent of American Federation of Labor thought fate is being decided by the union. their memberships. Shays-Meehan, by H5588 CONGRESSIONAL RECORD — HOUSE July 15, 1998 amending the Labor Relations Act, will today we mean men and women, but b 2330 actually act to cement compulsory un- ‘‘to compel a man to furnish contribu- I am struck by the words of another ionism in place while failing to elimi- tions of money for the propagation of who served at the other end of Pennsyl- nate the many problems facing Ameri- opinions which he disbelieves is sinful vania avenue, and who went to foreign ca’s working men and women, and for and tyrannical,’’ and that is what we soil a decade ago. President Ronald these reasons alone, Shays-Meehan de- are faced with in this country for the Wilson Reagan stood clearly and bold- serves our opposition. last 63 years because of legislation ly, square in the jaws of tyranny, and But, Mr. Speaker, there is more. The passed a long time ago that is out- challenged the leader of the then So- curious wording of those that want to dated, certainly not in step with the viet Union to tear down a wall that protect compulsory unionism through vast majority of the American people came to symbolize oppression. even the Shays-Meehan campaign re- who support right-to-work, and we Mr. Gorbachev said, President form, so-called campaign reform, would need to pass this legislation. Reagan, tear down this wall. And, Mr. even authorize union officials to charge I am pleased that we have been Speaker, tonight, to my colleagues, to for political activities related to col- joined now by the gentleman from Ari- those who found it so seductive to strip lective bargaining, which union bosses zona (Mr. HAYWORTH), and we welcome Americans of a basic freedom of asso- him to this discussion. contend is just about everything they ciation, and thereby build a wall of Mr. HAYWORTH. Mr. Speaker, I do. compulsory coercive unionism, to them thank the gentleman from Virginia and Now, this provision not only is a per- we say, in the best traditions of free- version of the Beck decision, but it ig- our distinguished majority whip for taking time on the floor tonight, Mr. dom, Mr. Speaker, tear down this wall, nores the Beck decision’s holding that tear down this wall of compulsory un- workers may object to any dues pay- Speaker, to discuss this vital issue. I am proud to stand strongly and four- ionism, tear down the wall that Thom- ment for any union activities not di- as Jefferson would call sinful and ty- rectly related to collective bargaining square in support of one of America’s most fundamental rights: The right to rannical, because it moves to abridge activities. So if this language was the very basic rights of freedom of as- adopted, union officials would be able work. Mr. Speaker, Arizona’s favorite son sociation. It moves through coercion to force, force workers to pay 100 per- recently passed, and Barry Goldwater’s and through compulsory status to ex- cent of their dues to the unions. memory has been extolled by members tinguish the freedoms of association, So the language that the pro-union of both major political parties and and it moves against the basic fabric of people are trying to put forward, for all many others on the scene. Indeed, to- American society. practical purposes, destroys existing night I am reminded that Barry Gold- Hear clearly what I say. I heard it legal procedures that provide protec- water, Jr., the former Congressman from constituents in the Sixth District tion, albeit minimal protection, to from California, who returned to his of Arizona, given the fact that we workers who must pay union dues to native State of Arizona, and now, I am champion in this country political dis- work, must pay union dues to work. In pleased to say, a very good personal course, and give and take, and a free, other words, under this bill, these friend of mine, that on this date, Barry open debate. sponsors, whether intentional or not, Goldwater, Jr., celebrates an impor- Mr. Speaker, and those who join us would actually enlarge the scope of ex- tant birthday. But I must say, in all electronically far beyond these walls, I penses that union officials could charge sincerity, the plain-spoken, cannot tell Members the number of workers, and for independent-minded commonsensical ways of Barry Gold- times union members in Arizona would workers, passage of the Shays-Meehan water, Sr. were brought to bear in this come to me and say, I support you, but proposal is clearly a step backward and fight, in this endeavor as Arizona to keep my seat at the bargaining a major victory for big labor. clearly and unequivocally is a right-to- table, even though we live in a right- Only this bill, H.R. 59, would return a work State. to-work State, to avoid retribution I basic right to millions of Americans, a Said Senator Goldwater, quoting must support you silently. right that they should never have lost now, ‘‘I believe people have a right to What does that say about those in in the first place. The American work- join a union, but I also believe people our society who would have moved to er deserves more than just the right have a right not to join a union.’’ And abridge this most basic right? It cer- not to be forced to pay for political that simple two-sentence statement tainly calls not upon the best tradi- policies that they disagree with, they sums it up. tions American history has to offer, deserve the right not to be forced to In this Nation we have rights to free- and yet, tonight, this is that fun- pay dues or fees to a labor union just ly associate. How then could this gov- damental choice. That is why we are to keep or just to get a job. ernment move to abridge those rights pleased to rise in favor of the right to We are in America. If the unions of in the 1930s? It is sad, but truly a part work. America are viable representatives of of our history, that there have been That is why I am pleased that Ari- the workers of America, then they times when certain factions have zona, not only in the alphabet, begin- ought to be able to compete in the moved to consolidate political power in ning with A, leads the way, but Arizona marketplace just like anybody else, the attempt to ensure a permanent ma- shows the way, the youngest of the 48 and they should not have to have laws jority and abridge the rights of Amer- contiguous States, and yet at the fore- on the books that forces someone that ican citizens. front of championing the rights of may disagree with their practices to So tonight I remember the simple workers to freely associate with dif- belong to that union to keep or get eloquence of Barry Goldwater, Sr., ex- ferent groups. their job. That is what H.R. 59 is all tolling the virtues of that basic fun- I am pleased that every one of my about. It is giving freedom back to damental American freedom, not to the colleagues on the majority side from Americans when it has been taken detriment of unions or the collective Arizona joined me in sponsorship of the away from them. bargaining process, which as my col- legislation offered by the gentleman I thank the gentleman for holding league from Virginia pointed out was from Virginia. this Special Order. summed up in the message of one of Of course, there are other practical Mr. GOODLATTE. Mr. Speaker, I the great leaders of the American Fed- means beyond the most practical and thank the gentleman for his participa- eration of Labor, Samuel Gompers, to basic notion of freedom that commend tion. talk about voluntary institutions and this act. The simple notion of prosper- The gentleman is exactly correct how it was preferred that voluntary in- ity is also commended. The gentleman with regard to what this is all about. stitutions would work far better than from Virginia (Mr. GOODLATTE) is well Both political parties claim Thomas compulsory systems. Indeed, as my col- aware of the academic labors at George Jefferson and much of his philosophy league from Virginia pointed out ear- Mason University and the scholar as a part of their historic tradition, lier in this time, Gompers said those there, James T. Bennett, where, in his and certainly I from Virginia am very compulsory systems are not only im- study of a higher standard of living in proud of Thomas Jefferson. He said it practical, but a menace to their wel- right-to-work States, he illustrates best: ‘‘To compel a man,’’ and of course fare and to their liberty. how families in States like Arizona July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5589 enjoy a higher standard of living than the writings of Senator Sam Irvin and precious liberty that an individual can families who hail from States with what he had to say about the true no- have, and that is the right to decide for compulsory unionism. tion of negotiation; not all the other themselves what they are going to do According to the study of Mr. Ben- trappings and all the compulsory ad- with their life, whether when they get nett, the cost of living in the 21 right- denda to what is the central mission of a job, they are going to be required to to-work States is nearly 25 percent less the labor-management dynamic, but to pay dues or belong to something that than in the 29 compulsory unionism concentrate on what is really impor- they may or may not believe in. And States. Families in right-to-work tant. we take nothing away from those who States also have lower State and local It is a sad fact, as my colleague, the want to join labor unions, this does not tax burdens than compulsory unionism gentleman from Virginia, will attest, affect that in any way, to organize, to State families. It is what the scholar that even now there are those at the collectively bargain or even strike as calls a right-to-work boom. other end of Pennsylvania Avenue permitted under law. The average urban family living in a what would look to limit the choices I would like to point out that we right-to-work State has an after-tax even of this Federal Government. When have a number of press clippings that cost-of-living adjusted household in- it comes to competitive bidding, there under the unanimous consent order come of $36,540 dollars, almost $3,000 are those in this administration who previously given we would like to make more than a family in a forced union- have said that competitive bidding a part of the RECORD. And before I do ism State, because of the principle of should be open only to union shops. so, I would like to read from one of the free market working, where people Mr. Speaker, I ask Members to stop those from the Chattanooga Free Press can freely associate and have work and and think about that for just a second. of Chattanooga, Tennessee which not artificially inflated prices, either In addition, again, to abridging, to seg- wrote: in the public sector, through public regating the choices available in the One of the most basic human rights works, or in private works. work force, what would happen there that most assuredly should be pro- These are the fruits of honest labor, to carry that scenario to fruition tected in America is the right of men and this is what we come to the floor would mean billions upon billions of and women to work and earn a living to extoll, not in the fashion of a green dollars of extra costs to the American for themselves and their families with- eyeshade, but again, evoking the best taxpayer; indeed, the most conserv- out being forced to join or pay tribute of American traditions; again, evoking ative estimate I have seen is some $5 to anyone or anything. If an American the words and the memories of those billion in additional spending by the can be denied the right to work, what who have gone on before. taxpayers, simply to assuage the no- liberty remains? Yet in all but 21 of our Lest anyone mistake this as a ha- tion of those who would even move in States that have right to work laws, rangue against any one political party a greater way to force compulsory un- American citizens can be forced to join or the current liberal minority, I will ionism past the membership, already and pay dues to a labor union against not only call on the memory of Arizo- subverting the notion of free associa- their will or be denied jobs or be fired. na’s favorite son and the standard- tion, but to the point where this gov- That obviously is utterly wrong. bearer of my party in 1964, but I would ernment could not contract with non- Part of American freedom includes call upon the memory of another great union shops. the right of workers to join unions vol- Mr. Speaker, I will work and fight to member of the other body, the gen- untarily and to pay dues to them vol- maintain the rights of all companies to tleman from North Carolina, Senator untarily. But tyranny prevails if they freely bid, because in that way, in that Sam Irvin. are forced to join a union or any other way the best interests of the taxpayers In his book entitled ‘‘Preserving the organization and pay it involuntarily are preserved, and in that way the best Constitution,’’ Senator Irvin wrote, or be denied the right to earn self-sup- interests of this country is preserved. quoting now, ‘‘Right-to-work States re- Yet, my colleague, the gentleman port. We need a national right to work move the motive of the union to subor- from Virginia, brings it to the most law. It is as simple as that. No one dinate the interests of the employees simple and elemental fact here, be- to its wishes, and thus leaves it free to cause it deals with freedom of the indi- would tolerate a situation in which any conduct negotiations for the sole pur- vidual, because it deals with the clear, American would have to join a certain pose of obtaining an employment con- simple notion that we in this Congress church to work or join a certain lodge tract advantageous to the employees.’’ should undo the unfair power grab of or fraternal group to work. Why toler- So we can see even from that obser- those who succumbed to temptation in ate forced union membership to work? vation that one from the other side of the middle part of the 1930s; that we in Until a national right to work act is the aisle, if you will, talked about the fact should stand, as we are poised for passed, the basic philosophy of our true nature of collective bargaining, a new century, to reemphasize the Declaration of Independence and Con- the essence of collective bargaining, most basic of freedoms: freedom of as- stitution of the United States is being not the intervention in other areas. sociation, freedom in the marketplace, denied American citizens. This should The SPEAKER pro tempore (Mr. freedom for families, freedom from not be allowed to continue. GILCHREST). The time of the gentleman fear, and freedom to work; indeed, the Does the gentleman have any addi- from Virginia (Mr. GOODLATTE) has ex- right to work for all Americans for all tional remarks? Mr. HAYWORTH. Mr. Speaker, I just pired. The gentleman from Pennsyl- time. vania (Mr. KLINK) is not on the floor. Mr. GOODLATTE. I thank the gen- was struck by the eloquence of my col- Does the gentleman from Virginia (Mr. tleman for his remarks. I think he is league from Virginia, and I think, GOODLATTE) wish to claim the remain- particularly correct in pointing out again, he has pointed out quite cor- ing time until midnight? that Arizona and Virginia have led the rectly, but it bears some repeating, be- Mr. GOODLATTE. Mr. Speaker, we way with right-to-work laws, as al- cause we all realize sadly that there would claim the rest of the time until lowed under an exception to the Fed- are those who would attempt to delib- midnight, because we do have some ad- eral law that was created some time erately misunderstand or distort the ditional matters. after the right was taken away from all message we offer tonight. Again, the Mr. HAYWORTH. Mr. Chairman, will Americans to have right-to-work. message we offer is in the finest tradi- the gentleman yield? It is important to note that this is tion of freedom and individual self-de- Mr. GOODLATTE. I yield to the gen- not a States’ rights issue. I would point termination. tleman from Arizona. out to the gentleman, this entire bill, As my colleague from Virginia points Mr. HAYWORTH. Mr. Speaker, I and we complain about bills that are out, this is not an attempt to eliminate thank my colleague from Virginia, and thousands of pages long, this bill is on unions. This is not an attempt to de- I thank the Speaker pro tempore, the one piece of paper. stroy collective bargaining. This is not gentleman from Maryland, who man- an attempt to end anyone’s right to ages the proceedings of the House in a b 2340 strike. Those rights exist in a free soci- manner that behooves bipartisanship, All it does is repeal provisions of ety and will be maintained. But what as I call it, in the bipartisan fashion of Federal law that took away the most we are saying, Mr. Speaker, simply, H5590 CONGRESSIONAL RECORD — HOUSE July 15, 1998 clearly and we believe ultimately per- Again, let us stress, free and open de- Mr. PAUL. Mr. Speaker, I thank the gen- suasively to the American people is the bate is fine. If people voluntarily give tleman for yielding and for his leadership on fact that we want people to have the of their wages, that is a time-honored this important issue. I am pleased to have this right to decide for themselves when it tradition in the Constitution. That is opportunity to reiterate my strong support for comes to economic association, when it something we freely welcome, freedom the National Right to Work Act, HR 59. Unlike comes to making determinations about of speech, freedom of association. much of the legislation considered before this their economic future and freedom, and But when that crosses to compulsory, Congress, this bill expands freedom by repeal- how wrong it is to predicate the ac- coercive, accumulations of wealth by ing those sections of federal law that authorize ceptance of a job on compulsory mem- the labor bosses against the will of the compulsory unionism, laws that Congress had bership in a union. very working people they purport to no constitutional authority to enact in the first Again, the quarrel is not with those help, how sad and how cynical. And place! who would voluntarily join such an again, Mr. Speaker, amidst all the talk Since the problem of compulsory unionism union. That is the right of an Amer- of campaign finance reform, there is was created by Congress, only Congress can ican. But, again, we reaffirm that right this one fact that comes from 1996. In a solve it. While state Right to Work laws pro- in its true essence by saying, if you Rutgers University study, it is well vide some modicum of worker freedom, they want to belong to a union, well and documented that despite the reports of do not cover millions of workers on federal en- good. Join, be involved in that process. some $35 million used in an effort to in- claves, in the transportation industries, or on If you want to be involved politically fluence congressional elections, the ac- Indian Reservations. Contrary to the claims of in that union and have a portion of tual figures, according to the Rutgers Right to Work opponents, this bill in no way in- your earnings secured through some University study were these. Between fringes on state autonomy. I would remind my mechanism for union dues ultimately 300 million and a half a billion dollars colleagues that, prior to the passage of the to go to political expression, God bless was taken coercively from members of National Labor Relations Act, no state had a you, you should have that right. But unions to go into political campaigns law requiring workers to join a union or pay just because you have that right does in an attempt to change control in this union dues. Compulsory unionism was forced not mean you should abridge the rights Congress. on the people and the states when Congress of others and in some way step in and How much better for our constitu- nationalized labor policy in 1935. It strains subvert their abilities, A, either to join tional Republic had all those donations logic to suggest that repeal of any federal law the union or choose not to join the been freely given and freely accepted. is somehow a violation of states' rights. union or, B, once a member of the How much better for the rights of I would also like to take this opportunity to union, coercively force them to surren- workers would it be if they had the op- emphasize that this bill does not in any way der a portion of their paycheck and portunity to express this most basic of infringe on the rights of workers to voluntary union dues to go to political activities freedoms, the right to associate and, join or support a labor union or any other labor with which they may disagree. indeed, the right to work regardless of organization. Nothing in HR 59 interferes with Mr. GOODLATTE. Mr. Speaker, the the encumbrances of those who would the ability of a worker to organize, strike, or fact of the matter is that those union compel them into associations with support union political activity if those actions dues collected and used to influence which they might disagree. stem from a worker's choice. Furthermore, policy that individuals who are mem- This is something that must change nothing in HR 59 interferes with the internal bers of a union may not agree with or for freedom in its truest form to flour- affairs of unions. All the National Right to to influence political campaigns for ish, so that the give and take can be Work Bill does is stop the federal government candidates that they may not support, genuine, not coercive and for those who from forcing a worker to support a labor union would stand for true reform to end the that money is used all over the coun- against that worker's will. In a free society, the practice or the threat of this constitu- try. Even if you are in a right-to-work decision of whether or not to join a union tional Republic, as some would say, State, you are affected by forced com- should be made by the worker, not by the being sold to the highest bidder. That pulsory unionism in other States. That government. is what is at stake every 2 years in our is why we need to have a national right No wonder the overwhelming majority of the renewal and celebration of freedom at to work law. American people support the National Right to Mr. HAYWORTH. Indeed, as my col- the ballot box expressed in this institu- Work Act, as shown both by polling results league from Virginia accurately points tion, the most basic, the most respon- and by the many postcards and petitions my sive designed by our founders to be a out, in having lived through the experi- office has received asking for Congressional constitutional office absolutely be- ence firsthand in 1996, as the number action on this bill. holden to the people. How much better one target of boss John Sweeney and I once again thank the gentleman from Vir- it would be if the people were free to the other union bosses of the AFL-CIO, ginia for his leadership on this bill. truly express their opinions, their free Mr. DOOLITTLE. Mr. Speaker, Thomas Jef- who took from their membership com- associations without the specter of in- ferson said, ``To compel a man to furnish con- pulsory union dues used for the com- timidation or the specter of economic tributions of money for the propagation of mittee on political education, I can tell ruin for failing to belong to an organi- opinions in which he disbelieves is sinful and you, one of the real tragedies from my zation. tyrannical.'' vantage point was not the give and Mr. GOODLATTE. Mr. Speaker, I The House of Representatives has an op- take and the rough and tumble of pub- thank the gentleman for his participa- portunity to hold a historic vote on legislation lic discourse because, as Abraham Lin- tion. I would point out that just yester- to repeal those provisions of Federal law coln said, the American people, once day petitions signed by more than half which require employees to pay union dues or fully informed, will make the right de- a million American citizens were deliv- fees as a condition of employment. This vote cision. And I trust the people. No, the ered here at the Capitol from right to is long overdue for the working men and tragedy was this, Mr. Speaker, that work supporters all across the country, women of this country. that longshoreman in Maryland, or urging a vote on this important legisla- Nearly 80% of Americans share in the belief that lettuce picker in California or tion. that compulsory unionism violates a fun- that assembly line worker in Michigan I urge my colleagues in the leader- damental principle of individual liberty, the who knew nothing of the political dy- ship to schedule a vote to free inde- very principle upon which this Nation was namics of the sixth district of Arizona, pendent-minded workers who wish to founded. who had no direct stake in the political choose for themselves whether or not Compulsory unionism basically says that expression of the people of the sixth to belong to a labor union or pay dues workers cannot and should not decide for district of Arizona, yet found their to a labor union. Let them decide for themselves what is in their best interest, that wages against their will imported to themselves by passing into law the Na- they need a union boss to decide for them. I the State of Arizona to the tune of $2.1 tional Right to Work Act. I hope we can think of nothing more offensive to our core million for false television ads distort- have the opportunity to vote on this founding principles which we celebrated on ing my record. And we will see that, I legislation soon. the Fourth of July, a few days ago, than that dare say, again as we receive reports I thank the gentleman again for his principle that the working people of this coun- around the country that the same ac- participation and the majority whip try do not have the ability to decide for them- tivity continues. the gentleman from Texas (Mr. DeLay). selves. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5591 With this bill, not a single word is added to Rights is to place certain subjects beyond the Mr. RADANOVICH. Federal law. It simply repeals those sections reach of the majority . . . ones fundamental Mr. PORTMAN. of the National Labor Relations Act and Rail- rights wait for no election, they depend on no Mr. OXLEY. way Labor Act that authorizes the imposition vote.'' Mrs. ROUKEMA. of forced-dues contracts upon working Ameri- It is my sincere hope that my colleagues will Mr. RIGGS. cans. It simply does away with the require- join me in defending the fundamental individ- Mr. PAUL. ment that people have to belong to a union to ual liberty of the right to work and will support Mr. HUNTER. hold a job. this bill. Mr. FRELINGHUYSEN. I believe that every worker must have the f Mr. WOLF. right to join and financially support a labor Mr. COBLE. union if that is what they want to do. Every LEAVE OF ABSENCE (The following Members (at the re- worker should have the right, of his own free By unanimous consent, leaves of ab- quest of Mr. GOODLATTE) and to include will and accord, but he should not be coerced sence were granted to: extraneous material:) to pay union dues just to keep his job. This bill Mr. HILL (at the request of Mr. Ms. STABENOW. simply protects that right, and no worker would ARMEY) for today after 4 p.m. and the Mr. BALDACCI. ever be forced into union membership without balance of the week on account of med- Mr. SMITH of Texas. his consent. ical reasons. Mr. PARKER. Union membership should be a choice that Mr. MCNULTY (at the request of Mr. Mr. RIGGS. an individual makes based upon merits and GEPHARDT) for today and the balance of Mr. KENNEDY of Rhode Island. benefits offered by the union. If a union truly the week on account of medical rea- Mr. EDWARDS. benefits its members, they do not have to co- sons. Mr. HILLEARY. erce them. If workers had confidence in the Ms. SLAUGHTER (at the request of Mr. Mr. BONILLA. union leadership, if the union leadership was GEPHARDT) for today after 7:30 p.m. on Mr. UPTON. honest, upright, and forthright, then they would account of official business. f not need to coerce their members to join. A f union freely held together by common inter- OMISSION FROM THE CONGRES- ests and desires of those who voluntarily want SPECIAL ORDERS GRANTED SIONAL RECORD OF FRIDAY, JUNE 26, 1998 to be members would be a better union than By unanimous consent, permission to one in which members were forced to join. If address the House, following the legis- the National Right to Work Act is passed, lative program and any special orders SENATE ENROLLED BILL SIGNED nothing in Federal law will stop workers from heretofore entered, was granted to: joining a union, participating in union activity, (The following Members (at the re- The SPEAKER announced his signa- and paying union dues. quest of Mr. FALEOMAVAEGA) to revise ture to an enrolled bill of the Senate of Union officials who operate their organiza- and extend their remarks and include the following title: tions in a truly representative, honest, demo- extraneous material:) S. 2069. To permit the mineral leasing of cratic manner would find their ranks growing Mr. CONYERS, today, for 5 minutes. Indian land located within the Fort Berthold with volunteer members who are attracted by Indian reservation in any case in which there Mr. FILNER, today, for 5 minutes. service, benefits, and mutual interests, not be- is consent from a majority interest in the Mr. STUPAK, today, for 5 minutes. cause they are forced against their will with no parcel of land under consideration for lease. Mr. FALEOMAVAEGA, today, for 5 min- options to be a member of a union and pay utes. f union fees in order to hold a job. In addition, Mr. STRICKLAND, today, for 5 min- b 2350 voluntary union members would be more en- utes. thusiastic about union membership simply be- Mr. PALLONE, today, for 5 minutes. ADJOURNMENT cause they had the freedom to join and were (The following Members (at the re- Mr. HAYWORTH. Mr. Speaker, I not forced into it. quest of Ms. WILSON) to revise and ex- When Federal laws authorizing compulsory move that the House do now adjourn. tend their remarks and include extra- unionism are overturned, only then will work- The motion was agreed to; accord- neous material:) ing men and women be free to exercise fully ingly (at 11 o’clock and 50 minutes Ms. ROS-LEHTINEN, July 16, for 5 min- their right to work. When that time comes, p.m.), the House adjourned until to- utes. they will have the freedom to choose whether morrow, Thursday, July 16, 1998, at 10 Mr. DIAZ-BALART, today, for 5 min- they want to accept or reject union representa- a.m. utes. tion and union dues without facing coercion, f violence, and workplace harassment by over- f EXECUTIVE COMMUNICATIONS, bearing, and in many cases, disreputable EXTENSION OF REMARKS ETC. union bosses. A poll taken in 1995 indicates 8 out of 10 By unanimous consent, permission to Under clause 2 of rule XXIV, execu- Americans oppose compulsory unionismÐ8 revise and extend remarks was granted tive communications were taken from out of 10 Americans do not think you should to: the Speaker’s table and referred as fol- be forced to belong to a union to hold a job. (The following Members (at the re- lows: Mr. Speaker, some members of this Cham- quest of Mr. FALEOMAVAEGA) and to in- 9974. A letter from the Administrator, Ag- ber will say that this is a states rights issue clude extraneous material:) ricultural Marketing Service, Department of and since law allows states to pass Right to Mr. HAMILTON. Agriculture, transmitting the Department’s Work Laws there is not need for this legisla- Mr. KIND. final rule—Peanuts Marketed in the United tion. Mr. GEJDENSON. States; Relaxation of Handling Regulations Mr. FROST. [Docket Nos. FV97–997–1 FIR and FV97–998–1 Nothing could be further than the truth. First FIR] received June 29, 1998, pursuant to 5 Mrs. CAPPS. of all, Federal Law is the source of compul- U.S.C. 801(a)(1)(A); to the Committee on Ag- sory union. But more than that Mr. Speaker, Mr. LIPINSKI. riculture. Right to Work is about freedom. Mr. DOYLE. 9975. A letter from the Administrator, Ag- No governmental authority should endorse Mr. CONYERS. ricultural Marketing Service, Department of the right of a private organization to force Mr. SERRANO. Agriculture, transmitting the Department’s working men and women to pay dues or fees Mr. FAZIO of California. final rule—Revision of User Fees for 1998 as a condition of employment. Mr. FILNER. Crop Cotton Classification Services to Grow- Compulsory unionism is wrong on the fed- Mr. BLAGOJEVICH. ers [CN–98–004] received June 29, 1998, pursu- (The following Members (at the re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee eral level, compulsory unionism is wrong on on Agriculture. the state level and compulsory unionism is quest of Ms. WILSON) and to include ex- 9976. A letter from the Congressional Re- wrong on the local level. traneous material:) view Coordinator, Animal and Plant Health In the words of Supreme Court Justice Rob- Mr. GALLEGLY. Inspection Service, Department of Agri- ert Jackson ``The very purpose of the Bill of Mr. GILMAN. culture, transmitting the Department’s final H5592 CONGRESSIONAL RECORD — HOUSE July 15, 1998 rule—Animal Welfare; Primary Enclosures families, pursuant to 22 U.S.C. 3944(b)(2); to the Service’s final rule—Kerosene Tax; Avia- for Dogs and Cats [Docket No. 98–044–1] re- the Committee on International Relations. tion Fuel Tax; Tax on Heavy Trucks and ceived July 10, 1998, pursuant to 5 U.S.C. 9988. A letter from the Executive Director, Trailers [T.D. 8774] (RIN: 1545–AW15) received 801(a)(1)(A); to the Committee on Agri- Committee for Purchase from People Who June 29, 1998, pursuant to 5 U.S.C. culture. Are Blind or Severely Disabled, transmitting 801(a)(1)(A); to the Committee on Ways and 9977. A letter from the Assistant Secretary the Committee’s final rule—Additions to and Means. for Legislative Affairs, Department of State, Deletions from the Procurement List—re- 9999. A letter from the Chief, Regulations transmitting a report involving U.S. exports ceived July 10, 1998, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting to Venezuela, pursuant to 12 U.S.C. 801(a)(1)(A); to the Committee on Govern- the Service’s final rule—Magnetic Media Fil- 635(b)(3)(i); to the Committee on Banking ment Reform and Oversight. ing Requirements for Information Returns and Financial Services. 9989. A letter from the Executive Director, [TD 8772] (RIN: 1545–AU08) received June 29, 9978. A letter from the President and Committee For Purchase From People Who 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Chairman, Export-Import Bank of the United Are Blind Or Severely Disabled, transmitting Committee on Ways and Means. States, transmitting a report involving U.S. the Committee’s final rule—Procurement 10000. A letter from the Secretary of exports to Turkey, pursuant to 12 U.S.C. List; Additions—received July 2, 1998, pursu- Health and Human Services, transmitting 635(b)(3)(i); to the Committee on Banking ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s ‘‘Major’’ final rule—Medi- and Financial Services. on Government Reform and Oversight. care Program; Establishment of the Medi- 9979. A letter from the Assistant Secretary 9990. A letter from the Assistant Chief Fi- careChoice Program [HCFA–1030–IFC] (RIN: for Children and Families, Department of nancial Officer, Export-Import Bank, trans- 0938–AI29) received June 23, 1998, pursuant to Health and Human Services, transmitting mitting a report of activities under the Free- 5 U.S.C. 801(a)(1)(A); jointly to the Commit- the Department’s final rule—Head Start Pro- dom of Information Act from January 1, 1997 tees on Ways and Means and Commerce. gram (RIN: 0970–AB52) received July 10, 1998, to September 30, 1997, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 552(d); to the Committee on Government Re- f mittee on Education and the Workforce. form and Oversight. 9980. A letter from the Director, Regula- 9991. A letter from the Director, Office of REPORTS OF COMMITTEES ON tions Policy and Management Staff, Food Surface Mining Reclamation and Enforce- PUBLIC BILLS AND RESOLUTIONS and Drug Administration, transmitting the ment, Department of the Interior, transmit- Under clause 2 of rule XIII, reports of Administration’s final rule—Food Additives ting the Department’s final rule—Alabama Permitted for Direct Addition to Food for Regulatory Program [SPATS No. AL–065– committees were delivered to the Clerk Human Consumption; Acesulfame Potassium FOR] received June 29, 1998, pursuant to 5 for printing and reference to the proper [Docket No. 90F–0220] received July 13, 1998, U.S.C. 801(a)(1)(A); to the Committee on Re- calendar, as follows: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sources. Mr. STUMP: Committee on Veterans’ Af- mittee on Commerce. 9992. A letter from the Assistant Secretary, fairs. H.R. 3980. A bill to amend title 38, 9981. A letter from the Director, Regula- Land and Minerals Management, Depart- United States Code, to extend the authority tions Policy and Management Staff, Food ment of the Interior, transmitting the De- for the Secretary of Veterans Affairs to treat and Drug Administration, transmitting the partment’s final rule—Outer Continental illnesses of Persian Gulf War veterans, to Administration’s final rule—Food Additives Shelf Beaufort Sea Notice of Leasing Sys- provide authority to treat illnesses of veter- Permitted for Direct Addition to Foods for tems, Sale 170—received July 10, 1998, pursu- ans which may be attributable to future Human Consumption; Acesulfame Potassium ant to 5 U.S.C. 801(a)(1)(A); to the Committee combat service, and to revise the process for [Docket No. 93F–0286] received July 13, 1998, on Resources. determining priorities for research relative pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9993. A letter from the Acting Assistant to the health consequences of service in the mittee on Commerce. Secretary for Fish and Wildlife and Parks, Persian Gulf War, and for other purposes; 9982. A communication from the President Department of Interior, transmitting the De- with an amendment (Rept. 105–626). Referred of the United States, transmitting a report partment’s final rule—Transportation and to the Committee of the Whole House on the on the status of efforts to obtain Iraq’s com- Utility Systems In and Across, and Access State of the Union. pliance with the resolutions adopted by the Into, Conservation System Units in Alaska Mr. STUMP: Committee on Veterans’ Af- U.N. Security Council, pursuant to Public (RIN: 1093–AA07) received July 10, 1998, pur- fairs. H.R. 4110. A bill to provide a cost-of- Law 102—1, section 3 (105 Stat. 4); (H. Doc. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- living adjustment in rates of compensation No. 105—282); to the Committee on Inter- tee on Resources. paid to veterans with service-connected dis- national Relations and ordered to be printed. 9994. A letter from the Acting Director, Of- abilities, to make various improvements in 9983. A communication from the President fice of Sustainable Fisheries, National Oce- education, housing, and cemetery programs of the United States, transmitting a report anic and Atmospheric Administration, trans- of the Department of Veterans Affairs, and on developments concerning the national mitting the Administration’s final rule— for other purposes (Rept. 105–627). Referred emergency with respect to Libya that was Fisheries of the Exclusive Economic Zone to the Committee of the Whole House on the declared in Executive Order 12543 of January Off Alaska; Trawl Rockfish Fisheries in the State of the Union. 7, 1986, pursuant to 50 U.S.C. 1703(c); (H. Doc. Bering Sea and Aleutian Islands [Docket No. Mr. LINDER: Committee on Rules. House No. 105—284); to the Committee on Inter- 971208298–8055–02; I.D. 062498A] received July Resolution 501. Resolution providing for con- national Relations and ordered to be printed. 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to sideration of the bill (H.R. 4194) making ap- 9984. A letter from the Acting Director, De- the Committee on Resources. propriations for the Departments of Veter- fense Security Assistance Agency, transmit- 9995. A letter from the Director, Office of ans Affairs and Housing and Urban Develop- ting certification for the Memorandum of Sustainable Fisheries, National Oceanic and ment, and for sundry independent agencies, Understanding Between the U.S. France, the Atmospheric Administration, transmitting boards, commissions, corporations, and of- Netherlands and the United Kingdom for Re- the Administration’s final rule—Fisheries of fices for the fiscal year ending September 30, search, Development, Test, Evaluation, Pro- the Exclusive Economic Zone Off Alaska; 1999, and for other purposes (Rept. 105–628). ductions and Life Cycle Support Activities Pollock in Statistical Area 610 [Docket No. Referred to the House Calendar. for Technologies and Systems for Environ- 971208297–8054–02; I.D. 061898A] received June mentally Sound Ships and Naval Installa- 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to f tions Program, pursuant to 22 U.S.C. 2767(f); the Committee on Resources. to the Committee on International Rela- 9996. A letter from the Deputy Assistant TIME LIMITATION OF REFERRED tions. Administrator For Fisheries, National Oce- BILL 9985. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- for Legislative Affairs, Department of State, mitting the Administration’s final rule— Pursuant to clause 5 of rule X the fol- transmitting certification of a proposed li- Fisheries Off West Coast States and in the lowing action was taken by the Speak- cense for the export of defense articles or de- Western Pacific; Western Pacific Bottomfish er: fense services sold under a contract to Israel Fishery; Fishing Moratorium [Docket No. H.R. 3249. Referral to the Committee on and the United Kingdom (Transmittal No. 980319068–8155–02; I.D. 021998A] (RIN: 0648– Ways and Means extended for a period ending DTC–76–98), pursuant to 22 U.S.C. 2776(c); to AK59) received July 10, 1998, pursuant to 5 not later than July 17, 1998. the Committee on International Relations. U.S.C. 801(a)(1)(A); to the Committee on Re- 9986. A letter from the Assistant Secretary sources. f for Legislative Affairs, Department of State, 9997. A communication from the President transmitting notification that a reward has of the United States, transmitting an up- PUBLIC BILLS AND RESOLUTIONS been paid pursuant to 22 U.S.C. 2708(b); to the dated report concerning the emigration laws Under clause 5 of Rule X and clause 4 Committee on International Relations. and policies of Mongolia, pursuant to 19 of Rule XXII, public bills and resolu- 9987. A letter from the Assistant Secretary U.S.C. 2432(b); (H. Doc. No. 105—283); to the for Legislative Affairs, Department of State, Committee on Ways and Means and ordered tions were introduced and severally re- transmitting a report of political contribu- to be printed. ferred, as follows: tions by nominees as chiefs of mission, am- 9998. A letter from the Chief, Regulations By Mr. PAUL (for himself and Mr. bassadors at large, or ministers, and their Unit, Internal Revenue Service, transmitting BARR of Georgia): July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5593 H.R. 4217. A bill to repeal section 656 of the 1974 to establish liability for individuals By Mr. GALLEGLY (for himself and Illegal Immigration Reform and Immigrant practicing medicine without a license in con- Mr. ACKERMAN): Responsibility Act of 1996, and to prohibit nection with a group health plan; to the H. Res. 502. A resolution expressing the Federal agencies from accepting the same Committee on Education and the Workforce. sense of the House of Representatives con- identification document for identification- By Mr. MCINNIS: gratulating the people of Colombia for com- related purposes; to the Committee on Gov- H.R. 4226. A bill to establish a matching pleting free and democratic elections on ernment Reform and Oversight. grant program to help State and local juris- June 21, 1998, congratulating the President- By Mr. ANDREWS: dictions purchase bullet resistant equipment elect on his victory, and calling on the new H.R. 4218. A bill to provide rental assist- for use by law enforcement departments; to government and all other parties to the cur- ance under section 8 of the United States the Committee on the Judiciary. rent conflict in Colombia to renew their ef- Housing Act of 1937 in a manner that pre- By Mr. MENENDEZ: forts to end the guerrilla and paramilitary serves residential property values, protects H.R. 4227. A bill to amend the Comprehen- violence which continues to pose a serious residents, and enhances tenant and neighbor- threat to democracy as well as economic and hood safety; to the Committee on Banking sive Environmental Response, Compensa- tion, and Liability Act of 1980 concerning li- social stability in Colombia; to the Commit- and Financial Services. tee on International Relations. By Mr. BALDACCI (for himself, Mr. ability for the sale of certain facilities for residential use; referred to the Committee on ALLEN, Mr. HINCHEY, and Mr. SAND- f Commerce, and in addition to the Committee ERS): H.R. 4219. A bill to amend title XVIII of the on Transportation and Infrastructure, for a MEMORIALS Social Security Act to make certain changes period to be subsequently determined by the Speaker, in each case for consideration of Under clause 4 of rule XXII, memori- related to payments for graduate medical als were presented and referred as fol- education under the Medicare Program; to such provisions as fall within the jurisdic- the Committee on Ways and Means, and in tion of the committee concerned. lows: addition to the Committee on Commerce, for By Mr. NUSSLE: 374. The SPEAKER presented a memorial a period to be subsequently determined by H.R. 4228. A bill to amend title XVIII of the of the Senate of the State of Michigan, rel- the Speaker, in each case for consideration Social Security Act to provide an election ative to Senate Concurrent Resolution No. 72 of such provisions as fall within the jurisdic- for MedicareChoice organizations to exclude memorializing the Congress of the United tion of the committee concerned. payment for the provision of abortion serv- States to Take Certain Actions Regarding By Mrs. LINDA SMITH of Washington ices under the Medicare Program; referred to The Implementation Of The Food Quality (for herself, Mr. KILDEE, Mr. ED- the Committee on Ways and Means, and in Protection Act Of 1996; jointly to the Com- WARDS, and Ms. RIVERS): addition to the Committee on Commerce, for mittees on Agriculture and Commerce. H.R. 4220. A bill to amend title 38, United a period to be subsequently determined by f States Code, to repeal the recently enacted the Speaker, in each case for consideration provisions of law that limit the authority of of such provisions as fall within the jurisdic- ADDITIONAL SPONSORS the Department of Veterans Affairs to pro- tion of the committee concerned. vide compensation and treatment for smok- By Mr. PASCRELL (for himself, Mr. Under clause 4 of rule XXII, sponsors ing-related illnesses suffered by veterans of ANDREWS, and Mr. HOYER): were added to public bills and resolu- the Armed Forces; to the Committee on Vet- H.R. 4229. A bill to authorize a Federal tions as follows: erans’ Affairs, and in addition to the Com- grant program to local governments to bet- H.R. 27: Mr. SUNUNU. mittee on the Budget, for a period to be sub- ter enable them to protect public safety H.R. 40: Ms. CHRISTIAN-GREEN. sequently determined by the Speaker, in against fire and fire-related hazards; to the H.R. 339: Mr. SUNUNU. each case for consideration of such provi- Committee on Science. H.R. 372: Ms. DELAURO. sions as fall within the jurisdiction of the By Mr. RADANOVICH: H.R. 716: Mr. HOEKSTRA. committee concerned. H.R. 4230. A bill to provide for a land ex- H.R. 754: Mr. MANTON. By Mr. COBLE (for himself, Mr. FRANK change involving the El Portal Administra- H.R. 814: Ms. LEE and Ms. JACKSON-LEE. of Massachusetts, Mr. SENSEN- H.R. 857: Mrs. BONO and Mr. ADERHOLT. tive Site of the Department of the Interior in BRENNER, Mr. CANADY of Florida, and H.R. 1009: Mr. SESSIONS and Mr. PETERSON the State of California; to the Committee on Mr. CHABOT): of Pennsylvania. H.R. 4221. A bill to amend Rule 30 of the Resources. H.R. 1126: Mr. SMITH of Oregon, Mr. LEWIS Federal Rules of Civil Procedure to restore By Mr. ROTHMAN (for himself and Mr. of California, Mr. POSHARD, Mr. EDWARDS, the stenographic preference for recording MILLER of California): Ms. MCKINNEY, and Mr. STENHOLM. depositions; to the Committee on the Judici- H.R. 4231. A bill to require employers to H.R. 1140: Mr. MENENDEZ. ary. notify local emergency officials, under the H.R. 1147: Mr. TALENT. By Mr. COBURN (for himself, Mr. appropriate circumstances, of workplace H.R. 1231: Mr. KLINK, Mrs. MINK of Hawaii, STRICKLAND, Mr. NORWOOD, Mr. emergencies, and for other purposes; to the Mr. GOODLATTE, Ms. JACKSON-LEE, and Mr. GANSKE, Mr. BROWN of Ohio, and Mr. Committee on Education and the Workforce. GALLEGLY. ACKERMAN): By Mr. SCARBOROUGH (for himself, H.R. 1376: Mr. SHAYS. H.R. 4222. A bill to amend the Public Mr. ENSIGN, Mr. CHRISTENSEN, and H.R. 1407: Mr. HOSTETTLER. Health Service Act, Employee Retirement Mr. SKEEN): H.R. 1524: Mr. PASTOR. Income Security Act of 1974, and titles XVIII H.R. 4232. A bill to provide that Executive H.R. 1891: Mr. PAXON. and XIX of the Social Security Act to re- Order 13083, relating to the constitutional di- H.R. 2313: Mr. CRAMER. quire that group and individual health insur- vision of governmental responsibilities be- H.R. 2397: Mr. COYNE, Mr. RAHALL, Mr. ance coverage and group health plans and tween the Federal Government and the MALONEY of Connecticut, Mr. PALLONE, Mr. managed care plans under the Medicare and States and the application of federalism SCARBOROUGH, Mr. DUNCAN, Mr. PASCRELL, Medicaid Programs provide coverage for hos- principles to Federal agency actions, shall Ms. DANNER, and Mr. HALL of Ohio. H.R. 2483: Mr. MCINNIS, Mr. ROYCE, and Mr. pital lengths of stay as determined by the at- have no force or effect; to the Committee on CRAPO. tending health care provider in consultation the Judiciary. with the patient; referred to the Committee H.R. 2504: Mr. MCNULTY. By Mr. SCHUMER: H.R. 2523: Mr. COSTELLO. on Commerce, and in addition to the Com- H.R. 4233. A bill to amend title 18, United H.R. 2699: Mr. FORD, Ms. CHRISTIAN-GREEN, mittees on Education and the Workforce, States Code, to require the reporting of in- and Mr. KILDEE. and Ways and Means, for a period to be sub- formation to the chief law enforcement offi- H.R. 2800: Mr. NEY and Mr. SOUDER. sequently determined by the Speaker, in cer of the buyer’s residence and a minimum H.R. 2848: Mr. MARTINEZ and Mr. VENTO. each case for consideration of such provi- 72-hour waiting period before the purchase of H.R. 2891: Mr. PORTMAN. sions as fall within the jurisdiction of the a handgun; to the Committee on the Judici- H.R. 2914: Ms. LEE, Mr. MARTINEZ, Mr. committee concerned. ary. BISHOP, Ms. MCCARTHY of Missouri, Ms. By Mr. FAZIO of California: By Mr. WHITFIELD (for himself, Mr. HOOLEY of Oregon, and Mr. JACKSON. H.R. 4223. A bill to assist in the develop- BUNNING of Kentucky, Mr. STRICK- H.R. 2936: Mr. SHAYS and Mr. LEACH. ment and implementation of projects to pro- LAND, and Mr. BAESLER): H.R. 2955: Mr. MCGOVERN. vide for the control of drainage, storm, flood H.R. 3008: Mr. SNOWBARGER, Mr. GREEN, Mr. and other waters as part of water-related in- H.R. 4234. A bill to require the Secretary of Energy to submit to Congress a plan to en- HORN, Mr. NEY, and Mrs. CUBIN. tegrated resource management, environ- H.R. 3126: Mr. CLYBURN. sure that all amounts accrued on the books mental infrastructure, and resource protec- H.R. 3166: Mr. ISTOOK. of the United States Enrichment Corpora- tion and development projects in the Colusa H.R. 3205: Ms. CARSON, Mr. MARTINEZ, Mr. tion for the disposition of depleted uranium Basin Watershed, California; to the Commit- TURNER, Mr. BOEHLERT, Ms. NORTON, and Mr. hexafluoride will be used to treat and recycle tee on Resources. DUNCAN. By Mr. FROST: depleted uranium hexafluoride; referred to H.R. 3259: Mr. EVANS. H.R. 4224. A bill to ensure safety in public the Committee on Commerce, and in addi- H.R. 3262: Mr. CARDIN. schools by increasing police presence; to the tion to the Committee on the Budget, for a H.R. 3279: Mr. TOWNS and Mr. PASCRELL. Committee on the Judiciary. period to be subsequently determined by the H.R. 3342: Mrs. MINK of Hawaii and Mr. By Mr. KENNEDY of Rhode Island: Speaker, in each case for consideration of ACKERMAN. H.R. 4225. A bill to amend title I of the Em- such provisions as fall within the jurisdic- H.R. 3410: Mr. MCINNIS and Mr. BUNNING of ployee Retirement Income Security Act of tion of the committee concerned. Kentucky. H5594 CONGRESSIONAL RECORD — HOUSE July 15, 1998

H.R. 3506: Mr. PRICE of North Carolina, Mr. ENGLISH of Pennsylvania, Mr. PETERSON of H.R. 219: Ms. KILPATRICK. BERMAN, Mr. BROWN of Ohio, and Mr. Pennsylvania, Mr. MCDADE, Mr. GEKAS, and f DEUTSCH. Mr. PITTS. H.R. 3567: Mr. GOODE, Mr. RODRIGUEZ, Mr. H.R. 4003: Mr. BRADY of Pennsylvania, Mr. AMENDMENTS NEUMANN, and Mr. WALSH. BORSKI, Mr. KLINK, Mr. HOLDEN, Mr. WELDON Under clause 6 of rule XXIII, pro- of Pennsylvania, Mr. GREENWOOD, Mr. SHU- H.R. 3583: Mr. EHLERS and Mr. MANZULLO. posed amendments were submitted as H.R. 3605: Mr. FARR of California, Mr. KIND STER, Mr. KANJORSKI, Mr. MURTHA, Mr. FOX follows: of Wisconsin, and Mr. KENNEDY of Rhode Is- of Pennsylvania, Mr. COYNE, Mr. MCHALE, land. Mr. DOYLE, Mr. GOODLING, Mr. MASCARA, Mr. H.R. 4104 H.R. 3610: Mr. STRICKLAND, Mrs. CLAYTON, ENGLISH of Pennsylvania, Mr. PETERSON of OFFERED BY: MR. SAXTON Mr. ROGERS, Mr. SHUSTER, Mr. MICA, and Ms. Pennsylvania, Mr. MCDADE, Mr. GEKAS, and AMENDMENT NO. 18: Page 109, after line 24, STABENOW. Mr. PITTS. add the following: H.R. 3622: Mr. TOWNS and Mr. OWENS. H.R. 4018: Mr. POSHARD, Mr. PAYNE, Mr. SEC. 648. (a) EXCEPTION TO IMMUNITY FROM H.R. 3702: Mr. KENNEDY of Massachusetts LEVIN, Mr. MARTINEZ, Mr. RODRIGUEZ, and ATTACHMENT OR EXECUTION.—Section 1610 of and Mr. FILNER. Ms. DELAURO. title 28, United States Code, is amended by H.R. 3704: Mrs. LOWEY, Mr. GOODLATTE, and H.R. 4019: Mrs. MYRICK. adding at the end the following new sub- H.R. 4025: Mr. KENNEDY of Rhode Island. Mr. PICKETT. section: H.R. 4027: Mr. MURTHA, Mr. HALL of Ohio, H.R. 3731: Mr. HALL of Texas, Mr. COOKSEY, ‘‘(f)(1)(A) Notwithstanding any other provi- Mr. FROST, Mr. CALVERT, Mr. ABERCROMBIE, Mr. BEREUTER, Mr. WELDON of Pennsylvania, sion of law, including but not limited to sec- and Mr. COOK. tion 208(f) of the State Department Basic Au- Mr. WAMP, Mr. GUTKNECHT, and Mr. STUMP. H.R. 4028: Mr. YATES and Mr. ENGEL. H.R. 3782: Mr. KILDEE, Mr. KENNEDY of H.R. 4031: Mr. TOWNS. thorities Act (22 U.S.C. 4308(f)), and except as Rhode Island, and Mr. OLVER. H.R. 4037: Mr. TALENT, Mr. DOOLITTLE, Mr. provided in subparagraph (B), any property H.R. 3783: Mr. FOX of Pennsylvania, Mr. RAMSTAD, Mr. CALVERT, and Mr. ENGLISH of with respect to which financial transactions BURTON of Indiana, Mr. BARTON of Texas, Mr. Pennsylvania. are prohibited or regulated pursuant to sec- PITTS, Mr. LARGENT, and Mr. FRANKS of New H.R. 4086: Mrs. CLAYTON, Mr. SANDERS, Mr. tion 5(b) of the Trading with the Enemy Act Jersey. KLECZKA, Mr. ROMERO-BARCELO, Mrs. JOHN- (50 U.S.C. App. 5(b)), section 620(a) of the H.R. 3792: Mr. BARTON of Texas and Mr. SON of Connecticut, Ms. DELAURO, Mr. ACK- Foreign Assistance Act of 1961 (22 U.S.C. WELDON of Pennsylvania. ERMAN, Mr. KILDEE, Ms. DEGETTE, Mrs. 2370(a)), sections 202 and 203 of the Inter- H.R. 3821: Mr. INGLIS of South Carolina and CAPPS, Ms. JACKSON-LEE, Ms. EDDIE BERNICE national Emergency Economic Powers Act Mr. MANZULLO. JOHNSON of Texas, Mr. KENNEDY of Rhode Is- (50 U.S.C. 1701–1702), or any other proclama- H.R. 3831: Ms. SLAUGHTER, Ms. JACKSON- land, Mr. FROST, and Mr. LAMPSON. tion, order, regulation, or license issued pur- LEE, Mr. GUTIERREZ, Mr. GORDON, Mr. BROWN H.R. 4109: Mr. GREENWOOD, Mr. FATTAH, Mr. suant thereto, shall be subject to execution of California, Mr. STARK, and Mr. ENGEL. BRADY of Pennsylvania, Mr. WELDON of or attachment in aid of execution of any H.R. 3862: Ms. PRYCE of Ohio. Pennsylvania, and Mr. MCHALE. judgment relating to a claim for which a for- H.R. 3864: Mr. BUNNING of Kentucky, Mrs. H.R. 4110: Mr. COOKSEY, Mr. PASCRELL, Mr. eign state (including any agency or instru- NORTHUP, Mr. LEWIS of Kentucky, and Mr. OLVER, and Mr. SANDLIN. mentality of such State) is not immune BAESLER. H.R. 4121: Ms. ESHOO. under section 1605(a)(7). H.R. 4125: Mr. SAM JOHNSON, Mr. ENSIGN, H.R. 3875: Ms. LEE. ‘‘(B) Subparagraph (A) shall not apply if, Mrs. CUBIN, and Mr. CUNNINGHAM. H.R. 3888: Mr. NEY, and Mr. PETERSON of at the time the property is expropriated or H.R. 4131: Mr. WEYGAND. Minnesota. seized by the foreign state, the property has H.R. 4138: Ms. JACKSON-LEE, Ms. EDDIE H.R. 3939: Mr. BRADY of Pennsylvania, Mr. been held in title by a natural person or, if BERNICE JOHNSON of Texas, Mr. NEAL of Mas- BORSKI, Mr. KLINK, Mr. HOLDEN, Mr. WELDON held in trust, has been held for the benefit of sachusetts, Mr. YATES, Mr. SHERMAN, Mr. of Pennsylvania, Mr. GREENWOOD, Mr. SHU- a natural person or persons. WEXLER, Mr. ENGEL, Mr. FROST, Mr. RUSH, STER, Mr. KANJORSKI, Mr. MURTHA, Mr. FOX ‘‘(2)(A) At the request of any party in Mrs. MORELLA, and Mr. MCGOVERN. whose favor a judgment has been issued with of Pennsylvania, Mr. COYNE, Mr. MCHALE, H.R. 4149: Mr. HOSTETTLER and Mr. BOB respect to a claim for which the foreign state Mr. DOYLE, Mr. GOODLING, Mr. MASCARA, Mr. SCHAFFER. is not immune under section 1605(a)(7), the ENGLISH of Pennsylvania, Mr. PETERSON of H.R. 4152: Mr. ACKERMAN, Mr. ADAM SMITH Secretary of the Treasury and the Secretary Pennsylvania, Mr. MCDADE, Mr. GEKAS, and of Washington, Mr. OBERSTAR, and Mr. of State shall fully, promptly, and effec- Mr. PITTS. KLECZKA. H.R. 3949: Mr. BONILLA, Mr. PETRI, Mr. H.R. 4167: Mr. HUTCHINSON. tively assist any judgment creditor or any HILLEARY, Mr. GOODLATTE, Mr. BRYANT, Mr. H.R. 4184: Mr. LAMPSON and Ms. KIL- court that has issued any such judgment in CHAMBLISS, Mr. PAUL, and Mr. BARTON of PATRICK. identifying, locating, and executing against Texas. H.R. 4185: Mr. LAMPSON and Ms. KIL- the property of that foreign state or any H.R. 3980: Ms. RIVERS, and Mr. NEAL of PATRICK. agency or instrumentality of such State. Massachusetts. H.R. 4196: Mr. SKEEN, Mr. DEAL of Georgia, ‘‘(B) In providing such assistance, the Sec- retaries— H.R. 3999: Mr. BRADY of Pennsylvania, Mr. Mr. CHAMBLISS, Mr. BALLENGER, Mr. STUMP, ‘‘(i) may provide such information to the BORSKI, Mr. KLINK, Mr. HOLDEN, Mr. WELDON Mr. PETERSON of Pennsylvania, Mr. PAUL, Mr. BARTON of Texas, and Mr. BARTLETT of court under seal; and of Pennsylvania, Mr. GREENWOOD, Mr. SHU- Maryland. ‘‘(ii) shall provide the information in a STER, Mr. KANJORSKI, Mr. MURTHA, Mr. FOX H.R. 4197: Mr. COLLINS, Mr. HOSTETTLER, manner sufficient to allow the court to di- of Pennsylvania, Mr. COYNE, Mr. MCHALE, Mr. LARGENT, and Mr. BARTLETT of Mary- rect the United States Marshall’s office to Mr. DOYLE, Mr. GOODLING, Mr. MASCARA, Mr. land. promptly and effectively execute against ENGLISH of Pennsylvania, Mr. PETERSON of H.R. 4214: Mr. LEVIN, Mr. KLECZKA, and Mr. that property.’’. Pennsylvania, Mr. MCDADE, Mr. GEKAS, and SANDERS. (b) CONFORMING AMENDMENT.—Section 1606 Mr. PITTS. H.J. Res. 72: Mr. SHAYS. of title 28, United States Code, is amended by H.R. 4000: Mr. BRADY of Pennsylvania, Mr. H.J. Res. 124: Mr. FRANKS of New Jersey. inserting after ‘‘punitive damages’’ the fol- BORSKI, Mr. KLINK, Mr. HOLDEN, Mr. WELDON H. Con. Res. 55: Mrs. BONO and Mr. HEFLEY. lowing: ‘‘, except in any action under section of Pennsylvania, Mr. GREENWOOD, Mr. SHU- H. Con. Res. 65: Mr. FOSSELLA. 1605(a)(7) or 1610(f)’’. STER, Mr. KANJORSKI, Mr. MURTHA, Mr. FOX H. Con. Res. 236: Mr. SCARBOROUGH. (c) EFFECTIVE DATE.—The amendments H. Con. Res. 239: Mr. RUSH and Mrs. of Pennsylvania, Mr. COYNE, Mr. MCHALE, made by subsections (a) and (b) shall apply MORELLA. Mr. DOYLE, Mr. GOODLING, Mr. MASCARA, Mr. to any claim for which a foreign state is not ENGLISH of Pennsylvania, Mr. PETERSON of H. Con. Res. 296: Mr. WEYGAND and Mr. ORAN immune under section 1605(a)(7) of title 28, Pennsylvania, Mr. MCDADE, Mr. GEKAS, and M of Virginia. H. Res. 37: Ms. JACKSON-LEE, Mr. KAN- United States Code, arising before, on, or Mr. PITTS. JORSKI, Ms. HARMAN, Mr. KLINK, Mr. OBEY, after the date of enactment of this Act. H.R. 4001: Mr. BRADY of Pennsylvania, Mr. Mr. ROEMER, Mr. TANNER, Mr. BISHOP, Mr. H.R. 4104 BORSKI, Mr. KLINK, Mr. HOLDEN, Mr. WELDON DEUTSCH, Mr. FRANKS of New Jersey, and Mr. FFERED Y R NOWBARGER of Pennsylvania, Mr. GREENWOOD, Mr. SHU- O B : M . S HALL of Ohio. STER, Mr. KANJORSKI, Mr. MURTHA, Mr. FOX AMENDMENT NO. 19: Page 39, line 13, insert H. Res. 460: Mr. KUCINICH, Mr. DEUTSCH, of Pennsylvania, Mr. COYNE, Mr. MCHALE, after ‘‘$33,700,000’’ the following: ‘‘(increased Mr. TORRES, Mr. SHERMAN, Mr. SANDLIN, Mr. Mr. DOYLE, Mr. GOODLING, Mr. MASCARA, Mr. by $2,800,000)’’. PASCRELL, Mr. ROTHMAN, and Mrs. MCCAR- ENGLISH of Pennsylvania, Mr. PETERSON of Page 41, line 22, insert after ‘‘$5,626,928,000’’ THY of New York. Pennsylvania, Mr. MCDADE, Mr. GEKAS, and the following: ‘‘(reduced by $2,800,000)’’. f Page 46, line 21, insert after ‘‘$2,583,261,000’’ Mr. PITTS. the following: ‘‘(reduced by $2,800,000)’’. H.R. 4002: Mr. BRADY of Pennsylvania, Mr. DELETIONS OF SPONSORS FROM H.R. 4193 BORSKI, Mr. KLINK, Mr. HOLDEN, Mr. WELDON PUBLIC BILLS AND RESOLUTIONS of Pennsylvania, Mr. GREENWOOD, Mr. SHU- OFFERED BY: MR. DEFAZIO STER, Mr. KANJORSKI, Mr. MURTHA, Mr. FOX Under clause 4 of rule XXII, sponsors AMENDMENT NO. 2: Page 107, beginning at of Pennsylvania, Mr. COYNE, Mr. MCHALE, were deleted from public bills and reso- line 19, strike section 328 (and redesignate Mr. DOYLE, Mr. GOODLING, Mr. MASCARA, Mr. lutions as follows: the subsequent sections accordingly). July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5595 H.R. 4193 Sec. 1104. Determination of adjusted income Sec. 1302. Contracts with PHA’s. OFFERED BY: MR. RIGGS and median income. Sec. 1303. Eligibility of PHA’s for assistance Sec. 1105. Community work and family self- amounts. AMENDMENT NO. 3: At the end of the bill be- Sec. 1304. Allocation of amounts. fore the short title insert: sufficiency requirements. Sec. 1106. Local housing management plans. Sec. 1305. Administrative fees. SEC. . If the State of California has not Sec. 1306. Authorizations of appropriations. made available $130,000,000 by October 1, 1998, Sec. 1107. Review of plans. Sec. 1307. Conversion of section 8 assistance. for the acquisition of lands in the Head- Sec. 1108. Reporting requirements. Sec. 1308. Recapture and reuse of annual waters National Forest and other lands in Sec. 1109. Pet ownership. contract project reserves under Humboldt County, California, as required by Sec. 1110. Administrative grievance proce- choice-based housing assistance section 501(b)(1) of title V of Public Law 105– dure. and section 8 tenant-based as- 83, the $250,000,000 made available by such Sec. 1111. Headquarters reserve fund. Sec. 1112. Labor standards. sistance programs. title V from the Land and Water Conserva- Sec. 1113. Nondiscrimination. tion Fund for purposes of such land acquisi- Subtitle B—Choice-Based Housing Sec. 1114. Prohibition on use of funds. tion shall cease to be available for the pur- Assistance for Eligible Families Sec. 1115. Inapplicability to Indian housing. poses of such title V and shall be available Sec. 1321. Eligible families and preferences Sec. 1116. Regulations. only for maintenance and improvement of for assistance. national park system units and $50,000,000 of TITLE XII—PUBLIC HOUSING Sec. 1322. Resident contribution. such $250,000,000 amount may only be used Subtitle A—Block Grants Sec. 1323. Rental indicators. for maintenance and improvement of na- Sec. 1201. Block grant contracts. Sec. 1324. Lease terms. tional park system units that contain civil Sec. 1202. Grant authority, amount, and eli- Sec. 1325. Termination of tenancy. war sites. gibility. Sec. 1326. Eligible owners. H.R. 4193 Sec. 1203. Eligible and required activities. Sec. 1327. Selection of dwelling units. Sec. 1328. Eligible dwelling units. OFFERED BY: MR. RIGGS Sec. 1204. Determination of grant allocation. Sec. 1205. Sanctions for improper use of Sec. 1329. Homeownership option. AMENDMENT NO. 4: At the end of the bill be- amounts. Sec. 1330. Assistance for rental of manufac- fore the short title insert: tured homes. Subtitle B—Admissions and Occupancy SEC. XX. None of the funds appropriated or Subtitle C—Payment of Housing Assistance Requirements otherwise made available by this Act shall on Behalf of Assisted Families be used to pay the salaries and expenses of Sec. 1221. Low-income housing requirement. Sec. 1351. Housing assistance payments con- personnel to carry out the acquisition of Sec. 1222. Family eligibility. tracts. lands under section 501 of Public law 105–83 Sec. 1223. Preferences for occupancy. Sec. 1352. Amount of monthly assistance unless, prior to October 1, 1998, the State of Sec. 1224. Admission procedures. payment. California has provided the contribution re- Sec. 1225. Family choice of rental payment. Sec. 1353. Payment standards. quired under such section 501. Sec. 1226. Lease requirements. Sec. 1354. Reasonable rents. H.R. 4193 Sec. 1227. Designated housing for elderly and Sec. 1355. Prohibition of assistance for va- OFFERED BY: MR. RIGGS disabled families. cant rental units. AMENDMENT NO. 5: At the end of the bill be- Subtitle C—Management Subtitle D—General and Miscellaneous fore the short title insert: Sec. 1231. Management procedures. Provisions SEC. XX. None of the funds appropriated or Sec. 1232. Housing quality requirements. Sec. 1371. Definitions. otherwise made available by this Act shall Sec. 1233. Employment of residents. Sec. 1372. Rental assistance fraud recoveries. be used to pay the salaries and expenses of Sec. 1234. Resident councils and resident Sec. 1373. Study regarding geographic con- personnel to carry out the acquisition of management corporations. centration of assisted families. lands under section 501 of Public law 105–83. Sec. 1235. Management by resident manage- Sec. 1374. Study regarding rental assistance. ment corporation. H.R. 4193 TITLE XIV—HOME RULE FLEXIBLE Sec. 1236. Transfer of management of certain OFFERED BY: MR. SANDERS GRANT OPTION housing to independent man- AMENDMENT NO. 6. In the item relating to ager at request of residents. Sec. 1401. Purpose. ‘‘DEPARTMENT OF THE INTERIOR—BU- Sec. 1237. Resident opportunity program. Sec. 1402. Flexible grant program. REAU OF LAND MANAGEMENT—PAYMENTS IN Sec. 1403. Covered housing assistance. LIEU OF TAXES’’, after the first dollar Subtitle D—Homeownership Sec. 1404. Program requirements. amount, insert the following: ‘‘(increased by Sec. 1251. Resident homeownership pro- Sec. 1405. Applicability of certain provi- $20,000,000)’’. grams. sions. In the item relating to ‘‘DEPARTMENT Subtitle E—Disposition, Demolition, and Sec. 1406. Application. OF ENERGY—FOSSIL ENERGY RESEARCH AND Revitalization of Developments Sec. 1407. Training. DEVELOPMENT’’, after the dollar amount, in- Sec. 1261. Requirements for demolition and Sec. 1408. Accountability. sert the following: ‘‘(reduced by $50,000,000)’’. Sec. 1409. Definitions. disposition of developments. H.R. 4194 Sec. 1262. Demolition, site revitalization, re- TITLE XV—ACCOUNTABILITY AND OVER- OFFERED BY: MR. LEACH placement housing, and choice- SIGHT OF PUBLIC HOUSING AGENCIES AMENDMENT NO. 12: Page 2, after line 6, in- based assistance grants for de- Subtitle A—Study of Alternative Methods sert the following: velopments. for Evaluating Public Housing Agencies DIVISION A—APPROPRIATIONS Sec. 1263. Voluntary voucher system for Sec. 1501. In general. public housing. Page 91, line 4, strike ‘‘This Act’’ and in- Sec. 1502. Purposes. sert ‘‘Titles I, II, III, and IV of this Act’’. Subtitle F—Mixed-Finance Public Housing Sec. 1503. Evaluation of various performance At the end of the bill (after the short title), Sec. 1271. Authority. evaluation systems. insert the following: Sec. 1272. Mixed-finance housing develop- Sec. 1504. Consultation. ments. Sec. 1505. Contract to conduct study. DIVISION B—HOUSING OPPORTUNITY Sec. 1506. Report. AND RESPONSIBILITY Sec. 1273. Mixed-finance housing plan. Sec. 1274. Rent levels for housing financed Sec. 1507. Funding. SEC. 1001. SHORT TITLE AND TABLE OF CON- Sec. 1508. Effective date. TENTS. with low-income housing tax Subtitle B—Housing Evaluation and (a) SHORT TITLE.—This division may be credit. Accreditation Board cited as the ‘‘Housing Opportunity and Re- Sec. 1275. Carry-over of assistance for re- sponsibility Act of 1997’’. placed housing. Sec. 1521. Establishment. (b) TABLE OF CONTENTS.—The table of con- Subtitle G—General Provisions Sec. 1522. Membership. tents for this division is as follows: Sec. 1523. Functions. Sec. 1281. Payment of non-Federal share. Sec. 1524. Powers. DIVISION B—HOUSING OPPORTUNITY Sec. 1282. Authorization of appropriations Sec. 1525. Fees. AND RESPONSIBILITY for block grants. Sec. 1526. GAO audit. Sec. 1283. Funding for operation safe home. Sec. 1001. Short title and table of contents. Sec. 1284. Funding for relocation of victims Subtitle C—Interim Applicability of Public Sec. 1002. Permanent applicability. Housing Management Assessment Program Sec. 1003. Declaration of policy to renew of domestic violence. TITLE XIII—CHOICE-BASED RENTAL Sec. 1531. Interim applicability. American neighborhoods. Sec. 1532. Management assessment indica- HOUSING AND HOMEOWNERSHIP AS- TITLE XI—GENERAL PROVISIONS tors. SISTANCE FOR LOW-INCOME FAMILIES Sec. 1101. Statement of purpose. Sec. 1533. Designation of PHA’s. Sec. 1102. Definitions. Subtitle A—Allocation Sec. 1534. On-site inspection of troubled Sec. 1103. Organization of public housing Sec. 1301. Authority to provide housing as- PHA’s. agencies. sistance amounts. Sec. 1535. Administration. H5596 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Subtitle D—Accountability and Oversight the amendments made by this division shall verely distressed public housing develop- Standards and Procedures apply thereafter, except to the extent other- ments. Sec. 1541. Audits. wise specifically provided in this division or SEC. 1102. DEFINITIONS. Sec. 1542. Performance agreements for au- the amendments made by this division. For purposes of this division, the following thorities at risk of becoming SEC. 1003. DECLARATION OF POLICY TO RENEW definitions shall apply: AMERICAN NEIGHBORHOODS. troubled. (1) ACQUISITION COST.—When used in ref- Sec. 1543. Performance agreements and The Congress hereby declares that— erence to public housing, the term ‘‘acquisi- CDBG sanctions for troubled (1) the Federal Government has a respon- tion cost’’ means the amount prudently ex- sibility to promote the general welfare of the PHA’s. pended by a public housing agency in acquir- Nation— Sec. 1544. Option to demand conveyance of ing property for a public housing develop- (A) by using Federal resources to aid fami- title to or possession of public ment. lies and individuals seeking affordable homes housing. (2) DEVELOPMENT.—The terms ‘‘public that are safe, clean, and healthy and, in par- Sec. 1545. Removal of ineffective PHA’s. housing development’’ and ‘‘development’’ ticular, assisting responsible, deserving citi- Sec. 1546. Mandatory takeover of chron- (when used in reference to public housing) zens who cannot provide fully for themselves ically troubled PHA’s. mean— Sec. 1547. Treatment of troubled PHA’s. because of temporary circumstances or fac- (A) public housing; and Sec. 1548. Maintenance of records. tors beyond their control; (B) the improvement of any such housing. Sec. 1549. Annual reports regarding troubled (B) by working to ensure a thriving na- (3) DISABLED FAMILY.—The term ‘‘disabled PHA’s. tional economy and a strong private housing Sec. 1550. Applicability to resident manage- market; and family’’ means a family whose head (or his ment corporations. (C) by developing effective partnerships or her spouse), or whose sole member, is a Sec. 1551. Advisory council for Housing Au- among the Federal Government, State and person with disabilities. Such term includes thority of New Orleans. local governments, and private entities that 2 or more persons with disabilities living to- gether, and 1 or more such persons living TITLE XVI—REPEALS AND RELATED allow government to accept responsibility with 1 or more persons determined under the AMENDMENTS for fostering the development of a healthy marketplace and allow families to prosper regulations of the Secretary to be essential Subtitle A—Repeals, Effective Date, and to their care or well-being. Savings Provisions without government involvement in their day-to-day activities; (4) DRUG-RELATED CRIMINAL ACTIVITY.—The Sec. 1601. Effective date and repeal of United (2) the Federal Government cannot term ‘‘drug-related criminal activity’’ means States Housing Act of 1937. through its direct action alone provide for the illegal manufacture, sale, distribution, Sec. 1602. Other repeals. the housing of every American citizen, or use, or possession with intent to manufac- Subtitle B—Other Provisions Relating to even a majority of its citizens, but it is the ture, sell, distribute, or use, of a controlled Public Housing and Rental Assistance Pro- responsibility of the Government to promote substance (as such term is defined in section grams and protect the independent and collective 102 of the Controlled Substances Act). Sec. 1621. Allocation of elderly housing actions of private citizens to develop housing (5) EFFECTIVE DATE.—The term ‘‘effective amounts. and strengthen their own neighborhoods; date’’, when used in reference to this divi- Sec. 1622. Pet ownership. (3) the Federal Government should act sion, means the effective date determined Sec. 1623. Review of drug elimination pro- where there is a serious need that private under section 1601(a). gram contracts. citizens or groups cannot or are not address- (6) ELDERLY FAMILIES AND NEAR ELDERLY Sec. 1624. Amendments to Public and As- ing responsibly; FAMILIES.—The terms ‘‘elderly family’’ and sisted Housing Drug Elimi- (4) housing is a fundamental and necessary ‘‘near-elderly family’’ mean a family whose nation Act of 1990. component of bringing true opportunity to head (or his or her spouse), or whose sole Subtitle C—Limitations Relating to people and communities in need, but provid- member, is an elderly person or a near-elder- Occupancy in Federally Assisted Housing ing physical structures to house low-income ly person, respectively. Such terms include 2 Sec. 1641. Screening of applicants. families will not by itself pull generations up or more elderly persons or near-elderly per- Sec. 1642. Termination of tenancy and as- from poverty; sons living together, and 1 or more such per- sistance for illegal drug users (5) it is a goal of our Nation that all citi- sons living with 1 or more persons deter- and alcohol abusers. zens have decent and affordable housing; and mined under the regulations of the Secretary Sec. 1643. Lease requirements. (6) our Nation should promote the goal of to be essential to their care or well-being. Sec. 1644. Availability of criminal records providing decent and affordable housing for (7) ELDERLY PERSON.—The term ‘‘elderly for tenant screening and evic- all citizens through the efforts and encour- person’’ means a person who is at least 62 tion. agement of Federal, State, and local govern- years of age. Sec. 1645. Definitions. ments, and by the independent and collective (8) ELIGIBLE PUBLIC HOUSING AGENCY.—The TITLE XVII—AFFORDABLE HOUSING AND actions of private citizens, organizations, term ‘‘eligible public housing agency’’ MISCELLANEOUS PROVISIONS and the private sector. means, with respect to a fiscal year, a public housing agency that is eligible under section Sec. 1701. Rural housing assistance. TITLE XI—GENERAL PROVISIONS 1202(d) for a grant under this title. Sec. 1702. Treatment of occupancy stand- SEC. 1101. STATEMENT OF PURPOSE. (9) FAMILY.—The term ‘‘family’’ includes a ards. The purpose of this division is to promote family with or without children, an elderly Sec. 1703. Implementation of plan. safe, clean, and healthy housing that is af- Sec. 1704. Income eligibility for HOME and fordable to low-income families, and thereby family, a near-elderly family, a disabled fam- CDBG programs. contribute to the supply of affordable hous- ily, and a single person. Sec. 1705. Prohibition of use of CDBG grants ing, by— (10) GROUP HOME AND INDEPENDENT LIVING for employment relocation ac- (1) deregulating and decontrolling public FACILITY.—The terms ‘‘group home’’ and tivities. housing agencies, thereby enabling them to ‘‘independent living facility’’ have the mean- Sec. 1706. Regional cooperation under CDBG perform as property and asset managers; ings given such terms in section 811(k) of the economic development initia- (2) providing for more flexible use of Fed- Cranston-Gonzalez National Affordable tive. eral assistance to public housing agencies, Housing Act. Sec. 1707. Use of American products. allowing the authorities to leverage and (11) INCOME.—The term ‘‘income’’ means, Sec. 1708. Consultation with affected areas combine assistance amounts with amounts with respect to a family, income from all in settlement of litigation. obtained from other sources; sources of each member of the household, as Sec. 1709. Treatment of PHA repayment (3) facilitating mixed income communities; determined in accordance with criteria pre- agreement. (4) increasing accountability and reward- scribed by the applicable public housing Sec. 1710. Use of assisted housing by aliens. ing effective management of public housing agency and the Secretary, except that the Sec. 1711. Protection of senior homeowners agencies; following amounts shall be excluded: under reverse mortgage pro- (5) creating incentives and economic op- (A) Any amounts not actually received by gram. portunities for residents of dwelling units as- the family. Sec. 1712. Conversion of section 8 tenant- sisted by public housing agencies to work, (B) Any amounts that would be eligible for based assistance to project- become self-sufficient, and transition out of exclusion under section 1613(a)(7) of the So- based assistance in the Borough public housing and federally assisted dwell- cial Security Act. of Tamaqua. ing units; (12) LOCAL HOUSING MANAGEMENT PLAN.— Sec. 1713. Housing counseling. (6) recreating the existing rental assist- The term ‘‘local housing management plan’’ Sec. 1714. Transfer of surplus real property ance voucher program so that the use of means, with respect to any fiscal year, the for providing housing for low- vouchers and relationships between land- plan under section 1106 of a public housing and moderate-income families. lords and tenants under the program operate agency for such fiscal year. Sec. 1715. Effective date. in a manner that more closely resembles the (13) LOW-INCOME FAMILY.—The term ‘‘low- SEC. 1002. PERMANENT APPLICABILITY. private housing market; and income family’’ means a family whose in- Upon effectiveness pursuant to section (7) remedying troubled public housing come does not exceed 80 percent of the me- 1601(a), the provisions of this division and agencies and replacing or revitalizing se- dian income for the area, as determined by July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5597 the Secretary with adjustments for smaller (ii) was subject to an annual block grant (D) an entity selected by the Secretary, and larger families, except that the Sec- contract under title XII (or an annual con- pursuant to subtitle D of title XV, to manage retary may, for purposes of this paragraph, tributions contract under the United States housing; and establish income ceilings higher or lower Housing Act of 1937) which is not in effect, (2) complies with the requirements under than 80 percent of the median for the area on but for which occupancy is limited in accord- subsection (b). the basis of the public housing agency’s find- ance with the requirements under section The term does not include any entity that is ings that such variations are necessary be- 1222(a). an Indian housing authority for purposes of cause of unusually high or low family in- (21) PUBLIC HOUSING AGENCY.—The term the United States Housing Act of 1937 (as in comes. ‘‘public housing agency’’ is defined in section effect before the effectiveness of the Native (14) LOW-INCOME HOUSING.—The term ‘‘low- 1103. American Housing Assistance and Self-De- income housing’’ means dwellings that com- (22) RESIDENT COUNCIL.—The term ‘‘resi- termination Act of 1996) or a tribally des- ply with the requirements— dent council’’ means an organization or asso- ignated housing entity, as such term is de- (A) under title XII for assistance under ciation that meets the requirements of sec- fined in section 4 of the Native American such title for the dwellings; or tion 1234(a). Housing Assistance and Self-Determination (B) under title XIII for rental assistance (23) RESIDENT MANAGEMENT CORPORATION.— Act of 1996. The term ‘‘resident management corpora- payments under such title for the dwellings. (b) GOVERNANCE.— tion’’ means a corporation that meets the re- (15) NEAR-ELDERLY PERSON.—The term (1) BOARD OF DIRECTORS.—Each public quirements of section 1234(b)(2). ‘‘near-elderly person’’ means a person who is housing agency shall have a board of direc- (24) RESIDENT PROGRAM.—The term ‘‘resi- at least 55 years of age. tors or other form of governance as pre- dent programs and services’’ means pro- (16) OPERATION.—When used in reference to scribed in State or local law. No person may grams and services for families residing in public housing, the term ‘‘operation’’ means be barred from serving on such board or body public housing developments. Such term any or all undertakings appropriate for man- because of such person’s residency in a pub- may include (A) the development and main- agement, operation, services, maintenance, lic housing development or status as an as- tenance of resident organizations which par- security (including the cost of security per- sisted family under title XIII. ticipate in the management of public hous- sonnel), or financing in connection with a ESIDENT MEMBERSHIP.— ing developments, (B) the training of resi- (2) R public housing development, including the fi- dents to manage and operate the public (A) IN GENERAL.—Except as provided in nancing of resident programs and services. housing development and the utilization of subparagraph (B), in localities in which a (17) PERSON WITH DISABILITIES.—The term their services in management and operation public housing agency is governed by a board ‘‘person with disabilities’’ means a person of the development, (C) counseling on house- of directors or other similar body, the board who— hold management, housekeeping, budgeting, or body shall include not less than 1 member (A) has a disability as defined in section money management, homeownership issues, who is an elected public housing resident 223 of the Social Security Act, child care, and similar matters, (D) advice member (as such term is defined in para- (B) is determined, pursuant to regulations regarding resources for job training and graph (5)). issued by the Secretary, to have a physical, placement, education, welfare, health, and (B) EXCEPTIONS.—The requirement in sub- mental, or emotional impairment which (i) other community services, (E) services that paragraph (A) with respect to elected public is expected to be of long-continued and in- are directly related to meeting resident housing resident members shall not apply definite duration, (ii) substantially impedes needs and providing a wholesome living envi- to— his or her ability to live independently, and ronment; and (F) referral to appropriate (i) any State or local governing body that (iii) is of such a nature that such ability agencies in the community when necessary serves as a public housing agency for pur- could be improved by more suitable housing for the provision of such services. To the poses of this division and whose responsibil- conditions, or maximum extent available and appropriate, ities include substantial activities other (C) has a developmental disability as de- existing public and private agencies in the than acting as the public housing agency, ex- fined in section 102 of the Developmental community shall be used for the provision of cept that such requirement shall apply to Disabilities Assistance and Bill of Rights such services. any advisory committee or organization that Act. (25) SECRETARY.—The term ‘‘Secretary’’ is established by such governing body and Such term shall not exclude persons who means the Secretary of Housing and Urban whose responsibilities relate only to the gov- have the disease of acquired immuno- Development. erning body’s functions as a public housing deficiency syndrome or any conditions aris- (26) STATE.—The term ‘‘State’’ means the agency for purposes of this division; ing from the etiologic agent for acquired im- States of the United States, the District of (ii) any public housing agency that owns or munodeficiency syndrome. Notwithstanding Columbia, the Commonwealth of Puerto operates less than 250 public housing dwell- any other provision of law, no individual Rico, the Commonwealth of the Northern ing units (including any agency that does shall be considered a person with disabil- Mariana Islands, Guam, the Virgin Islands, not own or operate public housing); or ities, for purposes of eligibility for public American Samoa, and any other territory or (iii) any public housing agency in a State housing under title XII of this Act, solely on possession of the United States and Indian that requires the members of the board of di- the basis of any drug or alcohol dependence. tribes. rectors or other similar body of a public The Secretary shall consult with other ap- (27) VERY LOW-INCOME FAMILY.—The term housing agency to be salaried and to serve on propriate Federal agencies to implement the ‘‘very low-income family’’ means a low-in- a full-time basis. preceding sentence. come family whose income does not exceed (3) FULL PARTICIPATION.—No public housing (18) PRODUCTION.—When used in reference 50 percent of the median family income for agency may limit or restrict the capacity or to public housing, the term ‘‘production’’ the area, as determined by the Secretary offices in which a member of such board or means any or all undertakings necessary for with adjustments for smaller and larger fam- body may serve on such board or body solely planning, land acquisition, financing, demo- ilies, except that the Secretary may, for pur- because of the member’s status as a resident lition, construction, or equipment, in con- poses of this paragraph, establish income member. nection with the construction, acquisition, ceilings higher or lower than 50 percent of (4) CONFLICTS OF INTEREST.—The Secretary or rehabilitation of a property for use as a the median for the area on the basis of the shall establish guidelines to prevent con- public housing development, including activ- public housing agency’s findings that such flicts of interest on the part of members of ity in connection with a public housing de- variations are necessary because of unusu- the board or directors or governing body of a velopment that is confined to the recon- ally high or low family incomes. public housing agency. struction, remodeling, or repair of existing SEC. 1103. ORGANIZATION OF PUBLIC HOUSING (5) DEFINITIONS.—For purposes of this sub- buildings. AGENCIES. section, the following definitions shall apply: (19) PRODUCTION COST.—When used in ref- (a) REQUIREMENTS.—For purposes of this (A) ELECTED PUBLIC HOUSING RESIDENT MEM- erence to public housing, the term ‘‘produc- division, the terms ‘‘public housing agency’’ BER.—The term ‘‘elected public housing resi- tion cost’’ means the costs incurred by a and ‘‘agency’’ mean any entity that— dent member’’ means, with respect to the public housing agency for production of pub- (1) is— public housing agency involved, an individ- lic housing and the necessary financing for (A) a public housing agency that was au- ual who is a resident member of the board of production (including the payment of carry- thorized under the United States Housing directors (or other similar governing body of ing charges and acquisition costs). Act of 1937 to engage in or assist in the de- the agency) by reason of election to such po- (20) PUBLIC HOUSING.—The term ‘‘public velopment or operation of low-income hous- sition pursuant to an election— housing’’ means housing, and all necessary ing; (i) in which eligibility for candidacy in appurtenances thereto, that— (B) authorized under this division to en- such election is limited to individuals who— (A) is low-income housing, low-income gage in or assist in the development or oper- (I) maintain their principal residence in a dwelling units in mixed-finance housing (as ation of low-income housing by any State, dwelling unit of public housing administered provided in subtitle F of title XII), or low-in- county, municipality, or other governmental or assisted by the agency; and come dwelling units in mixed income hous- body or public entity; (II) have not been convicted of a felony; ing (as provided in section 1221(c)(2)); and (C) an entity authorized by State law to (ii) in which only residents of dwelling (B)(i) is subject to an annual block grant administer choice-based housing assistance units of public housing administered by the contract under title XII; or under title XIII; or agency may vote; and H5598 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(iii) that is conducted in accordance with (2) EARNED INCOME.—An amount of any pant’s eligibility or level of benefits, and standards and procedures for such election, earned income of the family, established at comply with such agreement.’’; and which shall be established by the Secretary. the discretion of the public housing agency, (B) in subsection (c)— (B) RESIDENT MEMBER.—The term ‘‘resident which may be based on— (i) in paragraph (2)(A), in the matter pre- member’’ means a member of the board of di- (A) all earned income of the family, ceding clause (I)— rectors or other similar governing body of a (B) the amount earned by particular mem- (I) by inserting before ‘‘or’’ the first place public housing agency who is a resident of a bers of the family; it appears the following: ‘‘, pursuant to sec- public housing dwelling unit owned, adminis- (C) the amount earned by families having tion 1104(e)(1) of the Housing Opportunity tered, or assisted by the agency or is a mem- certain characteristics; or and Responsibility Act of 1997 from the ap- ber of an assisted family (as such term is de- (D) the amount earned by families or mem- plicant or participant,’’; and fined in section 1371) assisted by the agency. bers during certain periods or from certain (II) by inserting ‘‘or 104(e)(1)’’ after ‘‘such (c) ESTABLISHMENT OF POLICIES.—Any sources. section 303(i)’’; and rules, regulations, policies, standards, and (3) OTHERS.—Such other amounts for other (ii) in paragraph (3)— procedures necessary to implement policies purposes, as the public housing agency may (I) in subparagraph (A), by inserting ‘‘, sec- required under section 1106 to be included in establish. tion 1104(e)(1) of the Housing Opportunity the local housing management plan for a (d) MEDIAN INCOME.—In determining me- and Responsibility Act of 1997,’’ after ‘‘Social public housing agency shall be approved by dian incomes (of persons, families, or house- Security Act’’; and the board of directors or similar governing holds) for an area or establishing any ceil- (II) in subparagraph (A), by inserting ‘‘or body of the agency and shall be publicly ings or limits based on income under this di- agreement, as applicable,’’ after ‘‘consent’’; available for review upon request. vision, the Secretary shall determine or es- (III) in subparagraph (B), by inserting ‘‘sec- SEC. 1104. DETERMINATION OF ADJUSTED IN- tablish area median incomes and income tion 1104(e)(1) of the Housing Opportunity COME AND MEDIAN INCOME. ceilings and limits for Westchester and and Responsibility Act of 1997,’’ after ‘‘Social (a) ADJUSTED INCOME.—For purposes of this Rockland Counties, in the State of New Security Act,’’; and division, the term ‘‘adjusted income’’ means, York, as if each such county were an area (IV) in subparagraph (B), by inserting ‘‘ with respect to a family, the difference be- not contained within the metropolitan sta- such section 1104(e)(1),’’ after ‘‘such section tween the income of the members of the fam- tistical area in which it is located. In deter- 303(i),’’ each place it appears. ily residing in a dwelling unit or the persons mining such area median incomes or estab- SEC. 1105. COMMUNITY WORK AND FAMILY SELF- on a lease and the amount of any income ex- SUFFICIENCY REQUIREMENTS. lishing such income ceilings or limits for the clusions for the family under subsections (b) (a) COMMUNITY WORK REQUIREMENT.— portion of such metropolitan statistical area and (c), as determined by the public housing (1) IN GENERAL.—Except as provided in that does not include Westchester or Rock- agency. paragraph (3), each public housing agency land Counties, the Secretary shall determine (b) MANDATORY EXCLUSIONS FROM IN- shall require, as a condition of occupancy of or establish area median incomes and in- COME.—In determining adjusted income, a a public housing dwelling unit by a family public housing agency shall exclude from the come ceilings and limits as if such portion and of providing housing assistance under annual income of a family the following included Westchester and Rockland Coun- title XIII on behalf of a family, that each amounts: ties. adult member of the family shall contribute (1) ELDERLY AND DISABLED FAMILIES.—$400 (e) AVAILABILITY OF INCOME MATCHING IN- not less than 8 hours of work per month (not for any elderly or disabled family. FORMATION.— including political activities) within the (2) MEDICAL EXPENSES.—The amount by (1) DISCLOSURE TO PHA.—A public housing community in which the family resides, which 3 percent of the annual family income agency shall require any family described in which may include work performed on loca- is exceeded by the sum of— paragraph (2) who receives information re- tions not owned by the public housing agen- (A) unreimbursed medical expenses of any garding income, earnings, wages, or unem- cy. elderly family; ployment compensation from the Depart- (2) EMPLOYMENT STATUS AND LIABILITY.— (B) unreimbursed medical expenses of any ment of Housing and Urban Development The requirement under paragraph (1) may nonelderly family, except that this subpara- pursuant to income verification procedures not be construed to establish any employ- graph shall apply only to the extent ap- of the Department to disclose such informa- ment relationship between the public hous- proved in appropriation Acts; and tion, upon receipt of the information, to the ing agency and the member of the family (C) unreimbursed reasonable attendant public housing agency that owns or operates subject to the work requirement under such care and auxiliary apparatus expenses for the public housing dwelling unit in which paragraph or to create any responsibility, each handicapped member of the family, to such family resides or that provides the duty, or liability on the part of the public the extent necessary to enable any member housing assistance on behalf of such family, housing agency for actions arising out of the of such family (including such handicapped as applicable. work done by the member of the family to member) to be employed. (2) APPLICABILITY TO FAMILIES RECEIVING comply with the requirement, except to the (3) CHILD CARE EXPENSES.—Any reasonable PUBLIC HOUSING OR CHOICE-BASED HOUSING AS- extent that the member of the family is ful- child care expenses necessary to enable a SISTANCE.—A family described in this para- filling the requirement by working directly member of the family to be employed or to graph is a family that resides in a dwelling for such public housing agency. further his or her education. unit— (3) EXEMPTIONS.—A public housing agency (4) MINORS, STUDENTS, AND PERSONS WITH (A) that is a public housing dwelling unit; shall provide for the exemption, from the ap- DISABILITIES.—$480 for each member of the or plicability of the requirement under para- family residing in the household (other than (B) for which housing assistance is pro- graph (1), of each individual who is— the head of the household or his or her vided under title XIII (or under the program (A) an elderly person; spouse) who is less than 18 years of age or is for tenant-based assistance under section 8 (B) a person with disabilities; attending school or vocational training on a of the United States Housing Act of 1937 (as (C) working, attending school or voca- full-time basis, or who is 18 years of age or in effect before the effective date of the re- tional training, or otherwise complying with older and is a person with disabilities. peal under section 1601(b) of this Act)). work requirements applicable under other (5) CHILD SUPPORT PAYMENTS.—Any pay- (3) PROTECTION OF APPLICANTS AND PARTICI- public assistance programs (as determined ment made by a member of the family for PANTS.—Section 904 of the Stewart B. McKin- by the agencies or organizations responsible the support and maintenance of any child ney Homeless Assistance Amendments Act of for administering such programs); or who does not reside in the household, except 1988 (42 U.S.C. 3544) is amended— (D) otherwise physically impaired to the that the amount excluded under this para- (A) in subsection (b)— extent that they are unable to comply with graph may not exceed $480 for each child for (i) in paragraph (2), by striking ‘‘and’’ at the requirement, as certified by a doctor. whom such payment is made. the end; (b) REQUIREMENT REGARDING TARGET DATE (6) EARNED INCOME OF MINORS.—The (iii) in paragraph (3), by striking the period FOR TRANSITION OUT OF ASSISTED HOUSING.— amount of any earned income of a member of at the end and inserting ‘‘; and’’; and (1) IN GENERAL.—Each public housing agen- the family who is not— (ii) by adding at the end the following new cy shall require, as a condition of occupancy (A) 18 years of age or older; and paragraph: of a public housing dwelling unit by a family (B) the head of the household (or the ‘‘(4) only in the case of an applicant or par- and of providing housing assistance under spouse of the head of the household). ticipant that is a member of a family de- title XIII on behalf of a family, that the fam- (c) PERMISSIVE EXCLUSIONS FROM INCOME.— scribed in section 1104(e)(2) of the Housing ily and the agency enter into an agreement In determining adjusted income, a public Opportunity and Responsibility Act of 1997, (included, pursuant to subsection (d)(2)(C), as housing agency may, in the discretion of the sign an agreement under which the applicant a term of an agreement under subsection (d)) agency, establish exclusions from the annual or participant agrees to provide to the appro- establishing a target date by which the fam- income of a family. Such exclusions may in- priate public housing agency the information ily intends to graduate from, terminate ten- clude the following amounts: required under such section 1104(e)(1) of the ancy in, or no longer receive public housing (1) EXCESSIVE TRAVEL EXPENSES.—Exces- Housing Opportunity and Responsibility Act or housing assistance under title XIII. sive travel expenses in an amount not to ex- of 1997 for the sole purpose of the public (2) RIGHTS OF OCCUPANCY.—This subsection ceed $25 per family per week, for housing agency verifying income informa- may not be construed (nor may any provi- employment- or education-related travel. tion pertinent to the applicant’s or partici- sion of subsection (d) or (e)) to create a right July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5599 on the part of any public housing agency to economic self-sufficiency program require- (D) Terms providing for any resources, evict or terminate assistance for a family ments or fraud and the level of such reduc- services, and assistance relating to self-suffi- solely on the basis of any failure of the fam- tion. ciency that will be made available to the ily to comply with the target date estab- (5) OCCUPANCY RIGHTS.—This subsection family, including any assistance to be made lished pursuant to paragraph (1). may not be construed to authorize any pub- available pursuant to subsection (c)(7)(B) (3) FACTORS.—In establishing a target date lic housing agency to establish any time under a cooperation agreement entered into pursuant to paragraph (1) for a family that limit on tenancy in a public housing dwell- under subsection (c)(7). receives benefits for welfare or public assist- ing unit or on receipt of housing assistance (E) Notice of the provisions of paragraphs ance from a State or other public agency under title XIII. (2) through (7) of subsection (c) (relating to under a program that limits the duration (6) REVIEW.—Any covered family residing effect of changes in income on rent and as- during which such benefits may be received, in public housing that is affected by the op- sisted families rights under such cir- the public housing agency and the family eration of this subsection shall have the cumstances). may take into consideration such time limit. right to review the determination under this (e) LEASE PROVISIONS.—A public housing This section may not be construed to require subsection through the administrative griev- agency shall incorporate into leases under any public housing agency to adopt any such ance procedure established pursuant to sec- section 1226, and into any agreements for the time limit on the duration of welfare or pub- tion 1110 for the public housing agency. provision of choice-based assistance under lic assistance benefits as the target date pur- (7) COOPERATION AGREEMENTS FOR ECONOMIC title XIII on behalf of a family— suant to paragraph (1) for a resident. SELF-SUFFICIENCY ACTIVITIES.— (1) a provision requiring compliance with (4) EXEMPTIONS.—A public housing agency (A) REQUIREMENT.—A public housing agen- the requirement under subsection (a); and shall provide for the exemption, from the ap- cy providing public housing dwelling units or (2) provisions incorporating the conditions plicability of the requirements under para- housing assistance under title XIII for cov- under subsection (c). graph (1), of each individual who is— ered families shall make its best efforts to (f) TREATMENT OF INCOME.—Notwithstand- (A) an elderly person; enter into such cooperation agreements, ing any other provision of this section, in de- (B) a person with disabilities; with State, local, and other agencies provid- termining the income or tenancy of a family (C) working, attending school or voca- ing assistance to covered families under wel- who resides in public housing or receives tional training, or otherwise complying with fare or public assistance programs, as may housing assistance under title XIII, a public work requirements applicable under other be necessary, to provide for such agencies to housing agency shall consider any decrease public assistance programs (as determined transfer information to facilitate adminis- in the income of a family that results from by the agencies or organizations responsible tration of subsection (a) and paragraphs (2), the reduction of any welfare or public assist- for administering such programs); or (3), and (4) of this subsection, and other in- ance benefits received by the family under (D) otherwise physically impaired to the formation regarding rents, income, and as- any Federal, State, or local law regarding a extent that they are unable to comply with sistance that may assist a public housing program for such assistance if the family (or the requirement, as certified by a doctor. agency or welfare or public assistance agen- a member thereof, as applicable) has com- (c) TREATMENT OF INCOME CHANGES RE- cy in carrying out its functions. plied with the conditions for receiving such SULTING FROM WELFARE PROGRAM REQUIRE- (B) CONTENTS.—A public housing agency assistance and is unable to obtain employ- MENTS.— shall seek to include in a cooperation agree- ment notwithstanding such compliance. (1) COVERED FAMILY.—For purposes of this subsection, the term ‘‘covered family’’ ment under this paragraph requirements and (g) DEFINITION.—For purposes of this sec- means a family that (A) receives benefits for provisions designed to target assistance tion, the term ‘‘economic self-sufficiency welfare or public assistance from a State or under welfare and public assistance pro- program’’ means any program designed to other public agency under a program for grams to families residing in public housing encourage, assist, train, or facilitate the eco- which the Federal, State, or local law relat- developments and receiving choice-based as- nomic independence of participants and their ing to the program requires, as a condition sistance under title XIII, which may include families or to provide work for participants, of eligibility for assistance under the pro- providing for self-sufficiency services within including programs for job training, employ- gram, participation of a member of the fam- such housing, providing for services designed ment counseling, work placement, basic ily in an economic self-sufficiency program, to meet the unique employment-related skills training, education, workfare, finan- and (B) resides in a public housing dwelling needs of residents of such housing and recipi- cial or household management, apprentice- unit or is provided housing assistance under ents of such assistance, providing for place- ship, or other activities as the Secretary title XIII. ment of workfare positions on-site in such may provide. (2) DECREASES IN INCOME FOR FAILURE TO housing, and such other elements as may be SEC. 1106. LOCAL HOUSING MANAGEMENT COMPLY.—Notwithstanding the provisions of appropriate. PLANS. sections 1225 and 1322 (relating to family (C) CONFIDENTIALITY.—This paragraph may (a) 5-YEAR PLAN.—The Secretary shall pro- rental contributions), if the welfare or public not be construed to authorize any release of vide for each public housing agency to sub- assistance benefits of a covered family are information that is prohibited by, or in con- mit to the Secretary, once every 5 years, a reduced under a Federal, State, or local law travention of, any other provision of Fed- plan under this subsection for the agency regarding such an assistance program be- eral, State, or local law. covering a period consisting of 5 fiscal years. cause of any failure of any member of the (d) COMMUNITY WORK AND FAMILY SELF- Each such plan shall contain, with respect to family to comply with the conditions under SUFFICIENCY AGREEMENTS.— the 5-year period covered by the plan, the the assistance program requiring participa- (1) IN GENERAL.—A public housing agency following information: tion in an economic self-sufficiency program, shall enter into a community work and fam- (1) STATEMENT OF MISSION.—A statement of the amount required to be paid by the family ily self-sufficiency agreement under this sub- the mission of the agency for serving the as a monthly contribution toward rent may section with each adult member and head of needs of low-income families in the jurisdic- not be decreased, during the period of the re- household of each family who is to reside in tion of the agency during such period. duction, as a result of any decrease in the in- a dwelling unit in public housing of the agen- (2) GOALS AND OBJECTIVES.—A statement of come of the family (to the extent that the cy and each family on behalf of whom the the goals and objectives of the agency that decrease in income is a result of the benefits agency will provide housing assistance under will enable the agency to serve the needs reduction). title XIII. Under the agreement the family identified pursuant to paragraph (1) during (3) EFFECT OF FRAUD.—Notwithstanding the shall agree that, as a condition of occupancy such period. provisions of sections 1225 and 1322 (relating of the public housing dwelling unit or of re- (3) CAPITAL IMPROVEMENT OVERVIEW.—If the to family rental contributions), if the wel- ceiving such housing assistance, the family agency will provide capital improvements fare or public assistance benefits of a cov- will comply with the terms of the agree- for public housing developments during such ered family are reduced because of an act of ment. period, an overview of such improvements, fraud by a member of the family under the (2) TERMS.—An agreement under this sub- the rationale for such improvements, and an law or program, the amount required to be section shall include the following: analysis of how such improvements will en- paid by the covered family as a monthly con- (A) Terms designed to encourage and fa- able the agency to meet its goals, objectives, tribution toward rent may not be decreased, cilitate the economic self-sufficiency of the and mission. during the period of the reduction, as a re- assisted family entering into the agreement The first 5-year plan under this subsection sult of any decrease in the income of the and the graduation of the family from as- for a public housing agency shall be submit- family (to the extent that the decrease in in- sisted housing to unassisted housing. ted for the 5-year period beginning with the come is a result of the benefits reduction). (B) Notice of the requirements under sub- first fiscal year for which the agency re- (4) NOTICE.—Paragraphs (2) and (3) shall section (a) (relating to community work) and ceives assistance under this division. not apply to any covered family before the the conditions imposed by, and exemptions (b) ANNUAL PLAN.—The Secretary shall public housing agency providing assistance from, such requirement. provide for each public housing agency to under this division on behalf of the family (C) The target date agreed upon by the submit to the Secretary a local housing obtains written notification from the rel- family pursuant to subsection (b) for gradua- management plan under this section for each evant welfare or public assistance agency tion from, termination of tenancy in, or ter- fiscal year that contains the information re- specifying that the family’s benefits have mination of receipt of public housing or quired under subsection (d). For each fiscal been reduced because of noncompliance with housing assistance under title XIII. year after the initial submission of a plan H5600 CONGRESSIONAL RECORD — HOUSE July 15, 1998 under this section by a public housing agen- (D) any standards and requirements for oc- or buildings that the agency is required, cy, the agency may comply with require- cupancy of public housing dwelling units and under section 1203(b), to convert to housing ments for submission of a plan under this units assisted under title XIII, including assistance under title XIII or that the agen- subsection by submitting an update of the resident screening policies, standard lease cy voluntarily converts, an analysis of such plan for the fiscal year. provisions, conditions for continued occu- buildings required under such section for (c) PROCEDURES.—The Secretary shall es- pancy, termination of tenancy, eviction, and conversion, and a statement of the amount tablish requirements and procedures for sub- conditions for termination of housing assist- of grant amounts under title XII to be used mission and review of plans, including re- ance; for rental assistance or other housing assist- quirements for timing and form of submis- (E) the procedures for maintaining waiting ance. sion, and for the contents of such plans. Such lists for admissions to public housing devel- (11) HOMEOWNERSHIP ACTIVITIES.—A de- procedures shall provide that a public hous- opments of the agency, which may include a scription of— ing agency— system of site-based waiting lists under sec- (A) any homeownership programs of the (1) shall, in conjunction with the relevant tion 1224(c); agency under subtitle D of title XII or sec- State or unit of general local government, (F) the criteria for providing and denying tion 1329 for the agency; establish procedures to ensure that the plan housing assistance under title XIII to fami- (B) the requirements and assistance avail- under this section is consistent with the ap- lies moving into the jurisdiction of the agen- able under the programs described pursuant plicable comprehensive housing affordability cy; to subparagraph (A); and strategy (or any consolidated plan incor- (G) the procedures for coordination with (C) the annual goals of the agency for addi- porating such strategy) for the jurisdiction entities providing assistance to homeless tional availability of homeownership units. in which the public housing agency is lo- families in the jurisdiction of the agency; (12) ECONOMIC SELF-SUFFICIENCY AND CO- cated, in accordance with title I of the Cran- and ORDINATION WITH WELFARE AND OTHER APPRO- ston-Gonzalez National Affordable Housing (H) the fair housing policy of the agency. PRIATE AGENCIES.—A description of— Act; and (4) RENT DETERMINATION.—A statement of (A) policies relating to services and amen- (2) may, at the option of the agency, sub- the policies of the agency governing rents ities provided or offered to assisted families, mit a plan under this section together with, charged for public housing dwelling units including the provision of service coordina- and rental contributions of assisted families tors and services designed for certain popu- or as part of, the comprehensive housing af- under title XIII and the system used by the lations (such as the elderly and disabled); fordability strategy (or any consolidated agency to ensure that such rents comply (B) how the agency will coordinate with plan incorporating such strategy) for the rel- with the requirements of this division. State, local, and other agencies providing as- evant jurisdiction, and for concomitant re- (5) OPERATION AND MANAGEMENT.—A state- sistance to families participating in welfare view of such plans submitted together. ment of the rules, standards, and policies of or public assistance programs; (d) CONTENTS.—An annual local housing the public housing agency governing mainte- (C) how the agency will implement and ad- management plan under this section for a nance and management of housing owned minister section 1105; and public housing agency shall contain the fol- and operated by the agency, and manage- (D) any policies, programs, plans, and ac- lowing information relating to the upcoming ment of the public housing agency and pro- tivities of the agency for the enhancement of fiscal year for which the assistance under grams of the agency, including— the economic and social self-sufficiency of this division is to be made available: (A) a description of the manner in which residents assisted by the programs of the (1) NEEDS.—A statement of the housing the agency is organized (including any con- agency, including rent structures to encour- needs of low-income and very low-income sortia or joint ventures) and staffed to per- age self-sufficiency. families residing in the community served form the duties and functions of the public (13) SAFETY AND CRIME PREVENTION.—A by the agency, and of other low-income fami- housing agency and to administer the oper- plan established by the public housing agen- lies on the waiting list of the agency (includ- ating fund distributions of the agency; cy, which shall be subject to the following ing the housing needs of elderly families and (B) policies relating to the rental of dwell- requirements: disabled families), and the means by which ing units, including policies designed to re- (A) SAFETY MEASURES.—The plan shall pro- the agency intends, to the maximum extent duce vacancies; vide, on a development-by-development practicable, to address such needs. (C) housing quality standards in effect pur- basis, for measures to ensure the safety of (2) FINANCIAL RESOURCES.—A statement of suant to sections 1232 and 1328 and any cer- public housing residents. financial resources available for the agency tifications required under such sections; (B) ESTABLISHMENT.—The plan shall be es- the planned uses of such resources that in- (D) emergency and disaster plans for public tablished, with respect to each development, cludes— housing; in consultation with the police officer or of- (A) a description of the financial resources (E) priorities and improvements for man- ficers in command for the precinct in which available to the agency; agement of public housing, including initia- the development is located. (B) the uses to which such resources will be tives to control costs; and (C) CONTENT.—The plan shall describe the committed, including all proposed eligible (F) policies of the agency requiring the loss need for measures to ensure the safety of and required activities under section 1203 or termination of housing assistance and public housing residents and for crime pre- and housing assistance to be provided under tenancy under sections 1641 and 1642 (relat- vention measures, describe any such activi- title XIII; ing to occupancy standards for federally as- ties conducted, or to be conducted, by the (C) an estimate of the costs of operation sisted housing). agency, and provide for coordination be- and the market rental value of each public (6) GRIEVANCE PROCEDURE.—A statement of tween the public housing agency and the ap- housing development; and the grievance procedures of the agency under propriate police precincts for carrying out (D) a specific description, based on popu- section 1110. such measures and activities. lation and demographic data, of the unmet (7) CAPITAL IMPROVEMENTS.—With respect (D) SECRETARIAL ACTION.—If the Secretary affordable housing needs of families in the to public housing developments owned or op- determines, at any time, that the security community served by the agency having in- erated by the agency, a plan describing the needs of a development are not being ade- comes not exceeding 30 percent of the area capital improvements necessary to ensure quately addressed by the plan, or that the median income and a statement of how the long-term physical and social viability of the local police precinct is not complying with agency will expend grant amounts received developments. the plan, the Secretary may mediate be- under this division to meet the housing (8) DEMOLITION AND DISPOSITION.—With re- tween the public housing agency and the needs of such families. spect to public housing developments owned local precinct to resolve any issues of con- (3) POPULATION SERVED.—A statement of or operated by the agency— flict. If after such mediation has occurred the policies of the agency governing eligi- (A) a description of any such housing to be and the Secretary determines that the secu- bility, admissions, and occupancy of families demolished or disposed of under subtitle E of rity needs of the development are not ade- with respect to public housing dwelling units title XII; and quately addressed, the Secretary may re- and housing assistance under title XIII, in- (B) a timetable for such demolition or dis- quire the public housing agency to submit an cluding— position. amended plan. (A) the requirements for eligibility for (9) DESIGNATION OF HOUSING FOR ELDERLY (14) ANNUAL AUDIT.—The results of the such units and assistance and the method AND DISABLED FAMILIES.—With respect to most recent fiscal year audit of the agency and procedures by which eligibility and in- public housing developments owned or oper- required under section 1541(b). come will be determined and verified; ated by the agency, a description of any de- (15) TROUBLED AGENCIES.—Such other addi- (B) the requirements for selection and ad- velopments (or portions thereof) that the tional information as the Secretary may de- missions of eligible families for such units agency has designated or will designate for termine to be appropriate for each public and assistance, including any preferences occupancy by elderly and disabled families housing agency that is designated— and procedures established by the agency in accordance with section 1227 and any in- (A) under section 1533(c) as at risk of be- and any outreach efforts; formation required under section 1227(d) for coming troubled; or (C) the procedures for assignment of fami- such designated developments. (B) under section 1533(a) as troubled. lies admitted to dwelling units owned, (10) CONVERSION OF PUBLIC HOUSING.—With (16) ASSET MANAGEMENT.—A statement of leased, managed, operated, or assisted by the respect to public housing owned or operated how the agency will carry out its asset man- agency; by the agency, a description of any building agement functions with respect to the public July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5601

housing inventory of the agency, including (g) PLANS FOR SMALL PHA’S AND PHA’S (d) TREATMENT OF EXISTING PLANS.—Not- how the agency will plan for the long-term ADMINISTERING ONLY RENTAL ASSISTANCE.— withstanding any other provision of this operating, capital investment, rehabilita- The Secretary shall establish requirements title, a public housing agency shall be con- tion, modernization, disposition, and other for submission of plans under this section sidered to have submitted a plan under this needs for such inventory. and the information to be included in such section if the agency has submitted to the (e) CITIZEN PARTICIPATION.— plans applicable to public housing agencies Secretary a comprehensive plan under sec- (1) PUBLICATION OF NOTICE.—Not later than that own or operate less than 250 public tion 14(e) of the United States Housing Act 45 days before the date of a hearing con- housing dwelling units and shall establish re- of 1937 (as in effect immediately before the ducted under paragraph (2) by the governing quirements for such submission and informa- effective date of the repeal under section body of a public housing agency, the agency tion applicable to agencies that only admin- 1601(b) of this Act) or under the comprehen- shall— ister housing assistance under title XIII (and sive improvement assistance program under (A) publish a notice informing the public do not own or operate public housing). Such such section 14, and the Secretary has ap- that the proposed local housing management requirements shall waive any requirements proved such plan, before January 1, 1997. The Secretary shall provide specific procedures plan or amendment is available for inspec- under this section that the Secretary deter- and requirements for such authorities to tion at the principal office of the public mines are burdensome or unnecessary for amend such plans by submitting only such housing agency during normal business such agencies. additional information as is necessary to hours and make the plan or amendment so SEC. 1107. REVIEW OF PLANS. comply with the requirements of section available for inspection during such period; (a) REVIEW AND NOTICE.— 1106. and (1) REVIEW.—The Secretary shall conduct a (e) ACTIONS TO CHANGE PLAN.—A public (B) publish a notice informing the public limited review of each local housing manage- housing agency that has submitted a plan that a public hearing will be conducted to ment plan submitted to the Secretary to en- under section 1106 may change actions or discuss the local housing management plan sure that the plan is complete and complies policies described in the plan before submis- and to invite public comment regarding that with the requirements of section 1106. The sion and review of the plan of the agency for plan. Secretary shall have the discretion to review the next fiscal year only if— (2) PUBLIC HEARING.—Before submitting a a plan to the extent that the Secretary con- (1) in the case of costly or nonroutine plan under this section or a significant siders review is necessary. changes, the agency submits to the Sec- amendment under section 1107(f) to a plan, a (2) NOTICE.—The Secretary shall notify retary an amendment to the plan under sub- public housing agency shall, at a location each public housing agency submitting a section (f) which is reviewed in accordance that is convenient to residents, conduct a plan whether the plan complies with such re- with such subsection; or public hearing, as provided in the notice pub- quirements not later than 75 days after re- (2) in the case of inexpensive or routine lished under paragraph (1), regarding the ceiving the plan. If the Secretary does not changes, the agency describes such changes public housing plan or the amendment of the notify the public housing agency, as required in such local housing management plan for agency. under this subsection and subsection (b), the the next fiscal year. (3) CONSIDERATION OF COMMENTS.—A public Secretary shall be considered, for purposes of (f) AMENDMENTS TO PLAN.— housing agency shall consider any comments this division, to have made a determination (1) IN GENERAL.—During the annual or 5- or views made available pursuant to para- that the plan complies with the require- year period covered by the plan for a public graphs (1) and (2) in preparing a final plan or ments under section 1106 and the agency housing agency, the agency may submit to amendment for submission to the Secretary. shall be considered to have been notified of the Secretary any amendments to the plan. A summary of such comments or views shall compliance upon the expiration of such 75- (2) REVIEW.—The Secretary shall conduct a be attached to the plan, amendment, or re- day period. The preceding sentence shall not limited review of each proposed amendment port submitted. preclude judicial review regarding such com- submitted under this subsection to deter- (4) ADOPTION OF PLAN.—After conducting pliance pursuant to chapter 7 of title 5, mine whether the plan, as amended by the the public hearing under paragraph (2) and United States Code, or an action regarding amendment, complies with the requirements considering public comments in accordance such compliance under section 1979 of the of section 1106 and notify each public hous- with paragraph (3), the public housing agen- Revised Statutes of the United States (42 ing agency submitting the amendment cy shall make any appropriate changes to U.S.C. 1983). whether the plan, as amended, complies with the local housing management plan or (b) NOTICE OF REASONS FOR DETERMINATION such requirements not later than 30 days amendment and shall— OF NONCOMPLIANCE.—If the Secretary deter- after receiving the amendment. If the Sec- (A) adopt the local housing management mines that a plan, as submitted, does not retary determines that a plan, as amended, plan; comply with the requirements under section does not comply with the requirements (B) submit the plan to any local elected of- 1106, the Secretary shall specify in the notice under section 1106, such notice shall indicate ficial or officials responsible for appointing under subsection (a) the reasons for the non- the reasons for the noncompliance and any the members of the board of directors (or compliance and any modifications necessary modifications necessary for the plan to meet other similar governing body) of the public for the plan to meet the requirements under the requirements under section 1106. If the housing agency for review and approval section 1106. Secretary does not notify the public housing under subsection (f); (c) STANDARDS FOR DETERMINATION OF NON- agency as required under this paragraph, the (C) submit the plan to the Secretary in ac- COMPLIANCE.—The Secretary may determine plan, as amended, shall be considered, for cordance with this section; and that a plan does not comply with the re- purposes of this section, to comply with the (D) make the submitted plan or amend- quirements under section 1106 only if— requirements under section 1106. ment publicly available. (1) the plan is incomplete in significant (3) STANDARDS FOR DETERMINATION OF NON- (f) LOCAL REVIEW.—The public housing matters required under such section; COMPLIANCE.—The Secretary may determine agency shall submit a plan under this sub- (2) there is evidence available to the Sec- that a plan, as amended by a proposed section to any local elected official or offi- retary that challenges, in a substantial man- amendment, does not comply with the re- cials responsible for appointing the members ner, any information provided in the plan; quirements under section 1106 only if— of the board of directors (or other similar (3) the Secretary determines that the plan (A) the plan, as amended, would be subject governing body) of the public housing agency does not comply with Federal law or violates to a determination of noncompliance in ac- for review and approval for a 45-day period the purposes of this division because it fails cordance with the provisions of subsection beginning on the date that the plan is sub- to provide housing that will be viable on a (c); mitted to such local official or officials long-term basis at a reasonable cost; (B) the Secretary determines that— (which period may run concurrently with (4) the plan plainly fails to adequately (i) the proposed amendment is plainly in- any period under subsection (e) for public identify the needs of low-income families for consistent with the activities specified in comment). If the local official or officials re- housing assistance in the jurisdiction of the the plan; or sponsible under this subsection do not act agency; (ii) there is evidence that challenges, in a within 45 days of submission of the plan, the (5) the plan plainly fails to adequately substantial manner, any information con- plan shall be considered approved. If the identify the capital improvement needs for tained in the amendment; or local official or officials responsible under public housing developments in the jurisdic- (C) the Secretary determines that the plan, this subsection reject the public housing tion of the agency; as amended, violates the purposes of this di- agency’s plan, they shall return the plan (6) the activities identified in the plan are vision because it fails to provide housing with their recommended changes to the plainly inappropriate to address the needs that will be viable on a long-term basis at a agency within 5 days of their disapproval. identified in the plan; or reasonable cost. The agency shall resubmit an updated plan (7) the plan is inconsistent with the re- (4) AMENDMENTS TO EXTEND TIME OF PER- to the local official or officials within 30 quirements of this division. FORMANCE.—Notwithstanding any other pro- days of receiving the objections, If the local The Secretary shall determine that a plan vision of this subsection, the Secretary may official or officials again reject the plan, the does not comply with the requirements not determine that any amendment to the resubmitted plan, together with the local of- under section 1106 if the plan does not in- plan of a public housing agency that extends ficial’s objections, shall be submitted to the clude the information required under section the time for performance of activities as- Secretary for approval. 1106(d)(2)(D). sisted with amounts provided under this title H5602 CONGRESSIONAL RECORD — HOUSE July 15, 1998

fails to comply with the requirements under title 5, United States Code), concerning an (2) PRODUCTION.—A provision that not less section 1106 if the Secretary has not provided eviction from or termination of tenancy in than the wages prevailing in the locality, as the amount of assistance set forth in the public housing that involves any activity predetermined by the Secretary of Labor plan or has not provided the assistance in a that threatens the health, safety, or right to pursuant to the Davis-Bacon Act (40 U.S.C. timely manner. peaceful enjoyment of the premises of other 276a—276a–5), shall be paid to all laborers and SEC. 1108. REPORTING REQUIREMENTS. tenants or employees of the public housing mechanics employed in the production of the (a) PERFORMANCE AND EVALUATION RE- agency or any drug-related criminal activity development involved. PORT.—Each public housing agency shall an- on or off such premises. In the case of any The Secretary shall require certification as nually submit to the Secretary, on a date de- eviction from or termination of tenancy in to compliance with the provisions of this termined by the Secretary, a performance public housing not described in the preceding section before making any payment under and evaluation report concerning the use of sentence, each of the following provisions such contract. funds made available under this division. shall apply: (b) EXCEPTIONS.—Subsection (a) and the The report of the public housing agency shall (1) Such eviction or termination shall be provisions relating to wages (pursuant to include an assessment by the agency of the subject to an administrative grievance pro- subsection (a)) in any contract for grants, relationship of such use of funds made avail- cedure if the tenant so evicted or terminated sale, or lease pursuant to this division relat- able under this division, as well as the use of requests a hearing under such procedure not ing to public housing, shall not apply to any other funds, to the needs identified in the later than five days after service of notice of individual who— local housing management plan and to the such eviction or termination. (1) performs services for which the individ- purposes of this division. The public housing (2) The public housing agency shall take ual volunteered; agency shall certify that the report was final action regarding a grievance under (2)(A) does not receive compensation for available for review and comment by af- paragraph (1) not later than thirty days after such services; or fected tenants prior to its submission to the such notice is served. (B) is paid expenses, reasonable benefits, or Secretary. (3) If the public housing agency fails to a nominal fee for such services; and (b) REVIEW OF PHA’S.—The Secretary provide a hearing under the grievance proce- (3) is not otherwise employed at any time shall, at least on an annual basis, make such dure pursuant to a request under paragraph in the construction work. reviews as may be necessary or appropriate (1) and take final action regarding the griev- SEC. 1113. NONDISCRIMINATION. to determine whether each public housing ance before the expiration of the 30-day pe- agency receiving assistance under this sec- riod under paragraph (2), the notice of evic- (a) IN GENERAL.—No person in the United tion— tion or termination shall be considered void States shall on the grounds of race, color, (1) has carried out its activities under this and shall not be given any force or effect. national origin, religion, or sex be excluded division in a timely manner and in accord- (4) If a public housing authority takes final from participation in, be denied the benefits ance with its local housing management action on a grievance for any eviction or ter- of, or be subjected to discrimination under plan; and mination, the tenant and any member of the any program or activity funded in whole or (2) has a continuing capacity to carry out tenant’s household shall not have any right in part with amounts made available under its local housing management plan in a in connection with any subsequent eviction this division. Any prohibition against dis- timely manner. or termination notice to request or be af- crimination on the basis of age under the (c) RECORDS.—Each public housing agency forded any administrative grievance hearing Age Discrimination Act of 1975 or with re- shall collect, maintain, and submit to the during the 1-year period beginning upon the spect to an otherwise qualified handicapped Secretary such data and other program date of the final action. individual as provided in section 504 of the records as the Secretary may require, in (c) INAPPLICABILITY TO CHOICE-BASED RENT- Rehabilitation Act of 1973 shall also apply to such form and in accordance with such AL HOUSING ASSISTANCE.—This section may any such program or activity. schedule as the Secretary may establish. not be construed to require any public hous- (b) CIVIL RIGHTS COMPLIANCE.—Each public SEC. 1109. PET OWNERSHIP. ing agency to establish or implement an ad- housing agency that receives grant amounts Pet ownership in housing assisted under ministrative grievance procedure with re- under this division shall use such amounts this division that is federally assisted rental spect to assisted families under title XIII. and carry out its local housing management housing (as such term is defined in section SEC. 1111. HEADQUARTERS RESERVE FUND. plan approved under section 1107 in conform- 227 of the Housing and Urban-Rural Recovery (a) ANNUAL RESERVATION OF AMOUNTS.— ity with title VI of the Civil Rights Act of Act of 1983) shall be governed by the provi- Notwithstanding any other provision of law, 1964, the Fair Housing Act, section 504 of the sions of section 227 of such Act. the Secretary may retain not more than 2 Rehabilitation Act of 1973, the Age Discrimi- percent of the amounts appropriated to carry nation Act of 1975, and the Americans With SEC. 1110. ADMINISTRATIVE GRIEVANCE PROCE- Disabilities Act of 1990, and shall affirma- DURE. out title XII for any fiscal year for use in ac- tively further fair housing. (a) REQUIREMENTS.—Each public housing cordance with this section. agency receiving assistance under this divi- (b) USE OF AMOUNTS.—Any amounts that SEC. 1114. PROHIBITION ON USE OF FUNDS. sion shall establish and implement an ad- are retained under subsection (a) or appro- None of the funds made available to the ministrative grievance procedure under priated for use under this section shall be Department of Housing and Urban Develop- which residents of public housing will— available for subsequent allocation to spe- ment to carry out this division, which are (1) be advised of the specific grounds of any cific areas and communities, and may only obligated to State or local governments, proposed adverse public housing agency ac- be used for the Department of Housing and public housing agencies, housing finance tion; Urban Development and— agencies, or other public or quasi-public (2) have an opportunity for a hearing be- (1) for unforeseen housing needs resulting housing agencies, shall be used to indemnify fore an impartial party (including appro- from natural and other disasters; contractors or subcontractors of the govern- priate employees of the public housing agen- (2) for housing needs resulting from emer- ment or agency against costs associated with cy) upon timely request within a reasonable gencies, as determined by the Secretary, judgments of infringement of intellectual period of time; other than such disasters; property rights. (3) for housing needs related to a settle- (3) have an opportunity to examine any SEC. 1115. INAPPLICABILITY TO INDIAN HOUS- documents or records or regulations related ment of litigation, including settlement of ING. fair housing litigation; and to the proposed action; Except as specifically provided by law, the (4) for needs related to the Secretary’s ac- (4) be entitled to be represented by another provisions of this title, and titles XII, XIII, tions under this division regarding troubled person of their choice at any hearing; XIV, and XV shall not apply to public hous- and at-risk public housing agencies. (5) be entitled to ask questions of witnesses ing developed or operated pursuant to a con- and have others make statements on their Housing needs under this subsection may be met through the provision of assistance in tract between the Secretary and an Indian behalf; and housing authority under the United States (6) be entitled to receive a written decision accordance with title XII or title XIII, or both. Housing Act of 1937 or to housing assisted by the public housing agency on the pro- under the Native American Housing Assist- posed action. SEC. 1112. LABOR STANDARDS. ance and Self-Determination Act of 1996. (b) EXCLUSION FROM ADMINISTRATIVE PRO- (a) IN GENERAL.—Any contract for grants, CEDURE OF GRIEVANCES CONCERNING EVIC- sale, or lease pursuant to this division relat- SEC. 1116. REGULATIONS. TIONS FROM PUBLIC HOUSING INVOLVING ing to public housing shall contain the fol- (a) IN GENERAL.—The Secretary may issue HEALTH, SAFETY, OR PEACEFUL ENJOYMENT.— lowing provisions: any regulations necessary to carry out this A public housing agency may exclude from (1) OPERATION.—A provision requiring that division. This subsection shall take effect on its procedure established under subsection not less than the wages prevailing in the lo- the date of the enactment of this Act. (a) any grievance, in any jurisdiction which cality, as determined or adopted (subsequent (b) RULE OF CONSTRUCTION.—Any failure by requires that prior to eviction, a tenant be to a determination under applicable State or the Secretary to issue any regulations au- given a hearing in court, which the Sec- local law) by the Secretary, shall be paid to thorized under subsection (a) shall not affect retary determines provides the basic ele- all contractors and persons employed in the the effectiveness of any provision of this di- ments of due process (which the Secretary operation of the low-income housing devel- vision or any amendment made by this divi- shall establish by rule under section 553 of opment involved. sion. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5603

TITLE XII—PUBLIC HOUSING (1) IN GENERAL.—The Secretary shall estab- to perform any obligation under such agree- Subtitle A—Block Grants lish 2 funds for the provision of grants to eli- ment; or gible public housing agencies under this (B) the agency complies with the require- SEC. 1201. BLOCK GRANT CONTRACTS. title, as follows: ments under subparagraph (A) with respect (a) IN GENERAL.—The Secretary shall enter (A) CAPITAL FUND.—A capital fund to pro- into contracts with public housing agencies to public housing developments (including vide capital and management improvements under which— public housing units in mixed-income devel- to public housing developments. (1) the Secretary agrees to make a block opments), but the agency agrees that the (B) OPERATING FUND.—An operating fund grant under this title, in the amount pro- units other than public housing units in any for public housing operations. vided under section 1202(c), for assistance for mixed-income developments (as such term is (2) FLEXIBILITY OF FUNDING.— low-income housing to the public housing defined in section 1221(c)(2)) shall be subject (A) IN GENERAL.—A public housing agency to any otherwise applicable real property agency for each fiscal year covered by the may use up to 20 percent of the amounts contract; and taxes imposed by the State, city, county or from a grant under this title that are allo- other political subdivision. (2) the agency agrees— cated and provided from the capital fund for (A) to provide safe, clean, and healthy (2) EFFECT OF FAILURE TO EXEMPT FROM activities that are eligible under section TAXATION.—Notwithstanding paragraph (1), a housing that is affordable to low-income 1203(a)(2) to be funded with amounts from public housing agency that does not comply families and services for families in such the operating fund. with the requirements under such paragraph housing; (B) FULL FLEXIBILITY FOR SMALL PHA’S.—In may receive a block grant under this title, (B) to operate, or provide for the operation, the case of a public housing agency that but only if the State, city, county, or other of such housing in a financially sound man- owns or operates less than 250 public housing political subdivision in which the develop- ner; dwelling units and is (in the determination ment is situated contributes, in the form of (C) to use the block grant amounts in ac- of the Secretary) operating and maintaining cash or tax remission, the amount by which cordance with this title and the local hous- its public housing in a safe, clean, and the taxes paid with respect to the develop- ing management plan for the agency that healthy condition, the agency may use ment exceed 10 percent of the gross rent and complies with the requirements of section amounts from a grant under this title for utility cost charged in the development. 1106; any eligible activities under section 1203(a), (f) LOCAL COOPERATION.—In recognition (D) to involve residents of housing assisted regardless of the fund from which the that there should be local determination of with block grant amounts in functions and amounts were allocated and provided. the need for low-income housing to meet decisions relating to management and the (c) AMOUNT OF GRANTS.—The amount of the needs not being adequately met by private quality of life in such housing; grant under this title for a public housing enterprise, the Secretary may not make any (E) that the management of the public agency for a fiscal year shall be the amount grant under this title to a public housing housing of the agency shall be subject to ac- of the allocation for the agency determined agency unless the governing body of the lo- tions authorized under subtitle D of title XV; under section 1204, except as otherwise pro- cality involved has entered into an agree- (F) that the Secretary may take actions vided in this title and title XV. ment with the agency providing for the local under section 1205 with respect to improper (d) ELIGIBILITY.—A public housing agency cooperation required by the Secretary pursu- use of grant amounts provided under the shall be an eligible public housing agency ant to this title. The Secretary shall require contract; and with respect to a fiscal year for purposes of that each such agreement for local coopera- (G) to otherwise comply with the require- this title only if— tion shall provide that, notwithstanding any ments under this title. (1) the Secretary has entered into a block order, judgment, or decree of any court (in- (b) SMALL PUBLIC HOUSING AGENCY CAPITAL grant contract with the agency; cluding any settlement order), before mak- GRANT OPTION.—For any fiscal year, upon (2) the agency has submitted a local hous- the request of the Governor of the State, the ing management plan to the Secretary for ing any amounts provided under a grant Secretary shall make available directly to such fiscal year; under this title available for use for the pro- the State, from the amounts otherwise in- (3) the plan has been determined to comply duction of any housing or other property not cluded in the block grants for all public with the requirements under section 1106 and previously used as public housing, the public housing agencies in such State which own or the Secretary has not notified the agency housing agency shall— (1) notify the chief executive officer (or operate less than 100 dwelling units, 1⁄2 of that the plan fails to comply with such re- that portion of such amounts that is derived quirements; other appropriate official) of the unit of gen- from the capital improvement allocations (4) the agency is exempt from local taxes, eral local government in which the public for such agencies pursuant to section as provided under subsection (e), or receives housing for which such amounts are to be so 1203(c)(1) or 1203(d)(2), as applicable. The a contribution, as provided under such sub- used is located (or to be located) of such use; Governor of the State will have the respon- section; and sibility to distribute all of such funds, in (5) no member of the board of directors or (2) pursuant to the request of such unit of amounts determined by the Governor, only other governing body of the agency, or the general local government, provide such in- to meet the exceptional capital improvement executive director, has been convicted of a formation as may reasonably be requested by requirements for the various public housing felony; such unit of general local government re- agencies in the State which operate less than (6) the agency has entered into an agree- garding the public housing to be so assisted 100 dwelling units: Provided, however, that ment providing for local cooperation in ac- (except to the extent otherwise prohibited by for States where Federal funds provided to cordance with subsection (f); and law) and consult with representatives of such the State are subject to appropriation action (7) the agency has not been disqualified for local government regarding the public hous- by the State legislature, the capital funds a grant pursuant to section 1205(a) or title ing. made available to the Governor under this XV. (g) EXCEPTION.—Notwithstanding sub- subsection shall be subject to such appro- (e) PAYMENTS IN LIEU OF STATE AND LOCAL section (a), the Secretary may make a grant priation by the State legislature. TAXATION OF PUBLIC HOUSING DEVELOP- under this title for a public housing agency (c) MODIFICATION.—Contracts and agree- MENTS.— that is not an eligible public housing agency ments between the Secretary and a public (1) EXEMPTION FROM TAXATION.—A public but only for the period necessary to secure, housing agency may not be amended in a housing agency may receive a block grant in accordance with this title, an alternative manner which would— under this title only if— public housing agency for the public housing (1) impair the rights of— (A)(i) the developments of the agency (ex- of the ineligible agency. (A) leaseholders for units assisted pursuant clusive of any portions not assisted with (h) RECAPTURE OF CAPITAL ASSISTANCE to a contract or agreement; or amounts provided under this title) are ex- AMOUNTS.—The Secretary may recapture, (B) the holders of any outstanding obliga- empt from all real and personal property from any grant amounts made available to a tions of the public housing agency involved taxes levied or imposed by the State, city, public housing agency from the capital fund, for which annual contributions have been county, or other political subdivision; and any portion of such amounts that are not pledged; or (ii) the public housing agency makes pay- used or obligated by the public housing agen- (2) provide for payment of block grant ments in lieu of taxes to such taxing author- cy for use for eligible activities under sec- amounts under this title in an amount ex- ity equal to 10 percent of the sum, for units tion 1203(a)(1) (or dedicated for use pursuant ceeding the allocation for the agency deter- charged in the developments of the agency, to section 1202(b)(2)(A)) before the expiration mined under section 1204. of the difference between the gross rent and of the 24-month period beginning upon the Any rule of law contrary to this subsection the utility cost, or such lesser amount as is— award of such grant to the agency. shall be deemed inapplicable. (I) prescribed by State law; SEC. 1203. ELIGIBLE AND REQUIRED ACTIVITIES. SEC. 1202. GRANT AUTHORITY, AMOUNT, AND ELI- (II) agreed to by the local governing body (a) ELIGIBLE ACTIVITIES.—Except as pro- GIBILITY. in its agreement under subsection (f) for vided in subsection (b) and in section (a) AUTHORITY.—The Secretary shall make local cooperation with the public housing 1202(b)(2), grant amounts allocated and pro- block grants under this title to eligible pub- agency or under a waiver by the local gov- vided from the capital fund and grant lic housing agencies in accordance with erning body; or amounts allocated and provided from the op- block grant contracts under section 1201. (III) due to failure of a local public body or erating fund may be used for the following (b) PERFORMANCE FUNDS.— bodies other than the public housing agency activities: H5604 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(1) CAPITAL FUND ACTIVITIES.—Grant (E) have an estimated cost of continued op- locating such assistance to such building or amounts from the capital fund may be used eration and modernization as public housing buildings; for— that exceeds the cost of providing choice- (C) in the case of an agency receiving as- (A) the production and modernization of based rental assistance under title XIII for sistance for the major reconstruction of ob- public housing developments, including the all families in occupancy, based on appro- solete projects, any amounts obligated by redesign, reconstruction, and reconfigura- priate indicators of cost (such as the per- the Secretary for the major reconstruction tion of public housing sites and buildings and centage of the total development cost re- of such building or buildings pursuant to sec- the production of mixed-income develop- quired for modernization). tion 5(j)(2) of the United States Housing Act ments; Public housing agencies shall identify prop- of 1937, as in effect immediately before the (B) vacancy reduction; erties that meet the definition of subpara- effective date of the repeal under section (C) addressing deferred maintenance needs graphs (A) through (E) and shall consult with 1601(b); and and the replacement of dwelling equipment; the appropriate public housing residents and (D) in the case of an agency receiving as- (D) planned code compliance; the appropriate unit of general local govern- sistance pursuant to the formulas under sec- (E) management improvements; ment in identifying such properties. tion 1204, any amounts provided to the agen- (F) demolition and replacement under sec- (2) USE OF OTHER AMOUNTS.—In addition to cy which are attributable pursuant to the tion 1261; grant amounts under this title attributable formulas for allocating such assistance to (G) tenant relocation; (pursuant to the formulas under section 1204) such building or buildings. (H) capital expenditures to facilitate pro- to the building or buildings identified under (7) RELOCATION REQUIREMENTS.—Any public grams to improve the economic empower- paragraph (1), the Secretary may use housing agency carrying out conversion of ment and self-sufficiency of public housing amounts provided in appropriation Acts for public housing under this subsection shall— tenants; and choice-based housing assistance under title (A) notify the families residing in the pub- (I) capital expenditures to improve the se- XIII for families residing in such building or lic housing development subject to the con- curity and safety of residents. buildings or for appropriate site revitaliza- version, in accordance with any guidelines (2) OPERATING FUND ACTIVITIES.—Grant tion or other appropriate capital improve- issued by the Secretary governing such noti- amounts from the operating fund may be ments approved by the Secretary. fications, that— used for— (3) ENFORCEMENT.—The Secretary shall (i) the development will be removed from (A) procedures and systems to maintain take appropriate action to ensure conversion the inventory of the public housing agency; and ensure the efficient management and op- of any building or buildings identified under and eration of public housing units; paragraph (1) and any other appropriate ac- (ii) the families displaced by such action (B) activities to ensure a program of rou- tion under this subsection, if the public will receive choice-based housing assistance tine preventative maintenance; housing agency fails to take appropriate ac- or occupancy in a unit operated or assisted (C) anti-crime and anti-drug activities, in- tion under this subsection. by the public housing agency; cluding the costs of providing adequate secu- (4) FAILURE OF PHA’S TO COMPLY WITH CON- (B) ensure that each family that is a resi- rity for public housing tenants; VERSION REQUIREMENT.—If the Secretary de- dent of the development is relocated to other (D) activities related to the provision of termines that— safe, clean, and healthy affordable housing, services, including service coordinators for (A) a public housing agency has failed which is, to the maximum extent prac- elderly persons or persons with disabilities under paragraph (1) to identify a building or ticable, housing of the family’s choice, in- and including child care services for public buildings in a timely manner, cluding choice-based assistance under title housing residents; (B) a public housing agency has failed to XIII (provided that with respect to choice- (E) activities to provide for management identify one or more buildings which the based assistance, the preceding requirement and participation in the management of pub- Secretary determines should have been iden- shall be fulfilled only upon the relocation of lic housing by public housing tenants; tified under paragraph (1), or such family into such housing); (F) the costs associated with the operation (C) one or more of the buildings identified (C) provide any necessary counseling for and management of mixed-income develop- by the public housing agency pursuant to families displaced by such action to facili- ments; paragraph (1) should not, in the determina- tate relocation; and (G) the costs of insurance; tion of the Secretary, have been identified (D) provide any reasonable relocation ex- (H) the energy costs associated with public under that paragraph, penses for families displaced by such action. housing units, with an emphasis on energy the Secretary may identify a building or (8) TRANSITION.—Any amounts made avail- conservation; buildings for conversion and take other ap- able to a public housing agency to carry out (I) the costs of administering a public propriate action pursuant to this subsection. section 202 of the Departments of Veterans housing community work program under (5) CESSATION OF UNNECESSARY SPENDING.— Affairs and Housing and Urban Development, section 1105, including the costs of any relat- Notwithstanding any other provision of law, and Independent Agencies Appropriations ed insurance needs; and if, in the determination of the Secretary, a Act, 1996 (enacted as section 101(e) of the (J) activities in connection with a home- building or buildings meets or is likely to Omnibus Consolidated Rescissions and Ap- ownership program for public housing resi- meet the criteria set forth in paragraph (1), propriations Act of 1996 (Public Law 104–134; dents under subtitle D, including providing the Secretary may direct the public housing 110 Stat. 1321–279)) may be used, to the extent financing or assistance for purchasing hous- agency to cease additional spending in con- or in such amounts as are or have been pro- ing, or the provision of financial assistance nection with such building or buildings, ex- vided in advance in appropriation Acts, to to resident management corporations or cept to the extent that additional spending carry out this section. The Secretary shall resident councils to obtain training, tech- is necessary to ensure safe, clean, and provide for public housing agencies to con- nical assistance, and educational assistance healthy housing until the Secretary deter- form and continue actions taken under such to promote homeownership opportunities. mines or approves an appropriate course of section 202 in accordance with the require- (b) REQUIRED CONVERSION OF ASSISTANCE action with respect to such building or build- ments under this section. FOR PUBLIC HOUSING TO RENTAL HOUSING AS- ings under this subsection. (c) EXTENSION OF DEADLINES.—The Sec- SISTANCE.— (6) USE OF BUDGET AUTHORITY.—Notwith- retary may, for a public housing agency, ex- (1) REQUIREMENT.—A public housing agency standing any other provision of law, if a tend any deadline established pursuant to that receives grant amounts under this title building or buildings are identified pursuant this section or a local housing management shall provide assistance in the form of rental to paragraph (1), the Secretary may author- plan for up to an additional 5 years if the housing assistance under title XIII, or appro- ize or direct the transfer, to the choice-based Secretary makes a determination that the priate site revitalization or other appro- or tenant-based assistance program of such deadline is impracticable. priate capital improvements approved by the agency or to appropriate site revitalization Secretary, in lieu of assisting the operation or other capital improvements approved by (d) COMPLIANCE WITH PLAN.—The local and modernization of any building or build- the Secretary, of— housing management plan submitted by a ings of public housing, if the agency provides (A) in the case of an agency receiving as- public housing agency (including any amend- sufficient evidence to the Secretary that the sistance under the comprehensive improve- ments to the plan), unless determined under building or buildings— ment assistance program, any amounts obli- section 1107 not to comply with the require- (A) are on the same or contiguous sites; gated by the Secretary for the modernization ments under section 1106, shall be binding (B) consist of more than 300 dwelling units; of such building or buildings pursuant to sec- upon the Secretary and the public housing (C) have a vacancy rate of at least 10 per- tion 14 of the United States Housing Act of agency and the agency shall use any grant cent for dwelling units not in funded, on- 1937 (as in effect immediately before the ef- amounts provided under this title for eligible schedule modernization programs; fective date of the repeal under section activities under subsection (a) in accordance (D) are identified as distressed housing for 1601(b)); with the plan. This subsection may not be which the public housing agency cannot as- (B) in the case of an agency receiving pub- construed to preclude changes or amend- sure the long-term viability as public hous- lic housing modernization assistance by for- ments to the plan, as authorized under sec- ing through reasonable revitalization, den- mula pursuant to such section 14, any tion 1107 or any actions authorized by this sity reduction, or achievement of a broader amounts provided to the agency which are division to be taken without regard to a range of household income; and attributable pursuant to the formula for al- local housing management plan. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5605

(e) ELIGIBLE ACTIVITIES FOR INCREASED IN- (ii) the number of public housing dwelling to paragraph (4) that meets the requirements COME.—Any public housing agency that de- units owned or operated by the public hous- of this subsection. rives increased nonrental or rental income, ing agency; (d) INTERIM ALLOCATION REQUIREMENTS.— as referred to in subsection (c)(2)(B) or (iii) the need of the public housing agency (1) OPERATING ALLOCATION.— (d)(1)(D) of section 1204 or pursuant to provi- to carry out anti-crime and anti-drug activi- (A) APPLICABILITY TO APPROPRIATED sion of mixed-income developments under ties, including providing adequate security AMOUNTS.—Of any amounts available for al- section 1221(c)(2), may use such amounts for for public housing residents; and location under this subsection for a fiscal any eligible activity under paragraph (1) or (iv) any record by the public housing agen- year, an amount shall be used only to pro- (2) of subsection (a) of this section or for pro- cy of exemplary performance in the oper- vide amounts for operating allocations under viding choice-based housing assistance under ation of public housing. this paragraph for eligible public housing title XIII. (B) INCENTIVE TO INCREASE INCOME.—The agencies that bears the same ratio to such total amount available for allocation that SEC. 1204. DETERMINATION OF GRANT ALLOCA- formula shall provide an incentive to encour- TION. age public housing agencies to increase non- the amount appropriated for fiscal year 1997 for operating subsidies under section 9 of the (a) IN GENERAL.—For each fiscal year, after rental income and to increase rental income United States Housing Act of 1937 bears to reserving amounts under section 1111 from attributable to their units by encouraging the sum of such operating subsidy amounts the aggregate amount made available for the occupancy by families whose incomes have plus the amounts appropriated for such fiscal fiscal year for carrying out this title, the increase while in occupancy and newly ad- year for modernization under section 14 of Secretary shall allocate any remaining mitted families. Any such incentive shall such Act. amounts among eligible public housing agen- provide that the agency shall derive the full benefit of any increase in nonrental or rental (B) DETERMINATION.—The operating alloca- cies in accordance with this section, so that income, and such increase shall not result in tion under this paragraph for a public hous- the sum of all of the allocations for all eligi- a decrease in amounts provided to the agen- ing agency for a fiscal year shall be an ble authorities is equal to such remaining cy under this title. In addition, an agency amount determined by applying, to the amount. shall be permitted to retain, from each fiscal amount to be allocated under this paragraph, (b) ALLOCATION AMOUNT.—The Secretary year, the full benefit of such an increase in the formula used for determining the dis- shall determine the amount of the allocation nonrental or rental income, except to the ex- tribution of operating subsidies for fiscal for each eligible public housing agency, tent that such benefit exceeds (i) 100 percent year 1997 to public housing agencies (as which shall be— of the total amount of the operating alloca- modified under subparagraphs (C) and (D)) (1) for any fiscal year beginning after the tion for which the agency is eligible under under section 9 of the United States Housing enactment of a law containing the formulas this section, and (ii) the maximum balance Act of 1937, as in effect immediately before described in paragraphs (1) and (2) of sub- permitted for the agency’s operating reserve the effective date of the repeal under section section (c), the sum of the amounts deter- under this section and any regulations issued 1601(b). mined for the agency under each such for- under this section. (C) TREATMENT OF CHRONICALLY VACANT mula; or (C) TREATMENT OF UTILITY RATES.—The for- UNITS.—The Secretary shall revise the for- (2) for any fiscal year beginning before the mula shall not take into account the amount mula referred to in subparagraph (B) so that expiration of such period, the sum of— of any cost reductions for a public housing the formula does not provide any amounts, (A) the operating allocation determined agency due to the difference between pro- other than utility costs and other necessary under subsection (d)(1) for the agency; and jected and actual utility rates attributable costs (such as costs necessary for the protec- (B) the capital improvement allocation de- to actions that are taken by the agency tion of persons and property), attributable to termined under subsection (d)(2) for the which lead to such reductions, as determined any dwelling unit of a public housing agency agency. by the Secretary. In the case of any public that has been vacant continuously for 6 or (c) PERMANENT ALLOCATION FORMULAS FOR housing agency that receives financing from more months. A unit shall not be considered CAPITAL AND OPERATING FUNDS.— any person or entity other than the Sec- vacant for purposes of this paragraph if the (1) ESTABLISHMENT OF CAPITAL FUND FOR- retary or enters into a performance contract unit is unoccupied because of rehabilitation MULA.—The formula under this paragraph to undertake energy conservation improve- or renovation that is on schedule. shall provide for allocating assistance under ments in a public housing development, (D) TREATMENT OF INCREASES IN INCOME.— the capital fund for a fiscal year. The for- under which the payment does not exceed The Secretary shall revise the formula re- mula may take into account such factors the cost of the energy saved as a result of the ferred to in subparagraph (B) to provide an as— improvements during a reasonable nego- incentive to encourage public housing agen- (A) the number of public housing dwelling tiated contract period, the formula shall not cies to increase nonrental income and to in- units owned or operated by the public hous- take into account the amount of any cost re- crease rental income attributable to their ing agency, the characteristics and locations ductions for the agency due to the dif- units by encouraging occupancy by families of the developments, and the characteristics ferences between projected and actual utility whose incomes have increased while in occu- of the families served and to be served (in- consumption attributable to actions that are pancy and newly admitted families. Any cluding the incomes of the families); taken by the agency which lead to such re- such incentive shall provide that the agency (B) the need of the public housing agency ductions, as determined by the Secretary. shall derive the full benefit of any increase to carry out rehabilitation and moderniza- Notwithstanding the preceding 2 sentences, in nonrental or rental income, and such in- tion activities, and reconstruction, produc- after the expiration of the 10-year period be- crease shall not result in a decrease in tion, and demolition activities related to ginning upon the savings initially taking ef- amounts provided to the agency under this public housing dwelling units owned or oper- fect, the Secretary may reduce the amount title. In addition, an agency shall be per- ated by the public housing agency, including allocated to the agency under the formula by mitted to retain, from each fiscal year, the backlog and projected future needs of the up to 50 percent of such differences. full benefit of such an increase in nonrental agency; (3) CONSIDERATION OF PERFORMANCE, COSTS, or rental income, except that such benefit (C) the cost of constructing and rehabili- AND OTHER FACTORS.—The formulas under may not be retained if— tating property in the area; and paragraphs (1) and (2) should each reward (i) the agency’s operating allocation equals (D) the need of the public housing agency performance and may each consider appro- 100 percent of the amount for which it is eli- to carry out activities that provide a safe priate factors that reflect the different char- gible under section 9 of the United States and secure environment in public housing acteristics and sizes of public housing agen- Housing Act of 1937, as in effect immediately units owned or operated by the public hous- cies, the relative needs, revenues, costs, and before the effective date of the repeal under ing agency. capital improvements of agencies, and the section 1601(b) of this Act; and (2) ESTABLISHMENT OF OPERATING FUND FOR- relative costs to agencies of operating a (ii) the agency’s operating reserve balance MULA.— well-managed agency that meets the per- is equal to the maximum amount permitted (A) IN GENERAL.—The formula under this formance targets for the agency established under section 9 of the United States Housing paragraph shall provide for allocating assist- in the local housing management plan for Act of 1937, as in effect immediately before ance under the operating fund for a fiscal the agency. the effective date of the repeal under section year. The formula may take into account (4) DEVELOPMENT UNDER NEGOTIATED RULE- 1601(b) of this Act. such factors as— MAKING PROCEDURE.—The formulas under (2) CAPITAL IMPROVEMENT ALLOCATION.— (i) standards for the costs of operating and this subsection shall be developed according (A) APPLICABILITY TO APPROPRIATED reasonable projections of income, taking to procedures for issuance of regulations AMOUNTS.—Of any amounts available for al- into account the characteristics and loca- under the negotiated rulemaking procedure location under this subsection for a fiscal tions of the public housing developments and under subchapter III of chapter 5 of title 5, year, an amount shall be used only to pro- characteristics of the families served and to United States Code, except that the formulas vide amounts for capital improvement allo- be served (including the incomes of the fami- shall not be contained in a regulation. cations under this paragraph for eligible pub- lies), or the costs of providing comparable (5) REPORT.—Not later than the expiration lic housing agencies that bears the same services as determined in accordance with of the 12-month period beginning upon the ratio to such total amount available for allo- criteria or a formula representing the oper- enactment of this Act, the Secretary shall cation that the amount appropriated for fis- ations of a prototype well-managed public submit a report to the Congress containing cal year 1997 for modernization under section housing development; the proposed formulas established pursuant 14 of the United States Housing Act of 1937 H5606 CONGRESSIONAL RECORD — HOUSE July 15, 1998 bears to the sum of such modernization United States Housing Act of 1937 shall be rent privately developed dwelling units in amounts plus the amounts appropriated for operated as public housing for the 40-year pe- the neighborhood of the mixed income devel- such fiscal year for operating subsidies under riod beginning upon such production. opment. Such units shall be made available section 9 of such Act. (b) OPERATING ASSISTANCE.—No portion of for occupancy only by low-income families (B) DETERMINATION.—The capital improve- any public housing development operated eligible for residency in public housing. ment allocation under this paragraph for an with amounts from a grant under this title SEC. 1222. FAMILY ELIGIBILITY. or operating assistance provided under the eligible public housing agency for a fiscal (a) IN GENERAL.—Dwelling units in public United States Housing Act of 1937 may be year shall be determined by applying, to the housing may be rented only to families who disposed of before the expiration of the 10- amount to be allocated under this paragraph, are low-income families at the time of their year period beginning upon the conclusion of the formula used for determining the dis- initial occupancy of such units. tribution of modernization assistance for fis- the fiscal year for which the grant or such assistance was provided, except as provided (b) INCOME MIX WITHIN DEVELOPMENTS.—A cal year 1997 to public housing agencies public housing agency may establish and uti- under section 14 of the United States Hous- in this Act. (c) CAPITAL IMPROVEMENTS ASSISTANCE.— lize income-mix criteria for the selection of ing Act of 1937, as in effect immediately be- Amounts may be used for eligible activities residents for dwelling units in public housing fore the effective date of the repeal under under section 1203(a)(1) only for the following developments that limit admission to a de- section 1601(b), except that the Secretary housing developments: velopment by selecting applicants having in- shall establish a method for taking into con- (1) LOW-INCOME DEVELOPMENTS.—Amounts comes appropriate so that the mix of in- sideration allocation of amounts under the may be used for a low-income housing devel- comes of families occupying the development comprehensive improvement assistance pro- opment that— at any time is proportional to the income gram. (A) is owned by public housing agencies; mix in the eligible population of the jurisdic- (e) ELIGIBILITY OF UNITS ACQUIRED FROM (B) is operated as low-income rental hous- tion of the agency at such time, as adjusted PROCEEDS OF SALES UNDER DEMOLITION OR ing and produced or operated with assistance to take into consideration the severity of DISPOSITION PLAN.—If a public housing agen- provided under a grant under this title; and housing need. Any criteria established under cy uses proceeds from the sale of units under (C) is consistent with the purposes of this this subsection shall be subject to the provi- a homeownership program in accordance title. sions of subsection (c). with section 1251 to acquire additional units Any development, or portion thereof, re- (c) INCOME MIX.— to be sold to low-income families, the addi- ferred to in this paragraph for which activi- (1) PHA INCOME MIX.—Of the public housing tional units shall be counted as public hous- ties under section 1203(a)(1) are conducted dwelling units of a public housing agency ing for purposes of determining the amount using amounts from a grant under this title made available for occupancy by eligible of the allocation to the agency under this shall be maintained and used as public hous- families, not less than 35 percent shall be oc- section until sale by the agency, but in any ing for the 20-year period beginning upon the cupied by families whose incomes at the case no longer than 5 years. receipt of such grant. Any public housing de- time of occupancy do not exceed 30 percent SEC. 1205. SANCTIONS FOR IMPROPER USE OF velopment, or portion thereof, that received of the area median income, as determined by AMOUNTS. the benefit of a grant pursuant to section 14 the Secretary with adjustments for smaller (a) IN GENERAL.—In addition to any other of the United States Housing Act of 1937 and larger families, except that the Sec- actions authorized under this title, if the shall be maintained and used as public hous- retary, may for purposes of this subsection, Secretary finds pursuant to an audit under ing for the 20-year period beginning upon re- establish income ceilings higher or lower section 1541 that a public housing agency re- ceipt of such amounts. than 30 percent of the median for the area on ceiving grant amounts under this title has (2) MIXED INCOME DEVELOPMENTS.— the basis of the Secretary’s findings that failed to comply substantially with any pro- Amounts may be used for eligible activities such variations are necessary because of un- vision of this title, the Secretary may— under section 1203(a)(1) for mixed-income de- usually high or low family incomes. This (1) terminate payments under this title to velopments, which shall be a housing devel- paragraph may not be construed to create the agency; opment that— any authority on the part of any public hous- (2) withhold from the agency amounts from (A) contains dwelling units that are avail- ing agency to evict any family residing in the total allocation for the agency pursuant able for occupancy by families other than public housing solely because of the income to section 1204; low-income families; of the family or because of any noncompli- (3) reduce the amount of future grant pay- (B) contains a number of dwelling units— ance or overcompliance with the require- ments under this title to the agency by an (i) which units are made available (by mas- ment of this paragraph. amount equal to the amount of such pay- ter contract or individual lease) for occu- (2) PROHIBITION OF CONCENTRATION OF LOW- ments that were not expended in accordance pancy only by low- and very low-income fam- INCOME FAMILIES.—A public housing agency with this title; ilies identified by the public housing agency; may not, in complying with the require- (4) limit the availability of grant amounts (ii) which number is not less than a reason- ments under paragraph (1), concentrate very provided to the agency under this title to able number of units, including related low-income families (or other families with programs, projects, or activities not affected amenities, taking into account the amount relatively low incomes) in public housing by such failure to comply; of the assistance provided by the agency dwelling units in certain public housing de- (5) withhold from the agency amounts allo- compared to the total investment (including velopments or certain buildings within de- cated for the agency under title XIII; or costs of operation) in the development; velopments. The Secretary may review the (6) order other corrective action with re- (iii) which units are subject to the statu- income and occupancy characteristics of the spect to the agency. tory and regulatory requirements of the pub- public housing developments, and the build- (b) TERMINATION OF COMPLIANCE ACTION.—If lic housing program, except that the Sec- ings of such developments, of public housing the Secretary takes action under subsection retary may grant appropriate waivers to agencies to ensure compliance with the pro- (a) with respect to a public housing agency, such statutory and regulatory requirements visions of this paragraph. the Secretary shall— if reductions in funding or other changes to (3) FUNGIBILITY WITH CHOICE-BASED ASSIST- (1) in the case of action under subsection the program make continued application of ANCE.—If, during a fiscal year, a public hous- (a)(1), resume payments of grant amounts such requirements impracticable; ing agency provides choice-based housing as- under this title to the agency in the full (iv) which units are specially designated as sistance under title XIII for a number of low- amount of the total allocation under section dwelling units under this subparagraph, ex- income families, who are initially assisted 1204 for the agency at the time that the Sec- cept the equivalent units in the development by the agency in such year and have incomes retary first determines that the agency will may be substituted for designated units dur- described in section 1321(b) (relating to in- comply with the provisions of this title; ing the period the units are subject to the re- come targeting), which exceeds the number (2) in the case of action under paragraph quirements of the public housing program; of families that is required for the agency to (2), (5), or (6) of subsection (a), make with- and comply with the percentage requirement held amounts available as the Secretary con- (v) which units shall be eligible for assist- under such section 1321(b) for such fiscal siders appropriate to ensure that the agency ance under this title; and year, notwithstanding paragraph (1) of this complies with the provisions of this title; or (C) is owned by the public housing agency, subsection, the number of public housing (3) in the case of action under subsection an affiliate controlled by it, or another ap- dwelling units that the agency must other- (a)(4), release such restrictions at the time propriate entity. wise make available in accordance with such that the Secretary first determines that the Notwithstanding any other provision of this paragraph to comply with the percentage re- agency will comply with the provisions of title, to facilitate the establishment of quirement under such paragraph shall be re- this title. socioeconomically mixed communities, a duced by such excess number of families for Subtitle B—Admissions and Occupancy public housing agency that uses grant such fiscal year. Requirements amounts under this title for a mixed income (d) WAIVER OF ELIGIBILITY REQUIREMENTS SEC. 1221. LOW-INCOME HOUSING REQUIRE- development under this paragraph may, to FOR OCCUPANCY BY POLICE OFFICERS.— MENT. the extent that income from such a develop- (1) AUTHORITY AND WAIVER.—To the extent (a) PRODUCTION ASSISTANCE.—Any public ment reduces the amount of grant amounts necessary to provide occupancy in public housing produced using amounts provided used for operating or other costs relating to housing dwelling units to police officers and under a grant under this title or under the public housing, use such resulting savings to other law enforcement or security personnel July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5607 (who are not otherwise eligible for residence the contrary) a system of site-based waiting ily, the portion of such payments that is so in public housing) and to increase security lists whereby applicants may apply directly designated. for other public housing residents in develop- at or otherwise designate the development or Nothing in this paragraph may be construed ments where crime has been a problem, a developments in which they seek to reside. to require a public housing agency to charge public housing agency may, with respect to All such procedures shall comply with all a monthly rent in the maximum amount per- such units and subject to paragraph (2)— provisions of title VI of the Civil Rights Act mitted under this paragraph. (A) waive— of 1964, the Fair Housing Act, and other ap- (c) MINIMUM RENTAL AMOUNT.—Notwith- (i) the provisions of subsection (a) of this plicable civil rights laws. standing the method for rent determination section and section 1225(a); and (d) CONFIDENTIALITY FOR VICTIMS OF DO- elected by a family pursuant to subsection (ii) the applicability of— MESTIC VIOLENCE.—A public housing agency (a), each public housing agency shall require (I) any preferences for occupancy estab- shall be subject to the restrictions regarding that the monthly rent for each dwelling unit lished under section 1223; release of information relating to the iden- in public housing owned or administered by (II) the minimum rental amount estab- tity and new residence of any family in pub- the agency shall not be less than a minimum lished pursuant to section 1225(c) and any lic housing that was a victim of domestic vi- amount (which amount shall include any maximum monthly rental amount estab- olence that are applicable to shelters pursu- amount allowed for utilities), which shall be lished pursuant to section 1225(b); ant to the Family Violence Prevention and an amount determined by the agency that is (III) any criteria relating to income mix Services Act. The agency shall work with not less than $25 nor more than $50. (d) HARDSHIP PROVISIONS.— within developments established under sub- the United States Postal Service to establish (1) MINIMUM RENTAL.— section (b); procedures consistent with the confidential- (A) IN GENERAL.—Notwithstanding sub- (IV) the income mix requirements under ity provisions in the Violence Against section (c), a public housing agency shall subsection (c); and Women Act of 1994. grant an exemption from application of the (V) any other occupancy limitations or re- (e) TRANSFERS.—A public housing agency minimum monthly rental under such sub- quirements; and may apply, to each public housing resident section to any family unable to pay such (B) establish special rent requirements and seeking to transfer from one development to amount because of financial hardship, which other terms and conditions of occupancy. another development owned or operated by shall include situations in which (i) the fam- (2) CONDITIONS OF WAIVER.—A public hous- the agency, the screening procedures appli- ily has lost eligibility for or is awaiting an ing agency may take the actions authorized cable at such time to new applicants for pub- eligibility determination for a Federal, in paragraph (1) only if agency determines lic housing. State, or local assistance program, including that such actions will increase security in SEC. 1225. FAMILY CHOICE OF RENTAL PAYMENT. a family that includes a member who is an the public housing developments involved (a) RENTAL CONTRIBUTION BY RESIDENT.—A alien lawfully admitted for permanent resi- and will not result in a significant reduction family residing in a public housing dwelling dence under the Immigration and National- of units available for residence by low-in- shall pay as monthly rent for the unit the ity Act who would be entitled to public bene- come families. amount determined under paragraph (1) or fits but for title IV of the Personal Respon- SEC. 1223. PREFERENCES FOR OCCUPANCY. (2) of subsection (b), subject to the require- sibility and Work Opportunity Reconcili- (a) AUTHORITY TO ESTABLISH.—Each public ment under subsection (c). Each public hous- ation Act of 1996; (ii) the family would be housing agency may establish a system for ing agency shall provide for each family re- evicted as a result of the imposition of the making dwelling units in public housing siding in a public housing dwelling unit minimum rent requirement under subsection available for occupancy that provides pref- owned or administered by the agency to (c); (iii) the income of the family has de- erence for such occupancy to families having elect annually whether the rent paid by such creased because of changed circumstance, in- certain characteristics. family shall be determined under paragraph cluding loss of employment; and (iv) a death (b) CONTENT.—Each system of preferences (1) or (2) of subsection (b). in the family has occurred; and other situa- established pursuant to this section shall be (b) ALLOWABLE RENT STRUCTURES.— tions as may be determined by the agency. based upon local housing needs and prior- (1) FLAT RENTS.—Each public housing agen- (B) WAITING PERIOD.—If a resident requests ities, as determined by the public housing cy shall establish, for each dwelling unit in a hardship exemption under this paragraph agency using generally accepted data public housing owned or administered by the and the public housing agency reasonably de- sources, including any information obtained agency, a flat rental amount for the dwelling termines the hardship to be of a temporary pursuant to an opportunity for public com- unit, which shall— nature, an exemption shall not be granted ment as provided under section 1106(e) and (A) be based on the rental value of the during the 90-day period beginning upon the under the requirements applicable to the unit, as determined by the public housing making of a request for the exemption. A comprehensive housing affordability strat- agency; and resident may not be evicted during such 90- egy for the relevant jurisdiction. (B) be designed in accordance with sub- day period for nonpayment of rent. In such a (c) SENSE OF THE CONGRESS.—It is the sense section (e) so that the rent structures do not case, if the resident thereafter demonstrates of the Congress that, to the greatest extent create a disincentive for continued residency that the financial hardship is of a long-term practicable, public housing agencies involved in public housing by families who are at- basis, the agency shall retroactively exempt in the selection of tenants under the provi- tempting to become economically self-suffi- the resident from the applicability of the sions of this title should adopt preferences cient through employment or who have at- minimum rent requirement for such 90-day for individuals who are victims of domestic tained a level of self-sufficiency through period. violence. their own efforts. (2) SWITCHING RENT DETERMINATION METH- SEC. 1224. ADMISSION PROCEDURES. The rental amount for a dwelling unit shall ODS.—Notwithstanding subsection (a), in the (a) ADMISSION REQUIREMENTS.—A public be considered to comply with the require- case of a family that has elected to pay rent housing agency shall ensure that each family ments of this paragraph if such amount does in the amount determined under subsection residing in a public housing development not exceed the actual monthly costs to the (b)(1), a public housing agency shall provide owned or administered by the agency is ad- public housing agency attributable to pro- for the family to pay rent in the amount de- mitted in accordance with the procedures es- viding and operating the dwelling unit. The termined under subsection (b)(2) during the tablished under this title by the agency and preceding sentence may not be construed to period for which such election was made if the income limits under section 1222. require establishment of rental amounts the family is unable to pay the amount de- (b) NOTIFICATION OF APPLICATION DECI- equal to or based on operating costs or to termined under subsection (b)(1) because of SIONS.—A public housing agency shall estab- prevent public housing agencies from devel- financial hardship, including— lish procedures designed to provide for noti- oping flat rents required under this para- (A) situations in which the income of the fication to an applicant for admission to graph in any other manner that may comply family has decreased because of changed cir- public housing of the determination with re- with this paragraph. cumstances, loss of reduction of employ- spect to such application, the basis for the (2) INCOME-BASED RENTS.—The monthly ment, death in the family, and reduction in determination, and, if the applicant is deter- rental amount determined under this para- or loss of income or other assistance; mined to be eligible for admission, the pro- graph for a family shall be an amount, deter- (B) an increase, because of changed cir- jected date of occupancy (to the extent such mined by the public housing agency, that cumstances, in the family’s expenses for— date can reasonably be determined). If an does not exceed the greatest of the following (i) medical costs; agency denies an applicant admission to pub- amounts (rounded to the nearest dollar): (ii) child care; lic housing, the agency shall notify the ap- (A) 30 percent of the monthly adjusted in- (iii) transportation; plicant that the applicant may request an in- come of the family. (iv) education; or formal hearing on the denial within a rea- (B) 10 percent of the monthly income of the (v) similar items; and sonable time of such notification. family. (C) such other situations as may be deter- (c) SITE-BASED WAITING LISTS.—A public (C) If the family is receiving payments for mined by the agency. housing agency may establish procedures for welfare assistance from a public agency and (e) ENCOURAGEMENT OF SELF-SUFFI- maintaining waiting lists for admissions to a part of such payments, adjusted in accord- CIENCY.—The rental policy developed by each public housing developments of the agency, ance with the actual housing costs of the public housing agency shall encourage and which may include (notwithstanding any family, is specifically designated by such reward employment and economic self-suffi- other law, regulation, handbook, or notice to agency to meet the housing costs of the fam- ciency. H5608 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(f) INCOME REVIEWS.—Each public housing (C) the period of time provided under the affordability strategy under section 105 of agency shall review the income of each fam- applicable law of the jurisdiction, in any the Cranston-Gonzalez National Affordable ily occupying a dwelling unit in public hous- other case; Housing Act; or ing owned or administered by the agency not (4) contain the provisions required under (B) to meet the housing needs of the low- less than annually, except that, in the case sections 1642 and 1643 (relating to limitations income population of the jurisdiction; and of families that are paying rent in the on occupancy in federally assisted housing); (2) includes a description of— amount determined under subsection (b)(1), and (A) the development (or portion of a devel- the agency shall review the income of such (5) specify that, with respect to any notice opment) to be designated; family not less than once every 3 years. of eviction or termination, notwithstanding (B) the types of tenants for which the de- (g) DISALLOWANCE OF EARNED INCOME FROM any State law, a public housing resident velopment is to be designated; RENT DETERMINATIONS.— shall be informed of the opportunity, prior to (C) any supportive services to be provided (1) IN GENERAL.—Notwithstanding any any hearing or trial, to examine any rel- to tenants of the designated development (or other provision of law, the rent payable evant documents, records or regulations di- portion); under this section by a family whose income rectly related to the eviction or termination. (D) how the design and related facilities (as increases as a result of employment of a SEC. 1227. DESIGNATED HOUSING FOR ELDERLY such term is defined in section 202(d)(8) of member of the family who was previously AND DISABLED FAMILIES. the Housing Act of 1959) of the development unemployed for 1 or more years (including a (a) AUTHORITY TO PROVIDE DESIGNATED accommodate the special environmental family whose income increases as a result of HOUSING.— needs of the intended occupants; and the participation of a family member in any (1) IN GENERAL.—Subject only to provisions (E) any plans to secure additional re- family self-sufficiency or other job training of this section and notwithstanding any sources or housing assistance to provide as- program) may not be increased as a result of other provision of law, a public housing sistance to families that may have been the increased income due to such employ- agency for which the information required housed if occupancy in the development were ment during the 18-month period beginning under subsection (d) is in effect may provide not restricted pursuant to this section. on the date on which the employment is public housing developments (or portions of For purposes of this subsection, the term commenced. developments) designated for occupancy by ‘‘supportive services’’ means services de- (2) PHASE-IN OF RENT INCREASES.—After the (A) only elderly families, (B) only disabled signed to meet the special needs of residents. expiration of the 18-month period referred to families, or (C) elderly and disabled families. Notwithstanding section 1107, the Secretary in paragraph (1), rent increases due to the (2) PRIORITY FOR OCCUPANCY.—In determin- may approve a local housing management continued employment of the family member ing priority for admission to public housing plan without approving the portion of the described in paragraph (1) shall be phased in developments (or portions of developments) plan covering designation of a development over a subsequent 3-year period. that are designated for occupancy as pro- pursuant to this section. (3) TRANSITION.—Notwithstanding the pro- vided in paragraph (1), the public housing (e) EFFECTIVENESS.— visions of paragraphs (1) and (2), any resident agency may make units in such develop- (1) INITIAL 5-YEAR EFFECTIVENESS.—The in- of public housing participating in the pro- ments (or portions) available only to the formation required under subsection (d) shall gram under the authority contained in the types of families for whom the development be in effect for purposes of this section dur- undesignated paragraph at the end of section is designated. ing the 5-year period that begins upon notifi- 3(c)(3) of the United States Housing Act of (3) ELIGIBILITY OF NEAR-ELDERLY FAMI- cation under section 1107(a) of the public 1937 (as in effect before the effective date of LIES.—If a public housing agency determines housing agency that the information com- the repeal under section 1601(b) of this Act) that there are insufficient numbers of elder- plies with the requirements under section shall be governed by such authority after ly families to fill all the units in a develop- 1106 and this section. such date. ment (or portion of a development) des- (2) RENEWAL.—Upon the expiration of the (h) PHASE-IN OF RENT CONTRIBUTION IN- 5-year period under paragraph (1) or any 2- CREASES AFTER EFFECTIVE DATE.— ignated under paragraph (1) for occupancy by only elderly families, the agency may pro- year period under this paragraph, an agency (1) IN GENERAL.—Except as provided in may extend the effectiveness of the designa- paragraph (2), for any family residing in a vide that near-elderly families may occupy dwelling units in the development (or por- tion and information for an additional 2-year dwelling unit in public housing upon the ef- period (that begins upon such expiration) by fective date of this division, if the monthly tion). (b) STANDARDS REGARDING EVICTIONS.—Ex- submitting to the Secretary any information contribution for rental of an assisted dwell- cept as provided in subtitle C of title XVI, needed to update the information. The Sec- ing unit to be paid by the family upon initial any tenant who is lawfully residing in a retary may not limit the number of times a applicability of this title is greater than the dwelling unit in a public housing develop- public housing agency extends the effective- amount paid by the family under the provi- ment may not be evicted or otherwise re- ness of a designation and information under sions of the United States Housing Act of quired to vacate such unit because of the this paragraph. 1937 immediately before such applicability, designation of the development (or portion of (3) TREATMENT OF EXISTING PLANS.—Not- any such resulting increase in rent contribu- a development) pursuant to this section or withstanding any other provision of this sec- tion shall be— because of any action taken by the Secretary tion, a public housing agency shall be consid- (A) phased in equally over a period of not or any public housing agency pursuant to ered to have submitted the information re- less than 3 years, if such increase is 30 per- this section. quired under this section if the agency has cent or more of such contribution before ini- (c) RELOCATION ASSISTANCE.—A public submitted to the Secretary an application tial applicability; and housing agency that designates any existing and allocation plan under section 7 of the (B) limited to not more than 10 percent per development or building, or portion thereof, United States Housing Act of 1937 (as in ef- year if such increase is more than 10 percent for occupancy as provided under subsection fect before the effective date of the repeal but less than 30 percent of such contribution (a)(1) shall provide, to each person and fam- under section 1601(b) of this Act) that has before initial applicability. ily who agrees to be relocated in connection not been approved or disapproved before such (2) EXCEPTION.—The minimum rental with such designation— effective date. amount under subsection (c) shall apply to (1) notice of the designation and an expla- (4) TRANSITION PROVISION.—Any application each family described in paragraph (1) of this nation of available relocation benefits, as and allocation plan approved under section 7 subsection, notwithstanding such paragraph. soon as is practicable for the agency and the of the United States Housing Act of 1937 (as SEC. 1226. LEASE REQUIREMENTS. person or family; in effect before the effective date of the re- In renting dwelling units in a public hous- (2) access to comparable housing (including peal under section 1601(b) of this Act) before ing development, each public housing agency appropriate services and design features), such effective date shall be considered to be shall utilize leases that— which may include choice-based rental hous- the information required to be submitted (1) do not contain unreasonable terms and ing assistance under title XIII, at a rental under this section and that is in effect for conditions; rate paid by the tenant that is comparable to purposes of this section for the 5-year period (2) obligate the public housing agency to that applicable to the unit from which the beginning upon such approval. maintain the development in compliance person or family has vacated; and (f) INAPPLICABILITY OF UNIFORM RELOCA- with the housing quality requirements under (3) payment of actual, reasonable moving TION ASSISTANCE AND REAL PROPERTY ACQUI- section 1232; expenses. SITIONS POLICY ACT OF 1970.—No resident of a (3) require the public housing agency to (d) REQUIRED INCLUSIONS IN LOCAL HOUSING public housing development shall be consid- give adequate written notice of termination MANAGEMENT PLAN.—A public housing agen- ered to be displaced for purposes of the Uni- of the lease, which shall not be less than— cy may designate a development (or portion form Relocation Assistance and Real Prop- (A) the period provided under the applica- of a development) for occupancy under sub- erty Acquisitions Policy Act of 1970 because ble law of the jurisdiction or 14 days, which- section (a)(1) only if the agency, as part of of the designation of any existing develop- ever is less, in the case of nonpayment of the agency’s local housing management ment or building, or portion thereof, for oc- rent; plan— cupancy as provided under subsection (a) of (B) a reasonable period of time, but not to (1) establishes that the designation of the this section. exceed 14 days, when the health or safety of development is necessary— (g) USE OF AMOUNTS.—Any amounts appro- other residents or public housing agency em- (A) to achieve the housing goals for the ju- priated pursuant to section 10(b) of the Hous- ployees is threatened; and risdiction under the comprehensive housing ing Opportunity Program Extension Act of July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5609 1996 (Public Law 104–120) may also be used, to upon the request of the Secretary, the In- (A) is nonprofit in character; the extent or in such amounts as are or have spector General for the Department of Hous- (B) is organized under the laws of the State been provided in advance in appropriation ing and Urban Development, or any auditor in which the development is located; Acts, for choice-based rental housing assist- conducting an audit under section 1541, shall (C) has as its sole voting members the resi- ance under title XIII for public housing agen- make such results available. dents of the development; and cies to implement this section. SEC. 1233. EMPLOYMENT OF RESIDENTS. (D) is established by the resident council Subtitle C—Management Section 3 of the Housing and Urban Devel- for the development or, if there is not a resi- dent council, by a majority of the households SEC. 1231. MANAGEMENT PROCEDURES. opment Act of 1968 (12 U.S.C. 1701u) is amend- of the development. (a) SOUND MANAGEMENT.—A public housing ed— agency that receives grant amounts under (1) in subsection (c)(1)— SEC. 1235. MANAGEMENT BY RESIDENT MANAGE- MENT CORPORATION. this title shall establish and comply with (A) in subparagraph (A)— (a) AUTHORITY.—A public housing agency procedures and practices sufficient to ensure (i) by striking ‘‘public and Indian housing may enter into a contract under this section that the public housing developments owned agencies’’ and inserting ‘‘public housing with a resident management corporation to or administered by the agency are operated agencies and recipients of grants under the Native American Housing Assistance and provide for the management of public hous- in a sound manner. ing developments by the corporation. (b) ACCOUNTING SYSTEM FOR RENTAL COL- Self-Determination Act of 1996’’; and (ii) by striking ‘‘development assistance’’ (b) CONTRACT.—A contract under this sec- LECTIONS AND COSTS.— tion for management of public housing de- and all that follows through the end and in- (1) ESTABLISHMENT.—Each public housing velopments by a resident management cor- serting ‘‘assistance provided under title XII agency that receives grant amounts under poration shall establish the respective man- of the Housing Opportunity and Responsibil- this title shall establish and maintain a sys- agement rights and responsibilities of the ity Act of 1997 and used for the housing pro- tem of accounting for rental collections and corporation and the public housing agency. duction, operation, or capital needs.’’; and costs (including administrative, utility, The contract shall be consistent with the re- (B) in subparagraph (B)(ii), by striking maintenance, repair, and other operating quirements of this division applicable to ‘‘managed by the public or Indian housing costs) for each project and operating cost public housing development and may include agency’’ and inserting ‘‘assisted by the pub- center (as determined by the Secretary). specific terms governing management per- lic housing agency or the recipient of a grant (2) ACCESS TO RECORDS.—Each public hous- sonnel and compensation, access to public ing agency shall make available to the gen- under the Native American Housing Assist- housing records, submission of and adher- eral public the information required pursu- ance and Self-Determination Act of 1996’’; ence to budgets, rent collection procedures, ant to paragraph (1) regarding collections (2) in subsection (d)(1)— resident income verification, resident eligi- and costs. (A) in subparagraph (A)— bility determinations, resident eviction, the (3) EXEMPTION.—The Secretary may permit (i) by striking ‘‘public and Indian housing acquisition of supplies and materials and authorities owning or operating fewer than agencies’’ and inserting ‘‘public housing such other matters as may be appropriate. 500 dwelling units to comply with the re- agencies and recipients of grants under the The contract shall be treated as a contract- quirements of this subsection by accounting Native American Housing Assistance and ing out of services. on an agency-wide basis. Self-Determination Act of 1996’’; and (c) BONDING AND INSURANCE.—Before as- (c) MANAGEMENT BY OTHER ENTITIES.—Ex- (ii) by striking ‘‘development assistance’’ suming any management responsibility for a cept as otherwise provided under this divi- and all that follows through ‘‘section 14 of public housing development, the resident sion, a public housing agency may contract that Act’’ and inserting ‘‘assistance provided management corporation shall provide fidel- with any other entity to perform any of the under title XII of the Housing Opportunity ity bonding and insurance, or equivalent pro- management functions for public housing and Responsibility Act of 1997 and used for tection. Such bonding and insurance, or its owned or operated by the public housing the housing production, operation, or capital equivalent, shall be adequate to protect the agency. needs’’; and Secretary and the public housing agency SEC. 1232. HOUSING QUALITY REQUIREMENTS. (B) in subparagraph (B)(ii), by striking against loss, theft, embezzlement, or fraudu- (a) IN GENERAL.—Each public housing ‘‘operated by the public or Indian housing lent acts on the part of the resident manage- agency that receives grant amounts under agency’’ and inserting ‘‘assisted by the pub- ment corporation or its employees. this division shall maintain its public hous- lic housing agency or the recipient of a grant (d) BLOCK GRANT ASSISTANCE AND INCOME.— ing in a condition that complies— under the Native American Housing Assist- A contract under this section shall provide (1) in the case of public housing located in ance and Self-Determination Act of 1996’’; for— a jurisdiction which has in effect laws, regu- (3) in subsections (c)(1)(A) and (d)(1)(A), by (1) the public housing agency to provide a lations, standards, or codes regarding habit- striking ‘‘make their best efforts,’’ each portion of the block grant assistance under ability of residential dwellings, with such ap- place it appears and inserting ‘‘to the maxi- this title to the resident management cor- plicable laws, regulations, standards, or mum extent that is possible and’’; poration for purposes of operating the public codes; or (4) in subsection (c)(1)(A), by striking ‘‘to housing development covered by the con- (2) in the case of public housing located in give’’ and inserting ‘‘give’’; and tract and performing such other eligible ac- a jurisdiction which does not have in effect (5) in subsection (d)(1)(A), by striking ‘‘to tivities with respect to the development as laws, regulations, standards, or codes de- award’’ and inserting ‘‘award’’. may be provided under the contract; scribed in paragraph (1), with the housing SEC. 1234. RESIDENT COUNCILS AND RESIDENT (2) the amount of income expected to be de- quality standards established under sub- MANAGEMENT CORPORATIONS. rived from the development itself (from section (b). (a) RESIDENT COUNCILS.—The residents of a sources such as rents and charges); (b) FEDERAL HOUSING QUALITY STAND- public housing development may establish a (3) the amount of income to be provided to ARDS.—The Secretary shall establish housing resident council for the development for pur- the development from the other sources of quality standards under this subsection that poses of consideration of issues relating to income of the public housing agency (such as ensure that public housing dwelling units are residents, representation of resident inter- interest income, administrative fees, and safe, clean, and healthy. Such standards ests, and coordination and consultation with rents); and shall include requirements relating to habit- a public housing agency. A resident council (4) any income generated by a resident ability, including maintenance, health and shall be an organization or association management corporation of a public housing sanitation factors, condition, and construc- that— development that exceeds the income esti- tion of dwellings, and shall, to the greatest (1) is nonprofit in character; mated under the contract shall be used for extent practicable, be consistent with the (2) is representative of the residents of the eligible activities under section 1203(a). standards established under section 1328(c). eligible housing; (e) CALCULATION OF TOTAL INCOME.— The Secretary shall differentiate between (3) adopts written procedures providing for (1) MAINTENANCE OF SUPPORT.—Subject to major and minor violations of such stand- the election of officers on a regular basis; paragraph (2), the amount of assistance pro- ards. and vided by a public housing agency to a public (c) DETERMINATIONS.—Each public housing (4) has a democratically elected governing housing development managed by a resident agency providing housing assistance shall board, which is elected by the residents of management corporation may not be reduced identify, in the local housing management the eligible housing on a regular basis. during the 3-year period beginning on the plan of the agency, whether the agency is (b) RESIDENT MANAGEMENT CORPORA- date on which the resident management cor- utilizing the standard under paragraph (1) or TIONS.— poration is first established for the develop- (2) of subsection (a). (1) ESTABLISHMENT.—The residents of a ment. (d) ANNUAL INSPECTIONS.—Each public public housing development may establish a (2) REDUCTIONS AND INCREASES IN SUP- housing agency that owns or operates public resident management corporation for the PORT.—If the total income of a public hous- housing shall make an annual inspection of purpose of assuming the responsibility for ing agency is reduced or increased, the in- each public housing development to deter- the management of the development under come provided by the public housing agency mine whether units in the development are section 1235 or purchasing a development. to a public housing development managed by maintained in accordance with the require- (2) REQUIREMENTS.—A resident manage- a resident management corporation shall be ments under subsection (a). The agency shall ment corporation shall be a corporation reduced or increased in proportion to the re- retain the results of such inspections and, that— duction or increase in the total income of H5610 CONGRESSIONAL RECORD — HOUSE July 15, 1998 the agency, except that any reduction in the approved local housing management plan transfer of management is requested under block grant amounts under this title to the applicable to the housing and shall submit this section. The term includes one or more agency that occurs as a result of fraud, such information to the public housing agen- contiguous buildings and an area of contig- waste, or mismanagement by the agency cy from which management was transferred uous row houses, but in the case of a single shall not affect the amount provided to the as may be necessary for such agency to pre- building, the building shall be sufficiently resident management corporation. pare and update its local housing manage- separable from the remainder of the develop- SEC. 1236. TRANSFER OF MANAGEMENT OF CER- ment plan. ment of which it is part to make transfer of TAIN HOUSING TO INDEPENDENT (e) DEMOLITION AND DISPOSITION BY MAN- the management of the building feasible for MANAGER AT REQUEST OF RESI- AGER.—A manager under this section may purposes of this section. DENTS. demolish or dispose of specified housing only SEC. 1237. RESIDENT OPPORTUNITY PROGRAM. (a) AUTHORITY.—The Secretary may trans- if, and in the manner, provided for in the (a) PURPOSE.—The purpose of this section fer the responsibility and authority for man- local housing management plan for the agen- is to encourage increased resident manage- agement of specified housing (as such term is cy transferring management of the housing. ment of public housing developments, as a defined in subsection (h)) from a public hous- (f) LIMITATION ON PHA LIABILITY.—A public ing agency to an eligible management en- housing agency that is not a manager for means of improving existing living condi- tity, in accordance with the requirements of specified housing shall not be liable for any tions in public housing developments, by this section, if— act or failure to act by a manager or resident providing increased flexibility for public (1) such housing is owned or operated by a council for the specified housing. housing developments that are managed by public housing agency that is designated as a (g) TREATMENT OF MANAGER.—To the ex- residents by— troubled agency under section 1533(a); and tent not inconsistent with this section and (1) permitting the retention, and use for (2) the Secretary determines that— to the extent the Secretary determines not certain purposes, of any revenues exceeding (A) such housing has deferred mainte- inconsistent with the purposes of this divi- operating and project costs; and nance, physical deterioration, or obsoles- sion, a manager of specified housing under (2) providing funding, from amounts other- cence of major systems and other defi- this section shall be considered to be a public wise available, for technical assistance to ciencies in the physical plant of the project; housing agency for purposes of this title. promote formation and development of resi- (B) such housing is occupied predomi- (h) DEFINITIONS.—For purposes of this sec- dent management entities. nantly by families with children who are in tion, the following definitions shall apply: For purposes of this section, the term ‘‘pub- a severe state of distress, characterized by (1) ELIGIBLE MANAGEMENT ENTITY.—The lic housing development’’ includes one or such factors as high rates of unemployment, term ‘‘eligible management entity’’ means, more contiguous buildings or an area of con- teenage pregnancy, single-parent house- with respect to any public housing develop- tiguous row houses the elected resident holds, long-term dependency on public as- ment, any of the following entities: councils of which approve the establishment sistance and minimal educational achieve- (A) NONPROFIT ORGANIZATION.—A public or of a resident management corporation and ment; private nonprofit organization, which shall— otherwise meet the requirements of this sec- (C) such housing is located in an area such (i) include a resident management corpora- tion. that the housing is subject to recurrent van- tion or resident management organization (b) PROGRAM REQUIREMENTS.— dalism and criminal activity (including and, as determined by the Secretary, a pub- (1) RESIDENT COUNCIL.—As a condition of drug-related criminal activity); and lic or private nonprofit organization spon- entering into a resident opportunity pro- (D) the residents can demonstrate that the sored by the public housing agency that gram, the elected resident council of a public elements of distress for such housing speci- owns the development; and housing development shall approve the es- fied in subparagraphs (A) through (C) can be (ii) not include the public housing agency tablishment of a resident management cor- remedied by an entity that has a dem- that owns the development. poration that complies with the require- onstrated capacity to manage, with reason- (B) FOR-PROFIT ENTITY.—A for-profit entity ments of section 1234(b)(2). When such ap- able expenses for modernization. that has demonstrated experience in provid- proval is made by the elected resident coun- Such a transfer may be made only as pro- ing low-income housing. cil of a building or row house area, the resi- vided in this section, pursuant to the ap- (C) STATE OR LOCAL GOVERNMENT.—A State dent opportunity program shall not interfere proval by the Secretary of a request for the or local government, including an agency or with the rights of other families residing in transfer made by a majority vote of the resi- instrumentality thereof. the development or harm the efficient oper- dents for the specified housing, after con- (D) PUBLIC HOUSING AGENCY.—A public ation of the development. The resident man- sultation with the public housing agency for housing agency (other than the public hous- agement corporation and the resident coun- the specified housing. ing agency that owns the development). cil may be the same organization, if the or- (b) BLOCK GRANT ASSISTANCE.—Pursuant to The term does not include a resident council. ganization complies with the requirements a contract under subsection (c), the Sec- (2) MANAGER.—The term ‘‘manager’’ means applicable to both the corporation and coun- retary shall require the public housing agen- any eligible management entity that has en- cil. cy for specified housing to provide to the tered into a contract under this section with (2) PUBLIC HOUSING MANAGEMENT SPECIAL- manager for the housing, from any block the Secretary for the management of speci- IST.—The resident council of a public hous- grant amounts under this title for the agen- fied housing. ing development, in cooperation with the cy, fair and reasonable amounts for operat- (3) NONPROFIT.—The term ‘‘nonprofit’’ public housing agency, shall select a quali- ing costs for the housing. The amount made means, with respect to an organization, asso- fied public housing management specialist to available under this subsection to a manager ciation, corporation, or other entity, that no assist in determining the feasibility of, and shall be determined by the Secretary based part of the net earnings of the entity inures to help establish, a resident management on the share for the specified housing of the to the benefit of any member, founder, con- corporation and to provide training and total block grant amounts for the public tributor, or individual. other duties agreed to in the daily oper- housing agency transferring the housing, (4) PRIVATE NONPROFIT ORGANIZATION.—The ations of the development. taking into consideration the operating and term ‘‘private nonprofit organization’’ (3) MANAGEMENT RESPONSIBILITIES.—A resi- capital improvement needs of the specified means any private organization (including a dent management corporation that qualifies housing, the operating and capital improve- State or locally chartered organization) under this section, and that supplies insur- ment needs of the remaining public housing that— ance and bonding or equivalent protection units managed by the public housing agency, (A) is incorporated under State or local sufficient to the Secretary and the public and the local housing management plan of law; housing agency, shall enter into a contract such agency. (B) is nonprofit in character; with the agency establishing the respective (c) CONTRACT BETWEEN SECRETARY AND (C) complies with standards of financial ac- management rights and responsibilities of MANAGER.— countability acceptable to the Secretary; the corporation and the agency. The con- (1) REQUIREMENTS.—Pursuant to the ap- and tract shall be treated as a contracting out of proval of a request under this section for (D) has among its purposes significant ac- services and shall be subject to the require- transfer of the management of specified tivities related to the provision of decent ments under section 1235 for such contracts. housing, the Secretary shall enter into a housing that is affordable to low-income (4) ANNUAL AUDIT.—The books and records contract with the eligible management en- families. of a resident management corporation oper- tity. (5) PUBLIC HOUSING AGENCY.—The term ating a public housing development shall be (2) TERMS.— A contract under this sub- ‘‘public housing agency’’ has the meaning audited annually by a certified public ac- section shall contain provisions establishing given such term in section 1103(a). countant. A written report of each such the rights and responsibilities of the man- (6) PUBLIC NONPROFIT ORGANIZATION.—The audit shall be forwarded to the public hous- ager with respect to the specified housing term ‘‘public nonprofit organization’’ means ing agency and the Secretary. and the Secretary and shall be consistent any public entity that is nonprofit in char- (c) COMPREHENSIVE IMPROVEMENT ASSIST- with the requirements of this division appli- acter. ANCE.—Public housing developments man- cable to public housing developments. (7) SPECIFIED HOUSING.—The term ‘‘speci- aged by resident management corporations (d) COMPLIANCE WITH LOCAL HOUSING MAN- fied housing’’ means a public housing devel- may be provided with modernization assist- AGEMENT PLAN.—A manager of specified opment or developments, or a portion of a ance from grant amounts under this title for housing under this section shall comply with development or developments, for which the purposes of renovating such developments. If July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5611 such renovation activities (including the public housing agencies or other qualified or- shall approve or disapprove such portion not planning and architectural design of the re- ganizations as contract administrators with later than 60 days after the submission of habilitation) are administered by a resident respect to financial assistance provided such portion. management corporation, the public housing under this paragraph. (b) PARTICIPATING UNITS.—A program agency involved may not retain, for any ad- (2) LIMITATION ON ASSISTANCE.—The finan- under this section may cover any existing ministrative or other reason, any portion of cial assistance provided under this sub- public housing dwelling units or projects, the assistance provided pursuant to this sub- section with respect to any public housing and may include other dwelling units and section unless otherwise provided by con- development may not exceed $100,000. housing owned, operated, or assisted, or oth- tract. (3) PROHIBITION.—A resident management erwise acquired for use under such program, (d) WAIVER OF FEDERAL REQUIREMENTS.— corporation or resident council may not, be- by the public housing agency. (1) WAIVER OF REGULATORY REQUIRE- fore the award to the corporation or council (c) ELIGIBLE PURCHASERS.— MENTS.—Upon the request of any resident of a grant amount under this subsection, (1) LOW-INCOME REQUIREMENT.—Only low- management corporation and public housing enter into any contract or other agreement income families assisted by a public housing agency, and after notice and an opportunity with any entity to provide such entity with agency, other low-income families, and enti- to comment is afforded to the affected resi- amounts from the grant for providing tech- ties formed to facilitate such sales by pur- dents, the Secretary may waive (for both the nical assistance or carrying out other activi- chasing units for resale to low-income fami- resident management corporation and the ties eligible for assistance with amounts lies shall be eligible to purchase housing public housing agency) any requirement es- under this subsection. Any such agreement under a homeownership program under this tablished by the Secretary (and not specified entered into in violation of this paragraph section. in any statute) that the Secretary deter- shall be void and unenforceable. (2) OTHER REQUIREMENTS.—A public hous- mines to unnecessarily increase the costs or (4) FUNDING.—Of any amounts made avail- ing agency may establish other requirements restrict the income of a public housing de- able under section 1282(1) for use under the or limitations for families to purchase hous- velopment. capital fund, the Secretary may use to carry ing under a homeownership program under (2) WAIVER TO PERMIT EMPLOYMENT.—Upon out this subsection $15,000,000 for fiscal year this section, including requirements or limi- the request of any resident management cor- 1998. tations regarding employment or participa- poration, the Secretary may, subject to ap- (5) LIMITATION REGARDING ASSISTANCE tion in employment counseling or training plicable collective bargaining agreements, UNDER HOPE GRANT PROGRAM.—The Secretary activities, criminal activity, participation in permit residents of such development to vol- may not provide financial assistance under homeownership counseling programs, evi- unteer a portion of their labor. this subsection to any resident management dence of regular income, and other require- (3) EXCEPTIONS.—The Secretary may not corporation or resident council with respect ments. In the case of purchase by an entity waive under this subsection any requirement to which assistance for the development or for resale to low-income families, the entity with respect to income eligibility for pur- formation of such entity is provided under shall sell the units to low-income families poses of section 1222, family rental payments title III of the United States Housing Act of within 5 years from the date of its acquisi- under section 1225, tenant or applicant pro- 1937 (as in effect before the effective date of tion of the units. The entity shall use any tections, employee organizing rights, or the repeal under section 1601(b) of this Act). net proceeds from the resale and from man- rights of employees under collective bargain- (6) TECHNICAL ASSISTANCE AND CLEARING- aging the units, as determined in accordance ing agreements. HOUSE.—The Secretary may use up to 10 per- with guidelines of the Secretary, for housing (e) OPERATING ASSISTANCE AND DEVELOP- cent of the amount made available pursuant purposes, such as funding resident organiza- MENT INCOME.— to paragraph (4)— tions and reserves for capital replacements. (1) CALCULATION OF OPERATING SUBSIDY.— (A) to provide technical assistance, di- (d) FINANCING AND ASSISTANCE.—A home- The grant amounts received under this title ownership program under this section may by a public housing agency used for operat- rectly or by grant or contract, and (B) to receive, collect, process, assemble, provide financing for acquisition of housing ing fund activities under section 1203(a)(2) by families purchasing under the program or and disseminate information, that are allocated to a public housing devel- by the public housing agency for sale under in connection with activities under this sub- opment managed by a resident management this program in any manner considered ap- section. corporation shall not be less than per unit propriate by the agency (including sale to a (g) ASSESSMENT AND REPORT BY SEC- monthly amount of such assistance used by resident management corporation). RETARY.—Not later than 3 years after the the public housing agency in the previous (e) DOWNPAYMENT REQUIREMENT.— date of the enactment of this Act, the Sec- year, as determined on an individual devel- (1) IN GENERAL.—Each family purchasing retary shall— opment basis. housing under a homeownership program (1) conduct an evaluation and assessment (2) CONTRACT REQUIREMENTS.—Any con- under this section shall be required to pro- of resident management, and particularly of tract for management of a public housing de- vide from its own resources a downpayment the effect of resident management on living velopment entered into by a public housing in connection with any loan for acquisition conditions in public housing; and agency and a resident management corpora- of the housing, in an amount determined by (2) submit to the Congress a report setting tion shall specify the amount of income ex- the public housing agency. Except as pro- forth the findings of the Secretary as a re- pected to be derived from the development vided in paragraph (2), the agency shall per- sult of the evaluation and assessment and in- itself (from sources such as rents and mit the family to use grant amounts, gifts cluding any recommendations the Secretary charges) and the amount of income funds to from relatives, contributions from private determines to be appropriate. be provided to the development from the sources, and similar amounts as downpay- (h) APPLICABILITY.—Any management con- other sources of income of the agency (such ment amounts in such purchase, tract between a public housing agency and a as assistance for operating activities under (2) DIRECT FAMILY CONTRIBUTION.—In pur- resident management corporation that is en- section 1203(a)(2), interest income, adminis- chasing housing pursuant to this section, tered into after the date of the enactment of trative fees, and rents). each family shall contribute an amount of the Stewart B. McKinney Homeless Assist- (f) RESIDENT MANAGEMENT TECHNICAL AS- the downpayment, from resources of the ance Amendments Act of 1988 shall be sub- SISTANCE AND TRAINING.— family other than grants, gifts, contribu- ject to this section and any regulations (1) FINANCIAL ASSISTANCE.—To the extent tions, or other similar amounts referred to issued to carry out this section. budget authority is available under this in paragraph (1), that is not less than 1 per- title, the Secretary shall provide financial Subtitle D—Homeownership cent of the purchase price. assistance to resident management corpora- SEC. 1251. RESIDENT HOMEOWNERSHIP PRO- (f) OWNERSHIP INTERESTS.—A homeowner- tions or resident councils that obtain, by GRAMS. ship program under this section may provide contract or otherwise, technical assistance (a) IN GENERAL.—A public housing agency for sale to the purchasing family of any own- for the development of resident management may carry out a homeownership program in ership interest that the public housing agen- entities, including the formation of such en- accordance with this section and the local cy considers appropriate under the program, tities, the development of the management housing management plan of the agency to including ownership in fee simple, a con- capability of newly formed or existing enti- make public housing dwelling units, public dominium interest, an interest in a limited ties, the identification of the social support housing developments, and other housing dividend cooperative, a shared appreciation needs of residents of public housing develop- projects available for purchase by low-in- interest with a public housing agency provid- ments, and the securing of such support. In come families. An agency may transfer a ing financing. addition, the Secretary may provide finan- unit only pursuant to a homeownership pro- (g) RESALE.— cial assistance to resident management cor- gram approved by the Secretary. Notwith- (1) AUTHORITY AND LIMITATION.—A home- porations or resident councils for activities standing section 1107, the Secretary may ap- ownership program under this section shall sponsored by resident organizations for eco- prove a local housing management plan permit the resale of a dwelling unit pur- nomic uplift, such as job training, economic without approving the portion of the plan re- chased under the program by an eligible fam- development, security, and other self-suffi- garding a homeownership program pursuant ily, but shall provide such limitations on re- ciency activities beyond those related to the to this section. In the case of the portion of sale as the agency considers appropriate management of public housing. The Sec- a plan regarding the homeownership pro- (whether the family purchases directly from retary may require resident councils or resi- gram that is submitted separately pursuant the agency or from another entity) for the dent management corporations to utilize to the preceding sentence, the Secretary agency to recapture— H5612 CONGRESSIONAL RECORD — HOUSE July 15, 1998 (A) from any economic gain derived from from charging market-based rents for units (1) each family that is a resident of the de- any such resale occurring during the 5-year in the development (or portion thereof) velopment (or portion) that is demolished or period beginning upon purchase of the dwell- would not cover the anticipated operating disposed of is relocated to other safe, clean, ing unit by the eligible family, a portion of costs and replacement reserves of the devel- healthy, and affordable housing, which is, to the amount of any financial assistance pro- opment (or portion) at full occupancy and the maximum extent practicable, housing of vided under the program by the agency to the development (or portion) would con- the family’s choice, including choice-based the eligible family; and stitute a substantial burden on the resources assistance under title XIII (provided that (B) after the expiration of such 5-year pe- of the public housing agency; with respect to choice-based assistance, the riod, only such amounts as are equivalent to (5) retention of the development (or por- preceding requirement shall be fulfilled only the assistance provided under this section by tion thereof) is not in the best interests of upon the relocation of the such family into the agency to the purchaser. the residents of the public housing agency such housing); (2) CONSIDERATIONS.—The limitations re- because— (2) the public housing agency does not take ferred to in paragraph (1) may provide for (A) developmental changes in the area sur- any action to dispose of any unit until any consideration of the aggregate amount of as- rounding the development adversely affect resident to be displaced is relocated in ac- sistance provided under the program to the the health or safety of the residents or the cordance with paragraph (1); and family, the contribution to equity provided feasible operation of the development by the (3) each resident family to be displaced is by the purchasing eligible family, the period public housing agency; paid relocation expenses, and the rent to be of time elapsed between purchase under the (B) demolition or disposition will allow the paid initially by the resident following relo- homeownership program and resale, the rea- acquisition, development, or rehabilitation cation does not exceed the amount permitted son for resale, any improvements to the of other properties which will be more effi- under section 1225(a). property made by the eligible family, any ciently or effectively operated as low-income (h) RIGHT OF FIRST REFUSAL FOR RESIDENT appreciation in the value of the property, housing; or ORGANIZATIONS AND RESIDENT MANAGEMENT and any other factors that the agency con- (C) other factors exist that the agency de- CORPORATIONS.— siders appropriate. termines are consistent with the best inter- (1) IN GENERAL.—A public housing agency may not dispose of a public housing develop- (h) SALE OF CERTAIN SCATTERED-SITE HOUS- ests of the residents and the agency and not ment (or portion of a development) unless ING.—A public housing agency that the Sec- inconsistent with other provisions of this di- retary has determined to be a high-perform- vision; the agency has, before such disposition, of- ing agency may use the proceeds from the (6) in the case only of demolition or dis- fered to sell the property, as provided in this subsection, to each resident organization and disposition of scattered-site public housing position of a portion of a development, the resident management corporation operating under a homeownership program under this demolition or disposition will help to ensure at the development for continued use as low- section to purchase replacement scattered- the remaining useful life of the remainder of income housing, and no such organization or site dwelling units, to the extent such use is the development; or corporation purchases the property pursuant provided for in the local housing manage- (7) in the case only of property other than to such offer. A resident organization may ment plan for the agency approved under dwelling units— act, for purposes of this subsection, through section 1107. Any such replacement dwelling (A) the property is excess to the needs of a an entity formed to facilitate homeowner- units shall be considered public housing for development; or ship under subtitle D. purposes of this division. (B) the demolition or disposition is inci- dental to, or does not interfere with, contin- (2) TIMING.—Disposition of a development (i) INAPPLICABILITY OF DISPOSITION RE- ued operation of a development. (or portion thereof) under this section may QUIREMENTS.—The provisions of section 1261 The evidence required under this subsection not take place— shall not apply to disposition of public hous- shall include, as a condition of demolishing (A) before the expiration of the period dur- ing dwelling units under a homeownership or disposing of a public housing development ing which any such organization or corpora- program under this section, except that any (or portion of a development) estimated to tion may notify the agency of interest in dwelling units sold under such a program have a value of $100,000 or more, a statement purchasing the property, which shall be the shall be treated as public housing dwelling of the market value of the development (or 30-day period beginning on the date that the units for purposes of subsections (e) and (f) of portion), which has been determined by a agency first provides notice of the proposed section 1261. party not having any interest in the housing disposition of the property to such resident Subtitle E—Disposition, Demolition, and or the public housing agency and pursuant to organizations and resident management cor- Revitalization of Developments not less than 2 professional, independent ap- porations; SEC. 1261. REQUIREMENTS FOR DEMOLITION praisals of the development (or portion). (B) if an organization or corporation sub- AND DISPOSITION OF DEVELOP- (d) CONSULTATION.—A public housing agen- mits notice of interest in accordance with cy may demolish or dispose of a public hous- MENTS. subparagraph (A), before the expiration of ing development (or portion of a develop- (a) AUTHORITY AND FLEXIBILITY.—A public the period during which such organization or ment) only if the agency notifies and confers housing agency may demolish, dispose of, or corporation may obtain a commitment for regarding the demolition or disposition demolish and dispose of nonviable or non- financing to purchase the property, which with— marketable public housing developments of shall be the 60-day period beginning upon the the agency in accordance with this section. (1) the residents of the development (or portion); and submission to the agency of the notice of in- (b) LOCAL HOUSING MANAGEMENT PLAN RE- terest; or QUIREMENT.—A public housing agency may (2) appropriate local government officials. (e) COUNSELING.—A public housing agency (C) if, during the period under subpara- take any action to demolish or dispose of a may demolish or dispose of a public housing graph (B), an organization or corporation ob- public housing development (or a portion of development (or a portion of a development) tains such financing commitment and makes a development) only if such demolition or only if the agency provides any necessary a bona fide offer to the agency to purchase disposition complies with the provisions of counseling for families displaced by such ac- the property for a price equal to or exceeding this section and is in accordance with the tion to facilitate relocation. the applicable offer price under paragraph local housing management plan for the agen- (f) USE OF PROCEEDS.—Any net proceeds (3). cy. Notwithstanding section 1107, the Sec- from the disposition of a public housing de- The agency shall sell the property pursuant retary may approve a local housing manage- velopment (or portion of a development) to any purchase offer described in subpara- ment plan without approving the portion of shall be used for— graph (C). the plan covering demolition or disposition (1) housing assistance for low-income fami- (3) TERMS OF OFFER.—An offer by a public pursuant to this section. lies that is consistent with the low-income housing agency to sell a property in accord- (c) PURPOSE OF DEMOLITION OR DISPOSI- housing needs of the community, through ac- ance with this subsection shall involve a pur- TION.—A public housing agency may demol- quisition, development, or rehabilitation of, chase price that reflects the market value of ish or dispose of a public housing develop- or homeownership programs for, other low- the property, the reason for the sale, the im- ment (or portion of a development) only if income housing or the provision of choice- pact of the sale on the surrounding commu- the agency provides sufficient evidence to based assistance under title XIII for such nity, and any other factors that the agency the Secretary that— families; considers appropriate. (1) the development (or portion thereof) is (2) supportive services relating to job (i) INFORMATION FOR LOCAL HOUSING MAN- severely distressed or obsolete; training or child care for residents of a de- AGEMENT PLAN.—A public housing agency (2) the development (or portion thereof) is velopment or developments; or may demolish or dispose of a public housing in a location making it unsuitable for hous- (3) leveraging amounts for securing com- development (or portion thereof) only if it ing purposes; mercial enterprises, on-site in public housing includes in the applicable local housing man- (3) the development (or portion thereof) developments of the public housing agency, agement plan information sufficient to de- has design or construction deficiencies that appropriate to serve the needs of the resi- scribe— make cost-effective rehabilitation infeasible; dents. (1) the housing to be demolished or dis- (4) assuming that reasonable rehabilitation (g) RELOCATION.—A public housing agency posed of; and management intervention for the devel- that demolishes or disposes of a public hous- (2) the purpose of the demolition or dis- opment has been completed and paid for, the ing development (or portion of a develop- position under subsection (c) and why the anticipated revenue that would be derived ment thereof) shall ensure that— demolition or disposition complies with the July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5613

requirements under subsection (c), and in- without providing for such demolition in a (2) SELECTION CRITERIA.—The Secretary cludes evidence of the market value of the local housing management plan, but only if shall establish selection criteria for the development (or portion) required under sub- the space occupied by the demolished unit is award of grants under this section, which section (c); used for meeting the service or other needs shall include— (3) how the consultations required under of public housing residents or the demolished (A) the relationship of the grant to the subsection (d) will be made; unit was beyond repair. local housing management plan for the pub- (4) how the net proceeds of the disposition SEC. 1262. DEMOLITION, SITE REVITALIZATION, lic housing agency and how the grant will re- will be used in accordance with subsection REPLACEMENT HOUSING, AND sult in a revitalized site that will enhance (f); CHOICE-BASED ASSISTANCE GRANTS the neighborhood in which the development (5) how the agency will relocate residents, FOR DEVELOPMENTS. is located; (a) PURPOSES.—The purpose of this section if necessary, as required under subsection (B) the capability and record of the appli- is to provide assistance to public housing (g); and cant public housing agency, or any alter- agencies for the purposes of— (6) that the agency has offered the prop- native management agency for the agency, (1) reducing the density and improving the for managing large-scale redevelopment or erty for acquisition by resident organiza- living environment for public housing resi- tions and resident management corporations modernization projects, meeting construc- dents of severely distressed public housing tion timetables, and obligating amounts in a in accordance with subsection (h). developments through the demolition of ob- (j) SITE AND NEIGHBORHOOD STANDARDS EX- timely manner; solete public housing developments (or por- EMPTION.—Notwithstanding any other provi- (C) the extent to which the public housing tions thereof); sion of law, a public housing agency may agency could undertake such activities with- (2) revitalizing sites (including remaining provide for development of public housing out a grant under this section; public housing dwelling units) on which such dwelling units on the same site or in the (D) the extent of involvement of residents, public housing developments are located and same neighborhood as any dwelling units de- State and local governments, private service contributing to the improvement of the sur- molished, pursuant to a plan under this sec- providers, financing entities, and developers, rounding neighborhood; tion, but only if such development provides in the development of a revitalization pro- (3) providing housing that will avoid or de- for significantly fewer dwelling units. gram for the development; and crease the concentration of very low-income (k) TREATMENT OF REPLACEMENT UNITS.— (E) the amount of funds and other re- families; and (1) PROVISION OF OTHER HOUSING ASSIST- sources to be leveraged by the grant. (4) providing choice-based assistance in ac- ANCE.—In connection with any demolition or The Secretary shall give preference in selec- disposition of public housing under this sec- cordance with title XIII for the purpose of tion to any public housing agency that has providing replacement housing and assisting tion, a public housing agency may provide been awarded a planning grant under section residents to be displaced by the demolition. for other housing assistance for low-income 24(c) of the United States Housing Act of 1937 (b) GRANT AUTHORITY.—The Secretary may (as in effect before the effective date of the families that is consistent with the low-in- make grants available to public housing repeal under section 1601(b) of this Act). come housing needs of the community, in- agencies as provided in this section. (f) COST LIMITS.—Subject to the provisions cluding— (c) CONTRIBUTION REQUIREMENT.—The Sec- of this section, the Secretary— (A) the provision of choice-based assist- retary may not make any grant under this (1) shall establish cost limits on eligible ance under title XIII; and section to any applicant unless the applicant activities under this section sufficient to (B) the development, acquisition, or lease certifies to the Secretary that the applicant provide for effective revitalization programs; by the agency of dwelling units, which dwell- will supplement the amount of assistance ing units shall— provided under this section with an amount and (i) be eligible to receive assistance with of funds from sources other than this section (2) may establish other cost limits on eligi- grant amounts provided under this title; and equal to not less than 5 percent of the ble activities under this section. (g) DEMOLITION AND REPLACEMENT.—Any (ii) be made available for occupancy, oper- amount provided under this section, includ- severely distressed public housing demol- ated, and managed in the manner required ing amounts from other Federal sources, any ished or disposed of pursuant to a revitaliza- for public housing, and subject to the other State or local government sources, any pri- tion plan and any public housing produced in requirements applicable to public housing vate contributions, and the value of any in- lieu of such severely distressed housing, dwelling units. kind services or administrative costs pro- shall be subject to the provisions of section (2) TREATMENT OF INDIVIDUALS.—For pur- vided. 1261. (d) ELIGIBLE ACTIVITIES.—Grants under poses of this subsection, an individual be- (h) ADMINISTRATION BY OTHER ENTITIES.— this section may be used for activities to tween the ages of 18 and 21, inclusive, shall, The Secretary may require a grantee under carry out revitalization programs for se- at the discretion of the individual, be consid- this section to make arrangements satisfac- verely distressed public housing, including— ered a family. tory to the Secretary for use of an entity (1) architectural and engineering work, in- (l) USE OF NEW DWELLING UNITS.—A public other than the public housing agency to cluding the redesign, reconstruction, or rede- housing agency demolishing or disposing of a carry out activities assisted under the revi- velopment of a severely distressed public public housing development (or portion talization plan, if the Secretary determines thereof) under this section shall seek, where housing development, including the site on that such action will help to effectuate the practical, to ensure that, if housing units are which the development is located; purposes of this section. provided on any property that was pre- (2) the demolition, sale, or lease of the site, (i) WITHDRAWAL OF FUNDING.—If a grantee viously used for the public housing demol- in whole or in part; under this section does not proceed expedi- ished or disposed of, not less than 25 percent (3) covering the administrative costs of the tiously, in the determination of the Sec- of such dwelling units shall be dwelling units applicant, which may not exceed such por- retary, the Secretary shall withdraw any reserved for occupancy during the remaining tion of the assistance provided under this grant amounts under this section that have useful life of the housing by low-income fam- section as the Secretary may prescribe; not been obligated by the public housing ilies. (4) payment of reasonable legal fees; agency. The Secretary shall redistribute any (m) PERMISSIBLE RELOCATION WITHOUT (5) providing reasonable moving expenses withdrawn amounts to one or more public PLAN.—If a public housing agency deter- for residents displaced as a result of the revi- housing agencies eligible for assistance mines that because of an emergency situa- talization of the development; under this section or to one or more other tion public housing dwelling units are se- (6) economic development activities that entities capable of proceeding expeditiously verely uninhabitable, the public housing promote the economic self-sufficiency of in the same locality in carrying out the revi- agency may relocate residents of such dwell- residents under the revitalization program; talization plan of the original grantee. ing units before the submission of a local (7) necessary management improvements; (j) DEFINITIONS.—For purposes of this sec- housing management plan providing for (8) leveraging other resources, including tion, the following definitions shall apply: demolition or disposition of such units. additional housing resources, retail support- (1) APPLICANT.—The term ‘‘applicant’’ (n) CONSOLIDATION OF OCCUPANCY WITHIN OR ive services, jobs, and other economic devel- means— AMONG BUILDINGS.—Nothing in this section opment uses on or near the development that (A) any public housing agency that is not may be construed to prevent a public hous- will benefit future residents of the site; designated as troubled pursuant to section ing agency from consolidating occupancy (9) replacement housing and housing as- 1533(a); within or among buildings of a public hous- sistance under title XIII; (B) any public housing agency or private ing development, or among developments, or (10) transitional security activities; and housing management agent selected, or re- with other housing for the purpose of im- (11) necessary supportive services, except ceiver appointed pursuant, to section 1545; proving living conditions of, or providing that not more than 10 percent of the amount and more efficient services to, residents. of any grant may be used for activities under (C) any public housing agency that is des- (o) DE MINIMIS EXCEPTION TO DEMOLITION this paragraph. ignated as troubled pursuant to section REQUIREMENTS.—Notwithstanding any other (e) APPLICATION AND SELECTION.— 1533(a) that— provision of this section, in any 5-year period (1) APPLICATION.—An application for a (i) is so designated principally for reasons a public housing agency may demolish not grant under this section shall contain such that will not affect the capacity of the agen- more than the lesser of 5 dwelling units or 5 information and shall be submitted at such cy to carry out a revitalization program; percent of the total dwelling units owned time and in accordance with such proce- (ii) is making substantial progress toward and operated by the public housing agency, dures, as the Secretary shall prescribe. eliminating the deficiencies of the agency; or H5614 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(iii) is otherwise determined by the Sec- (2) TECHNICAL ASSISTANCE.—Of the amount version, in accordance with any guidelines retary to be capable of carrying out a revi- appropriated pursuant to paragraph (1) for issued by the Secretary governing such noti- talization program. any fiscal year, the Secretary may use not fications, that— (2) PRIVATE NONPROFIT CORPORATION.—The more than 0.50 percent for technical assist- (i) the development will be removed from term ‘‘private nonprofit organization’’ ance. Such assistance may be provided di- the inventory of the public housing agency; means any private nonprofit organization rectly or indirectly by grants, contracts, or and (including a State or locally chartered non- cooperative agreements, and shall include (ii) the families displaced by such action profit organization) that— training, and the cost of necessary travel for will receive choice-based housing assistance; (A) is incorporated under State or local participants in such training, by or to offi- (B) provide any necessary counseling for law; cials of the Department of Housing and families displaced by such action to facili- (B) has no part of its net earnings inuring Urban Development, of public housing agen- tate relocation; and to the benefit of any member, founder, con- cies, and of residents. (C) provide any reasonable relocation ex- tributor, or individual; (m) SUNSET.—No assistance may be pro- penses for families displaced by such action; (C) complies with standards of financial ac- vided under this section after September 30, and countability acceptable to the Secretary; 2000. (6) ensure that each family that is a resi- and (n) TREATMENT OF PREVIOUS SELECTIONS.— dent of the development is relocated to other (D) has among its purposes significant ac- A public housing agency that has been se- safe, clean, and healthy affordable housing, tivities related to the provision of decent lected to receive amounts under the notice of which is, to the maximum extent prac- housing that is affordable to very low-in- funding availability for fiscal year 1996 ticable, housing of the family’s choice, in- come families. amounts for the HOPE VI program (provided cluding choice-based assistance under title (3) SEVERELY DISTRESSED PUBLIC HOUSING.— under the heading ’’PUBLIC HOUSING DEMOLI- XIII (provided that with respect to choice- The term ‘‘severely distressed public hous- TION, SITE REVITALIZATION, AND REPLACEMENT based assistance, the preceding requirement ing’’ means a public housing development (or HOUSING GRANTS’’ in title II of the Depart- shall be fulfilled only upon the relocation of building in a development) that— ments of Veterans Affairs and Housing and such family into such housing). (A) requires major redesign, reconstruction Urban Development, and Independent Agen- (c) STREAMLINED ASSESSMENT AND PLAN.— or redevelopment, or partial or total demoli- cies Appropriations Act, 1996 (42 U.S.C. 1437l At the discretion of the Secretary or at the tion, to correct serious deficiencies in the note) (enacted as section 101(e) of Omnibus request of a public housing agency, the Sec- original design (including inappropriately Consolidated Rescissions and Appropriations retary may waive any or all of the require- high population density), deferred mainte- Act of 1996 (Public Law 104–134; 110 Stat. ments of subsection (b) or otherwise require nance, physical deterioration or obsoles- 1321–269)) may apply to the Secretary of a streamlined assessment with respect to cence of major systems and other defi- Housing and Urban Development for a waiver any public housing development or class of ciencies in the physical plant of the develop- of the total development cost rehabilitation public housing developments. requirement otherwise applicable under such ment; (d) IMPLEMENTATION OF CONVERSION program, and the Secretary may waive such (B) is a significant contributing factor to PLAN.— requirement, but only (1) to the extent that the physical decline of and disinvestment by (1) IN GENERAL.—A public housing agency a designated site for use of such amounts public and private entities in the surround- may implement a conversion plan only if the does not have dwelling units that are consid- ing neighborhood; conversion assessment under this section ered to be obsolete under Department of (C)(i) is occupied predominantly by fami- demonstrates that the conversion— Housing and Urban Development regulations lies who are very low-income families with (A) will not be more expensive than con- in effect upon the date of the enactment of children, are unemployed, and dependent on tinuing to operate the public housing devel- this Act, and (2) if the Secretary determines various forms of public assistance; and opment (or portion thereof) as public hous- that the public housing agency will continue (ii) has high rates of vandalism and crimi- ing; and to comply with the purposes of the program (B) will principally benefit the residents of nal activity (including drug-related criminal notwithstanding such waiver. activity) in comparison to other housing in the public housing development (or portion SEC. 1263. VOLUNTARY VOUCHER SYSTEM FOR the area; thereof) to be converted, the public housing PUBLIC HOUSING. agency, and the community. (D) cannot be revitalized through assist- (a) IN GENERAL.—A public housing agency ance under other programs, such as the pub- (2) DISAPPROVAL.—The Secretary shall dis- may convert any public housing develop- approve a conversion plan only if the plan is lic housing block grant program under this ment (or portion thereof) owned and oper- title, or the programs under sections 9 and 14 plainly inconsistent with the conversion as- ated by the agency to a system of choice- sessment under subsection (b) or there is re- of the United States Housing Act of 1937 (as based rental housing assistance under title in effect before the effective date of the re- liable information and data available to the XIII, in accordance with this section. Secretary that contradicts that conversion peal under section 1601(b) of this Act), be- (b) ASSESSMENT AND PLAN REQUIREMENT.— cause of cost constraints and inadequacy of assessment. In converting under this section to a choice- (e) OTHER REQUIREMENTS.—To the extent available amounts; and based rental housing assistance system, the approved by the Secretary, the funds used by (E) in the case of individual buildings, is, public housing agency shall develop a con- the public housing agency to provide choice- in the Secretary’s determination, suffi- version assessment and plan under this sub- based rental housing assistance under title ciently separable from the remainder of the section, in consultation with the appropriate XIII shall be added to the housing assistance development of which the building is part to public officials and with significant partici- payment contract administered by the public make use of the building feasible for pur- pation by the residents of the development housing agency or any entity administering poses of this section. (or portion thereof), which assessment and the contract on behalf of the public housing (4) SUPPORTIVE SERVICES.—The term ‘‘sup- plan shall— agency. portive services’’ includes all activities that (1) be consistent with and part of the local (f) SAVINGS PROVISION.—This section does will promote upward mobility, self-suffi- housing management plan for the agency; not affect any contract or other agreement ciency, and improved quality of life for the (2) describe the conversion and future use entered into under section 22 of the United residents of the public housing development or disposition of the public housing develop- States Housing Act of 1937 (as such section involved, including literacy training, job ment, including an impact analysis on the existed before the effective date of the repeal training, day care, and economic develop- affected community; under section 1601(b) of this Act). ment activities. (3) include a cost analysis that dem- Subtitle F—Mixed-Finance Public Housing NNUAL EPORT (k) A R .—The Secretary shall onstrates whether or not the cost (both on a SEC. 1271. AUTHORITY. submit to the Congress an annual report set- net present value basis and in terms of new Notwithstanding sections 1203 and 1262, the ting forth— budget authority requirements) of providing Secretary may, upon such terms and condi- (1) the number, type, and cost of public choice-based rental housing assistance under tions as the Secretary may prescribe, au- housing units revitalized pursuant to this title XIII for the same families in substan- thorize a public housing agency to provide section; tially similar dwellings over the same period for the use of grant amounts allocated and (2) the status of developments identified as of time is less expensive than continuing provided from the capital fund or from a severely distressed public housing; public housing assistance in the public hous- grant under section 1262, to produce mixed- (3) the amount and type of financial assist- ing development proposed for conversion for finance housing developments, or replace or ance provided under and in conjunction with the remaining useful life of the development; revitalize existing public housing dwelling this section; and (4) identify the actions, if any, that the units with mixed-finance housing develop- (4) the recommendations of the Secretary public housing agency will take with regard ments, but only if the agency submits to the for statutory and regulatory improvements to converting any public housing develop- Secretary a plan for such housing that is ap- to the program established by this section. ment or developments (or portions thereof) proved pursuant to section 1273 by the Sec- (l) FUNDING.— of the agency to a system of choice-based retary. (1) AUTHORIZATION OF APPROPRIATIONS.— rental housing assistance under title XIII; SEC. 1272. MIXED-FINANCE HOUSING DEVELOP- There are authorized to be appropriated for (5) require the public housing agency to— MENTS. grants under this section $500,000,000 for each (A) notify the families residing in the pub- (a) IN GENERAL.—For purposes of this sub- of fiscal years 1998, 1999, and 2000. lic housing development subject to the con- title, the term ‘‘mixed-finance housing’’ July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5615 means low-income housing or mixed-income ment of such demolition, disposition, or revi- TITLE XIII—CHOICE-BASED RENTAL housing (as described in section 1221(c)(2)) for talization, unless— HOUSING AND HOMEOWNERSHIP AS- which the financing for production or revi- (1) upon the expiration of the 18-month pe- SISTANCE FOR LOW-INCOME FAMILIES talization is provided, in part, from entities riod beginning upon the approval of the plan Subtitle A—Allocation other than the public housing agency. under section 1273 for the mixed-finance SEC. 1301. AUTHORITY TO PROVIDE HOUSING AS- (b) PRODUCTION.—A mixed-finance housing housing development, the agency does not SISTANCE AMOUNTS. development shall be produced or revitalized, have binding commitments for production or To the extent that amounts to carry out and owned— revitalization, or a construction contract, this title are made available, the Secretary (1) by a public housing agency or by an en- for such development; may enter into contracts with public hous- tity affiliated with a public housing agency; (2) upon the expiration of the 4-year period ing agencies for each fiscal year to provide (2) by a partnership, a limited liability beginning upon the approval of the plan, the housing assistance under this title. company, or other entity in which the public mixed-finance housing development is not SEC. 1302. CONTRACTS WITH PHA’S. housing agency (or an entity affiliated with substantially ready for occupancy and is (a) CONDITION OF ASSISTANCE.—The Sec- a public housing agency) is a general part- placed under the block grant contract for the retary may provide amounts under this title ner, is a managing member, or otherwise agency under section 1201; or to a public housing agency for a fiscal year participates in the activities of the entity; (3) the number of dwelling units in the only if the Secretary has entered into a con- (3) by any entity that grants to the public mixed-finance housing development that are tract under this section with the public housing agency the option to purchase the made available for occupancy only by low-in- housing agency, under which the Secretary public housing project during the 20-year pe- come families is substantially less than the shall provide such agency with amounts (in riod beginning on the date of initial occu- number of such dwelling units in the public the amount of the allocation for the agency pancy of the public housing project in ac- housing demolished, disposed of, or revital- determined pursuant to section 1304) for cordance with section 42(l)(7) of the Internal ized. housing assistance under this title for low- Revenue Code of 1986; or The Secretary may extend the period under income families. (4) in accordance with such other terms paragraph (1) or (2) for a public housing (b) USE FOR HOUSING ASSISTANCE.—A con- and conditions as the Secretary may pre- agency if the Secretary determines that cir- tract under this section shall require a pub- scribe by regulation. cumstances beyond the control of the agency lic housing agency to use amounts provided This subsection may not be construed to re- caused the agency to fail to meet the dead- under this title to provide housing assistance quire production or revitalization, and own- line under such paragraph. in any manner authorized under this title. ership, by the same entity. Subtitle G—General Provisions (c) ANNUAL OBLIGATION OF AUTHORITY.—A SEC. 1273. MIXED-FINANCE HOUSING PLAN. SEC. 1281. PAYMENT OF NON-FEDERAL SHARE. contract under this title shall provide The Secretary may approve a plan for pro- amounts for housing assistance for 1 fiscal Rental or use-value of buildings or facili- duction or revitalization of mixed-finance year covered by the contract. ties paid for, in whole or in part, from pro- housing under this subtitle only if the Sec- (d) ENFORCEMENT OF HOUSING QUALITY RE- duction, modernization, or operation costs retary determines that— QUIREMENTS.—Each contract under this sec- financed under this title may be used as the (1) the public housing agency has the abil- tion shall require the public housing agency non-Federal share required in connection ity, or has provided for an entity under sec- administering assistance provided under the with activities undertaken under Federal tion 1272(b) that has the ability, to use the contract— grant-in-aid programs which provide social, amounts provided for use under the plan for (1) to ensure compliance, under each hous- educational, employment, and other services such housing, effectively, either directly or ing assistance payments contract entered to the residents in a project assisted under through contract management; into pursuant to the contract under this sec- this title. (2) the plan provides permanent financing tion, with the provisions of the housing as- commitments from a sufficient number of SEC. 1282. AUTHORIZATION OF APPROPRIATIONS sistance payments contract included pursu- sources other than the public housing agen- FOR BLOCK GRANTS. ant to section 1351(c)(4); and cy, which may include banks and other con- There are authorized to be appropriated for (2) to establish procedures for assisted fam- ventional lenders, States, units of general grants under this title, the following ilies to notify the agency of any noncompli- local government, State housing finance amounts: ance with such provisions. agencies, secondary market entities, and (1) CAPITAL FUND.—For the allocations SEC. 1303. ELIGIBILITY OF PHA’S FOR ASSIST- other financial institutions; from the capital fund for grants, $2,500,000,000 ANCE AMOUNTS. (3) the plan provides for use of amounts for each of fiscal years 1998, 1999, 2000, 2001, The Secretary may provide amounts avail- provided under section 1271 by the public and 2002. able for housing assistance under this title housing agency for financing the mixed-in- (2) OPERATING FUND.—For the allocations pursuant to the formula established under come housing in the form of grants, loans, from the operating fund for grants, section 1304(a) to a public housing agency advances, or other debt or equity invest- $2,900,000,000 for each of fiscal years 1998, only if— ments, including collateral or credit en- 1999, 2000, 2001, and 2002. (1) the agency has submitted a local hous- hancement of bonds issued by the agency or SEC. 1283. FUNDING FOR OPERATION SAFE ing management plan to the Secretary for any State or local governmental agency for HOME. such fiscal year and applied to the Secretary production or revitalization of the develop- Of any amounts made available for fiscal for such assistance; ment; and years 1998 and 1999 for carrying out the Com- (2) the plan has been determined to comply (4) the plan complies with any other cri- munity Partnerships Against Crime Act of with the requirements under section 1106 and teria that the Secretary may establish. 1997 (as so designated pursuant to section the Secretary has not notified the agency SEC. 1274. RENT LEVELS FOR HOUSING FI- 1624(a) of this Act), not more than $20,000,000 that the plan fails to comply with such re- NANCED WITH LOW-INCOME HOUS- shall be available in each such fiscal year, quirements; ING TAX CREDIT. for use under the Operation Safe Home pro- (3) no member of the board of directors or With respect to any dwelling unit in a gram administered by the Office of the In- other governing body of the agency, or the mixed-finance housing development that is a spector General of the Department of Hous- executive director, has been convicted of a low-income dwelling unit for which amounts ing and Urban Development, for law enforce- felony; and from a block grant under this title are used ment efforts to combat violent crime on or (4) the agency has not been disqualified for and that is assisted pursuant to the low-in- near the premises of public and federally as- assistance pursuant to title XV. come housing tax credit under section 42 of sisted housing. SEC. 1304. ALLOCATION OF AMOUNTS. the Internal Revenue Code of 1986, the rents SEC. 1284. FUNDING FOR RELOCATION OF VIC- (a) FORMULA ALLOCATION.— charged to the residents of the unit shall be TIMS OF DOMESTIC VIOLENCE. (1) IN GENERAL.—When amounts for assist- determined in accordance with this title, but Of any amounts made available for fiscal ance under this title are first made available shall not in any case exceed the amounts al- years 1998, 1999, 2000, 2001, and 2002 for choice- for reservation, after reserving amounts in lowable under such section 42. based housing assistance under title XIII of accordance with subsections (b)(3) and (c), SEC. 1275. CARRY-OVER OF ASSISTANCE FOR RE- this Act, not more than $700,000 shall be the Secretary shall allocate such amounts, PLACED HOUSING. available in each such fiscal year for relocat- only among public housing agencies meeting In the case of a mixed-finance housing de- ing residents of public housing (including the requirements under this title to receive velopment that is replacement housing for providing assistance for costs of relocation such assistance, on the basis of a formula public housing demolished or disposed of, or and housing assistance under title XIII of that is established in accordance with para- is the result of the revitalization of existing this Act) who are residing in public housing, graph (2) and based upon appropriate criteria public housing, the share of assistance re- who have been subject to domestic violence, to reflect the needs of different States, areas, ceived from the capital fund and the operat- and for whom provision of assistance is like- and communities, using the most recent data ing fund by the public housing agency that ly to reduce or eliminate the threat of subse- available from the Bureau of the Census of owned or operated the housing demolished, quent violence to the members of the family. the Department of Commerce and the com- disposed of, or revitalized shall not be re- The Secretary shall establish procedures for prehensive housing affordability strategy duced because of such demolition, disposi- eligibility and administration of assistance under section 105 of the Cranston-Gonzalez tion, or revitalization after the commence- under this section. National Affordable Housing Act (or any H5616 CONGRESSIONAL RECORD — HOUSE July 15, 1998 consolidated plan incorporating such strat- received less funding than other areas, based 1937 or housing assistance under this title on egy) for the applicable jurisdiction. The Sec- on the relative needs of all areas. behalf of a family who uses such assistance retary may establish a minimum allocation SEC. 1305. ADMINISTRATIVE FEES. for a dwelling unit that is located within the amount, in which case only the public hous- (a) FEE FOR ONGOING COSTS OF ADMINISTRA- jurisdiction of such agency but is also within ing agencies that, pursuant to the formula, TION.— the jurisdiction of another public housing are provided an amount equal to or greater (1) IN GENERAL.—The Secretary shall estab- agency, the Secretary shall take such steps than the minimum allocation amount, shall lish fees for the costs of administering the as may be necessary to ensure that the pub- receive an allocation. choice-based housing assistance program lic housing agency that provides the services (2) REGULATIONS.—The formula under this under this title. for a family receives all or part of the ad- subsection shall be established by regulation (2) FISCAL YEAR 1998.— ministrative fee under this section (as appro- priate). issued by the Secretary. Notwithstanding (A) CALCULATION.—For fiscal year 1998, the sections 563(a) and 565(a) of title 5, United fee for each month for which a dwelling unit SEC. 1306. AUTHORIZATIONS OF APPROPRIA- States Code, any proposed regulation con- is covered by a contract for assistance under TIONS. (a) IN GENERAL.—There is authorized to be taining such formula shall be issued pursu- this title shall be— appropriated for providing public housing ant to a negotiated rulemaking procedure (i) in the case of a public housing agency agencies with housing assistance under this under subchapter III of chapter 5 of such that, on an annual basis, is administering a title, such sums as may be necessary for title and the Secretary shall establish a ne- program for not more than 600 dwelling each of fiscal years 1998, 1999, 2000, 2001, and gotiated rulemaking committee for develop- units, 7.65 percent of the base amount; and 2002 to provide amounts for incremental as- ment of any such proposed regulations. (ii) in the case of an agency that, on an an- sistance under this title, for renewal of ex- (b) ALLOCATION CONSIDERATIONS.— nual basis, is administering a program for piring contracts under section 1302 of this (1) LIMITATION ON REALLOCATION FOR AN- more than 600 dwelling units— Act and renewal under this title of expiring OTHER STATE.—Any amounts allocated for a (I) for the first 600 units, 7.65 percent of the State or areas or communities within a contracts for tenant-based rental assistance base amount; and under section 8 of the United States Housing State that are not likely to be used within (II) for any additional dwelling units under Act of 1937 (as in effect before the effective the fiscal year for which the amounts are the program, 7.0 percent of the base amount. date of the repeal under section 1601(b) of provided shall not be reallocated for use in (B) BASE AMOUNT.—For purposes of this this Act), and for replacement needs for pub- another State, unless the Secretary deter- paragraph, the base amount shall be the lic housing under title XII. mines that other areas or communities with- higher of— (b) ASSISTANCE FOR DISABLED FAMILIES.— in the same State (that are eligible for (i) the fair market rental established under (1) AUTHORIZATION OF APPROPRIATIONS.— amounts under this title) cannot use the section 8(c) of the United States Housing Act There is authorized to be appropriated, for amounts within the same fiscal year. of 1937 (as in effect immediately before the choice-based housing assistance under this (2) EFFECT OF RECEIPT OF TENANT-BASED AS- effective date of the repeal under section title to be used in accordance with paragraph SISTANCE FOR DISABLED FAMILIES.—The Sec- 1601(b) of this Act) for fiscal year 1993 for a (2), $50,000,000 for fiscal year 1998, and such retary may not consider the receipt by a 2-bedroom existing rental dwelling unit in sums as may be necessary for each subse- public housing agency of assistance under the market area of the agency, and quent fiscal year. section 811(b)(1) of the Cranston-Gonzalez (ii) the amount that is the lesser of (I) such (2) USE.—The Secretary shall provide National Affordable Housing Act, or the fair market rental for fiscal year 1994 or (II) amounts made available under paragraph (1) amount received, in approving amounts 103.5 percent of the amount determined to public housing agencies only for use to under this title for the agency or in deter- under clause (i), provide housing assistance under this title mining the amount of such assistance to be adjusted based on changes in wage data or for nonelderly disabled families (including provided to the agency. other objectively measurable data that re- such families relocating pursuant to designa- (3) EXEMPTION FROM FORMULA ALLOCA- flect the costs of administering the program, tion of a public housing development under TION.—The formula allocation requirements as determined by the Secretary. The Sec- section 1227 or the establishment of occu- of subsection (a) shall not apply to any as- retary may require that the base amount be pancy restrictions in accordance with sec- sistance under this title that is approved in not less than a minimum amount and not tion 658 of the Housing and Community De- appropriation Acts for uses that the Sec- more than a maximum amount. velopment Act of 1992 and other nonelderly retary determines are incapable of geo- (3) SUBSEQUENT FISCAL YEARS.—For subse- disabled families who have applied to the graphic allocation, including amendments of quent fiscal years, the Secretary shall pub- agency for housing assistance under this existing housing assistance payments con- lish a notice in the Federal Register, for title). tracts, renewal of such contracts, assistance each geographic area, establishing the (3) ALLOCATION OF AMOUNTS.—The Sec- to families that would otherwise lose assist- amount of the fee that would apply for pub- retary shall allocate and provide amounts ance due to the decision of the project owner lic housing agencies administering the pro- made available under paragraph (1) to public to prepay the project mortgage or not to gram, based on changes in wage data or housing agencies as the Secretary deter- renew the housing assistance payments con- other objectively measurable data that re- mines appropriate based on the relative lev- tract, assistance to prevent displacement flect the costs of administering the program, els of need among the authorities for assist- from public or assisted housing or to provide as determined by the Secretary. ance for families described in paragraph (1). replacement housing in connection with the (4) INCREASE.—The Secretary may increase (c) ASSISTANCE FOR WITNESS RELOCATION.— demolition or disposition of public housing, the fee if necessary to reflect the higher Of the amounts made available for choice- assistance for relocation from public hous- costs of administering small programs and based housing assistance under this title for ing, assistance in connection with protection programs operating over large geographic each fiscal year, the Secretary, in consulta- of crime witnesses, assistance for conversion areas. tion with the Inspector General, shall make from leased housing contracts under section (b) FEE FOR PRELIMINARY EXPENSES.—The available such sums as may be necessary for 23 of the United States Housing Act of 1937 Secretary shall also establish reasonable fees such housing assistance for the relocation of (as in effect before the enactment of the (as determined by the Secretary) for— witnesses in connection with efforts to com- Housing and Community Development Act of (1) the costs of preliminary expenses, in bat crime in public and assisted housing pur- 1974), and assistance in support of the prop- the amount of $500, for a public housing suant to requests from law enforcement and erty disposition and portfolio management agency, but only in the first year that the prosecutive agencies. functions of the Secretary. agency administers a choice-based housing SEC. 1307. CONVERSION OF SECTION 8 ASSIST- (c) RECAPTURE OF AMOUNTS.— assistance program under this title, and only ANCE. (1) AUTHORITY.—In each fiscal year, from if, immediately before the effective date of (a) IN GENERAL.—Any amounts made avail- any budget authority made available for as- this division, the agency was not administer- able to a public housing agency under a con- sistance under this title or section 8 of the ing a tenant-based rental assistance program tract for annual contributions for assistance United States Housing Act of 1937 (as in ef- under the United States Housing Act of 1937 under section 8 of the United States Housing fect before the effective date of the repeal (as in effect immediately before such effec- Act of 1937 (as in effect before the effective under section 1601(b) of this Act) that is obli- tive date), in connection with its initial in- date of the repeal under section 1601(b) of gated to a public housing agency but re- crement of assistance received; this Act) that have not been obligated for mains unobligated by the agency upon the (2) the costs incurred in assisting families such assistance by such agency before such expiration of the 8-month period beginning who experience difficulty (as determined by effective date shall be used to provide assist- upon the initial availability of such amounts the Secretary) in obtaining appropriate ance under this title, except to the extent for obligation by the agency, the Secretary housing under the programs; and the Secretary determines such use is incon- may deobligate an amount, as determined by (3) extraordinary costs approved by the sistent with existing commitments. the Secretary, not exceeding 50 percent of Secretary. (b) EXCEPTION.—Subsection (a) shall not such unobligated amount. (c) TRANSFER OF FEES IN CASES OF CONCUR- apply to any amounts made available under (2) USE.—The Secretary may reallocate RENT GEOGRAPHICAL JURISDICTION.—In each a contract for housing constructed or sub- and transfer any amounts deobligated under fiscal year, if any public housing agency pro- stantially rehabilitated pursuant to section paragraph (1) only to public housing agencies vides tenant-based rental assistance under 8(b)(2) of the United States Housing Act of in areas that the Secretary determines have section 8 of the United States Housing Act of 1937, as in effect before October 1, 1983. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5617 SEC. 1308. RECAPTURE AND REUSE OF ANNUAL for individuals who are victims of domestic ing unit pursuant to the housing assistance CONTRACT PROJECT RESERVES violence. payments contract exceeds the applicable UNDER CHOICE-BASED HOUSING AS- (e) PORTABILITY OF HOUSING ASSISTANCE.— payment standard (established under section SISTANCE AND SECTION 8 TENANT- (1) NATIONAL PORTABILITY.—An eligible 1353) for the dwelling unit, the assisted fam- BASED ASSISTANCE PROGRAMS. To the extent that the Secretary deter- family that is selected to receive or is re- ily residing in the unit shall contribute (in mines that the amount in the reserve ac- ceiving assistance under this title may rent addition to the amount of the monthly rent count for annual contributions contracts (for any eligible dwelling unit in any area where contribution otherwise determined under housing assistance under this title or tenant- a program is being administered under this paragraph (1) for such family) such entire ex- based assistance under section 8 of the title. Notwithstanding the preceding sen- cess rental amount. United States Housing Act of 1937) that is tence, a public housing agency may require (b) MINIMUM MONTHLY RENTAL CONTRIBU- under contract with a public housing agency that any family not living within the juris- TION.— for such assistance is in excess of the diction of the public housing agency at the (1) IN GENERAL.—The public housing agency amounts needed by the agency, the Sec- time the family applies for assistance from shall determine the amount of the minimum retary shall recapture such excess amount. the agency shall, during the 12-month period monthly rental contribution of an assisted The Secretary may hold recaptured amounts beginning on the date of initial receipt of family (which rent shall include any amount in reserve until needed to enter into, amend, housing assistance made available on behalf allowed for utilities), which— or renew contracts under this title or to of the family from such agency, lease and oc- (A) shall be based upon factors including amend or renew contracts under section 8 of cupy an eligible dwelling unit located within the adjusted income of the family and any such Act for tenant-based assistance with the jurisdiction served by the agency. The other factors that the agency considers ap- any agency. agency for the jurisdiction into which the propriate; family moves shall have the responsibility Subtitle B—Choice-Based Housing Assistance (B) shall be not less than $25, nor more for administering assistance for the family. for Eligible Families than $50; and (2) SOURCE OF FUNDING FOR A FAMILY THAT (C) may be increased annually by the agen- SEC. 1321. ELIGIBLE FAMILIES AND PREF- MOVES.—For a family that has moved into cy, except that no such annual increase may ERENCES FOR ASSISTANCE. the jurisdiction of a public housing agency exceed 10 percent of the amount of the mini- (a) LOW-INCOME REQUIREMENT.—Housing and that, at the time of the move, has been assistance under this title may be provided mum monthly contribution in effect for the selected to receive, or is receiving, assist- only on behalf of a family that— preceding year. ance provided by another agency, the agency (1) at the time that such assistance is ini- (2) HARDSHIP PROVISIONS.— for the jurisdiction into which the family tially provided on behalf of the family, is de- (A) IN GENERAL.—Notwithstanding para- has moved may, in its discretion, cover the termined by the public housing agency to be graph (1), a public housing agency shall cost of assisting the family under its con- a low-income family; or grant an exemption in whole or in part from tract with the Secretary or through reim- (2) qualifies to receive such assistance payment of the minimum monthly rental bursement from the other agency under that under any other provision of Federal law. contribution established under this para- agency’s contract. (b) INCOME TARGETING.—Of the families ini- graph to any assisted family unable to pay (3) AUTHORITY TO DENY ASSISTANCE TO CER- tially assisted under this title by a public such amount because of financial hardship, TAIN FAMILIES WHO MOVE.—A family may not housing agency in any year, not less than 40 which shall include situations in which (i) receive housing assistance as provided under percent shall be families whose incomes do the family has lost eligibility for or is await- this subsection if the family has moved from not exceed 30 percent of the area median in- ing an eligibility determination for a Fed- a dwelling unit in violation of the lease for come, as determined by the Secretary with eral, State, or local assistance program, in- the dwelling unit. adjustments for smaller and larger families. cluding a family that includes a member who (4) FUNDING ALLOCATIONS.—In providing as- The Secretary may establish income ceiling is an alien lawfully admitted for permanent sistance amounts under this title for public higher or lower than 30 percent of the area residence under the Immigration and Nation- housing agencies for any fiscal year, the Sec- median income on the basis of the Sec- ality Act who would be entitled to public retary may give consideration to any reduc- retary’s findings that such variations are benefits but for title IV of the Personal Re- tion or increase in the number of resident necessary because of unusually high or low sponsibility and Work Opportunity Rec- families under the program of an agency in family incomes. onciliation Act of 1996; (ii) the family would (c) REVIEWS OF FAMILY INCOMES.— the preceding fiscal year as a result of this be evicted as a result of imposition of the (1) IN GENERAL.—Reviews of family in- subsection. minimum rent; (iii) the income of the family comes for purposes of this title shall be sub- (f) CONFIDENTIALITY FOR VICTIMS OF DOMES- has decreased because of changed cir- ject to the provisions of section 904 of the TIC VIOLENCE.—A public housing agency shall cumstance, including loss of employment; Stewart B. McKinney Homeless Assistance be subject to the restrictions regarding re- and (iv) a death in the family has occurred; Amendments Act of 1988 and shall be con- lease of information relating to the identity and other situations as may be determined ducted upon the initial provision of housing and new residence of any family receiving by the agency. assistance for the family and thereafter not housing assistance who was a victim of do- (B) WAITING PERIOD.—If an assisted family less than annually. mestic violence that are applicable to shel- requests a hardship exemption under this (2) PROCEDURES.—Each public housing ters pursuant to the Family Violence Pre- paragraph and the public housing agency agency administering housing assistance vention and Services Act. The agency shall reasonably determines the hardship to be of under this title shall establish procedures work with the United States Postal Service a temporary nature, an exemption shall not that are appropriate and necessary to ensure to establish procedures consistent with the be granted during the 90-day period begin- that income data provided to the agency and confidentiality provisions in the Violence ning upon the making of a request for the ex- owners by families applying for or receiving Against Women Act of 1994. emption. An assisted family may not be housing assistance from the agency is com- SEC. 1322. RESIDENT CONTRIBUTION. evicted during such 90-day period for non- plete and accurate. (a) AMOUNT.— payment of rent. In such a case, if the as- (d) PREFERENCES FOR ASSISTANCE.— (1) MONTHLY RENT CONTRIBUTION.—An as- sisted family thereafter demonstrates that (1) AUTHORITY TO ESTABLISH.—Any public sisted family shall contribute on a monthly the financial hardship is of a long-term housing agency that receives amounts under basis for the rental of an assisted dwelling basis, the agency shall retroactively exempt this title may establish a system for making unit an amount that the public housing the family from the applicability of the min- housing assistance available on behalf of eli- agency determines is appropriate with re- imum rent requirement for such 90-day pe- gible families that provides preference for spect to the family and the unit, but which— riod. such assistance to eligible families having (A) shall not be less than the minimum (c) TREATMENT OF CHANGES IN RENTAL CON- certain characteristics. monthly rental contribution determined TRIBUTION.— (2) CONTENT.—Each system of preferences under subsection (b); and (1) NOTIFICATION OF CHANGES.—A public established pursuant to this subsection shall (B) shall not exceed the greatest of— housing agency shall promptly notify the be based upon local housing needs and prior- (i) 30 percent of the monthly adjusted in- owner of an assisted dwelling unit of any ities, as determined by the public housing come of the family; change in the resident contribution by the agency using generally accepted data (ii) 10 percent of the monthly income of the assisted family residing in the unit that sources, including any information obtained family; and takes effect immediately or at a later date. pursuant to an opportunity for public com- (iii) if the family is receiving payments for (2) COLLECTION OF RETROACTIVE CHANGES.— ment as provided under section 1106(e) and welfare assistance from a public agency and In the case of any change in the rental con- under the requirements applicable to the a part of such payments, adjusted in accord- tribution of an assisted family that affects comprehensive housing affordability strat- ance with the actual housing costs of the rental payments previously made, the public egy for the relevant jurisdiction. family, is specifically designated by such housing agency shall collect any additional (3) SENSE OF THE CONGRESS.—It is the sense agency to meet the housing costs of the fam- amounts required to be paid by the family of the Congress that, to the greatest extent ily, the portion of such payments that is so under such change directly from the family practicable, public housing agencies involved designated. and shall refund any excess rental contribu- in the selection of tenants under the provi- (2) EXCESS RENTAL AMOUNT.—In any case in tion paid by the family directly to the fam- sions of this title should adopt preferences which the monthly rent charged for a dwell- ily. H5618 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(d) PHASE-IN OF RENT CONTRIBUTION IN- SEC. 1325. TERMINATION OF TENANCY. whether the agency is utilizing the standard CREASES.— Each housing assistance payments con- under subparagraph (A) or (B) of paragraph (1) IN GENERAL.—Except as provided in tract shall provide that the owner shall con- (2). paragraph (2), for any family that is receiv- duct the termination of tenancy of any ten- (b) DETERMINATIONS.— ing tenant-based rental assistance under sec- ant of an assisted dwelling unit under the (1) IN GENERAL.—A public housing agency tion 8 of the United States Housing Act of contract in accordance with applicable State shall make the determinations required 1937 upon the initial applicability of the pro- or local laws, including providing any notice under subsection (a) pursuant to an inspec- visions of this title to such family, if the of termination required under such laws. tion of the dwelling unit conducted before monthly contribution for rental of an as- SEC. 1326. ELIGIBLE OWNERS. any assistance payment is made for the unit. sisted dwelling unit to be paid by the family (a) OWNERSHIP ENTITY.—Rental assistance (2) EXPEDITIOUS INSPECTION.—Inspections of upon such initial applicability is greater under this title may be provided for any eli- dwelling units under this subsection shall be than the amount paid by the family under gible dwelling unit for which the owner is made before the expiration of the 15-day pe- the provisions of the United States Housing any public agency, private person or entity riod beginning upon a request by the resi- Act of 1937 immediately before such applica- (including a cooperative), nonprofit organi- dent or landlord to the public housing agen- bility, any such resulting increase in rent zation, agency of the Federal Government, cy. The performance of the agency in meet- contribution shall be— or public housing agency. ing the 15-day inspection deadline shall be (A) phased in equally over a period of not (b) INELIGIBLE OWNERS.— taken into account in assessing the perform- less than 3 years, if such increase is 30 per- (1) IN GENERAL.—Notwithstanding sub- ance of the agency. cent or more of such contribution before ini- section (a), a public housing agency— (c) FEDERAL HOUSING QUALITY STAND- tial applicability; and (A) may not enter into a housing assist- ARDS.—The Secretary shall establish housing (B) limited to not more than 10 percent per ance payments contract (or renew an exist- quality standards under this subsection that year if such increase is more than 10 percent ing contract) covering a dwelling unit that is ensure that assisted dwelling units are safe, but less than 30 percent of such contribution owned by an owner who is debarred, sus- clean, and healthy. Such standards shall in- before initial applicability. pended, or subject to limited denial of par- clude requirements relating to habitability, (2) EXCEPTION.—The minimum rent con- ticipation under part 24 of title 24, Code of including maintenance, health and sanita- tribution requirement under subsection Federal Regulations; tion factors, condition, and construction of (b)(1) shall apply to each family described in (B) may prohibit, or authorize the termi- dwellings, and shall, to the greatest extent paragraph (1) of this subsection, notwith- nation or suspension of, payment of housing practicable, be consistent with the standards standing such paragraph. assistance under a housing assistance pay- established under section 1232(b). The Sec- SEC. 1323. RENTAL INDICATORS. ments contract in effect at the time such de- retary shall differentiate between major and (a) IN GENERAL.—The Secretary shall es- barment, suspension, or limited denial of minor violations of such standards. tablish and issue rental indicators under this participation takes effect. (d) ANNUAL INSPECTIONS.—Each public section periodically, but not less than annu- If the public housing agency takes action housing agency providing housing assistance ally, for existing rental dwelling units that under subparagraph (B), the agency shall shall make an annual inspection of each as- are eligible dwelling units. The Secretary take such actions as may be necessary to sisted dwelling unit during the term of the shall establish and issue the rental indica- protect assisted families who are affected by housing assistance payments contracts for tors by housing market area (as the Sec- the action, which may include the provision the unit to determine whether the unit is retary shall establish) for various sizes and of additional assistance under this title to maintained in accordance with the require- types of dwelling units. such families. ments under subsection (a)(2). The agency (b) AMOUNT.—For a market area, the rental (2) PROHIBITION OF SALE OR RENTAL TO RE- shall retain the records of the inspection for indicator established under subsection (a) for LATED PARTIES.—The Secretary shall estab- a reasonable time and shall make the records a dwelling unit of a particular size and type lish guidelines to prevent housing assistance available upon request to the Secretary, the in the market area shall be a dollar amount payments for a dwelling unit that is owned Inspector General for the Department of that reflects the rental amount for a stand- by any spouse, child, or other party who al- Housing and Urban Development, and any ard quality rental unit of such size and type lows an owner described in paragraph (1) to auditor conducting an audit under section in the market area that is an eligible dwell- maintain control of the unit. 1541. ing unit. SEC. 1327. SELECTION OF DWELLING UNITS. (e) INSPECTION GUIDELINES.—The Secretary (c) EFFECTIVE DATE.—The Secretary shall (a) FAMILY CHOICE.—The determination of shall establish procedural guidelines and per- cause the proposed rental indicators estab- the dwelling unit in which an assisted family formance standards to facilitate inspections lished under subsection (a) for each market resides and for which housing assistance is of dwelling units and conform such inspec- area to be published in the Federal Register provided under this title shall be made solely tions with practices utilized in the private with reasonable time for public comment, by the assisted family, subject to the provi- housing market. Such guidelines and stand- and such rental indicators shall become ef- sions of this title and any applicable law. ards shall take into consideration variations fective upon the date of publication in final (b) DEED RESTRICTIONS.—Housing assist- in local laws and practices of public housing form in the Federal Register. ance may not be used in any manner that ab- agencies and shall provide flexibility to au- (d) ANNUAL ADJUSTMENT.—Each rental in- rogates any local deed restriction that ap- thorities appropriate to facilitate efficient dicator in effect under this section shall be plies to any housing consisting of 1 to 4 provision of assistance under this title. adjusted to be effective on October 1 of each dwelling units. Nothing in this section may (f) RULE OF CONSTRUCTION.—This section year to reflect changes, based on the most be construed to affect the provisions or ap- may not be construed to prevent the provi- recent available data trended so that the in- plicability of the Fair Housing Act. sion of housing assistance in connection with dicators will be current for the year to which SEC. 1328. ELIGIBLE DWELLING UNITS. supportive services for elderly or disabled they apply, in rents for existing rental dwell- (a) IN GENERAL.—A dwelling unit shall be families. ing units of various sizes and types in the an eligible dwelling unit for purposes of this SEC. 1329. HOMEOWNERSHIP OPTION. market area suitable for occupancy by fami- title only if the public housing agency to (a) IN GENERAL.—A public housing agency lies assisted under this title. provide housing assistance for the dwelling providing housing assistance under this title SEC. 1324. LEASE TERMS. unit determines that the dwelling unit— may provide homeownership assistance to Rental assistance may be provided for an (1) is an existing dwelling unit that is not assist eligible families to purchase a dwell- eligible dwelling unit only if the assisted located within a nursing home or the ing unit (including purchase under lease-pur- family and the owner of the dwelling unit grounds of any penal, reformatory, medical, chase homeownership plans). enter into a lease for the unit that— mental, or similar public or private institu- (b) REQUIREMENTS.—A public housing agen- (1) provides for a single lease term of 12 tion; and cy providing homeownership assistance months and continued tenancy after such (2) complies— under this section shall, as a condition of an term under a periodic tenancy on a month- (A) in the case of a dwelling unit located in eligible family receiving such assistance, re- to-month basis; a jurisdiction which has in effect laws, regu- quire the family to— (2) contains terms and conditions specify- lations, standards, or codes regarding habit- (1) demonstrate that the family has suffi- ing that termination of tenancy during the ability of residential dwellings, with such ap- cient income from employment or other term of a lease shall be subject to the provi- plicable laws, regulations, standards, or sources (other than public assistance), as de- sions set forth in sections 1642 and 1643; and codes; or termined in accordance with requirements (3) is set forth in the standard form, which (B) in the case of a dwelling unit located in established by the agency; and is used in the local housing market area by a jurisdiction which does not have in effect (2) meet any other initial or continuing re- the owner and applies generally to any other laws, regulations, standards, or codes de- quirements established by the public housing tenants in the property who are not assisted scribed in subparagraph (A), with the hous- agency. families, together with any addendum nec- ing quality standards established under sub- (c) DOWNPAYMENT REQUIREMENT.— essary to include the many terms required section (c). (1) IN GENERAL.—A public housing agency under this section. Each public housing agency providing hous- may establish minimum downpayment re- A lease may include any addenda appropriate ing assistance shall identify, in the local quirements, if appropriate, in connection to set forth the provisions under this title. housing management plan for the agency, with loans made for the purchase of dwelling July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5619 units for which homeownership assistance is such exceptions as the Secretary considers on behalf of such assisted family in a fiscal provided under this section. If the agency es- appropriate to facilitate the provision of as- year shall reserve from amounts made avail- tablishes a minimum downpayment require- sistance under this subsection. able to the agency for assistance payments ment, the agency shall permit the family to Subtitle C—Payment of Housing Assistance for such fiscal year an amount equal to the use grant amounts, gifts from relatives, con- on Behalf of Assisted Families amount described in paragraph (2). At the tributions from private sources, and similar end of each fiscal year, the Secretary shall SEC. 1351. HOUSING ASSISTANCE PAYMENTS amounts as downpayment amounts in such CONTRACTS. recapture any such amounts reserved by pub- purchase, subject to the requirements of (a) IN GENERAL.—Each public housing lic housing agencies and such amounts shall paragraph (2). agency that receives amounts under a con- be covered into the General Fund of the (2) DIRECT FAMILY CONTRIBUTION.—In pur- tract under section 1302 may enter into hous- Treasury of the United States. chasing housing pursuant to this section ing assistance payments contracts with own- For purposes of this section, in the case of a subject to a downpayment requirement, each ers of existing dwelling units to make hous- family receiving homeownership assistance family shall contribute an amount of the ing assistance payments to such owners in under section 1329, the term ‘‘gross rent’’ downpayment, from resources of the family accordance with this title. shall mean the homeownership costs to the other than grants, gifts, contributions, or (b) PHA ACTING AS OWNER.—A public hous- family as determined in accordance with other similar amounts referred to in para- ing agency may enter into a housing assist- guidelines of the Secretary. graph (1), that is not less than 1 percent of ance payments contract to make housing as- SEC. 1353. PAYMENT STANDARDS. the purchase price. sistance payments under this title to itself (a) ESTABLISHMENT.—Each public housing (d) INELIGIBILITY UNDER OTHER PRO- (or any agency or instrumentality thereof) agency providing housing assistance under GRAMS.—A family may not receive home- as the owner of dwelling units (other than this title shall establish payment standards ownership assistance pursuant to this sec- public housing), and the agency shall be sub- under this section for various areas, and tion during any period when assistance is ject to the same requirements that are appli- sizes and types of dwelling units, for use in being provided for the family under other cable to other owners, except that the deter- determining the amount of monthly housing Federal homeownership assistance programs, assistance payment to be provided on behalf as determined by the Secretary, including minations under sections 1328(a) and 1354(b) of assisted families. assistance under the HOME Investment shall be made by a competent party not af- (b) USE OF RENTAL INDICATORS.—The pay- Partnerships Act, the Homeownership and filiated with the agency, and the agency ment standard for each size and type of hous- Opportunity Through HOPE Act, title II of shall be responsible for any expenses of such ing for each market area shall be an amount the Housing and Community Development determinations. that is not less than 80 percent, and not Act of 1987, and section 502 of the Housing (c) PROVISIONS.—Each housing assistance greater than 120 percent, of the rental indi- Act of 1949. payments contract shall— cator established under section 1323 for such SEC. 1330. ASSISTANCE FOR RENTAL OF MANU- (1) have a term of not more than 12 FACTURED HOMES. months; size and type for such area. (c) REVIEW.—If the Secretary determines, (a) AUTHORITY.—Nothing in this title may (2) require that the assisted dwelling unit be construed to prevent a public housing may be rented only pursuant to a lease that at any time, that a significant percentage of agency from providing housing assistance complies with the requirements of section the assisted families who are assisted by a under this title on behalf of a low-income 1324; public housing agency and are occupying family for the rental of— (3) comply with the requirements of sec- dwelling units of a particular size are paying (1) a manufactured home that is the prin- tions 1325, 1642, and 1643 (relating to termi- more than 30 percent of their adjusted in- cipal residence of the family and the real nation of tenancy); comes for rent, the Secretary shall review property on which the home is located; or (4) require the owner to maintain the the payment standard established by the (2) the real property on which is located a dwelling unit in accordance with the applica- agency for such size dwellings. If, pursuant manufactured home, which is owned by the ble standards under section 1328(a)(2); and to the review, the Secretary determines that family and is the principal residence of the (5) provide that the screening and selection such payment standard is not appropriate to family. of eligible families for assisted dwelling serve the needs of the low-income population (b) ASSISTANCE FOR CERTAIN FAMILIES OWN- units shall be the function of the owner. of the jurisdiction served by the agency (tak- ING MANUFACTURED HOMES.— SEC. 1352. AMOUNT OF MONTHLY ASSISTANCE ing into consideration rental costs in the (1) AUTHORITY.—Notwithstanding section PAYMENT. area), as identified in the approved commu- 1351 or any other provision of this title, a (a) UNITS HAVING GROSS RENT EXCEEDING nity improvement plan of the agency, the public housing agency that receives amounts PAYMENT STANDARD.—In the case of a dwell- Secretary may require the public housing under a contract under section 1302 may ing unit bearing a gross rent that exceeds agency to modify the payment standard. enter into a housing assistance payment con- the payment standard established under sec- SEC. 1354. REASONABLE RENTS. tract to make assistance payments under tion 1353 for a dwelling unit of the applicable (a) ESTABLISHMENT.—The rent charged for this title to a family that owns a manufac- size and located in the market area in which a dwelling unit for which rental assistance is tured home, but only as provided in para- such assisted dwelling unit is located, the provided under this title shall be established graph (2). amount of the monthly assistance payment pursuant to negotiation and agreement be- (2) LIMITATIONS.—In the case only of a low- shall be the amount by which such payment tween the assisted family and the owner of income family that owns a manufactured standard exceeds the amount of the resident the dwelling unit. home, rents the real property on which it is contribution determined in accordance with (b) REASONABLENESS.— located, and to whom housing assistance section 1322(a)(1). (1) DETERMINATION.—A public housing under this title has been made available for (b) SHOPPING INCENTIVE FOR UNITS HAVING agency providing rental assistance under the rental of such property, the public hous- GROSS RENT NOT EXCEEDING PAYMENT STAND- this title for a dwelling unit shall, before ing agency making such assistance available ARD.—In the case of an assisted family rent- commencing assistance payments for a unit shall enter into a contract to make housing ing an eligible dwelling unit bearing a gross (with respect to initial contract rents and assistance payments under this title directly rent that does not exceed the payment any rent revisions), determine whether the to the family (rather than to the owner of standard established under section 1353 for a rent charged for the unit exceeds the rents such real property) if— dwelling unit of the applicable size and lo- charged for comparable units in the applica- (A) the owner of the real property refuses cated in the market area in which such as- ble private unassisted market. to enter into a contract to receive housing sisted dwelling unit is located, the following (2) UNREASONABLE RENTS.—If the agency assistance payments pursuant to section requirements shall apply: determines that the rent charged for a dwell- 1351(a); (1) AMOUNT OF MONTHLY ASSISTANCE PAY- ing unit exceeds such comparable rents, the (B) the family was residing in such manu- MENT.—The amount of the monthly assist- agency shall— factured home on such real property at the ance payment for housing assistance under (A) inform the assisted family renting the time such housing assistance was initially this title on behalf of the assisted family unit that such rent exceeds the rents for made available on behalf of the family; shall be the amount by which the gross rent comparable unassisted units in the market; (C) the family provides such assurances to for the dwelling unit exceeds the amount of and the agency, as the Secretary may require, to the resident contribution. (B) refuse to provide housing assistance ensure that amounts from the housing as- (2) ESCROW OF SHOPPING INCENTIVE SAV- payments for such unit. sistance payments are used for rental of the INGS.—An amount equal to 50 percent of the SEC. 1355. PROHIBITION OF ASSISTANCE FOR VA- real property; and difference between payment standard and CANT RENTAL UNITS. (D) the rental of the real property other- the gross rent for the dwelling unit shall be If an assisted family vacates a dwelling wise complies with the requirements for as- placed in an interest bearing escrow account unit for which rental assistance is provided sistance under this title. on behalf of such family on a monthly basis under a housing assistance payments con- A contract pursuant to this subsection shall by the public housing agency. Amounts in tract before the expiration of the term of the be subject to the provisions of section 1351 the escrow account shall be made available lease for the unit, rental assistance pursuant and any other provisions applicable to hous- to the assisted family on an annual basis. to such contract may not be provided for the ing assistance payments contracts under this (3) DEFICIT REDUCTION.—The public housing unit after the month during which the unit title, except that the Secretary may provide agency making housing assistance payments was vacated. H5620 CONGRESSIONAL RECORD — HOUSE July 15, 1998

Subtitle D—General and Miscellaneous ticipants in any entity owning a multifamily (c) EFFECTIVE DATE.—This section shall Provisions housing project, as well as the entity itself. take effect on the date of the enactment of SEC. 1371. DEFINITIONS. (11) RENT.—The terms ‘‘rent’’ and ‘‘rental’’ this Act. For purposes of this title: include, with respect to members of a coop- SEC. 1374. STUDY REGARDING RENTAL ASSIST- (1) ASSISTED DWELLING UNIT.—The term erative, the charges under the occupancy ANCE. ‘‘assisted dwelling unit’’ means a dwelling agreements between such members and the The Secretary shall conduct a nationwide unit in which an assisted family resides and cooperative. study of the choice-based housing assistance for which housing assistance payments are (12) RENTAL ASSISTANCE.—The term ‘‘rental program under this title and the tenant- made under this title. assistance’’ means housing assistance pro- based rental assistance program under sec- (2) ASSISTED FAMILY.—The term ‘‘assisted vided under this title for the rental of a tion 8 of the United States Housing Act of family’’ means an eligible family on whose dwelling unit. 1937 (as in effect pursuant to sections 1601(c) behalf housing assistance payments are SEC. 1372. RENTAL ASSISTANCE FRAUD RECOV- and 1602(b)). The study shall, for various lo- made under this title or who has been se- ERIES. calities— lected and approved for housing assistance. (a) AUTHORITY TO RETAIN RECOVERED (1) determine who are the providers of the (3) CHOICE-BASED.—The term ‘‘choice- AMOUNTS.—The Secretary shall permit pub- housing in which families assisted under based’’ means, with respect to housing as- lic housing agencies administering housing such programs reside; sistance, that the assistance is not attached assistance under this title to retain, out of (2) describe and analyze the physical and to a dwelling unit but can be used for any el- amounts obtained by the authorities from demographic characteristics of the housing igible dwelling unit selected by the eligible tenants that are due as a result of fraud and in which such assistance is used, including, family. abuse, an amount (determined in accordance for housing in which at least one such as- (4) ELIGIBLE DWELLING UNIT.—The term ‘‘el- with regulations issued by the Secretary) sisted family resides, the total number of igible dwelling unit’’ means a dwelling unit equal to the greater of— units in the housing and the number of units that complies with the requirements under (1) 50 percent of the amount actually col- in the housing for which such assistance is section 1328 for consideration as an eligible lected; or provided; dwelling unit. (2) the actual, reasonable, and necessary (3) determine the total number of units for (5) ELIGIBLE FAMILY.—The term ‘‘eligible expenses related to the collection, including which such assistance is provided; family’’ means a family that meets the re- costs of investigation, legal fees, and collec- (4) describe the durations that families re- quirements under section 1321(a) for assist- tion agency fees. main on waiting lists before being provided ance under this title. (b) USE.—Amounts retained by an agency such housing assistance; and (6) HOMEOWNERSHIP ASSISTANCE.—The term shall be made available for use in support of (5) assess the extent and quality of partici- ‘‘homeownership assistance’’ means housing the affected program or project, in accord- pation of housing owners in such assistance assistance provided under section 1329 for the ance with regulations issued by the Sec- programs in relation to the local housing ownership of a dwelling unit. retary. If the Secretary is the principal market, including comparing— (7) HOUSING ASSISTANCE.—The term ‘‘hous- party initiating or sustaining an action to (A) the quality of the housing assisted to ing assistance’’ means choice-based assist- recover amounts from families or owners, the housing generally available in the same ance provided under this title on behalf of the provisions of this section shall not apply. market; and low-income families for the rental or owner- (c) RECOVERY.—Amounts may be recovered (B) the extent to which housing is avail- ship of an eligible dwelling unit. under this section— able to be occupied using such assistance to (8) HOUSING ASSISTANCE PAYMENTS CON- (1) by an agency through a lawsuit (includ- the extent to which housing is generally TRACT.—The term ‘‘housing assistance pay- ing settlement of the lawsuit) brought by the available in the same market. ments contract’’ means a contract under sec- agency or through court-ordered restitution The Secretary shall submit a report describ- tion 1351 between a public housing agency (or pursuant to a criminal proceeding resulting ing the results of the study to the Congress the Secretary) and an owner to make hous- from an agency’s investigation where the not later than the expiration of the 2-year ing assistance payments under this title to agency seeks prosecution of a family or period beginning on the date of the enact- the owner on behalf of an assisted family. where an agency seeks prosecution of an ment of this Act. (9) PUBLIC HOUSING AGENCY.—The terms owner; TITLE XIV—HOME RULE FLEXIBLE GRANT ‘‘public housing agency’’ and ‘‘agency’’ have (2) through administrative repayment OPTION the meaning given such terms in section agreements with a family or owner entered SEC. 1401. PURPOSE. 1103, except that the terms include— into as a result of an administrative griev- The purpose of this title is to give local (A) a consortia of public housing agencies ance procedure conducted by an impartial governments and municipalities the flexibil- that the Secretary determines has the capac- decisionmaker in accordance with section ity to design creative approaches for provid- ity and capability to administer a program 1110; or ing and administering Federal housing as- for housing assistance under this title in an (3) through an agreement between the par- sistance based on the particular needs of the efficient manner; ties. communities that— (B) any other entity that, upon the effec- SEC. 1373. STUDY REGARDING GEOGRAPHIC CON- (1) give incentives to low-income families tive date of this division, was administering CENTRATION OF ASSISTED FAMI- with children where the head of household is any program for tenant-based rental assist- LIES. working, seeking work, or preparing for ance under section 8 of the United States (a) IN GENERAL.—The Secretary shall con- work by participating in job training, edu- Housing Act of 1937 (as in effect before the duct a study of the geographic areas in the cational programs, or programs that assist effective date of the repeal under section State of Illinois served by the Housing Au- people to obtain employment and become 1601(b) of this Act), pursuant to a contract thority of Cook County and the Chicago economically self-sufficient; with the Secretary or a public housing agen- Housing Authority and submit to the Con- (2) reduce cost and achieve greater cost-ef- cy; and gress a report and a specific proposal, which fectiveness in Federal housing assistance ex- (C) with respect to any area in which no addresses and resolves the issues of— penditures; public housing agency has been organized or (1) the adverse impact on local commu- (3) increase housing choices for low-income where the Secretary determines that a pub- nities due to geographic concentration of as- families; and lic housing agency is unwilling or unable to sisted households under the tenant-based (4) reduce excessive geographic concentra- implement this title, or is not performing ef- housing programs under section 8 of the tion of assisted families. fectively— United States Housing Act of 1937 (as in ef- SEC. 1402. FLEXIBLE GRANT PROGRAM. (i) the Secretary or another entity that by fect upon the enactment of this Act) and (a) AUTHORITY AND USE.—The Secretary contract agrees to receive assistance under this title; and shall carry out a program under which a ju- amounts under this title and enter into (2) facilitating the deconcentration of such risdiction may, upon the application of the housing assistance payments contracts with assisted households by providing broader jurisdiction and the review and approval of owners and perform the other functions of housing choices to such households. the Secretary, receive, combine, and enter public housing agency under this title; or The study shall be completed, and the report into performance-based contracts for the use (ii) notwithstanding any provision of State shall be submitted, not later than 90 days of amounts of covered housing assistance in or local law, a public housing agency for an- after the date of the enactment of this Act. a period consisting of not less than 1 nor other area that contracts with the Secretary (b) CONCENTRATION.—For purposes of this more than 5 fiscal years in the manner deter- to administer a program for housing assist- section, the term ‘‘concentration’’ means, mined appropriate by the participating juris- ance under this title, without regard to any with respect to any area within a census diction— otherwise applicable limitations on its area tract, that— (1) to provide housing assistance and serv- of operation. (1) 15 percent or more of the households re- ices for low-income families in a manner (10) OWNER.—The term ‘‘owner’’ means the siding within such area have incomes which that facilitates the transition of such fami- person or entity having the legal right to do not exceed the poverty level; or lies to work; lease or sublease dwelling units. Such term (2) 15 percent or more of the total afford- (2) to reduce homelessness; includes any principals, general partners, able housing stock located within such area (3) to increase homeownership among low- primary shareholders, and other similar par- is assisted housing. income families; and July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5621 (4) for other housing purposes for low-in- tions charged to families assisted with ity of this title is greater than the amount come families determined by the participat- amounts received pursuant to this title— paid by the family immediately before such ing jurisdiction. (1) do not exceed the amount that would be applicability, any such resulting increase in (b) INAPPLICABILITY OF CATEGORICAL PRO- chargeable under title XII to such families rent contribution shall be— GRAM REQUIREMENTS.— were such families residing in public housing (A) phased in equally over a period of not (1) IN GENERAL.—Except as provided in assisted under such title; or less than 3 years, if such increase is 30 per- paragraph (2) and section 1405, the provisions (2) are established, pursuant to approval by cent or more of such contribution before ini- of this division regarding use of amounts the Secretary of a proposed rent structure tial applicability; and made available under each of the programs included in the application under section (B) limited to not more than 10 percent per included as covered housing assistance and 1406, at levels that are reasonable and de- year if such increase is more than 10 percent the program requirements applicable to each signed to eliminate any disincentives for but less than 30 percent of such contribution such program shall not apply to amounts re- members of the family to obtain employ- before initial applicability. ceived by a jurisdiction pursuant to this ment and attain economic self-sufficiency. (h) AMOUNT OF ASSISTANCE.—In providing title. (d) HOUSING QUALITY STANDARDS.— housing assistance using amounts received (2) APPLICABILITY OF CERTAIN LAWS.—This (1) COMPLIANCE.—A participating jurisdic- pursuant to this title, the amount of assist- title may not be construed to exempt assist- tion shall ensure that housing assisted with ance provided by a participating jurisdiction ance under this division from, or make inap- amounts received pursuant to this title is on behalf of each assisted low-income family plicable any provision of this division or of maintained in a condition that complies— shall be sufficient so that if the family used any other law that requires that assistance (A) in the case of housing located in a ju- such assistance to rent a dwelling unit hav- under this division be provided in compli- risdiction which has in effect laws, regula- ing a rent equal to the 40th percentile of ance with— tions, standards, or codes regarding habit- rents for standard quality rental units of the (A) title VI of the Civil Rights Act of 1964 ability of residential dwellings, with such ap- same size and type in the same market area, (42 U.S.C. 2000d et seq.); plicable laws, regulations, standards, or the contribution toward rental paid by the (B) the Fair Housing Act (42 U.S.C. 3601 et codes; or family would be affordable (as such term is seq.); (B) in the case of housing located in a ju- defined by the jurisdiction) to the family. (C) section 504 of the Rehabilitation Act of risdiction which does not have in effect laws, (i) PORTABILITY.—A participating jurisdic- 1973 (29 U.S.C. 701 et seq.); regulations, standards, or codes described in tion shall ensure that financial assistance (D) title IX of the Education Amendments paragraph (1), with the housing quality for housing provided with amounts received of 1972 (86 Stat. 373 et seq.); standards established under paragraph (2). pursuant to this title may be used by a fam- (E) the Age Discrimination Act of 1975 (42 (2) FEDERAL HOUSING QUALITY STANDARDS.— ily moving from an assisted dwelling unit lo- U.S.C. 6101 et seq.); The Secretary shall establish housing qual- cated within the jurisdiction to obtain a (F) the Americans with Disabilities Act of ity standards under this paragraph that en- dwelling unit located outside of the jurisdic- 1990; or sure that dwelling units assisted under this tion. (G) the National Environmental Policy Act title are safe, clean, and healthy. Such (j) PREFERENCES.—In providing housing as- of 1969 and other provisions of law that fur- standards shall include requirements relat- sistance using amounts received pursuant to ther protection of the environment (as speci- ing to habitability, including maintenance, this title, a participating jurisdiction may fied in regulations that shall be issued by the health and sanitation factors, condition, and establish a system for making housing as- Secretary). construction of dwellings, and shall, to the sistance available that provides preference (c) EFFECT ON PROGRAM ALLOCATIONS FOR greatest extent practicable, be consistent for assistance to families having certain COVERED HOUSING ASSISTANCE.—The amount with the standards established under sec- characteristics. A system of preferences es- of assistance received pursuant to this title tions 1232(b) and 1328(c). The Secretary shall tablished pursuant to this subsection shall by a participating jurisdiction shall not be differentiate between major and minor viola- be based on local housing needs and prior- decreased, because of participation in the tions of such standards. ities, as determined by the jurisdiction using program under this title, from the sum of (e) NUMBER OF FAMILIES ASSISTED.—A par- generally accepted data sources. the amounts that otherwise would be made ticipating jurisdiction shall ensure that, in (k) COMMUNITY WORK REQUIREMENT.— available for or within the participating ju- providing assistance with amounts received (1) APPLICABILITY OF REQUIREMENTS FOR risdiction under the programs included as pursuant to this title in each fiscal year, not PHA’S.—Except as provided in paragraph (2), covered housing assistance. less than substantially the same total num- participating jurisdictions, families assisted SEC. 1403. COVERED HOUSING ASSISTANCE. ber of eligible low-income families are as- with amounts received pursuant to this title, sisted as would have been assisted had the For purposes of this title, the term ‘‘cov- and dwelling units assisted with amounts re- amounts of covered housing assistance not ered housing assistance’’ means— ceived pursuant to this title, shall be subject been combined for use under this title. (1) operating assistance provided under sec- to the provisions of section 1105 to the same tion 9 of the United States Housing Act of (f) CONSISTENCY WITH WELFARE PROGRAM.— A participating jurisdiction shall ensure that extent that such provisions apply with re- 1937 (as in effect before the effective date of spect to public housing agencies, families re- the repeal under section 1601(b) of this Act); assistance provided with amounts received pursuant to this title is provided in a man- siding in public housing dwelling units and (2) modernization assistance provided families assisted under title XIII, and public under section 14 of such Act; ner that is consistent with the welfare, pub- lic assistance, or other economic self-suffi- housing dwelling units and dwelling units as- (3) assistance provided under section 8 of sisted under title XIII. such Act for the certificate and voucher pro- ciency programs operating in the jurisdic- (2) LOCAL COMMUNITY SERVICE ALTER- grams; tion by facilitating the transition of assisted NATIVE.—Paragraph (1) shall not apply to a (4) assistance for public housing provided families to work, which may include requir- ing compliance with the requirements under participating jurisdiction that, pursuant to under title XII of this Act; and approval by the Secretary of a proposal in- (5) choice-based rental assistance provided such welfare, public assistance, or self-suffi- ciency programs as a condition of receiving cluded in the application under section 1406, under title XIII of this Act. is carrying out a local program that is de- Such term does not include any amounts ob- housing assistance with amounts provided signed to foster community service by fami- ligated for assistance under existing con- under this title. lies assisted with amounts received pursuant tracts for project-based assistance under sec- (g) TREATMENT OF CURRENTLY ASSISTED to this title. tion 8 of the United States Housing Act of FAMILIES.— (l) INCOME TARGETING.—In providing hous- 1937 or section 1601(f) of this Act. (1) CONTINUATION OF ASSISTANCE.—A par- ticipating jurisdiction shall ensure that each ing assistance using amounts received pursu- SEC. 1404. PROGRAM REQUIREMENTS. ant to this title in any fiscal year, a partici- (a) ELIGIBLE FAMILIES.—Each family on be- family that was receiving housing assistance pating jurisdiction shall ensure that the half of whom assistance is provided for rent- or residing in an assisted dwelling unit pur- number of families having incomes that do al or homeownership of a dwelling unit using suant to any of the programs included as not exceed 30 percent of the area median in- amounts made available pursuant to this covered housing assistance immediately be- come that are initially assisted under this title shall be a low-income family. Each fore the jurisdiction initially provides assist- title during such fiscal year is not less than dwelling unit assisted using amounts made ance pursuant to this title shall be offered available pursuant to this title shall be assistance or an assisted dwelling unit under substantially the same number of families available for occupancy only by families the program of the jurisdiction under this having such incomes that would be initially that are low-income families at the time of title. assisted in such jurisdiction during such fis- their initial occupancy of the unit. (2) PHASE-IN OF RENT CONTRIBUTION IN- cal year under titles XII and XIII pursuant (b) COMPLIANCE WITH ASSISTANCE PLAN.—A CREASES.—For any family that was receiving to sections 1222(c) and 1321(b)). participating jurisdiction shall provide as- housing assistance pursuant to any of the SEC. 1405. APPLICABILITY OF CERTAIN PROVI- sistance using amounts received pursuant to programs included as covered housing assist- SIONS. this title in the manner set forth in the plan ance immediately before the jurisdiction ini- (a) PUBLIC HOUSING DEMOLITION AND DIS- of the jurisdiction approved by the Secretary tially provides assistance pursuant to this POSITION REQUIREMENTS.—section 1261 shall under section 1406(a)(2). title, if the monthly contribution for rental continue to apply to public housing notwith- (c) RENT POLICY.—A participating jurisdic- of a dwelling unit assisted under this title to standing any use of the housing under this tion shall ensure that the rental contribu- be paid by the family upon initial applicabil- title. H5622 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(b) LABOR STANDARDS.—section 1112 shall (1) REVIEW.—The Secretary shall review suant to this title based on the performance apply to housing assisted with amounts pro- applications for assistance pursuant to this standards contained in the agreements en- vided pursuant to this title, other than hous- title and shall approve or disapprove such tered into pursuant to section 1406(b)(1). ing assisted solely due to occupancy by fami- applications within 60 days after their sub- (b) KEEPING RECORDS.—Each participating lies receiving tenant-based assistance. mission. The Secretary shall provide affected jurisdiction shall keep such records as the SEC. 1406. APPLICATION. public housing agencies an opportunity to Secretary may prescribe as reasonably nec- (a) IN GENERAL.—The Secretary shall pro- review an application submitted under this essary to disclose the amounts and the dis- vide for jurisdictions to submit applications subsection and to provide written comments position of amounts provided pursuant to to receive and use covered housing assist- on the application, which shall be a period of this title, to ensure compliance with the re- ance amounts as authorized in this title for not less than 30 days ending before the Sec- quirements of this title and to measure per- periods of not less than 1 and not more than retary approves or disapproves the applica- formance against the performance goals 5 fiscal years. An application— tion. If the Secretary determines that the under subsection (a). (1) shall be submitted only after the juris- application complies with the requirements (c) REPORTS.—Each participating jurisdic- diction provides for citizen participation of this title, the Secretary shall offer to tion agency shall submit to the Secretary a through a public hearing and, if appropriate, enter into an agreement with jurisdiction report, or series of reports, in a form and at other means; providing for assistance pursuant to this a time specified by the Secretary. The re- (2) shall include a plan developed by the ju- title and incorporating a requirement that ports shall— risdiction for the provision of housing assist- the jurisdiction achieve a particular level of (1) document the use of funds made avail- ance with amounts received pursuant to this performance in each of the areas for which able under this title; title that takes into consideration comments performance standards are established under (2) provide such information as the Sec- from the public hearing and any other public paragraph (2). If the Secretary determines retary may request to assist the Secretary in comments on the proposed program, and that an application does not comply with the assessing the program under this title; and comments from current and prospective resi- requirements of this title, the Secretary (3) describe and analyze the effect of as- dents who would be affected, and that in- shall notify the jurisdiction submitting the sisted activities in addressing the purposes cludes criteria for meeting each of the re- application of the reasons for such dis- of this title. quirements under section 1404 and this title; approval and actions that may be taken to (d) ACCESS TO DOCUMENTS BY SECRETARY.— (3) shall describe how the plan for use of make the application approvable. Upon ap- The Secretary shall have access for the pur- amounts will assist in meeting the goals set proving or disapproving an application under pose of audit and examination to any books, forth in section 1401; this paragraph, the Secretary shall make documents, papers, and records that are per- (4) shall propose standards for measuring such determination publicly available in tinent to assistance in connection with, and performance in using assistance provided writing together with a written statement of the requirements of, this title. pursuant to this title based on the perform- the reasons for such determination. (e) ACCESS TO DOCUMENTS BY COMPTROLLER ance standards under subsection (b)(2); (2) PERFORMANCE STANDARDS.—The Sec- GENERAL.—The Comptroller General of the (5) shall propose the length of the period retary shall establish standards for measur- United States, or any of the duly authorized for which the jurisdiction is applying for as- ing performance of jurisdictions in the fol- representatives of the Comptroller General, sistance under this title; lowing areas: shall have access for the purpose of audit and (6) may include a request assistance for (A) Success in moving dependent low-in- examination to any books, documents, pa- training and technical assistance to assist come families to economic self-sufficiency. pers, and records that are pertinent to as- with design of the program and to partici- (B) Success in reducing the numbers of sistance in connection with, and the require- pate in a detailed evaluation; long-term homeless families. ments of, this title. (7) shall— (C) Decrease in the per-family cost of pro- SEC. 1409. DEFINITIONS. (A) in the case of the application of any ju- viding assistance. For purposes of this title, the following risdiction within whose boundaries are areas (D) Reduction of excessive geographic con- definitions shall apply: subject to any other unit of general local centration of assisted families. (1) JURISDICTION.—The term ‘‘jurisdiction’’ government, include the signed consent of (E) Any other performance goals that the means— the appropriate executive official of such Secretary may prescribe. (A) a unit of general local government (as unit to the application; and (3) APPROVAL.—If the Secretary and a ju- such term is defined in section 104 of the (B) in the case of the application of a con- risdiction that the Secretary determines has Cranston-Gonzalez National Affordable sortia of units of general local government submitted an application meeting the re- Housing Act) that has boundaries, for pur- (as provided under section 1409(1)(B)), include quirements of this title enter into an agree- poses of carrying out this title, that— the signed consent of the appropriate execu- ment referred to in paragraph (1), the Sec- (i) wholly contain the area within which a tive officials of each unit included in the retary shall approve the application and pro- public housing agency is authorized to oper- consortia; vide covered housing assistance for the juris- ate; and (8) shall include information sufficient, in diction in the manner authorized under this (ii) do not contain any areas contained the determination of the Secretary— title. The Secretary may not approve any ap- within the boundaries of any other partici- (A) to demonstrate that the jurisdiction plication for assistance pursuant to this title pating jurisdiction; and has or will have management and adminis- unless the Secretary and jurisdiction enter (B) a consortia of such units of general trative capacity sufficient to carry out the into an agreement referred to in paragraph local government, organized for purposes of plan under paragraph (2); (1). The Secretary shall establish require- this title. (B) to demonstrate that carrying out the ments for the approval of applications under (2) PARTICIPATING JURISDICTION.—The term plan will not result in excessive duplication this section submitted by public housing ‘‘participating jurisdiction’’ means, with re- of administrative efforts and costs, particu- agencies designated under section 1533(a) as spect to a period for which such approval is larly with respect to activities performed by troubled, which may include additional or made, a jurisdiction that has been approved public housing agencies operating within the different criteria determined by the Sec- under section 1406(b)(3) to receive assistance boundaries of the jurisdiction; retary to be more appropriate for such agen- pursuant to this title for such fiscal year. cies. (C) to describe the function and activities TITLE XV—ACCOUNTABILITY AND OVER- (c) STATUS OF PHA’S.—Nothing in this sec- to be carried out by such public housing SIGHT OF PUBLIC HOUSING AGENCIES agencies affected by the plan; and tion or title may be construed to require any Subtitle A—Study of Alternative Methods for (D) to demonstrate that the amounts re- change in the legal status of any public Evaluating Public Housing Agencies ceived by the jurisdiction will be maintained housing agency or in any legal relationship separate from other funds available to the between a jurisdiction and a public housing SEC. 1501. IN GENERAL. jurisdiction and will be used only to carry agency as a condition of participation in the The Secretary of Housing and Urban Devel- out the plan; and program under this title. opment shall provide under section 1505 for a (9) shall include information describing SEC. 1407. TRAINING. study to be conducted to determine the effec- how the jurisdiction will make decisions re- The Secretary, in consultation with rep- tiveness of various alternative methods of garding asset management of housing for resentatives of public and assisted housing evaluating the performance of public hous- low-income families under programs for cov- interests, shall provide training and tech- ing agencies and other providers of federally ered housing assistance or assisted with nical assistance relating to providing assist- assisted housing. grant amounts under this title. ance under this title and conduct detailed SEC. 1502. PURPOSES. A plan required under paragraph (2) to be in- evaluations of up to 30 jurisdictions for the The purposes of the study under this sub- cluded in the application may be contained purpose of identifying replicable program title shall be— in a memorandum of agreement or other doc- models that are successful at carrying out (1) to identify and examine various meth- ument executed by a jurisdiction and public the purposes of this title. ods of evaluating and improving the per- housing agency, if such document is submit- SEC. 1408. ACCOUNTABILITY. formance of public housing agencies in ad- ted together with the application. (a) PERFORMANCE GOALS.—The Secretary ministering public housing and tenant-based (b) REVIEW, APPROVAL, AND PERFORMANCE shall monitor the performance of participat- rental assistance programs and of other pro- STANDARDS.— ing jurisdictions in providing assistance pur- viders of federally assisted housing, which July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5623

are alternatives to oversight by the Depart- ers, including systems for review and mon- (b) REQUIREMENT FOR CONGRESSIONAL RE- ment of Housing and Urban Development; itoring by local and State governmental bod- VIEW OF STUDY.—Notwithstanding any other and ies and agencies. provision of this division, sections 1523, 1524, (2) to identify specific monitoring and (5) PRIVATE MODELS.—Various models using and 1525 shall not take effect and the Board oversight activities currently conducted by private contractors for review and monitor- shall not have any authority to take any ac- the Department of Housing and Urban Devel- ing of such agencies and housing providers. tion under such sections (or otherwise) un- opment that are insufficient or ineffective in (6) OTHER MODELS.—Various models of any less there is enacted a law specifically pro- accurately and efficiently assessing the per- other systems that may be more effective viding for the repeal of this subsection. This formance of public housing agencies and and efficient in regulating and evaluating subsection may not be construed to prevent other providers of federally assisted housing, such agencies and housing providers. the appointment of the Board under section and to evaluate whether such activities SEC. 1504. CONSULTATION. 1522. should be eliminated, modified, or trans- The entity that, pursuant to section 1505, (c) EFFECTIVE DATE.—This section shall ferred to other entities (including govern- carries out the study under this subtitle take effect on the date of the enactment of ment and private entities) to increase accu- shall, in carrying out the study, consult with this Act. racy and effectiveness and improve monitor- individuals and organization experienced in SEC. 1522. MEMBERSHIP. ing. managing public housing, private real estate (a) IN GENERAL.—The Board shall be com- SEC. 1503. EVALUATION OF VARIOUS PERFORM- managers, representatives from State and posed of 12 members appointed by the Presi- ANCE EVALUATION SYSTEMS. local governments, residents of public hous- dent not later than 180 days after the date of To carry out the purpose under section ing, families and individuals receiving the final report regarding the study required 1502(1), the study under this subtitle shall choice- or tenant-based assistance, the Sec- identify, and analyze and assess the costs under subtitle A is submitted to the Con- retary of Housing and Urban Development, gress pursuant to section 1506(b), as follows: and benefits of, the following methods of reg- the Inspector General of the Department of ulating and evaluating the performance of (1) 4 members shall be appointed from Housing and Urban Development, and the among 10 individuals recommended by the public housing agencies and other providers Comptroller General of the United States. of federally assisted housing: Secretary of Housing and Urban Develop- SEC. 1505. CONTRACT TO CONDUCT STUDY. (1) CURRENT SYSTEM.—The system pursuant ment. (a) IN GENERAL.—Subject to subsection (b), to the United States Housing Act of 1937 (as (2) 4 members shall be appointed from the Secretary shall enter into a contract among 10 individuals recommended by the in effect upon the enactment of this Act), in- with a public or nonprofit private entity to cluding the methods and requirements under Chairman and Ranking Minority Member of conduct the study under this subtitle, using such system for reporting, auditing, review- the Committee on Banking, Housing, and amounts made available pursuant to section ing, sanctioning, and monitoring of such Urban Affairs of the Senate. 1507. agencies and housing providers and the pub- (3) 4 members appointed from among 10 in- (b) NATIONAL ACADEMY OF PUBLIC ADMINIS- lic housing management assessment pro- dividuals recommended by the Chairman and TRATION.—The Secretary shall request the Ranking Minority Member of the Committee gram pursuant to subtitle C of this title (and National Academy of Public Administration section 6(j) of the United States Housing Act on Banking and Financial Services of the to enter into the contract under subsection House of Representatives. of 1937 (as in effect upon the enactment of (a) to conduct the study under this subtitle. this Act)). (b) QUALIFICATIONS.— If such Academy declines to conduct the (2) ACCREDITATION MODELS.—Various mod- (1) REQUIRED REPRESENTATION.—The Board study, the Secretary shall carry out such els that are based upon accreditation of such shall at all times have the following mem- subsection through other public or nonprofit agencies and housing providers, subject to bers: private entities. the following requirements: (A) 2 members who are residents of public (A) The study shall identify and analyze SEC. 1506. REPORT. housing or dwelling units assisted under title various models used in other industries and (a) INTERIM REPORT.—The Secretary shall XIII of this Act or the provisions of section professions for accreditation and determine ensure that not later than the expiration of 8 of the United States Housing Act of 1937 (as the extent of their applicability to the pro- the 6-month period beginning on the date of in effect before the effective date of the re- grams for public housing and federally as- the enactment of this Act, the entity con- peal under section 1601(b) of this Act). sisted housing. ducting the study under this subtitle sub- (B) At least 2, but not more than 4 mem- (B) If any accreditation models are deter- mits to the Congress an interim report de- bers who are executive directors of public mined to be applicable to the public and fed- scribing the actions taken to carry out the housing agencies. erally assisted housing programs, the study study, the actions to be taken to complete (C) 1 member who is a member of the Insti- shall identify appropriate goals, objectives, the study, and any findings and rec- tute of Real Estate Managers. and procedures for an accreditation program ommendations available at the time. (D) 1 member who is the owner of a multi- for such agencies housing providers. (b) FINAL REPORT.—The Secretary shall en- family housing project assisted under a pro- (C) The study shall evaluate the effective- sure that— gram administered by the Secretary of Hous- ness of establishing an independent accredi- (1) not later than the expiration of the 12- ing and Urban Development. month period beginning on the date of the tation and evaluation entity to assist, sup- (2) REQUIRED EXPERIENCE.—The Board shall plement, or replace the role of the Depart- enactment of this Act, the study required at all times have as members individuals ment of Housing and Urban Development in under this subtitle is completed and a report with the following experience: assessing and monitoring the performance of describing the findings and recommenda- (A) At least 1 individual who has extensive such agencies and housing providers. tions as a result of the study is submitted to experience in the residential real estate fi- (D) The study shall identify the necessary the Congress; and nance business. and appropriate roles and responsibilities of (2) before submitting the report under this (B) At least 1 individual who has extensive various entities that would be involved in an subsection to the Congress, the report is sub- experience in operating a nonprofit organiza- accreditation program, including the Depart- mitted to the Secretary and national organi- tion that provides affordable housing. ment of Housing and Urban Development, zations for public housing agencies at such (C) At least 1 individual who has extensive the Inspector General of the Department, an time to provide the Secretary and such agen- experience in construction of multifamily accreditation entity, independent auditors cies an opportunity to review the report and housing. and examiners, local entities, and public provide written comments on the report, (D) At least 1 individual who has extensive housing agencies. which shall be included together with the re- experience in the management of a commu- (E) The study shall determine the costs in- port upon submission to the Congress under nity development corporation. volved in developing and maintaining such paragraph (1). (E) At least 1 individual who has extensive an independent accreditation program. SEC. 1507. FUNDING. experience in auditing participants in gov- (F) The study shall analyze the need for Of any amounts made available under title ernment programs. technical assistance to assist public housing V of the Housing and Urban Development A single member of the board with the ap- agencies in improving performance and iden- Act of 1970 for policy development and re- propriate experience may satisfy the require- tify the most effective methods to provide search for fiscal year 1998, $500,000 shall be ments of more than 1 subparagraph of this such assistance. available to carry out this subtitle. paragraph. A single member of the board (3) PERFORMANCE BASED MODELS.—Various SEC. 1508. EFFECTIVE DATE. with the appropriate qualifications and expe- performance-based models, including sys- This subtitle shall take effect on the date rience may satisfy the requirements of a sub- tems that establish performance goals or of the enactment of this Act. paragraph of paragraph (1) and a subpara- targets, assess the compliance with such Subtitle B—Housing Evaluation and graph of this paragraph. goals or targets, and provide for incentives Accreditation Board (c) POLITICAL AFFILIATION.—Not more than or sanctions based on performance relative SEC. 1521. ESTABLISHMENT. 6 members of the Board may be of the same to such goals or targets. (a) IN GENERAL.—There is established an political party. (4) LOCAL REVIEW AND MONITORING MOD- independent agency in the executive branch (d) TERMS.— ELS.—Various models providing for local, of the Government to be known as the Hous- (1) IN GENERAL.—Each member of the Board resident, and community review and mon- ing Foundation and Accreditation Board (in shall be appointed for a term of 4 years, ex- itoring of such agencies and housing provid- this title referred to as the ‘‘Board’’). cept as provided in paragraphs (2) and (3). H5624 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(2) TERMS OF INITIAL APPOINTEES.—As des- hearings and sit and act at such times and Amounts in such fund shall be available, to ignated by the President at the time of ap- places as the Board determines appropriate. the extent provided in appropriation Acts, pointment, of the members first appointed— (b) RULES AND REGULATIONS.—The Board for the expenses of the Board in carrying out (A) 3 shall be appointed for terms of 1 year; may adopt such rules and regulations as may its functions under this subtitle. (B) 3 shall be appointed for terms of 2 be necessary to establish its procedures and SEC. 1526. GAO AUDIT. years; to govern the manner of its operations, orga- The activities and transactions of the (C) 3 shall be appointed for terms of 3 nization, and personnel. Board shall be subject to audit by the Comp- years; and (c) ASSISTANCE FROM FEDERAL AGENCIES.— troller General of the United States under (D) 3 shall be appointed for terms of 4 (1) INFORMATION.—The Board may secure such rules and regulations as may be pre- years. directly from any department or agency of scribed by the Comptroller General. The rep- (3) VACANCIES.—Any member appointed to the Federal Government such information as resentatives of the General Accounting Of- fill a vacancy occurring before the expira- the Board may require for carrying out its fice shall have access for the purpose of audit tion of the term for which the member’s functions, including public housing agency and examination to any books, documents, predecessor was appointed shall be appointed plans submitted to the Secretary by public papers, and records of the Board that are only for the remainder of that term. A mem- housing agencies under title XI. Upon re- necessary to facilitate an audit. ber may serve after the expiration of that quest of the Board, any such department or Subtitle C—Interim Applicability of Public member’s term until a successor has taken agency shall furnish such information. Housing Management Assessment Program ENERAL SERVICES ADMINISTRATION office. A vacancy in the Board shall be filled (2) G .— SEC. 1531. INTERIM APPLICABILITY. in the manner in which the original appoint- The Administrator of General Services shall This subtitle shall be effective only during ment was made. provide to the Board, on a reimbursable the period that begins on the effective date (e) CHAIRPERSON.—The Board shall elect a basis, such administrative support services of this division and ends upon the date of the chairperson from among members of the as the Board may request. effectiveness of the standards and procedures Board. (3) DEPARTMENT OF HOUSING AND URBAN DE- required under section 1523. (f) QUORUM.—A majority of the members of VELOPMENT.—Upon the request of the chair- the Board shall constitute a quorum for the SEC. 1532. MANAGEMENT ASSESSMENT INDICA- person of the Board, the Secretary of Hous- TORS. transaction of business. ing and Urban Development shall, to the ex- (a) ESTABLISHMENT.—The Secretary shall OTING.—Each member of the Board (g) V tent possible and subject to the discretion of develop and publish in the Federal Register shall be entitled to 1 vote, which shall be the Secretary, detail any of the personnel of indicators to assess the management per- equal to the vote of every other member of the Department of Housing and Urban Devel- formance of public housing agencies and the Board. opment, on a nonreimbursable basis, to as- other entities managing public housing (in- (h) PROHIBITION ON ADDITIONAL PAY.—Mem- sist the Board in carrying out its functions cluding resident management corporations, bers of the Board shall serve without com- under this subtitle. independent managers pursuant to section pensation, but shall be reimbursed for travel, (4) HUD INSPECTOR GENERAL.—The Inspec- 1236, and management entities pursuant to subsistence, and other necessary expenses in- tor General of the Department of Housing subtitle D). The indicators shall be estab- curred in the performance of their duties as and Urban Development shall serve the lished by rule under section 553 of title 5, members of the Board. Board as a principal adviser with respect to United States Code. Such indicators shall en- SEC. 1523. FUNCTIONS. all aspects of audits of public housing agen- able the Secretary to evaluate the perform- The purpose of this subtitle is to establish cies. The Inspector General may advise the ance of public housing agencies and such the Board as a nonpolitical entity to carry Board with respect to other activities and other managers of public housing in all out, not later than the expiration of the 12- functions of the Board. major areas of management operations. month period beginning upon the appoint- (d) MAILS.—The Board may use the United (b) CONTENT.—The management assess- ment under section 1522 of all of the initial States mails in the same manner and under ment indicators shall include the following members of the Board (or such other date as the same conditions as other Federal agen- indicators: may be provided by law), the following func- cies. (1) The number and percentage of vacan- tions: (e) CONTRACTING.—The Board may, to such cies within an agency’s or manager’s inven- (1) ESTABLISHMENT OF PERFORMANCE BENCH- extent and in such amounts as are provided tory, including the progress that an agency MARKS.—The Board shall establish standards in appropriation Acts, enter into contracts or manager has made within the previous 3 and guidelines for use by the Board in meas- with private firms, institutions, and individ- years to reduce such vacancies. uring the performance and efficiency of pub- uals for the purpose of conducting evalua- (2) The amount and percentage of funds ob- lic housing agencies and other owners and tions of public housing agencies, audits of ligated to the public housing agency or man- providers of federally assisted housing in public housing agencies, and research and ager from the capital fund or under section carrying out operational and financial func- surveys necessary to enable the Board to dis- 14 of the United States Housing Act of 1937 tions. The standards and guidelines shall be charge its functions under this subtitle. (as in effect before the effective date of the designed to replace the public housing man- (f) STAFF.— repeal under section 1601(b) of this Act), agement assessment program under section (1) EXECUTIVE DIRECTOR.—The Board shall which remain unexpended after 3 years. 6(j) of the United States Housing Act of 1937 appoint an executive director of the Board, (3) The percentage of rents uncollected. (as in effect before the enactment of this who shall be compensated at a rate fixed by (4) The energy consumption (with appro- Act) and improve the evaluation of the per- the Board, but which shall not exceed the priate adjustments to reflect different re- formance of housing providers relative to rate established for level V of the Executive gions and unit sizes). such program. In establishing such standards Schedule under title 5, United States Code. (5) The average period of time that an and guidelines, the Board shall consult with (2) OTHER PERSONNEL.—In addition to the agency or manager requires to repair and the Secretary, the Inspector General of the executive director, the Board may appoint turn-around vacant dwelling units. Department of Housing and Urban Develop- and fix the compensation of such personnel (6) The proportion of maintenance work or- ment, and such other persons and entities as as the Board considers necessary, in accord- ders outstanding, including any progress the Board considers appropriate. ance with the provisions of title 5, United that an agency or manager has made during (2) ESTABLISHMENT OF ACCREDITATION PRO- States Code, governing appointments to the the preceding 3 years to reduce the period of CEDURE AND ACCREDITATION.—The Board competitive service, and the provisions of time required to complete maintenance work shall— chapter 51 and subchapter III of chapter 53 of orders. (A) establish a procedure for the Board to such title, relating to classification and Gen- (7) The percentage of dwelling units that accredit public housing agencies to receive eral Schedule pay rates. an agency or manager fails to inspect to as- block grants under title XII for the oper- (g) ACCESS TO DOCUMENTS.—The Board certain maintenance or modernization needs ation, maintenance, and production of public shall have access for the purposes of carrying within such period of time as the Secretary housing and amounts for housing assistance out its functions under this subtitle to any deems appropriate (with appropriate adjust- under title XIII, based on the performance of books, documents, papers, and records of a ments, if any, for large and small agencies or agencies, as measured by the performance public housing agency to which the Sec- managers). benchmarks established under paragraph (1) retary has access under this division. (8) The extent to which the rent policies of and any audits and reviews of agencies; and SEC. 1525. FEES. any public housing agency establishing rent- (B) commence the review and accreditation (a) ACCREDITATION FEES.—The Board may al amounts in accordance with section of public housing agencies under the proce- establish and charge reasonable fees for the 1225(b) comply with the requirement under dures established under subparagraph (A). accreditation of public housing agencies as section 1225(c). In carrying out the functions under this sec- the Board considers necessary to cover the (9) Whether the agency is providing accept- tion, the Board shall take into consideration costs of the operations of the Board relating able basic housing conditions, as determined the findings and recommendations contained to its functions under section 1523. by the Secretary. in the report issued under section 1506(b). (b) FUND.—Any fees collected under this (10) Whether the agency has conducted and SEC. 1524. POWERS. section shall be deposited in an operations regularly updated an assessment to identify (a) HEARINGS.—The Board may, for the pur- fund for the Board, which is hereby estab- any pest control problems in the public hous- pose of carrying out this subtitle, hold such lished in the Treasury of the United States. ing owned or operated by the agency and the July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5625 extent to which the agency is effective in of the management of the agency or man- assistance under this division shall have an carrying out a strategy to eradicate or con- ager. audit made in accordance with chapter 75 of trol such problems, which assessment and (b) CONTENT.—To the extent the Secretary title 31, United States Code. The Secretary, strategy shall be included in the local hous- deems appropriate (taking into consider- the Inspector General of the Department of ing management plan for the agency under ation an agency’s or manager’s performance Housing and Urban Development, and the section 1106. under the indicators specified under section Comptroller General of the United States (11) Any other factors as the Secretary 1532, the assessment team shall also consider shall have access to all books, documents, deems appropriate. issues relating to the agency’s or manager’s papers, or other records that are pertinent to (c) CONSIDERATIONS IN EVALUATION.—The resident population and physical inventory, the activities carried out under this division Secretary shall— including the extent to which— in order to make audit examinations, ex- (1) administer the system of evaluating (1) the public housing agency plan for the cerpts, and transcripts. public housing agencies and managers flexi- agency or manager adequately and appro- (2) WITHHOLDING OF AMOUNTS.—The Sec- bly to ensure that agencies and managers are priately addresses the rehabilitation needs of retary may, in the sole discretion of the Sec- not penalized as result of circumstances be- the public housing inventory; retary, arrange for, and pay the costs of, an yond their control; (2) residents of the agency or manager are audit required under paragraph (1). In such (2) reflect in the weights assigned to the involved in and informed of significant man- circumstances, the Secretary may withhold, various management assessment indicators agement decisions; and from assistance otherwise payable to the the differences in the difficulty of managing (3) any developments in the agency’s or agency under this division, amounts suffi- individual developments that result from manager’s inventory are severely distressed cient to pay for the reasonable costs of con- their physical condition and their neighbor- (as such term is defined under section 1262. ducting an acceptable audit, including, when hood environment; and (c) INDEPENDENT ASSESSMENT TEAM.—An appropriate, the reasonable costs of account- (3) determine a public housing agency’s or independent assessment under this section ing services necessary to place the agency’s manager’s status as ‘‘troubled with respect shall be carried out by a team of knowledge- books and records in auditable condition. to modernization’’ under section 1533(b) able individuals selected by the Secretary SEC. 1542. PERFORMANCE AGREEMENTS FOR AU- based upon factors solely related to its abil- (referred to in this title as the ‘‘assessment THORITIES AT RISK OF BECOMING ity to carry out modernization activities. team’’) with expertise in public housing and TROUBLED. SEC. 1533. DESIGNATION OF PHA’S. real estate management. In conducting an (a) IN GENERAL.—Upon designation of a public housing agency as at risk of becoming (a) TROUBLED PHA’S.—The Secretary shall, assessment, the assessment team shall con- under the rulemaking procedures under sec- sult with the residents and with public and troubled under section 1533(c), the Secretary tion 553 of title 5, United States Code, estab- private entities in the jurisdiction in which shall seek to enter into an agreement with the agency providing for improvement of the lish procedures for designating troubled pub- the public housing is located. The assess- elements of the agency that have been iden- lic housing agencies and managers, which ment team shall provide to the Secretary tified. An agreement under this section shall procedures shall include identification of se- and the public housing agency or manager a contain such terms and conditions as the rious and substantial failure to perform as written report, which shall contain, at a Secretary determines are appropriate for ad- measured by (1) the performance indicators minimum, recommendations for such man- dressing the elements identified, which may specified under section 1532 and such other agement improvements as are necessary to include an on-site, independent assessment factors as the Secretary may deem to be ap- eliminate or substantially remedy existing of the management of the agency. propriate; or (2) such other evaluation sys- deficiencies. SEC. 1535. ADMINISTRATION. (b) POWERS OF SECRETARY.—If the Sec- tem as is determined by the Secretary to as- retary determines that such action is nec- (a) PHA’S.—The Secretary shall carry out sess the condition of the public housing essary to prevent the public housing agency agency or other entity managing public this subtitle with respect to public housing agencies substantially in the same manner from becoming a troubled agency, the Sec- housing, which system may be in addition to retary may— or in lieu of the performance indicators es- as the public housing management assess- ment system under section 6(j) of the United (1) solicit competitive proposals from other tablished under section 1532. Such procedures public housing agencies and private housing shall provide that an agency that does not States Housing Act of 1937 (as in effect im- mediately before the effective date of the re- management agents (which may be selected provide acceptable basic housing conditions by existing tenants through administrative shall be designated a troubled public housing peal under section 1601(b) of this Act) was re- quired to be carried out with respect to pub- procedures established by the Secretary), for agency. any case in which such agents may be needed (b) AGENCIES TROUBLED WITH RESPECT TO lic housing agencies. The Secretary may comply with the requirements under this for managing all, or part, of the housing or CAPITAL ACTIVITIES.—The Secretary shall functions administered by the agency; or designate, by rule under section 553 of title 5, subtitle by using any regulations issued to carry out such system and issuing any addi- (2) solicit competitive proposals from other United States Code, agencies and managers public housing agencies and private entities that are troubled with respect to capital ac- tional regulations necessary to make such system comply with the requirements under with experience in construction manage- tivities. ment, for any case in which such authorities (c) AGENCIES AT RISK OF BECOMING TROU- this subtitle. (b) OTHER MANAGERS.—The Secretary shall or firms may be needed to oversee implemen- BLED.—The Secretary shall designate, by tation of assistance made available for cap- rule under section 553 of title 5, United establish specific standards and procedures for carrying out this subtitle with respect to ital improvement for public housing of the States Code, agencies and managers that are agency. at risk of becoming troubled. managers of public housing that are not pub- SEC. 1543. PERFORMANCE AGREEMENTS AND (d) EXEMPLARY AGENCIES.—The Secretary lic housing agencies. Such standards and procedures shall take in consideration spe- CDBG SANCTIONS FOR TROUBLED may also, in consultation with national or- PHA’S. cial circumstances relating to entities hired, ganizations representing public housing (a) IN GENERAL.—Upon designation of a directed, or appointed to manage public agencies and managers and public officials public housing agency as a troubled agency housing. (as the Secretary determines appropriate), under section 1533(a) and after reviewing the identify and commend public housing agen- Subtitle D—Accountability and Oversight report submitted pursuant to section 1534(c) cies and managers that meet the perform- Standards and Procedures and consulting with the assessment team for ance standards established under section 1532 SEC. 1541. AUDITS. the agency under section 1534, the Secretary in an exemplary manner. (a) BY SECRETARY AND COMPTROLLER GEN- shall seek to enter into an agreement with (e) APPEAL OF DESIGNATION.—The Sec- ERAL.—Each block grant contract under sec- the agency providing for improving the man- retary shall establish procedures for public tion 1201 and each contract for housing as- agement performance of the agency. housing agencies and managers to appeal sistance amounts under section 1302 shall (b) CONTENTS.—An agreement under this designation as a troubled agency or manager provide that the Secretary, the Inspector section between the Secretary and a public (including designation as a troubled agency General of the Department of Housing and housing agency shall set forth— or manager for purposes of capital activi- Urban Development, and the Comptroller (1) targets for improving performance, as ties), to petition for removal of such designa- General of the United States, or any of their measured by the guidelines and standards es- tion, and to appeal any refusal to remove duly authorized representatives, shall, for tablished under section 1532 and other re- such designation. the purpose of audit and examination, have quirements within a specified period of time, SEC. 1534. ON-SITE INSPECTION OF TROUBLED access to any books, documents, papers, and which shall include targets to be met upon PHA’S. records of the public housing agency (or the expiration of the 12-month period begin- (a) IN GENERAL.—Upon designating a public other entity) entering into such contract ning upon entering into the agreement; housing agency or manager as troubled pur- that are pertinent to this division and to its (2) strategies for meeting such targets; suant to section 1533 and determining that operations with respect to financial assist- (3) sanctions for failure to implement such an assessment under this section will not du- ance under this division. strategies; and plicate any other review previously con- (b) BY PHA.— (4) to the extent the Secretary deems ap- ducted or required to be conducted of the (1) REQUIREMENT.—Each public housing propriate, a plan for enhancing resident in- agency or manager, the Secretary shall pro- agency that owns or operates 250 or more volvement in the management of the public vide for an on-site, independent assessment public housing dwelling units and receives housing agency. H5626 CONGRESSIONAL RECORD — HOUSE July 15, 1998

(c) LOCAL ASSISTANCE IN IMPLEMENTA- (1) a contract for block grants under title ceiver for the purposes and having the pow- TION.—The Secretary and the public housing XII for an agency includes provisions that ers prescribed in this section. agency shall, to the maximum extent prac- expressly state that the provisions are in- (c) EMERGENCY ASSISTANCE.—The Sec- ticable, seek the assistance of local public cluded pursuant to this subsection, and retary may make available to receivers and and private entities in carrying out an agree- (2) the portion of the block grant payable other entities selected or appointed pursuant ment under this section. for debt service requirements pursuant to to this section such assistance as is fair and (d) DEFAULT UNDER PERFORMANCE AGREE- the contract has been pledged by the public reasonable to remedy the substantial dete- MENT.—Upon the expiration of the 12-month housing agency as security for the payment rioration of living conditions in individual period beginning upon entering into an of the principal and interest on any of its ob- public housing developments or other related agreement under this section with a public ligations, then— emergencies that endanger the health, safety housing agency, the Secretary shall review (A) the Secretary shall (notwithstanding and welfare of public housing residents or as- the performance of the agency in relation to any other provisions of this division), con- sisted families under title XIII. (d) POWERS OF SECRETARY.—If the Sec- the performance targets and strategies under tinue to make the block grant payments for retary takes possession of an agency, or any the agreement. If the Secretary determines the agency so long as any of such obligations developments or functions of an agency, pur- that the agency has failed to comply with remain outstanding; and suant to subsection (b)(2), the Secretary— the performance targets established for such (B) the Secretary may covenant in such a (1) may abrogate contracts that substan- period, the Secretary shall take the action contract that in any event such block grant tially impede correction of the substantial authorized under subsection (b)(2) or (b)(5) of amounts shall in each year be at least equal default or improvement of the classification, section 1545. to an amount which, together with such in- (e) CDBG SANCTION AGAINST LOCAL GOV- but only after efforts to renegotiate such come or other funds as are actually available contracts have failed and the Secretary has ERNMENT CONTRIBUTING TO TROUBLED STATUS from the development for the purpose at the OF PHA.—If the Secretary determines that made a written determination regarding time such block grant payments are made, such abrogation, which shall be available to the actions or inaction of any unit of general will suffice for the payment of all install- local government within which any portion the public upon request, identify such con- ments of principal and interest on the obli- tracts, and explain the determination that of the jurisdiction of a public housing agency gations for which the amounts provided for is located has substantially contributed to such contracts may be abrogated; in the contract shall have been pledged as se- (2) may demolish and dispose of assets of the conditions resulting in the agency being curity that fall due within the next succeed- designated under section 1533(a) as a trou- the agency in accordance with section 1261; ing 12 months. (3) where determined appropriate by the bled agency, the Secretary may redirect or In no case shall such block grant amounts be withhold, from such unit of general local Secretary, may require the establishment of in excess of the maximum sum specified in one or more new public housing agencies; government any amounts allocated for such the contract involved, nor for longer than (4) may consolidate the agency into other unit under section 106 of the Housing and the remainder of the maximum period fixed well-managed public housing agencies with Community Development Act of 1974. by the contract. the consent of such well-managed authori- SEC. 1544. OPTION TO DEMAND CONVEYANCE OF SEC. 1545. REMOVAL OF INEFFECTIVE PHA’S. ties; TITLE TO OR POSSESSION OF PUB- LIC HOUSING. (a) CONDITIONS OF REMOVAL.—The actions (5) shall not be subject to any State or (a) AUTHORITY FOR CONVEYANCE.—A con- specified in subsection (b) may be taken only local laws relating to civil service require- tract under section 1201 for block grants upon— ments, employee rights, procurement, or fi- under title XII (including contracts which (1) the occurrence of events or conditions nancial or administrative controls that, in amend or supersede contracts previously that constitute a substantial default by a the determination of the Secretary, substan- made (including contracts for contribu- public housing agency with respect to (A) tially impede correction of the substantial tions)) may provide that upon the occurrence the covenants or conditions to which the default or improvement of the classification, of a substantial default with respect to the public housing agency is subject, or (B) an but only if the Secretary has made a written covenants or conditions to which the public agreement entered into under section 1543; or determination regarding such inapplicabil- housing agency is subject (as such substan- (2) submission to the Secretary of a peti- ity, which shall be available to the public tial default shall be defined in such con- tion by the residents of the public housing upon request, identify such inapplicable laws, and explain the determination that tract), the public housing agency shall be ob- owned or operated by a public housing agen- such laws impede such correction; and ligated, at the option of the Secretary, to— cy that is designated as troubled pursuant to (6) shall have such additional authority as (1) convey title in any case where, in the section 1533(a). a district court of the United States has the determination of the Secretary (which deter- (b) REMOVAL ACTIONS.—Notwithstanding authority to confer under like circumstances mination shall be final and conclusive), such any other provision of law or of any block upon a receiver to achieve the purposes of conveyance of title is necessary to achieve grant contract under title XII or any grant the receivership. the purposes of this division; or agreement under title XIII, in accordance with subsection (a), the Secretary may— The Secretary may appoint, on a competi- (2) deliver to the Secretary possession of tive or noncompetitive basis, an individual the development, as then constituted, to (1) solicit competitive proposals from other public housing agencies and private housing or entity as an administrative receiver to as- which such contract relates. sume the Secretary’s responsibility under (b) OBLIGATION TO RECONVEY.—Any block management agents (which, in the discretion of the Secretary, may be selected by existing this paragraph for the administration of a grant contract under title XII containing the public housing agency. The Secretary may public housing residents through administra- provisions authorized in subsection (a) shall delegate to the administrative receiver any tive procedures established by the Secretary) also provide that the Secretary shall be obli- or all of the powers of the Secretary under and, if appropriate, provide for such agents gated to reconvey or redeliver possession of this subsection. Regardless of any delegation to manage all, or part, of the housing admin- the development, as constituted at the time under this subsection, an administrative re- of reconveyance or redelivery, to such public istered by the public housing agency or all or ceiver may not require the establishment of housing agency or to its successor (if such part of the other functions of the agency; one or more new public housing agencies public housing agency or a successor exists) (2) take possession of the public housing pursuant to paragraph (3) unless the Sec- upon such terms as shall be prescribed in agency, including any developments or func- retary first approves such establishment. such contract, and as soon as practicable tions of the agency under any section of this For purposes of this subsection, the term after— division; ‘‘public housing agency’’ includes any devel- (1) the Secretary is satisfied that all de- (3) solicit competitive proposals from other opments or functions of a public housing faults with respect to the development have public housing agencies and private entities agency under any section of this title. been cured, and that the development will, in with experience in construction management (e) RECEIVERSHIP.— order to fulfill the purposes of this division, and, if appropriate, provide for such authori- (1) REQUIRED APPOINTMENT.—In any pro- thereafter be operated in accordance with ties or firms to oversee implementation of ceeding under subsection (b)(5), upon a deter- the terms of such contract; or assistance made available for capital im- mination that a substantial default has oc- (2) the termination of the obligation to provements for public housing; curred, and without regard to the availabil- make annual block grants to the agency, un- (4) require the agency to make other ar- ity of alternative remedies, the court shall less there are any obligations or covenants rangements acceptable to the Secretary and appoint a receiver to conduct the affairs of of the agency to the Secretary which are in the best interests of the public housing the public housing agency in a manner con- then in default. residents and assisted families under title sistent with this division and in accordance Any prior conveyances and reconveyances or XIII for managing all, or part of, the public with such further terms and conditions as deliveries and redeliveries of possession shall housing administered by the agency or the the court may provide. The receiver ap- not exhaust the right to require a convey- functions of the agency; or pointed may be another public housing agen- ance or delivery of possession of the develop- (5) petition for the appointment of a re- cy, a private management corporation, the ment to the Secretary pursuant to sub- ceiver for the public housing agency to any Secretary, or any other appropriate entity. section (a) upon the subsequent occurrence district court of the United States or to any The court shall have power to grant appro- of a substantial default. court of the State in which any portion of priate temporary or preliminary relief pend- (c) CONTINUED GRANTS FOR REPAYMENT OF the jurisdiction of the public housing agency ing final disposition of the petition by the BONDS AND NOTES UNDER 1937 ACT.—If— is located, that is authorized to appoint a re- Secretary. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5627

(2) POWERS OF RECEIVER.—If a receiver is the United States Housing Act of 1937 (as in of this Act, and shall be composed of the fol- appointed for a public housing agency pursu- effect immediately before the effective date lowing members: ant to subsection (b)(5), in addition to the of the repeal under section 1601(b) of this (A) The Inspector General of the Depart- powers accorded by the court appointing the Act) as a troubled public housing agency and ment of Housing and Urban Development (or receiver, the receiver— has been so designated continuously for the the Inspector General’s designee). (A) may abrogate contracts that substan- 3-year period ending upon the effective date (B) Not more than 7 other members, who tially impede correction of the substantial of this division; except that such term does shall be selected for appointment based on default or improvement of the classification, not include any agency that owns or oper- their experience in successfully reforming but only after bona fide efforts to renego- ates less than 1250 public housing dwelling troubled public housing agencies or in pro- tiate such contracts have failed and the re- units and that the Secretary determines can, viding affordable housing in coordination ceiver has made a written determination re- with a reasonable amount of effort, make with State and local governments, the pri- garding such abrogation, which shall be such improvements or remedies as may be vate sector, affordable housing residents, or available to the public upon request, identify necessary to remove its designation as trou- local nonprofit organizations. such contracts, and explain the determina- bled within 12 months. (2) PROHIBITION ON ADDITIONAL PAY.—Mem- tion that such contracts may be abrogated; SEC. 1547. TREATMENT OF TROUBLED PHA’S. bers of the advisory council shall serve with- (B) may demolish and dispose of assets of (a) EFFECT OF TROUBLED STATUS ON out compensation, but shall be reimbursed the agency in accordance with section 1261; CHAS.—The comprehensive housing afford- for travel, subsistence, and other necessary (C) where determined appropriate by the ability strategy (or any consolidated plan in- expenses incurred in the performance of Secretary, may require the establishment of corporating such strategy) for the State or their duties as members of the Board using one or more new public housing agencies, to unit of general local government in which amounts from the Headquarters Reserve the extent permitted by State and local law; any troubled public housing agency is lo- fund pursuant to section 1111(b)(4). and cated shall not be considered to comply with (c) FUNCTIONS.—The advisory council (D) except as provided in subparagraph (C), the requirements under section 105 of the shall— shall not be subject to any State or local Cranston-Gonzalez National Affordable (1) establish standards and guidelines for laws relating to civil service requirements, Housing Act unless such plan includes a de- assessing the performance of the Housing employee rights, procurement, or financial scription of the manner in which the State Authority in carrying out operational, asset or administrative controls that, in the deter- or unit will assist such troubled agency in management, and financial functions for mination of the receiver, substantially im- improving its operations to remove such des- purposes of the reports and finding under pede correction of the substantial default or ignation. subsections (d) and (e), respectively; improvement of the classification, but only (b) DEFINITION.—For purposes of this sec- (2) provide advice, expertise, and rec- if the receiver has made a written deter- tion, the term ‘‘troubled public housing ommendations to the Housing Authority re- mination regarding such inapplicability, agency’’ means a public housing agency garding the management, operation, repair, which shall be available to the public upon that— redevelopment, revitalization, demolition, request, identify such inapplicable laws, and (1) upon the effective date of this division, and disposition of public housing develop- explain the determination that such laws im- is designated under section 6(j)(2) of the ments of the Housing Authority; pede such correction. United States Housing Act of 1937 (as in ef- (3) report to the Congress under subsection For purposes of this paragraph, the term fect immediately before the effective date of (d) regarding any progress of the Housing ‘‘public housing agency’’ includes any devel- the repeal under section 1601(b) of this Act) Authority in improving the performance of opments or functions of a public housing as a troubled public housing agency; and its functions; and agency under any section of this title. (2) is not a chronically troubled public (4) make a final finding to the Congress ERMINATION.—The appointment of a re- (3) T housing agency, as such term is defined in under subsection (e) regarding the future of ceiver pursuant to this subsection may be section 1546(b) of this Act. the Housing Authority. terminated, upon the petition of any party, SEC. 1548. MAINTENANCE OF RECORDS. when the court determines that all defaults Each public housing agency shall keep (d) QUARTERLY REPORTS.—The advisory have been cured or the public housing agency such records as may be reasonably necessary council shall report to the Congress and the will be able to make the same amount of to disclose the amount and the disposition Secretary not less than every 3 months re- progress in correcting the management of by the agency of the proceeds of assistance garding the performance of the Housing Au- the housing as the receiver. received pursuant to this division and to en- thority and any progress of the authority in (f) LIABILITY.—If the Secretary takes pos- sure compliance with the requirements of improving its performance and carrying out session of an agency pursuant to subsection this division. its functions. (b)(2) or a receiver is appointed pursuant to SEC. 1549. ANNUAL REPORTS REGARDING TROU- (e) FINAL FINDING.—Upon the expiration of subsection (b)(5) for a public housing agency, BLED PHA’S. the Secretary or the receiver shall be the 18-month period that begins upon the ap- The Secretary shall submit a report to the deemed to be acting in the capacity of the pointment under subsection (b)(1) of all Congress annually, as a part of the report of public housing agency (and not in the official members of the advisory council, the council the Secretary under section 8 of the Depart- capacity as Secretary or other official) and shall make and submit to the Congress and ment of Housing and Urban Development any liability incurred shall be a liability of the Secretary a finding of whether the Hous- Act, that— the public housing agency. ing Authority has substantially improved its (1) identifies the public housing agencies (g) EFFECTIVENESS.—The provisions of this performance, the performance of its func- that are designated under section 1533 as section shall apply with respect to actions tions, and the overall condition of the Au- troubled or at-risk of becoming troubled and taken before, on, or after the effective date thority such that the Authority should be al- of this division and shall apply to any receiv- the reasons for such designation; and (2) describes any actions that have been lowed to continue to operate as the manager ers appointed for a public housing agency be- of the public housing of the Authority. In fore the effective date of this division. taken in accordance with sections 1542, 1543, 1544, and 1545. making the finding under this subsection, SEC. 1546. MANDATORY TAKEOVER OF CHRON- the advisory council shall consider whether ICALLY TROUBLED PHA’S. SEC. 1550. APPLICABILITY TO RESIDENT MAN- the Housing Authority has made sufficient (a) REMOVAL OF AGENCY.—Notwithstanding AGEMENT CORPORATIONS. progress in the demolition and revitalization any other provision of this division, not later The Secretary shall apply the provisions of than the expiration of the 180-day period be- this subtitle to resident management cor- of the Desire Homes development, the revi- ginning on the effective date of this division, porations in the same manner as applied to talization of the St. Thomas Homes develop- the Secretary shall take one of the following public housing agencies. ment, the appropriate allocation of operat- actions with respect to each chronically SEC. 1551. ADVISORY COUNCIL FOR HOUSING AU- ing subsidy amounts, and the appropriate ex- troubled public housing agency: THORITY OF NEW ORLEANS. pending of modernization amounts. (1) CONTRACTING FOR MANAGEMENT.—Solicit (a) ESTABLISHMENT.—The Secretary and (f) RECEIVERSHIP.—If the advisory council competitive proposals for the management the Housing Authority of New Orleans (in finds under subsection (e) that the Housing of the agency pursuant to section 1545(b)(1) this section referred to as the ‘‘Housing Au- Authority has not substantially improved its and replace the management of the agency thority’’) shall, pursuant to the cooperative performance such that the Authority should pursuant to selection of such a proposal. endeavor agreement in effect between the be allowed to continue to operate as the (2) TAKEOVER.—Take possession of the Secretary and the Housing Authority, estab- manager of the public housing of the Author- agency pursuant to section 1545(b)(2). lish an advisory council for the Housing Au- ity, the Secretary shall (notwithstanding (3) PETITION FOR RECEIVER.—Petition for thority of New Orleans (in this section re- section 1545(a)) petition under section 1545(b) ferred to as the ‘‘advisory council’’) that the appointment of a receiver for the agency for the appointment of a receiver for the complies with the requirements of this sec- pursuant to section 1545(b)(5). Housing Authority, which receivership shall (b) DEFINITION.—For purposes of this sec- tion. be subject to the provisions of section 1545. tion, the term ‘‘chronically troubled public (b) MEMBERSHIP.— housing agency’’ means a public housing (1) IN GENERAL.—The advisory council shall (g) EXEMPTION.—The provisions of section agency that, as of the effective date of this be appointed by the Secretary, not later 1546 shall not apply to the Housing Author- division, is designated under section 6(j)(2) of than 90 days after the date of the enactment ity. H5628 CONGRESSIONAL RECORD — HOUSE July 15, 1998 TITLE XVI—REPEALS AND RELATED tributions contract or other agreement en- (D) The project-based certificate program AMENDMENTS tered into by the Secretary and a public under section 8(d)(2) of such Act. Subtitle A—Repeals, Effective Date, and housing agency pursuant to the provisions of (E) The moderate rehabilitation program Savings Provisions the United States Housing Act of 1937 (as in under section 8(e)(2) of the United States effect before the effective date of the repeal Housing Act of 1937 (as in effect before Octo- SEC. 1601. EFFECTIVE DATE AND REPEAL OF ber 1, 1991). UNITED STATES HOUSING ACT OF under section 1601(b) of this Act), the Sec- 1937. retary and the agency may by mutual con- (F) The low-income housing preservation program under Low-Income Housing Preser- (a) EFFECTIVE DATE.— sent amend, supersede, or modify any such vation and Resident Homeownership Act of (1) IN GENERAL.—This division and the agreement as appropriate to provide for as- amendments made by this division shall sistance under this division, except that the 1990 or the provisions of the Emergency Low take effect on October 1, 1999, except as oth- Secretary and the agency may not consent Income Housing Preservation Act of 1987 (as erwise provided in this section. to any such amendment, supersession, or in effect before November 28, 1990). (G) Section 8 of the United States Housing (2) SPECIFIC EFFECTIVE DATES.—Any provi- modification that substantially alters any Act of 1937 (as in effect before the effective sion of this division that specifically pro- outstanding obligations requiring continued date of the repeal under section 1601(b) of vides for the effective date of such provision maintenance of the low-income character of this Act), following conversion from assist- shall take effect in accordance with the any public housing development and any ance under section 101 of the Housing and terms of the provision. such amendment, supersession, or modifica- Urban Development Act of 1965 or section (b) REPEAL OF UNITED STATES HOUSING ACT tion shall not be given effect. 236(f)(2) of the National Housing Act. OF 1937.—Effective upon the effective date (f) SECTION 8 PROJECT-BASED ASSISTANCE.— (g) EFFECTIVE DATE.—This section shall under subsection (a)(1), the United States (1) IN GENERAL.—The provisions of the take effect on the date of the enactment of Housing Act of 1937 (42 U.S.C. 1437 et seq.) is United States Housing Act of 1937 (42 U.S.C. this Act. repealed, subject to the conditions under 1437 et seq.) shall remain in effect after the SEC. 1602. OTHER REPEALS. subsection (c). effectiveness of the repeal under subsection (a) IN GENERAL.—The following provisions (c) SAVINGS PROVISIONS.— (b) with respect to all section 8 project-based of law are hereby repealed: BLIGATIONS UNDER 1937 ACT assistance, pursuant to existing and future (1) O .—Any obli- (1) ASSISTED HOUSING ALLOCATION.—Section gation of the Secretary made under author- contracts, except as otherwise provided by 213 of the Housing and Community Develop- ity of the United States Housing Act of 1937 this section. ment Act of 1974 (42 U.S.C. 1439). shall continue to be governed by the provi- (2) TENANT SELECTION PREFERENCES.—An (2) PUBLIC HOUSING RENT WAIVERS FOR PO- sions of such Act, except that— owner of housing assisted with section 8 LICE.—Section 519 of the Cranston-Gonzalez (A) notwithstanding the repeal of such Act, project-based assistance shall give pref- National Affordable Housing Act (42 U.S.C. the Secretary may make a new obligation erence, in the selection of tenants for units 1437a–1). under such Act upon finding that such obli- of such projects that become available, ac- (3) TREATMENT OF CERTIFICATE AND VOUCH- gation is required— cording to any system of local preferences ER HOLDERS.—Subsection (c) of section 183 of (i) to protect the financial interests of the established pursuant to section 1223 by the the Housing and Community Development United States or the Department of Housing public housing agency having jurisdiction for Act of 1987 (42 U.S.C. 1437f note). and Urban Development; or the area in which such projects are located. (4) EXCESSIVE RENT BURDEN DATA.—Sub- (ii) for the amendment, extension, or re- (3) 1-YEAR NOTIFICATION.—Paragraphs (9) section (b) of section 550 of the Cranston- newal of existing obligations; and and (10) of section 8(c) of the United States Gonzalez National Affordable Housing Act (B) notwithstanding the repeal of such Act, Housing Act of 1937 (42 U.S.C. 1437f(c)) shall (42 U.S.C. 1437f note). the Secretary may, in accordance with sub- not be applicable to section 8 project-based (5) MOVING TO OPPORTUNITY FOR FAIR HOUS- section (d), issue regulations and other guid- assistance. ING.—Section 152 of the Housing and Commu- ance and directives as if such Act were in ef- (4) LEASE TERMS.—Leases for dwelling nity Development Act of 1992 (42 U.S.C. 1437f fect if the Secretary finds that such action is units assisted with section 8 project-based note). necessary to facilitate the administration of assistance shall comply with the provisions (6) REPORT REGARDING FAIR HOUSING OBJEC- obligations under such Act. of paragraphs (1) and (3) of section 1324 of TIVES.—Section 153 of the Housing and Com- (2) TRANSITION OF FUNDING.—Amounts ap- this Act and shall not be subject to the pro- munity Development Act of 1992 (42 U.S.C. propriated under the United States Housing visions of 8(d)(1)(B) of the United States 1437f note). Act of 1937 shall, upon repeal of such Act, re- Housing Act of 1937. (7) SPECIAL PROJECTS FOR ELDERLY OR main available for obligation under such Act (5) TERMINATION OF TENANCY.—Any termi- HANDICAPPED FAMILIES.—Section 209 of the in accordance with the terms under which nation of tenancy of a resident of a dwelling Housing and Community Development Act of amounts were made available. unit assisted with section 8 project-based as- 1974 (42 U.S.C. 1438). (3) CROSS REFERENCES.—The provisions of sistance shall comply with the provisions of (8) ACCESS TO PHA BOOKS.—Section 816 of the United States Housing Act of 1937 shall section 1324(2) and section 1325 of this Act the Housing Act of 1954 (42 U.S.C. 1435). remain in effect for purposes of the validity and shall not be subject to the provisions of (9) MISCELLANEOUS PROVISIONS.—Sub- of any reference to a provision of such Act in section 8(d)(1)(B) of the United States Hous- sections (b)(1) and (d) of section 326 of the any statute (other than such Act) until such ing Act of 1937. Housing and Community Development reference is modified by law or repealed. (6) TREATMENT OF COMMON AREAS.—The Amendments of 1981 (Public Law 97–35, 95 (d) PUBLICATION AND EFFECTIVE DATE OF Secretary may not provide any assistance Stat. 406; 42 U.S.C. 1437f note). SAVINGS PROVISIONS.— amounts pursuant to an existing contract for (10) PAYMENT FOR DEVELOPMENT MAN- (1) SUBMISSION TO CONGRESS.—The Sec- section 8 project-based assistance for a hous- AGERS.—Section 329A of the Housing and retary shall submit to the Committee on ing project and may not enter into a new or Community Development Amendments of Banking and Financial Services of the House renewal contract for such assistance for a 1981 (42 U.S.C. 1437j–1). of Representatives and the Committee on project unless the owner of the project pro- (11) PROCUREMENT OF INSURANCE BY PHA’S.— Banking, Housing, and Urban Affairs of the vides consent, to such local law enforcement In the item relating to ‘‘ADMINISTRATIVE PRO- Senate a copy of any proposed regulation, agencies as the Secretary determines appro- VISIONS’’ under the heading ‘‘MANAGEMENT guidance, or directive under subsection priate, for law enforcement officers of such AND ADMINISTRATION’’ in title II of the De- (c)(1)(B). agencies to enter common areas of the partments of Veterans Affairs and Housing (2) OPPORTUNITY TO REVIEW.—Such a regu- project at any time and without advance no- and Urban Development, and Independent lation, guidance, or directive may not be tice upon a determination of probable cause Agencies Appropriations Act, 1991, the penul- published for comment or for final effective- by such officers that criminal activity is timate undesignated paragraph of such item ness before or during the 15-calendar day pe- taking place in such areas. (Public Law 101–507; 104 Stat. 1369). riod beginning on the day after the date on (7) DEFINITION.—For purposes of this sub- (12) PUBLIC HOUSING CHILDHOOD DEVELOP- which such regulation, guidance, or directive section, the term ‘‘section 8 project-based as- MENT.—Section 222 of the Housing and was submitted to the Congress. sistance’’ means assistance under any of the Urban-Rural Recovery Act of 1983 (12 U.S.C. (3) EFFECTIVE DATE.—No regulation, guide- following programs: 1701z–6 note). line, or directive may become effective until (A) The new construction or substantial re- (13) INDIAN HOUSING CHILDHOOD DEVELOP- after the expiration of the 30-calendar day habilitation program under section 8(b)(2) of MENT.—Section 518 of the Cranston-Gonzalez period beginning on the day after the day on the United States Housing Act of 1937 (as in National Affordable Housing Act (12 U.S.C. which such rule or regulation is published as effect before October 1, 1983). 1701z–6 note). final. (B) The property disposition program (14) PUBLIC HOUSING COMPREHENSIVE TRAN- (4) WAIVER.—The provisions of paragraphs under section 8(b) of the United States Hous- SITION DEMONSTRATION.—Section 126 of the (2) and (3) may be waived upon the written ing Act of 1937 (as in effect before the effec- Housing and Community Development Act of request of the Secretary, if agreed to by the tive date of the repeal under section 1601(b) 1987 (42 U.S.C. 1437f note). Chairmen and Ranking Minority Members of of this Act). (15) PUBLIC HOUSING ONE-STOP PERINATAL both Committees. (C) The loan management set-aside pro- SERVICES DEMONSTRATION.—Section 521 of the (e) MODIFICATIONS.—Notwithstanding any gram under subsections (b) and (v) of section Cranston-Gonzalez National Affordable provision of this division or any annual con- 8 of such Act. Housing Act (42 U.S.C. 1437t note). July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5629

(16) PUBLIC HOUSING MINCS DEMONSTRA- reasonable requirements of the owner of the (1) to determine whether the contractors TION.—Section 522 of the Cranston-Gonzalez federally assisted rental housing and provid- under such contracts have complied with all National Affordable Housing Act (42 U.S.C. ing that the resident maintains the animals laws and regulations regarding prohibition of 1437f note). responsibly and in compliance with applica- discrimination in hiring practices; (17) PUBLIC HOUSING ENERGY EFFICIENCY ble local and State public health, animal (2) to determine whether such contracts DEMONSTRATION.—Section 523 of the Cran- control, and anticruelty laws. Such reason- were awarded in accordance with the appli- ston-Gonzalez National Affordable Housing able requirements may include requiring cable laws and regulations regarding the Act (42 U.S.C. 1437g note). payment of a nominal fee and pet deposit by award of such contracts; (18) OMAHA HOMEOWNERSHIP DEMONSTRA- residents owning or having pets present, to (3) to determine how many such contracts TION.—Section 132 of the Housing and Com- cover the operating costs to the project re- were awarded under emergency contracting munity Development Act of 1992 (Public Law lating to the presence of pets and to estab- procedures; 102–550; 106 Stat. 3712). lish an escrow account for additional such (4) to evaluate the effectiveness of the con- (19) PUBLIC AND ASSISTED HOUSING YOUTH costs not otherwise covered, respectively. tracts; and SPORTS PROGRAMS.—Section 520 of the Cran- Notwithstanding section 1225(d) of the Hous- (5) to provide a full accounting of all ex- ston-Gonzalez National Affordable Housing ing Opportunity and Responsibility Act of penses under the contracts. Act (42 U.S.C. 11903a). 1997, a public housing agency may not grant (b) REPORT.—Not later than 180 days after (20) FROST-LELAND PROVISIONS.—Section 415 any exemption under such section from pay- the date of the enactment of this Act, the of the Department of Housing and Urban De- ment, in whole or in part, of any fee or de- Secretary shall complete the investigation velopment—Independent Agencies Appro- posit required pursuant to the preceding sen- required under subsection (a) and submit a priations Act, 1988 (Public Law 100–202; 101 tence. report to the Congress regarding the findings Stat. 1329–213); except that, notwithstanding ‘‘(b) PROHIBITION AGAINST DISCRIMINA- under the investigation. With respect to each any other provision of law, beginning on the TION.—No owner of federally assisted rental such contract, the report shall (1) state date of enactment of this Act, the public housing may restrict or discriminate against whether the contract was made and is oper- housing projects described in section 415 of any person in connection with admission to, ating, or was not made or is not operating, in such appropriations Act (as such section ex- or continued occupancy of, such housing by full compliance with applicable laws and reg- isted immediately before the date of enact- reason of the ownership of common house- ulations, and (2) for each contract that the ment of this Act) shall be eligible for demoli- hold pets by, or the presence of such pets in Secretary determines is in such compliance tion— the dwelling unit of, such person. issue a personal certification of such compli- ‘‘(c) DEFINITIONS.—For purposes of this sec- (A) under section 14 of the United States ance by the Secretary of Housing and Urban tion, the following definitions shall apply: Housing Act of 1937 (as such section existed Development. ‘‘(1) FEDERALLY ASSISTED RENTAL HOUS- (c) ACTIONS.—For each contract that is de- upon the enactment of this Act); and ING.—The term ‘federally assisted rental scribed in the report under subsection (b) as (B) under section 9 of the United States housing’ means any multifamily rental hous- not made or not operating in full compliance Housing Act of 1937. ing project that is— with applicable laws and regulations, the (21) MULTIFAMILY FINANCING.—The penul- ‘‘(A) public housing (as such term is de- Secretary of Housing and Urban Develop- timate sentence of section 302(b)(2) of the fined in section 1103 of the Housing Oppor- ment shall promptly take any actions avail- National Housing Act (12 U.S.C. 1717(b)(2)) tunity and Responsibility Act of 1997); able under law or regulation that are nec- and the penultimate sentence of section ‘‘(B) assisted with project-based assistance essary— 305(a)(2) of the Emergency Home Finance Act pursuant to section 1601(f) of the Housing Op- (1) to bring such contract into compliance; of 1970 (12 U.S.C. 1454(a)(2)). portunity and Responsibility Act of 1997 or or (22) CONFLICTS OF INTEREST.—Subsection under section 8 of the United States Housing (2) to terminate the contract. (c) of section 326 of the Housing and Commu- Act of 1937 (as in effect before the effective (d) EFFECTIVE DATE.—This section shall nity Development Amendments of 1981 (42 date of the repeal under section 1601(b) of the take effect on the date of the enactment of U.S.C. 1437f note). Housing Opportunity and Responsibility Act this Act. (23) CONVERSION OF PUBLIC HOUSING.—Sec- of 1997); SEC. 1624. AMENDMENTS TO PUBLIC AND AS- tion 202 of the Departments of Veterans Af- ‘‘(C) assisted under section 202 of the Hous- SISTED HOUSING DRUG ELIMI- fairs and Housing and Urban Development, ing Act of 1959 (as amended by section 801 of NATION ACT OF 1990. and Independent Agencies Appropriations the Cranston-Gonzalez National Affordable (a) SHORT TITLE, PURPOSES, AND AUTHORITY Act, 1996 (42 U.S.C. 1437l note) (enacted as Housing Act); TO MAKE GRANTS.—Chapter 2 of subtitle C of section 101(e) of the Omnibus Consolidated ‘‘(D) assisted under section 202 of the Hous- title V of the Anti-Drug Abuse Act of 1988 (42 Rescissions and Appropriations Act of 1996 ing Act of 1959 (as in effect before the enact- U.S.C. 11901 et seq.) is amended by striking (Public Law 104–134; 110 Stat. 1321–279)). ment of the Cranston-Gonzalez National Af- the chapter heading and all that follows (b) SAVINGS PROVISION.—Except to the ex- fordable Housing Act); through section 5123 and inserting the fol- tent otherwise provided in this division— ‘‘(E) assisted under title V of the Housing lowing: (1) the repeals made by subsection (a) shall Act of 1949; or ‘‘CHAPTER 2—COMMUNITY not affect any legally binding obligations en- ‘‘(F) insured, assisted, or held by the Sec- PARTNERSHIPS AGAINST CRIME tered into before the effective date of this di- retary or a State or State agency under sec- ‘‘SEC. 5121. SHORT TITLE. vision; and tion 236 of the National Housing Act. ‘‘This chapter may be cited as the ‘Com- (2) any funds or activities subject to a pro- ‘‘(2) OWNER.—The term ‘owner’ means, with munity Partnerships Against Crime Act of vision of law repealed by subsection (a) shall respect to federally assisted rental housing, 1997’. continue to be governed by the provision as the entity or private person, including a co- ‘‘SEC. 5122. PURPOSES. in effect immediately before such repeal. operative or public housing agency, that has ‘‘The purposes of this chapter are to— Subtitle B—Other Provisions Relating to the legal right to lease or sublease dwelling ‘‘(1) improve the quality of life for the vast Public Housing and Rental Assistance Pro- units in such housing (including a manager majority of law-abiding public housing resi- grams of such housing having such right). dents by reducing the levels of fear, violence, SEC. 1621. ALLOCATION OF ELDERLY HOUSING ‘‘(d) REGULATIONS.—This section shall take and crime in their communities; AMOUNTS. effect upon the date of the effectiveness of ‘‘(2) broaden the scope of the Public and Section 202(l) of the Housing Act of 1959 (12 regulations issued by the Secretary to carry Assisted Housing Drug Elimination Act of U.S.C. 1701q(l)) is amended by adding at the out this section. Such regulations shall be 1990 to apply to all types of crime, and not end the following new paragraph: issued not later than the expiration of the 1- simply crime that is drug-related; and ‘‘(4) CONSIDERATION IN ALLOCATING ASSIST- year period beginning on the date of the en- ‘‘(3) reduce crime and disorder in and ANCE.—Assistance under this section shall be actment of the Housing Opportunity and Re- around public housing through the expansion allocated in a manner that ensures that the sponsibility Act of 1997 and after notice and of community-oriented policing activities awards of the assistance are made for opportunity for public comment in accord- and problem solving. projects of sufficient size to accommodate ance with the procedure under section 553 of ‘‘SEC. 5123. AUTHORITY TO MAKE GRANTS. facilities for supportive services appropriate title 5, United States Code, applicable to sub- ‘‘The Secretary of Housing and Urban De- to the needs of frail elderly residents.’’. stantive rules (notwithstanding subsections velopment may make grants in accordance SEC. 1622. PET OWNERSHIP. (a)(2), (b)(B), and (d)(3) of such section).’’. with the provisions of this chapter for use in Section 227 of the Housing and Urban- SEC. 1623. REVIEW OF DRUG ELIMINATION PRO- eliminating crime in and around public hous- Rural Recovery Act of 1983 (12 U.S.C. 1701r–1) GRAM CONTRACTS. ing and other federally assisted low-income is amended to read as follows: (a) REQUIREMENT.—The Secretary of Hous- housing projects to (1) public housing agen- ‘‘SEC. 227. PET OWNERSHIP IN FEDERALLY AS- ing and Urban Development shall investigate cies, and (2) private, for-profit and nonprofit SISTED RENTAL HOUSING. all security contracts awarded by grantees owners of federally assisted low-income ‘‘(a) RIGHT OF OWNERSHIP.—A resident of a under the Public and Assisted Housing Drug housing.’’. dwelling unit in federally assisted rental Elimination Act of 1990 (42 U.S.C. 11901 et (b) ELIGIBLE ACTIVITIES.— housing may own common household pets or seq.) that are public housing agencies that (1) IN GENERAL.—Section 5124(a) of the have common household pets present in the own or operate more than 4,500 public hous- Anti-Drug Abuse Act of 1988 (42 U.S.C. dwelling unit of such resident, subject to the ing dwelling units— 11903(a)) is amended— H5630 CONGRESSIONAL RECORD — HOUSE July 15, 1998 (A) in the matter preceding paragraph (1), quirements under subparagraphs (A) and (B) termining not to approve an application and by inserting ‘‘and around’’ after ‘‘used in’’; of paragraph (4). plan submitted under this subsection, the (B) in paragraph (3), by inserting before the Notwithstanding subparagraphs (A) and (B), Secretary shall notify the public housing semicolon the following: ‘‘, including fenc- the Secretary may make a grant under this agency submitting the application and plan ing, lighting, locking, and surveillance sys- chapter to a public housing agency that of such approval or disapproval. tems’’; owns or operates 250 or more public housing ‘‘(7) DISAPPROVAL OF APPLICATIONS.—If the (C) in paragraph (4), by striking subpara- dwelling units only if the agency includes in Secretary notifies an agency that the appli- graph (A) and inserting the following new the application for the grant information cation and plan of the agency is not ap- subparagraph: that demonstrates, to the satisfaction of the proved, not later than the expiration of the ‘‘(A) to investigate crime; and’’; Secretary, that the agency has a need for the 15-day period beginning upon such notice of (D) in paragraph (6)— grant amounts based on generally recognized disapproval, the Secretary shall also notify (i) by striking ‘‘in and around public or crime statistics showing that (I) the crime the agency, in writing, of the reasons for the other federally assisted low-income housing rate for the public housing developments of disapproval, the actions that the agency projects’’; and the agency (or the immediate neighborhoods could take to comply with the criteria for (ii) by striking ‘‘and’’ after the semicolon; in which such developments are located) is approval, and the deadlines for such actions. and higher than the crime rate for the jurisdic- ‘‘(8) FAILURE TO APPROVE OR DISAPPROVE.— (E) by striking paragraph (7) and inserting tion in which the agency operates, (II) the If the Secretary fails to notify an agency of the following new paragraphs: crime rate for the developments (or such approval or disapproval of an application and ‘‘(7) providing funding to nonprofit public neighborhoods) is increasing over a period of plan submitted under this subsection before housing resident management corporations sufficient duration to indicate a general the expiration of the 60-day period beginning and resident councils to develop security and trend, or (III) the operation of the program upon the submission of the plan or fails to crime prevention programs involving site under this chapter substantially contributes provide notice under paragraph (7) within residents; to the reduction of crime. the 15-day period under such paragraph to an ‘‘(8) the employment or utilization of one ‘‘(2) 5-YEAR CRIME DETERRENCE AND REDUC- agency whose application has been dis- or more individuals, including law enforce- TION PLAN.—Each application for a grant approved, the application and plan shall be ment officers, made available by contract or under this subsection shall contain a 5-year considered to have been approved for pur- other cooperative arrangement with State or crime deterrence and reduction plan. The poses of this section. local law enforcement agencies, to engage in plan shall be developed with the participa- ‘‘(b) PHA’S WITH FEWER THAN 250 UNITS AND OWNERS OF FEDERALLY ASSISTED LOW-IN- community- and problem-oriented policing tion of residents and appropriate law en- COME HOUSING.— involving interaction with members of the forcement officials. The plan shall describe, ‘‘(1) APPLICATIONS AND PLANS.—To be eligi- community in proactive crime control and for the public housing agency submitting the ble to receive a grant under this chapter, a prevention activities; plan— public housing agency that owns or operates ‘‘(9) programs and activities for or involv- ‘‘(A) the nature of the crime problem in fewer than 250 public housing dwelling units ing youth, including training, education, public housing owned or operated by the pub- or an owner of federally assisted low-income recreation and sports, career planning, and lic housing agency; ‘‘(B) the building or buildings of the public housing shall submit an application to the entrepreneurship and employment activities housing agency affected by the crime prob- Secretary at such time, in such manner, and and after school and cultural programs; and lem; accompanied by such additional information ‘‘(10) service programs for residents that ‘‘(C) the impact of the crime problem on as the Secretary may require. The applica- address the contributing factors of crime, in- residents of such building or buildings; and tion shall include a plan for addressing the cluding programs for job training, education, ‘‘(D) the actions to be taken during the problem of crime in and around the housing drug and alcohol treatment, and other appro- term of the plan to reduce and deter such for which the application is submitted, de- priate social services.’’. crime, which shall include actions involving scribing in detail activities to be conducted (2) OTHER PHA-OWNED HOUSING.—Section residents, law enforcement, and service pro- during the fiscal year for which the grant is 5124(b) of the Anti-Drug Abuse Act of 1988 (42 viders. requested. U.S.C. 11903(b)) is amended— The term of a plan shall be the period con- ‘‘(2) GRANTS FOR PHA’S WITH FEWER THAN 250 (A) in the matter preceding paragraph (1)— sisting of 5 consecutive fiscal years, which UNITS.—In each fiscal year the Secretary (i) by striking ‘‘drug-related crime in’’ and begins with the first fiscal year for which may, to the extent amounts are available inserting ‘‘crime in and around’’; and funding under this chapter is provided to under section 5131(b)(2), make grants under (ii) by striking ‘‘paragraphs (1) through carry out the plan. this chapter to public housing agencies that (7)’’ and inserting ‘‘paragraphs (1) through ‘‘(3) AMOUNT.—In any fiscal year, the own or operate fewer than 250 public housing (10)’’; and amount of the grant for a public housing dwelling units and have submitted applica- (B) in paragraph (2), by striking ‘‘drug-re- agency receiving a grant pursuant to para- tions under paragraph (1) that the Secretary lated’’ and inserting ‘‘criminal’’. graph (1) shall be the amount that bears the has approved pursuant to the criteria under (c) GRANT PROCEDURES.—Section 5125 of same ratio to the total amount made avail- paragraph (4). the Anti-Drug Abuse Act of 1988 (42 U.S.C. able under section 5131(b)(1) as the total ‘‘(3) GRANTS FOR FEDERALLY ASSISTED LOW- 11904) is amended to read as follows: number of public dwelling units owned or op- INCOME HOUSING.—In each fiscal year the Sec- ‘‘SEC. 5125. GRANT PROCEDURES. erated by such agency bears to the total retary may, to the extent amounts are avail- ‘‘(a) PHA’S WITH 250 OR MORE UNITS.— number of dwelling units owned or operated able under section 5131(b)(3), make grants ‘‘(1) GRANTS.—In each fiscal year, the Sec- by all public housing agencies that own or under this chapter to owners of federally as- retary shall make a grant under this chapter operate 250 or more public housing dwelling sisted low-income housing that have submit- from any amounts available under section units that are approved for such fiscal year. ted applications under paragraph (1) that the 5131(b)(1) for the fiscal year to each of the ‘‘(4) PERFORMANCE REVIEW.—For each fiscal Secretary has approved pursuant to the cri- following public housing agencies: year, the Secretary shall conduct a perform- teria under paragraphs (4) and (5). ‘‘(A) NEW APPLICANTS.—Each public hous- ance review of the activities carried out by ‘‘(4) CRITERIA FOR APPROVAL OF APPLICA- ing agency that owns or operates 250 or more each public housing agency receiving a grant TIONS.—The Secretary shall determine public housing dwelling units and has— pursuant to this subsection to determine whether to approve each application under ‘‘(i) submitted an application to the Sec- whether the agency— this subsection on the basis of— retary for a grant for such fiscal year, which ‘‘(A) has carried out such activities in a ‘‘(A) the extent of the crime problem in includes a 5-year crime deterrence and re- timely manner and in accordance with its 5- and around the housing for which the appli- duction plan under paragraph (2); and year crime deterrence and reduction plan; cation is made; ‘‘(ii) had such application and plan ap- and ‘‘(B) the quality of the plan to address the proved by the Secretary. ‘‘(B) has a continuing capacity to carry out crime problem in the housing for which the ‘‘(B) RENEWALS.—Each public housing such plan in a timely manner. application is made; agency that owns or operates 250 or more ‘‘(5) SUBMISSION OF APPLICATIONS.—The ‘‘(C) the capability of the applicant to public housing dwelling units and for Secretary shall establish such deadlines and carry out the plan; and which— requirements for submission of applications ‘‘(D) the extent to which the tenants of the ‘‘(i) a grant was made under this chapter under this subsection. housing, the local government, local commu- for the preceding Federal fiscal year; ‘‘(6) REVIEW AND DETERMINATION.—The Sec- nity-based nonprofit organizations, local ‘‘(ii) the term of the 5-year crime deter- retary shall review each application submit- tenant organizations representing residents rence and reduction plan applicable to such ted under this subsection upon submission of neighboring projects that are owned or as- grant includes the fiscal year for which the and shall approve the application unless the sisted by the Secretary, and the local com- grant under this subsection is to be made; application and the 5-year crime deterrence munity support and participate in the design and and reduction plan are inconsistent with the and implementation of the activities pro- ‘‘(iii) the Secretary has determined, pursu- purposes of this chapter or any requirements posed to be funded under the application. ant to a performance review under paragraph established by the Secretary or the informa- In each fiscal year, the Secretary may give (4), that during the preceding fiscal year the tion in the application or plan is not sub- preference to applications under this sub- agency has substantially fulfilled the re- stantially complete. Upon approving or de- section for housing made by applicants who July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5631

received a grant for such housing for the pre- the Department of Justice Assets Forfeiture (2) CONSIDERATION OF REHABILITATION.—In ceding fiscal year under this subsection or Fund or the Department of the Treasury determining whether, pursuant to paragraph under the provisions of this chapter as in ef- Forfeiture Fund, as an equitable share from (1)(B), to deny admission to the program or fect immediately before the date of the en- the forfeiture of property in investigations to federally assisted housing to any house- actment of the Housing Opportunity and Re- in which the Office of Inspector General par- hold based on a pattern of illegal use of a sponsibility Act of 1997. ticipates, shall be deposited to the credit of controlled substance or a pattern of abuse of ‘‘(5) ADDITIONAL CRITERIA FOR FEDERALLY the Office of Inspector General for Operation alcohol by a household member, a public ASSISTED LOW-INCOME HOUSING.—In addition Safe Home activities authorized under the housing agency or an owner may consider to the selection criteria under paragraph (4), Inspector General Act of 1978, as amended, to whether such household member— the Secretary may establish other criteria remain available until expended.’’. (A) has successfully completed an accred- for evaluating applications submitted by (h) CONFORMING AMENDMENTS.—The table ited drug or alcohol rehabilitation program owners of federally assisted low-income of contents in section 5001 of the Anti-Drug (as applicable) and is no longer engaging in housing, except that such additional criteria Abuse Act of 1988 (Public Law 100–690; 102 the illegal use of a controlled substance or shall be designed only to reflect— Stat. 4295) is amended— abuse of alcohol (as applicable); ‘‘(A) relevant differences between the fi- (1) by striking the item relating to the (B) has otherwise been rehabilitated suc- nancial resources and other characteristics heading for chapter 2 of subtitle C of title V cessfully and is no longer engaging in the il- of public housing agencies and owners of fed- and inserting the following: legal use of a controlled substance or abuse erally assisted low-income housing; or ‘‘CHAPTER 2—COMMUNITY PARTNERSHIPS of alcohol (as applicable); or ‘‘(B) relevant differences between the prob- AGAINST CRIME’’; (C) is participating in an accredited drug lem of crime in public housing administered (2) by striking the item relating to section or alcohol rehabilitation program (as appli- by such authorities and the problem of crime 5122 and inserting the following new item: cable) and is no longer engaging in the ille- in federally assisted low-income housing.’’. ‘‘Sec. 5122. Purposes.’’; gal use of a controlled substance or abuse of (d) DEFINITIONS.—Section 5126 of the Anti- (3) by striking the item relating to section alcohol (as applicable). Drug Abuse Act of 1988 (42 U.S.C. 11905) is 5125 and inserting the following new item: (c) INELIGIBILITY OF SEXUALLY VIOLENT amended— ‘‘Sec. 5125. Grant procedures.’’; PREDATORS FOR ADMISSION TO PUBLIC HOUS- (1) by striking paragraphs (1) and (2); and ING.— (2) in paragraph (4)(A), by striking ‘‘sec- (4) by striking the item relating to section (1) IN GENERAL.—Notwithstanding any tion’’ before ‘‘221(d)(4)’’; 5130 and inserting the following new item: other provision of law, a public housing (3) by redesignating paragraphs (3) and (4) agency shall prohibit admission to public ‘‘Sec. 5130. Funding.’’. (as so amended) as paragraphs (1) and (2), re- (i) TREATMENT OF NOFA.—The cap limiting housing for any household that includes any spectively; and assistance under the Notice of Funding individual who is a sexually violent predator. (4) by adding at the end the following new Availability issued by the Department of (2) SEXUALLY VIOLENT PREDATOR.—For pur- paragraph: Housing and Urban Development in the Fed- poses of this subsection, the term ‘‘sexually ‘‘(3) PUBLIC HOUSING AGENCY.—The term eral Register of April 8, 1996, shall not apply violent predator’’ means an individual who— ‘public housing agency’ has the meaning to a public housing agency within an area (A) is a sexually violent predator (as such given the term in section 1103 of the Housing designated as a high intensity drug traffick- term is defined in section 170101(a)(3) of such Opportunity and Responsibility Act of 1997.’’. ing area under section 1005(c) of the Anti- Act); and (e) IMPLEMENTATION.—Section 5127 of the Drug Abuse Act of 1988 (21 U.S.C. 1504(c)). (B) is subject to a registration requirement Anti-Drug Abuse Act of 1988 (42 U.S.C. 11906) (j) EFFECTIVE DATE.—This section and the under section 170101(a)(1)(B) or 170102(c) of is amended by striking ‘‘Cranston-Gonzalez amendments made by this section shall take the Violent Crime Control and Law Enforce- National Affordable Housing Act’’ and in- effect on the date of the enactment of this ment Act of 1994 (42 U.S.C. 14071(a)(1)(B), serting ‘‘Housing Opportunity and Respon- Act. 14072(c)), as provided under section sibility Act of 1997’’. Subtitle C—Limitations Relating to 170101(b)(6)(B) or 170102(d)(2), respectively, of (f) REPORTS.—Section 5128 of the Anti-Drug Occupancy in Federally Assisted Housing such Act. Abuse Act of 1988 (42 U.S.C. 11907) is amend- SEC. 1641. SCREENING OF APPLICANTS. (d) AUTHORITY TO DENY ADMISSION TO ed— RIMINAL FFENDERS (a) INELIGIBILITY BECAUSE OF EVICTION.— C O .—Except as provided in (1) by striking ‘‘drug-related crime in’’ and Any household or member of a household subsections (a), (b), and (c) and in addition to inserting ‘‘crime in and around’’; and evicted from federally assisted housing (as any other authority to screen applicants, in (2) by striking ‘‘described in section such term is defined in section 1645) shall not selecting among applicants for admission to 5125(a)’’ and inserting ‘‘for the grantee sub- be eligible for federally assisted housing— the program or to federally assisted housing, mitted under subsection (a) or (b) of section (1) in the case of eviction by reason of if the public housing agency or owner of such 5125, as applicable’’. drug-related criminal activity, for a period housing (as applicable) determines that an (g) FUNDING AND PROGRAM SUNSET.—Chap- of not less than 3 years that begins on the applicant or any member of the applicant’s ter 2 of subtitle C of title V of the Anti-Drug date of such eviction, unless the evicted household is or was, during a reasonable Abuse Act of 1988 is amended by striking sec- member of the household successfully com- time preceding the date when the applicant tion 5130 (42 U.S.C. 11909) and inserting the pletes a rehabilitation program; and household would otherwise be selected for following new section: (2) in the case of an eviction for other seri- admission, engaged in any criminal activity ‘‘SEC. 5130. FUNDING. ous violations of the terms or conditions of (including drug-related criminal activity), ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— the lease, for a reasonable period of time, as the public housing agency or owner may— There are authorized to be appropriated to determined by the public housing agency or (1) deny such applicant admission to the carry out this chapter $290,000,000 for each of owner of the federally assisted housing, as program or to federally assisted housing; fiscal years 1998, 1999, 2000, 2001, and 2002. applicable. (2) consider the applicant (for purposes of ‘‘(b) ALLOCATION.—Of any amounts avail- The requirements of paragraphs (1) and (2) any waiting list) as not having applied for able, or that the Secretary is authorized to may be waived if the circumstances leading the program or such housing; and use, to carry out this chapter in any fiscal to eviction no longer exist. (3) after the expiration of the reasonable year— (b) INELIGIBILITY OF ILLEGAL DRUG USERS period beginning upon such activity, require ‘‘(1) 85 percent shall be available only for AND ALCOHOL USERS.— the applicant, as a condition of admission to assistance pursuant to section 5125(a) to pub- (1) IN GENERAL.—Notwithstanding any the program or to federally assisted housing, lic housing agencies that own or operate 250 other provision of law, a public housing to submit to the public housing agency or or more public housing dwelling units; agency or an owner of federally assisted owner evidence sufficient (as the Secretary ‘‘(2) 10 percent shall be available only for housing, or both, as determined by the Sec- shall by regulation provide) to ensure that assistance pursuant to section 5125(b)(2) to retary, shall establish standards that pro- the individual or individuals in the appli- public housing agencies that own or operate hibit admission to the program or admission cant’s household who engaged in criminal ac- fewer than 250 public housing dwelling units; to federally assisted housing for any house- tivity for which denial was made under para- and hold with a member— graph (1) have not engaged in any criminal ‘‘(3) 5 percent shall be available only for as- (A) who the public housing agency or activity during such reasonable period. sistance to federally assisted low-income owner determines is engaging in the illegal (e) AUTHORITY TO REQUIRE ACCESS TO housing pursuant to section 5125(b)(3). use of a controlled substance; or CRIMINAL RECORDS.—A public housing agency ‘‘(c) RETENTION OF PROCEEDS OF ASSET FOR- (B) with respect to whom the public hous- and an owner of federally assisted housing FEITURES BY INSPECTOR GENERAL.—Notwith- ing agency or owner determines that it has may require, as a condition of providing ad- standing section 3302 of title 31, United reasonable cause to believe that such house- mission to the program or admission to or States Code, or any other provision of law af- hold member’s illegal use (or pattern of ille- occupancy in federally assisted housing, that fecting the crediting of collections, the pro- gal use) of a controlled substance, or abuse each adult member of the household provide ceeds of forfeiture proceedings and funds (or pattern of abuse) of alcohol, would inter- a signed, written authorization for the public transferred to the Office of Inspector General fere with the health, safety, or right to housing agency to obtain the records de- of the Department of Housing and Urban De- peaceful enjoyment of the premises by other scribed in section 1644(a) regarding such velopment, as a participating agency, from residents. member of the household from the National H5632 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Crime Information Center, police depart- conviction records of an adult applicant for, pute the accuracy and relevance of that ments, other law enforcement agencies, and or tenants of, federally assisted housing for record. State registration agencies referred to in purposes of applicant screening, lease en- (d) FEE.—A public housing agency may be such section. In the case of an owner of fed- forcement, and eviction, but only if the pub- charged a reasonable fee for information pro- erally assisted housing that is not a public lic housing agency requests such information vided under subsection (a). A public housing housing agency, the owner shall request the and presents to such Center, department, or agency may require an owner of federally as- public housing agency having jurisdiction agency a written authorization, signed by sisted housing (that is not a public housing over the area within which the housing is lo- such applicant, for the release of such infor- agency) to pay such fee for any information cated to obtain the records pursuant to sec- mation to the public housing agency or other that the agency acquires for the owner pur- tion 1644. owner of the federally assisted housing. suant to section 1641(e) and subsection (a) of (f) ADMISSION BASED ON DISABILITY.— (2) INFORMATION REGARDING CRIMES AGAINST this section. (1) IN GENERAL.—Notwithstanding any CHILDREN AND SEXUALLY VIOLENT PREDA- (e) RECORDS MANAGEMENT.—Each public other provision of law, for purposes of deter- TORS.—Notwithstanding any other provision housing agency and owner of federally as- mining eligibility for admission to federally of law other than paragraphs (3) and (4), upon sisted housing that receives criminal record assisted housing, a person shall not be con- the request of a public housing agency, the information pursuant to this section shall sidered to have a disability or a handicap Federal Bureau of Investigation, a State law establish and implement a system of records solely because of the prior or current illegal enforcement agency designated as a registra- management that ensures that any criminal use of a controlled substance (as defined in tion agency under a State registration pro- record received by the agency or owner is— section 102 of the Controlled Substances Act) gram under subtitle A of title XVII of the (1) maintained confidentially; or solely by reason of the prior or current Violent Crime Control and Law Enforcement (2) not misused or improperly dissemi- use of alcohol. Act of 1994 (42 U.S.C. 14071), and any local nated; and (2) CONTINUED OCCUPANCY.—This subsection law enforcement agency authorized by the (3) destroyed in a timely fashion, once the may not be construed to prohibit the contin- State agency shall provide to a public hous- purpose for which the record was requested ued occupancy of any person who is a resi- ing agency the information collected under has been accomplished. dent in assisted housing on the effective date the national database established pursuant (f) PENALTY.—Any person who knowingly of this division. to section 170102 of such Act or such State and willfully requests or obtains any infor- registration program, as applicable, regard- SEC. 1642. TERMINATION OF TENANCY AND AS- mation concerning an applicant for, or ten- ing an adult applicant for, or tenant of, fed- SISTANCE FOR ILLEGAL DRUG ant of, federally assisted housing pursuant to USERS AND ALCOHOL ABUSERS. erally assisted housing for purposes of appli- the authority under this section under false Notwithstanding any other provision of cant screening, lease enforcement, and evic- pretenses, or any person who knowingly and law, a public housing agency or an owner of tion, but only if the public housing agency willfully discloses any such information in federally assisted housing (as applicable), requests such information and presents to any manner to any individual not entitled shall establish standards or lease provisions such State registration agency or other local under any law to receive it, shall be guilty of for continued assistance or occupancy in fed- law enforcement agency a written authoriza- a misdemeanor and fined not more than erally assisted housing that allow the agency tion, signed by such applicant, for the re- $5,000. The term ‘‘person’’ as used in this sub- or owner (as applicable) to terminate the lease of such information to the public hous- section shall include an officer, employee, or tenancy or assistance for any household with ing agency or other owner of the federally authorized representative of any public hous- a member— assisted housing. ing agency or owner. (1) who the public housing agency or owner (3) DELAYED EFFECTIVE DATE FOR OWNERS (g) CIVIL ACTION.—Any applicant for, or determines is engaging in the illegal use of a OTHER THAN PHA’S.—The provisions of para- controlled substance; or graphs (1) and (2) authorizing obtaining in- tenant of, federally assisted housing affected (2) whose illegal use of a controlled sub- formation for owners of federally assisted by (1) a negligent or knowing disclosure of stance, or whose abuse of alcohol, is deter- housing other than public housing agencies information referred to in this section about mined by the public housing agency or owner shall not take effect before— such person by an officer, employee, or au- to interfere with the health, safety, or right (A) the expiration of the 1-year period be- thorized representative of any public housing to peaceful enjoyment of the premises by ginning on the date of enactment of this Act; agency or owner of federally assisted hous- other residents. and ing, which disclosure is not authorized by this section, or (2) any other negligent or SEC. 1643. LEASE REQUIREMENTS. (B) the Secretary and the Attorney Gen- eral of the United States have determined knowing action that is inconsistent with In addition to any other applicable lease this section, may bring a civil action for requirements, each lease for a dwelling unit that access to such information is feasible for such owners and have provided for the damages and such other relief as may be ap- in federally assisted housing shall provide propriate against any public housing agency that— terms of release of such information to own- ers. or owner responsible for such unauthorized (1) the owner may not terminate the ten- action. The district court of the United ancy except for violation of the terms or (4) EXCEPTION.—The information provided under paragraphs (1), (2), and (3) shall in- States in the district in which the affected conditions of the lease, violation of applica- applicant or tenant resides, in which such ble Federal, State, or local law, or for other clude information regarding any criminal conviction of a juvenile only to the extent unauthorized action occurred, or in which good cause; and the officer, employee, or representative al- (2) grounds for termination of tenancy that the release of such information is au- thorized under the law of the applicable leged to be responsible for any such unau- shall include any criminal or other activity, thorized action resides, shall have jurisdic- engaged in by the tenant, any member of the State, tribe, or locality. (b) CONFIDENTIALITY.—A public housing tion in such matters. Appropriate relief that tenant’s household, any guest, or any other may be ordered by such district courts shall person under the control of the household, agency or owner receiving information under this section may use such information only include reasonable attorney’s fees and other that— litigation costs. (A) threatens the health or safety of, or for the purposes provided in this section and such information may not be disclosed to (h) DEFINITION.—For purposes of this sec- right to peaceful enjoyment of the premises any person who is not an officer, employee, tion, the term ‘‘adult’’ means a person who is by, other tenant or employees of the owner or authorized representative of the agency or 18 years of age or older, or who has been con- or other manager of the housing; owner and who has a job-related need to have victed of a crime as an adult under any Fed- (B) threatens the health or safety of, or access to the information in connection with eral, State, or tribal law. right to peaceful enjoyment of their prem- admission of applicants, eviction of tenants, SEC. 1645. DEFINITIONS. ises by, persons residing in the immediate vi- or termination of assistance. For judicial cinity of the premises; or eviction proceedings, disclosures may be For purposes of this subtitle, the following (C) with respect only to activity engaged made to the extent necessary. The Secretary definitions shall apply: in by the tenant or any member of the ten- shall, by regulation, establish procedures (1) FEDERALLY ASSISTED HOUSING.—The ant’s household, is criminal activity on or necessary to ensure that information pro- term ‘‘federally assisted housing’’ means a off the premises. vided under this section to a public housing dwelling unit— SEC. 1644. AVAILABILITY OF CRIMINAL RECORDS agency or owner is used, and confidentiality (A) in public housing (as such term is de- FOR TENANT SCREENING AND EVIC- of such information is maintained, as re- fined in section 1102); TION. quired under this section. (B) assisted with choice-based housing as- (a) IN GENERAL.— (c) OPPORTUNITY TO DISPUTE.—Before an sistance under title XIII; (1) CRIMINAL CONVICTION INFORMATION.— adverse action is taken with regard to assist- (C) in housing that is provided project- Notwithstanding any other provision of law ance for federally assisted housing on the based assistance under section 8 of the other than paragraphs (3) and (4), upon the basis of a criminal record (including on the United States Housing Act of 1937 (as in ef- request of a public housing agency, the Na- basis that an individual is a sexually violent fect before the effective date of the repeal tional Crime Information Center, a police de- predator, pursuant to section 1641(c)), the under section 1601(b) of this Act) or pursuant partment, and any other law enforcement public housing agency or owner shall provide to section 1601(f) of this Act, including new agency shall provide to the public housing the tenant or applicant with a copy of the construction and substantial rehabilitation agency information regarding the criminal criminal record and an opportunity to dis- projects; July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5633 (D) in housing that is assisted under sec- SEC. 1704. INCOME ELIGIBILITY FOR HOME AND SEC. 1707. USE OF AMERICAN PRODUCTS. tion 202 of the Housing Act of 1959 (as amend- CDBG PROGRAMS. (a) PURCHASE OF AMERICAN-MADE EQUIP- ed by section 801 of the Cranston-Gonzalez (a) HOME INVESTMENT PARTNERSHIPS.—The MENT AND PRODUCTS.—It is the sense of the National Affordable Housing Act); Cranston-Gonzalez National Affordable Congress that, to the greatest extent prac- (E) in housing that is assisted under sec- Housing Act is amended as follows: ticable, all equipment and products pur- tion 202 of the Housing Act of 1959, as such (1) DEFINITIONS.—In section 104(10) (42 chased with funds made available in this di- section existed before the enactment of the U.S.C. 12704(10))— vision should be American made. Cranston-Gonzalez National Affordable (A) by striking ‘‘income ceilings higher or (b) NOTICE REQUIREMENT.—In providing fi- Housing Act; lower’’ and inserting ‘‘an income ceiling nancial assistance to, or entering into any (F) in housing that is assisted under sec- higher’’; contract with, any entity using funds made tion 811 of the Cranston-Gonzalez National (B) by striking ‘‘variations are’’ and insert- available in this division, the head of each Affordable Housing Act; ing ‘‘variation is’’; and Federal agency, to the greatest extent prac- (G) in housing financed by a loan or mort- (C) by striking ‘‘high or’’. ticable, shall provide to such entity a notice gage insured under section 221(d)(3) of the (2) INCOME TARGETING.—In section 214(1)(A) describing the statement made in subsection National Housing Act that bears interest at (42 U.S.C. 12744(1)(A))— (a) by the Congress. a rate determined under the proviso of sec- (A) by striking ‘‘income ceilings higher or SEC. 1708. CONSULTATION WITH AFFECTED tion 221(d)(5) of such Act; lower’’ and inserting ‘‘an income ceiling AREAS IN SETTLEMENT OF LITIGA- (H) in housing insured, assisted, or held by higher’’; TION. the Secretary or a State or State agency (B) by striking ‘‘variations are’’ and insert- In negotiating any settlement of, or con- under section 236 of the National Housing ing ‘‘variation is’’; and sent decree for, any litigation regarding pub- Act; (C) by striking ‘‘high or’’. lic housing or rental assistance (under title (I) in housing assisted under section 515 of (3) RENT LIMITS.—In section 215(a)(1)(A) (42 XIII of this Act or the United States Housing the Housing Act of 1949. U.S.C. 12745(a)(1)(A))— Act of 1937, as in effect before the effective (2) OWNER.—The term ‘‘owner’’ means, with (A) by striking ‘‘income ceilings higher or date of the repeal under section 1601(b) of respect to federally assisted housing, the en- lower’’ and inserting ‘‘an income ceiling this Act) that involves the Secretary and tity or private person (including a coopera- higher’’; any public housing agency or any unit of tive or public housing agency) that has the (B) by striking ‘‘variations are’’ and insert- general local government, the Secretary legal right to lease or sublease dwelling ing ‘‘variation is’’; and shall consult with any units of general local units in such housing. (C) by striking ‘‘high or’’. government and public housing agencies hav- TITLE XVII—AFFORDABLE HOUSING AND (b) CDBG.—Section 102(a)(20) of the Hous- ing jurisdictions that are adjacent to the ju- MISCELLANEOUS PROVISIONS ing and Community Development Act of 1974 risdiction of the public housing agency in- SEC. 1701. RURAL HOUSING ASSISTANCE. (42 U.S.C. 5302(a)(20)) is amended by striking volved. The last sentence of section 520 of the subparagraph (B) and inserting the following SEC. 1709. TREATMENT OF PHA REPAYMENT Housing Act of 1949 (42 U.S.C. 1490) is amend- new subparagraph: AGREEMENT. ed by inserting before the period the follow- ‘‘(B) The Secretary may— (a) LIMITATION ON SECRETARY.—During the ing: ‘‘, and the city of Altus, Oklahoma, shall ‘‘(i) with respect to any reference in sub- 2-year period beginning on the date of the be considered a rural area for purposes of paragraph (A) to 50 percent of the median in- enactment of this Act, if the Housing Au- this title until the receipt of data from the come of the area involved, establish percent- thority of the City of Las Vegas, Nevada, is decennial census in the year 2000’’. ages of median income for any area that are otherwise in compliance with the Repayment SEC. 1702. TREATMENT OF OCCUPANCY STAND- higher or lower than 50 percent if the Sec- Lien Agreement and Repayment Plan ap- ARDS. retary finds such variations to be necessary proved by the Secretary on February 12, 1997, The Secretary of Housing and Urban Devel- because of unusually high or low family in- the Secretary of Housing and Urban Develop- opment shall not directly or indirectly es- comes in such area; and ment shall not take any action that has the tablish a national occupancy standard. ‘‘(ii) with respect to any reference in sub- effect of reducing the inventory of senior cit- SEC. 1703. IMPLEMENTATION OF PLAN. paragraph (A) to 80 percent of the median in- izen housing owned by such housing author- (a) IMPLEMENTATION.— come of the area involved, establish a per- ity that does not receive assistance from the (1) IN GENERAL.—Not later than 120 days centage of median income for any area that Department of Housing and Urban Develop- after the date of the enactment of this Act, is higher than 80 percent if the Secretary ment. the Secretary shall implement the Ida finds such variation to be necessary because (b) ALTERNATIVE REPAYMENT OPTIONS.— Barbour Revitalization Plan of the City of of unusually low family incomes in such During the period referred to in subsection Portsmouth, Virginia, in a manner consist- area.’’. (a), the Secretary shall assist the housing ent with existing limitations under law. SEC. 1705. PROHIBITION OF USE OF CDBG authority referred to in such subsection to (2) WAIVERS.—In carrying out paragraph GRANTS FOR EMPLOYMENT RELO- identify alternative repayment options to (1), the Secretary shall consider and make CATION ACTIVITIES. the plan referred to in such subsection and any waivers to existing regulations and Section 105 of the Housing and Community to execute an amended repayment plan that other requirements consistent with the plan Development Act of 1974 (42 U.S.C. 5305) is will not adversely affect the housing referred described in paragraph (1) to enable timely amended by adding at the end the following to in such subsection. implementation of such plan, except that new subsection: (c) RULE OF CONSTRUCTION.—This section generally applicable regulations and other ‘‘(h) PROHIBITION OF USE OF ASSISTANCE FOR may not be construed to alter— requirements governing the award of funding EMPLOYMENT RELOCATION ACTIVITIES.—Not- (1) any lien held by the Secretary pursuant under programs for which assistance is ap- withstanding any other provision of law, no to the agreement referred to in subsection plied for in connection with such plan shall amount from a grant under section 106 made (a); or apply. in fiscal year 1997 or any succeeding fiscal (2) the obligation of the housing authority (b) REPORT.— year may be used for any activity (including referred to in subsection (a) to close all re- (1) IN GENERAL.—Not later than 1 year after any infrastructure improvement) that is in- maining items contained in the Inspector the date of the enactment of this Act and an- tended, or is likely, to facilitate the reloca- General audits numbered 89 SF 1004 (issued nually thereafter through the year 2000, the tion or expansion of any industrial or com- January 20, 1989), 93 SF 1801 (issued October city described in subsection (a)(1) shall sub- mercial plant, facility, or operation, from 30, 1993), and 96 SF 1002 (issued February 23, mit a report to the Secretary on progress in one area to another area, if the relocation or 1996). implementing the plan described in that sub- expansion will result in a loss of employment SEC. 1710. USE OF ASSISTED HOUSING BY ALIENS. section. in the area from which the relocation or ex- Section 214 of the Housing and Community (2) CONTENTS.—Each report submitted pansion occurs.’’. Development Act of 1980 (42 U.S.C. 1436a) is under this subsection shall include— SEC. 1706. REGIONAL COOPERATION UNDER amended— (A) quantifiable measures revealing the in- CDBG ECONOMIC DEVELOPMENT (1) in subsection (b)(2), by striking ‘‘Sec- crease in homeowners, employment, tax INITIATIVE. retary of Housing and Urban Development’’ base, voucher allocation, leverage ratio of Section 108(q)(4) (42 U.S.C. 5308(q)(4)) of the and inserting ‘‘applicable Secretary’’; funds, impact on and compliance with the Housing and Community Development Act of (2) in subsection (c)(1)(B), by moving consolidated plan of the city; 1974 is amended— clauses (ii) and (iii) 2 ems to the left; (B) identification of regulatory and statu- (1) by striking ‘‘and’’ after the semicolon (3) in subsection (d)— tory obstacles that— in subparagraph (C); (A) in paragraph (1)(A)— (i) have caused or are causing unnecessary (2) by redesignating subparagraph (D) as (i) by striking ‘‘Secretary of Housing and delays in the successful implementation of subparagraph (E); and Urban Development’’ and inserting ‘‘applica- the consolidated plan; or (3) by inserting after subparagraph (C) the ble Secretary’’; and (ii) are contributing to unnecessary costs following: (ii) by striking ‘‘the Secretary’’ and insert- associated with the revitalization; and ‘‘(D) when applicable as determined by the ing ‘‘the applicable Secretary’’; (C) any other information that the Sec- Secretary, the extent of regional cooperation (B) in paragraph (2), in the matter follow- retary considers to be appropriate. demonstrated by the proposed plan; and’’. ing subparagraph (B)— H5634 CONGRESSIONAL RECORD — HOUSE July 15, 1998 (i) by inserting ‘‘applicable’’ before ‘‘Sec- ment pursuant to the provisions of section for the public purpose of providing low- and retary’’; and 553 of title 5, United States Code (notwith- moderate-income housing. (ii) by moving such matter (as so amended standing subsections (a)(2) and (b)(B) of such (2) REVERTER.—The Administrator shall re- by clause (i)) 2 ems to the right; section). quire that the property be used for at least 30 (C) in paragraph (4)(B)(ii), by inserting SEC. 1712. CONVERSION OF SECTION 8 TENANT- years for the public purpose for which it was ‘‘applicable’’ before ‘‘Secretary’’; BASED ASSISTANCE TO PROJECT- originally conveyed, or such longer period of (D) in paragraph (5), by striking ‘‘the Sec- BASED ASSISTANCE IN THE BOR- time as the Administrator feels necessary, to retary’’ and inserting ‘‘the applicable Sec- OUGH OF TAMAQUA. protect the Federal interest and to promote retary’’; and For the Tamaqua Highrise project in the the public purpose. If this condition is not (E) in paragraph (6), by inserting ‘‘applica- Borough of Tamaqua, Pennsylvania, the Sec- met, the property shall revert to the United ble’’ before ‘‘Secretary’’; retary of Housing and Urban Development States. (4) in subsection (h) (as added by section may require the public housing agency to (3) DETERMINATION OF FAIR MARKET 576 of the Illegal Immigration Reform and convert the tenant-based assistance under VALUE.—The Administrator shall determine Immigrant Responsibility Act of 1996 (divi- section 8 of the United States Housing Act of estimated fair market value in accordance sion C of Public Law 104–208))— 1937 to project-based rental assistance under with Federal appraisal standards and proce- (A) in paragraph (1)— section 8(d)(2) of such Act, notwithstanding dures. (i) by striking ‘‘Except in the case of an the requirement for rehabilitation or the (4) DEPOSIT OF PROCEEDS.—The Adminis- election under paragraph (2)(A), no’’ and in- percentage limitations under section 8(d)(2). trator of General Services shall deposit any serting ‘‘No’’; The tenant-based assistance covered by the proceeds received under this subsection in (ii) by striking ‘‘this section’’ and insert- preceding sentance shall be the assistance the special account established pursuant to ing ‘‘subsection (d)’’; and for families who are residing in the project section 204(h)(2) of the Federal Property and (iii) by inserting ‘‘applicable’’ before ‘‘Sec- on the date of enactment of this Act and who Administrative Services Act of 1949. retary’’; and initially received their assistance in connec- (5) ADDITIONAL TERMS AND CONDITIONS.— (B) in paragraph (2)— tion with the conversion of the section 23 The Administrator may require such addi- (i) by striking subparagraph (A) and insert- leased housing contract for the project to tional terms and conditions in connection ing the following new subparagraph: tenant-based assistance under section 8 of with the conveyance under subsection (a) as ‘‘(A) may, notwithstanding paragraph (1) of such Act. The Secretary may not take action the Administrator considers appropriate to this subsection, elect not to affirmatively es- under this section before the expiration of protect the interests of the United States tablish and verify eligibility before providing the 30-day period beginning upon the submis- and to accomplish a public purpose. financial assistance’’; and sion of a report to the Congress regarding SEC. 1715. EFFECTIVE DATE. (ii) in subparagraph (B), by striking ‘‘in the proposed action under this section. This title and the amendments made by this title shall take effect on the date of the complying with this section’’ and inserting SEC. 1713. HOUSING COUNSELING. enactment of this Act. ‘‘in carrying out subsection (d)’’; and (a) EXTENSION OF EMERGENCY HOMEOWNER- (5) by redesignating subsection (h) (as SHIP COUNSELING.—Section 106(c)(9) of the H.R. 4194 amended by paragraph (4)) as subsection (i). Housing and Urban Development Act of 1968 OFFERED BY: MR. GREENWOOD SEC. 1711. PROTECTION OF SENIOR HOME- (12 U.S.C. 1701x(c)(9)) is amended by striking AMENDMENT NO. 13. Page 58, line 25, insert OWNERS UNDER REVERSE MORT- ‘‘September 30, 1994’’ and inserting ‘‘Septem- before the colon the following: ‘‘, except that GAGE PROGRAM. ber 30, 1999’’. this proviso shall not apply to any action au- (a) DISCLOSURE REQUIREMENTS; PROHIBITION (b) EXTENSION OF PREPURCHASE AND FORE- thorized by law’’. OF FUNDING OF UNNECESSARY OR EXCESSIVE CLOSURE PREVENTION COUNSELING DEM- H.R. 4194 COSTS.—Section 255(d) of the National Hous- ONSTRATION.—Section 106(d)(13) of the Hous- OFFERED BY: MS. JACKSON-LEE OF TEXAS ing Act (12 U.S.C. 1715z–20(d)) is amended— ing and Urban Development Act of 1968 (12 AMENDMENT NO. 14. Page 17, line 25, insert (1) in paragraph (2)— U.S.C. 1701x(d)(12)) is amended by striking (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(increased by $183,000,000)’’ after ‘‘fiscal year 1994’’ and inserting ‘‘fiscal year ‘‘$10,240,542,030’’. at the end; 1999’’. (B) by redesignating subparagraph (C) as Page 20, line 22, insert ‘‘(increased by (c) NOTIFICATION OF DELINQUENCY ON VET- $183,000,000)’’ after ‘‘$100,000,000’’. subparagraph (D); and ERANS HOME LOANS.— (C) by inserting after subparagraph (B) the Page 24, line 2, insert ‘‘(decreased by Subparagraph (C) of section 106(c)(5) of the $183,000,000)’’ after ‘‘$3,000,000,000’’. following: Housing and Urban Development Act of 1968 H.R. 4194 ‘‘(C) has received full disclosure of all costs is amended to read as follows: FFERED Y R IGGS to the mortgagor for obtaining the mort- ‘‘(C) NOTIFICATION.—Notification under O B : M . R gage, including any costs of estate planning, subparagraph (A) shall not be required with AMENDMENT NO. 15. At the end of the bill, financial advice, or other related services; respect to any loan for which the eligible insert after the last section (preceding the and’’; homeowner pays the amount overdue before short title) the following new section: ll (2) in paragraph (9)(F), by striking ‘‘and’’; the expiration of the 45-day period under SEC. . None of the funds appropriated (3) in paragraph (10), by striking the period subparagraph (B)(ii).’’. by this Act may be provided to the City of San Francisco because the City requires, as at the end and inserting ‘‘; and’’; and SEC. 1714. TRANSFER OF SURPLUS REAL PROP- (4) by adding at the end the following: ERTY FOR PROVIDING HOUSING FOR a condition for an organization to contract ‘‘(11) have been made with such restric- LOW- AND MODERATE-INCOME FAMI- with, or receive a grant from, the City, that tions as the Secretary determines to be ap- LIES. the organization provide health care benefits propriate to ensure that the mortgagor does (a) IN GENERAL.—Notwithstanding any for unmarried, domestic partners of individ- not fund any unnecessary or excessive costs other provision of law (including the Federal uals who are provided such benefits on the for obtaining the mortgage, including any Property and Administrative Services Act of basis of their employment by or other rela- costs of estate planning, financial advice, or 1949), the property known as 252 Seventh Av- tionship with the organization. other related services; such restrictions shall enue in New York County, New York is au- H.R. 4194 include a requirement that the mortgagee thorized to be conveyed in its existing condi- OFFERED BY: MRS. ROUKEMA ask the mortgagor about any fees that the tion under a public benefit discount to a non- AMENDMENT NO. 16. Page 52, after line 2, in- mortgagor has incurred in connection with profit organization that has among its pur- sert the following new section: obtaining the mortgage and a requirement poses providing housing for low-income indi- SECTION 8 CONTRACT RENEWALS FOR MODERATE that the mortgagee be responsible for ensur- viduals or families provided, that such prop- REHABILITATION PROJECTS ing that the disclosures required by sub- erty is determined by the Administrator of SEC. 210. Section 524(a)(2) of the Multifam- section (d)(2)(C) are made.’’. General Services to be surplus to the needs ily Assisted Housing Reform and Afford- (b) IMPLEMENTATION.— of the Government and provided it is deter- ability Act of 1997 (42 U.S.C. 1437f note) is (1) NOTICE.—The Secretary of Housing and mined by the Secretary of Housing and amended, in clause (iii) of the matter that Urban Development shall, by interim notice, Urban Development that such property will precedes subparagraph (A), by striking ‘‘the implement the amendments made by sub- be used by such non-profit organization to base rent’’ and all that follows through ‘‘Sec- section (a) in an expeditious manner, as de- provide housing for low- and moderate-in- retary’’ and inserting the following: ‘‘the ag- termined by the Secretary. Such notice shall come families or individuals. gregate current contract rents, adjusted by not be effective after the date of the effec- (b)(1) PUBLIC BENEFIT DISCOUNT.—The an annual operating cost adjustment factor tiveness of the final regulations issued under amount of the public benefit discount avail- established by the Secretary, not to exceed paragraph (2) of this subsection. able under this section shall be 75 percent of the aggregate published fair market rent for (2) REGULATIONS.—The Secretary shall, not the estimated fair market value of the prop- the market area for the unit mix in the later than the expiration of the 90-day period erty, except that the Secretary may discount project’’. beginning on the date of the enactment of by a greater percentage if the Secretary, in this Act, issue final regulations to imple- consultation with the Administrator, deter- H.R. 4194 ment the amendments made by subsection mines that a higher percentage is justified OFFERED BY: MR. SANFORD (a). Such regulations shall be issued only due to any benefit which will accrue to the AMENDMENT NO. 17: Page 76, line 24, strike after notice and opportunity for public com- United States from the use of such property ‘‘2,745,000,000’’ and insert ‘‘2,545,700,000.’’ July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5635 Page 90, line 18 strike ‘‘, and $70,000,000 is H.R. 4194 H.R. 4194 appropriated to the National Science Foun- OFFERED BY: MR. STOKES OFFERED BY: MR. STOKES dation, ‘Research and related activities’.’’ AMENDMENT NO. 18: Page 18, line 14, after AMENDMENT NO. 19: Page 61, line 13, strike and insert ‘‘.’’ the dollar amount, insert the following: ‘‘(re- the colon and all that follows through ‘‘ex- duced by $97,000,000)’’. penses’’ on line 20. Page 20, line 22, after the dollar amount, insert the following: ‘‘(increased by $97,000,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, JULY 15, 1998 No. 94 Senate The Senate met at 9 a.m. and was will be 3 hours for debate equally di- which states there is a possibility that called to order by the President pro vided on a Daschle amendment regard- on a live site, a web site—and I empha- tempore (Mr. THURMOND). ing marketing assistance loans. It is size ‘‘possibility’’; that is being adver- expected that some debate time will be tised—that two 18-year-olds will have PRAYER yielded back, and therefore the first sex live on the Internet on August 4. The Chaplain, Dr. Lloyd John rollcall vote of today’s session is ex- It also noted that there is consider- Ogilvie, offered the following prayer: pected to occur prior to 2 p.m. It is ex- able doubt about the validity of this Blessed God, we are inspired by Dan- pected that the Senate will work late web site and, in fact, the entire site iel Webster’s statement that the great- into the evening, with votes, in an ef- may be a hoax. For the sake of this Na- est conviction of his life was his ac- fort to complete action on the agricul- tion, I hope it is nothing but a hoax. If countability to You. We ponder that. tural appropriations bill. it is, it is neither clever nor humorous, How would we live today if our domi- As always, the Senate may also turn and if it is not, then something has to nant thought throughout the day were to the consideration of any other legis- be done, I think, to protect our chil- dren from witnessing this event. to be our accountability to You. Help lative or executive items cleared for Again, I want to emphasize, I hope us to play our lives to an audience of action. f that this is a hoax and nothing more. One, to You, dear God, seeking first But what it does is highlight the prob- and foremost to please You. We’ve dis- MORNING BUSINESS lem that exists concerning the pro- covered that real freedom comes when The PRESIDENT pro tempore. Under liferation of pornography on the Inter- we seek to glorify You and not our- the previous order, there will now be a net, some of that pornography being selves, when we are more concerned period for morning business. child pornography and some of it being about what You think of us than what Mr. MCCAIN. Mr. President, as under the kind of obscenity that the U.S. Su- others say about us, and when we are the previous order, I would like to take preme Court has stated is beyond con- guided by Your truth more than the my 5 minutes. stitutional protections. shifting opinions of others. May this be The PRESIDENT pro tempore. The Mr. President, I ask unanimous con- a day to press forward with resolute- Senator is recognized. sent that the article in this morning’s ness and resiliency. Through our Lord f USA Today be printed in the RECORD. and Savior. Amen. It is entitled ‘‘Net to break ground in The PRESIDENT pro tempore. The THANKING THE SENATOR FROM virgin territory; But many suspect site clerk will call the roll to ascertain the SOUTH CAROLINA is hoax.’’ presence of a quorum. Mr. MCCAIN. Mr. President, first of There being no objection, the article The assistant legislative clerk pro- all, I would like to extend my deep ap- was ordered to be printed in the ceeded to call the roll. preciation to the President pro tem- RECORD, as follows: Mr. MCCAIN. Mr. President, I ask pore, the Senator from South Carolina, [From USA Today, July 15, 1998] unanimous consent that the order for for coming in earlier than the usual NET TO BREAK GROUND IN VIRGIN the quorum call be rescinded. hour this morning. I am grateful to TERRITORY—BUT MANY SUSPECT SITE IS HOAX The PRESIDENT pro tempore. With- him. And I am also very pleased to (By Karen Thomas) out objection, it is so ordered. have the opportunity to be working Thought a woman giving birth on the f with the Senator from South Carolina Internet was outrageous? as we move forward on completion of Now a Web site is saying it will broadcast SCHEDULE a couple, purported to be 18-year-old virgins the very important Strom Thurmond named Mike and Diane, having sex for the Mr. MCCAIN. Mr. President, this defense authorization bill. I am eter- first time Aug. 4. morning the Senate will be in a period nally grateful to him for the many But many posting messages on the site of morning business until 9:20 a.m. Fol- kindnesses he has extended to me, now were skeptical. ‘‘This page is a money-mak- lowing morning business, the Senate for more years than he and I would like ing hoax,’’ wrote one visitor. ‘‘Mike and will recess until 11 a.m. to allow the to recount. Diane are 36-year-old porn stars.’’ Visitors also noted that the couple, pic- Senate to proceed as a body to the f House Chamber for a joint meeting to tured in bathing suits with faces obscured, looked too perfect and well-developed to be receive an address by the President of INTERNET SCHOOL FILTERING ACT average 18-year-olds. Other details sounded Romania. like a soap opera script: They haven’t told When the Senate reconvenes at 11 Mr. MCCAIN. Mr. President, in to- their parents their plans; one father is a a.m., under the previous order there day’s USA Today there is an article minister; the teens are both honor students

∑ 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 15, 1998 and ‘‘All-American’’ kids; they’re both ac- as the e-rate and other Government it is true, then I can’t tell you how dis- tive in school and church. Neither was avail- and private programs help make Inter- turbed all of us should be and will be, able to talk to reporters Tuesday. net access possible for schools and li- but it is also indicative that if even a The idea for the stunt was Diane’s, says Oscar Wells, a California Web page designer braries across the country. hoax like this, if it is a hoax, should be who says he met Diane in an on-line chat What troubles me is that schools and proposed, it shows there is a significant room during the Internet birth last month. libraries are availing themselves of problem in America today. ‘‘She thought (the birth) was educational but enormous Government subsidies to Mr. President, I hope we will do said if they showed someone making love, it make the Internet more accessible to something about it. I thank the Chair. would be considered obscene. She made the children, and at the same time they are Mrs. MURRAY addressed the Chair. offhand remark, ‘If I could, I’d lose my vir- attempting to undermine our effort to The PRESIDING OFFICER (Mr. ginity on line to make the point.’ I said, ‘If SANTORUM). The Senator from Wash- you’re serious, I can facilitate that.’ ’’ protect our children from harmful on- The ‘‘Our First Time’’ site is hosted by line material. ington. Wisconsin-based The Enchanted Web. Owner From the outset, these groups have Mrs. MURRAY. Mr. President, I come Craig Brittan says most of his customers are opposed the legislation and have ar- to the floor this morning to join my adult Web sites. gued in favor of an ‘‘acceptable use pol- colleague from Arizona, Senator Among those expressing outrage Tuesday icy.’’ MCCAIN, in urging the Senate to adopt was Sen. John McCain, R–Ariz., who called I don’t agree that would be an ade- S. 1619, the child-safe Internet bill. the announcement ‘‘disgraceful . . . gar- Since I have been here for the last 6 bage.’’ He is the sponsor of a bill that would quate means of protecting children require libraries and schools receiving fed- from the thousands of pornographic years, I have worked long and hard to eral funds to install filtering software on sites available on the World Wide Web. get computers and technology into our public computers. ‘‘This will provide the im- I believe implementing a use policy schools. I have sponsored legislation to petus to get legislation done.’’ alone would be completely ineffective. allow surplus Government computers Mr. MCCAIN. Mr. President, we are Mr. President, we must act now to to be put into schools. I have worked not talking about censorship here. I require the use of filters. We must take hard to have the e-rate established so want to emphasize, I do not support immediate steps to prevent the Inter- that many of our schools can be con- censorship in any form, and we are not net from doing more harm than good nected to the Internet. I have been out talking about that. What we are talk- by bringing such offensive materials in schools, and I know personally what ing about is legislation that would re- into our Nation’s schools and libraries. a great educational tool the technology quire schools and libraries to have Again, I submit for the RECORD mate- and Internet system is that we have some kind of filtering device on their rial off a web site called ‘‘Our First available today. computers. Children are not allowed Time,’’ which is entitled, ‘‘Tuesday, I want our students and I want our into ‘‘Adult Only’’ stores that sell and August 4, 1998, World and Internet His- teachers to have access to this infor- make available adult material. Chil- tory Will Be Made,’’ and it begins, mation. But Senator MCCAIN is abso- dren are not allowed to purchase ‘‘Come and meet Diane and Mike, two lutely correct. There is a small amount ‘‘Adult Only’’ magazines. And our soci- 18-year-old honor students.’’ of information on the Internet that ety has decided, in its collective wis- I ask unanimous consent that this should not be there to which our young dom, that we should let children be web site material be printed in the children have unfettered access. children as long as possible and not ex- RECORD. S. 1619, the child-safe Internet bill, pose them to certain activities and There being no objection, the mate- simply requires any school or library events. rial was ordered to be printed in the that uses the e-rate, uses taxpayer If individual parents want to make RECORD, as follows: money to put technology in, be re- such information available to children, OUR FIRST TIME quired to have a filtering device so that that is their choice. I do not begrudge ON TUESDAY, AUGUST 4, 1998 AT 6 P.M. PACIFIC inappropriate material is not seen by them that. But children should not be TIME, WORLD AND INTERNET HISTORY WILL BE young children. allowed to enter school or a public li- MADE! The filtering device is a local control brary and gain access to material that Come and meet Diane and Mike, two 18 device. The school district—the their parents would never allow them year old ‘‘Honor’’ students who have re- schools—will determine which filtering to see and that most in society believe cently graduated from high school, and are device and how to use it at their own is inappropriate for those who are yet looking forward to starting college in the school. The same with the libraries. fall. They are as close to being ‘‘typical All- This is an issue on which I have to be adults. It is for that reason I urge American’’ kids as you can get. Active in my colleagues to support and pass soon school and church. Well liked by family, worked long and hard. I care deeply S. 1619, the Internet School Filtering friends, and their community—but sexually, about the fact that many of our young Act. Senator HOLLINGS, the ranking they are both virgins. Their lives are going children today and, frankly, many of member of the committee, along with to change in a unique and dramatic way. our parents want to use the Internet Senators COATS and MURRAY, has They are about to leave the safety of youth, but they don’t know how to without joined me in introducing this legisla- accept the challenges of adulthood, and take getting into information or having tion. I thank them for their support. that frigthening . . . but wonderful, step their children have access to informa- A Government program known as the into adult sexuality. There’s one big tion that is simply inappropriate. difference . . . they are going to let the I talked with a seventh grade teacher e-rate provides Federal subsidies to world come along and witness their lives schools and libraries so that they can over a 18 day period as this adventure several weeks ago who turned off the receive discounted Internet access. unfolds, when they lose their virginity to- Internet in her classroom because she This legislation would require these in- gether. . . . said it is simply impossible to watch 30 stitutions benefiting from this program WHY ARE THEY DOING THIS? young students at their computers all to restrict children’s access to harmful Recently, Diane & Mike witnessed the live of the time. She did not want a situa- Internet content through the use of a birth of a child on the Internet. They then tion where a child got into a porno- filtering device on their computers. decided to make this point— graphic or inappropriate site, went These institutions would be free to ‘‘The live birth of a child on the Internet home, complained to their parent, have choose from a myriad of filtering tools was a beautiful event. We want to show that a parent come screaming back to her that are now available, and they alone the act of making love, which is the first classroom, and she would be respon- would determine what materials are in- step that brought that live birth about, is sible for that. She turned off the Inter- just as beautiful—and nothing to be ashamed appropriate for children based on local of.’’ net. community standards. The ‘‘Our First Time’’ website will open on This is going to cause concern among The Commerce Department recently July 18, 1998—and will follow the daily ad- all of our educational facilities across found that more than 100 million peo- ventures of Diane & Mike for 18 days, as they our country if teachers don’t have the ple are now using the Internet and meet the challenges of making their ‘‘state- kind of information available without Internet usage is doubling every 100 ment of love’’ on August 4. a filtering device. days. We can expect children to com- Mr. MCCAIN. Mr. President, I hope The bill is simple. It is common prise a large portion of these new users this is a hoax. I hope it is not true. If sense. It is the right way to go, and I July 15, 1998 CONGRESSIONAL RECORD — SENATE S8163 urge all of our colleagues to push to What they will find, I am afraid, is So, in sum, Mr. President, we are have this bill come to the floor and to not just more and more pornography still waiting for a response to our let- pass it. It is the right way to go. for kids to latch on to, but less and less ter. My hope is that the news about the I did oppose the CDA Act from sev- moral certainty, fewer bright lines of ‘‘our first time,’’ and the forcefulness eral years ago. I knew it was unconsti- right and wrong, the kind that are crit- of the statements we are making tutional. I knew it would be thrown ical to living in a free, decent, civil so- today, will help to focus the Internet out. We cannot afford to go through ciety. One of those bright lines we community’s attention on the serious- that kind of debate again. This is a never used to question was our respon- ness of this problem and prod them to problem that needs to be answered sibility as adults to protect our chil- produce some tangible results. In the today, and the child-safe Internet bill dren from harm, both physical and meantime, I hope our comments will does it in a commonsense, safe way. moral, which meant shielding them raise the awareness of America’s par- Most parents would not send a child to from violence and carefully setting ents about the threat that the Internet a playground in their local community sexual boundaries for them as they can pose to children and encourage unsupervised. We cannot allow our grow. them to pay closer attention to their young children to be in the Internet In recent years, our commitment to children’s online activities. unsupervised. The child-safe Internet this common value seems to have I thank the Chair, and I yield the bill is the right way to go. It is a local weakened, giving rise to a popular cul- floor. control way to make our technology ture that is replete with gunplay and Mr. McCAIN. Mr. President, I believe work for all students, and I urge all of foreplay, with violence and public dis- there is no further business before the my colleagues to be supportive of this plays and comments on all forms of Senate. I move we—— approach. I urge our leadership to sexual behavior, and it teaches chil- Mr. COATS addressed the Chair. bring it to the floor as soon as possible. dren the worst kind of lessons about The PRESIDING OFFICER. The Sen- Thank you, and I yield the floor. what is acceptable. Today, unfortu- ator from Indiana. Mr. LIEBERMAN addressed the nately, this extraordinary development Mr. COATS. Mr. President, I just Chair. in our lives, the Internet, which has so want to join my colleagues here in urg- The PRESIDING OFFICER. The Sen- enriched our lives in so many ways, has ing our leaders and urging the Senate ator from Connecticut. also become the highest tech distilla- to move forward on legislation that has Mr. LIEBERMAN. I thank the Chair. tion of this anything-goes mentality. been debated and discussed and passed Mr. President, I am proud to stand Senator MCCAIN and Senator MURRAY by the Senate that needs to be revis- and join my colleagues from Arizona have been forceful advocates for draw- ited. The Supreme Court struck down and Washington in voicing concerns ing basic lines of online decency and language I offered more than a year about the spread of pornography on the setting basic standards of online behav- ago that was passed by this body by a Internet and the general direction in ior. I applaud their leadership on this 84–16 margin, passed by the House of which the information superhighway is front. In particular, I appreciate their Representatives, and signed by the moving. President of the United States. Like my colleagues, I am very trou- efforts to promote responsible use of That legislation attempts to address bled by the story that USA Today car- the Internet at schools and libraries. I the commercial purveyors of pornog- ried this morning about a particular hope we have a chance to consider raphy over the Internet—as invasive a web site—www.ourfirsttime.com—that their legislation on the floor soon. Mr. President, in the best of all practice as anything that we have seen. is promising to broadcast a video feed It makes the corner pornography shop of two 18-year-old high school grad- worlds, which is to say what we hope pale in comparison in terms of access uates having sexual intercourse for the this online world might be, the respon- to some of the rawest, most explicit first time as it happens next month. sibility for drawing lines and setting As Senator MCCAIN indicated, it may standards really should fall to the lead- material that is available today, and it be that this site is a hoax, but it makes ers of the Internet community. makes it available to children through a statement about the Internet and the I have said over and over again in my the click of a mouse—in their room, in values in cyberspace which is all too comments about television and video their home room, in their library, real, because it shows that there are games and records, for instance, that I wherever a computer terminal is practically no stop signs on the infor- am extremely reluctant to resort to placed. It is easy access. mation superhighway. governmental restrictions on speech or In fact, it is an invasive practice that The important point here is that two any forms of expression and much pre- even the most innocent of typed-in re- teenagers could quite easily decide to fer self-regulation. Also, given the so- quests can bring a flood of material do this and invite every wired Amer- phistication of the net’s underlying that should never be accessible to chil- ican child effectively to a live sex technology, I doubt that a legally man- dren. It is even questionable whether it show, regardless of their age, which dated solution to the pornography should be accessible to adults. The first tells us that there are no recognizable problem will be as effective as we amendment puts some pretty severe re- boundaries in cyberspace, no common would want it to be in reaching our strictions on us in terms of what we standards of decency or taste, or any common goal of protecting children. can do. shared sense of accountability. Anyone It was for these reasons that I voted We carefully drafted and designed our can do just about anything, and they against the Communications Decency Internet pornography bill to address often do. Act, and it was for those reasons that first amendment concerns. For some This is no revelation to experienced I recently began working with Rep- reason, the Court chose to distinguish ‘‘netizens’’ who are well aware of the resentative RICK WHITE of Washington the Internet from other forms of com- wide array of sites concerning bomb- State to push the Internet community munication, and the very standard making, bestiality, and many other ex- to get moving on this issue. Nine days which the Court approved for telephone pressions of antisocial behavior and de- ago, we sent a letter to the major par- dial-a-porn messages was rejected for viancy. They know that the net, while ticipants in last December’s Online computer messages, saying that the offering incredible riches of informa- Summit expressing our concern about Internet is a completely different mode tion, education, and communication, the industry’s lack of action and call- of communication, not as invasive as has also managed to catch just about ing on them to collaborate on a com- the telephone. every form of depravity and antisocial prehensive plan to help parents keep I think the Court is behind the times behavior and put it on display for all their kids safe online. We made it clear in terms of understanding how the the world and our children to see. that we did not want to pursue legisla- computer works. I understand that. I Yet, for many nonwired Americans, tion but that we, along with a host of am of the generation that is not quite the extremes of online perversity may other Members of Congress from both sure even how to turn the thing on. For be news, and these citizens, particu- parties, would have no choice but to the younger generation, it is as easy larly the parents, have every right to vote for Government standards if the and accessible and as comfortable for be fearful about what is lurking around industry did not respond with an effec- them to operate as for those of us who the net’s next corner. tive solution. learned to drive a car when we were S8164 CONGRESSIONAL RECORD — SENATE July 15, 1998 young or the technology that we adapt- CONCLUSION OF MORNING ate and to, at least from a distance, ed to in our generation. BUSINESS celebrate the 90th birthday of one of Nevertheless, the Court has ruled. We The PRESIDING OFFICER. Morning the great citizens of my State of Michi- took that ruling. We modified the lan- business is closed. gan, and also one of the truly great guage to comply with the Court’s re- f citizens of America, Max Fisher. strictions. I have been attempting to Mr. Fisher is a friend of many of us bring this bill to the floor for several AGRICULTURE, RURAL DEVELOP- who have served in public office—cer- months. We have been blocked in doing MENT, FOOD AND DRUG ADMIN- tainly in Michigan, and even here at so, not because it does not enjoy a ma- ISTRATION, AND RELATED the national level—because of his long- jority of the vote but because the com- AGENCIES APPROPRIATIONS standing involvement in the political puter industry and the Internet indus- ACT, 1999 process. But he is much more than a try do not want any restraint whatso- The PRESIDING OFFICER. The Sen- political activist, he is a business lead- ever. ate will now resume consideration of S. er of great renown, having built very We are trying to protect the inno- 2159, which the clerk will report. successful companies in our State and cence of children. We are trying to give The assistant legislative clerk read around the country. He has grown parents a tool by which they can pro- as follows: those companies and employed many, tect their children. We are trying to many Americans in a variety of dif- put penalties in place which will allow A bill (S. 2159) making appropriations for Agriculture, Rural Development, Food and ferent functions. us to enforce restrictions against com- Drug Administration, and Related Agencies After establishing his business suc- mercial purveyors of pornography that programs for the fiscal year ending Septem- cess, he then turned his attention to is harmful to minors. We have revised ber 30, 1999, and for other purposes. our State of Michigan and, most par- the standard to comply with the Su- The Senate resumed consideration of ticularly, to his hometown of Detroit. preme Court dictates, and we trust the bill. There, for the last several decades, he that this new legislation will pass Pending: has been one of the community’s great Court muster. But in order to do so, it Daschle amendment No. 3146, to provide a leaders, very much involved in the de- has to pass this body first. I think we safety net for farmers and consumers regard- velopment of Detroit, the rebirth of are at the point of resolving the holds ing marketing assistance loans. Detroit after the riots in that city in and the differences of opinion on how AMENDMENT NO. 3146 the sixties. He has been very active in to proceed with this legislation. The PRESIDING OFFICER. Under the governance of southeastern Michi- Senator MCCAIN has legislation the previous order, there will now be 3 gan in a variety of ways, investing his which provides access to software hours’ debate on the Daschle amend- own time and resources in many worth- packages that are a help, but an imper- ment numbered 3146. while causes aimed at making certain fect help, in terms of dealing with the Under the previous order the Senator that the Detroit metropolitan area re- problem. I have legislation which I from Mississippi, Mr. COCHRAN, is rec- mained a strong, economically vibrant, guess would be described as a stick to ognized. compassionate community, which it is go along with the McCain carrot, the Mr. COCHRAN. Mr. President, as I today. hammer to lay down the enforcement understand it, the time is equally di- Mr. Fisher’s involvements go beyond, and put the penalties in place, put the vided. In view of the fact that this is an however, his own hometown. He be- restrictions in place. I think the two amendment offered by the Senator came active in the political process in are very necessary for us to try to get from South Dakota, I presume he or the early 1960s. He became very in- a handle on this problem. It will not some other person who supports his volved in the activities of the then fully solve the problem. Governor George Romney, and then The first line of defense has to be the amendment will come to discuss the provisions of the amendment for the through that he began an involvement family. It has to be the parents, has to with the Republican Party on a na- be their oversight of what their chil- benefit of the Senate. Until that time arrives, if I suggest tional level. His interests, however, dren have access to—not only in the the absence of a quorum, I believe time transcended his party. It clearly is an home but in the school, in the library. would run equally against the pro- interest born of a love of this country It is disappointing that schools and li- ponents and the opponents of the and of the issues we confront. As a con- braries—in particular, library associa- amendment, is that correct? sequence, he has served as an advisor tions—have opposed what we are trying The PRESIDING OFFICER. That to many who have held office, both in to do. We think we have a consensus would require unanimous consent. the U.S. Senate and in the House of now on how to move forward. I am Mr. COCHRAN. I ask unanimous con- Representatives, and even the Presi- pleased that we are closing in on that sent to that effect. dency itself. He has been a close advi- and urge our colleagues to support the The PRESIDING OFFICER. Without sor and a close friend to Presidents efforts that will take place shortly. Nixon, Ford, Reagan, and Bush, and I Thank you, Mr. President. objection, it is so ordered. Mr. COCHRAN. I suggest the absence believe also some on the other side of f of a quorum. the aisle as well. Indeed, tonight, at a RECESS The PRESIDING OFFICER. The celebration of his 90th birthday, sev- The PRESIDING OFFICER. Under clerk will call the roll. eral of our former Presidents will be in the previous order, the Senate will The assistant legislative clerk pro- attendance to demonstrate their stand in recess until 11 a.m. ceeded to call. friendship and admiration for him. Thereupon, at 9:26 a.m., the Senate Mr. ABRAHAM. Mr. President, I ask Max Fisher’s interests have gone be- recessed until 11:00; whereupon, the unanimous consent that the order for yond the shores of the United States as Senate reassembled when called to the quorum call be rescinded. well. He is a great champion of the na- order by the Presiding Officer (Mr. The PRESIDING OFFICER. Without tion of Israel. He has played a very ac- HUTCHINSON). objection, it is so ordered. tive role in the American Jewish com- The PRESIDING OFFICER. In my Mr. ABRAHAM. Mr. President, I ask munity, various organizations and capacity as a Senator from the state of unanimous consent that I be permitted foundations; and, through several of Arkansas, I suggest the absence of a to speak as in morning business for up those, he has provided a great deal of quorum. to 10 minutes. support and assistance to the develop- The clerk will call the roll. The PRESIDING OFFICER. Without ment of the nation of Israel. I know The assistant legislative clerk pro- objection, it is so ordered. that he is held in great esteem there as ceeded to call. f he is here in the United States. Mr. COCHRAN. Mr. President, I ask His interest in others transcends just unanimous consent that the order for TRIBUTE TO MAX FISHER, OF one particular cause. It basically ap- the quorum call be rescinded. MICHIGAN plies to virtually every cause I am fa- The PRESIDING OFFICER. Without Mr. ABRAHAM. Mr. President, I rise miliar with. His name is inevitably objection, it is so ordered. today to actually announce to the Sen- linked to charitable organizations, to July 15, 1998 CONGRESSIONAL RECORD — SENATE S8165 foundations, and various other commu- Mr. WELLSTONE. I thank the Chair. wheat loans. The Federal Agriculture Im- nity service entities in our State, as AMENDMENT NO. 3146 provement and Reform Act of 1996 which well as across this country, that try to Mr. President, I ask unanimous con- ‘‘capped’’ the loan rate has resulted in loan make America and Michigan better sent that a letter from Wally Sparby, rates below the five year average (dropping the high and low years). Historically local places to live and better places to raise who is the State executive director of market have followed the CCC loan rate. It families. the Minnesota Farm Service Agency be has only been in the past couple of years In any event, Mr. President, Max printed in the RECORD. that has not been true. Higher loan rates Fisher has led a great life, and he has There being no objection, the letter would influence an improved market price contributed much during that life to was ordered to be printed in the for commodities. all of us, and to his nation in particu- RECORD, as follows: We believe that in many cases these lar. So I wish to pay tribute to him on UNITED STATES DEPARTMENT OF AG- changes could mean the difference between the event of his 90th birthday and also RICULTURE, FARM SERVICE AGEN- the continuation of the family farm and liq- CY, MINNESOTA STATE OFFICE, uidation. to pay tribute to him for the many We appreciate your consideration. things he has done to advance us, St. Paul, MN, June 30, 1998. DAN GLICKMAN, Sincerely, whether it is in the political arena, the Secretary, U.S. Department of Agriculture, WALLY SPARBY, business arena, the charitable arena, or Washington, DC. State Executive Director, a variety of others. Unfortunately, be- DEAR SECRETARY GLICKMAN: Please find at- Minnesota Farm Service Agency. cause of our schedule, I will not be able tached copies of letters received from several Mr. WELLSTONE. I thank the Chair. to participate in the events this County Committees requesting that CCC Mr. President, I speak in favor of this evening that will commemorate his commodity loans be extended. The Min- amendment introduced by Senator nesota State FSA Committee is also request- HARKIN and ask unanimous consent birthday. I know that I speak for a ing your assistance and support. Minnesota number of our colleagues, who have producers are facing an economic crisis and that if I am not already, I be included friendships with Max, in sending him, conditions will continue to deteriorate with- as an original cosponsor. on all of our behalf, warm congratula- out assistance. The PRESIDING OFFICER. Without tions on this important event. Market rates have dropped drastically. The objection, it is so ordered. Mr. President, I yield the floor and last week of June 1995 producers were receiv- Mr. WELLSTONE. This amendment suggest the absence of a quorum. ing an average market price of $2.50 for corn. will lift the cap on the farmer’s mar- The PRESIDING OFFICER. Under In the last week of June 1996 corn markets keting loan rate and extend the loan were averaging $4.50 and in 1998 the corn whose time is the quorum call? price has dropped to an average $1.92 per repayment period from 9 months to 15 Mr. ABRAHAM. Mr. President, I bushel. The same is true of wheat. The last months. That sounds very impersonal, yield it on the basis of the time that week of June 1995 the average market price to lift the cap on the loan rate and ex- has been yielded under the previous was $4.50 per bushel; in 1996 the average was tend the repayment period, but I say to quorum call. $5.60 per bushel and in 1998 the price has my colleagues—and I know my col- The PRESIDING OFFICER. Is there dropped to an average of $3.25 per bushel. league from , Senator Producers have no control over market objection? DORGAN, will speak about this as well— Mr. BUMPERS addressed the Chair. prices and the Federal Agriculture Improve- ment and Reform Act of 1996 and limited the this proposal goes to the heart of what The PRESIDING OFFICER. The Sen- we must do this week if we are to re- ator from Arkansas. marketing tool provided by the CCC com- modity loan program. spond to the economic pain, and for Mr. BUMPERS. Parliamentary in- Due in part to Minnesota’s geographic lo- that matter, the personal pain, of quiry: Does the order provide for a cation, transportation can be a major prob- many farm families in our country. quorum call? lem. Elevators are indicating there will be a I will be going to another farm crisis The PRESIDING OFFICER. The shortage of transportation and storage this meeting in Granite Falls, MN, in west- unanimous consent agreement called fall. As of June 29 there were 13.4 million ern Minnesota, this Saturday. I am for the time to be counted equally bushels of wheat, 153.9 million bushels of corn, 31.3 million bushels of soybeans, and 3 hoping and praying I can come back against each side. with a report that we have been able to Mr. BUMPERS. I ask unanimous con- million bushels of barely under CCC loan. take some action that will give farmers sent, with the permission of the Sen- There are also oats, flaxeed, sunflowers and canola under CCC loan in Minnesota. Of that some hope—it is really a desperate sit- ator from Michigan, to divide the time total 191.2 million bushels and cwt. will ma- uation. of the quorum call between the two ture between July 31, 1998 and December 31, Wally Sparby, who is the director of parties, the proponents and the oppo- 1998. CCC is already taking delivery of barley the Farm Service Agency in Min- nents. and we believe other grains will follow when nesota, is predicting that on the cur- The PRESIDING OFFICER. Without loans mature. Elevators have indicated that rent course—and we have to change the objection, it is so ordered. they will be unable to take delivery of grain The clerk will call the roll. when the 1998 harvest begins. Harvest will course—we could see about 20 percent The assistant legislative clerk pro- coincide with loan maturity dates creating a of the farmers in serious trouble. That ceeded to call the roll. major storage problem. is a lot of farmers in the State of Min- Mr. WELLSTONE. Mr. President, I The CCC Commodity Loan Program is a nesota. Agriculture is very important marketing tool. Historically CCC commodity ask unanimous consent that the order to my State. From 1996 to 1997, we saw loans have provided producers with a chance about a 38-percent drop in farm in- for the quorum call be rescinded. to market their grain while obtaining cap- The PRESIDING OFFICER. Without ital at a reasonable interest rate. Prior to come. objection, it is so ordered. two years ago loans could be extended during When I talk to farmers at gatherings, Mr. WELLSTONE. I thank the Chair. periods of market downturns thus providing or when I am in cafes in Minnesota, I f producers the flexibility to store their grain think the one thing they talk about until the markets improve. Programs also more than anything else—and I imag- AGRICULTURE, RURAL DEVELOP- provided for interest forgiveness and storage ine you hear the same thing in Arkan- MENT, FOOD AND DRUG ADMIN- payments during market downturns. sas—is price. That is really the key ISTRATION, AND RELATED Extension of CCC loans will only help pro- thing—a fair price in the marketplace. ducers if storage is available, if interest does AGENCIES APPROPRIATIONS That is what farmers are asking for. ACT, 1999 not continue to accrue of the loans and if there is some type of income to sustain pro- They are saying, give us a fair shake. The Senate continued with the con- ducers until the markets improve. We are Now, unfortunately, that is not what sideration of the bill. proposing and asking for support of a farm is happening, and I believe that one of PRIVILEGE OF THE FLOOR storage facility loan program and the exten- the mistakes that was made in the 1996 Mr. WELLSTONE. Mr. President, I sion of CCC commodity loans. To provide a Freedom to Farm Act, which I called also ask unanimous consent that Dan safety net we propose that when market then the ‘‘Freedom to Fail Act’’—and I Weiner, who is an intern in my office, rates reach a certain low that producers be wish I could be proven wrong, but un- paid storage and that interest stop accruing fortunately I think the evidence which be allowed to be in the Chamber during on CCC commodity loans. A summary of our the debate on this bill. proposal is attached. is staring us in the face proves me The PRESIDING OFFICER. Without We are also asking for full support of the right—while we gave farmers the flexi- objection, it is so ordered. proposal to remove the ‘‘cap’’ on corn and bility in planting, which I am all for, S8166 CONGRESSIONAL RECORD — SENATE July 15, 1998 the problem is that the loan rate which wheat, at least for a targeted level of you and call it Freedom to Farm. What sets the floor price is set at such a low production, which would be a family a bunch of baloney. Then prices col- level. Right now, the 1996 farm bill caps farm level of production. lapsed, we have crop disease, we have the price at an extremely low level ar- But I want to make it crystal clear disaster, we have family farmers going tificially. The rate is $1.89 per bushel of that at the very minimum what we broke in record numbers, so many that corn and $2.58 for wheat. No one can have to do this week—this is very rea- we don’t have enough auctioneers to cash-flow or stay in business at these sonable; this is a 1-year emergency—is handle the sales in North Dakota, and prices. take the cap off the loan rate to begin now we are back here a couple of years Since market prices are now, in fact, to get the prices going up, extending later and folks say, ‘‘Gee, the farm bill nearly down to those levels for corn the period for the loan rate, making is working just fine.’’ It is not working and for wheat, that is exactly why we sure that there is some indemnity pay- just fine. This is not an accident. We have this crisis which we are calling an ment, some disaster relief for farmers don’t have price supports that are suf- emergency. So far in Minnesota this that have been hit by this disaster of ficient. year the average price for corn has low prices, bad weather, scab disease. I would say the amendment before been under $2 a bushel and it has been This is all targeted, all focused on a us, offered by the minority leader, is about $3.25 for wheat. In the wheat-pro- disaster in rural America, in agricul- the most modest of amendments. We ducing parts of Minnesota, those low tural America, and this for us, for ought to go, at a minimum, to $3.75 or prices have combined with the bad those of us who come from the farm $4 on a marketing loan, triggered to weather and scab disease to create States, is a matter of huge importance. the first 20,000 bushels of wheat pro- truly dire economic conditions. There is no more important amend- duced, so that you target some reason- What I want to say to colleagues, and ment that we could be speaking for able support to family farms and say, what I want to say to people in our than this amendment. with that, that family farms matter, country is that right now $2 a bushel Mr. President, I just want to speak to they have merit and worth and value in for corn and $3.25 for a bushel of wheat one argument that has been made on our society. is way below the cost of production. the floor, and that is the argument Does the Senator recall, a couple of years ago, the celebration by the cor- Farmers cannot make it—nobody can that trade is the answer. I am for porate interests in agriculture over the make it—at these prices, unless you trade. In fact, I wish we had fairer passage of that farm bill? are a huge conglomerate that can trade for agriculture. But I find it sur- prising that some so-called advocates Mr. WELLSTONE. Mr. President, in weather low prices while family-sized reply to my colleague from North Da- farms get driven out, and then you can for farmers are in a big hurry to grant fast track negotiating authority. kota, I also want to ask my colleague buy up that land. But for the Midwest to focus his attention for a moment on and for other parts of the country as My question is, For what? If we ex- port more bushels of corn, or more the original United States-Canadian well—this is not just a regional issue— trade agreement superseded by NAFTA for all of us who value the family farm bushels of wheat, at a loss, how does that do the farmer any good? I say to and ask him how well our wheat grow- structure of agriculture where the peo- my colleague from North Dakota, it is ers have fared by that agreement. ple who farm the land live there and sort of confusing to me. If, in fact, the Those who are talking fast track live in the community, this is a crisis prices are so low that the farmers in without a fair trade agreement for all to be spelled out in capital letters. our States are losing on every bushel of farmers—I want to raise a question What our farm policy used to be was about that in a moment. But let me that when the prices were good, you let corn or every bushel of wheat they produce, how does it help them to say to my colleague, the thing I find the market pay the farmers. When the produce more bushels of corn or more maddening right now—and I hope I am market wasn’t so good, you would help bushels of wheat? It makes no sense at wrong—is that, yes, obviously, if the stabilize income by holding the market all. farmers don’t have the leverage and price up. Freedom to Farm changed Mr. DORGAN. Will the Senator from they can’t get the price, it is great for that. In other words, the loan rates Minnesota yield for a question? the grain companies; they get to buy gave the farmers some leverage vis-a- Mr. WELLSTONE. I will be pleased from the farmers at record low prices. vis the huge grain companies because, to yield for a question. The problem is that I think a lot of col- if the prices were down, farmers just Mr. DORGAN. I wonder if the Sen- leagues are not willing to revisit this held on because they knew at least ator from Minnesota remembers a cou- question. In other words, we voted for they would get this loan at this price. ple of years ago this Congress—or a what was called Freedom to Farm. We But, of course, the grain companies Congress passed a new farm bill, one set the loan rate at such a low level, needed the grain so they would have to that I voted against and one he voted the prices have plummeted, and what I pay more. That set the price for the against. Do you remember, following worry about is that somehow this farmers. the passage of the new farm bill, some amendment becomes a referendum on Now, what we have done with this of the large corporate agricultural in- Freedom to Farm. It is not. cap is we have set the loan rate at such terests were celebrating? They said, For those colleagues, Democrats and a low level, the prices are plummeting, ‘‘We won.’’ The big corporate agricul- Republicans alike, who supported the people cannot make it at these prices tural interests said they won. So they Freedom to Farm bill—fine; we can and therefore they are going under. were having a big celebration. continue to agree or disagree. But for This is a matter of elementary justice. It is not surprising, then, back when right now, given the fact that prices This amendment that I speak in be- they were trying to push this kind of are way down, all we are saying in this half of lifts the cap on the loan rate. farm bill through, that those of us who amendment is, for 1 year, as an emer- That means that the loan rate would voted against this farm bill said, ‘‘You gency measure, take the cap off so we rise to $2.25 for corn and $3.22 for are pulling the safety net out from can get the loan rate up, so we can get wheat. This is still too low a price. under family farmers.’’ prices up. Combine that with indem- I see my colleague from North Da- You have minimum wages for folks nity payments and a couple of other kota in the Chamber. If we at least do who work at the bottom of the eco- measures, but in particular these two that, combined with extending the pe- nomic scale in town. What they were measures, and we can help get farm in- riod that the farmers can hold on for trying to do 2 years ago, with the farm come up and enable people to stay on another 6 months, extend the loan rate bill, is the same as saying to the mini- the land and not be driven off their period, then I think we can begin to lift mum wage earners: Let’s cut the mini- land. That is what it is all about. In the market prices. mum wage to a buck an hour and call other words, time is not neutral. We Now, I would like to raise the loan it ‘‘freedom to work.’’ It would be the are confronted with the fierce urgency rate further, and Senator DORGAN and I same thing on minimum wage: Let’s of now. may be back in the Chamber to talk cut it to a dollar an hour and call it I would say to colleagues, I am will- about this later or to take action on ‘‘freedom to work.’’ ing to debate trade policy. Personally, this later. I think it should be some- What they said to farmers was: Let’s I don’t think the United States-Cana- thing like at least $3 for corn and $4 for pull your safety net out from under dian agreement has worked well at all July 15, 1998 CONGRESSIONAL RECORD — SENATE S8167 for our wheat farmers. Nor has Agreement, when I was in the House of can close your borders to us and we NAFTA—it has been a terrible agree- Representatives and on the Ways and will open our borders to you, and we ment, a terrible agreement. You can Means Committee, was 34 to 1; 34 to 1. will call it fair, and we will call it ask the farmers about that. Guess who the ‘‘1 ’’ was. Yes, that’s me. square’’—what kind of a deal is that? But above and beyond any debate It probably says one of a couple of In this town, everybody talks about about trade policy today, above and be- things. It probably says I have no influ- free trade, never wanting to talk about yond the overall debate about the Free- ence at all with the other 34 members. the details. The fact is, every one of dom to Farm bill, let me just simply It may say that. They said to me, ‘‘You our farmers in North Dakota and every make this appeal to everybody who is are going to be the only one who votes one of the farmers in Minnesota, rep- out here. For right now, can’t we at against this. Gee, this must be a unani- resented by Senator WELLSTONE, con- least reach some common agreement mous vote. We must have your vote. front that problem every day, and it is on some emergency measures that we Everybody else in this committee is unfair. can take? The fact of the matter is, going to vote for this.’’ That grain comes flooding across our you can export more bushels of corn I said, ‘‘This is a terrible piece of leg- border, I am convinced unfairly sub- and more bushels of wheat, but if the islation for this country. You are sell- sidized, and we sent the Government price is so low it is costing the farmers ing out American farmers with this Accounting Office up to the Canadian more to produce that bushel of corn trade agreement, and you know it. And Wheat Board to audit their books and than the farmer is getting for that I wouldn’t vote for this in 100 years.’’ records, because we think they are bushel of corn or bushel of wheat, they And I didn’t. dumping illegally in this country. go further and further in debt. Let me tell you what has happened. Guess what they said? ‘‘We are sorry, At least let’s get the floor up. At We have a woman from North Dakota we have no intention of opening our least let’s get the price up. At least who marries a Canadian, and they go books and records to you; scram, get let’s get the disaster payments out back to southwestern North Dakota for out of here.’’ So here we are. there. If we do that, then we will have Thanksgiving. She decides, ‘‘I am going Prices collapsed because of unfair taken some action that will be con- to take some of that good hard red trade and, yes, Canada is a major part crete, will be real, and can make a dif- spring wheat that they produce in of that. Prices collapsed for a dozen ference. There is a lot more I would North Dakota—we produce in North other reasons. Rampant crop disease like to say about what I call the ‘‘free- Dakota, back to Canada, because I am devastates the quality of the crop, and dom to fail’’ bill. I am a critic of it. I going to crush it a little bit back there then we have farm families who for 30 think it is a terrible piece of legisla- and bake some whole wheat bread.’’ years have been turning that yard light tion. I said it then; I will say it now. It She loves to bake bread. off and on every morning as they get was great for the grain companies; it So they go back to Canada after their up to do chores, gas their tractor, go was terrible for the family farmers. It Thanksgiving break. She has a couple out and plant their seeds and hope they looked great when prices were up and of grocery bags full of hard red spring can raise a crop. And now they are transition payments were out there, wheat from North Dakota, so that told, ‘‘Well, gee, we are sorry; we have but what goes up goes down, and now when she gets back home she can bake free trade and a free market and if you we have no way of stabilizing the situa- a little bread. She gets to the Canadian can’t make it in either, tough luck.’’ tion for family farmers in this country. border and she is told, ‘‘Oh, we are The plain fact is, there is no free This amendment goes a significant sorry, you can’t take that wheat into trade and there is no free market, and way toward stabilizing the situation, Canada. You can’t take a couple of gro- anybody who thinks about the details getting the prices up, enabling our cery sacks full of wheat into Canada.’’ and the specifics knows it. We owe it to farmers to get back on their feet to be All the way to the border she meets the farmers of this country in a range able to cash-flow. Combine it with the semi-truckload after semi-truckload of areas, whether it is international disaster relief payments and we will after semi-truckload of Canadian trade or price supports or other areas have done something good. wheat coming south. to say we want to stand for the interest I hope we will have support for this Or a man with a pickup truck, and of family farmers. amendment. just kernels of wheat in the back, is Let me also say the Freedom to I yield the floor. told you must sweep out the back of Farm bill was a bill that had a couple The PRESIDING OFFICER. The Sen- the pickup truck before you can enter of propositions, one of which makes ator from North Dakota. Canada with kernels of wheat. So he eminent good sense, and I support it, Mr. DORGAN. Mr. President, I appre- sweeps the pickup truck box out. All and that is, farmers ought to be able to ciate the thoughts expressed by the the time he is sweeping, Canadian 18- choose to plant what they want to Senator from Minnesota. I want to fol- wheel semi-truckloads of wheat are plant when they want to plant it. That low on, just briefly, on the question of coming into this country. In fact, we makes sense to me, and I support that. trade. It relates to this entire issue of even had an agreement with Canada at But the other is to say we will now es- how farmers are doing, because farmers one point to provide some sort of rea- sentially withdraw price supports and are told by some: You go ahead and sonable limit, and they exceeded the tell farmers you operate in the free compete in the free marketplace. We limit last year by 25,000 semi-truck- market, despite the fact the free mar- will set you loose. Go ahead and com- loads—25,000 semi-truckloads. ket doesn’t exist. That doesn’t make pete in the free market. I went up to the border—I told my any sense. If ever an example of throw- Then farmers discover there is no colleagues this many times before— ing the baby out with the bathwater is free market. When they market up, the with Earl Jensen, and we had a 10-year- appropriate, it is here. large grain trade firms have their fists old, orange, 2-ton truck with a few We didn’t need, in order to give farm- around the neck of the body of a few bushels of wheat on it. We almost had ers planning flexibility, to decide that firms that control all that. Four firms to use our windshield wipers to wipe price supports don’t matter. Eighteen control most of the flour milling; four away the grain splattering against our years ago, the target price for wheat firms control most of the meat pack- windshield on a windy day from Cana- was $4.38 a bushel, and the loan rate ing—you name it. I have shown the list dian 18-wheelers hauling all that flood was $3.65 a bushel. In every other area, out here. In every area where farmers of Canadian grain into our country. prices have gone up for input costs; in market, there are four firms that con- Guess what? When Earl and I pulled every other area dealing with other trol the majority of the processing. up to the border, we were told, ‘‘We’re earners, minimum wages have been in- With respect to trade—the Senator sorry, you can’t get that American creased some. But the compensation from Minnesota mentioned trade— grain into Canada.’’ for farmers has been substantially di- farmers are told: You compete in the Free trade? Who negotiated that kind minished in terms of support prices. It free market system. of soft-headed, weak-kneed trade is as if to say the economic all-stars in Let me tell you just about the United agreement do we have that refuse to this country don’t matter. They work States-Canadian situation. The vote on stand up for this country’s interest, hard, they produce well, they produce the United States-Canada Free Trade that say to other countries, ‘‘Yeah, you the best quality food for the lowest S8168 CONGRESSIONAL RECORD — SENATE July 15, 1998 percent of disposable income anywhere that we adopted yesterday says, yes, esty an understated reputation, in my on the face of the Earth, and they are this Congress recognizes there is a cri- judgment. It is too modest for my told, ‘‘By the way, the value of what sis. In my State, family farmers have taste. I certainly am going to support you produce does not have worth.’’ seen a 98-percent decrease in net in- it. I certainly will support it because it I said yesterday, and I say it again, come. Name anybody living anywhere, does increase the loan rate, albeit to a because at least to me personally it is except the wealthiest among us, who level that is far too low. It does in- so perplexing and seems so Byzantine, could, at the end of a period where they crease the loan rate some. It does ex- this morning, as I speak, halfway have lost 98 percent of their income, tend the time in which a farmer can around the globe, we are told there are stand and say, ‘‘Well, I am doing just use that marketing loan to better mar- old women climbing trees in Sudan to fine.’’ Most everybody on every block ket their grain; and certainly we ought forage for leaves to eat because they in every community in every facet of to do that. are near starvation. A million, a mil- life would be flat on their back losing If we say, as a consistent philosophy, lion and a quarter people are on the 98 percent of their income, and we farmers should go to the marketplace abyss of starvation. And then halfway know that. for their price, then you must give around the globe, again, we are told It is not different for family farmers. farmers the time to access the market- those family farmers, who raise food in They are now flat on their backs facing place when the price might be better such abundant quantity and such good collapsed prices, rampant crop disease than it is just after harvest. Normally, food, that what they produce doesn’t and fundamentally unfair trade in just after harvest they truck that grain have value and doesn’t have worth. every direction, markets that are cap- to the elevator and—guess what—they The marketplace says to them— tured and cornered and collapsed by a find prices that are not very high. It whatever this marketplace is—choked few companies, a few companies that would be better for them to hold it and down on the top, choked from the bot- control those markets. wait until it is in their advantage to tom, choked on the sides by unfair It is one thing to say to farmers, ‘‘It market it. trade by monopolies from railroads, to is a free market and free trade, and The Senator from South Dakota de- grain processors, to millers, you name God bless you, and what happens.’’ scribes it as it exactly is. This does it; they are telling the farmer in this That is not, in my judgment, what this not, in any way, unravel the tenets of distorted marketplace that what you country ought to offer family farmers the current farm program. Would I like produce doesn’t have value. It costs in terms of domestic policy. to unravel it? You bet your life I you 5 bucks per bushel to produce; we (Mr. BURNS assumed the Chair.) would. I do not support it. I never did. will give you $3 for it. Want to lose $2 Mr. JOHNSON. Mr. President, may I I think it is a terrible farm program. a bushel? That is fine. Lose your herit- direct a question to the Senator from Does the planning flexibility make age, lose what your dad produced, lose North Dakota? sense? Yes, it does. I support that fully. what your grandad produced. And you Mr. DORGAN. I will be happy to re- But the notion that somehow we ought go to these meetings and you find these spond. to decide that in every other area we folks who stand up at a meeting, as Mr. JOHNSON. As I understand the will provide some basic support be- they have for me, and one sticks out in immediate amendment before the Sen- cause that area has merit and worth my mind—I have had many of them in ate having to do with marketing loans, and value, but in family farming we recent weeks—a big, burly, husky kind it strikes me, and I wonder if the Sen- will pull the support out because some- of guy with a beard and with friendly ator shares this view, that we need to how that is of lesser value to this coun- eyes who said, ‘‘You know, I have been put this in some perspective. There are try—as I said earlier, this is a lot more a farmer all my life. I love farming. My some who view this as a debate on than dollars and cents. grandad farmed. My dad farmed, and I Freedom to Farm, and certainly there That is what the farm bill debate have farmed for 23 years.’’ He got tears are those of us who have widely and missed a couple of years ago. The spe- in his eyes and his chin began to quiver varied opinions on that underlying leg- cific amendment which I intend to vote as he said, ‘‘But I have to quit. I can’t islation. But the amendment that is for but which is so incredibly modest— make it. I can’t raise grain at $5 a pending, does the Senator agree, does it really ought to be replaced by an bushel or $4.50 a bushel and sell it at not unravel or turn inside out or other- amendment that says for a certain $3.50 a bushel and my lender says I wise dispose of the Freedom to Farm amount of production, 20,000 bushels of can’t get enough money to put in the legislation? wheat, for example, we will provide a next crop.’’ The amendment, as I see it before $3.75 or $4 loan rate, marketing loan When you see people like that begin me, builds on what is already in the ex- rate—not the kind of loan where the to tear up and talk about what family isting farm bill; that is, a marketing Federal Government takes control of farming means to them, then you un- loan provision that is already there, at the grain but, in effect, it becomes a derstand this is not dollars and cents, an inadequate level, but it is there, and marketing loan where we pay the dif- this is not just some macroeconomic the amendment that is pending simply ference between what the farmer gets theory, this is something much more in gives the President of the United on the open market and what the sup- this country. States the authority in a state of emer- port price is. That is what we ought to Family farming has always meant gency for 1 year to remove the current be doing. But this amendment is cer- much more than just dollars and cents. loan caps and raise the cap on wheat tainly worth supporting because, as the Thomas Jefferson described it, as I said from $2.58 a bushel to $3.22, on corn Senator says, it does not fray, under- yesterday, as the most important en- from $1.89 to $2.25, on soybeans from mine or unravel the tenets of the cur- terprise in America. His words were $5.26 to $5.33 and extend the loan period rent farm program. more eloquent than that, but that is from 9 months to 15 months? Mr. JOHNSON. Well, may I ask the what he said. What he meant was these Would the Senator agree that this is Senator from North Dakota—I applaud people who dot the landscape in Amer- not a radical amendment? This is not his work on this amendment. I have ica, the broad-based economic owner- an amendment that somehow sweeps long supported his concept of targeted ship that comes with family farming away the previous legislation—and we assistance for family producers in this contributes immensely to our country. have different opinions about what context and various others. We have I have said before, it contributes to the ought to happen—but this amendment, discussed this over the years. But when family values of our country. Family it would seem to me, is a very modest, we expand the loan period from 9 to 15 values have always originated on fam- in fact, very narrowly crafted and a months, if the producers are required ily farms and rolled through to our very modest change in what is already to sell their product within a shorter small towns, nourishing our small existing law. Would the Senator agree window of time, does that depress the towns and our big cities. with that point on this issue? price further? And who gains by pro- There is much more here than just Mr. DORGAN. The Senator from ducers having to sell their grain within dollars and cents. I hope that as we South Dakota, Senator JOHNSON, states a shorter window of time than over a begin these discussions we can remem- it exactly as it is. I have said before, longer window of time? Who are the ber this. At least the first amendment this particular amendment gives mod- winners and who are the losers when July 15, 1998 CONGRESSIONAL RECORD — SENATE S8169 all of the farmers are required, within derful legislators. We might disagree distinguished Senator from Indiana, a relatively short window, to dispose of from time to time on some of these Mr. LUGAR. their grain at one time? Who wins and issues, but I know he has been here for The PRESIDING OFFICER. The Sen- who loses by that policy? some while. This is, as you might ator from Indiana is recognized. Mr. DORGAN. The answer to that is imagine, enormously important. Agri- Mr. LUGAR. Mr. President, I thank clear. The bigger interests win, the lit- culture drives our State’s economy. I the distinguished chairman of the sub- tler interests lose. That is why it feel very strongly about a number of committee for his insistence on my seems to me that if you follow the phi- these issues. But I certainly want the gaining recognition. I appreciated the losophy of the current farm policy, you Senator from Indiana to be able to colloquy between the distinguished have to give them the flexibility of make his statement. Senator from North Dakota and the going to the marketplace when it is in Let me finish by saying, I do not distinguished Senator from South Da- their interest. And they do not have come here trying to figure out who is kota and the earlier comments of the that capability now because most of at fault. While I have strong feelings distinguished Senator from Minnesota. them are forced to haul that to the about farm policy, when I think this I come before the Senate as a fifth- market and sell it as soon as they get current policy is not good farm policy, generation family farmer; that is, five it off the ground because they have to and I have opposed it in the past, I family generations of Lugars, from the pay back the operating loans. think everyone comes at this with good 1820s in Grant County, through the Anybody who says this isn’t about will and with their own strong feelings present farming operation we have in big versus little is just flat wrong. about what ought to be done. Marion County, have been involved in Look, if somebody wants to farm an But I do think that family farmers the business of farming. We take the entire county, they have every right to out there, are struggling these days family farming very seriously on the do that. They can farm the entire against the odds and circumstances 604 acres of corn and soybeans and tree county. They can buy 50,000 acres of where they cannot control their own stands that I am now responsible for land. They can plow as far as they can destinies at all. It is not their fault and have been for the last 42 years. The contents of farm legislation are plow in 24 hours, camp overnight, and they have been devastated by crop dis- interesting to me as a citizen of this plow back as far as they can. They ease. That is not their fault. It is not country, certainly as a member of the have a right to do that in this country. their fault that grain prices have col- Agriculture Committee, and as one But they ought to join with the good lapsed. They did not have anything to who is affected by those policies as I Lord and their banker and figure out do with that. And it is not their fault try to determine what I ought to plant, how they make ends meet. I am not that the Crop Insurance Program, that what my opportunities are as a family terribly interested if they want to try we advertised as replacing a disaster farmer in Indiana. I have been a long- to farm the whole county, how we offer program, does not work at all for some- body who suffers five straight disas- time member of the Indiana Farm Bu- price supports for them. reau, as was my father, Marvin Lugar, But the family out there farming a ters. One-third of our counties in North and my uncle, Harry Lugar, a long- family-size operation, they are turning Dakota have had a disaster every year time member of the farmer’s union in on the yardlight, they are doing for 5 straight years—every year for 5 Indiana. I have been responsive to both chores, they are taking enormous straight years. It is not their fault that groups and to others who have been in- risks—do I want to provide some type crop insurance does not work for them. volved in organizational agriculture as of continuity and help for them? Of Each succeeding year means you get we helped to fashion the last four farm course I do. It seems to me, we ought less of a base because you did not get a bills. to construct an approach that says to crop the previous year, so you still pay I come before the Senate today just those folks, ‘‘You really do matter.’’ those premiums and get less from the having addressed a meeting 2 days ago We have in North Dakota—you prob- Crop Insurance Program. of the American Farm Bureau Presi- ably have the same in South Dakota, Again, farmers ought not to be fault- dent’s Group. At least on a couple of and I assume other States—we have 53 ed for these circumstances. We ought occasions a year, the president of each counties. Ten of them are growing and to find a way to create a connection of the 50 State farm bureaus come to 43 of them are shrinking. My home here to something that does work, to Washington, along with the various county was 5,000 people; it is now 3,000 say to them, ‘‘You matter. And we persons in their organizations. During people. All that has to do with family want to do something that makes a dif- the course of that colloquy with the farmers leaving the farm. And they are ference for you. We want to do some- farm bureau presidents, I was ap- now leaving at an accelerated pace. thing that gives you the opportunity to proached by a gentleman who men- I do not know that there is a magic continue to farm.’’ If you are a good tioned he is the president of the North answer to all of this. It is just that this manager and if you are willing to take Dakota Farm Bureau. His name is Jim particular amendment is an amend- some risks, we’re willing to stand for Harmon. Jim Harmon, the president of ment that says, let us try to find a way you and with you to say, ‘Yes, here’s a the North Dakota Farm Bureau, gave to give farmers some flexibility to ac- disaster program. Here’s an indem- to me an article which he had pub- cess the marketplace when it is more nification program. Here’s a little bet- lished in the North Dakota Farm Bu- in their interest to do so rather than be ter opportunity on a loan rate. Here’s reau Journal. forced to haul their grain to market the ability to hold that grain a little I quote from his article. Mr. Harmon and sell it when perhaps the prices are longer. Here are a number of things we says: at bottom levels. want to do to try to make your life a It seems whenever things get difficult in Mr. COCHRAN. Would the distin- little easier.’ ’’ farming, we look for someone or something guished Senator yield for a question? If we do that together—and I hope we to blame. That is certainly the case with the Mr. DORGAN. Of course. will—and if we work with President financial crisis facing farmers and ranchers Mr. COCHRAN. My question is, How Clinton who some of us plan to meet in the northern plains where we have had long do you intend to hold the floor? I with this afternoon—I hope that per- continuous years of adverse growing condi- am curious—not critical at all—but cu- haps at the end of the day we will all tions, now compounded by low prices. Some rious, because I agreed to yield to the would like to assign blame to the ‘‘Freedom have decided that we have made a dif- to Farm’’ bill; and have Congress reopen it chairman of the Agriculture Commit- ference for family farmers. And, more tee time on the amendment. He has to ‘‘fix’’ the price problem. This is the wrong importantly, I hope that family farm- route to take, because ‘‘Freedom to Farm’’ is been on the floor now for almost 30 ers will decide that we have made a dif- not the problem—only the scapegoat. If the minutes. I was just curious to know ference in their lives as well. Act is reopened, I fear that farmers stand to when I might be able to yield some Mr. President, I yield the floor. lose much more than they can possibly gain. time to him. Mr. COCHRAN addressed the Chair. Mr. Harmon continues: Mr. DORGAN. I have nearly com- The PRESIDING OFFICER. The Sen- The argument is being made that we need pleted my statement. I respect the Sen- ator from Mississippi. to reinstate the old ‘‘safety net’’ program of ator from Indiana and the Senator Mr. COCHRAN. Mr. President, I yield the last 50 years. Fifty years ago, we had al- from Mississippi. They both are won- such time as he may consume to the most seven million farmers in the United S8170 CONGRESSIONAL RECORD — SENATE July 15, 1998 States. We now have two million. What kind of Agriculture estimates that the farm ures—extraordinary difficulties that of ‘‘safety net’’ lets that many producers slip bill now in force in this country is pro- were recognized by this body when through it? The only thing those programs viding payments totaling $17.180 billion emergency disaster relief aid went to guaranteed was a price ceiling on most com- over the 1996–1998 marketing years; the Dakotas and to some other States modities in most years. Stable prices at low levels with rising production costs is not the that is, the first 3 years of this new last year. prescription for profitability in farming. In farm bill. This $17.18 billion of pay- Mr. President, let me just say that the current legislation, the ‘‘safety net’’ of ments to producers is in comparison to even granted this crisis—and it is one price supports and disaster declarations (not what would have been paid under the that hopefully can be met by many always successful), was replaced by ‘‘transi- old farm bill. That would have been farmers through the crop insurance tion payments’’ to offset the impact of de- only $9.63 billion. that they have taken out, and partici- pressed prices, and the promise of meaning- In essence, the current farm bill, dur- pation in the Dakotas, where crop in- ful risk management tools to reduce the ef- ing 1996, 1997, and 1998, will have made surance is intensive, perhaps more so fects of natural disasters. For North Dakota available to producers in these transi- farmers, the promise of an improved crop in- than most any other two States—given surance program in our risk management tion payments $7.55 billion more than marketing opportunities that have tool kit still needs to be fulfilled. they would have received if we had con- been available that, hopefully, will be A recent study by researchers in the Agri- tinued the old farm bill. I think that is available again given the cyclical na- cultural Economics department at NDSU in- an important point, Mr. President, be- ture of crop prices, and certainly the dicated that about three-fourths of North cause that amount of income, $7.5 bil- changes in the weather that dictate Dakota’s 1997 decline in net farm income was lion, is out there in farm country now. from day to day very sharp changes in due to yield and quality reductions, and one- It is in the hands of family producers, fourth to low commodity prices. the futures market, we are all hopeful Blaming the current farm bill for the de- family farmers, and it is reality, as op- of trying to alleviate the crisis as per- pressed cereal grain prices is also off the posed to speculation. ceived by some States and some coun- mark. The bill authorizes $500 million for the Further, the transition payments ties that have a genuine crisis. Export Enhancement Program. Only $150 under the farm bill are made earlier in I just point out, however, to all Mem- million was appropriated, of which NONE the planting season than were the old bers that 1998 farm prices—the ones we has been used until the now famous EEU bar- deficiency payments. This has allowed ley shipments into the United States. Ade- now have either for crops that have family farms more latitude for plan- been harvested, or prospectively, for quate funding of the Market Access Pro- ning as they go into planting their gram, along with a comprehensive strategy those in the fields—are low in compari- for expanding foreign markets for our com- crops. son to the unusually high prices of 1995 Under the new farm bill, farmers modities are tools that must be developed and 1996. But they are about equal to have the flexibility as to what types of and implemented if agriculture is to succeed the 1990–94 average price levels for crops to plant and in what amounts. in the global marketplace. wheat, corn, and soybeans. I point out Farmers plant for the market rather Mr. Harmon continues: that 1995 and 1996 had some unusual than for the Government. The distin- Another area that deserves attention is the factors; namely, that the USDA guished Senator from North Dakota fact that the United States has made sanc- guessed wrong and required farmers, noted that was one portion of the new tions against countries that comprise 11 Per- such as myself, to set aside acreage cent of the world wheat market (accounting farm bill that he liked. It is a very im- and, in fact, the weather did not co- for 40 percent of the world wheat export mar- portant one. operate and we had very small crops in ket). Given American agriculture’s depend- As a family farmer, let me simply the country. Prices went up, predict- ence on export markets, trade sanctions usu- testify that for many years we planted ably. ally punish farmers more than the leadership corn because we were in the corn pro- of the country we’re mad at. I just say, Mr. President, that we are Farm Bureau strongly believes that the gram and failure to plant corn might diminish the base on which our support now in more normal planting situa- following components are necessary to en- tions in which there are not excessive sure the success of the current farm pro- payments were based. Therefore, we grams: had to follow the dictates of the Fed- stocks around the world. Farmers are planting for the market. And my point Mr. Harmon says: eral Government that often asked us to set aside 5, 10 or 15 percent of our crop- is that the prices now are roughly the Improve Federal Crop Insurance and de- 1990–94 average for wheat, corn, and velop new cost-efficient income coverage land. programs. We could have produced things that soybeans. USDA projects that farmers, Utilize to the fullest extent, all of the did not have a program, Mr. President, this year, will receive an average of be- trade tools available, including EEP, GSM but that would have diminished the tween $2.70 and $3.10 for the 1998 crop of 102 and 103 Credit Programs, MAP, and the base, so that if we wanted to return to wheat. The 1990–94 average was $3.11. Foreign Market Development (FMD) Pro- the program, we would have been out Corn prices are projected between $1.95 grams. of luck. As a result, for years, USDA and $2.35, according to the USDA, and Provided promised reforms in the areas of that is certainly much more specula- wetlands, pesticides, air and quality regula- essentially dictated the amounts of tions. corn, wheat, cotton and rice—so-called tive given the fact that we still have Expand agricultural research funding. program crops—to family farmers. some time to make that crop, as com- Other items that will complete an inte- Now, as a matter of fact, with Freedom pared to an average of $2.30 in the early grated ag package include FARRM accounts, to Farm, we are exercising that free- 1990s. income averaging, estate and capital gains dom. We are planting what the market Mr. President, anyone who has tax relief. watched the futures markets in the Changing current farm law will only open signals the market wants. We are the door to false hope for those of us who maximizing our opportunities. It is a last few weeks has seen prices reverse need real answers. Real answers can be found critical point, Mr. President, but to- direction drastically and dramatically. by using the tools available to their fullest tally impossible under the old supply December corn closed on June 23, for potential. management of the farm bills of 60- example—not long ago—at $2.67 and I believe that Mr. Harmon, the presi- some years. three-quarters, a recovery of 30 cents dent of the North Dakota Farm Bu- I note that current farm prices have from the contract lows—all in one fell reau, has made the case very well for prompted some Senators to suggest swoop. Similarly, November soybeans the current farm bill. He has also of- that the 1996 farm bill should be closed at $6.40 and three-quarters, a 70 fered some excellent suggestions. I am changed to alleviate what they per- cent recovery from contract lows ear- hopeful that, as Senators meet with ceive to be a farm crisis. Mr. President, lier in the season. the President today, the President will we have had a lot of testimony before Today’s low prices are not caused by subscribe to many of the suggestions the Agriculture Committee and, in- the farm bill. They reflect large world that Mr. Harmon has made. deed, we have heard farmers from the grain supplies, a direct result of the Let me simply add, as that conversa- Dakotas and from the Chair’s own high prices of 1995 and 1996, distorted tion with the President commences, State of Montana, and from northern somewhat by USDA set-asides. But that it would be helpful to have in Minnesota, testify about terrible they reflect something much more, Mr. front of the President U.S. Department weather problems, multiple crop fail- President, and that is a profound crisis July 15, 1998 CONGRESSIONAL RECORD — SENATE S8171 in the economies of many Asian na- pen. That is why proposals to raise keting loan would be $1.89 a bushel. tions. If it were not for the Asian cri- loan rates or extend the time for loans Given this 5-year averaging, again with sis, this Nation would be well on the are doubly objectionable. the high and low out, that goes up to road to setting another all-time record Not only do they put a further strain $2.17. It is conceivable that given a for the dollar value of farm exports. on the Federal budget, but they put the bumper crop of 9.5 billion bushels that USDA’s current projection of $56 bil- Government back in the business of corn could dip below $2.17, and, if so, a lion in 1998 exports is about $4 billion substituting its judgment about crop good bit of corn would come under this less than the record—$60 billion—in decisions for the market’s judgment, procedure. 1996. If Asian demand simply matched and for that matter, about marketing Soybeans are at $5.26, the marketing last year’s level, with no growth, we the stores of grain the Government ac- loan rate. Under the farm bill, that would have matched and exceeded the cumulates. The projected crop prices would be $5.54 given the 5-year calcula- $60 billion figure. USDA forecasts that for the 1998 marketing year are much tion if you removed the cap. It is hard our exports to non-Asian countries will lower than I would like to see, particu- to tell precisely what the situation actually be 8 percent greater than in larly when compared to the high prices would be for beans, but maybe a simi- the record-setting year of 1996. of 1995 and 1996. lar one to corn. The farm bill is a source of help and Mr. President, there are a number of In any event, you can predict that not harm for farm income. From 1996 steps that we will need to take in the stock accumulations would be inevi- to 1998, as we pointed out, the pay- Agriculture Committee and on this table. These would lead, I suspect, to ments have been $17.18 billion, $7.5 bil- floor to assist farmers to obtain higher calls from the floor for supply control lion more than the old farm bill. I just prices. I want to discuss some of those for USDA to step in and try to prevent simply say that this money continues later in the day. But for the moment a further accumulation of a glut of throughout the duration of the current on the current amendment, just for the grain that is depressing prices in this farm bill. The payments are well benefit of Senators, the amendment country, and depressing farmers as known to farmers. So in terms of for- deals with removing the 1996 farm bill they see those prices going down. Mr. ward planning of their operations, they ceiling on loan rates. And it would President, this is not even a good quick understand the money in the bank that mean that the USDA would be free to fix. It is a prescription for enormous is provided by the current farm bill. raise the 1998 crop loan rate to 85 per- difficulty. Let me just say that one of the ways cent of the past 5-year market price av- Mr. President, the amendment before in which many northern plains farmers erage excluding the high and the low us, as I understand, has been tailored who have been especially afflicted by years. The amendment would remove in various ways so that, although the very bad weather, and sometimes by loan rate caps for marketing assistance Congressional Budget Office has not wheat scab disease—a number of the loans for wheat, for feed grains, for cot- yet scored the amendment, it is clear northern plains farmers have adapted ton, and rice measured in fiscal year that it would cost at least $1.6 billion, to these wheat problems, and scab and 1999 effectively uncapping the loan with approximately $400 million of that rates for the 1998 crops. other disease problems, by changing cost due to extending the term in the Finally, the amendment would per- the crops that they plant—oilseed acre- marketing loan by 6 months, and the mit the Secretary of Agriculture to ex- age, for example, in North Dakota. And tend the term in the marketing assist- remaining $1.2 billion due to uncapping other States have expanded dramati- ance loans from the current 9 months the loan rates, cally at the expense of wheat acres. Mr. President, I point out that in the to 15 months. Such wholesale shifts could not have I state all of this, Mr. President, be- action taken in this body the other day occurred under the old farm policy. cause I am not certain in the debate to make possible the tender offer by The disincentives to change crops were thus far that it has been clear exactly Pakistan, if it comes, for 37 million simply too great. Freedom to Farm is a what uncapping the loan rates means. bushels of U.S. wheat, the Congres- package deal. Its aim is to leave plant- It means, as I have stated, taking the sional Budget Office finally scored ing decisions in the hands of the farm- last 5 years in these program crops, ex- that, as I recall, at about $35 million in ers and not the Government. And to cluding the top and the bottom years, costs. And a huge scramble occurred to achieve this goal, the FAIR Act pro- and, therefore, the average of the re- try to find where $35 million is, even to vides full planting flexibility, bans pro- maining three. And this results, for the meet that emergency action. They duction controls, and decouples income benefit of Senators who are wondering found it. That is why the legislation fi- support payments. about the amounts of money involved, nally made it through both Houses to Another element in the farm bill is that the current loan ceiling for wheat be signed by the President. the relatively low loan rates, and that under the current farm bill is $2.58 a But we are talking now about $1.6 is the subject of the amendment before bushel. The calculation of the 85 per- billion in this amendment. The quick us. The purpose of the loan rates in the cent of the 5-year average, excluding fix of this situation is to say, ‘‘Well, it farm bill now is the same as the act’s high and low prices, would raise that is an emergency outside the budget.’’ other features: to make certain that loan rate to $3.16. Unless somebody declared that today price supports are a short-term mar- Mr. President, I make the point with regard to each of the same things keting tool and not an alternative mar- about wheat because I have already that we are discussing, I see no major- ket. Loan rates should not be set high suggested that the average price of ity support in this body for a declara- enough to influence farmers’ planting wheat calculated by USDA is now esti- tion of emergency of this character. I decisions, and they should not tie up mated after a pretty good harvest at see no prospect in the other body for grain in storage for such a long period between $2.70 and $3.10 for the year. that to occur. The money simply would of time that market signals are dis- Thus, we would be creating a loan rate have to come, if it is to be appropriated torted. higher than the likely average price for in this way, from other agriculture To state it another way, Mr. Presi- wheat marketed this year. It is logical programs. And the scramble will begin dent, I have been asked by Senators, in that event that very large amounts as to who will pay the piper. This is a ‘‘Why is it a bad thing for marketing of that crop are going to go under the zero sum game. loans to bring grain into the hands of marketing loan. If, in fact, to take a Mr. President, I add, finally, I started the Federal Government?’’ The basic practical example, a wheat farmer has my talk by mentioning my visit with reason is that grain doesn’t disappear some prospects for the average price of the state presidents of the American on its own accord. It is there; it is a $3.10, or lower than that, he or she Farm Bureau. The American Farm Bu- drag on the supply side. It means ev- might decide to use the marketing loan reau and the 50 presidents who were erybody taking a look at futures mar- to get the $3.16, and let the Federal there are not calling for this amend- kets knows it is still there. It has to be Government worry about what is going ment. As a matter of fact, they do not sold at some point. It depresses price. to happen generally with the supply of believe the amendment is good policy, It depresses income. It is not a quick wheat in this situation. nor do I. fix; it is not a good fix. Under the cur- For corn, the situation is not quite so Let me just suggest that there are rent farm bill, it is not meant to hap- generous. The current farm bill mar- things for which farm organizations S8172 CONGRESSIONAL RECORD — SENATE July 15, 1998 are calling. The distinguished occupant fering as an amendment a sanction re- ers taking trade groups and personally of the Chair organized an important form bill that deals prospectively; that visiting countries have done a remark- meeting of a good number of producer is, just with the future, but at least able job. We have to help that substan- groups not long ago. During the course sets in motion criteria for the adminis- tially, and we can. The policies I have of that meeting a number of sugges- tration and for Congress in considering talked about today are fully within our tions were made that are important unilateral economic sanctions and esti- purview in the Senate to debate and to policy changes. Among those were re- mates as to their cost and a sunsetting discuss and to enact. authorization of the Presidential fast- provision that we can get rid of them Let me just mention that those of us track trading authority. If there is a after they have achieved what they on this side of the aisle know that single item, Mr. President, that is im- were supposed to do. It is a modest there are no quick fixes, but we do portant to higher income on the farm, amendment, but it is an important know that action is important as well it is that one, because in order to have amendment in the sense of giving hope as rhetoric. Less than an hour after the an extension of our exports, an exten- to farmers in America. Do we care Senate approved the sense-of-the-Sen- sion of our sales and our marketing, about them enough to be thinking how ate amendment offered by the distin- the President must have fast-track au- the sale is going to be made, how mar- guished Democratic leader last thority. No other country will deal keting can occur with this most vital evening, we gave final congressional with it. It is quite apart from the of humanitarian commodities, food approval to the broad exemption of ag- ricultural products from India and World Trade Organization, which is supply. about to have an important meeting in Fourth, farm groups have called for Pakistan sanctions under the Glenn 1999. At that meeting we are all en- establishment of normal trade rela- amendment. The Senate’s action should allow U.S. wheat to compete in couraging Ms. Barshefsky, our Trade tions with China. They have called for today’s Pakistani tender for 350,000 Representative, or anybody else who stronger oversight on biotechnology in metric tons of exports. might represent us, including the Sec- negotiations with the Common Market retary of Agriculture, to make certain Yesterday, I joined nine other Sen- and with others so that we are not de- that agriculture is at the top of the ators from farm States in calling for nied the remarkable breakthroughs in priorities. Normally agriculture is at action this session on the distinguished our own science. They have asked for the bottom of the priorities. And that Senator from Iowa, Mr. GRASSLEY’s full funding of the agricultural re- will take some pushing and shoving, Farm and Ranch Risk Management search bill, and hopefully we will pass because a good number of other inter- Act, which gives farmers important that as a part of this overall ag appro- est groups in our country will say, ‘‘We new tools to manage the variability of priations legislation. don’t want to hold up a deal with other farm income. I am hopeful that will be Earlier, of course, the farm groups countries due to their antagonism to enacted in this session. were instrumental in helping us all to agriculture.’’ The most protected of all Also, yesterday nine of us from farm come to passage of the agricultural re- areas is still in agricultural trade. States wrote the Secretary of Agri- So we have to have fast-track au- search bill itself. culture, Mr. Glickman, in support of And 5 years of crop insurance provi- thority. We ought to be debating that actions which he can take now without sions, which we now see were so criti- if we are talking about agricultural in- legislation to increase exports of hu- come, and hopefully we will be debat- cally important given the precarious manitarian food assistance. The CCC ing that very soon on this floor. nature of agricultural income due to Charter Act provides authority for a Second, we must have International weather and other events in so many wide range of Secretarial action, and Monetary Fund reform. I start by ‘‘re- parts of the country. our letter lays out how a new initiative form,’’ because I appreciate the com- I would point out that act alone, the could use existing funds to expand ments that have been made in various Ag Research Act, and the crop insur- overseas concessional sales of wheat, meetings of our committees about how ance provisions for 5 years were tre- vegetable oil, feedgrains and other IMF operates. But we are also going to mendously important in making a dif- commodities. have to have refunding and replenish- ference for agricultural income now as I ask unanimous consent that both of ment for the IMF. The cupboard is al- well as for the foreseeable future in our the letters enunciating these policies most bare. The possibilities are that country. be printed in the RECORD. There being no objection, the letters the nations of the world—we contrib- The farm groups are calling for es- were ordered to be printed in the ute about 18 percent of that money, tate tax reform. Of anything that has RECORD, as follows: and it is good to have at least 82 per- come before our committee, that has cent contributed by others. The na- had greater unanimity in terms of farm U.S. SENATE, COMMITTEE ON AGRI- tions of the world may, indeed, come to families, and these are the same family CULTURE, NUTRITION, AND FOR- farms bandied about in the conversa- ESTRY, the rescue of other nations very Washington, DC, July 14, 1998. promptly. Commodity prices are down tion all the time. They are saying, if we are going to have a family farm, we Hon. DAN GLICKMAN, worldwide. We are discussing today the Secretary of Agriculture, Department of Agri- problem of agricultural prices in the are really going to have to have estate culture, Washington, DC. world. But, if we were in another coun- tax reform and reduction and pref- DEAR MR. SECRETARY: We have reviewed try at another time, we would be dis- erably abolition. Hopefully, that will your July 7 letter to the Vice President, cussing the implications of low oil come before the body. transmitting a draft bill to permit unobli- gated funds of the Export Enhancement Pro- prices, or low copper prices, or the fact These are elements of a successful farm policy. We are finally going to gram to be utilized for food aid. We share that a certain deflationary trend seems your goals of enhancing U.S. producers’ in- to have come over primary foods and have to come down to the point of dis- comes through higher exports and augment- materials throughout the world affect- cussing the difference between selling ing our nation’s ability to meet humani- ing the economies. Enormous flexibil- the crop and storing the crop, and tarian needs throughout the world. ity and safety net situations are going there is a big difference. What I and Without prejudice to your legislative pro- to be required. many others are advocating is that we posal, we believe it may also be possible for Third, the agricultural groups almost sell, that we market, that we move the you to take administrative actions, consist- crop. A third of all that we do in agri- ent with existing statutes, which will unanimously have talked about eco- achieve many of the same purposes more ex- nomic sanctions reform with a special cultural America has to move; a tough peditiously. We would like to share our re- emphasis on unilateral sanctions, the job in the face of the Asian demands flections on this matter for your consider- ones that we impose all by ourselves, falling off precipitously but not impos- ation. and that we have imposed 61 times in sible. The Commodity Credit Corporation Char- the last 5 years and that have affected As I have pointed out, we are export- ter Act grants relatively broad powers to the maybe $20 billion of American income ing to non-Asian countries 8 percent Secretary to achieve stated purposes. These more now than we were doing in the powers are not unlimited, but they do afford and several hundred thousand Amer- you considerable latitude of action. ican jobs. 1996 record export year, and that did In particular, Section 5 of the Charter Act Later in this debate on the agri- not happen by chance. It happened be- instructs you to use the CCC’s general pow- culture appropriations bill, I will be of- cause agricultural marketers and farm- ers for eight stated purposes. Among these July 15, 1998 CONGRESSIONAL RECORD — SENATE S8173 are to ‘‘[p]rocure agricultural commodities U.S. SENATE, COMMITTEE ON AGRI- seeing passage of sanctions reform leg- for sale to . . . foreign governments, and do- CULTURE, NUTRITION, AND FOR- islation. mestic, foreign, or international relief . . . ESTRY, We are determined to create addi- Washington, DC, July 13, 1998. agencies . . .’’ Another priority is to tional demand for American farm prod- ‘‘[e]xport or cause to be exported, or aid in Hon. TRENT LOTT, Majority Leader, ucts and thus higher prices and hope- the development of foreign markets for, agri- fully higher income. We are working cultural commodities . . .’’ U.S. Senate, Washington, DC. DEAR MR. LEADER: We write to share our with farm groups all over the country The Charter Act’s history suggests that thoughts about one important way Congress for implementation of those portions of these purposes may be achieved through pro- can safeguard the future of our nation’s fam- the farm bill which have led to the low- grams and procedures that are similar to ily farms. ering of costs, so that the bottom line those which exist or have existed under The FAIR Act is providing income support in terms of net income for farm fami- other statutes. Thus, in the mid-1980s the to agricultural producers. Because of its sys- lies might be more positive. EEP was operated for a time under Charter tem of direct transition payments, farmers Act authority after the statute which then in 1996–98 will have received $7.6 billion more I share the general feeling in this de- authorized EEP had lapsed. in federal assistance then would have been bate that these are stressful times for the case under an extension of prior law. We millions of people in farm country. We We believe a fair reading of the Charter will join you in resisting any changes to the have to address that up front and so- Act permits you to establish a program FAIR Act’s basic provisions. which would operate in the following man- berly. In these comments this morning, To prosper, however, the agricultural in- Mr. President, I have tried to illustrate ner. During a specified period (perhaps the dustry requires sound macroeconomic, fiscal last fiscal quarter as proposed in your draft and trade policies. In our recent meeting that I believe the general outline of the bill), the Secretary could determine that all with national farm leaders, all of us heard farm bill has led to more income, more or part of funds authorized for EEP during these producers advocate fast-track trade cash in these 3 years for farmers, and that fiscal year would not be used. In this authority, the reform of economic sanctions will in the next 4; that we have great situation, the Secretary could authorize the and other forward-looking initiatives. We possibilities, given Freedom to Farm, use of CCC funds in an amount equal to the thank you for your leadership in these and to do things on our farms that are most unused portion of EEP authority. The CCC other areas. profitable guided by market signals. funds would be utilized in a newly created The farm leaders also praised S. 2078, the And finally, we have our work cut out Food Assistance and Market Development Farm and Ranch Risk Management Act, which Senator Grassley introduced and all for us in the Senate in dealing with the (FAMD), program. the undersigned Senators support. The strengthening of our foreign trade posi- The FAMD would be established under FARRM Act will allow producers to save a tion and the demand that we must Charter Act authority to export agricultural portion of their farm income on a tax-fa- have. commodities. CCC would purchase commod- vored basis in an effort to smooth out vola- Not long ago, I heard a lecture using ities at prevailing market prices for tile income streams and minimize the risks this same general idea, that a third of concessional sales to foreign buyers, whether involved in farming. If farmers and ranchers our sales now go abroad—a third ex- had been able to avail themselves of such public or private. The FAMD’s terms and ported of our farm commodities and conditions would be similar but not identical FARRM accounts in recent years, the impact of this year’s lower commodity prices would farm animals. The suggestion was, as a to those for Title I of P.L. 480. Notably we matter of fact, that already a third of would suggest that priority FAMD be given have been significantly mitigated. Under S. 2078, eligible producers may take the world trade that we were doing was to market experiencing a temporary need for a deduction of up to 20 percent of taxable net food aid because of macroeconomic or other with Asia. We had hoped for more ex- farm income for FARRM account use. Inter- pansion, and that seemed on the hori- problems, but likely to resume commercial est income earned from the account will be purchases in future. Other priorities under zon, given the rise in Asian incomes distributed (and taxable) annually. With- prior to this year. the new program might be markets which drawals of principal from the FARRM ac- have recently made political or economic re- count will be taxed as ordinary income in Most of that third of the Asian trade forms, as well as countries with which the the year the withdrawals occur. Money can- is gone temporarily. We may have U.S. has recently resumed diplomatic rela- not remain in a FARRM account more than some success with this sale in Paki- tions. It might be that repayment terms and five years. stan, and I hope that we will. Cer- grace periods would also differ from those Thus, the FARRM account is not a retire- tainly, we are active as a Nation in under Title I, although all terms and condi- ment plan but a risk-management tool. Rev- South Korea, and there are some possi- tions would need to be consistent with inter- enues in farming and ranching are notori- bilities for sales there. The Indonesian national norms for bona fide food aid. We in- ously volatile. We need only look at the wide market for the time being is dev- tend these parameters to be descriptive rath- swings in commodity prices between 1996 and the present to see that farmers need a range astated, and likewise not too much er than prescriptive, and acknowledge that from Thailand, from Malaysia, and you will want to tap the expertise of market of ways to manage variable prices. The FARRM Act will let producers set pre-tax from other countries that have been af- development professionals in both USDA and money aside during good years and then use flicted. the private sector in developing any new pro- it during years of financial stress. The re- gram. If you take away a third of the third sponsibility to manage the account will rest of income that already was exported, We do note, though, that there is ample with the producer, who is best able to assess that amounts to about one-ninth the need for the American products which would his or her individual financial situation in a demand for all that we do. It is no won- be exported under this program. Title I fund- given year. ing has declined by roughly half in recent S. 2078 is a bold and innovative proposal. der that prices have fallen, but it years. In correspondence which we earlier We seek your assistance in securing fair con- should be a wonder if we do not act to shared with you, U.S. producer groups iden- sideration for this important legislation, and market, to sell, to move this grain and tified potential non-emergency food assist- hope that if the Senate acts on major tax this livestock by originating new poli- legislation this year, S. 2078 will be included ance needs of about $150 million for wheat cies that make a difference in world in any such bill. alone. Additional opportunities to assist de- trade, where our bread and butter will Thank you for your consideration. veloping countries and lay the groundwork come in agricultural America. Sincerely, for commercial relationships exist for vege- Chuck Grassley, Dick Lugar, Larry E. For these reasons, I hope Senators table oils, protein meals, feed grains, meats Craig, Thad Cochran, Pat Roberts, will reject the amendment before us and other commodities. Paul Coverdell, Phil Gramm, Dirk dealing with the marketing loan fix. In In our judgment, you possess the authority Kempthorne, Chuck Hagel, Kit Bond. my judgment, it will be expensive, with to implement the program we have de- Mr. LUGAR. Mr. President, Repub- money we do not have, it will depress scribed. We will be happy to discuss further licans will continue to press for prompt prices rather than lead to an increase, with you or officials of your Department the action on appropriate legislative vehi- and it will give the impression that potential for moving quickly to assist needy cles. We will join our House colleagues this is in any way even a partial solu- populations and enhance U.S. farm exports. on both sides of the aisle in asking for tion when, in my judgment, it will be a Sincerely, strong step backwards. Dick Lugar, Pat Roberts, Larry E. Craig, a vote this year on fast-track author- Rick Santorum, Chuck Grassley, Mitch ity, and we want to proceed with all I thank the Chair. McConnell, Thad Cochran, Paul Cover- Senators to move ahead on IMF replen- The PRESIDING OFFICER. The Sen- dell, Jesse Helms. ishment and reform. We are hopeful of ator from Mississippi. S8174 CONGRESSIONAL RECORD — SENATE July 15, 1998 Mr. COCHRAN. Mr. President, I am ly between the proponents and oppo- on that crop to pay the bills, and then delighted the chairman of the Agri- nents of the amendment. be able to market that crop when the culture Committee, the distinguished The PRESIDING OFFICER. Without farmer feels it is most advantageous Senator from Indiana, has had an op- objection, it is so ordered. The clerk over the next 15 months. That is called portunity to make the case against will call the roll. flexibility, Mr. President, flexibility— this amendment offered by the Demo- The legislative clerk proceeded to to give the farmer some flexibility in cratic leader, by Senator HARKIN, and call the roll. marketing. by others. It is just as clear to me as Mr. HARKIN. Mr. President, I ask What I am hearing from the other anything can be that the weight of the unanimous consent that the order for side now is, ‘‘No, we don’t want to give evidence is against the passage of this the quorum call be rescinded. that farmer flexibility. We want to give amendment by the Senate. The PRESIDING OFFICER. Without the farmer flexibility in what to plant. One other point that I do not think objection, it is so ordered. But when it comes time to market, he has been made enough is that the pur- Mr. HARKIN. Mr. President, how is at the whims of the marketplace, of pose of this legislation we are dealing much time does this side have remain- weather, of other countries and what with today is to appropriate money to ing? they do, over which we have no con- fund the Department of Agriculture The PRESIDING OFFICER. The Sen- trol.’’ That farmer is at the whims of programs, the FDA, and CFTC as well. ator has 44 minutes 55 seconds. the disastrous Asian economy. We can- We are not here to really pass judg- Mr. HARKIN. I yield myself 20 min- not even give that farmer a little bit of ment on the legislative authority for utes, to begin with. support to give him the flexibility to the Department’s expenditure of The PRESIDING OFFICER. The Sen- market over 15 months? What non- money. This amendment, offered by ator is recognized for 20 minutes. sense. What utter, absolute nonsense. the Democratic leader, purports to and Mr. HARKIN. I listened, of course Thousands of farm families are fac- intends to rewrite legislative language with great interest and intent, to the ing severe economic hardships. They that was approved by the Congress in comments by the distinguished chair- are in danger of losing their livelihood, the 1996 farm bill and was signed by the man of the Agriculture Committee, my their life savings. Just yesterday, the President and implemented through good friend from Indiana. I am privi- Senate went on record with a sense-of- regulations and administrative actions leged to serve as his ranking member the-Senate resolution saying there is a by this administration. on the Agriculture Committee. great economic crisis in agriculture Our committee has the responsibility I think, first of all I will just respond and calling for immediate action by of determining how much money is to that and also to the statement made Congress: 99 to nothing. Nice words on needed to carry out that farm bill and by the chairman of the Agriculture Ap- paper. But now, here is the first vote to what authorities we have in law to propriations Subcommittee about, ‘‘My implement that sense-of-the-Senate spend the funds that have been allo- gosh, we passed the farm bill in 1996. resolution that we passed yesterday. cated to our subcommittee under the Here we are, do we want to rewrite We are for the first time trying to budget. So our responsibilities are real- it?’’—and all that kind of stuff—‘‘We raise the caps on the loan rates to give ly limited by law. If we decided to start should not open it again right now. It’s the farmer the flexibility to market, rewriting provisions of the farm bill of the third year we are in it.’’ and now we can’t even give them that 1996, that would be a never-ending or- The 1996 farm bill is not the Ten much. We can’t even do this modest deal for the Senate to put itself Commandments. It was not written in step. What did that sense-of-the-Senate through. For that reason, the Senate stone for all time. We have a crisis im- resolution mean? ought to reject this first amendment pending on us in agriculture. The bot- Mr. President, I offered that sense-of- that seeks to start that process. This is tom is falling out. Prices are going the-Senate resolution along with Sen- the first amendment offered to this bill down every day. Are we so stuck in our ator DASCHLE. It passed 99 to 0. I am that seeks to rewrite legislative au- ways here, are we so wedded to some wondering, if we can’t even do this thority of the Department of Agri- ideology imprinted in the 1996 farm modest little step to help our farmers culture to administer a farm program. bill, that we cannot respond? out, maybe we ought to recall that If we start down this road this morning ‘‘Oh, I am sorry. We see you are los- amendment. Maybe we ought to have on this amendment, it may never end. ing your farms. We see the prices going another vote on it and this time vote it Think about this. When we were down. But, I am sorry, we passed a bill down. Why give all this flowery sup- writing the farm bill of 1996, we had the here 3 years ago and we cannot touch port that we are going to help agri- best information, advice, and counsel it.’’ culture? There is a problem out there from experts on agriculture programs Again, we are not really opening up and on the first vote, ‘‘I am sorry, the at our hearings in the Committee on the farm bill. We are simply making farm bill is written in stone; we can’t Agriculture. The House went through one minor change. Loan rates were touch it.’’ the same exercise. The administration capped in the 1996 farm bill—capped, What we are proposing is a quite was actively involved. There was give frozen; they are still there. We are not modest and reasonable response to try and take. There was compromise. But, introducing something new into agri- to prevent the farm situation from be- in the end, we developed a consensus of cultural legislation. It is simply that a coming any worse and to help turn it what ought to be done to put our coun- decision was made to cap them. around. Quite frankly, I am a little em- try on a firm footing of legal authority That is OK. That was OK for the last barrassed at the modesty of our pro- for programs that would support agri- couple of years, because grain prices posal, but we thought in order to mini- culture. So the end product was the have been relatively high. But now mize any opposition, we would keep it 1996 farm bill. If we start trying to when the bottom is falling out of the limited. We are not proposing any radi- undo it and rewrite it piecemeal, sec- market for a variety of reasons, now is cal changes in farm policy. We are not tion by section, we are going to have the time when farmers need a little bit opening the floodgates of the Treasury. the biggest mess on our hands you of assistance. What kind of assistance? We have been very careful in that re- could ever dream of. They need flexibility. spect. So the Senate ought today to vote We hear a lot about that word, ‘‘flexi- I must confess, if we cannot manage for the motion to table, which I will bility.’’ In the 1996 farm bill, it did give to adopt even this modest amendment make in due course, when time has ex- farmers flexibility in planting deci- today, it will speak volumes about the pired or when all time is yielded back sions. That was a good part of the 1996 willingness of this body to respond to on this amendment. I hope the Senate farm bill, a concept that was supported the dire situation in rural America will reject this amendment. by everyone. But how about flexibility that we just recognized yesterday in a The PRESIDING OFFICER. Who for the farmer to be able to decide how sense-of-the-Senate resolution. seeks time? to market their crops? That is what we I underscore that the rural economic Mr. COCHRAN. Mr. President, I sug- are trying to do by raising the caps on crisis is not the fault of America’s gest the absence of a quorum and sug- the loan rates—to give the farmer the farmers. We have a world situation gest the time should be charged equal- ability to harvest the crop, get a loan where large supplies of commodities July 15, 1998 CONGRESSIONAL RECORD — SENATE S8175 have combined with weakened demand, to climb out of it. Now that we are get- If you are a farmer, and you are mak- with a terribly depressed Southeast ting out of it, farmers are hit once ing planting decisions based upon the Asian economy that has driven com- more. loan rate, then what my friend from In- modity prices lower. In the last 2 We are going to have a huge farm diana is saying is that the farmer is years, farm level prices for corn, wheat debt again this year. We are going to going to plant more corn to get a loan and soybeans have declined 39 percent. have another wave of farm foreclosures rate that is lower than his cost of pro- Cattle prices are 20 percent below the and farm losses. Families are losing duction. It reminds me of the old joke, level earlier this decade. Hog prices for the equity they have built up in their the old saw we always hear around my the first half of 1998, are the lowest farms. Those who survived the 1980s State about farmers. Someone asked seen in 20 years. On top of that, numer- and thought they had it made because the corn farmer how he expected prices ous regions have experienced bad they weathered the worst financial cri- to be? He said, ‘‘Well, I hope to at least weather and crop diseases that have sis in agriculture since the 1930s are on break even because I need the money.’’ devastated our farmers. the edge and they are getting pushed According to the Senator from Indi- As of yesterday, a farmer would re- off. ana, raising the loan rate to $2.19 would ceive a price of $2.50 a bushel for wheat Farm families and communities are somehow encourage a corn farmer to at a country elevator in Dodge City, facing an emergency, and we in the plant corn. Nonsense. That is way KS. At that price, the average Kansas Senate must act, as we have tradition- below the cost of production and no farmer with about 350 acres of wheat in ally done when emergencies strike. farmer would ever do that. They are the ground right now will suffer a loss It is important that all Senators un- going to plant based upon what they of more than $40,000 over his cost of derstand what our amendment does. It think they can get in the market next production. And we are telling that focuses on the level of the loan that a year. farmer we can’t do anything to help farmer can take out on farm commod- So those are two things. First of all, him? ities after harvest using the crop as our raising the caps only apply to this With the average corn market price collateral. This loan allows the farmer upcoming fiscal year; secondly, there is announced by USDA on July 10, the to pay the bills, as I said, and retain no way that this modest raising of loan typical Iowa corn farmer will be losing the crop for up to 15 months so they rates will in any way influence any more than 35 cents of every bushel of can market it in a flexible manner. It farmer to plant for the loan. In no way corn he markets, even considering the let’s the farmer make the decision of would that do that. modest Government payment that he when to sell rather than being forced And third, I must again remind our is going to receive under the 1996 farm to sell because the bills are due. You Senators and others that in agri- bill. can think about this amendment as the culture—I do not know why we never Mr. President, 32 of 50 States have ‘‘flexibility to market’’ amendment. learn the lesson of ag economics—a suffered declines in farm income in 1996 The formula has been around for a farmer has a fixed amount of land, he and 1997. Here it is, 32 of 50 States: long time. As I said, there is nothing has fixed machinery, he has a lot of North Dakota, 98 percent; Iowa, down new about this. It is in the farm bill: 85 fixed input and equity costs. If prices 16 percent; New York, 44; Pennsylvania, percent of the 5-year average, throwing drop, there are those who say, ‘‘Well, 32 percent; Kentucky, down 29 percent; out the high and the low years. That is see, that will send a message to the Tennessee, loss of 28 percent; Missouri, the basic formula, 85 percent. farmer. If the prices go down, they will down 72 percent. That is what is hap- The distinguished Senator from Indi- plant less of that crop next year.’’ That pening. That is the loss in farm in- ana went on at great length talking is not so. Because when you have your come, according to Dept. of Commerce about how we don’t want this loan rate fixed base and your fixed amount of figures. As I noted yesterday, Standard set so that it will influence farmers to land and your machinery, if prices go & Poor’s Index for Wall Street has gone make their planting decisions, because down, your first impulse is to get more up 36 percent in the last year. Look if the loan rate is too high, then the production out of that unit of land. what has happened in agriculture. And farmer plants for the loan, not for the Maybe you will check on fertilizer yet we can’t do anything? Not even market. prices. Maybe you will put on a little this modest, little increase in loan I have three observations on that. more fertilizer. Maybe you will put the rates? First of all, this amendment only cov- rows a little closer together. Maybe If the price estimates released July ers the 1999 Fiscal year. We re talking you will do some other things. Maybe 10 by USDA hold up, lower corn and about crops that are already planted, you will plant a little more on some soybean prices will cause an additional for the most part. So how can a one- land you did not want to plant on be- loss of farm income in my State of year amendment have any substantial cause you already have the machinery Iowa alone of over $1 billion this year. influence on farmers’ decisions about out there. That translates into 19,000 jobs in my what to plant next year? I think per- The marginal cost of production for State affected directly or indirectly by haps people who have been speaking an additional acre of corn, if you are agriculture. against the amendment don’t under- already planting 500 or 1,000 acres of On a national basis, this year’s crisis stand that. It is only for one fiscal corn, that marginal cost of planting will strike a severe blow. USDA esti- year. that extra 20 acres or 50 acres is mini- mates suggest that 1998 farm income Even assuming somehow psycho- mal. Yet, if you can raise your produc- will fall below $50 billion, 13 percent logically it did because the farmer tion, well then, that will take care of lower than it was in 1996. With the sea- might say, ‘‘Well, I got that loan this the lower prices. But that feeds on son average corn and rice projections year and if things remain bad next itself. being lowered 6 percent in July, that year, maybe they will do the same I predicted 2 years ago, when the 1996 number is going to fall even more. The thing next year, so, therefore, I will farm bill passed, that that is exactly $5.2 billion decline in farm income make my planting decisions based upon what would happen: We would see in- could translate into a loss of nearly that possibility’’ that is ridiculous in creasing production. Hopefully, the 100,000 jobs in the agricultural sector the extreme. Why? Because, first of all, price would stay up. But if other coun- and ag-related businesses. this loan rate is only 85 percent of the tries’ economies went to pot—and we Mr. President, 1998 total farm debt is last year 5-year average, throwing out saw a couple years ago that it looked estimated to amount to $172 billion, the high and low years—85 percent. For like that might happen—well, then, the highest level since 1985. For those corn right now, the farm bill cap is prices would drop. And how would of you who don’t remember 1985, let me $1.89 a bushel. Our modest amendment farmers respond? They would plant refresh your memory. That was the would remove that rate, raise it to more and produce more. And that is ex- height of the farm crisis. From 1985 to $2.19 for this crop year. Wheat right actly what has happened—exactly what about 1988, hundreds of thousands of now is capped at $2.58 a bushel. Remov- has happened. farmers lost their farms in the United ing the cap would put the rate at about We probably have a record produc- States. It devastated rural America. It $3.22 a bushel. Both of those are way tion of soybeans this year, near record took us, well, almost the next 10 years below the cost of production. production of both wheat and corn. But S8176 CONGRESSIONAL RECORD — SENATE July 15, 1998 somehow people just think that agri- stand, in the 1996 farm bill we gave don’t know, but I would think wheat culture is just like making widgets. farmers all the planting flexibility, but farmers out there who are suffering And it is not. It is a lot different. there was this payment called the Ag- would say they could use the ability to This amendment is very modest— riculture Market Transition Act pay- market their wheat over the next 15 very modest. We are not proposing to ment, AMTA payments, without any months rather than have to sell this change the 1996 farm bill in any way. payment limitations. No matter what fall. Right now, the wheat loan is $2.58 As I said, this provision is in the 1996 farm income was like, you got a pay- a bushel. We are just asking to raise it farm bill. It is just capped. We are just check. I always thought that was kind to $3.22 a bushel. That is not a lot of raising the caps. We are not interfering of ridiculous. money, but it might be a little bit of with planting flexibility, for farmers to I had a farmer come up to me once in help. make their own decisions. In fact, we Iowa last year, after the previous As I said, I think we checked the are enhancing the flexibility of farmers year’s crop, and he said, ‘‘Gee, I had wheat in Dodge City, KS, yesterday— to market their commodities when it is one of the best years I have ever had. I $2.50 and going down. The first of July, advantageous for them to do so. had a great year, and I got a paycheck it was $2.64. Now it is down to $2.50 and Then, I know we keep hearing the old from the Government. What are you going down every week. So our wheat refrain about keeping Government out people thinking about?’’ See, I always farmers and our corn farmers need of agriculture. thought that Government safety nets some help. The PRESIDING OFFICER (Mr. ought to be there when prices were low. I talked about farmers getting less GREGG). The Senator has used the 20 If a farmer can make their money from and less of the share. This chart shows minutes yielded to him. the marketplace, that is the way it the farm share of the retail beef dollar, Mr. HARKIN. I yield myself another ought to be. But when there are events going down all the time. So for every 10 minutes. beyond their control, like bad weather dollar, when you buy that steak or you The PRESIDING OFFICER. The Sen- and bad markets and interference by buy that hamburger, the farmer is get- ator is recognized. foreign governments, that is when the ting less and less from the dollar you Mr. HARKIN. So we hear the old re- Government has to come in with a spend for it. Here is the pork dollar. frain, get the Government out of agri- safety net. Every time you buy a pork loin roast culture; give the farmers more free- The last couple of years farmers got or one of our delicious Iowa chops—if I dom. That is what this amendment Government payments. But for this can put in a plug for that—our pork does. If that is what you like, this year—when prices are in the tank—for farmers are getting less and less of amendment gives the farmers more wheat farmers they will have less in- that dollar you spend for pork. freedom. I just ask my colleagues, come protection than they would have Here is the wheat prices—farm-level what kind of freedom do they have in had under the 1990 farm bill. According wheat price. Here is when the Freedom mind when they talk about giving to current USDA price estimates, per- to Farm bill was enacted. Here are the farmers freedom? The freedom to be bushel payments to wheat farmers wheat prices, going down, over the last forced out of business by events beyond would have been 40 percent higher couple of years. Same thing for corn. their control? under the 1990 farm bill than they are Here we are coming up to Freedom to As I said yesterday, I read a com- scheduled to be under the 1996 farm bill Farm; down it comes. So corn prices ment in the newspaper by one of my this year. That difference would are going down, also. colleagues here who said they wanted amount to nearly $22,000 for a farmer There is a crisis out there. We are to give farmers more ability to manage with 1,000 acres of wheat. not talking about increasing consumer One might infer that these farmers their destiny. I said, I do not under- food costs or livestock feed costs, nor got these Government payments, and stand that. How can my corn farmer in are we going to price the United States they could have taken these payments out of world markets. If the price of Iowa manage El Nino? How can my and sort of invested them and put them the commodity is below the loan rate, soybean farmer in Iowa manage the in the bank, so to speak, to get them the farmer can sell at that lower price disastrous Southeast Asian economy? through this year. Sounds nice. But is and repay the loan at the going market How can our wheat farmers manage the that really what happened? Hardly. price. So the marketing loan does not subsidies that other governments give First of all, a lot of farmers were prop up the U.S. price among world their wheat farmers to compete un- paying off buildup debt, No. 1. They market prices. Hence, there is no ad- fairly with us? How can those wheat used the payments for that. No. 2, what verse impact upon U.S. competitive- farmers manage the disastrous scab happened was, a lot of farmers who ness because of this amendment. disease that we have had in some of our rent found that their landlords in- Taking the cap off will help our farm- northern Great Plains States? These creased the rent. Why? Because the ers stay in business. The fact is, it may are all events that are beyond their landlords knew the farmer was going to be the only thing that will keep them control. get this Government paycheck, knew in business for another year. Is this the kind of freedom that my exactly what he was going to get. So Again, we have heard all these argu- colleagues have in mind for farmers? the landlords raised the price of rent. ments, but for the life of me, I can’t To be forced out by events beyond their Consequently, a lot of farmers did not understand—I can’t understand—why control? The freedom to be forced to even see the Government payment that we on one day can say there is a crisis sell their crops at a loss because they came out in the form of that cash pay- in agriculture, Congress has to re- cannot afford to hold onto them or get ment under the 1996 farm bill. A lot of spond, and 99 Senators vote for that; a decent loan to be able to market it farmers did not even get that money. the next day, we want just a modest in- when prices improve a little; is that But I will tell you who did get the crease in the loan rates to help, and we the kind of freedom we have in mind? money. The big farmers. The larger the can’t do that? I hope that is not so. I Is the freedom that my colleagues have farmer you are, the bigger the check hope we do this today. in mind the freedom to struggle at pov- you got over the last couple of years. Lastly, I heard the distinguished erty-level income while growing the And the larger the farmer you are, the chairman of the Agriculture Commit- food for our Nation? Is it the freedom better able you are to go through peri- tee talking about getting fast-track for farmers to take less and less and ods of stress. legislation through, as if somehow that less of the consumer dollar? Is that the So it was all kind of screwed up. The is going to help prices this year. Even kind of freedom they have in mind? bigger farmers got the most money if fast track were to pass this year, it Well, we have heard a lot of argu- over the last 2 years when prices were would take several years to conclude ments on this amendment. It has been high. Now, when prices are low, our agricultural talks. I point out, the last claimed that farmers receive more smaller farmers can’t get enough help. Uruguay Round of multilateral talks money under the 1996 farm bill than The bigger farmers are able to get took 7 years. Keep in mind, even if we they would have under the continu- through it because they have more eq- got fast track through, that is not ation of the 1990 farm bill. That is true uity. going to mean a darn thing for 3, 5, 6, for the last 2 years when commodity Now we are going to say we can’t 7 years. That will not help this year— prices were high. You have to under- even modestly raise the loan rates? I not going to help a bit. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8177 Second, the crisis is now, not 7 years ment by the distinguished Senator ate to go over that again. But I do have from now. It is right now. Sometimes from Indiana, the chairman of the Sen- some comments, more especially as to we have short memories around here. ate Agriculture Committee; we have the criticism by those across the aisle We talk about, yes, we will do all this had discussions on the Democratic side in regard to the loan rate and in regard stuff; we are going to get our trade by four Senators that I recall speaking to the Daschle amendment which, I un- going again. in support of the amendment; Senator derstand, is intended to be of help to The PRESIDING OFFICER. The time DASCHLE talked in support of the the farmers and, more especially, the the Senator requested has expired. amendment yesterday when he offered farmers in the northern plains who are Mr. HARKIN. How much time do I the amendment—so I am hopeful that going through a very difficult time. have left? those who want to speak will come to Mr. President, we have heard that The PRESIDING OFFICER. The Sen- the floor and speak on this amendment there is no longer a ‘‘safety-net’’ for ator has 141⁄2 minutes. and then we will have a motion to America’s farmers. Advocates of this Mr. HARKIN. I yield myself 2 addi- table and a vote. position argue that we must extend tional minutes. I think the time expires sometime a marketing loans and remove the caps In addition, my colleague from Indi- little after 2 o’clock. We had 3 hours on on loan rates. Based upon recent fig- ana worries about the potential impli- the amendment. That is just a request. ures, it is estimated the loan rate for cations for stocks from this amend- I hope Senators will respond to that re- wheat would rise to $3.17 per bushel ment. World grain reserves right now, quest so we can make progress to com- from its current level of $2.58. However, as a percentage of consumption, are at plete action on this bill today. when you add the transition payments historically low levels. I believe the Mr. HARKIN addressed the Chair. of 63 cents per bushel on the historical American people would be appalled to The PRESIDING OFFICER. The Sen- base that farmers are receiving for learn that our Government holds vir- ator from Iowa. wheat, you have a new safety net of tually no food in reserve to help us out Mr. HARKIN. I inquire of the chair- $3.21. We are told raising the loan cap if we ever have a widespread crop fail- man, I understand we have one other will cost nearly $1.5 billion for one ure. Senator on this side who would like to year. And, if we were to come back and The chairman suggests that if the come down and speak. make the increase permanent, we are Government holds this grain, it stays Mr. COCHRAN. We will be glad to ac- told it would cost $3.5 billion to $4 bil- over the market and depresses prices. commodate that. lion over five years. Why should we ap- Not if you have a government reserve Mr. HARKIN. I want to inquire of the prove amendments that will bust the withheld from the market—absolutely chairman—obviously it is well within budget when they provide a lower safe- not true. But this concept of having a his right to move to table—why can’t ty net than the current program? modest reserve is not a new idea. we have an up-or-down vote? Raising and extending loan rates will Someone said it began with the Roo- Mr. COCHRAN. It is in the order. We not improve prices and producer in- sevelt administration. This is a Roo- negotiated that last night. comes. Extending the loan rate actu- sevelt New Deal idea, to have a grain Mr. HARKIN. I thought perhaps the ally results in lower prices in the long- reserve, and, as such, we had to do chairman might be willing to place run. Extending the loan for six months away with it because it was a New Deal this matter for an up or down vote, simply gives producers another false idea and we don’t need all that stuff rather than vote on a motion to table. hope for holding onto the remainder of around anymore. Mr. COCHRAN. It was in the unani- last year’s crop. Farmers will be hold- The concept of a grain reserve is as mous consent agreement. We can get ing onto a portion of the 1997 crop, old as the Book of Genesis. Surely my the clerk to read it. while at the same time harvesting an- colleagues remember the story of Jo- Mr. HARKIN. I am sorry if I am im- other bumper crop in 1998. seph interpreting the dream of the peding the business of the Senate in Thus, rolling over the loan rate actu- pharaoh, that there would be 7 good raising this question. ally increases the amount of wheat on years followed by 7 lean years and that Mr. COCHRAN. It was contemplated I the market and results in lower food should be stored during the 7 good would move to table the Daschle prices—not higher prices. Since excess years to feed the people when the bad amendment. That is what the Demo- stocks will continue to depress prices, years came. cratic leader understood. We talked will we then extend the rate again? It It was true at the time of Genesis about it last night. It was in the order will become an endless cycle that will and it is true today that we need some as entered last night—3 hours of debate cost billions of dollars, and which will food set aside in this country and on the amendment—and that is what eventually lead to a return to planting around the world to meet exigencies. we are operating under. requirements and set-aside acres in an For the life of me, I can’t understand I want to remind everybody that it is attempt to control agricultural output why people want to ignore history. We my intention to move to table and to and limit the budgetary effects. Where ignore it at our own peril. Ignore it, have a vote. will we get the offsets the Senate and and we will lose more and more farm- Mr. HARKIN. It is fully within the House will require? ers, and we will see a day come when chairman’s right to do that. Extending and raising loan rates will there will be panic because we will Mr. COCHRAN. It is not any reflec- only serve to exacerbate the lack of have those lean years and we won’t tion on anyone. storage associated with the transpor- have any food to help feed our hungry It is certainly not personal. tation problems in middle America, be- people. Mr. HARKIN. I understand that. I cause it simply causes farmers to hold I yield the floor. hope we have an up-or-down vote. onto their crops and fill elevator stor- Mr. COCHRAN. Mr. President, we are Mr. COCHRAN. Mr. President, I yield age spaces. Kansas just harvested its getting to the point where I think the such time as he may consume to the second largest wheat crop in history Senate should seriously consider pre- distinguished Senator from Kansas, and there are predictions of record corn paring for a vote on a motion to table Mr. ROBERTS. and soybean crops in the fall. If we do this amendment. I know the time con- The PRESIDING OFFICER. The Sen- not move the wheat crop now, it will tinues to exist on both sides, but I am ator from Kansas. create transportation problems in the hopeful we can yield back whatever Mr. ROBERTS. Mr. President, I fall that will surpass anything we expe- time has not been used as soon as ev- thank my distinguished friend, the es- rienced last year. erybody who wants to talk has had a teemed chairman of the Appropriations I feel it should also be mentioned chance to talk. Subcommittee. Let me say how much I that advocates of higher or extended We don’t want to cut anybody off. I appreciate his perseverance and pa- loan rates argue that it will allow am not going to do that. I am just ex- tience as we work to try to get what I farmers to hold their crops until after pressing the hope that if everybody has think is a very good agriculture appro- the harvest when prices will rise. To had their say on this amendment, and priations bill. those who advocate this position, I we have had arguments on both sides— I made some remarks yesterday. I would point out that Kansas State Uni- we had a very strong, convincing argu- will not take up much time of the Sen- versity recently published a report S8178 CONGRESSIONAL RECORD — SENATE July 15, 1998 which looked at the years 1981 through enacted into law in 1996 and signed by Presi- kins, pushed mandatory supply controls. 1997 and compared farmers earnings if dent Bill Clinton who did not receive a veto That was soundly repudiated by Congress, they held wheat in storage until mid- recommendation from his Secretary of Agri- which just so happened to be controlled at culture Dan Glickman. the time by Democrats. If there is one major November versus selling at harvest. In Displaying price charts showing the de- aspect of Freedom to Farm that most non- all but five years, farmers ended up cline in commodity prices since 1996, the dissident farmers love, it is the planting with a net loss as storage and interest lawmakers took turns ‘‘briefing’’ the Wash- flexibility contained in that legislation. Do costs exceeded the gains in price. Sim- ington press corps (but very few took ques- you agree? ply put, extending and raising the rates tions), claiming the 1996 Farm Act failed and Sen. Byron Dorgan said the group ‘‘didn’t provides a false hope for higher profits they could all say ‘‘I told you so’’ to those have the details’’ regarding their proposals that most often does not exist. who voted for the package. and thus did not know the costs. ‘‘We’re ‘‘This was radical, extreme policy brought working on a number of things,’’ Dorgan Mr. President, we must ask what is on by (House Majority Leader) Dick Armey said. the purpose of loan rates? Are they in- (R-Tex.), Gephardt charged. Others at the Question: It would be costly, and not just tended to be a marketing clearing de- gathering quickly chimed in to say it was in budget outlays, but in a return to failed vice or a price support? They cannot be merely a ‘‘Republican farm bill.’’ farm policies of the past. Why don’t you both as the other side of the aisle Sen. Wellstone pledged an ‘‘all-out, full- agree? court press’’ to get the following four main A specific question for Sen. Dorgan: You would. And, if we set price at $3.17 it keep pushing for targeted farm program pay- very well may become a ceiling on components of the group’s plan enacted into law: dramatically increasing commodity ments, having done so for what appears to be price. loans rates and allowing 6-month loan exten- over 10 years. Some analysts told me to ask Mr. President, raising loan rates is sions; addressing livestock concentration you, ‘‘What chances do you think of this hap- simply not the answer. We need to con- and requiring labels on imported meat; pening? And are they simply to provide feel- tinue on course and continue to pursue waiving of sanctions on agricultural trade; good comments for the folks back home?’’ Questin to all Democrats: Many Democrats making indemnity payments to farmers. the new trade markets and tax relief in Congress honestly say they are showing that farmers need. And, as I mentioned Where’s the proof? The senators cited dra- matic downturns in farm income but based some fiscal discipline. But to propose major yesterday, I would remind my col- changes in farm policy without any budget that on data from the Bureau of Economic leagues of the meeting 14 Senators had assumptions runs counter with the previous Analysis (Commerce Department) regarding goal. Question: What are the costs? And to with 12 major farm organizations ap- personal income derived from farming. proximately one month ago. At the top The group should have referred to a re- the extent the agriculture committees boost spending on any of the Democrat senators’ of every organizations wish list was cently completed USDA analysis of spring proposals means a budget offset would have wheat farms in the Plains states. That sur- trade, trade, and more trade. to be found. What will be cut to pay for your vey shows that in 1996, the average net cash Mr. President, I mentioned yesterday proposals? that I like to think I have spent more farm income for these spring wheat farms Sen. Harkin said that by just removing the time on the wagon tongue listening to was $37,500; in 1997 it was $14,500; and a pro- loan cap on wheat, prices for wheat would be jected 1998 net cash farm income of only 25% higher than current levels and corn our farmers than any Member of Con- $5,000. gress. And, farmers tell me to leave prices would be up 20% from their current The USDA info clearly shows pain, and a level. Question: U.S. commodities are al- loan rates alone. They want export crisis for spring wheat producers in a specific ready having trouble competing in the ex- markets opened. They want sanctions area of the country. But as one USDA offi- port market, why do you think higher prices that shoot them in the foot removed. cial told me this morning, ‘‘Do we have a cri- at this time would bode well for exports? These are the policies we should be sis in U.S. agriculture today or a regional And would this not also provide incentive for pursuing, not the policies of the past crisis, and if we do, what is the best way to increased production for wheat and corn out- deal with it?’’ side the United States, as was the case under that put our farmers at a competitive Certainly a blunt instrument of help would disadvantage in the world market. prior U.S. farm policy when loan rates (not not be to jack up wheat loan rates to over $4 an income transfer tool) were set much high- Mr. President, I ask unanimous con- as proposed by Sen. Conrad. er than market-clearing levels? And, sent that two articles, which fit within Populist Democrat senators didn’t note wouldn’t such a scenario cause prices to the restrictions of Senate rules, by Pro popular Freedom to Farm transition pay- eventually be lower than the track they cur- Farmer’s Washington Bureau Chief Jim ments. USDA data show that for the 1996, rently are on? 1997 and 1998 crops (combined), Freedom to Wiesemeyer, be printed in the RECORD. Also, why wouldn’t pushing prices far Farm legislation will provide $7 billion to $8 One is regarding failed policies of the above market-clearing levels result in gov- billion in additional payments to farmers ernment-owned surplus wheat that no one past, and the second one is regarding that would have been the case under the wants and lead to calls for a return to an trade policy. prior farm policy. Talk about indemnity ever upward spiral of set-aside requirements There being no objection, the articles payments! to slow the growth in the mountain of gov- were ordered to be printed in the Sure, if loan rates would not have been ernment-owned grain? Usually the answer is, RECORD, as follows: capped via the 1996 farm bill, there would ‘‘Marketing loans will take care of that?’’ have been a larger cash infusion this year es- But that raises the question again: ‘‘At what [From Inside Washington Today, June 18, pecially for wheat producers, but certainly cost?’’ And if marketing loans shouldered 1998] not the prior two years relative to those pay- those significant costs, wouldn’t they be POPULIST DEMOCRATS AGAIN PUSH FAILED ments I previously mentioned, and when seen as a subsidy by the rest of the world and POLICIES OF THE PAST wheat prices were higher to much higher completely undo many years of work on (By Jim Wiesemeyer) than current values. trade issues and renew the race toward sub- Saying ‘‘I told you so’’ to any lawmaker I asked several USDA analysts to list rea- sidized production and subsidized exports and any person or farmer who either voted sons why U.S. commodity prices are lower. worldwide? for or pushed for the 1996 Freedom to Farm They listed the following two major reasons: What many farmers say are the big-ticket legislation, a group of decidedly populist 1. Lack of export growth. issues: Ask a group of farmers what their 2. Good grain crops around the world the Democrat senators on Wednesday railed at long-term issues and concerns are and you last three years. will surely find disagreement, but based on the omnibus farm policy contained in that What does the above have to do with Free- many conversations with this great indus- legislation and said it was that measure and dom to Farm? Nothing. try, they boil down to the following three not trade problems which alone is the reason Questions for the populist senators. While areas: for slumbering U.S. commodity prices. the senators didn’t take much if any time to 1. Taxes. The group of naysayers to Freedom to answer reporter questions, here are a few 2. Environmental regulatory reform. Farm who showed up at a press briefing with they should ponder: 3. Trade issues (sanctions, denied market very few answers to questions were: former Rep. Gephardt labeled Freedom to Farm access, etc.). House Speaker and very likely presidential legislation as a ‘‘radical extreme policy To repeat, farmers in the Northern Plains candidate Rep. Dick Gephardt (D-Missouri), brought on by (House Majority Leader) Dick are hurting and hurting bad. I met Wednes- Senate Minority Leader Tom Daschle (D- Armey’’ (R-Tex.). day with several North Dakota farmers at S.D.), and Democrat Sens. Tom Harkin Question: Since you will very likely run the Washington office of the National Farm- (Iowa), Paul Wellstone (Minnesota), Kent for president in the year 2000, why didn’t you ers Union. It didn’t take many testimonials Conrad (N.D.), Tim Johnson (S.D.) and Byron say that President Clinton should have ve- to feel their pain. As for the reasons why, Dorgan (N.D.). toed the farm bill? Why didn’t you say that they centered on low yields, scab and What they said and didn’t say: Headed by USDA Secretary Glickman should have rec- drought—compounded by those events hap- Daschle, the group squarely and wrongly laid ommended a veto? pening in successive years with a crop insur- the blame for the current farm price dol- Another question: Rep. Gephardt in the ance program unable to cope with those drums with the Freedom to Farm concept 1985 farm bill debate, along what Sen. Har- events. Solution: fix crop insurance. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8179 Is this just an aberration of bad luck? Or, and farm group representatives did not rec- one in line to back raising loan rates if that should the United States come up with a re- ommend wholesale if any changes to the 1996 was a sound idea. Key word there is if. gional assistance program rather than farm act. Instead, they focused on what can The issue of loan rates, Roberts continued, changing comprehensive U.S. farm policy? be done in trade and trade policy to keep comes down to a debate on the purpose of the Northern tier farmers need help, but U.S. agriculture products moving to overseas loan program. ‘‘You have to have a policy they’re certainly not going to get it based on markets. judgment,’’ Roberts stated. ‘‘Do you want the political-platform briefing the stated Republican senators huddle with farm the loan rate to be a market-clearing device, Democrat senators provided on June 17. commodity groups on priority agenda. In a or an income protection device?’’ He noted We asked USDA Secretary Glickman to meeting Thursday with major farm groups, that today, farmers are receiving ‘‘transition comment on remarks the Democrat senators the session concluded with the following list payments that are twice as much as they made Wednesday. Glickman said current of priorities: Reauthorization of presidential would have had under the previous (farm pol- farm policy needs some modifications to ad- fast-track trading authority; IMF funding icy) program.’’ dress low prices and growing problems in and reforms; passage of sanctions reform leg- Roberts zeroed in on farm woes in the some regions. islation; Most Favored Nation (MFN) trading Northern Plains. He said a look at what is ‘‘I think the best view is to not engage in designation for China; stronger oversight on causing the trouble in this region shows: recriminations, but to recognize that there GMO and biotechnology negotiations; full ‘‘Number one, you’ve had bad weather; are strengths and weaknesses in the Free- funding for Sen. Dick Lugar’s agricultural ‘‘Number two, you’ve had wheat disease for dom to Farm legislation,’’ Glickman said. research bill; estate tax reform; and reform six years; ‘‘Number three, you’ve got some ‘One of the weaknesses,’’ he added, ‘‘is the of the farm savings system real border problems with Canada; ‘‘Number inability of my office to respond when prices Farm groups represented at the session: four, (Northern Plains) cost of production is are weak and supplies are high. I think that American Farm Bureau Federation; Amer- historically higher.’’ Freedom to Farm needs some modifications ican Soybean Association; National Associa- ‘‘There is a serious problem’’ in the North- to it, and we’re working on it now.’’ tion of Wheat Growers; National Barley ern Plains, Roberts stressed. ‘‘But what is Asked how much in payments farmers have Growers Association; National Corn Growers the answer?’’ he asked. He said a return to received in the past several years under the Association; National Cattlemen’s Beef Asso- the failed policies of the past such as raising Freedom to Farm compared to what would ciation; National Cotton Council of America; the loan rates ‘‘is a dead-end street.’’ Roberts signaled a possible assistance tool have been the case under the previous farm National Grain Sorghum Association; Na- ahead for needy producers when he said he policy, Glickman replied, ‘‘Many billions (of tional Grange; National Oilseed Processors has talked to USDA Secretary Dan Glick- dollars)—I can’t tell you how much. (I’ve Association; National Pork Producers Coun- man about credit issues such as getting provided him the answer, above.) The first cil; and National Sunflower Association. loans on coming Freedom to Farm transition Senators participating in the agenda-set- two years (of current farm policy), there was payments. ting confab: Majority Leader Trend Lott (R– much more (paid to farmers via market tran- Sen. Chuck Hagel focused on getting the sition payments) than (would have been the Miss.); Senate Ag Committee Chairman Dick IMF funding package and fast-track nego- case) under the old program. This year, it’s Lugar (R–Ind.); Senate Ag Appropriations tiating authority as top priorities. hard to tell, but I think in some of the crops Chairman Thad Cochran (R–Miss.); Pat Rob- Hagel admitted that the House Republican it might be less.’’ erts (R–Kan.); Conrad Burns (R–Mont.); leadership will have to be encouraged to Regarding current prices and global supply Larry Craig (R–Idaho); Craig Thomas (R– bring these measures up for votes. But he and demand, Glickman said grain supplies Wyo.); Rod Grams (R–Minn.); Chuck Grassley quickly added, ‘‘Let’s recall that all trade are high for a lot of reasons—Asian markets (R–Iowa); Dick Kempthorne (R–Idaho); issues have been non-partisan,’’ noting that are weaker and higher U.S. dollar valuations Chuck Hagel (R–Neb.); Wayne Allard (R– he certainly hopes the situation remains have reduced exports, resulting in higher do- Colo.); and Mitch McConnell (R–Ky.). that way. mestic supplies. What was said and wasn’t said: ‘‘Farmers Fast-track gets new life. One of the top Also, Glickman said he lacks the market- and ranchers tell us they don’t want the gov- agenda items Lugar and other senators men- ing tools available to previous ag secretar- ernment back in their back pockets,’’ says tioned was getting the administration fast- ies. Sen. Burns. ‘‘That means doing everything track trade negotiating authority. Consider ‘‘I don’t have the power to deal with the we can to open up markets to them and to the following recent developments: marketing of commodities in the way that provide more of the agricultural dollar to Sen. Roberts said that while he can’t and prior (USDA) secretaries have had,’’ Glick- the producer level. We’ve also determined won’t speak for House Speaker Newt Ging- man stated. ‘‘I think those things need to be that while trade is very important, issues rich, discussions he’s held with Gingrich in- fixed.’’ such as fast track are worthless unless the dicate a plant to bring fast track to a vote in Glickman pointed out that the lack of fed- (Clinton) administration commits to sending the House in September. Roberts says, ‘‘Why eral disaster programs for farmers and a crop trade negotiators abroad who are sensitive wait? Let’s do it now!’’ insurance program that works better in to the needs of agriculture.’’ Gingrich, in an interview with some parts of the country and not so good in Burns said that while income averaging CongressDaily earlier this week, confirmed other regions as a difference in the tools he and some estate tax relief has come for farm- that Congress will consider fast-track trade has available versus previous USDA chiefs. ers, more still needs to be done. legislation sometime before adjourning this ‘‘So, without any kind of intermediate as- Sen. Lugar says the group agreed that ‘‘the fall. He cited the ongoing Asian financial cri- sistance,’’ Glickman concluded, ‘‘it makes it current debate should not be about changes sis as a reason to bolster the United States’ difficult to respond to certain conditions in to the 1996 Farm Bill, as some are proposing, trade position. He said renewing this author- some regions of the country that have been but what can be done in this new farm envi- ity to negotiate trade deals via fast track currently (adversely) affected.’’ ronment to move ahead.’’ The Senate ag would be good for U.S. business, particularly Bottom line regarding the populist Demo- panel chairman noted ‘‘there are some, even agriculture. crat senators’ proposals: A wise man once in the Senate, who are talking about supply House Ag Committee Chairman Bob Smith said that one form of insanity is doing the management,’’ a policy that Lugar labeled as (R–Oregon) said he is waiting for a response same thing over and over and expecting a ‘‘a defeatist, defensive policy.’’ from the Clinton administration to a pre- different result. Lugar was asked to comment on proposals vious proposal he made that he estimates unveiled Wednesday by a group of Democrat could deliver up to 30 votes for fast track. [From Inside Washington Today, June 19, senators which included a call to raise loan That could be enough to pass the conten- 1998] rates and to make indemnity payments to tious trade measure. farmers. ‘‘These would not be helpful,’’ Smith sent a letter last month to U.S. FAST-TRACK APPROVAL PART OF TOP AG Lugar responded. ‘‘We’ve gone down that Trade Representative Charlene Barshefsky AGENDA trail before. They led to an increase in sup- proposing the administration change author- [By Jim Wiesemeyer) plies so that the price was depressed for izing language in the measure so the House What a difference a day and different sen- years, not just a few months.’’ and Senate Ag panels would have greater au- ators make when it comes to the focus of ‘‘Why people want to repeat history . . .’’ thority to review implementing agreements U.S. agriculture and trade policy. Thursday Lugar continued in his pointed comments re- related to fast track. (In Beijing this week, we highlighted the drive by some Democrat garding some Senate Democrats’ farm policy Barshefsky welcomed Gingrich’s call for a farm-state senators to change U.S. farm pol- proposals. ‘‘My own view,’’ he said, ‘‘is that vote on fast-track trade legislation this icy to address the current very low price and we would not change the loan rate, we should year.) income situation in parts of the country but not extend the loan (term), we should not be ‘‘If they give me the go-ahead,’’ Smith said especially the Northern Plains. Their plan sending indemnities out, we should not be he could ‘‘deliver the votes.’’ Noting the fast- focused on higher loan rates, extending com- sending massive amounts of money. We’ve track measure was within around 10 votes of modity loans and making indemnity pay- got a good, solid farm policy.’’ achieving House passage last year, Smith ments to producers. Sen. Pat Roberts, the ‘‘father of Freedom said his idea could help switch as many as 30 By stark contrast, some Republican farm- to Farm’’ when he was House Ag Committee votes. He said his approach would allow state Senators Thursday morning met with chairman, also responded to alternative farm members to ‘‘cross over and they could then 12 farm and commodity groups to prioritize policy proposals from a small group of Dem- go back home and answer the people who say the farm policy agenda. These lawmakers ocrat senators. He said he would be the first that agriculture always gets traded out.’’ S8180 CONGRESSIONAL RECORD — SENATE July 15, 1998 Sen. Grassley this week called on Presi- I wanted to speak earlier for the So I am pleased to be here today on dent Clinton to ‘‘back up his speech that he RECORD to give my distinguished col- the floor to join our leader, Senator made in Geneva’’ on the importance of trade. league from Iowa some words from DASCHLE, in his plea—his urgent plea— He further called on Clinton to use ‘‘his Louisiana. We talk a lot about the Mid- for this Congress to come together and power of persuasion’’ and the ‘‘power of the office’’ to muscle up support for fast track. west and the Northwest, and the dif- to give appropriate assurance and ap- Sen. Bob Kerrey (D–Neb.) said that without ficulty that our farmers are experienc- propriate measures to our farmers at the ability to negotiate trade deals and keep ing, actually all over our country. And this time. It is not enough, Mr. Presi- U.S. ag trade moving, ‘‘serious problems fac- the South, Mr. President, is no dif- dent, I don’t think, to pass a sense of ing U.S. agriculture today are apt to get ferent. the Senate. What is appropriate is to worse.’’ He added that U.S. agriculture is re- I had a very lengthy conference call give meaning to that resolution that lying heavily on ‘‘demand in foreign mar- with the leaders of many of our com- we passed yesterday. We should have kets.’’ modity groups. I am sorry to bring to specific, concrete relief and a safety Bottom line: sooner or later in this town this floor that the situation is fairly common sense prevails. Momentum for get- net for our farmers to get them ting congressional approval of fast-track urgent in Louisiana. I am sure that is through a difficult time and to realize trade negotiating authority is growing. But true in other places in the South. They that perhaps the laws that we have in the past, fast-track proponents didn’t are facing economic hardships, unpar- outlined are not perfect and could be keep the issue front-and-center. It looks like alleled in many instances. In fact, I improved with some changes that our farm groups and others have learned some asked Ken Methavin, one of our cotton leader has put forward. hard lessons. Frankly, I think fast track producers from Natchitoches, LA, if he So I am happy to join him today, and would have passed before if there would have could describe the situation. He said, Senator HARKIN, to continue to fight been an actual vote on the floors of Congress ‘‘Ms. LANDRIEU, there ain’t nobody and to support our farmers not only in (a minority viewpoint, for sure). Let’s just alive that has ever seen anything like hope a vote occurs this time, this year. We Louisiana but around the Nation. need to see the true Hall of Shame of those this for a hundred years.’’ We are expe- Thank you, and I yield the remainder lawmakers who vote against authority to riencing in Louisiana a 100-year of my time. simply negotiate. Any trade agreement can drought, and for us with usually an Mr. DASCHLE addressed the Chair. be voted down. But not to give U.S. trade ne- ample supply of water it is hard for me The PRESIDING OFFICER. The gotiators a chance can only be deemed for even to be able to speak here about the Democrat leader. what it is: protectionism in disguise. situation that the farmers are experi- Mr. DASCHLE. Mr. President, I And if Rep. Smith gets his worthwhile pro- encing. It is very unusual. thank the Senator from Louisiana for posal okayed, then farm-state lawmakers Over the past 3 and a half months, voting against fast-track would have a lot of her excellent statement and appreciate our State has received virtually no very much her reflecting on the seri- fast explaining to do—to their agribusiness measurable rainfall in the crop-grow- constituents. ousness of the situation in Louisiana The PRESIDING OFFICER. Who ing regions of the State. As of this as well. seeks recognition? week, the average rainfall totaled 13 As I noted, Mr. President, I will use Mr. COCHRAN. Mr. President, I sug- inches below our State average. my leader time to finish the discussion In addition to facing one of the worst gest the absence of a quorum, and I ask of this amendment. droughts in our history, the State is unanimous consent that the time run I think this poster probably says it as experiencing very high temperatures, equally against both sides. well as anything. The only thing I over 100 degrees. The combination has The PRESIDING OFFICER. Without would call to everyone’s attention is resulted in extensive damage to our objection, it is so ordered. that when it says ‘‘rural S.D.,’’ it could corn crop. say ‘‘rural Louisiana,’’ it could say The clerk will call the roll. Our soybean farmers, in addition, tell ‘‘rural Illinois,’’ or it could say ‘‘rural’’ The assistant legislative clerk pro- me that about a third of their crop will any State in the country. ‘‘Ag slump ceeded to call the roll. be in jeopardy. Mr. HARKIN. Mr. President, I ask Our dairy farmers continue to face threatens rural’’—blank. For me, it is unanimous consent that the order for not only the weather conditions—the ‘‘rural S.D.’’. The problems that we are having the quorum call be rescinded. lack of water and the high tempera- The PRESIDING OFFICER. Without tures—but depressed prices are also here that are outlined in these articles objection, it is so ordered. driving many of them out of business. say it very well. Prices have dropped Mr. HARKIN. Mr. President, I wanted Milk production has decreased more dramatically. Prices have dropped in to correct myself. I did look at the than 50 percent, in addition, due to corn, in wheat, sorghum, barley, soy- order that was entered. The Senator damaged pastureland. beans—you name the commodity. from Mississippi is right. The order was Our cotton and rice farmers are also Prices have plummeted. It is not just entered that there would be a motion expecting to suffer from the drought. the grain, it is the livestock as well. to table. I did not think that was the In addition, the Asian financial crisis, There is a statement here in the first case. I stand corrected. which has not yet completely hit, part of the article by David Kranz, the Mr. President, I was still waiting for threatens to further complicate the sit- Sioux Falls Argus Leader. one Senator on our side to come and uation. Mr. President, I ask unanimous con- speak. So, again, I suggest the absence Our forest production report is equal- sent that these articles, one by David of a quorum. ly disturbing. We planted 100 million Kranz of the Argus Leader, and the The PRESIDING OFFICER. The seedlings this last year and to date other by Kevin Woster of the Argus clerk will call the roll. have lost over 50 million, and 15,000 Leader, be printed in the RECORD. The assistant legislative clerk pro- acres of forest in Louisiana have There being no objection, the mate- ceeded to call the roll. burned, resulting in fire not to be com- rial was ordered to be printed in the Mr. DASCHLE. Mr. President, I ask pared to what is happening in Florida, RECORD, as follows: unanimous consent that the order for but still a significant amount of acres [From the Argus Leader, July 15, 1998] the quorum call be rescinded. has been lost. AG SLUMP THREATENS RURAL S.D.—SMALL The PRESIDING OFFICER. Without In parish after parish, I am hearing TOWNS VULNERABLE TO DOWNTURN objection, it is so ordered. nothing but grim news about the im- (By David Kranz) Mr. DASCHLE. Mr. President, I yield pact of the drought on depressed prices As politicians scramble to prop up a flag- the 5 minutes remaining to the distin- in some areas, and the extreme heat. I ging farm economy, South Dakota’s small- guished Senator from Louisiana, and am told that even with crop insurance town main streets are bracing for the finan- then I will use my leader time to close under the current Crop Insurance Pro- cial ripples. up the debate on this amendment. gram, many of our farmers will not be Cheap grain coupled with depressed live- The PRESIDING OFFICER. The Sen- able to recoup any measurable portion stock prices have farmers in an unusually tight economic clutch this summer. And ator from Louisiana. of their input costs. Other farmers who some small businesses are already seeing the Ms. LANDRIEU. Thank you, Mr. are not eligible for crop insurance have effects. President. I thank our leader for yield- no similar assistance at all to avail ‘‘We are seeing a major impact. It’s all be- ing time to me. themselves of. cause of $2 corn and under—$5 beans and July 15, 1998 CONGRESSIONAL RECORD — SENATE S8181 going lower. And you have $30 hogs and $50 says it is getting tougher to absorb the bad cash. When prices rise, they can sell their cattle. I don’t know if you could call it a de- times. grain for a batter price, repay the loans and pression, but it is awfully close to it,’’ said ‘‘It hasn’t had much of an effect yet, but it have money left. Tom Reecy, owner of Reecy Farm Supply Co. will come gradually. They will watch how Other provisions would require large in Dell Rapids. they spend their dollar,’’ he said. meatpackers to reveal more information Contributing to farmers’ problems are Ironically, a drive through the countryside about prices they pay for livestock, require weakened demands for agricultural imports this summer can be deceiving, he said. labeling of imported beef and lamb, boost and some prolonged periods of weather disas- ‘‘The crops look good, but it isn’t worth foreign-trade programs and create a $500 mil- ters and crop diseases. Some agriculture anything if you can’t get a good price,’’ he lion fund for targeted disaster assistance. economists are predicting financial fallout said. Providing a higher loan rate and a longer as harsh as during the farm crisis of the mid- Feed is Reecy’s business and he has ridden repayment period—from the current nine 1980s. the agriculture price roller coaster since months to 15 months—would give farmers Some small businesses, already struggling 1973. more cash immediately and allow them more to survive economically, may lose the battle. ‘‘It (the farm economy) has affected our time to find better markets, Democrats said. ‘‘Those (towns) that are detached from total feed business very dramatically. Our Critics complain about the cost, which urban centers may have some problems. major customer with 20 to 50 sows . . . They Daschle said would be $1.6 billion a year. When a community becomes totally depend- are just getting out,’’ he said ‘‘That style of They also worry that the longer marketing ent on one industry, any blip on the graph person is farming their farm land, looking to period could allow grain stocks to build and will hit them more than your commuter cash it out and look for another job.’’ actually depress prices. towns,’’ said James Satterlee, head of the The low prices don’t reduce farmers’ finan- ‘‘The buyers know that product is there. Department of Rural Sociology at South Da- cial obligations, though, Reecy said. And it has to come to market sometime. It kota State University. ‘‘At the same time they all know their tax- can’t stay in the bins forever,’’ said Kimball Satterlee said many small towns have been able valuation is going up. School cost is farmer Richard Ekstrum, past president of reluctant to accept change and diversify going to go higher. Those things have them the South Dakota Farm Bureau. The Farm Bureau supports the current their economies over the years. very concerned.’’ farm bill, while the South Dakota Farmers Census reports show about 200 South Da- Tim Clarke hears the talk from farmers Union has pushed for changes, including kota communities are steadily losing popu- about the pending economic predicament. He those advanced by the Democrats. lation, and some of those will be vulnerable opened a farm equipment business last April Ekstrum said he supports some portions of to another downturn in agriculture. in Howard. the Democrats plan, such as provisions ‘‘If those towns have been diversifying, it ‘‘I am starting from scratch. I have noth- aimed at improving foreign markets. He said won’t be as severe. There will be less chance ing to compare with, but I sell smaller ticket market development is the long-term key to of impact because of something that happens items like live-stock-handling equipment better prices. with one particular product,’’ Satterlee said. and business has been good,’’ Clark said. Although raising the marketing loan rate Freeman is one South Dakota community TRYING TO STAY POSITIVE might help boost prices for grain farmers, largely dependent on the ag economy. The Although he prefers to stay positive, he’s even that benefit creates negative impacts in town is also watching its population con- also realistic. the complicated world of agriculture, tinue to shrink. ‘‘I try to ignore it (talk of the bad farm Ekstrum said. Rita Becker closed her clothing store in economy), Agriculture has always been cy- ‘‘That loan rate has an impact on grain Freeman in March because the store was no clical. But if it (the downturn) is not brief, prices, which livestock producers have to longer profitable. She now works on the farm there will be nothing but tail lights in this purchase. And they already are in a very with her husband, Rudy. part of the country.’’ tight squeeze. If they have to pay more for ‘‘When we talk with people in the business, grain, they might cut production,’’ he said. ag prices are a part of it, but another part is [From the Argus Leader, July 15, 1998] ‘‘There’s just no simple solutions.’’ that people just go elsewhere to shop. We are Ekstrum said the depressed market prices 50 miles away from Sioux Falls, but now- DEMOCRATS TURN UP HEAT ON FARM ACT re painful for farmers, but the entire outlook adays, 50 miles isn’t a long ways to drive.’’ (By Kevin Woster) isn’t bleak. Many farmers in South Dakota The current agricultural situation has South Dakota’s two U.S. senators joined have promising fields of corn and soybeans, Becker and her husband questioning the ad- other Democrats on Tuesday in an increas- he said. vantages of farming. ingly pointed attack on Republican-inspired ‘‘It’s not in the bin yet. But right now we ‘‘We are in our mid-40s. We raise about 500 farm policy that critics claim has failed. have the potential for yields much, much acres of beans and corn. Hearing my husband In an assault that Democrats hope can above what is average. If you can produce speak with his friends, they are discouraged. produce more congressional seats as well as more grain with the same inputs, that’s al- People have just had it. They have farmed better market prices. Sen. Tom Daschle said ways a positive thing,’’ he said. all their lives and there is just no money in almost every major commodity has dropped South Dakota’s Republican congressman, it,’’ she said. in price since Congress in 1996 passed the Rep. John Thune, said he probably would HARDWARE STORE HURTING Freedom to Farm Act. support the loan-rate increase. He also might support the loan-repayment extension, al- Down the street from where Becker once That act is phasing out decades-old farm though he worries about the potential effect did business. Don Wipf is watching a decline subsidies and production controls in favor of free-market, free-planting policies. It allows of stockpiling more grain. in agriculture-based spending at the Coast- Either way, the Democratic plan faces a farmers to take better advantage of market to-Coast hardware business his family has hard collision with Republican leaders intent highs but also leaves them more at risk dur- owned for 59 years. on maintaining the new free-market, less- ing lows. ‘‘We have seen it coming for a couple of government approach to federal farm policy, ‘‘We’ve seen some of the lowest prices in years. The farmers aren’t spending money Thune said. like they normally do. Sales are down. I decades for months now,’’ Daschle said dur- ‘‘When you get outside of the Northern think they are buying more nonnecessities,’’ ing a teleconference with reporters across Plains states, they aren’t experiencing the he said, ‘‘They notice it over at the grocery the nation. ‘‘We’ll see a serious decline in type of stress that we are, so it’s a harder store, too. They are buying more of the farm prices for the foreseeable future unless case to make,’’ Thune said. ‘‘I certainly cheaper cuts of meat these days.’’ something is done.’’ don’t think there’s any inclination there Wipf says Freeman business people are That something is included in a five-point now to overhaul Freedom to Farm.’’ worried about the future. relief plan presented Tuesday by Daschle. Supporters of current farm policy think ‘‘Everybody is trying to come up with ways Sen. Tim Johnson and Democratic senators the long-term answer is in new and expanded to keep the businesses we have. It is just from Iowa, Minnesota and North Dakota. foreign agricultural markets, which will help generally tough for small towns. I wish we The Democrats intend to offer the rural re- boost market prices. The House moved Tues- could come up with an answer. I’d be rich.’’ lief package as amendments to an agricul- day evening to help in that area by approv- CENSUS NUMBERS DOWN, TOO tural appropriations bill. The Senate could ing a companion bill to one already approved vote on some parts of that proposal today. Things aren’t much brighter in Redfield. by the Senate exempting agricultural com- On Tuesday night, the Senate approved an This community, located between Aberdeen modities from trade sanctions imposed amendment by Daschle acknowledging that and Huron, is also losing population. The against Pakistan and Indian. there is a crisis in farm prices and that it 1996 census update showed another 3.3 per- Thune said work on foreign trade needs to must be addressed. Daschle and other sen- cent drop in population from the year before. be a national priority. But he said there ators are scheduled to meet with President Rod Siegling owns the family’s grocery might be ways to provide farmers and ranch- Clinton tonight to discuss the situation. store, Siegling Super Value, which has been ers with needed assistance while maintaining The center of the Democrats’ package is a operating in Redfield for 40 years. the free-market approach. proposal to increase the rate and extend the He hopes to announce related proposals TOUGHER IN BAD TIMES repayment period for government marketing later this week. He has seen the ups and downs that come loans. Farmers can use the loans, based on a Democrats said that without immediate with agricultural prosperity and decline, but set price per bushel, to acquire operating action, Congress will fail rural America. S8182 CONGRESSIONAL RECORD — SENATE July 15, 1998 Sen. Byron Dorgan, D-N.D., said farmers in form you as to the economic disaster involv- permanent change to the legislation his state are experiencing a 98 percent drop ing the farmers and ranchers in Tripp Coun- pending. We are simply saying the very in farm income in one year because of lower ty, South Dakota. survival of thousands of family farms market prices, crop diseases and weather The county consists of approximately 700 problems. Such severe financial pain de- farm and ranch families in a populas of 6,900. depends upon whether we give them serves federal assistance, he said. During the last decade, the devastating ef- the tools right now. ‘‘It isn’t a wind or tornado. It’s not a flood. fect of low commodity and cattle prices have For those who oppose this amend- It’s not a fire. It’s not an earthquake. But affected every household in the county. Com- ment, I would simply ask, What imme- it’s every bit a disaster,’’ Dorgan said. modity prices at the 1950 levels have contin- diate action do they propose? What will Johnson said the Freedom to Farm con- ued the exodus of our youth to cities for jobs they do to help farmers today? cept, which phases out farm subsidies by while the age of our farmers and ranchers av- We are all for trade. I don’t know of 2002, amounted to giving farmers ‘‘five years erage in the 60’s. of declining payments, then a pat on the a Senator who will come to the floor Ever since the NAFTA and GATT agree- and say, ‘‘I oppose increasing trade.’’ back and good luck.’’ ments were entered into, the farm and ranch Johnson continues to push for meat label- economy has plummeted. While trying to be- That is like saying I will oppose eating ing laws that would allow consumers to come more efficient, they cannot compete apple pie. We favor trade. We want to choose between U.S. and imported meats. He with the inflationary rate that the rest of see our markets opened. And I might said that would help lift prices for U.S. live- the economy or businesses have placed on say parenthetically the fastest way to stock producers. their products while receiving historical low open them is to pass the funding of the Mr. DASCHLE. Mr. President, I will prices! International Monetary Fund so that quote from the article: While the large four packers have capital- we can open these markets and sta- ‘‘We are seeing a major impact. It’s all be- ized on the livestock market, the stock mar- bilize the economy. cause of $2 corn and under $5 beans and going ket moves up or down only to the pleasure of the traders’ profit at the expense of the So let me just describe again this lower. And you have $30 hogs and $50 cattle. first in a series of steps that we are I don’t know if you could call it a depression, farmers and ranchers. Where else can a mar- but it is awfully close to it,’’ said Tom ket move lower because it rains in Indiana or proposing to deal with these prices. Reecy, owner of Reecy Farm Supply Co. in higher because Texas is dry! The amendment, again, that we will be Dell Rapids. It has, for these reasons and many others, voting on momentarily would elimi- Contributing to farmers’ problems are become very important for the need of as- nate the caps on marketing loans and weakened demand for agricultural imports sistance to restore a safety net to grain and set the new rate at 85 percent of the av- and some prolonged periods of weather disas- livestock producers! All our producers need erage price of the previous 5 years, and ters and crop diseases. Some agricultural are fair prices for both grain and livestock economists are predicting financial fallout and the rural economy will heal itself! This here is the key, ‘‘on an emergency as harsh as during the farm crisis of the mid- crisis has escalated to the point where imme- basis.’’ On an emergency basis, it 1980s. diate help is needed. The rural outcry has be- would extend the marketing loan term This isn’t a Democratic Senator say- come a deafening cry for help. from 9 months to 15 months under the ing this. This isn’t even a farmer say- Sincerely, same conditions. ing this. What they are saying is that, TRIPP COUNTY COMMISSIONERS: I hope everyone will note the distinc- LOUIS POLASKY, tion between this amendment and ear- because of these falling crop prices, Chairman. you have got the owner of a very im- lier legislation to break the loan caps. RAY PETERSEK. In contrast to other marketing loan portant business in Dell Rapids, SD, HAROLD WHITING. saying, ‘‘It’s over.’’ Its over unless we NEIL FARNSWORTH. proposals, this measure only goes into change what is happening out here MARION G. BEST. effect in the case of an economic crisis. today. Mr. DASCHLE. I will simply read one It gives the President discretionary au- The article by Kevin Woster makes it paragraph: thority to control extreme, persistent income loss by lifting the marketing very clear that the problem goes be- During the last decade, the devastating ef- yond—it is not on this chart—but it fect of low commodity and cattle prices has loan caps and extending their terms in goes beyond Dell Rapids, SD. He talks affected every household in the county. Com- this year only. about Redfield, a very important com- modity prices at the 1950 levels have contrib- Regardless of how my colleagues may munity in the northeastern part of our uted to the continuing exodus of our youth feel about changes in permanent law, State. The 1996 census update showed a to cities for jobs while the age of our farmers regardless of how they may have voted 3.3 percent drop in population in just and ranchers average in the 60s. in the past, I really cannot imagine that year. Rod Siegling owns the fam- Yesterday, the Senate voted 99 to that anybody can say that for 1 year, ily grocery store, Siegling Super Value, nothing simply to say, with bipartisan under these circumstances, I am op- which has been operating in Redfield emphasis, we hear you. We understand. posed to bumping up that loan that has for 40 years. We know that when prices are this low, to be paid back by the farmers, regard- Mr. Siegling talks about the extraor- you are going to see the consequences less of whatever concerns they might dinary reduction in the business in his as reported in these stories and this have. In every single case that I am store, in the article that I have already letter. aware of in talking to farmers around inserted in the RECORD. Why? Because Today, we now offer our solutions. the country, they tell us that the sin- prices are so low people can’t afford to This amendment, the one upon which gle most effective thing we can do, the buy their groceries. we will be voting briefly, lifts the cap single most important thing we can do Mr. President, I have one other mat- on marketing loans and extends the to affect price in the short term is ter I would like to insert in the loan term as one of the most con- what we are offering right now. RECORD, and that is a letter sent to the sequential ways with which to respond You can listen to some of our col- chairman of the Senate Agriculture immediately to the problem of low leagues complain that this is an old so- Committee by the Tripp County Board prices. lution. The fact is that this is the best of Commissioners: Louis Polasky, Ray Why? Because we are giving farmers solution, the best short-term emer- Petersek, Harold Whiting, Neil some flexibility to say, look, if the gency solution that we are aware can Farnsworth, and Marion G. Best. prices continue this way, I am going to be proposed. It is supported by the Na- I ask unanimous consent that this take out a loan for at least 15 months tional Wheat Growers, by the Barley letter be printed in the RECORD. to see if all of the other things they are Growers, by the American and Na- There being no objection, the doing out in Washington and through- tional Corn Growers, and by a growing llllllll was ordered to be print- out our agricultural economy will give list of farmer organizations and farm- ed in the RECORD, as follows: me a better price later on. ers across this country who say, yes, TRIPP COUNTY That is what we are suggesting. Let’s with an exclamation point, pass this. BOARD OF COMMISSIONERS, give our farmers the opportunity to ob- Combining the two provisions—the Winner, SD, July 7, 1998. tain a better option in the short term. extension of the time and the moderate Senator RICHARD LUGAR, We are talking about farmers’ ability increase in the availability of the loan Chairman, U.S. Senate Agricultural Committee, Senate Hart Building, Washington, DC. to survive the 1 year that this amend- value—provides our farmers with in- DEAR SENATOR LUGAR: The Tripp County ment takes place. That is all it is, 1 creased market flexibility and a far Commissioners are writing this letter to in- year. We are not suggesting this be a better shot at surviving over the next July 15, 1998 CONGRESSIONAL RECORD — SENATE S8183 12 months. Adopting this proposal The PRESIDING OFFICER. Is there Robb—Remedy discrimination by USDA. would result in loan rate increases, and objection? Without objection, it is so Mr. COCHRAN. Mr. President, I we think price increases, for every sin- ordered. thank all Senators for their coopera- gle grain commodity. Wheat loan rates Mr. COCHRAN. Mr. President, I ask tion and assistance in reaching this would increase 64 cents a bushel; corn unanimous consent the list be printed point of the debate on the agriculture loan rates would increase 36 cents a in the RECORD. appropriations bill. I now yield back all bushel; soybean rates would increase. There being no objection, the list was time that remains on this side on the The flexibility contained in the new ordered to be printed in the RECORD, as Daschle amendment. farm bill is great. Farmers get their follows: I move to table the Daschle amend- signals from the market but not the AMENDMENTS TO AGRICULTURE ment. Government. But they cannot be left APPROPRIATIONS Mr. President, I ask for the yeas and without the marketing tools necessary Craig—Bio-diesel. nays. to capitalize on the new free market. Grassley—S.O.S. on farmers relief. The PRESIDING OFFICER (Mr. This is an opportunity to send a clear Grassley—S. 1269—Fast track. INHOFE). Is there a sufficient second? message to farmers in every State, Lugar—Sanctions. There is a sufficient second. every State where we can add ‘‘rural’’ McConnell—2nd degree place holder. Hatch—Interstate distribution of meat. The yeas and nays were ordered. in front. We understand the ag slump DeWine—S.O.S. on asthma inhalers. The PRESIDING OFFICER. The threatens rural States, rural South Da- Kempthorne—Funding for secondary agri- question is on agreeing to the motion. kota, rural North Dakota, rural Maine, culture education programs. The yeas and nays have been ordered. rural California, rural Louisiana, and Brownback—Limit length of agriculture The clerk will call the roll. we are going to do something about it. census. The legislative clerk called the roll. We are going to offer this as our best Coverdell—Ag. credit. Mr. FORD. I announce that the Sen- Coverdell—E coli. opportunity to deal immediately with ator from Ohio (Mr. GLENN) is nec- price, knowing how consequential this Roberts—Nuclear nonproliferation. Roberts—Nuclear nonproliferation. essarily absent. could be for every single farmer who is Cochran—Managers amendment. The PRESIDING OFFICER. Are there watching and listening and hoping that Cochran—Managers amendment. any other Senators in the Chamber we understand. We can use all the rhet- Stevens—Relevant. who desire to vote? oric we want. The only way we are Santorum—Farmland preservation fund- The result was announced—yeas 56, going to get this job done is to match ing. nays 43, as follows: Brownback—Nine month waiver perma- our actions to our rhetoric. The rhet- [Rollcall Vote No. 200 Leg.] oric came yesterday. The actions now nent sanctions—Pakistan/India. Baucus—Research. YEAS—56 must come today, and they must start Baucus—Commodity loans. Abraham Feingold McCain by increasing this loan rate. Baucus—Research. Allard Frist McConnell I yield the floor. Baucus—Relevant. Ashcroft Gorton Murkowski Mr. COCHRAN. Mr. President, I Bryan—Market access program. Bennett Gramm Nickles think we have had a full and complete Bryan—Market access program. Bond Grams Roberts Byrd—Relevant. Brownback Grassley Roth debate on the Senator’s amendment. Burns Gregg Santorum We have heard from Senators on both Byrd—Relevant. Campbell Hagel Sessions sides of the aisle. I am prepared to Bumpers—Relevant. Chafee Hatch Shelby yield back any time that remains to Bumpers—Relevant. Coats Helms Smith (NH) Bumpers—Relevant. Cochran Hutchinson Smith (OR) this side on the amendment of the Sen- Conrad—Emergency indemnity payments. Collins Hutchison Snowe ator from South Dakota, but before Conrad—Relevant. Coverdell Inhofe Specter doing that I am happy to announce to Conrad—Relevant. Craig Jeffords Stevens D’Amato Kempthorne Thomas the Senate that we have reached an Daschle—Market loan rate (pending). DeWine Kyl Thompson agreement on both sides with respect Daschle—CRP hay. Domenici Lott Thurmond to the amendments that will be in Daschle—Fund for Rural America. Enzi Lugar Warner order to this bill and, following the dis- Daschle—Price reporting. Faircloth Mack Daschle—Conservation reserve. position of the Daschle amendment, we NAYS—43 Dodd—Waive sanctions food and medicine. will proceed to consider other amend- Dodd—FDA recall drugs and medical de- Akaka Feinstein Lieberman ments. vices. Baucus Ford Mikulski With the authority of the majority Biden Graham Moseley-Braun Dodd—Authorize experiment station re- Bingaman Harkin Moynihan leader and with the permission and search $. Boxer Hollings Murray consent of the minority leader, I ask Dorgan—Scab research. Breaux Inouye Reed unanimous consent that during the Dorgan—Cost of production. Bryan Johnson Reid consideration of the agriculture appro- Dorgan—Sanctions. Bumpers Kennedy Robb Byrd Kerrey Rockefeller priations bill, the following be the only Dorgan—Food for peace. Dorgan—Fruits and veggies. Cleland Kerry Sarbanes Conrad Kohl Torricelli first-degree amendments in order, sub- Durbin—Clinical pharmacology. ject to relevant second-degree amend- Daschle Landrieu Wellstone Durbin—National corn-to-ethanol. Dodd Lautenberg Wyden ments, and following the disposition of Durbin—Meals on wheels. Dorgan Leahy the amendments, the bill be advanced Feingold—Small farms. Durbin Levin Feingold—Relevant. to third reading and the Senate pro- NOT VOTING—1 ceed immediately to Calendar No. 430, Graham—Fires. the House companion bill. Graham—Country origin produce labeling. Glenn I further ask that all after the enact- Graham—$ Med fly. The motion to lay on the table the ing clause be stricken, the text of the Harkin—Relevant. amendment (No. 3146) was agreed to. Harkin—WIC related. Mr. COCHRAN. I move to reconsider Senate bill as amended be inserted, the Harkin—Food safety. bill be advanced to third reading and Harkin—Relevant. the vote. passage occur, all without intervening Harkin—Relevant. Mr. BUMPERS. I move to lay that action or debate. Harkin—Relevant. motion on the table. Finally, I ask that the Senate insist Harkin—Bio containment. The motion to lay on the table was on its amendment, request a con- Johnson—Meat labeling. agreed to. Kerrey—Mandatory price reporting pilot. ference with the House on the disagree- AMENDMENT NO. 3155 ing votes, and the Chair be authorized Kerrey—Economic research service study. Leahy—Relevant. (Purpose: To amend the Arms Export Con- to appoint conferees on the part of the Leahy—Relevant. trol Act to provide waiver authority on Senate, and the Senate bill be placed Levin—Fire blight. certain sanctions applicable to India or back on the calendar. Levin—Disability discrimination. Pakistan) I submit the list of amendments to be Mikulski—Relevant. Mr. COCHRAN. Mr. President, on be- offered on both sides. Mikulski—Relevant. half of the Senator from Kansas, Mr. S8184 CONGRESSIONAL RECORD — SENATE July 15, 1998

BROWNBACK, and other Senators, I send a positive relationship and to restore level dialogue, putting confidence and an amendment to the desk and ask stability to South Asia. security building measures in place; that it be stated. To that end, this Amendment does and, take steps to roll-back their nu- The PRESIDING OFFICER. The something very simple, and something clear programs and come into compli- clerk will report. much needed. It is also something ance with internationally accepted The legislative clerk read as follows: which I believe the great majority of norms on the proliferation of weapons The Senator from Mississippi [Mr. COCH- this body supports. of mass destruction. RAN], for Mr. BROWNBACK, for himself, Mr. The Amendment provides the Presi- Indeed, my support of this Amend- ROBERTS, Mr. HAGEL, Mr. GORTON and Mr. dent with the discretion to waive the ment lies, in part, in my belief that ROBB, proposes an amendment numbered application of any sanction or prohibi- this is that path that India and Paki- 3155. tion, for a period of 1 year. It contains stan themselves have indicated that Mr. COCHRAN. I ask unanimous con- an exception for those sanctions deal- they would like to pursue. sent that reading of the amendment be ing with dual-use exports or military Both India and Pakistan have made dispensed with. sales, which will remain off-limits. statements indicating that they will The PRESIDING OFFICER. Without Before the waiver authority is exer- refrain from future testing. Both have objection, it is so ordered. cised, the President is required to con- indicated that they are prepared to The amendment is as follows: sult with Congress. consider joining the Comprehensive At the appropriate place in the bill, insert And, prior to the expiration of the Test Ban Treaty. And, in a message to the following: waiver authority granted in this the Security Council on July 9, Sec- TITLE ll—INDIA-PAKISTAN RELIEF ACT Amendment, the Secretary of State retary General Annan wrote that ‘‘I SEC. ll01. SHORT TITLE. must report to Congress on develop- have been encouraged by indications This Act may be cited as the ‘‘India-Paki- ments in India and Pakistan. from both sides of their readiness to stan Relief Act of 1998’’. This last point is crucial. The waiver enter into dialogue addressing peace SEC. ll02. WAIVER AUTHORITY. authority granted in this Amendment and security matters and causes of ten- (a) AUTHORITY.—The President may waive is limited to 1 year. Should India and sion, including Kashmir.’’ for a period not to exceed one year upon en- Pakistan prove to be unwilling to re- In South Asia today it appears to be actment of this Act with respect to India or solve their differences—should the Sec- too late to talk about preventing the Pakistan the application of any sanction or retary be unable to report on substan- capability of developing nuclear weap- prohibition (or portion thereof) contained in tial and significant progress—this ons. As I stated on this floor imme- section 101 or 102 of the Arms Export Control Amendment will sunset, and the cur- Act, section 620E(e) of the Foreign Assist- diately following the first Indian nu- ance Act of 1961, or section 2(b)(4) of the Ex- rent sanctions will go back into effect. clear test, the international commu- port Import Bank Act of 1945. It is my belief that the President be nity cannot successfully impose non- (b) EXCEPTION.—The authority provided in given flexibility to use and shape sanc- proliferation policies on South Asia. subsection (a) shall not apply to any restric- tions as most appropriate to attempt Ultimately, India and Pakistan must tion in section 102(b)(2) (B), (C), or (G) of the to create a positive and constructive determine for themselves that their Arms Export Control Act. environment for the resolution of polit- own interests are best served by rid- (c) Amounts made available by this section ical and security problems in South ding South Asia of weapons of mass de- are designated by the Congress as an emer- Asia. Our current sanctions policy does gency requirement pursuant to section struction—and not by turning the re- 251(b)(2)(A) of the Balanced Budget and not provide for that flexibility. gion into a potential nuclear battle- Emergency Deficit Control Act of 1985, as In fact, without this flexibility it is ground. amended: Provided, That such amounts shall difficult to conceive how the United The United States, however, must be available only to the extent that an offi- States can play a positive and con- seek ways to work with India and cial budget request that includes designation structive role in attempting to head off Pakistan to help them reach that de- of the entire amount of the request as an a potential nuclear arms race in South termination. It is my belief that this emergency requirement as defined in the Asia or to restore stability to the re- Amendment serves to structure our Balanced Budget and Emergency Deficit gion. policies to make that outcome more Control Act of 1985, as amended, is transmit- Indeed, the Administration currently ted by the President to the Congress. likely. I urge my colleagues to join me ll has a high-level delegation, headed by in support of this Amendment. SEC. 03. CONSULTATION. Deputy Secretary Talbott, en route to Prior to each exercise of the authority pro- Mr. HELMS. Mr. President, as has vided in section ll02, the President shall the region to continue talks with India been made clear, this amendment is a consult with the appropriate congressional and Pakistan and to continue discus- version of a bill offered last week by committees. sions on bringing the current crisis to Senators MCCONNELL, BIDEN, and oth- SEC. ll04. REPORTING REQUIREMENT. a close. ers. At that time, Senators felt pres- Not later than 30 days prior to the expira- Hopefully, this Amendment will send sure to lift sanctions on India and tion of a one-year period described in section a positive signal to India and Pakistan Pakistan, thereby precluding U.S. com- ll02, the Secretary of State shall submit a that the United States is interested in panies from participating in a signifi- report to the appropriate congressional com- working with them to resolve their cant wheat tender. mittees on economic and national security problems, and will provide our nego- I understood the urgency, and I developments in India and Pakistan. tiators with the leverage that they therefore supported my colleagues. On ll SEC. 05. APPROPRIATE CONGRESSIONAL need if they are to have success in the question of sanctions in general, COMMITTEES DEFINED. In this title, the term ‘‘appropriate con- moving the process in a positive direc- and sanctions on India and Pakistan in gressional committees’’ means the Commit- tion. particular, however, several points tee on Foreign Relations of the Senate and This Amendment structures U.S. pol- need to be emphasized. the Committee on International Relations of icy to secure commitments from India The sanctions tasks force appointed the House of Representatives and the Com- and Pakistan to make real and mean- by the majority and minority leaders, mittees on Appropriations of the House of ingful progress in rolling back the cur- as of last week’s sanctions relief bill, Representatives and the Senate. rent crisis, to settle their differences, had met twice at a staff level. No one Mrs. FEINSTEIN. Mr. President, I and to bring peace to South Asia. saw the proposed bill language, which, rise today in support of the India-Paki- Although we do not spell out explicit as originally written, would have lifted stan Relief Act, which I am cosponsor- conditions that India and Pakistan not only economic, but also military ing with my colleague from Kansas. must meet in this Amendment, it is my and dual use sanctions on India and Even as we have implemented a hope and belief that the flexibility that Pakistan for a period of nine months. strict regime of sanctions on India and this Amendment introduces will allow Mr. President, I believe the majority Pakistan as called for by law, it is my the Administration to work with India leader was serious in his desire to con- belief that we must also look to the fu- and Pakistan to take necessary actions stitute a group of Senators who, after ture and to creating the sort of envi- to resolve their political and security due deliberation, would make rec- ronment which will allow the United differences, including ceasing any fur- ommendations on sanctions. That did States to engage India and Pakistan in ther nuclear tests; engaging in a high- not happen. Instead, we have rushed July 15, 1998 CONGRESSIONAL RECORD — SENATE S8185 forward, willy nilly, with bills and our side of the aisle. I regret that I an- cessful. Despite this record, we con- amendments that the Senate Foreign nounced earlier there was no objection tinue to impose one new unilateral Relations Committee has not consid- on this side. Apparently, there are at sanction after another. We typically do ered. Indeed, last week we were pre- least a couple questions. So if we could so without careful analysis of their ef- sented with language that even the leave that amendment, set it aside in fects on our interests and our values. members of the sanctions task force order to let Senator LUGAR go, then we Because of this, I believe it is time had not considered. will try to clear it between now and we engage in a serious debate on the It is my firm belief that at any given the end of that time. merits of using unilateral economic time we have one Commander in Chief The PRESIDING OFFICER. Is there sanctions to accomplish foreign policy and one Secretary of State. I support objection? goals. That is the purpose of this the President’s right to make decisions Mr. COCHRAN. Mr. President, reserv- amendment. My amendment is a modi- on foreign policy, even when I disagree ing the right to object, and I do not fication of Senate bill S. 1413, the ‘‘En- with those decisions. I also agree that want to object and will not, maybe the hancement of Trade, Security, and it is important that the President have thing to do is put in a quorum for a Human Rights Through Sanctions Re- some flexibility in making those deci- second or two and see exactly what the form Act’’, or simply the Sanctions sions. questions are. Maybe they can be an- Policy Reform Act, which we intro- That is why I am willing to support a swered. If not, then I agree with you, duced last November. The companion limited waiver on economic sanc- we will set it aside and go to another bill was introduced in the House at the tions—economic sanctions only—for amendment. same time. There are now 36 Senate co- nine months for India and Pakistan— I suggest the absence of a quorum. sponsors from both sides of the aisle. which I do with some reservations. I The PRESIDING OFFICER. The Let me take a moment to note some shall expand on this further at another clerk will call the roll. of the important changes from Senate time. Suffice it to say that I do not be- The legislative clerk proceeded to bill 1413 that are now in my proposed lieve foreign aid, foreign loan guaran- call the roll. amendment. These changes were in- tees or international bail outs are an Mr. COCHRAN. Mr. President, I ask cluded to reflect discussions with the ‘‘entitlement’’ to any nation. unanimous consent that the order for administration, with legal counsel of Equally importantly, Mr. President, the quorum call be rescinded. the Senate, with our colleagues in the no nation deserves military hardware, The PRESIDING OFFICER. Without House, and with others. First, we clar- services or dual use items capable of objection, it is so ordered. ify in the amendment that our general supporting military programs if and Mr. COCHRAN. Mr. President, I sanctions guidelines, procedural re- when that nation engages in conduct think we are ready now to proceed to a quirements, analytical reports and sun- dangerous to the national security of vote on the Brownback amendment set provisions pertain only to future the United States. I shall never support The PRESIDING OFFICER. Is there sanctions. I underline that point. This U.S. supercomputers going to help the further debate? amendment deals only with the future. Indian nuclear program or U.S. space If not, the question is on agreeing to It is not an amendment about sanc- technology supporting a South Asian the vote. tions past or sanctions present. We are missile program. The line must be The amendment (No. 3155) was agreed talking about sanctions in the future drawn somewhere. to. and only unilateral sanctions imposed The bill presented to me last Thurs- Mr. COCHRAN. I move to reconsider by the United States alone. day at 9:30 a.m., one hour prior to its the vote. Our bill is totally prospective. We consideration by the full Senate, would Mr. BUMPERS. I move to lay it on have eased some of the public notifica- have allowed anything—munitions list the table. tion requirements about the proposed items, aircraft, weapons, advanced The motion to lay on the table was new sanctions. We do not want the weapons technology—to go to India or agreed to. President to inadvertently alert a Pakistan. I refuse to believe that even The PRESIDING OFFICER. The Sen- country targeted for sanctions to take those most ardent to appease big busi- ator from Indiana. steps to avoid our sanctions before ness could countenance a U.S. military AMENDMENT NO. 3156 they are imposed. If a country knows relationship with a nation that just (Purpose: To provide a framework for consid- in advance that we intend to impose an detonated a nuclear weapon. eration by the legislative and executive asset freeze, for example, it would ini- Mr. President, sanctions have their branches of unilateral economic sanctions tiate moves to conceal, shift, or other- downsides, and I am ready to address in order to ensure coordination of United wise avoid our sanctions, thereby un- those downsides. What I am not willing States policy with respect to trade, secu- dermining their effectiveness. to do is to permit Congress to rush rity, and human rights.) We have strengthened the language headlong into approving legislation Mr. LUGAR. I send an amendment to in the bill against the use of food, med- which would open the floodgates to the the desk and ask for its immediate con- icine, and medical equipment as a tool rogues of this world. sideration. of American foreign policy. As a guide- Mr. COCHRAN. Mr. President, the The legislative clerk read as follows: line, we believe food should never be amendment deals with the sanctions The Senator from Indiana [Mr. LUGAR] pro- used this way except in cases of war or against India and Pakistan. The poses an amendment numbered 3156. a threat to the security of the United amendment has been cleared on this Mr. LUGAR. Mr. President, I ask States. We have also included language side of the aisle. I understand that it unanimous consent that reading of the in the bill that permits a slowing down has also been cleared on the other side. amendment be dispensed with. of the process in the Congress to help But I yield to my friend from Arkansas The PRESIDING OFFICER. Without guarantee that information about pro- for any comments. objection, it is so ordered. Mr. BUMPERS. Mr. President, this posed new sanctions is available to the (The text of the amendment is print- amendment has been cleared on this Members prior to their voting on the ed in today’s RECORD under ‘‘Amend- side of the aisle. floor. The PRESIDING OFFICER. Is there ments Submitted.’’) There are other minor changes in re- Mr. LUGAR. Mr. President, I rise to further debate? porting requirements and procedures. Mr. KYL addressed the Chair. propose an amendment that seeks to The fundamental purpose of my The PRESIDING OFFICER. The Sen- improve the way Congress and the ex- amendment is to promote good govern- ator from Arizona. ecutive branch consider and impose ance through thoughtful deliberation Mr. KYL. I am sorry, I am not aware unilateral economic sanctions on other on those proposals involving unilateral of the amendment the Senator from countries and entities. There has been economic sanctions directed against Mississippi is talking about. a dramatic rise in the number and vari- other countries. My amendment lays The PRESIDING OFFICER. Is there ety of U.S. economic sanctions directed out a set of guidelines and require- further debate? against other countries to achieve one ments for a careful and deliberative Mr. BUMPERS. Mr. President, I am or more foreign policy goals. More process in both branches of Govern- told there are a couple questions on often than not they have not been suc- ment when considering new unilateral S8186 CONGRESSIONAL RECORD — SENATE July 15, 1998 sanctions. It does not preclude the use countries representing more than half force, is needed and justified. In these of economic sanctions, nor does it the world’s population, that have been instances, sanctions can be helpful in change those sanctions already in subject to or threatened by U.S. unilat- getting the attention of another coun- force. It is based on the basic principle eral sanctions. The application of new try, in showing U.S. determination to that if we improve the quality of our sanctions in the past 2 years have in- change behaviors we find objection- policy process and our public discourse, creased this global percentage to near- able, or in stimulating a search for cre- we can improve the quality of the pol- ly 70 percent of the world’s population ative solutions to difficult foreign pol- icy itself. affected or threatened by one or more icy problems. This principle is familiar to us all. U.S. sanctions. Indeed, many unilateral sanctions James Madison wrote eloquently in the These sanctions are not cost-free. are intended to achieve very laudable Federalist Papers on the merits of They are easy to impose because they foreign policy goals—human rights im- slowing down the legislative process on appear to be cost-free and are almost provements, the non-proliferation of important matters in order to achieve always preferable to the use of force or weapons of mass destruction, stem- more careful, thoughtful deliberation to doing nothing, but they have many ming the flow of international narcot- and avoid the passions of the moment. unintended victims—the poor in the ics, countering terrorism, prohibiting This amendment is consistent with target countries, American companies, child labor, and others. These goals are Madison’s view. When we introduced American labor, American consumers, worthy foreign policy objectives. Un- Senate bill 1413 last fall, we did so be- and, quite frankly, American foreign fortunately, unilateral economic sanc- cause we believed that unilateral eco- policy. One cost estimate put the in- tions are not effective tools for advanc- nomic sanctions, when used as a tool of come loss to the American economy ing these objectives or our interests. foreign policy, rarely achieved their from economic sanctions at between They may, in some cases, undermine goal, and frequently harmed the United $15 billion and $19 billion, while im- them. In the end, they typically inflict States more than the target country pacting more than 150,000 jobs in 1995 punishment on the American people or against whom they were aimed. alone. Magnify this overtime, and the on the most vulnerable populations in The imposition of unilateral sanc- economic and foreign policy costs to the country against whom the sanc- tions may help create a sense of ur- the United States become enormous. tions are directed. gency to help resolve a problem, but it These sanctions weaken our inter- Mr. President, if we use unilateral often creates new problems, many of national competitiveness, lower our economic sanctions to advance our for- which may be unintended. In some global market share, abandon our es- eign policy, we must be more sparing cases, unilateral sanctions may be tablished markets to others and jeop- in their use, we must improve the proc- counterproductive to our interests. ardize billions in export earnings—the ess by which we consider international Over the past several years, there has key to our economic growth. They may sanctions, and find ways to increase been a growing interest in the practice also impair our ability to provide hu- their effectiveness once they are imple- of unilateral economic sanctions as a manitarian assistance. They some- mented. tool of American foreign policy. Nu- times anger our friends and call our My amendment proposes to do that merous studies have been conducted by international leadership into question. by improving the way we consider uni- think tanks, trade groups, the business Someone compared the use of unilat- lateral sanctions in both branches of communities, the U.S. Government, eral economic sanctions in foreign pol- the government. It is a modest amend- and foreign governments. These studies icy to the use of carpet bombing in ment. It applies to a very limited class reached similar conclusions that uni- warfare. He noted that both tactics are of sanctions which are unilateral in lateral economic sanctions that are indiscriminate and fail to distinguish scope and which are intended to accom- utilized to achieve foreign policy objec- between innocent and guilty victims. plish one or more foreign policy objec- tives rarely succeed in doing so. Those who are well-off financially, en- tives. They further conclude that unilat- trenched politically, or responsible for My amendment excludes those trade eral economic sanctions seldom help foreign policy actions we oppose, are remedies and other trade sanctions im- those we seek to assist, that they often those who tend to be least affected by posed because of market access restric- penalize the United States more than unilateral sanctions. The point is that tions, unfair trade practices and viola- the target country, and that they may unilateral sanctions are blunt instru- tions of U.S. commercial or trade laws. weaken our international competitive- ments of foreign policy that are too It excludes those multilateral sanc- ness and our economic security. The readily employed against foreign tar- tions regimes in which the U.S. partici- studies also show that unilateral eco- gets, even when other persuasive in- pates, when other participating coun- nomic sanctions have increasingly be- struments of foreign policy may be tries are imposing substantially equiv- come a foreign policy of first choice, available. alent sanctions and taking their bur- even when other policy alternatives The statute regulating our actions den. Our legislation is prospective and exist. against India’s and Pakistan’s behav- would not change, amend or eliminate Because of these studies, data on the ior, for example, is unusually inflexible existing U.S. sanctions, although I be- use of sanctions are becoming familiar. and limits our options to develop solu- lieve they should be reviewed as well. According to Under Secretary of State, tions that work in South Asia. Our pu- The Sanctions Task Force set up by Eisenstat in testimony before the nitive sanctions, however meritorious the Senate leadership is undertaking House International Relations Com- they may be, do not help us achieve co- that review. Finally, the amendment mittee, the United States has applied operation with either country in cop- does not pertain to state and local sanctions 115 times since World War I ing with regional and global problems; sanctions intended to achieve foreign and 104 times since the end of World nor do they promote essential Amer- policy goals. It deals simply with those War II. Nearly one third of the sanc- ican goals of democracy, human rights, of the Federal Government. tions applied over the last 80 years religious freedom, or other values we To help achieve a more deliberative have been imposed in just the past 4 would like to see in both countries. In- policy process, the bill establishes pro- years. deed, these particular sanctions could cedural guidelines and informational There are now dozens of new propos- inadvertently serve to destabilize an requirements before unilateral eco- als before the Congress that would already unsteady situation in Paki- nomic sanctions are considered by the tighten or impose sanctions on one or stan—a nuclear Pakistan—which would Congress or the President. My amend- more countries, many of whom are our not be in anybody’s interest. ment provides that any unilateral eco- friends or our allies. There are other Mr. President, my amendment does nomic sanction proposed in the Con- sanctions pending at the State and not prohibit sanctions. There will al- gress or by the President should con- local level directed at nearly 20 coun- ways be situations in which the actions form to certain guidelines. These tries. of other countries are so outrageous or should include: The 1997 Report of the President’s so threatening to the United States clearly defined foreign policy or na- Export Council on U.S. Unilateral Eco- that some response by the United tional security goals; nomic Sanctions, for example, cited 75 States, short of the use of military contract sanctity; July 15, 1998 CONGRESSIONAL RECORD — SENATE S8187 Presidential authority to adjust or order to coordinate U.S. policy on cooperation in achieving other foreign waive the sanctions if he determines it sanctions. policy and priorities, including multi- is in the national interest to do so; If unilateral sanctions are approved lateral cooperation on the sanctions narrowly targeted sanction on the of- and implemented, the amendment re- themselves. fending party or parties; quires annual reporting on their eco- U.S. leadership and American values expand export promotion if our sanc- nomic costs and benefits to the United are better promoted through our pres- tions adversely affect a major export State and any progress they are having ence abroad, the knowledge we share market of American farmers; on achieving the stated foreign policy and impart, and the contacts we make efforts to minimize the negative im- goals. and sustain. Many countries want to be pact on humanitarian activities in tar- There would also be a sunset provi- exposed to our values and ideas if they geted countries; and sion in each new sanction that would are not imposed. The lessons of the free a sunset provision to terminate new terminate new sanctions after two market and democratic values are sanctions 2 years after they are im- years unless they are re-authorized by learned more easily when they are ex- posed, unless reauthorized. the Congress or the President. perienced first hand, not as abstrac- The amendment includes provisions The agriculture provision merits spe- tions from a distance and not behind to fully inform members of the pro- cial comment because it singles out artificial barriers imposed by unilat- posed sanctions and requires new sanc- American farmers and ranchers whose eral sanctions. tions be consistent with these guide- exports are especially vulnerable to re- Let me suggest a number of fun- lines. It also mandates that all pro- taliation and whose products are most damental principles that I believe posed new unilateral sanctions include easily substituted by foreign competi- should shape our approach to unilat- reports from the President which as- tors. American agriculture is heavily eral economic sanctions: Unilateral sess the following: dependent on exports. About a third of economic sanctions should not be the the likelihood that the proposed all of our sales from the farms of this policy of first resort. To the extent sanctions will achieve the stated for- country are in the export trade. Last possible, other means of persuasion and eign policy objective; year, American agriculture contributed influence ought to be exhausted first; the impact of the sanctions on hu- a net $22 billion surplus to our balance If harm is to be done or is intended, manitarian activities in affected coun- of trade, more than any other sector. we must follow the cardinal principle tries; Economic sanctions can have a serious that we plan to harm our adversary the likely effects on our friends and long-term adverse impact on American more than we harm ourselves; when possible, multilateral economic sanc- allies and on related national security agriculture. My amendment provides tions and international cooperation are and foreign policy interests; authority to compensate for lost ex- preferable to unilateral sanctions and any diplomatic steps already under- ports through agriculture export as- are more likely to succeed, even taken to achieve the specified foreign sistance permitted under current stat- though they may be more difficult to policy goals; utes and agreements. No new appro- the prospects for multilateral co- obtain; we should secure the coopera- priations would be required. tion of the major trading and investing operation and comparable efforts, if To protect American agriculture, my countries as well as the principal front- any, by other countries to impose sanc- amendment defines humanitarian as- line states if economic sanctions are to tions; against target country; sistance to include all food aid pro- be successful; and we ought to avoid prospects for retaliation against the vided by the Department of Agri- double standards and be as consistent U.S. and against our agriculture inter- culture for the purchase or provision of as possible in the application of our ests; food or other agricultural commod- sanctions policy. an assessment as to whether the ben- ities. As such they would be exempt To the extent possible, we ought to efits of achieving the stated foreign from sanctions other than in response avoid disproportionate harm to the ci- policy goals outweigh any likely for- to national security threats, where vilian population. We should avoid the eign policy, national security or eco- multilateral sanctions are in place, or use of food as a weapon of foreign pol- nomic costs to the U.S.; and if we are engaged in an armed conflict. icy and we should permit humanitarian a report on the effects the sanctions I have focused many of my remarks assistance programs to function; our are likely to have on the U.S. agricul- on the economic and trade con- foreign policy goals ought to be clear, tural exports and on the reputation of sequences of unilateral sanctions be- specific and achievable within a rea- U.S. farmers as reliable suppliers. cause they are more easily measured. sonable period of time; we ought to I include that section, Mr. President, But, the use of sanctions also raises a keep to a minimum the adverse affects because agricultural exports are usu- fundamental question about the effects of our sanctions on our friends and al- ally the first hit in retaliation. This is of unilateral sanctions on the conduct lies; we should keep in mind that uni- the area in which our Nation does best of American foreign policy. Can we fur- lateral sanctions can cause adverse and has, by far, the largest surplus. ther our national interests and pro- consequences that may be more prob- Therefore, this is of special importance mote our values as a nation through lematic than the actions that prompt- to the American agricultural producers the use of unilateral sanctions which ed the sanctions—a regime collapse, a that are the focus of our attention distance ourselves from the challenges humanitarian disaster, a mass exodus today in this appropriations bill. we face, or can we better accomplish of people, or more repression and isola- A separate section includes similar our purposes by staying engaged in the tion in the target country, for example; analytical requirements for any new world and keeping our options open to we should explore options for solving sanctions the President considers. solutions? The answer is not always problems through dialogue, public di- These include those sanctions imposed black and white because sanctions can plomacy, and positive inducements or by executive order under the Inter- sometimes be an appropriate foreign rewards; and the President of the national Emergency Economic Powers policy tool. United States should always have op- Act (IEEPA). these requirements must On balance, I believe American inter- tions that include both sticks and car- be shared with the Congress before im- ests are better advanced through en- rots that can be adjusted according to posing new sanctions. However, the bill gagement and active leadership that circumstance and nuance; the Congress allows the President to waive most of afford us an opportunity to influence should be vigilant by insuring that his these requirements if he must act events that threaten our interests. options are consistent with Congres- swiftly and if the challenge we con- In some cases, unilateral sanctions sional intent and the law. front is an emergency. The require- restrict our ability to take advantage In those cases where we cannot build ments on the President are as rigorous of changes in other countries because multilateral cooperation and where our as those on the congress. trade embargoes impose a heavy bias core interests or core values are at FInally, my amendment establishes against dialogue and exchange. Unilat- risk, we must, of course, consider act- an inter-agency Sanctions Review eral sanctions may create tensions ing unilaterally. Our actions must be Committee to include all relevant with friends and allies—including part of an overall coherent and coordi- agencies in the executive branch in democratic countries—that jeopardize nated foreign policy that is coupled S8188 CONGRESSIONAL RECORD — SENATE July 15, 1998 with diplomacy and consistent with and their organizations are crying out convince Congress that all sorts of un- our international obligations and ob- in this legislation for attention. reasonable sanction laws have been jectives. We should have a reasonable I argued on the last amendment that presented and that these sanctions are expectation that our unilateral actions our best policy in this country was to something new and unusual and some- will not cause more collateral damage sell grain, to sell livestock—not to how detrimental to the best interests to ourselves or to our friends than the store it. I think that is the issue, Mr. of this country. problem they are designed to correct. President. But if we are to be credible On that point I beg to differ. The fact Mr. President, the United States with regard to the export side, farmers is, as an effective and principled for- should never abandon its leadership and farm groups are saying, ‘‘You must eign policy tool economic sanctions are role in the world nor forsake the basic reform. You must do more.’’ And I older than this Republic itself. What values we cherish in the pursuit of our agree with that. did the American colonies do in re- foreign policy. We must ask, however, That is why I offered this amendment sponse to Britain’s imposition of the whether we are always able to change on the appropriations bill for agri- Stamp Act? The American colonies im- the actions of other countries whose culture, because it is a passionate cry posed economic sanctions forcing its behavior we find disagreeable or by our farmers to take this concrete repeal as a matter of fact. What did the threatening. If we are able to influence action to give some hope that their Continental Congress do when Britain those actions, we need to ponder how concerns are being addressed, that, in imposed the Intolerable Acts? The Con- best to proceed. In my judgment, uni- fact, we are going to move exports, and tinental Congress imposed economic lateral economic sanctions will not al- are going to do so because we are be- sanctions on Britain. ways be the best answer. But, if they ginning to think more carefully here in Why has Congress always authorized are the answer, they should be struc- this body about what we are doing. sanctions when needed? This is a ques- tured so that they do as little harm as To reiterate the bidding, Mr. Presi- tion that is worth reviewing, and that possible to ourselves and to our overall dent, before unilateral sanctions alone is what I propose to do briefly, if it global interests. By improving upon are imposed, there has to be a purpose may be possible. Amazingly, some in our procedures and the quality and stated for why we are doing them. And the business community, and they have timeliness of our information when criteria and benchmarks that would always been and will continue to be considering new sanctions, I believe we show the degree to which we have been close friends of mine, have jumped to can make that possible. We should successful in interim reports, and an the conclusion on the recent events in know about the cost and benefits of assessment of the cost to American India and Pakistan to pursue their at- proposed new sanctions before we con- jobs and the lost income. I mentioned tacks on the U.S. bilateral sanctions. sider them. That is the intent of my $20 billion of lost income in a year and But it is precisely those events in India amendment. 150,000 jobs. These are not inconsequen- and Pakistan, the decision by these I ask that all Members look closely tial. Debates occur on this floor fre- governments to detonate a dozen sepa- at my amendment and hope you will quently over 100 jobs or 1,000 jobs. I am rate nuclear weapons, that should agree that it is good governance asking that to consider very carefully heighten our resolve to enforce tough amendment that will help improve the these cost implications before we adopt sanctions against governments that quality and conduct of American for- another unilateral sanction. And fi- seek to destabilize the world. eign policy. nally, I am saying that after 2 years The fact is, in that instance, Madam Mr. President, I will conclude by there should be a sunset provision. The President, I believe, and I believe I can pointing out that a bipartisan sanc- sanction ends at that point, unless it is demonstrate, that India detonated its tions task force has been appointed by authorized again by the Congress or by devices because of India’s fear that the the leadership of this body. That task the President for valid foreign policy United States was coddling China and force has met. I look forward to mak- reasons. These sanctions go on forever. bidding friendship for China that ought ing a contribution to the work of that This amendment is prospective. It not to be a part of the foreign policy of group. deals with the future. I hope the sanc- this country. Mr. President, as I mentioned earlier tions task force set up by the leader- Now, just weeks ago the Senate in the debate today, I visited with the ship will deal with the present and past passed the Iran Missile Proliferation presidents of the 50 farm bureaus in our sanctions. Sanctions Act by an overwhelming country. I visited with them because Mr. President, I ask for careful con- vote of 90 to 4. Why did we do that? In they are concerned about the farm sideration by this body of my amend- order to place a cost on the specific prices that we have been talking about, ment. I am hopeful it will be a strong companies for transferring dangerous and I am concerned as well. Very clear- plank in this appropriations bill. ly, the farm organizations of our coun- I thank the Chair. missile technology to a terrorist re- try have a strong and clear agenda, to Mr. HELMS addressed the Chair. gime in Iran which will use that tech- which I subscribe. They believe that we The PRESIDING OFFICER (Ms. COL- nology to destabilize the entire Persian must pass fast track authority for the LINS). The Senator from North Caro- Gulf region. President, that we need reform of the lina. Now, we authorize the President to IMF and replenish those funds, and Mr. HELMS. I thank the Chair. sanction states and foreign companies that we must have sanctions reform. Madam President, I rise in respectful that threaten the safety of the Amer- The American Farm Bureau has been opposition to some of the implications ican people by spreading nuclear, a strong contributing member to the of the amendment offered by my good chemical, and biological weapons of U.S.A. Engage movement, which now friend, the distinguished Senator from mass destruction. We authorize sanc- includes 675 American companies who Indiana, Mr. LUGAR. Now, we all know tions on states, and when I say the are involved in exporting. The Amer- that sanctions have come under assault word ‘‘states,’’ I mean governments, ican Farm Bureau and these American of late. It is the politically correct foreign governments, which provide companies are companies who say, first thing to do amidst Senator LUGAR’s training, weapons and political or fi- of all, that sanctions have to remain a and my friends in the business commu- nancial and diplomatic support to ter- part of our foreign policy apparatus; nity. And I think neither Senator rorists who kidnap and murder Amer- that unilateral sanctions, those im- LUGAR nor I has failed to stand up for ican citizens. We authorize sanctions posed by ourselves, usually fail and the free enterprise system and the on governments involved in the smug- usually cause more harm upon us than business community when the commu- gling and transshipment of illegal upon the target countries; that on oc- nity deserved to be supported, which is drugs that poison our children. We au- casion we may be so outraged that we most of the time. thorize sanctions on governments that may be prepared to accept that cost, Nevertheless, there are some power- commit acts of genocide and armed ag- understanding that the harm to our ful corporate interests in this town gression against their neighbors and jobs and our income will be greater which have launched a well-financed crimes against humanity. than that which we have fostered. But, lobbying campaign against sanctions, The question must be faced: Are we Mr. President, the farmers of America all sanctions, in an obvious attempt to unreasonable in doing this? Should we July 15, 1998 CONGRESSIONAL RECORD — SENATE S8189 be ashamed? I do not think so. Obvi- its existence has been killing innocent their slumping welfare state economies ously, sanctions are not always the an- civilians—is now deemed a sanction? are driving them to employ increas- swer. I do not contend that they are, What this amendment, I fear, pro- ingly mercantilist foreign policies. but we cannot escape the fact that poses to do is to enshrine U.S. foreign Right now the United States is wag- sometimes they are the only answer. aid giveaways as an entitlement, an en- ing a lonely battle at the United Na- I think we better face the facts. titlement to foreign countries. tions to stop our allies from caving in There are only three basic tools in for- Wait one moment before jumping to and lifting U.N. sanctions on Iraq. If it eign policy. There is diplomacy, sanc- conclusions. While this amendment ex- were up to the French and the Rus- tions, and war. Without sanctions, pands the definition of sanctions to ab- sians, international business would be where would we be? Our options with surd proportions, it doesn’t cover all rushing headlong into Baghdad to the dictators and proliferators and ter- sanctions. Oh, no. You see, our friends renew commercial ties with Saddam rorists of this world would be three: in the business community—and they Hussein, notwithstanding his contin- empty talk, sending in the Marines, or are my friends, and they are Senator ued defiance of U.N. weapons inspec- withdrawing into isolation. And I for LUGAR’s friends—and their lobbyists tors. Yet, we should give these people a one am not willing to place such artifi- who helped write this amendment have veto over our national security policy cial limits on our foreign policy op- quietly carved out an exemption for bi- that was won through the sacrifice and tions. lateral sanctions they like—sanctions courage and blood of American men But this is exactly, I fear, what the that directly benefit them. The same and women just 7 years ago? pending amendment proposes to do. folks who are busy telling us that sanc- I believe we need sanctions reform. Perhaps the Senator from Indiana can tions don’t work and should be One reform we might consider is re- persuade me and the remainder, the scrapped, have ensured that certain re- quiring that the sanctions which Con- rest of the Senate that that is not in- taliatory trade sanctions are exempt gress passes would be actually imple- tended and at least make some state- from the restrictions of this legisla- mented. Not long ago, Congress passed ments for the RECORD that can be tion. the Iran-Libya Sanctions Act—a tar- viewed in the future. The way some in the business com- geted law much of whose language, I In practice, this amendment is not munity have influenced the crafting of might add, was drafted by the Clinton about sanctions reform as it states. It this amendment, Congress would be administration itself. Live on CNN, the is an obvious attempt by opponents of hamstrung in implementing sanctions President signed it into law with great sanctions and the business community against any nation that poses a threat pomp and circumstance. But then, to hamstring Congress’ ability to au- to the safety of the American people, when the time came to implement that thorize sanctions. The proposed amend- even if a government proliferates dan- law, the President lost his nerve and ment would tie Congress’ hands with gerous weapons of mass destruction, the U.S. foreign policy suffered yet an- mandatory waiting periods for the im- commits genocide, or supports terror- other devastating loss of credibility. plementation of all sanctions, require ists responsible for murdering Amer- The distinguished majority leader, mandatory sunsets on all future sanc- ican citizens. But, if they flood the Mr. LOTT, and the Senate minority tions laws and define a wide range of American market with cheap tele- leader, Mr. DASCHLE, have established a congressional actions known or re- vision sets—whoa, that is a different bipartisan ‘‘sanctions reform task ferred to as ‘‘sanctions’’ when they are proposition. We can throw the book at force’’ to determine if, as critics have nothing of the sort. them. complained, Congress has gone ‘‘sanc- This amendment, I fear, would im- Under this amendment, the President tions mad.’’ This, in my view, is a wise pose a mandatory 2-year time limit on would be prohibited from implement- plan, and I serve on that task force; the all U.S. sanctions law. I’m afraid that ing sanctions against any country for Senator from Indiana serves on it, as would be opening a Pandora’s box. at least 45 days, supposedly under the does Senator GLENN and other inter- Imagine if this was the law of the land guise of a ‘‘cooling off’’ period. On the ested Senators from both parties. The when the United States enacted the surface, that sounds pretty reasonable. first question we are seeking to answer Arms Export Control Act which pro- But in practice, a 2-month lapse is not is, What is a sanction? In fact, we are hibits the sale of sophisticated weapons only foolish, it can be downright dan- having a hearing planned for July 31 to to nations that the State Department gerous. study this and other questions. determines annually support terror- One example—after the Libyan ter- In conclusion, Madam President, in- ism—governments like Syria, Iran, rorists blew up Pan Am flight 103, mur- stead of rushing forward with any sort Iraq, Libya and North Korea. Would we dering 263 innocent citizens in cold of ill-considered amendment—and I say have wanted those sanctions to be blood, the United Nations spent that as respectfully as possible—the eliminated under an arbitrary 2-year months and months debating appro- ramifications of which are unknown to timetable? I think not. priate actions against Libya. Mean- most Senators, we should let that task Further, what exactly is meant by while, Libya divested itself of most force do its work and consider ways the term ‘‘sanctions’’? The pending reachable assets in order to avoid the Congress can strengthen its consider- amendment, it seems to me, breaks impact of sanctions. So the pending ation of proposed sanctions laws. new ground on what henceforth would amendment would essentially afford Those who are prone to criticize the be considered a ‘‘sanction.’’ Under this other terrorist states the same cour- ‘‘impulsive’’ actions of the U.S. Senate, amendment, it seems to me, the denial tesy. While the United States ‘‘cools actions which I happen to believe are of U.S. foreign aid would be deemed a off’’ for 45 days, the terrorists, the motivated by a devotion to the secu- sanction. Any conditionality on U.S. proliferators, the genocidal dictators, rity of this country and its people, funding to the World Bank or the IMF would have 2 months to quietly divest should themselves be wary of impulsive would be a ‘‘sanction’’ on a foreign gov- their finances and conceal the evidence ‘‘one-size-fits-all’’ solutions such as ernment. And let me remind Senators and provide safe haven for fugitives. this amendment. that since it was created in 1945, Amer- That strikes me as being something I thank the Chair. I yield the floor. I ican taxpayers have anted up billions short of reform. suggest the absence of a quorum. of dollars for the World Bank and now The pending amendment would not The PRESIDING OFFICER. Will the the antisanctions crowd tells us that place these requirements on multilat- Senator withhold his request? we can’t place any conditions on the eral sanctions. Of course, multilateral Mr. HELMS. I certainly will. expenditures of those funds. sanctions are more effective than bilat- The PRESIDING OFFICER. The Sen- According to a recent report by the eral sanctions. But, should the United ator from South Dakota is recognized. USIA, the conditions placed by Con- States be handcuffed to the will, or Mr. JOHNSON. Madam President, I gress on U.S. foreign aid to the Pal- more likely the lack of will, of the so- will be very brief. I commend my col- estinian Liberation Organization are a called international community? league from Indiana for his sponsorship ‘‘sanction.’’ Really? Conditioning U.S. Should we tie our hands to the whims of this amendment to the agriculture foreign aid to the PLO—an organiza- of our European ‘‘allies’’—and I put appropriations bill. In my view, it is tion whose modus operandi for most of quotation marks around allies because long overdue that this Senate develops S8190 CONGRESSIONAL RECORD — SENATE July 15, 1998 a more thoughtful, more deliberative, a proud to be a cosponsor of the amend- least in one aspect of these, that we more analytical approach to our sanc- ment, along with a number of my col- know and understand what the cost- tions strategy on the part of the United leagues. To use the language in an- benefit relationship is. States. other situation, this is indeed a very Madam President, at a later point in An observer noted during this discus- modest proposal. This is prospective. It this debate, I will offer another amend- sion last week that Congress is in gen- affects none of the sanctions that are ment dealing with food and medicine, eral opposed to sanctions, but in spe- presently in place. to merely just take food, medicine, and cific supports each one of them that As the Senator from Indiana has agricultural products off the table as a comes along—all too often, sanctions rightly pointed out, sanctions are a tool of sanctions, for the primary rea- that are contradictory, that are coun- very effective and useful tool when ap- son that I don’t think it has any im- terproductive, that do not, in fact, plied well. I think the threat of sanc- pact on trying to modify the behavior carry out the goals of the sanctions tions may have an even greater impact of nations on whom we have a substan- themselves. So I think the framework in utility. I certainly agree with him tial or less-than-substantial agree- that Senator LUGAR of Indiana has de- on that. ment. I will wait for the appropriate veloped, which would cause us to ap- What he is merely asking us to sup- time to do it when this debate is con- proach this in a much more analytical port today is that when a proposed cluded. perspective—to see to it that we have a sanction is being suggested by the ex- I also have authored, along with my cost-effectiveness that results from our ecutive branch—by the way, I wish we friend, whom I see on this floor, who sanctions, or even if it doesn’t, that we were applying this to ourselves because has cosponsored that amendment, Sen- deal with the sanction from that per- too often, when the Congress of the ator HAGEL from Nebraska, Senator spective—I think makes all the sense United States offers sanctions legisla- ROBERTS from Kansas, Senator WARNER in the world. tion, which is oftentimes where these from Virginia, Senator BURNS from It is true that sanctions most often bills originate, we should also be ask- Montana, Senator DORGAN from North are effective when they are multi- ing the question of what is the cost- Dakota, proposals that will deal with a national in nature. There is nothing, as benefit effect of this proposal. It broader issue of how sanctions ought to I understand Senator LUGAR’s amend- doesn’t say don’t impose the sanction. be dealt with. But I will save that de- ment, that says we can only engage in In fact, there may be situations that bate for a later day. It is a broader multinational sanctions. We can en- arise when, in fact, the outrage is so question and one for which we have a gage in unilateral sanctions if we so egregious that is the subject of the task force taking a look at some of choose. We can engage in sanctions sanction that we would be more than these issues. I certainly want to make that may not be cost-effective, if we so willing to pay the economic price to sure we are heading in the right direc- choose. But we ought to be fully cog- impose it. This amendment does not tion. On the food and medicine and agri- nizant of the nature of the sanctions preclude that result. It merely suggests cultural products, I think that makes a and their consequences if, in fact, we that we have some ability to make an lot of sense, and I will offer that at the are going to go down those roads. It is analysis of what that relationship appropriate time. not tying our hands, it is not tying the would be and to ask for a few days to allow for objective analysis of what the I conclude by urging my colleagues hands of American foreign policy or to be supportive of the Lugar proposal. trade policy or economic policy, to sanction cost might be. I hope this will enjoy strong, unanimous, bipartisan It is a significant step in the right di- know with certainty what it is we are rection and one that I think deserves doing and to approach it in the kind of support. We have heard eloquent statements broad-based support as we try to sort thoughtful manner that Senator LUGAR out how best to advance our foreign suggests. made on the floor of this Chamber, Madam President, over the last several policy interests while not unneces- There is nothing in this amendment, sarily doing damage to our own Nation as I see it, that constitutes the devel- weeks, as I think all of us have begun to focus on sanctions policies as a re- and to innocent people around the opment of an entitlement for foreign world, particularly in the unilateral aid or anything of that nature. I think sult of the tragic events in India and Pakistan with the detonation of nu- application of these sanctions. that is a gross misreading, not only of With that, Madam President, I yield clear weaponry. That was a very sad the intent, but the actual effect of this the floor. amendment. There is nothing that occasion, still a very worrisome occa- Mr. HAGEL addressed the Chair. would restrict the ability of the Amer- sion in terms of what it means and the The PRESIDING OFFICER. The Sen- ican Government to impose sanctions implications for us in the near term ator from Nebraska is recognized. as a response to terrorism or genocide and longer term. Mr. HAGEL. Thank you, Madam or the development of weapons of mass If there has been any silver lining, if President. destruction. It does not tie our hands you will, in these clouds, to draw an I rise to support Senator LUGAR’s in that regard. even tighter analogy, it is that I think amendment. I am an original cosponsor I want to say that I think we made a everyone in this Chamber has stepped of that amendment. I am an original step in the right direction this past back a little bit and said, cosponsor of the Lugar amendment be- week with the handling of the sanc- What are these sanctions policies and how cause I believe the Lugar amendment tions that were about to be imposed on do they work? What is going on here? Are we applies some common sense and some Pakistan in terms of agricultural sales. really achieving the desired results that are relevancy to the issue of sanctions. the subject of our rhetoric in speeches? Are I know that we have a bipartisan I think it is appropriate that this we causing policies to be changed in coun- amendment be brought up in the con- tries on whom we impose sanctions? Are the task force on sanctions. I think most of text of this particular bill. political elite of these nations affected by this body supports the efforts of that Again, I thank the Senator from In- our policies? Are they in some way being im- task force, but I don’t see any conflict diana for a great deal of work, a great pacted by these decisions? What damage do in what Senator LUGAR is proposing deal of thought and care that has gone we do to ourselves in the process as a result today, and what Senator DODD and oth- into this. The foreign policy of the of sanctions being imposed? Are average peo- ers will propose later, with the task United States and oversight that this ple in these countries, who have nothing to force assignment. do with setting policies, being affected in body, the U.S. Senate, can exercise will It is interesting to note that since some way? What does that do in terms of 1993 we have imposed 65 unilateral be enhanced and not detracted from by eroding support for our country and our poli- the adoption of this amendment. cies where public support in foreign coun- sanctions on 35 nations. We have some I yield back my time. tries can be pivotal in unpopular decisions responsibility to give some focus and Mr. DODD addressed the Chair. that may have been made by allies of ours some understanding to our trade pol- The PRESIDING OFFICER. The Sen- around the world? What sort of corrosive ef- icy, which is part of our foreign policy, ator from Connecticut is recognized. fect do sanctions have on those decisions? which is connected to our national se- Mr. DODD. Madam President, I, too, I think these are good questions that curity, which is connected to our econ- rise and commend our colleague from deserve answers. What the Senator omy and jobs and growth and produc- Indiana for this amendment. I am from Indiana has suggested is that, at tivity. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8191 I fail to appreciate why this is not A study by the National Association I am pleased to be here to speak as a relevant, why this is not important. of Manufacturers found that from 1993 cosponsor of the amendment that he This is not getting in the way of the to 1996 we imposed, as I mentioned, an- has offered. It makes good sense to me. task force. The task force, as I under- other 61 sanctions. These 35 nations— And I say, I think, as the Senator from stand it, is to help frame up this issue. these 35 nations—where we have im- Nebraska said, I would only go further This amendment would not undo any posed these sanctions make up 42 per- than this. I certainly support this. I existing sanctions. This amendment cent of the world population. Almost think it is a step in the right direction, would establish a process for a more ra- half of the 5.5 billion people on the but there is even more that we can do. tional consideration of future use of Earth are included in these sanctions The question that is required to be sanctions. Sanctions surely must re- and 19 percent of the world’s export asked now is, When we impose sanc- main a tool of foreign policy, but sanc- market—$800 billion. tions around the world, for various pur- tions are not foreign policy. Sanctions Who are we kidding here? Who are we poses, many of them important pur- are only effective when they are multi- hurting? We are not isolating anybody poses that deal with national security lateral. The world is dynamic. The except ourselves. We are isolating our and other issues, should those sanc- world is changing. Trade is spherical. producers, our farmers, our ranchers, tions include the shipment of food and It moves. It will move right over the our manufacturers. We are isolating the shipment of medicine? top of us unless we attempt to manage ourselves. And for what end? Bring a Frankly, I wonder if anyone believes the movement. little sanity and common sense to this? that Saddam Hussein has ever missed a Every great event in history has pro- I think so. I think so. meal because of sanctions imposed by duced new opportunities, new chal- I might add, is there something real- this country. Does anybody believe lenges, new threats, new uncertainties, ly wrong about business actually step- that Saddam Hussein has missed a and the collapse of the Soviet empire ping into this debate? Is there some- meal? I do not think so. We cut off food has given the world great new opportu- thing really wrong about having busi- shipments to Iraq. And if Saddam Hus- nities and hope. Only one nation on ness say, ‘‘Gee, we’re being hurt’’? Is sein is making all of his meals, guess Earth can help lead the nations of the that a special interest? Is American who misses their meals? It is almost al- world to that hope and opportunity, business a special interest? Is industry ways the poor and the hungry who are and trade surely must be a major part a special interest, people who work in injured when you cut off shipments of of that. business and the industry, produce food. Why in the world would we continue jobs, create wealth, pay taxes? Be care- Does anybody believe that Fidel Cas- to impose unworkable, unachievable, ful of that special interest. Be careful tro does not eat well nearly every meal outdated, irrelevant policy rather than of that special interest. That is Amer- when he chooses to have what he wants looking forward, getting us into the ica. That is why we are the most pow- to eat? But when we cut off food ship- next century, with the promise that erful, dominant, free nation on Earth. ments to Cuba, we know that it will be only this country can give? A new study by the International In- the poor and the hungry who will be in- Does anybody really believe, in this stitute of Economics estimates that, in jured by that. body, that any nation on Earth cannot 1995 alone, unilateral sanctions cost Our country, for very legitimate rea- get any service, any commodity, any Americans $20 billion in lost exports, sons, says we are very concerned about product if they want it from some losing 200,000 jobs. That does not in- what is happening in Iraq, Iran, Libya, other nation? Of course not. This is a clude, Madam President, what is re- Cuba, and more. For legitimate reasons new world. Both the President and the ferred to as the ‘‘downstream loss.’’ we say that. I am sure the Senator Congress want some control of the The downstream loss, when you lose from Indiana, at greater length than issue of sanctions. We want some defi- markets—it means the suppliers and any others of us, could recite the for- nition of what this is about. The Con- the jobs and the adjunct jobs—no way eign policy issues and the national se- gress of the United States owes this to really calculate that. curity issues that attend to those Nation some leadership on this issue. The National Foreign Trade Council countries and their relationship with The President must lead on this issue. has identified 41 separate legislative us and others in the world. Senator LUGAR has described his studies on the books that either re- But the question before us is not, amendment in detail. It would sunset quire or authorize the imposition of Should we be concerned about those new sanctions after 2 years. The way it unilateral sanctions. countries? Of course we should. The is now, Madam President, we go on and Well, it goes on and on. The fact is, question is, When we impose sanctions, on with sanctions. This amendment Madam President, what Senator LUGAR what should those sanctions contain? starts to clean up sanctions. Do we is doing is important. It is really rel- Is it in our interest and in the interest need them? Are they relevant? Does evant to today. It is more relevant to of the hungry and the poor around the the world change? I fail to see that our future. It is relevant to our place world to include in those sanctions the that is a threat to our foreign policy in the world. What is the U.S. interest withdrawal of shipments of grain and and to those who wish us ill. in the world? It is relevant to our chil- the withdrawal of shipments of medi- It would require cost-benefit studies. dren, and it is relevant to everything cine? My goodness, imagine that. What a ter- we are and who we are. That is why I I have clearly an interest here on be- rible thing—a cost-benefit study. It strongly support this, why I was an half of family farmers. I represent one would require an effort, first, to make original cosponsor, and why I urge my of the most agricultural States in the sanctions multilateral. It would re- colleagues to vote in favor of this Nation. And nearly 10 percent of the quire an evaluation of whether a sanc- amendment. market for wheat is out of limits or off tion is likely to achieve its policy goal. Madam President, thank you. I yield limits to our family farmers because Again—again—what a questionable ob- the floor. we have decided to impose sanctions jective. My goodness, actually focusing Mr. DORGAN addressed the Chair. and therefore take those markets off on an action and figuring out, if you The PRESIDING OFFICER. The Sen- limits to our farmers. Does that cost can, if there are consequences, if it is ator from North Dakota is recognized. farmers money? You bet. It takes workable. Mr. DORGAN. Madam President, let money right out of their pockets. They I know some in this body care occa- me applaud the Senator from Nebraska are, in effect, told by these sanctions, sionally about a headline, about a press for a statement that I think was elo- ‘‘You, Mr. And Mrs. Farmer, you pay release. quent and filled with good sense. And I the cost of these sanctions. You pay A CRS study, January 22, 1998—this certainly want to associate myself the cost as a result of lost income.’’ year—listed 97, total, unilateral sanc- with the remarks he has just made. Where I would go further is, I would tions now in place. Since that report And even though we were on different support and am a cosponsor of an came out, we have added sanctions sides of the previous amendment, let amendment that will be offered by Sen- against India and Pakistan, for a total me say, as I did previously, the Senator ator DODD, and I think cosponsored by of at least 99 sanctions now in place. from Indiana is a very respected Sen- Senator HAGEL, saying, let us not in- We dealt with some of that a little ear- ator, someone for whom I have great clude food and medicine in future sanc- lier. respect on foreign policy issues. tions. That is not appropriate as part S8192 CONGRESSIONAL RECORD — SENATE July 15, 1998 of sanctions. I am a cosponsor of that any damage or likely damage to pro- Now, there are some who would like amendment to be offered. I would go ducers and so on. to make it that the new legislation cre- further to say, this country ought to I fully support that and I am pleased ating an open market at some time in decide, if it is to impose sanctions in to be a cosponsor, but I say again we the future, a totally free and open mar- the future, or for sanctions that now have much, much more to do. Hubert ket, is the cause of the problem. That exist, it ought to reimburse farmers for Humphrey, many years ago, used to is not the cause. The cause is that the cost of those sanctions. Why should say, ‘‘Send them anything they can’t America’s trading in foodstuffs and this country simply say, ‘‘Here is our shoot back.’’ What he meant by that is products from our farms is not working desired effect, Mr. and Mrs. Farmer. it will never injure our national secu- as well as it should because we have You pay the cost of it’’? If it is for na- rity interests to send American food done something that is harming it, or tional security, let it come out, then, around the world, to sell it in markets failed to do some things that would of the national security accounts from where we can sell it, and to move it to cause it to work better. which we pay for many other matters, other markets under title II and III Let me repeat one more time, why in and say to family farmers, ‘‘We’ll reim- under Food for Peace, and in some the world are we still holding up IMF? burse you for those lost markets.’’ cases, title I, in other markets where If we want to reform it, why don’t we That is an amendment I am thinking of they cannot afford to purchase it. It is reform it and pass it? There is hardly offering to this as well. We will see always in our best interest. Is it in the anybody in agriculture or American in- what results from that. best interest of farmers? Of course, but dustry that hires our people that But it is required, I think, to say, as it also happens to run parallel to the doesn’t think we ought to do that. we discuss this issue, as I said earlier national interests of our country. Now, Senator LUGAR would like to do today, there is some horrible dis- Let me finish where I began and say that. That isn’t what he is doing here connection in this world. I am pleased to vote for this amend- today. He is doing the next best thing. Halfway around the world there are ment, pleased to be a cosponsor, and If that isn’t a prescriptive manner, people in Sudan, we are told, old will cosponsor an amendment that will postmanner, trying to get rid of some women, climbing trees to forage for go further, that Senator DODD will of the nonsense of the unilateral, bilat- leaves to eat, leaves because they are offer, and may offer one myself, that eral and multilateral situations that on the abyss of starvation; a million to deals with present sanctions and reim- we have where we say we can’t sell a million and a quarter of them are on bursement to farmers for those sanc- countries our product. Why don’t we the edge of starvation because they tions, saying that the Government get on with fast track? If you want to don’t have enough to eat. ought to not force them to bear the full talk about what would help our farm- Turn the globe another halfway burden of the cost of sanctions. ers, that is what would help. Get Amer- around and you will find America’s But I thank the Senator from Indi- ica’s trade markets open so they can farmers, who are the economic all- ana for offering this amendment. I sell their products. stars, produce food in abundant quan- yield the floor. Obviously, what we are doing here tity, and they are told in our system The PRESIDING OFFICER. The Sen- today is a very rational, sensible ap- that when they take that grain which ator from New Mexico is recognized. proach to a very, very, confused set of represents that food to market, that Mr. DOMENICI. I do not intend to policies which are not working to their product doesn’t have value, delay matters at all. Whenever the America’s benefits, which we can pass doesn’t have worth. There is something chairman is ready to go, I certainly and then sit back and say we did some- that is terribly disconnected about won’t be on my feet. I want to rise and thing. Isn’t that great; we did some- that. congratulate Senator LUGAR and those thing. We never measured it. I gather I have been in many parts of the who helped put his amendment to- the new guidelines will ask us to at world. What I remember most about gether. I am a cosponsor, but I don’t least measure before we do it; is that the desperate poverty and hunger that take credit for any of the innovation correct, Senator LUGAR? exists, for example, is in the desperate Mr. LUGAR. Yes. and thoroughness of this work. Mr. DOMENICI. At least measure be- slum called Cite Soleil, on the out- I just want to say on a very personal fore we do it. skirts of Port-au-Prince, Haiti. You see note that every now and then when you I commend you again, Senator see things out in our country or in the poverty as bad and conditions as des- LUGAR. You have done it a number of perate as anywhere else in the world. I world sort of mixed up, and you see times before. We have been here a long leaned over a crib where a young child mixed signals, you wonder just what is time together. I regret, even though was dying of starvation in one of the our country doing, and somebody like the color of your hair might indicate to worst slums you can imagine. This DICK LUGAR comes along and makes the contrary, I have been here longer child had no one. The child had lost sense out of something that appears to than you. Nonetheless, we have been most of its hair; what hair was left was be just a mess. here a long time together. I do com- turning red as a result of severe mal- There can be no question, whatever pliment you because every now and nutrition and starvation. This child, support there is in this body for sanc- then when things are confused, you the doctor told me, was dying. tions—and clearly they must be an in- make up for that and come up with I thought to myself, there is such a strument, a tool—whatever support something like this. terrible, terrible, disconnection here there is for that concept does not mean I yield the floor. because we produce food in abundant our country ought to be living under a The PRESIDING OFFICER. The Sen- quantity. How on Earth can moving ‘‘quilt’’ of sanctions, many of which ator from Kansas is recognized. food around the world to all parts of are just bilateral between us and some Mr. ROBERTS. Madam President, I the world that need our food in a way country, when we already know that would like to join the chorus of well- that connects our interests to the in- many of them don’t work or they work deserved accolades—common-sense, I terests of those who need it, how on to our detriment. guess, accolades for the distinguished Earth could that ever threaten our na- Here we sit today with an emerging Senator from Indiana, the outstanding tional security? It does not and it crisis in agriculture, probably mostly chairman of the Senate Agriculture could not. from the Asian flu; that is, from the Committee. The Senator from Indiana offers an failure in the Asian markets because of The Senator from New Mexico has amendment on the issue of sanctions. their banking systems falling apart, summed it up very well. I am not going It is very simple. It describes sanctions and those people can’t buy the prod- to take the Senate’s time to repeat in the future. We ought to deal with ucts they were buying. Nonetheless, what has already been said in regard to sanctions that now exist, as well. It de- when we added Pakistan for something this debate. Senator LUGAR has already scribes conditions for the imposition of they did, which we were all worried done that. Others have done that. those sanctions that deal with unilat- about, and they depended upon our I do have a statement that involves eral sanctions. It says the Secretary of grain and that kind of product to feed obvious ‘‘golden words of truth’’ in re- Agriculture should use export assist- their people, obviously American agri- gard to this issue that I will simply in- ance under various programs to offset culture is hurting. sert for the record, but I do want to say July 15, 1998 CONGRESSIONAL RECORD — SENATE S8193 again that the use of sanctions as a for- publicans or Democrats ran the Con- years, sanctions have been used far eign policy tool have skyrocketed since gress, the use of sanctions as a foreign more frequently than ever before in the conclusion of World War II. The policy tool has literally sky-rocketed U.S. history. This isn’t an indictment last 4 years, as has been said on the since the conclusion of the Second of the current administration or any floor, 61 new U.S. laws or executive ac- World War. In fact, in just the last four previous administrations; it is simply tions were enacted authorizing the uni- years, 61 new U.S. laws or executive ac- an assessment of how U.S. foreign pol- lateral sanctions against 35 countries, tions were enacted authorizing unilat- icy is changing. Instead of using our in- and in all, over 70 foreign nations rep- eral economic sanctions against 35 fluence and diplomacy to encourage resenting 75 percent of the world’s pop- countries. All in all, over 70 foreign good behavior, we attempt to use our ulation are currently subjected to a states representing nearly 75 percent of power to punish bad behavior. And as unilateral sanction by the United the world’s population are currently I’ve just discussed, whether used as a States. subjected to unilateral sanctions by threat to try and prevent unwanted ac- These are easy perceptions, I guess, the United States. tions or imposed as a punishment for actions that people take. I think in Unfortunately, with few exceptions, undesirable actions, sanctions rarely earlier days we used to call it gunboat sanctions very rarely work. In order work. diplomacy. Maybe we sent a gunboat for sanctions to be successful, the Although most sanctions are imposed over to a nation to demonstrate our United States must—absolutely must— directly by the President, unilateral unhappiness with a foreign nation and convince the entire rest of the world to sanctions can be particularly damaging their policy. But there have been ter- join our boycott. Unless this occurs, when they are imposed by Congress. rible repercussions in regard to these the sanctioned country simply gets The President of the United States is sanctions. They do not achieve their what it needs—food, financing, etc.— the Commander in Chief of our coun- policy goals. They are very counter- from the other countries that chose try. He is charged with implementing productive, and as has been indicated not to join the Sanctions Circle. our foreign policy. While the Congress by some across the aisle, and others, There are two serious repercussions can and should be involved in the con- we shoot ourselves in the foot. So the when this happens. First, the sanctions struction of that policy, the President distinguished chairman has, for a con- hurt us instead of their intended is ultimately responsible for imple- siderable amount of time, taken a look targert. Yes, that’s right, when U.S. menting it. When the Congress forces at the overall objective of sanctions businesses lose access to markets for the President to impose sanctions on a and what has happened in a counter- their products, U.S. workers lose job country for a given action or behavior, productive way, not only to U.S. agri- opportunities. So instead of joining us it takes away the flexibility the Presi- culture, but the entire U.S. economy in professing outrage about some par- dent needs to address distinctly dif- and the global marketplace. He has ticularly repugnant act, foreign gov- ferent foreign policy problem that may come up with a comprehensive, ernments simply feign indignation arise. The Congress basically says, ‘‘we thoughtful approach, and it is commen- while they quietly slip in to take away don’t know or care what caused the ac- surate with the debate that will take business from U.S. companies. And if tion or behavior; however, we insist place and the discussion that will take you don’t think that’s true, just ask a that you impose these sanctions re- place in this body with regard to sanc- foreign businessman or government of- gardless of what the ramifications may tions reform overall. ficial whether they support or oppose be.’’ That is a dangerous and irrespon- There are those of us—Senator DODD, the American penchant for unilateral sible manner in which to conduct U.S. Senator HAGEL, Senator BIDEN, as well sanctions. They love it and they hope foreign policy. as Senator LUGAR and myself—who it continues. Let me make one other point regard- want to take a look at all of the sanc- Yes, this is the second repercussion. ing the perception of the United States tions that we have in place. And that is Foreign governments—even our allies— abroad. Foreign countries and their appropriate. We have taken action in a have figured out that by refusing to citizens do not distinguish between 98–0 vote last week regarding the GSM join the United States in imposing U.S. military/diplomatic policy and program and the possibility of selling sanctions, their countries actually ben- U.S. trade policy. To them, they are wheat to Pakistan. The chairman was efit. What a bonus! They can stick it to the same thing. To them, it’s just a real leader in that effort. We have the United States and create new mar- plain, old-fashioned U.S. foreign policy. taken action now by unanimous con- kets for their businesses at the same When the United States imposes uni- sent on the India/Pakistan situation, time! As a result of this revelation lateral economic sanctions, when we which will give the administration throughout the world, it has become fail to pass fast track negotiating au- flexibility to deal with that issue. The nearly impossible for the United States thority, when we fail to renew IMF next logical step is to consider, and I to build a unanimous case for sanctions funding and when we threaten to with- think favorably pass, the Lugar reform against anyone. hold regular trading status with China, initiative. So I stand in solid support of Just look at Iraq. If ever a case could the prestige and authority of the the chairman for what he is trying to be made for sanctions, Saddam Hussein United States in foreign affairs is do. is the poster child. After all, armed ag- greatly and permanently diminished. Madam President, U.S. influence, gression against a peaceful neighbor I yield the floor. prestige and resolve in foreign affairs and use of weapons of mass destruction Mr. KYL addressed the Chair. currently rests at a cross-roads. The on one’s own citizens are truly rep- The PRESIDING OFFICER. The Sen- United States, which has prided itself rehensible offenses, right? Surely Iraq ator from Arizona is recognized. on providing international leadership deserved tougher sanctions when Sad- Mr. KYL. Madam President, I would through strength and by example, has dam refused to accept U.N. weapons in- like to speak to this amendment and increasingly turned away from that spectors just a few months ago, right? express a contrary view to that ex- legacy by embracing ambivalence and Wrong. When Saddam pulled his latest pressed by my colleague who has just sanctions instead of engagement and stunt, the vast majority of the world spoken. With all due respect to the respect. Nowhere is this more clear flatly refused to support further sanc- Senator from Indiana, who has put a than in the area of unilateral economic tions. If we can’t build a case for sanc- lot of work into this, and who has of- sanctions. tions with Saddam Hussein as our tar- fered the amendment, and while agree- The United States in recent years get given the utter disregard he has ing with much of what is in the amend- has developed a seemingly uncontrol- shown for the United States and the ment and much of what he proposes to lable desire to show our displeasure rest of the world, will we ever be able try to do, I have to object for two rea- over a specific action, behavior or be- to? I wonder. sons to the consideration of the amend- lief in a foreign country by punishing Where do sanctions come from any- ment at this time. that country through the imposition of way? They usually are issued by the First of all, it is in reaction to—at unilateral sanctions. Regardless of President under the authority of at least partially, although he has been at whether a Republican or Democrat was least twelve different laws governing this for a long time, and understanding President, regardless of whether Re- international affairs. Again, in recent that we do need to make some S8194 CONGRESSIONAL RECORD — SENATE July 15, 1998 changes—what has occurred with the every year about how much foreign aid come. Some administration people sanctions placed on India and Paki- we may want to give to a country. have objected to the President playing stan. We just resolved the issue with Should that be subject to the limita- by the same rules as the Congress. Nev- India and Pakistan primarily because tions imposed in this amendment? How ertheless, the amendment is even- of the amendment we just passed, about export controls on sensitive U.S. handed. He has to fill it in. But he has which eliminates the agricultural com- technology? emergency powers, of course. ponent, broadly defined, of the India/ We just came from a very highly Mr. MCCONNELL. So, if I can follow Pakistan sanctions. Therefore, to the classified briefing of a committee that up with the Senator from Indiana, is extent that my colleague, Senator was specially appointed to examine the that the 614 national security waiver? ROBERTS, was just speaking, and others missile threat to the United States. Does that sort of override everything? who have talked about the impact on That report is, I must say, extraor- Is that some sort of override? our farmers as a result of the imposi- dinarily concerning, I am sure, to ev- Mr. LUGAR. If that is the correct tion of those sanctions, we have solved erybody who received it. On some of text of the national security waiver, that situation. the countries that pose this threat to yes. As a matter of fact, if you analyze us, we have imposed stringent export Mr. KYL. We will get back to that the other sanctions imposed as a result controls with respect to sensitive tech- because I am not sure—if that is the in- of their nuclear tests, it gets down to a nology going to those countries, which tent of the Senator, I will have to see very narrow issue of some Eximbank could assist them in the development whether or not, in fact, it is effec- loans or World Bank loans primarily of their ballistic missile technology tuated. and, therefore, I urge us not to rush programs. Are we going to impede the Let me get to another national secu- into a consideration of this amendment President’s ability and Congress’ abil- rity issue. We have, I think, come to on this particular appropriations bill ity to impose those kinds of limita- the conclusion—most of us, but not all because of the need to fix something tions on the sensitive export of tech- in this body—that it would be a mis- that was not done with respect to India nology to countries that we don’t want take to put an explicit time limit, for and Pakistan, when we have already to have that technology? As I read the example, on our presence in Bosnia, or begun to solve that problem. an explicit time limit on certain other Secondly, because of the fact that amendment of the Senator from Indi- kinds of military activities or threat- sanctions have not always worked as ana, that is all covered. ening national security activities be- we have desired them, and because of We need to have a common definition cause, of course, what that does is en- the obvious deficiencies with the sanc- of what a sanction is in order to apply able the party against whom the action tions imposed on India and Pakistan, these kinds of limitations. And there is being taken to simply ride it out and the majority leader has appointed a bi- should not be a 45- or 60-day—I think it to understand if they can just get by partisan task force, consisting of Mem- is now reduced to 45 days—waiting pe- the next 60 days or 6 months, then they bers of both parties, with different riod. There are all kinds of things that backgrounds, to deal with this ques- would cause either the President or will not have to worry about that. So tion. We had a meeting yesterday. Congress to want to impose sanctions we have always taken the position that I am somewhat shocked that the Sen- right away and not wait 45 days. when it comes to this kind of thing— ator from Indiana would offer this Mr. MCCONNELL. Would the Senator national security—our actions should amendment today, because yesterday yield for a question? be somewhat open-ended to ensure that he said that he wanted to preserve the Mr. KYL. I am happy to yield. the other party begins acting in the option of proposing this amendment at Mr. MCCONNELL. Madam President, way that we would like to have that some time in the future. But he seemed I am not sure I ought not to propound party act. to agree with the majority opinion ex- this question to the Senator from Indi- Obviously, when you have a 2-year pressed there—in fact, all but one of ana. sunset on these kinds of sanctions, you the Members, in one way or another, It is my understanding that this eliminate that flexibility. I think that expressed a view that a September 1 morning the President announced sanc- is one of the reasons why most of us deadline was somewhat unrealistic in tions and trade reductions, under the have tended to want to support the trying to deal with this problem. The International Emergency Economic kind of review and analysis about Senator did preserve his option to offer Powers Act, against certain Russian which the Senator from Indiana is an amendment at a future date, but I companies. Is it the understanding of talking. Clearly, that kind of thing am shocked that it is offered today be- the Senator from Arizona that that is should be done. But there should be a cause the task force has not had an op- the kind of sanction that might not be mechanism for the Congress and the portunity to review this matter in any allowed under the Lugar amendment? President to, in effect, pull the plug on depth. Mr. KYL. Madam President, I will a sanction whose time has run rather Madam President, I would like to give the Senator my understanding of than to have an arbitrary time limit now discuss some of the things that we it, but I would be pleased, also, to refer for its imposition. talked about yesterday, which I think that question to the Senator from Indi- If the Senator from Indiana would will illustrate the fact that this ana. As I read it, that kind of sanction like to respond, I am happy to yield. amendment is prematurely offered at would, of course, be controlled by the Mr. LUGAR. Madam President, to this time. Again, notwithstanding the 45-day limit, and the rules of the Sen- answer the question posed, both the fact that the goals behind it—to review ate that would apply, and so on. I think President and the Congress can reau- broadly our sanctions policy and some the Senator from Indiana should defend thorize the action after two years. Ad- of the specifics about it, and to be more his own proposal. ditionally, they are constrained simply careful about how we impose sanc- Mr. LUGAR. I thank the Senator. to explain how successful things have tions—are both worthwhile and, in Mr. MCCONNELL. Then I pose the been and what their objectives were to many respects, something we can all question to him. begin with. But the law—at least my agree on, one of the things we can’t Mr. LUGAR. Clearly, the President, amendment—explicitly gives them the agree on is a definition of what a sanc- in the case of an emergency, has a ability to reauthorize. They have to tion is. There is a broad definition, ac- right to impose whatever sanction he take that affirmative action. cording to the Senator from Indiana. I wants. There is no prohibition. Obvi- Mr. KYL. If I could, Madam Presi- wonder whether we are really ready to ously, when national security is in- dent, go to another point; that is, the apply the limitations and the tests volved—and the national security situ- failure to discriminate among or be- that are called for in this amendment ation is explicitly mentioned—I think tween different kinds of sanctions. to foreign aid reductions, because as I that is important. But I ask the Presi- The amendment, as I read it, treats read the proposal, one of the sanctions dent to tidy things up. In other words, all sanctions alike. It does not differen- would be a reduction or elimination of after imposing the sanction, he should tiate between sanctions imposed for foreign aid. state, if he has not already, the objec- the transfer of nuclear technology, for U.S. aid is not an entitlement. We tives and benchmarks and the cost to example, or the exploding of nuclear are going to make different decisions the American people of jobs and in- devices in violation of treaties, and July 15, 1998 CONGRESSIONAL RECORD — SENATE S8195 sanctions imposed for less dangerous kinds of sanctions when we end up ac- tions and trade restrictions under the activities, for example. In a sense, tually adopting legislation. International Emergency Economic when one reads it, it appears to con- But, clearly, this is not something in Powers Act against certain Russian done sanctions which have as their which there is an easy one-size-fits-all countries. I am concerned, for example, goal the promoting of trade but se- solution. I fear that is what we are whether under this bill the President verely restricts sanctions for other doing by trying to rush this matter. could have taken that step. Maybe he purposes. I will be happy to yield the floor at should not have. Maybe that is the I understand that the Senators from this time. I will have other things to point of the bill. farm States have been very concerned say, but I know the Senator from Ken- But let me just say, Madam Presi- about limitations on exports of agricul- tucky, who chairs the task force, wants dent, that I am queasy about taking tural products. to speak to the issue as well. such a broad, comprehensive step, even As I say, I think we are all pleased to Mr. MCCONNELL. Madam President, though it is only prospective, before we support the amendment which enables as a follow-on to my good friend from have even had a chance to work our India and Pakistan to import American Arizona, let me say first I am a farm way through it. I confess that many of agricultural products. But I think we State Senator. I have been on the Agri- us have not spent the amount of time ought to examine this in a balanced culture Committee for 14 years. I am a the Senator from Indiana has already way and understand that many of the supporter of GATT, NAFTA, fast track, spent on it. He is undoubtedly one of sanctions are imposed for national se- and replenishment of the IMF, which the experts in the Senate on this sub- curity reasons. I think most of us un- we handle in our subcommittee of ap- ject. derstand that national security has to propriations for foreign ops. So put me But, since all of us are called upon to take a front seat to other consider- down as a free trader. Also, put me vote, let me appeal to those in the Sen- ations of a lesser degree of priority, if, down as a principal sponsor of the ate who may not yet have the level of in fact, it has gotten to the point that amendment last week to lift the agri- expertise on the sanctions issue that the country, either the President or cultural sanctions on India and Paki- the distinguished chairman of the Agri- the Congress, thinks it is in our na- stan. We did sort of a partial job on culture Committee has, and ask the tional interest to impose sanctions. that last week, and then, as the Sen- question, Are we ready to enact on this Yet, under the sweeping definition of a ator from Arizona pointed out, sort of appropriations bill a broad, sweeping sanction here to mean literally ‘‘any finished the job today. sanctions policy at this time? Also, put me down as a great admirer restriction or condition on economic Let me repeat. The Senator from In- of the chairman of the Agriculture activity,’’ it appears there is no dif- diana may be entirely correct that this Committee and his distinguished work ferentiation to account for the dif- is the way to go. But I will suggest to over the years in foreign policy, and on ferences in reasons why we impose the Senate that we give this a little trade matters as well. more time and think it through a little sanctions. The majority leader asked me to For example, as I said before, we may further. I am not sure the work of the chair the task force on sanctions. The have a reason to sanction a particular task force, on which many of us serve, Democratic leader asked Senator country, or a particular kind of trade including the Senator from Indiana and BIDEN to do that. As the Senator from activity, because of the national secu- the Senator from Arizona, is going to Arizona just pointed out, we have had rity implications of that. With respect shed a whole lot of light on this. But an opportunity to only have one meet- we are going to try. We are going to to China, for example, we require a spe- ing. It was yesterday. cial waiver for certain kinds of tech- try to shed some light on it by having I say to my good friend from Indiana, a hearing on July 30. We are going to nology transfers, or the launching of by September I might well be support- satellites, just to cite one example. It try very hard to meet the majority ing this bill. But I am, frankly, among leader’s deadline of having at least a seems to me that is an entirely dif- those in the Senate—and I expect this ferent kind of sanction than the typi- report by September 1. That may or is almost everyone in this body—who may not enlighten a whole lot of Mem- cal kind of trade sanction on imports has not been exactly consistent on the bers of the Senate. or quotas that we might apply for some subject of sanctions over the years. But for those of us who have not other reason. Having supported MFN to China, I have spent as much time on this as the dis- I think it is very important for us to also advocated certain kinds of sanc- tinguished Senator from Indiana try to come to some agreement on a tions against Burma. My guess is that maybe, that report will be helpful to definition of just exactly what is a there is hardly anybody in this room us. Maybe we will get a chance, as the sanction before we begin applying who has been entirely consistent on Senator from Arizona pointed out, to across the board a set of rules that this subject. kind of start out with what a sanction would automatically sunset sanctions What the distinguished Senator from is. I am not even sure I know, frankly, after 2 years; that would require a 45- Indiana tried to do here is to enact a at this point exactly what is and what day time period before sanctions could broad piece of legislation that may isn’t a sanction. Is a restriction in a be implemented; that would change the well be justified. But let me say I am foreign aid bill a sanction? Do we make rules of the Congress, in effect, after just not yet comfortable in taking that a distinction between transfers of mili- first stating that it is our policy that step. Maybe by September I will be tary significance? I think most Sen- these things should be done, and chang- comforted that this is what we ought ators would argue that you should ing the rules of the Senate to ensure to do. But I want to echo the observa- make that kind of distinction on that policy is affected. tions of the distinguished Senator from things like agricultural products, food It seems to me that we have time to Arizona that I am just not sure we are and medicine, and the like. deal with this now since we have dealt ready, as a body, to wipe the slate So I commend the Senator from Indi- with the immediate emergency. The clean. ana for a very important piece of legis- leader has appointed a task force, and Reading from Senator LUGAR’s bill, lation and just suggest that maybe this we have identified this as one of the unless I am missing something here, it isn’t the best time for most of us to be things that we need to do in this task says, ‘‘Notwithstanding any other pro- going forward on this, and I hope we force so that we are clear about the dif- vision of law, the President may not can shed some light through the task ferentiation between the different implement any new unilateral eco- force over the next few weeks on this kinds of sanctions before we begin nomic sanction under any provision of whole subject. identifying what kind of limitations law with respect to a foreign country, Madam President, I yield the floor. should be placed upon each of them, or foreign entity, unless at least 45 Mr. LIEBERMAN addressed the and, therefore, that consideration of days in advance of such implementa- Chair. this amendment at this time is pre- tion the President publishes notice in The PRESIDING OFFICER (Mr. mature notwithstanding the fact that the Federal Register of his intent to ENZI). The Senator from Connecticut. many of the ideas in the Senator’s implement such sanctions.’’ Mr. LIEBERMAN. I thank the Chair. amendment might well be the kinds of It is my understanding that just I rise to join with my colleagues from things that we would adopt for certain today the President announced sanc- Arizona and Kentucky, who have just S8196 CONGRESSIONAL RECORD — SENATE July 15, 1998 spoken, with a certain sense of reluc- this so important? Well, let’s all begin view with him. We share that view be- tance about opposing the amendment with the fact that most of us acknowl- cause we understand, I hope all of us, of the Senator from Indiana because of edge, as the Senator from Kentucky that sanctions have value and have had the respect I have for him, because of said, we have not, most of us, been con- effect. We are using them too much, the thoughtful way in which he goes sistent in our votes on these matters. but I think it requires more thought about matters generally and particu- It is hard to be consistent in our votes than we have had the opportunity to larly matters of foreign policy. But to on matters of sanctions, that they have give before we vote on this amendment echo what has just been said, this is a been used too much. I think most of us to change the ground rules so dramati- very complicated and controversial in this Chamber would say that. That cally. So I intend to vote against the subject, an important exercise of one of is why the leadership created the bipar- amendment. the major options that the United tisan task force, to begin to set some I yield the floor. States has in carrying out its foreign guidelines. But in all the criticism that Mr. BIDEN. Mr. President, I will vote policy. we are heaping on ourselves, I think it against tabling the Lugar amendment. The bipartisan Senate leadership has is important not to lose sight of the It is a useful starting point in bringing created a task force that has been re- value of sanctions. They are, roughly some rationalization to our sanctions ferred to. As has been said, we only had speaking, one of three options that a policy. an opportunity to hold our first meet- government has to protect its strategic I have been in the Senate for over 25 ing yesterday. So I think for us to act interests and uphold its ideals—diplo- years. Over that time, I have supported on this quite comprehensive piece of matic, economic, and military. many sanctions laws, and even au- legislation, which will dramatically If I may say so—and I know people thored a few. But I am now re-examin- alter the landscape in which the United sometimes say that we are foolish to ing my approach to sanctions policy. I States, Congress, can impose economic do this, that it is self-defeating—we do so not because I oppose sanctions— sanctions, is a rush to judgment before have to consider the impact some of sanctions are an important part of our we have had a chance to hear from all the sanctions have had not just on foreign policy arsenal. sides, as the task force will do—a pub- farm States. I can tell you, some of the But I believe we need to rethink our lic hearing is going to occur—to reason sanctions regimes have had an effect overall approach. Statutory sanctions, together and then to come up with a on manufacturing, high tech and indus- once imposed, are difficult to repeal, proposal. trial, from my State. And I am not and they therefore do not provide the As the Senator from Kentucky said, reaching judgment on the net effect. President the flexibility that I believe the end proposal may contain major Let’s just say a word for the fact that he needs to conduct foreign policy. As parts of the amendment offered by the there is a part of our national char- we all know, it is easier to block legis- Senator from Indiana. But I think we acter that, as Americans, is prepared lation than to pass it; accordingly, lift- would do much better and serve our na- to say we care so much about what is ing a sanction to meet changed cir- tional interest better if we worked this happening in another country, about cumstances is difficult, and sometimes out over a period of time. There is no the way that country is suppressing its impossible. I believe, therefore, that we emergency now that I can think of, people, or the threat that that country have to start building into our sanc- that I know of, that requires us to represents to our security because they tions policy the necessary flexibility adopt this wholesale change in what are threatening their neighbors, who for the President to waive, modify, or has been a fundamental part of our for- are our allies, or they are building mis- terminate sanctions with the ability of eign policy for a long time now, deriv- siles, that we are prepared, if our allies the Congress to respond to his actions. ing, incidentally, from a constitutional will not go along with us, to impose The Lugar bill is not perfect. It has a premise of the ability, Congress’ abil- few provisions that I believe should be ity, to regulate commerce with other economic sanctions on them to affect their behavior. In an age when a lot of changed or modified. For example, I do nations of the world. not believe it is wise to provide, as the So I think this is premature, though people question, well, all we care about amendment does in Section 806(c), for a probably thoughtful. But I say ‘‘prob- is materialism, I am speaking respect- point of order against legislation in ably’’ because this is a detailed amend- fully of the impact of sanctions on peo- cases where the Senate has not re- ment which I, frankly, have not been ple. This is in its way an expression of ceived required reports from the Exec- able to absorb in the time it has been American idealism and principle and utive Branch. This provision would in the Chamber, to make a reasoned values. And while we may have over- conceivably permit the President to judgment, even if there was not a task used it, we should not diminish its util- prevent consideration of a bill simply force that had been appointed on this ity and its substance. by withholding the required report. In very subject. Finally, Mr. President, there is a I hear the Senator from Indiana; his very important question to ask: Have addition, I believe the bill should clear- intention is for its effect to be prospec- they worked? I think the record is ly exclude from the definition of ‘‘sanc- tive, not to affect any sanctions that mixed, but that is something I would tion’’ those measures taken to enforce are in law now, and yet there are sec- like to have our task force study and, criminal laws and those measures tions of this that begin ‘‘notwithstand- at least as one Member, learn more taken pursuant to the authority of the ing any other provision of law’’ and im- about. I don’t know enough about it. Federal Aviation Administration to pose procedural requirements that I know most people cite South Africa ban foreign airlines from flying to the make me wonder whether they would as a case where sanctions worked. United States which do not satisfy our affect, for instance, the President’s Those were multilateral. More re- safety standards. Finally, I believe the ability to impose sanctions in an emer- cently, sanctions we imposed on Co- contract sanctity provision is too gency situation which, if we adopted lombia did work to alter the fundamen- broad, for two reasons. First, there this amendment, he might be limited tal policy of the Government on an may be cases where a multi-year op- from doing. issue that matters to us. We have sanc- tion contract would render the sanc- So there are questions. And I think tions against Iraq and Libya. Well, I tion—at least as to that contract—a we should step back, acknowledge that note that the heads of those regimes nullity. Second, there may be cases—a there is a chorus that has risen rather worked mightily in international dip- proliferation sanction comes to mind— rapidly in the last period of months lomatic circles to get the sanctions off, where it may be in our national secu- questioning the extent to which we so they must be having an effect on rity interest to stop the flow of tech- have applied sanctions, the manner in them. The same is true about the oppo- nology immediately. which we have done it, and listen to sition of the Chinese to sanctions that Despite these concerns about the that chorus but not rush to act in re- we consider, and the Russians with re- Lugar amendment, I will vote against sponse to it before we have had a gard to supplying components of mis- the tabling motion. The bill is a good chance, each of us, to deliberate and do sile parts to Iran. framework upon which we can begin to what is right. I know that Senator LUGAR is not construct a more rational sanctions Now, I want to offer one other set of speaking against sanctions generally, policy, and I believe the Senate should thoughts here, Mr. President. Why is and I appreciate that, and I share that continue to consider it further on this July 15, 1998 CONGRESSIONAL RECORD — SENATE S8197 bill. I did not offer amendments to per- ready missed the 4:30 deadline. I see guidelines before imposing sanctions. fect the amendment because it was ob- two Senators who are just chomping to That is important, in his amendment. vious that it was not going to be adopt- speak, so there is no point in asking for The amendment will require a check ed and if it was it could be perfected in a time agreement at this point. But I and balance. It will require informa- conference. We will surely revisit this just want to make the Members aware, tion on the goals of the sanctions, the issue at which time I’ll have more to and I know I am joined by my distin- economic costs to the United States, say. guished chairman in saying, we are the effect on achieving other foreign Mr. KERRY. Mr. President, I would going to have to do something to speed policy goals, and whether other policy like to take this opportunity to share this process up or we are not going to options have been explored. It is kind my views on the amendment of the get out before December 1. of a cost-benefit risk analysis. I wish Senator from Indiana which was voted I thank the Chair. we could apply it to some of our envi- upon earlier this evening. I agree with Mr. MURKOWSKI addressed the ronmental measures. That is what we those of my colleagues who have ar- Chair. are proposing here, and that is why I gued that we have too many unilateral The PRESIDING OFFICER. The support the amendment of the Senator sanctions in place, many of them man- Chair recognizes the Senator from from Indiana. dated by Congress, and that often these Alaska. This amendment will require careful sanctions fail to achieve the stated for- Mr. MURKOWSKI. I think the Sen- thought before imposing sanctions. It eign policy objectives while hurting ator from Arizona wants to propose a does not prohibit sanctions. Dozens of American business and competitive- unanimous consent. sanctions are now pending before Con- ness. I support the overall objective of Mr. KYL. Yes. I thank the Chair. I gress. Sanctions, because they are the the amendment offered by the Senator thank my colleague from Alaska. easy way out, have become a knee jerk from Indiana—to provide a rational PRIVILEGE OF THE FLOOR reaction. framework for the imposition of sanc- I ask unanimous consent that John Between 1914 and 1990 we imposed tions by both the Congress and the Rood be admitted to the floor during unilateral sanctions 116 times. Between President. However, some aspects of the pendency of this amendment and 1993 and 1996 alone we imposed unilat- this legislation concern me, in particu- other amendments on which he may eral sanctions 61 times on 35 nations. lar the broad definition of the term desire to be present under my super- In 1995 alone, it is estimated that sanc- ‘‘unilateral economic sanction’’ and vision. tions cost the United States $20 billion the extensive process which is to be ex- The PRESIDING OFFICER. Without in exports. hausted before sanctions are imposed. objection, it is so ordered. The President has declared a na- I have always believed that sanctions The Senator from Alaska. tional emergency 16 times during his are most effective when they are mul- Mr. MURKOWSKI. Mr. President, I term. In the case of Burma, the Presi- tilateral not unilateral, but I also rec- will try to be brief. I recognize the dent invoked unilateral powers re- ognize that there may be cir- timeframe. served to ‘‘deal with an unusual and ex- cumstances in which we need the op- I think it is fair to recognize another traordinary threat.’’ tion of imposing sanctions unilater- thing though: That two-thirds of the Is Burma an ‘‘unusual and extraor- ally, for example to send a message of world’s population, or thereabouts, are dinary threat’’ to the national security disapproval of a given regime as we did under some type of sanctions or threat- of the United States? I will go out on a with respect to the military junta in ened sanction by the United States. I limb and say perhaps no. Burma, or to respond to a horrific think the question we have to ask our- But that is the problem. The choice event such as the use of force against selves is, As we address the justifica- to use unilateral sanctions is easy. It is those protesting for democracy in tion of sanctions, are we really helping a choice made for the short term to ap- Tiananmen Square in 1989. I recognize the people we want to help? pease special interest groups. No that the legislation of the Senator I commend the Senator from Indiana, thought is given to the chances of suc- from Indiana does not prevent us from Mr. LUGAR, for bringing this matter up, cess or possible alternatives. imposing sanctions in these cases but I because we can continue to debate it, Will unilateral sanctions work in fear that the process in the bill would we can continue to evaluate it, but the Burma—probably not! Will they hurt make it more difficult to do so expedi- reality is, it is time to address the ef- the people we are trying to help—defi- tiously. In light of these concerns and fectiveness of these sanctions. And, as nitely so! the fact that the Senate Task Force on a consequence, I rise to support the We must look to the long term. Sanctions, of which I am a member, is amendment of the Senator from Indi- I think a perfect example of this is trying to address the question of uni- ana on sanctions. Vietnam. Restoration of diplomatic re- lateral sanctions and is going to begin I think he is offering the amendment lations and the lifting of the trade em- hearings later this month, I voted to for one reason, which is because sanc- bargo on U.S. exports led to progress table the amendment of the Senator tions are now a popular choice to pro- on the MIA issue and greater economic from Indiana at this time. However, I mote our agenda and, of course, legiti- freedoms in Vietnam. believe there is much of worth in this mately protect our national interests. The old saying that a rising tide lifts legislation, and I would like to work There is nothing wrong with this rea- all boats is true. with him and others who believe, as I soning except many times sanctions When we decide on appropriate ac- do, that we must reign in the tendency simply do not work in the manner that tion to take against rogue countries, to address every foreign policy problem we have intended. They are one tool we must make decisions based on what with a sanction. that we can use against rogue na- are the most persuasive actions rather Mr. BUMPERS addressed the Chair. tions—granted. The question is, How than the easy way out. The PRESIDING OFFICER. The effective are sanctions? In what cases I do not condone the policies of Iran, Chair recognizes the Senator from Ar- should they be used? Unfortunately, as or Libya, or North Korea. All these kansas. I have indicated, the tool of choice is countries clearly pursue policies con- Mr. BUMPERS. Mr. President, let me sanctions. Some suggest it is a hammer trary to our national interests. just say, at the rate we are going, we for brain surgery. But I believe it has come to the point should be able to finish this bill by Sat- In any event, it is time to take stock where U.S. unilateral sanctions run the urday night a week around midnight. in whether this amendment by the Sen- risk of being completely counter- We have 64 amendments left. We have ator from Indiana passes now or later. productive because they get in the way spent about 21⁄2 hours on this one. A lot I think it is fair to say we should take of more effective multilateral steps of the people on this side are going to up this matter and resolve it and exam- that could be pursued. the White House at 4:30, and I hoped we ine, if you will, the posture of our poli- Unilateral sanctions should be a tool could get a vote on it before they had cies. of last resort and only used after care- to depart. I am always reluctant to Let me conclude with one reference ful thought about the consequences, suggest to anybody they cut their re- that is in the amendment of the Sen- the costs, and the chances of success. I marks short, and I guess we have al- ator from Indiana; that is, he sets urge my colleagues to support Senator S8198 CONGRESSIONAL RECORD — SENATE July 15, 1998

LUGAR. Implementing sanctions should this amendment in an emergency, and not going to want to let the President not be based on emotion but on a ra- the amendment does not affect existing easily get out from underneath these tional process. This is what this sanctions. It also does not apply to requirements, which the definition of amendment does. multilateral sanctions. national emergency, in my view, would The PRESIDING OFFICER. The Sen- I urge my colleagues to take a look allow him to do. ator from Minnesota. at this, to support this amendment I also want to begin by making a Mr. GRAMS. Mr. President, I will which will help us determine whether a point that one of my colleagues made, also keep my statement very short. particular unilateral sanction will and that is to establish bona fides with Mr. President, I also strongly support work or whether we should pursue the respect to this. I have been getting a Senator LUGAR’S amendment to in- problem in another way. If unilateral lot of calls from commercial associa- clude the Enhancement of Trade, Secu- sanctions are imposed, we need to en- tions seeking support for this, in the rity and Human Rights through Sanc- sure they will work and they are initi- name of free trade. I have always sup- tions Reform Act to the agriculture ap- ated only as a last resort, and only ported fast track and do to this day, propriations. Consistent with our com- after multilateral sanctions are pur- and I hope we will take fast track up mitment yesterday to help American sued. again this year and pass it. I have sup- farmers, I believe this is the appro- Again, I thank Senator LUGAR for his ported GATT. I have supported priate time to consider this important leadership on this important issue. For NAFTA. I will proudly call myself a amendment that will help us think those of us concerned about the grow- free trader, too. So my comments are about the consequences of unilateral ing trend toward unilateral sanctions not made from the perspective of some- sanctions before they are imposed, ei- without analyzing whether they will one who has not supported trade. In ther by the Congress or by the Presi- work or how they will affect our farm- terms of business support, I certainly dent. ers and workers, I think this is a no- provided that. As you have heard, this amendment brainer. This is an amendment that But we also have a national security does not prohibit the Congress or the should have no opposition from this obligation as Members of the Senate, administration from imposing Unilat- body. and what I do not see adequately ad- eral sanctions, but it forces us to think I yield the floor. dressed in this amendment is the care- before we act. It is easy to look like we The PRESIDING OFFICER. The Sen- ful balancing between support for eco- are combatting various problems such ator from Arizona. nomic considerations on the one hand, as human rights abuses, religious per- Mr. KYL. Mr. President, I am sure and national security on the other. secution, nuclear proliferation, child when my colleague just referred to a Those interests have to be very care- labor, etcetera, by imposing unilateral ‘‘no-brainer,’’ that no one would be in fully calibrated. I think, with some ad- sanctions. But it is not so easy to de- opposition to it, he wasn’t suggesting ditional work on the amendment of the termine the negative effect they will there is not a logical, reasonable argu- Senator, we might be able to help have. It is my opinion that unilateral ment in opposition to the amendment, achieve that calibration, but not if we sanctions do not work. They do not and I would like to again try to make have to vote on that today. force countries to adopt our policies, or that and urge my colleague, if he would Third, I mentioned the definitions our standards. Therefore, they wind up like, to engage in any kind of colloquy problems, and I would like to get into doing nothing but hurting our Amer- he would like to clarify what I have to that in detail now. I would like to read ican farmers and workers who lose ex- say, to at least assure him that there is from the amendment of the Senator, port opportunities to the affected na- a reasonable argument on the other the very first definition of what we are tions. side. talking about when we talk about a Senator LUGAR’S amendment, which I I want to begin by commending Sen- unilateral economic sanction. Here is have also cosponsored in its bill form, ator LUGAR for identifying many of the the definition. I am quoting: establishes procedures by which we can things which ought to be done with re- The term ‘‘unilateral economic sanction’’ analyze the impact of the sanctions— spect to the imposition of sanctions in means any prohibition, restriction or condi- first, whether they—— tion on economic activity, including eco- Mr. STEVENS. Will the Senator his amendment. He has a lot of good nomic assistance, with respect to a foreign yield for just a moment? material in this amendment. I know he country or foreign entity. .. Mr. GRAMS. Yes, sir. has given it a lot of thought. I think, Et cetera, et cetera, et cetera. Mr. STEVENS. Mr. President, I at the end of the day, we will be able to That means foreign aid, for example. would like to notify the Senate that at accept a lot of that. So before we do a foreign aid bill here, 6 o’clock I shall seek the floor to move Mr. President, I also believe there are are we going to have to go through the to table the Lugar amendment. I think some things that are not adequately requirements of this legislation? Be- it is a vote that must be taken to see thought out here. I would like to focus fore we reduce a country’s foreign aid, where the votes are on this amend- on a few of those. One of the things I is the President going to have to give ment. If it is not tabled, then it will am pleased with is a very broad defini- the Federal Register notice for 45 days? still be open to amendment, but hope- tion of national emergency, which Is the Congress going to have to wait fully we might be able to work some- would permit the President to essen- for 45 days before we can reduce that thing out to see in what shape we tially waive the requirements of the aid? Is that reduction going to be in would agree to take the Lugar amend- legislation in the event of a national force only 2 years and then we would ment to conference and have a vote on emergency, which is very, very broadly have to revisit it? Something as simple whatever the Senator wants. But I do defined here. In one sense, that is good. as foreign aid—we raise and lower a expect to make a motion to table the But in another sense, all of the good country’s foreign aid every year for Lugar amendment at 6 o’clock. I ask that we are trying to achieve here lots of different reasons. cloakrooms notify their respective could be easily undone, simply because We may apply a little more money to sides of that. the President decided to go forward the foreign aid budget and be able to I thank the Senator. and waive in the interests of national increase aid, or we may reduce it and Mr. GRAMS. Just to briefly finish security. If the national security defi- have to increase aid. It has nothing to my statement today, I believe the nition were a little tighter, then what do with whether we are trying to sanc- Lugar amendment will help to estab- we are seeking to accomplish here tion somebody or punish somebody or lish procedures by which we can ana- could probably be done, and the Presi- prohibit trade. Yet, that would be im- lyze the impact of these sanctions. dent would not be able to undo it easily plicated because of the breadth of the That is first by whether they will ac- through the invocation of a national definition of ‘‘economic sanction’’ con- complish the intended purpose, and emergency waiver. tained in the legislation. second, the impact they have on U.S. So I want to begin this part of the de- What about some of the other actions international competitiveness and bate by acknowledging that some of that we may take? I mentioned before other foreign policy goals. what the Senator from Indiana is seek- export controls on sensitive U.S. tech- This amendment is also flexible. The ing to do clearly is going to gain wide nology. I think it is absolutely incred- President can waive the provisions of acceptance here. In some cases, we are ible that restrictions of U.S. trade, July 15, 1998 CONGRESSIONAL RECORD — SENATE S8199 technical assistance, or any other way quent waiver, notwithstanding that the That doesn’t make sense. That is why in which the United States would pro- President granted the waiver,’’ and I I say this one-size-fits-all kind of ap- vide assistance to another country asked the Attorney General, ‘‘did you proach is not the right approach. The with respect to sensitive matters would object to that in any formal way?’’ kind of things the Senator from Indi- be deemed subject to the requirements She said, ‘‘No, there is nothing in the ana should be dealing with are a fairly of this legislation. law today that permits or requires narrow range of economic activities This legislation may well be appro- that, and there is not even any proce- and limitations on those activities that priate for the kind of sanctions that we dure for that.’’ either the President or the Congress would apply against a country that I said, ‘‘Do you think there should has imposed in the past but that don’t doesn’t agree with us on a particular be?’’ have anything to do with foreign aid, human rights policy, for example, or Her answer was, ‘‘We are working that don’t have anything to do with na- something of that sort or perhaps with right now on recommendations that tional security technical assistance whom we have a trade dispute. But it would get the Justice Department into limitations and the like. certainly should not apply to the limi- the loop here.’’ That is the third point I want to tations that this country imposes upon What I am saying, Mr. President, is make. U.S. businesses wanting to transfer that with regard to the transfer of I should also note that there are technology to another country. There highly sensitive technology that could other things that could be deemed con- are good and sufficient reasons we have jeopardize the national security of the ditions or restrictions on economic ac- an entire regime of export controls in United States, we do impose limita- tivity, like denials of visas, cuts in tax- place. tions, and as I read the definition of payer-funded export credits such as To show just exactly how far this leg- ‘‘unilateral economic sanction,’’ many from OPIC or Eximbank. Are those islation goes—and I think this is criti- of the kind of activities in which we things implicated by this? I think cal before Senators vote in favor of this engage here would be implicated by clearly they are. Is that the intent of amendment—they had better under- this definition. the Senator from Indiana? And, if so, stand the following: We have just had I know, or at least I firmly believe, how are we going to get around those exposed a tremendous technology that the Senator from Indiana would with a national security waiver? There transfer to the country of China that not want to jeopardize our national se- are some things that I don’t think we occurred because a couple of U.S. com- curity and that it would not be his in- want this to apply to for which the na- panies may—may; they are under in- tention to have that kind of tech- tional security waiver isn’t going to be vestigation for it—allegedly have vio- nology transfer limited, or the limita- available. There, again, the one-size- lated U.S. law with respect to tech- tions on that kind of technology trans- fits-all approach to this just isn’t going nology transfer. fer limited by his amendment. Yet, as to work. When a missile blew up and destroyed I read his amendment, that is exactly I will conclude this third point by re- a satellite, information was provided to what occurs, because, again, the defini- iterating what I said before. One of the the country of China. That may have tion is: things the Senator from Indiana is try- been in violation of U.S. law. It may Any prohibition, restriction or condition ing to do here is to be sure, before we well have compromised our national on economic activity. invoke sanctions, we think it through, security. Yet, the kind of things that Clearly, all of the things that we im- we analyze the impact, and we have a we impose upon companies that are posed on Loral and on Hughes are re- set of standards by which to measure going to do business with a country strictions and conditions on their eco- whether it is effective or not and we like China to limit the transfer of that nomic activity with China, and for a have a mechanism for ending the sanc- highly sensitive technology would be good reason: to prevent the transfer of tion that forces us to, in effect, focus implicated because of the breadth of technology that we think might harm on whether or not it has been effective the definition of this legislation. our national security. and we want to continue it or not. Would we be able to limit the kind of Are we saying today, are we willing All of those are valid propositions. technology transfer that has gone on to vote for an amendment that essen- My guess is, before we are done with to China that we are trying to stem? tially says, with respect to that kind of this, that kind of approach will be Would we be able to require defense condition, we are going to treat that as adopted by the Senate. I am not argu- monitors to accompany this equip- a sanction and we are going to put all ing against those things, but what I am ment? kind of limitations on whether or not doing is reiterating the argument of Would we be able to preclude reports it can be done? the Senator from Connecticut, the Sen- being issued to the Chinese Govern- One of the answers is, ‘‘Well, there’s ator from Kentucky, and expanding on ment on what went wrong with a par- a section in here that permits the a point that I made earlier, and that is ticular launch? President to waive any of this if there that just as we are getting into this Would we be able to require an export is a national security interest involved issue with the first meeting of the license for the kind of satellites being in that case.’’ sanctions task force—a bipartisan task exported here or the kind of technology Mr. President, it seems to me that we force—yesterday to identify exactly that is being transferred in aid of the simply ought to make an initial deter- what we want to cover by the kind of launch of U.S. satellites to make sure mination that there are certain kind of reforms and others that the Senator the rockets themselves don’t blow up? things that we do not deem to be eco- from Indiana is proposing, just as we Would we be precluded from putting nomic unilateral sanctions and they are beginning this process, we have those kind of technology transfers on a ought to be excluded in the legislation placed on the desk an amendment that munitions list? in the first instance, because otherwise is going to do it all and do it with a Would we be precluded from requir- we are going to have an extraordinarily definition that is so broad that it ing reviews by the Justice Depart- cumbersome procedure where thou- would cover virtually any condition or ment? sands of things that this Government limitation on economic activity. That This morning I talked with the At- does, in either the executive or the leg- is not, I think, what the sanctions task torney General in a hearing of the Sen- islative branch, from foreign aid deci- force views as the proper approach. ate Judiciary Committee, and I said, sions of the Congress to highly sen- I urge my colleagues to slow this ‘‘Even though you had this matter sitive national security technology process down just a little bit. We don’t under direct investigation, pending in- transfer limitations, are going to be have to have this amendment on this vestigation, and Sandy Berger, the Na- deemed to be sanctions that have to go appropriations bill today. I am sure tional Security Adviser, was advised through the processes of review and that if the Senator from Indiana will that it could significantly adversely delay and sunset, and so on, of this leg- work with us, if there is deemed to be impact the judicial process of the pros- islation, or else be exempted by a waiv- a necessity to put something in place ecution of people who would be in- er that the President would then have fairly soon, and certainly before the dicted for having possibly violated the to specifically invoke with respect to end of this legislative year, we can law, for the President to grant a subse- each one of those particular actions. come up with a good set of criteria, S8200 CONGRESSIONAL RECORD — SENATE July 15, 1998 such as those the Senator has in his clear weapons, and that they are going bit of time to do it. If there is any rea- bill, for imposing sanctions—a good re- to do that irrespective of world opinion son to rush to judgment here, let us at view process, some mechanisms for re- or economic sanctions. Their own in- least take enough time to narrow what visiting the sanctions after a point in ternal country opinion was more im- we are doing and try to make it apply time to ensure we still want them in portant to them. in a fairly restricted way to achieve place. All of those things that Senator In both cases, they were willing to whatever short-range objective we have LUGAR’s amendment goes to I think we suffer the consequences economically here until we have time to think it can include in a piece of legislation. that might result from sanctions being through more thoroughly to impose a But I also think we are going to want imposed. In fact, I think in both coun- policy that would cover all of the dif- to take a look at these definitions tries there was a certain sense of pride ferent kinds of limitations that, as a carefully and modify them to some ex- that they did this and that they could country, we may wish to impose. tent so in one case it does not go too stand up to the rest of the world. So for Mr. President, I urge that this far and embrace just too many things, us to have had to impose economic amendment not be supported, that if a and in another case it perhaps does not sanctions was folly. It was never going motion is made by Senator STEVENS, go far enough. to work. These countries were going to that we support that motion, and that Finally, I will close with this point, do what they felt was in their best in- we not consider the amendment at this Mr. President. Sanctions—and because terest, and we were not going to be time. I certainly, as a member of the of the breadth of the definition of sanc- able to stop them with economic sanc- sanctions task force, will work with tions here, I think we are literally tions. Senator LUGAR to try to take many of talking about any kind of action the All we did was hurt a couple of coun- the good ideas he has in this legislation United States might take—can be in tries that have been friendly to the and pull them into a bill I think all of response to all kinds of different United States—in the case of Pakistan, us can support at the appropriate time. things. a country that is really hurting eco- Thank you. We have the Jackson-Vanik sanc- nomically. And the last thing I think Mr. BRYAN addressed the Chair. tions that were imposed upon the So- we really wanted to do is hurt the peo- The PRESIDING OFFICER. The viet Union when it would not allow the ple of Pakistan with these sanctions; Chair recognizes the Senator from Ne- immigration of Jews from the Soviet nor did we want to hurt our own coun- vada. Union. We have sanctions that were try’s agricultural interests. The prob- Mr. BRYAN. Mr. President, may I in- imposed on South Africa to try to lem was not sanctions per se. The prob- quire as to the parliamentary situation change that country’s behavior. We lem was in ever thinking that we on the floor? The intention of the Sen- have sanctions that were imposed upon could, by the use of something like ator from Nevada is to offer an amend- the Soviet Union after it invaded Af- sanctions, prevent them from doing ment, of which I have alerted the man- ghanistan. We have sanctions in aid of what inevitably they were going to do. ager. If there is a pending amendment, various treaties or agreements that are Let us not blame sanctions; let us if I could be so advised, I will make the hard to enforce unless you can impose blame a failed policy embraced by the necessary request. some kind of sanction. The NPT, Non- U.S. Congress. Sanctions sometimes do The PRESIDING OFFICER. There is Proliferation Treaty, and other kinds work; and, as Senator MCCONNELL said, a pending amendment to be laid aside. of treaties that we have signed, some sometimes they do not work. Our Mr. BRYAN. I thank the Chair for his bilateral, some multilateral, have to record has been inconsistent in this re- courtesy. provide some kind of enforcement. gard. I know that is one of the things Mr. President, I see the chairman of As Senator LIEBERMAN pointed out, that Senator LUGAR is trying to ad- the committee is rising. I would cer- you do not want to have to turn to the dress here. But that should animate tainly yield to him. military option right off. So all you our thinking here—not that sanctions Mr. LUGAR. I ask the Senator a have are economic or diplomatic ac- are per se wrong and, therefore, they question. If it is just a parliamentary tivities. Now, diplomatic activities have to be used only in very, very lim- procedure, I have no objection if it is a sometimes work; sometimes they do ited situations, and so on, as some of noncontroversial amendment, because not. They more frequently work if you the language in this amendment sug- I would like to help the bill proceed. have some other kind of hammer be- gests. I agree with that as a general But I want us to move toward the con- hind it, like a military or economic proposition. clusion of the debate on my amend- card to play. What it boils down to is We ought to be careful how we use ment. that an economic limitation can some- sanctions because in some cases they Mr. BRYAN. Responding to the in- times be very important. But I do not are never going to be effective because quiry of my friend, the senior Senator think we ought to blame sanctions nec- the underlying policy is not a valid pol- from Indiana, I wish I could represent essarily when things do not go right. icy. But by the same token, in the in- to the Senator that this was non- The best example of a failed policy is terest of satisfying our commercial controversial. In this Senator’s judg- one which we have all dealt with here constituents, I do not think we should ment, it ought to be. But fairness re- very recently, and that is the auto- rush to judgment here and literally quires me to say, this is an amendment matic sanctions that were imposed throw out the baby with the bathwater which has been before the Senate on upon India and Pakistan—for doing by making it very difficult to impose many occasions dealing with the Mar- what?—for nuclear testing. or retain sanctions in the future when, ket Access Program. It is controver- Mr. President, I submit that the in point of fact, there are certain areas, sial. I was under the impression that problem here is not sanctions per se. like national security, for example, we could lay the pending amendment The problem is that the policy that where we very definitely want to have aside and consider it, but if the chair- was put in place was a failed policy to conditions or limitations on economic man has a concern about that, it is not begin with, and to attach sanctions as activity—the definition in the bill— my purpose to interrupt the orderly the only way to respond to that was that have nothing to do with the ordi- flow of the processing of this appro- simply wrong. Congress was in error nary understanding of sanctions. priations bill. for doing that. We are now rushing to For that reason, I urge my colleague Mr. LUGAR. Mr. President, I suggest correct that error. But we are doing it from Indiana to withhold for a few days the absence of a quorum. in the wrong way. or a few hours or some point in time The PRESIDING OFFICER. The Let us understand that the problem where we can sit down and try to re- clerk will call the roll. with the sanctions on India and Paki- work the definitions and rework some The bill clerk proceeded to call the stan go back to the fact that as a na- of the other language so that we are roll. tion we should have recognized that, not applying a one-size-fits-all solution Mr. COCHRAN. Mr. President, I ask just like China, Russia, and France, to what is, as Senator LIEBERMAN unanimous consent that the order for these nations are going to do what pointed out, a very complex situation. the quorum call be rescinded. they think is in their best national in- We were going to address this The PRESIDING OFFICER. Without terest, which may include testing nu- through the task force and take quite a objection, it is so ordered. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8201 Mr. COCHRAN. Mr. President, Sen- fense, Agriculture, Commerce, Energy, democratic procedures in other coun- ator LUGAR desires to make further re- the U.S. Trade Representative, and so tries, about religious procedures in marks in support of his amendment, forth. other countries, about economic proce- and we hope the Chair will recognize The point being that the President of dures in other countries, we ought to him for that purpose. Any other Sen- the United States should be well ad- weigh and we ought to have a proce- ators who want to speak on that vised before he decides on a unilateral dure in which we say we are going to amendment should do so now, because waiver for even national emergency impose a sanction on some country and there is the plan that has previously purposes. take the time to state why, and then been announced that Senator STEVENS I suspect that this could be perfected take time to say, ‘‘What would be con- will move to table the Lugar amend- further, but during the course of the sidered a success? How would we know ment at 6 o’clock. We will have a vote debate on this legislation I simply note we have victory? What are the bench- on that motion to table. But if Sen- that many Members—and this is under- marks of our success?’’ At least once a ators have completed their remarks on standable—say this is very complex year, we should think about what the the Lugar amendment, then we could matter and we need more time to walk sanction did. Did it make any dif- set that amendment aside, if the 6 around it, try to think through the na- ference? Did it make a difference in o’clock hour has not yet arrived, and tional security implications, the abil- American jobs and income that was to- have other amendments debated. That ity of the players to deal with this suc- tally disproportionate to whatever the would be our hope. cessfully. impact might have been, in the target The PRESIDING OFFICER (Mr. I point out, respectfully, that my country? THOMAS). The Chair recognizes the Sen- original legislation on which this is Now, that is what my amendment ator from Indiana. based was introduced last October. calls for—however you weave the argu- Mr. LUGAR. Mr. President, during This has been widely discussed in this ment around it, the need to state the this debate on the pending amendment, city for many months. It is supported purpose of what we are doing, the three arguments have been made. I by 37 Senators explicitly who have benchmarks of success, to examine pe- want to respond to them briefly. One thought through all the implications of riodically whether we have hit the came about through Senators suggest- this and have studied it at some mark even remotely, and, in any event, ing that the President of the United length. to estimate the cost of sanctions to States, who just today proposed sanc- Finally, Mr. President, I respond to Americans. It really is time to think tions on certain firms in Russia and the argument that the India and Paki- about Americans, people in this coun- pertaining to Iranian missile transfers, stan incidents are the reason we are try, farmers, producers, even as we are would not have had the ability to im- discussing this. As I recall, the distin- spinning wheels of economic sanctions pose those sanctions if the amendment guished Senator from Arizona pointed for whatever economic purpose we that we are debating had been the law out we have resolved some of those might think of. of the land. problems and, therefore, it may be pre- From the beginning—and I think ev- Later, the distinguished Senator mature to move on to other problems. eryone has heard this clearly—we are from Arizona, after a careful reading of But, in fact, India and Pakistan had talking about sanctions in the future, the legislation, noted that on page 30 of not gone through their nuclear testing prospective sanctions. I hope Senators the amendment—this is the language: regimes last October. understand that. But that is the case. ‘‘The President may waive any of the The problem that has to come back Secondly, we are talking about uni- requirements of subsections (a), (b), (c), to this body is that of the American lateral sanctions which we do ourselves (d), (e)’’—and so forth—in the event farmers—the gist of the overall agri- that hurt us, that have no cooperation that the President determines there ex- culture appropriation bill—need some from others, with every other country ists a national emergency that requires hope that this body understands the ef- grabbing our markets, entering in to the exercise of the waiver. fect of economic sanctions on agri- eat our lunch. We have prescribed any I made that point in an earlier pres- culture. The USA*Engage group, com- number of ways in which people in this entation, but I simply wanted to reit- posed of some 675 businesses, including Congress and the administration have erate there are emergency situations the American Farm Bureau, have to think about it, and at the same time regarding the national security of this strongly encouraged this body to un- giving the President, as our Com- country. The President must have the derstand the problems faced by Amer- mander in Chief, the ability in terms of ability to act. Our legislation expressly ican business. our security, to act if he must. gives him that waiver ability. I think the distinguished Senator Finally, we have said after 2 years Then the distinguished Senator from from Nebraska, Senator HAGEL, stated the sanction comes to an end unless Arizona raised the question as to it well: American business is not a spe- the Congress reauthorizes it. That is, whether, in fact, that waiver might be cial interest. It is not a nefarious group take some more time to think about too broad. Perhaps. But, you cannot of people with whom we should have no what has occurred, what the implica- have it both ways. If on one hand you contact as we talk about national secu- tions and the costs for Americans have argue that the President of the United rity or economic security. American been. States is constricted in terms of what business and American farmers provide I am hopeful this amendment will he may do, but then you find out he the money that gives us the ability to not be tabled. I regret that the distin- has full ability to do it, I suppose you provide security to this Nation. These guished chairman of the Appropria- could then argue that you do not want are the people who actually are out tions Committee feels he must do that to have full ability at that point. there working and providing jobs. They at 6 o’clock, but I understand the expe- Let me just offer a moment of reas- are saying to us: You folks with all of ditious procedure of this bill, and it is surance. On the same page 30 of the your sanctions are creating unemploy- an important bill, has to go on. I hope amendment, there is a section setting ment for 200,000 Americans. That num- Senators will vote against tabling the up a Sanctions Review Committee in ber of people are losing their jobs be- amendment when that time comes, the executive branch. It reads: cause of what is occurring in the sanc- about an hour from now, because I There is established within the executive tions regime. think that a vote against tabling sends branch of Government an inter-agency com- Of course, we have to be considerate a signal of hope to American farmers mittee, which shall be known as the Sanc- of each and every aspect of making cer- that we care, and we had better send tions Review Committee, which shall have the responsibility of coordinating United tain that national security is not com- that signal. States policy regarding unilateral economic promised. It would be a stretch to I hope Senators understand that we sanctions and of providing appropriate rec- think of many of these sanctions that have a difficult situation in American ommendations to the President prior to any have had a substantial national secu- agriculture, not because of the farm decision regarding the implementation of a rity implication to begin with. bill but because demand from Asia is unilateral economic sanction. I suspect, finally, there has to be a down and demand from other countries Now, that committee is composed of balancing of interests in our country. will be coming down as their income is the Secretaries of State, Treasury, De- Even as we are deeply concerned about constricted. We will need all of our S8202 CONGRESSIONAL RECORD — SENATE July 15, 1998 weapons of trade in order to meet that, ricated. The ‘‘61-sanctions’’ figure, lations has prepared a document which and the same eventually will occur to which came from a study by the Na- analyzes the NAM study and exposes other industries. tional Association of Manufacturers, its failings. I now ask uninanimous I stress agriculture today, Mr. Presi- and circulate widely by an anti-sanc- consent that this analysis be printed in dent, because that is the first wave. tions business coalition calling itself the RECORD. That is where the first implications of ‘‘USA Engage.’’ There being no objection, the analy- economic downturn have come, with The NAM claims that, over a 4 year sis was ordered to be printed in the raw materials and food. But it will period (1993 through 1996) ‘‘61 U.S. laws RECORD, as follows: spread unless we are successful in and executive actions were enacted au- The NAM study charges that Congress en- adopting a new trade strategy that thorizing unilateral economic sanc- acted 20 new sanctions laws between 1993 and must surely include greater thought- tions for foreign policy purposes.’’ Ac- 1996. This is a deliberate falsehood. fulness about sanctions. cording to NAM, these sanctions have In reality, three-quarters of this total (15) were denials, restrictions or conditions on U.S. Therefore, I call for a new regime of targeted 35 countries, over 2.3 billion thoughtfulness—not a prohibition of foreign aid, included as part of normal For- people (42% of the world’s population) eign Operations and Defense Appropriations sanctions, not a breach of inter- and $790 billion—19% of the world’s legislation. national or national security, but a total—in export markets. What were these so-called sanctions? One thoughtful approach, giving full lati- NAM lists a catalogue of 20 new laws so-called sanction is a prohibition on aid to tude to the Commander in Chief and, passed by Congress and 41 Executive foreign governments that export lethal mili- hopefully, better latitude to us, to Branch actions for a total of 61 new tary equipment to countries supporting think through what we are doing and sanctions in just 4 years. international terrorism. Another barred U.S. to do it more correctly and positively. assistance for military or police training in The ‘‘61 sanctions’’ figure cries out Haiti to those involved in drug trafficking I conclude by saying, as I recall, the for examination. I asked the Congres- distinguished Senator from Arizona and human rights violations. Another placed sional Research Service to analyze the conditions on assistance for the Palestinian was asking a hypothetical situation NAM claim. After examining the NAM Liberation Organization. Another prohibited whether as to whether the President study, CRS reported to me, ‘‘We could Defense Department aid to any country des- could act or not, I think I have an- not defensibly subdivide or catagorize ignated as supporting international terror- swered the question that he could have the entries in the (NAM) catalogue so ism. acted on today’s sanction. But let’s say that they add up to 61.’’ Another withheld foreign aid and directed that the President acts, or the Con- How did NAM come up with this 61- U.S. to vote ‘‘no’’ on loans in international gress acts; how do we know in advance financial institutions for countries know- sanctions claim? Here’s how: ingly granting sanctuary to persons indicted that this is going to have any particu- The National Association of Manu- lar effect? The answer is that we don’t. by the international war crimes tribunals for facturers includes as examples of ‘‘uni- the former Yugoslavia and Rwanda, for the As a matter of fact, in most cases, the lateral economic sanctions’’ every time purpose of evading prosecution. effect has been dismal, inappropriate, the U.S. complied with U.N. Security Are these the kinds of ‘‘objectionable’’ and and costly to the United States and to Council sanctions—which are, by defi- ‘‘irresponsible’’ actions Congress needs to our citizens. nition, multilateral sanctions; reign in? I think not. Indeed, of the 20 con- So I say that the President of the The NAM used double-, triple- and gressional actions listed by NAM, in reality United States has the full ability to only 5 can really be called ‘‘sanctions laws.’’ quadruple-counts certain sanctions; act, but whether he will act appro- These are: The Nuclear Proliferation Preven- They included as a so-called ‘‘sanc- priately is another question. And that tion Act (April 30, 1994); the LIBERTAD tion’’ any executive branch or Congres- is why even the President is asked to (Helms–Burton) Law (March 12, 1996); the sional actions denying, limiting or consult with his Cabinet, and why we Anti-Terrorism & Effective Death Penalty even conditioning U.S. foreign aid. Act (April 24, 1996); the Iran-Libya Sanctions are asked to consult with each other— (Since when, I ask, did foreign aid be- Act (August 5, 1996); and the Burma Sanc- in the hope that if we do adopt a sanc- come an entitlement?) tions (September 30, 1996—part of FY97 For- tion, it will do some good, that it will The NAM lists as sanctions instances eign Operations Appropriations Act). have some wisdom behind it, some ra- where no sanctions were actually im- The fact is, Congress has passed a handful tionale and some procedure that the of carefully crafted, highly-targeted sanc- posed, cases sanctions were actually American people can follow. I submit, tions in recent years—most of which passed lifted, and cases where sanctions were Mr. President, that many of the sanc- the Senate by comfortable margins. imposed briefly and then lifted. tions we have adopted have not had EXECUTIVE ACTIONS (41) The NAM piled into their ‘‘sanc- that wisdom, that procedure, and they And what about NAM’s claim of 41 ‘‘Execu- tions’’ list any decision to bar the sale have not had a very good effect. tive Actions’’ implementing sanctions in just It is for this reason that I ask the of lethal military equipment to terror- four years? This list is also deceiving. Con- support of Senators for this amend- ist states, and various actions which sider the following breakdown of the NAM ment and the support, particularly, on affect just a single corporate entity or list: the vote to table. I am hopeful that individuals—not countries. MULTIPLE COUNTING OF THE SAME SANCTIONS: 7 that tabling motion will not be adopted Mr. President, this is not what most The NAM study double-, triple- and quad- when that moment comes. of us have in mind when we think of ruple-counts the same sanctions over and Mr. President, I thank all Senators ‘‘sanctions.’’ We think of trade bans over again on seven different occasions. for allowing us to have this full debate. and embargoes on states—not seizing Cuba—Same Sanctions Counted 2 Times. the assets of Colombian drug traffick- (NAM counts the LIBERTAD (Helms–Bur- I appreciate that there are many other ton) law as two separate sanctions, once on issues that should come before the ers, blocking imports from a single fac- tory in southern China which is using the date it was enacted by Congress (in Table body. I) and a second time when the President took I yield the floor. prison labor, or banning the sale of le- measures to implement Title III of the act.) Mr. HELMS. Mr. President, the thal equipment to states which arm Sudan—Same Sanctions Counted 5 Times. premise of the amendment proposed by and train terrorists. (NAM counts the imposition of sanctions on the distinguished Senator from Indiana The fact is, there is no credible way Sudan, and then each adjustment to existing is that—as President Clinton recently to argue that the U.S. has imposed 61 sanctions policy as a separate new sanctions put it—the United States has gone sanctions in just four years, or that episode.) ‘‘sanctions happy.’’ We’ve all heard the anywhere near 42% of the world’s popu- MULTILATERAL SANCTIONS IMPOSED IN COMPLI- statistics, repeated without question lation has been targeted by U.S. sanc- ANCE WITH U.N. SECURITY COUNCIL RESOLU- TIONS: 5 by the media, that the United States tions. In other words, there is no basis has enacted sanctions 61 times in just 4 for the claim that we in Congress have The study counts U.S. compliance with multi-lateral U.N. Security Council sanc- years, thereby placing 42% of the gone ‘‘sanctions happy’’ or for the problem that the amendment offered tions as ‘‘unilateral economic sanctions’’ world’s population under the oppres- five times: sive yoke of U.S. sanctions. by the Senator from Indiana proposes Federal Republic of Yugoslavia, Jan. 21, Well, it just ain’t so. to fix. 1993 (NAM: ‘‘These restrictions were designed I’ve examined these so-called statis- But don’t take my word for it. The to help implement U.N. Security Council tics. And I’ve found that they are fab- staff of the Committee on Foreign Re- Resolutions 757, 787, 820, and 942.’’) July 15, 1998 CONGRESSIONAL RECORD — SENATE S8203 UNITA & Angola, September 26, 1993 (NAM: rhinoceros products, lifted several months most of these actions were taken at the ‘‘Designed to help implement U.N. Security later) President’s discretion, either by Execu- Council Resolution 864.’’) SANCTIONS AFFECTING ONLY INDIVIDUALS OR tive Order or based a law where Presi- Libya, December 3, 1993 (NAM: ‘‘President SPECIFIC CORPORATE ENTITIES: 7 announces tightened economic sanctions dent had broad waiver authority. None of us would consider seizing the as- against Libya in accordance with U.N. Secu- If the Senate is going to have a de- sets of drug traffickers, or blocking imports rity Council Resolution 883.’’) bate over sanctions policy, we should Haiti and Angola, April 4, 1994 (NAM: ‘‘The from one company using in prison labor as a do so on the basis of facts, not distor- regulations are amended to add Haiti, as a ‘‘sanction.’’ The NAM study does—seven tions presented by the anti-sanctions times: result of the U.N. arms embargo against it, lobby. That is the reason that the Re- and to reflect the qualified embargo of An- Haiti, June 4, 1993 (NAM: ‘‘limits on entry into U.S. and freezing of personal assets of publican and Democratic leaderships gola, also in line with U.N. multilateral have formed a bipartisan sanctions sanctions.’’ (Sudan?) specially-designated nationals who act for or Rwanda, May 26, 1994 (NAM: ‘‘Prohibition on behalf of the Haitian military junta or task force to examine the facts, and on sales of arms and related material to make material contributions to that re- make recommendations. Rwanda. Designed to help implement U.N. gime.’’) Apparently, some in the business Security Council Resolution 918) China, June 16, 1993 (One entity affected: community would prefer for the Senate Qinghai Hide & Garment Factory. Reason: LIMITED BANS ON TRADE IN LETHAL MILITARY Use of slave labor) to act before the facts come out. We ITEMS: 8 China, August 24, 1993 (Two Chinese enti- should not fall for such tactics. The NAM study lists every single executive ties affected. Reason: Nuclear proliferation Mr. President, I yield the floor. order or decision blocking the sale of lethal to Pakistan.) Mr. COCHRAN addressed the Chair. military items to a rogue states as a broad- Middle East, Jan. 23, 1995 (NAM: ‘‘Presi- The PRESIDING OFFICER. The Sen- based ‘‘sanction’’: dent blocks assets of persons determined to ator from Mississippi. Zaire, April 29, 1993 (NAM: ‘‘Ban on the have committed or present a significant risk Mr. COCHRAN. Mr. President, if sale of defense items and services to Zaire.’’) of committing actions of violence that would Nigeria, June 24, 1993 (NAM: ‘‘Steps taken there are no other Senators wishing to disturb the Middle East Peace process, and in reaction to the military blocking a return speak on the Lugar amendment at this he blocks transactions by U.S. persons with to civilian government. . . . U.S. announces these foreign persons.’’) time, and I see none on the floor, I there will be a presumption of denial on all Colombia, October 21, 1995 (NAM: ‘‘Execu- think we should proceed to set aside proposed sales of defense goods and services tive Branch blocked property subject to ju- the Lugar amendment and turn to an to Nigeria.’’ risdiction of important foreign narcotics China, May 26, 1994 (President announces amendment to be offered by the Sen- traffickers. Original list of four traffickers support for MFN for China, but imposes ban ator from Nevada, Senator BRYAN. It is expanded to 80 entities and individuals on on import of certain Chinese munitions and my hope that we can complete debate October 24, and more added in November 1995 ammunition) on the amendment of the Senator from Nigeria, November 1994 (NAM: ‘‘U.S. bans [4] and March 1996 [198].’’) Nevada before the hour of 6 o’clock, the sale of military goods to Nigeria. In reac- China, April 29, 1996 (One Chinese entity af- fected: Tianjin Malleable Iron Factory. Rea- and at 6 there would be a motion to tion to hanging of nine environmental activ- table the Lugar amendment and a vote ists, U.S. adds to sanctions already son: Use of slave labor.) North Korea, Iran, June 12, 1996 (NAM: thereon. Then I will move to table the imposed . . . Besides ban on the military ‘‘Sanctions imposed on three entities in Iran sales, the U.S. also extended a ban on visas Bryan amendment and we will have a and North Korea that have engaged in mis- for top Nigerian leaders.’’) vote on that. That is the plan of ac- Nigeria, December 21, 1995 (NAM: ‘‘Suspen- sile proliferation activities.’’) tion. sion of all licences to export commercial de- DENIAL, RESTRICTIONS OR CONDITIONS ON U.S. With that, and if there is no objec- fense articles or services to Nigeria.’’) FOREIGN AID: 6 tion, I ask unanimous consent that the Sudan, March 25, 1996 (NAM: ‘‘Departments And, once again, NAM lists every restric- LUGAR amendment be temporarily set of State and Commerce announce new anti- tion on foreign aid as a sanction, asserting in aside. terrorism export controls on Sudan. . . . effect that foreign aid is an entitlement: The PRESIDING OFFICER. Without They are nearly identical to the controls Guatemala, May 27, 1993 (NAM: ‘‘Suspen- maintained on Iran for anti-terrorism pur- sion of U.S. aid programs to Guatemala, ex- objection, it is so ordered. poses.’’ cept for humanitarian assistance, and U.S. Mr. BRYAN addressed the Chair. Iran, Syria, Sudan, March 25, 1996 (NAM: opposition in . . . international financial in- The PRESIDING OFFICER. The Sen- ‘‘Departments of State and Commerce im- stitutions for loans to Guatemala . . . [in] ator from Nevada. pose new export controls on explosive device opposition to a military coup.’’ Mr. BRYAN. Mr. President, I preface detectors to Iran, Syria and Sudan.’’) Nigeria, April 1, 1994 (NAM: ‘‘President de- my comments by thanking the Senator Afghanistan, June 27, 1996 (NAM: ‘‘U.S. an- certifies Nigeria for its inadequate anti-nar- nounces policy to ban exports or imports of from Mississippi. I think the arrange- cotics efforts,’’ making it ineligible for most ment he suggests is workable, and we defense articles and services destined for or U.S. foreign aid and most programs from Ex- originating in Afghanistan.’’) Im Bank or OPIC.) will work within those time con- CASES WHERE NO SANCTIONS IMPOSED, IMPOSED Gambia, August-October 1994 (NAM: ‘‘Cut straints. BRIEFLY THEN LIFTED, OR THREATENED BUT off of all U.S. economic and military aid be- Once again, I will offer an amend- NO ACTION TAKEN: 4 cause of a military coup in July against the ment to eliminate funding for one of Cuba, Libya, Iran, Iraq, North Korea, duly elected head of state . . . pending the the most egregious examples of cor- Sudan, Syria, December 29, 1993 (NAM: ‘‘This return of democratic rule to Gambia.’’) porate welfare in America—the Market is a restructuring of existing export controls, Afghanistan, February 28, 1995 (President Access Program. This program contin- and did not result in the imposition of new decertifies Afghanistan for inadequate ues to waste millions of dollars subsi- counter-narcotics efforts. Ineligible for most controls, except on Sudan.’’ dizing advertising and other pro- [Note: See multiple-counting of existing U.S. foreign aid, Ex-Im Bank or OPIC sup- Sudan sanctions]) port, direct U.S. to vote ‘‘no’’ in inter- motions in foreign countries. Executive Order, November 14, 1994 (NAM national financial institutions) AMENDMENT NO. 3157 lists as a sanction an Executive Order which, Colombia, March 1, 1996 (NAM: ‘‘President (Purpose: To eliminate funding for the in NAM’s own words, ‘‘establishes some poli- Clinton decertifies Colombia for its inad- market access program for fiscal year 1999) cies and bureaucratic responsibilities within equate anti-drug efforts,’’ making it ineli- Mr. BRYAN. Mr. President, I send an the U.S. Government for dealing with the gible for most foreign aid, Ex-Im Bank or amendment to the desk. proliferation of weapons of mass destruction. OPIC support, and subject to U.S. opposition It did not impose any specific new sanctions for loans in international financial institu- The PRESIDING OFFICER. The on any countries.’’) tions.) clerk will report. China, February 28, 1996 (NAM: ‘‘Secretary DECLINE TO ISSUE A LETTER OF INTEREST: 1 The bill clerk read as follows: of State asks Ex-Im Bank to postpone any fi- NAM even lists a decision by the Ex-Im The Senator from Nevada [Mr. BRYAN] for nancing for U.S. companies planning to ex- Bank not to issues a ‘‘letter of interest’’ in himself, Mr. REID, Mr. GREGG, Mr. FEINGOLD, port to China because of reports that China one case as a ‘‘sanction.’’ and Mr. KERRY, proposes an amendment had shipped ring magnets to Pakistan and China, May 30, 1996 (NAM: ‘‘Ex-Im Bank numbered 3157. was otherwise supporting Pakistan’s nuclear board of directors declined, because of envi- Mr. BRYAN. Mr. President, I ask weapons program. Secretary makes a second ronmental concerns, to issue letters of inter- request on April 24, 1996. Sanction lifted on unanimous consent that reading of the est to three U.S. exporters.’’) May 10, 1996) amendment be dispensed with. Taiwan, August 9, 1994 (Import restrictions Mr. HELMS. Mr. President, as the re- The PRESIDING OFFICER. Without imposed based on Taiwan’s trade in tiger and view of the NAM study makes clear, objection, it is so ordered. S8204 CONGRESSIONAL RECORD — SENATE July 15, 1998 The amendment is as follows: There being no objection, the list was the dead every year and is currently On page 60, strike lines 4 through 11 and in- ordered to be printed in the RECORD, as authorized to receive some $90 million sert the following: follows: in fiscal year 1999. SEC. 717. None of the funds made available The Foreign Agricultural Service, by this Act may be used to provide assist- LIST OF COMPANIES IN BRANDED BUDGETED DOLLAR FAS, is a branch of the U.S. Depart- ance under, or to pay the salaries of person- ORDER FOR 1997 ment of Agriculture, and it distributes nel who carry out, a market promotion or this $90 million that has previously market access program pursuant to section Participant Budget 1997 203 of the Agricultural Trade Act of 1978 (7 been authorized in three different cat- U.S.C. 5623). E. & J. Gallo ...... WI $597,874.00 egories. One is a direct contribution to Tyson Foods ...... USAPEEC 440,000.00 Mr. BRYAN. Mr. President, I want to Mederer Corporation ...... CMA 297,000.00 private companies. Two is a contribu- M&M/Mars, A Division Of Mars, Inc...... CMA 280,547.00 tion that is made to industry associa- make some general observations. This Sun Maid ...... CRAB 163,938.00 is an area that I have had an interest Brown-Forman Corp...... XDA 161,680.00 tions which, in turn, makes grants to NAF International ...... MIATCO 125,000.00 members within that association. And in for a number of years. We have de- Precise Pet Products ...... SUSTA 110,000.00 bated it many times on the floor, and I Ralston Purina International ...... MIATCO 108,547.00 the third category is cooperatives. Quality Products Intl., Inc...... USAPEEC 105,710.00 These moneys are frequently used for say to my friends from the agricultural Canadaigua Wine Company ...... BEA 89,620.00 heartland of America that I am not un- The Seagrams Classic Wine Company ...... WI 81,000.00 the promotion of brand-name products, Shoei Food (USA) Inc...... WUSATA 70,000.00 specifically identified household names mindful that in some of the agricul- Russell Stover Candies ...... CMA 60,000.00 tural regions of our country, there is Mauna Loa Macadamia Nut Corp...... WUSATA 56,000.00 in America, as well as generic commod- Schwan’s Food Asia Pte. Ltd...... MIATCO 52,100.00 ities overseas. real economic crisis out there, particu- Specialty Brands ...... WUSATA 52,000.00 larly in the plains States. A. Smith Bowman Distillery, Inc...... SUSTA 50,000.00 So we have private companies that I am not unsympathetic to the con- Franklin Mushroom Farms, Inc...... EUSAFEC 50,000.00 receive money directly from the fund- Lyons ...... WUSATA 50,000.00 cerns of farmers. Indeed, I intend to be Twin County Grocers ...... EUSAFEC 50,000.00 ing source—industry associations and supportive of many of the amendments Seald-Sweet Growers ...... SUSTA 48,000.00 cooperatives. Golden Valley Microwave Foods ...... MIATCO 46,000.00 that will be offered to provide assist- Lion Packing Company ...... CRAB 46,062.00 In spite of numerous reforms that we ance to farmers who face real economic Fruits International, Inc...... SUSTA 45,500.00 have debated and enacted in recent The Iams Company ...... MIATCO 44,800.00 crises for a variety of reasons, many of Great Western Malting Co...... WUSATA 41,000.00 years in efforts to limit the aid pro- which I suggest have probably been de- Frontier Foods, International ...... USMEF 39,500.00 vided to giant corporations, millions of Blue Bell Creameries, L.P...... SUSTA 39,000.00 bated on the floor during the course of Bush Brothers & Company ...... SUSTA 39,000.00 dollars continue to flow to large, well- this appropriations bill. Tootsie Roll Industries, Inc...... CMA 38,000.00 established producers, agribusinesses Heublein, Inc...... WI 36,000.00 Having said that, I want to talk Austin NIchols & Co., Inc...... KDA 35,786.00 to subsidize their advertising budget. about a program that, in my judgment, Protein Technologies International ...... MIATCO 35,500.00 Let me again make the point. Jones Dairy Farm ...... USMEF 35,000.00 As part of the ongoing debate that we provides no real help to America’s Macfarms of Hawaii ...... WUSATA 35,000.00 farmers or agricultural producers and, Certified Angus Beef ...... USMEF 32,500.00 have had annually on this program, we H.J. Heins Company Ltd...... EUSAFEC 32,500.00 instead, continues to subsidize some of Beechnut (Ralston Foods) ...... MIATCO 30,900.00 have been able to persuade the Con- the largest corporations in America in European Vegetable Specialties Farms, Inc. .. WUSATA 30,000.00 gress that with respect to the direct Fetzer Vineyards ...... WI 30,000.00 terms of their advertising dollars. I be- CPC International/Best Foods Exports ...... EUSAFEC 29,250.00 contributions made to private compa- lieve this is a wholly inappropriate use Rockingham Poulty ...... USAPEEC 27,500.00 nies that are providing some of the Wm. Bolthouse Farms, Inc...... WUSATA 27,000.00 of taxpayer dollars. As I will point out Gourmet House ...... MIATCO 26,642.00 largest organizations and companies in during the course of this discussion, Pierce Foods ...... USAPEEC 25,,000.00 the world with money to supplement Prime Tanning Co., Inc...... EUSAFEC 25,000.00 the analysis of the Market Access Pro- The J.M. Smucker Company ...... MIATCO 24,750.00 their advertising accounts, it simply gram by the General Accounting Of- Maker’s Mark Distillery, Inc...... KDA 22,410.00 cannot be defended and is an out- Star Fine Foods, Inc...... WUSATA 22,000.00 fice, just released, is a definitive analy- General Mills, Inc...... MIATCO 21,200.00 rageous use of taxpayer dollars. So we sis of the efficacy of this program. Vie De France Corp...... SUSTA 21,000.00 created a small business category that Notwithstanding those who have ad- H.E. Butt Grocery Company ...... SUSTA 19,290.00 is eligible to receive the private com- Grimmway Enterprises, Inc...... WUSATA 19,000.00 vocated on its behalf and those who Kroger Co...... MIATCO 17,600.00 pany distributions. That is currently continue to defend it, the GAO report Well’s Dairy, Inc...... MIATCO 17,500.00 part of the law. Schreiber Foods, Inc...... MIATCO 15,600.00 reveals that in spite of repeated at- Barbara’s Bakery, Inc...... WUSATA 15,000.00 But that only tells part of the story, tempts to make this program account- Del Rey Packing Company ...... CRAB 15,000.00 because as you will see, the top recipi- Giumarra Vineyards ...... WI 15,000.00 able, no credible evidence could be Southern Pride Catfish ...... SUSTA 13,000.00 ents of the Market Access Program— found to support the claims that the Robert Mondavi Winery ...... WI 12,000.00 this is the specific brand of the product Sara Lee Bakery ...... MIATCO 10,500.00 Market Access Program benefits the Acclerated Genetics ...... GENETIC 10,300.00 that you can see here—continue to be economy. That is why a broad range of Chinchiolo Fruit Company ...... WUSATA 10,000.00 some of the largest companies in DiMare Company ...... WUSATA 10,000.00 organizations have been joined in oppo- Domaine Chandon ...... WI 10,000.00 America: Sunkist Growers, $2,594,000; sition. These are groups that cover the Hudson Foods, Inc...... USAPEEC 10,000.00 Blue Nuts, $4,419,000; Welch’s Jacklin Seed Company ...... WUSATA 10,000.00 political spectrum, from right to left. Simi Winery ...... WI 10,000.00 Foods, $707,000; Sunsweet, $616,000; Er- Among them are: Americans for Tax Stimson Lane Vineyards ...... WI 10,000.00 nest & Julio Gallo, $598,000; Tyson Vogel Popcorn ...... MIATCO 10,000.00 Reform, Capital Watch, the Cato Insti- Wine Alliance ...... WI 10,000.00 Foods, $440,000; and Ocean Spray, tute, Citizens Against Government Continental Mills, Inc...... WUSATA 9,000.00 $320,000. Island Coffee Company ...... WUSATA 9,000.00 The way that they have been able to Waste, Citizens for a Sound Economy, Supervalu International ...... WUSATA 9,000.00 the Competitive Enterprise Institute, Sunday House Foods, Inc...... USAPEEC 7,500.00 effectively circumvent the limitation Avonmore Ingredients ...... MIATCO 6,600.00 that this money should be made avail- Friends of the Earth, the National Tax- Red River Commodities, Inc...... MIATCO 6,400.00 payers Union, Taxpayers for Common Mission Foods ...... SUSTA 6,000,00 able only to small businesses is that in- Bil Mar Foods ...... USAPEEC 5,850.00 dustry associations and cooperatives Sense, and the U.S. Public Interest Re- EBS, Inc ...... GENETIC 5,000.00 search Group. All of these organiza- Maui Pineapple Company, Ltd...... WUSATA 5,000.00 that receive the money directly from tions have called for the elimination of Stahlbush Island Farms ...... WUSATA 5,000.00 the Foreign Agricultural Service can in this program. Many of these organiza- Total ...... 4,427,555.00 turn make grants to members of the tions have joined together in a ‘‘stop association or to the cooperative mem- corporate welfare’’ effort that named Mr. BRYAN. Mr. President, it is just bers themselves. So that is how we con- the Market Access Program among a not outside groups that are calling for tinue to see these substantial amounts select group of the most blatant of the elimination of this program. The of money that continue to flow into Federal handouts. Market Access Program was specifi- these large companies. The Green Scissors report, which rec- cally targeted for elimination in the Proponents of the program will jus- ommends cutting programs that hurt fiscal year 1999 Republican budget reso- tify this corporate giveaway by point- both taxpayers and the environment, lution. This provision was included in ing to various studies that exalt the has also cited the Market Access Pro- the legislation passed on the Senate benefits reaped by these advertising gram as a waste of money. floor by a vote of 57–41 on April 2 of campaigns, but none of the studies Mr. President, I ask unanimous con- this year. cited, nor the benefits that are as- sent that this list I have be printed in Unfortunately, however, like Laza- signed to this program, can be authen- the RECORD. rus, this program seems to rise from ticated. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8205 Mr. President, in the course of the aspect to it; that is, what is the jus- used to underwrite private corporate debate on this floor over the years, we tification for continuing to subsidize activity. have seen near magical benefits attrib- promotional efforts for well-known Proponents of this program will uted to this program—claims that each brand-name products that do not re- point out accurately that in the last dollar of spending through the Market ceive Federal assistance? These compa- few years, the largest number of Access Program yields about $16 in new nies that I have cited, Sunkist, Blue awards have gone to small businesses agricultural exports in addition to Diamond Nuts, Welch’s Foods, Tyson and cooperatives. Much of this is due thousands and thousands of jobs. Those Foods, and Ocean Spray, are fine com- to the changes to the program that have been the arguments essentially panies, are highly successful companies were passed—with the support of the that have been used to oppose the and are huge companies in terms of ranking member of the Agricultural elimination of this program. their size. What justification is there Appropriations Committee on the Sen- First of all, if this analysis were cor- to use taxpayer dollars to support in ate floor—that gave preference to rect, perhaps what we ought to do is effect augmenting or increasing the small and nonprofit applicants. put more money into this program and kinds of advertising dollars that these However, it is important to note that in effect have our Head Start young- companies clearly have the ability on the other types of MAP recipients, the sters participate in this program in their own to do? They know how to cooperatives and the industry associa- order to achieve these dramatic ‘‘mul- make a judgment as to how their ad- tions, as we pointed out, do not limit tiplier affects’’ that the advocates and vertising budgets should be spent. That the contributions that they make to defenders of this program have asserted is a private sector determination. The their members based upon size. That is for it. Government has no business, in my how we have these rather large compa- I want to make a further point: The judgment, taking hard-earned taxpayer nies receiving a staggering amount of figure that is used for these multiplier dollars and saying to each of these public assistance. That is why you will numbers is data taken from a 1995 companies we are going to give you an not see these names on MAP’s award inagency study of the Market Access additional $2.5 million or $1.5 million list. Large companies still receive Program that has drawn much criti- to add to your budget. I have an objec- funds through their associations. In fis- cism from GAO. tion to that philosophically. cal year 1997, the Chocolate Manufac- The GAO found that the analysis on Moreover, when the GAO concluded turers Association, the Kentucky Dis- which this and other fanciful claims that these dollars that we have spent tillers’ Association and the Mid-Amer- are based is flawed and does not follow over the years really have not accom- ica International Agri-Trade Council standard cost-benefit guidelines— plished anything, I think it is just to- passed through funds to M&M/Mars, guidelines that are recommended by tally indefensible. Maker’s Mark Distillery, and General the Office of Management and Budget. The GAO’s September report—this is It is true, Mr. President, as I indi- Mills, Inc., respectively, to conduct the report that was released in Septem- cated earlier, that some positive name brand promotions overseas. Finally, let me note in this context ber of this last year—has found that changes have been implemented in the that we take a look at the names of the the data that has been used and the program in an effort to focus more ef- top 10 awards for brand name pro- methodology does not support the con- fort on small business and new-to-ex- motions—the top 10 for brand name clusions that advocates of this program port producers. However, one-third of promotions. It is interesting to note attribute to this Market Access Pro- all MAP promotions are still brand that small businesses received only gram. names. They are product-specific pro- This report, which was completed at motions identifying a particular com- $825,000 of the $7,816,000 that went to the request of the Budget Committee pany, and not a generic product that is these 10 applicants. In contrast, the top in the House and its chairman, could being exported abroad. two name brand recipients, Sunkist not authenticate any of these claims I think when you look at how the and Blue Diamond, received more than that have been made. Here is just a money is actually spent, notwithstand- $4 million, more than half of that $7.8 brief summary of what the GAO con- ing the well-intentioned efforts to million total. cluded. focus this program on smaller compa- We have attempted to tighten the First, the GAO said there is no credi- nies, that we have really failed in that program, with limited funding, to ble evidence that the Market Access objective. change the definition of preferred par- Program has expanded employment The top 10 brand-name promotion ticipants, but the same large and well- and output, or reduced the trade and grants awarded by USDA, the United known recipients show up on the MAP budget deficits. States Department of Agriculture, in award list year after year. Second, it goes on to say that in- fiscal year 1997 includes some of the Many of the problems we discussed 5 creases in farm employment and in- well-known products that most Ameri- and 6 years ago continue to go unre- come cannot be attributed to Market cans probably recognize from U.S.- solved, and this recent report by the Access Program spending. based advertising. GAO still cannot verify the claims Finally, that the Market Access Pro- These are the companies. made by the USDA to justify MAP. gram is not an effective counterweight My feeling is that I think it is very The distribution, Mr. President, of for the export programs of other na- hard—I think it is impossible—to jus- millions of dollars of public funds to tions. tify spending taxpayer dollars. private businesses for self-promotion That is another argument that I am Sunkist, for example, a company that does not win any commonsense awards, sure that we will hear—that other employs between 500 and 900 people, but continued spending on such a pro- countries are helping to subsidize their and posted sales of over $1 billion, re- gram without confirmation of the pro- agricultural industry in providing a ceived $5 million in Federal advertising gram’s competitiveness is an unforgiv- number of export subsidies to assist assistance in 1996 and 1997. able abuse of public funds. those. What in heaven’s world are the tax- Before I close my comments, I want But, as the GAO has reported, this payers doing subsidizing the advertis- to put this program in some perspec- program has not been an effective ing budget of a company with sales ex- tive, because I expect many of my col- counterweight to the export programs ceeding $1 billion annually? You simply leagues will come to the floor to defend designed by other countries. can’t justify that. this program that takes $90 million of I must say that this hardly is a ring- Welch’s Foods, another fine product, taxpayer dollars and uses it for foreign ing endorsement for continued expendi- with over 1,000 employees, rang up advertising. tures for this program. That is, putting more than $550 million in sales, yet was Mr. President, the MAP cannot offset aside the philosophical objections for a awarded over $1.5 million over the past foreign competitors’ export subsidies, moment, there is really no evidence 2 years as part of this program. because it does not make U.S. products that the money that we are spending— These examples illustrate what I more affordable. It is an advertising $90 million—accomplishes a thing. have been saying for a number of subsidy, not an export subsidy. We Let me suggest that the Market Ac- years—that this program is a waste of need to ensure that our agricultural cess Program has another questionable money and public funds should not be programs provide real and measurable S8206 CONGRESSIONAL RECORD — SENATE July 15, 1998 benefits to U.S. farmers and consum- tions of the program’s costs and bene- funds designated for MAP, or any pro- ers, especially as farmers are facing fits. gram, would have no benefit, no alter- falling prices, and MAP’s benefits do The GAO leveled additional changes nate use, if otherwise deployed in the not in any way meet this test. at the program’s management, point- economy. Perhaps a little history on this pro- ing out enduring problems that Con- Put another way, USDA took the un- gram is in order to give some perspec- gress has tried to fix in the past. For tenable postion that the resources that tive: example, in spite of the requirement went into MAP could not yield benefits The Targeted Export Assistance that companies use MAP funds to sup- to the economy through other uses, (TEA) program was authorized as part plement, not supplant, their own ad- such as tax breaks for American fami- of the 1985 Food Security Act to re- vertising spending, GAO found no way lies, investment in education, or pay- verse the decline in U.S. agricultural to confirm that MAP funds were indeed ing down the debt. exports and specifically to counter the being used for unique expenditures. unfair trade practices of foreign com- The 1993 reconciliation bill required ap- USDA also assumes that MAP-pro- petitors. plicants to verify that MAP funds moted agricultural products would not Unlike products promoted under would not replace their own advertis- be exported at all in the absence of this MAP, only commodities adversely af- ing dollars, but this requirement is program, which implies that the pri- fected by unfair foreign trade practices largely unconfirmed by USDA officials vate sector would not pursue these ex- were eligible for funding under TEA. and verification is left up to MAP ap- port opportunities without MAP assist- This restriction continued until 1994, plicants. ance. This premise holds that on the but was eliminated as part of the im- It is also difficult to establish that one hand, these markets would be un- plementing legislation for the Uruguay MAP’s stated goal of introducing firms profitable without help from the fed- Round trade agreements. So, while a to new markets is being met. Major eral government, but on the other link between USDA export promotion questions remain unanswered, such as: hand, these same markets bring in high aid and foreign trade practices once ex- when have companies or associations returns on promotion expenditures. If isted, it is no longer a requirement for had ‘‘enough’’ assistance? Some firms the returns on investment are indeed MAP participants. will have been participating in the pro- as great as the agency holds, why Even when the program was still tar- gram for 13 years before the 5-year would the private sector not undertake geted at unfair trade practices, it was ‘‘graduation’’ requirements (instituted its own promotional activities? prone to wasteful spending on behalf of in 1994) will begin to take effect. The For a recipient like Sunkist, whose huge corporations such as McDonalds, USDA currently does not have a stand- homepage on the Internet boasts that Campbell Soup and a host of others. ard method for deciding when their ‘‘Sunkist is the 43rd most recognized After a critical audit by GAO, the pro- own program goals are reached, so name brand in the United States and gram’s name was changed to the Mar- business interests or associations can the 47th most recognized in the world,’’ ket Promotion Program as part of the stay in the program without regard to it becomes clear that this program is 1990 farm bill. their NEED for funds to open new mar- wasting scarce federal dollars subsidiz- Then, after two more reports critical kets. ing an already highly-successful com- of the program, its name was again At the center of the GAO’s criticisms pany’s advertising budget. changed in 1996, this time to the Mar- of MAP’s effectiveness is the faulty Finally, in its 1995 report USDA also ket Access Program. At that time, economic analysis used by USDA to assumes that all of the workers and Congress was under extreme pressure make its case for the program. GAO re- farmers whose labor and output is asso- to end the corporate handout, and ported that USDA’s flawed evaluations ciated with MAP-promoted exports some positive and significant changes made it extremely difficult to analyze would be completely unemployed were to the program’s management were MAP’s contributions to the economy, it not for the MAP program. Under this proposed and adopted: because the program analysis for MAP premise, USDA calculates these work- USDA was directed to stop awarding does not conform with the Office of ers’ employment and income as bene- funds to foreign companies; Participa- Management and Budget’s (OMB) agen- fits generated by MAP, crediting the tion was restricted to small businesses, cy guidelines for cost-benefit analysis. program with economic expansion and cooperatives, and trade associations; These guidelines are used by agencies increased tax revenues. and companies were required to certify to construct a uniform standard for that funds were not merely substitut- evaluating programs’ performance as Mr. President, any federal program ing for private marketing funds that required under the Government Per- evaluated under this same set of as- were already being spent. formance and Results Act (GPRA). sumptions would appear to generate in- I wish that I could say that these Without using a standard method of come. This type of accounting is not changes have ensured that the program evaluating various government pro- permitted for other programs, and provides a fair return to the American grams, it would be nearly impossible to should not be permitted to stand here. people. Unfortunately, even with these judge any program’s effectiveness. The result is that USDA’s analysis of restrictions written into law, millions OMB instructs agencies, when ana- MAP includes exaggerated estimates of continue to flow to large corporations lyzing the impact of any program, to the program’s worth that are mislead- through associations and cooperatives assume that resources are ‘‘fully em- ing but are nonetheless often quoted by with no real assurance that the funds ployed’’ [‘‘Guidelines and Discount proponents of the program. are not used to replace private adver- Rates for Benefit-Cost Analysis of Fed- Let me give you some examples of tising dollars. eral Programs,’’ OMB Circular No. A– the overblown gains attributed to MAP These criticisms were restated by the 94, sec 6b(3) (Oct. 29, 1992)]. These as a result of the department’s faulty GAO in the report released last fall fol- guidelines are in place to ensure that, analysis. According to information in- lowing yet another GAO investigation, in keeping with the implementation of cluded in the USDA’s 1999 Performance requested by Representative JOHN KA- the Government Performance and Re- Plan and the Foreign Agriculture Serv- SICH, into the effectiveness of the Mar- sults Act, each agency follows a uni- ice’s five-year strategic plan, the $90 ket Access Program and the claims form framework when evaluating costs million annual allocation for MAP, made about its success. and benefits of its programs. This through a multiplier effect, results in In this key report, the GAO discred- framework includes the assumption of $5 billion in agricultural exports, ex- its the analysis used by the USDA in fully employed resources. pands the national economy by $12 bil- reports that claimed that MAP has a However, in its 1995 analysis of the lion, and creates 86,500 jobs. And that is significant impact on the economy, the Market Access Program, USDA did not jsut the 1997 impact. agricultural sector, and U.S. trade ef- adhere to the OMB cost-benefit guide- forts. The GAO audit found fault with lines and assumed that program re- It sounds too good to be true, and it each of these conclusions because each sources would otherwise be unem- is. was based on the agency’s use of flawed ployed. Clearly, it is not accurate, in These incredible returns are the re- methodology and incomplete evalua- today’s economy, to assume that the sult of USDA’s ‘‘free lunch’’ analysis— July 15, 1998 CONGRESSIONAL RECORD — SENATE S8207 an irrational conclusion that MAP ben- the USDA. Nor has there been a study and make them more accessible to U.S. efits the economy, based on faulty as- to simply evaluate whether generic or agriculture exports. sumptions that federal and private re- branded promotions are more success- The purpose of the Market Access sources have no alternate use or im- ful in promoting exports, and where Program, which we began in 1985, was pact on the economy. these efforts are most successful. to help expand foreign markets. Since Another major claim made in support Mr. President, there is just not then, agriculture exports have doubled. of MAP is that these funds are needed enough evidence out there which backs Last year, agriculture exports amount- to counteract the export assistance of up the claims we have all heard about ed to $57.3 billion, which resulted in a our foreign competitors. The GAO re- the Market Access Program. I can $21.5 billion agriculture trade surplus, port finds this claim, like the others, think of no other federal program that providing jobs for approximately 1 mil- unreliable because of the lack of verifi- we allow to receive funds without a rig- lion Americans. able information about foreign com- orous examination of the costs and When we had our hearings in our ag- petitors’ export assistance activities. benefits associated with the govern- riculture appropriations subcommittee We often hear about the large ment’s investment. We demand this this year, we had representatives from amounts of money that foreign com- kind of analysis even for D&D pro- the administration before our commit- petitors pump into export subsidies, grams which often have uncertain fu- tee talking about the Foreign Agricul- and how important it is to make U.S. ture outcomes and benefits that are tural Service programs. I am going to crops competitive in foreign markets difficult to forecast. read the Senate something from the or risk being locked out of these mar- We must ask ourselves, if a policy of statement of one of those officials. kets altogether. This argument is irrel- underwriting the advertising expenses He said: evant to any discussion about MAP, of large producers and corporate inter- The outlook for U.S. agricultural exports however, because unlike USDA’s export ests makes sense when we are cutting is heavily influenced by competitive pres- subsidy programs which lower the back on funding for domestic food secu- sures that differ by commodity and can af- prices of U.S. crops abroad, the Market rity and important research initia- fect price and/or quantity of sales. One of the Access Program is not an export sub- primary sources of this pressure is the rising tives. We cannot justify spending one value of the U.S. dollar, especially against sidy, it is a promotion subsidy, and more dime on this unproven program, the currencies of our major competitors. does not lower prices of U.S. goods in and this view is shared by a long list of This has the effect of making U.S. exports foreign markets. government watchdog and consumers more expensive to our customers relative to Furthermore, while it is true that groups representing a broad range of those of our competitors. MAP’s focus at its creation was coun- beliefs: Americans for Tax Reform, Then there is a discussion in another tering unfair trading practices em- Capitol Watch, the CATO Institute, part of this witness’ statement about ployed by our competitors in overseas Citizens Against Government Waste, what some of the competitors are doing markets, this is no longer the case. As Citizens for a Sound Economy, Com- to try to enlarge their share of the I mentioned earlier, MAP’s focus on petitive Enterprise Institute, Friends world market for their products: matching competitors’ moves was re- of the Earth, National Taxpayers We continue to face stiff competition in moved when the implementing legisla- Union, Taxpayers for Common Sense, markets around the globe. Our annual review tion for the Uruguay Round agree- and the U.S. Public Interest Research of the export promotion activities of the two ments was approved in 1994, allowing Group. countries that account for our major com- MAP funds to be used for general ex- I urge all of you to take a long, hard petition found that, just like the United port promotion purposes as the Foreign look at this program’s track record and States, many of our competitors have ambi- Agricultural Service sees fit. This vote to end the waste of taxpayer dol- tious export goals. The EU and other coun- change, combined with a lack of first- tries assist their producers and small busi- lars on foreign advertising and pro- nesses to develop foreign markets through hand knowledge about foreign export motion. activities similar to our Market Access Pro- activities, led the GAO to conclude Mr. President, I yield the floor. gram and Foreign Market Development Pro- that claims about MAP’s effectiveness Mr. COCHRAN addressed the Chair. gram. in countering other nations’ export as- The PRESIDING OFFICER. The Sen- He goes on to say that in the EU sistance cannot be verified. ator from Mississippi. countries, it is estimated that $400 mil- Another question that has been Mr. COCHRAN. Mr. President, I lion in 1995 and 1996 would be spent for raised about this program is whether think it is very clear from the unani- market promotion: its export promotion subsidies are un- mous vote we had on the resolution In Australia, Canada and New Zealand, dertaken by other programs at USDA. with which we started the debate on those governments have strong govern- The Congressional Research Service, in this legislation that all Senators agree mental promotion agencies and rely heavily a February 1997 report, raises this our agriculture sector is under tremen- on their statutory marketing boards to carry question in relation to the Foreign dous pressure and the Congress and the out market development activities for pro- Market Development Program (FMD), President ought to take immediate ac- ducers of specific agricultural products. which has been around since 1954. The tion to respond to these needs in the With this information and with the FMD program is much like the MAP agriculture sector because of low prices understanding of the success of many except that it is focused on developing in some areas, because of adverse of these countries that are competing foreign markets for U.S. commodities, weather conditions in other areas, be- with us for market access and market as opposed to name-brand and proc- cause of a decline in demand resulting goals, it would be the height of folly, in essed exports. Therefore, its jointly- from the Asian economic crisis. Some my judgment, to abandon one of the funded activities are aimed more at of our strongest customers and mar- most successful programs that we have technical assistance and market re- kets are in that area of the world. had to assist our agriculture producers search rather than advertising and So I think we have all gone on record in finding new markets and expanding other consumer-oriented promotions. as agreeing we need to use our best ef- those markets. We have had almost However, unlike MAP, funding levels forts, we need to mobilize our agencies every year since I have been managing for FMD have remained under $50 mil- of Government to take on the respon- this agriculture appropriations bill an lion annually, and activities have not sibility of helping to develop access to effort to either reduce the amount of grown to include brand-name pro- new markets, to try to help expand old money we were spending on market ac- motions. markets so that we can sell what we cess promotion or to eliminate the pro- While these two programs take a are producing and create a better pros- gram entirely. similar approach to different markets, pect for profit in agriculture in the In the writing of the 1996 farm bill to there has been very little analysis of production sector. try to deal with some of the criticism which type of promotion is more effec- So I don’t think we have seen a situa- that had been directed toward this pro- tive. It would be helpful to be able to tion in the last several years when gram, it was reformed and changed so compare MAP’s track record with the there was any more reason to have a that this year for the first time only results attributed to FMD, but this in- Market Access Program and to invest small businesses and farm cooperatives formation has not been compiled by in an effort to expand these markets will be eligible to have the benefits of S8208 CONGRESSIONAL RECORD — SENATE July 15, 1998 this Market Access Program. There Reducing or eliminating [Market Access main competitive, we are going to have had been criticism that only the big, Program] funding in the face of continued to continue the policies and programs wealthy companies were benefiting, subsidized foreign competition, and with an- that have been effective, and we are other round of trade negotiations set to going to have to deal with the reality only brand names were being adver- begin in 1999, would be nothing less than uni- tised. It was a way for big companies to lateral disarmament. Such action would also of competition from others. The avoid having to pay their own advertis- violate the commitments made when Con- amendment proposed by the distin- ing costs. gress approved the 1996 farm bill and [it guished Senator from Nevada would Let me explain that. Because of the would] jeopardize its continued success. make us take a step backwards. It reforms that have been made and the The letter also points out that this would make us give up one of the most experiences that many have had in the amendment to reduce funding that the effective tools we have to help Amer- program, the evidence is very compel- Senator from Nevada is offering again ican agriculture continue to prosper. ling that this program has been work- this year was defeated last year—the The promotion activities of the De- ing by attracting attention to the fact effort to eliminate the funding—by a partment of Agriculture have estab- that American-made products do have vote here in the Senate of 59 to 40. I lished a foundation for future market high quality. Not only the raw agri- think the Senate has come to realize growth and expansion. But it is more culture commodities that are sold, but this is an important program, it de- important now, with the world situa- those that are processed and manufac- serves the support of the Senate, and it tion as it is and hardships in American tured—some of those qualify and are has been reformed and revised so that agriculture that have been identified over the last day and a half in discus- eligible for participation in this pro- the eligibility standards, the U.S. De- sions here on the floor, that the De- gram. Let me just give one example. partment of Agriculture oversight, all partment continue to work as hard as The U.S. cotton industry, through make sure that the funds are spent the Cotton Council International orga- it can to use its resources to be a part- wisely and that we get our money’s nization, working under the Depart- ner with the farmers and the exporters worth as a result of this investment. of America to meet our expansion ob- ment of Agriculture’s oversight, re- Mr. President, there are also other jectives for American agriculture. Our tains control over the expenditure of specific groups that have benefited funds that are made available for the exports are essential, not only to agri- from the Market Access Program. It cotton industry. These Market Access culture, but to the Nation’s economic has come to my attention, for example, Program funds are applied only to Cot- well-being as well. that the catfish industry—which is ton Council International advertise- Jobs are created in the producing and still a new industry that has been ments that are produced to commu- packaging industries, in transpor- nicate the benefits of U.S.-grown cot- growing enormously in our country—is tation—a wide range of economic ac- ton and establish consumer preference dependent upon the exports that we tivities are affected by agriculture. It for products that bear the name ‘‘Cot- have come to appreciate. And in the is one of the strongest economic sec- ton USA.’’ This is a trademark. It is European market, one example is Ger- tors we have. To keep it that way, we registered. It represents all of U.S. cot- many. Since 1991, catfish exports to are going to have to take care of it. We ton and manufactured cotton products Germany have increased from 18 metric can’t just let it shrivel. We can’t let it in export promotion. These funds are tons a year to 237,437 metric tons in be the victim of international condi- used to advertise ‘‘Cotton USA,’’ and it 1996. tions as exist in Asia today. We have to associates that brand name with quali- The Washington apple industry cred- do our part. The Senate has to do its fied manufacturers. The funds are not its the Market Agriculture Promotion part, too. American agriculture needs used to subsidize the advertising of pri- Program with fostering its dramatic us, needs the programs like the Market vate companies but, rather, all U.S.- apple export expansion to Indonesia. Access Program, in order to compete in grown cotton. Here is a country that has had substan- this new global environment. Let me tell you what the results are. tial economic problems recently, but I can’t stress any more than I have In 1997 alone, the Market Access Pro- back in 1990 they had less than $800,000 tried to the importance of our rejecting gram helped combat unfair trading worth of apples being sold into that this amendment. I urge all Senators to practices of other countries. It helped market. But each year since then, in oppose the amendment. U.S. cotton producers get more income spite of economic conditions there, Mr. President, I ask unanimous con- from the market as farm program pay- sales have expanded, culminating in re- sent that the letter I referred to from ments declined. It helped generate $2.5 cent exports totaling $34 million. the Coalition to Promote U.S. Agri- billion in cotton fiber exports and $5 Another example is the U.S. Meat culture Exports and list of members be billion in manufactured cotton product Export Federation. It offers a Branded printed in the RECORD. exports. It helped expand jobs, with Product Promotion Program to help There being no objection, the letter over 150,000 workers depending directly private companies, small businesses was ordered to be printed in the on cotton and cotton product exports. and cooperatives, promote their own RECORD, as follows: That is one example of an agriculture labels in foreign countries. This Brand- COALITION TO PROMOTE commodity that is very important in ed Product Promotion Program has U.S. AGRICULTURAL EXPORTS, my State of Mississippi and throughout been instrumental in helping a small Washington, DC, June 22, 1998. our country. It is one of our major ag- Ohio company called Certified Angus Hon. THAD COCHRAN, riculture exports from our State. Beef introduce new-to-market meat Chairman, Subcommittee on Agriculture, Rural cuts overseas. The sales have risen Development and Related Agencies, Commit- There are many others. The coopera- tee on Appropriations, U.S. Senate, Wash- tives that are involved in produce, the from 6.2 million pounds in 1990 to 37.3 ington, DC. fruit and vegetable business in Califor- million pounds in 1996. The association DEAR MR. CHAIRMAN: We are writing to nia and elsewhere, have indicated how members throughout the country have urge your continued strong support for important this program is to them. As benefited from these export sales. The USDA’s Market Access Program (MAP) when a matter of fact, there is an entire list association has received $53,000 in fund- the Senate considers the FY 1999 Agriculture of organizations which have banded to- ing from MAP over a 6-year period. Appropriations bill (S. 2159). Such support is gether and described themselves as the This is another specific example essential to help encourage U.S. agriculture exports, counter subsidized foreign competi- Coalition to Promote U.S. Agricultural where we have targeted the MAP funds tion, strengthen farm income and protect Exports. They wrote me a letter dated to small businesses, to associations, to American jobs. Last year with your leader- June 22, 1998. The coalition member- cooperatives, and, for the first time in ship, the Senate rejected efforts to eliminate ship list is attached to this letter. It 1998, according to Secretary Glickman funding for MAP by a vote of 59 to 40. runs the gamut across the country of when he testified before our commit- Both farm income and the economic well- various kinds of agricultural organiza- tee, this will be the first year when all being of agriculture are heavily dependent tions and producer groups. But I want- on exports, which account for as much as of the funds will go to such entities. one-third or more of domestic production. ed to just read a couple of things from I think it is very clear from the evi- This is especially true since passage of the this letter, and then I will have the en- dence we have accumulated and the 1996 farm bill (FAIR Act), which gradually tire letter, and the list, printed in the testimony we have had, and our hear- reduces farm programs over a 7 year transi- RECORD: ings, that for U.S. agriculture to re- tion period, while providing producers with July 15, 1998 CONGRESSIONAL RECORD — SENATE S8209 greater planting flexibility to respond to the National Cotton Council. practices by those who compete in the global marketplace. National Council of Farmer Cooperatives. world’s international agricultural mar- Much of the support for the 1996 farm bill National Dry Bean Council. kets that may be decidedly unfair to National Farmers Union. was based on assurances that programs en- American agriculture. I am concerned couraging U.S. agriculture exports would re- National Grange. main a key component of U.S. policy. The National Hay Association. about that as a citizen and am pre- global marketplace continues to be charac- National Grape Cooperative Association, pared to support measures that effec- terized by subsidized foreign competition. Inc. tively deal with that issue and help Last year, the European Union budgeted $7.2 National Milk Producers Federation. American farmers. I am for that. billion for export subsidies. Along with other National Peanut Council of America. I recognize that, as the myth of this foreign competitors, it also spent nearly $500 National Pork Producers Council. program has taken on legendary pro- million on market promotion efforts. (This National Potato Council. National Renderers Association. portions, it is an article of faith, compares with $90 million authorized for unshaken by factual analysis, that MAP.) The EU spends more on wine pro- National Sunflower Association. motion than the U.S. spends for all commod- NORPAC Foods, Inc. somehow the Market Access Program ities combined. Northwest Horticultural Council. provides additional farm employment, While small compared to similar efforts by Pet Food Institute. expands exports internationally, is a other countries, MAP has been a tremendous Produce Marketing Association. significant contributor to the growth success as a cost-share program in helping Protein Grain Products International. of the American economy, and some- Sioux Honey Association. encourage U.S. agriculture exports. Last how is an effective counterweight to year, such exports amounted to $57.3 billion, Southern U.S. Trade Association. Sun-Diamond Growers of California. some of the unfair competitive prac- resulting in a positive $22 billion agricul- Sun Maid Raisin Growers of California. tices which American agriculture faces tural trade surplus. Without U.S. agriculture Sunkist Growers. exports, our nation’s trade deficit would be abroad. Sunsweet Prune Growers. even worse. U.S. agriculture exports also Mr. President, the problem with that The Catfish Institute. provided jobs for nearly one million Ameri- is that each of those arguments has The Farm Credit Council. cans. Every additional billion dollars in agri- been analyzed in considerable detail, The Popcorn Institute. culture exports help create as many as 17,000 not by the Senator from Nevada but by Tree Fruit Reserve. or more new jobs. Tree Top, Inc. the GAO in its most recent report of Reducing or eliminating MAP funding in Tri Valley Growers. September 1997. the face of continued subsidized foreign com- United Egg Association. Very simply, what the GAO report petition, and with another round of trade ne- United Egg Producers. concludes is that none of the claims, gotiations set to begin in 1999, would be United Fresh Fruit and Vegetable Associa- none of the assertions made, can be nothing less than unilateral disarmament. tion. Such action would also violate the commit- verified or authenticated—none; none. USA Dry Pea & Lentil Council. The GAO report goes to the heart of ments made when Congress approved the 1996 USA Poultry & Egg Export Council. farm bill and jeopardize its continued suc- USA Rice Federation. the argument that, notwithstanding cess. U.S. Apple Association. this mythic epic that seems to have Again, we urge your continued support for U.S. Feed Grains Council. arisen that suggests that this program this vitally important program by opposing U.S. Livestock Genetics Export, Inc. is indispensable to American agri- any amendments that would either eliminate U.S. Meat Export Federation. culture, the GAO report says, ‘‘Look, or reduce funding. U.S. Rice Producers Association. none of that, none of that can be veri- Sincerely. U.S. Wheat Associates. COALITION TO PROMOTE fied.’’ That is the basic premise here. Vinifera Wine Growers Association. Yes, I want to be supportive and U.S. AGRICULTURE EXPORTS Vodka Producers of America. COALITION MEMBERSHIP—1998 Washington Apple Commission. helpful to American agriculture in its time of crisis, but how can you support Ag Processing, Inc. Western Pistachio Association. Alaska Seafood Marketing Institute. Western U.S. Agricultural Trade Associa- a program that in 10 years has cost the American Farm Bureau Federation. tion. American taxpayer $2.3 billion? American Forest & Paper Association. Wine Institute. Let me make it clear—and this is not American Meat Institute. Mr. COCHRAN. Mr. President, for the the subject of debate today, and the American Seed Trade Association. benefit of the record, I quoted one of Senator from Nevada certainly will American Sheep Industry Association. the witnesses who testified before our yield to the Senator from Mississippi American Soybean Association. hearing. The person I quoted was Lon in terms of his expertise in agricultural Blue Diamond Growers. Hatimaya, who is Administrator of the California Agricultural Export Council. programs—but so none of my col- California Canning Peach Association. Department of Agriculture’s Foreign leagues is somehow under the impres- California Kiwifruit Commission Agriculture Service. sion that this Market Access Program California Pistachio Commission. Mr. BRYAN. Mr. President, has the which I seek to eliminate strikes at the California Prune Board. distinguished floor manager yielded core of what we are trying to do to help California Table Grape Commission. the floor? Apparently the answer is American agriculture, let me point out California Tomato Board. yes. Mr. President, if I might be recog- that in this same 10-year period that California Walnut Commission. nized. we spent $2.3 billion on a program Cherry Marketing Institute, Inc. The PRESIDING OFFICER. The Sen- Chocolate Manufacturers Association. which the GAO says does not do what CoBank. ator from Nevada. it is intended that it does, or at least it Diamond Walnut Growers. Mr. BRYAN. Mr. President, I find cannot verify or authenticate it, we Eastern Agricultural and Food Export myself in agreement with at least the have spent $9 billion on export sub- Council Corp. concern that is expressed by the able sidies, $7.8 billion on food aid, $53.1 bil- Farmland Industries. chairman of the subcommittee. There lion in loan guarantees. We have tried Florida Citrus Mutual. is no question that certain agricultural to deal with some of the issues which Florida Citrus Packers. segments in America face a real crisis. American agriculture faces in the Florida Department of Citrus. As I said at the outset of our discussion Froedtert Malt Corporation. international marketplace. Ginseng Board of Wisconsin. on this amendment, I am not unmind- Point No. 1: If nothing else is taken Hop Growers of America. ful, I am not unsympathetic, of these out of this debate, the GAO says this International American Supermarkets concerns and, indeed, I expect to sup- program, notwithstanding the inten- Corp. port a number of proposals that will be sity and the passion that its advocates International Dairy Foods Association. advanced to assist American agri- share for it, simply doesn’t do the Kentucky Distillers Association. culture as it moves through this crisis things that the advocates contend. Mid-America International Agri-Trade period. Point No. 1. Council. I do not deny that the decline has de- The second point that I think needs National Association of State Departments of Agriculture. manded, that the turmoil in Asia has to be raised, even if one conceded for National Cattlemen’s Beef Association. created a problem, that there are some the sake of argument—and I do not and National Confectioners Association. weather-related phenomena, that, in- the GAO does not—how can you con- National Corn Growers Association. deed, there may be some competitive tinue to justify paying $2.5 million to S8210 CONGRESSIONAL RECORD — SENATE July 15, 1998 the good folks at Sunkist? How do we list still. I am sure they welcome get- Two years ago, European Union (EU) justify paying $1.5 million to the good ting $440,000 a year. Tyson Foods does export subsidies amounted to approxi- folks at Blue Diamond Nuts? These are over $5 billion a year, and I certainly mately $10 billion in U.S. dollars. The sophisticated, highly effective Amer- do not want to pick on a company in EU and other foreign competitors also ican companies whose products are my home State, particularly one that spent nearly $500 million on market world class, and, notwithstanding the has so many of my close friends in it. promotion. The EU spends more on fact that none of these products are But that is precisely the reason I have wine promotion than the U.S. spends grown in my State, I think as Ameri- always objected to this program. I for all its commodities combined. cans we take great pride in their suc- know that it does some good. Mr. President, the Market Access cess, and the fact these products are I heard the chairman, Senator COCH- Program should be fully maintained as found in the storefronts in the markets RAN, talking a while ago about some of authorized and aggressively utilized by of the world, that is wonderful, but how the benefits of it, and who has bene- the U.S. Department of Agriculture to do we justify subsidizing with taxpayer fited, and how much, and so on. I just encourage U.S. agricultural exports, dollars? These companies have adver- think it is welfare for the rich. That is strengthen farm income, counter sub- tising budgets of tens of millions of the reason I have always opposed it. sidized foreign competition and protect dollars—probably much more than Senator COCHRAN and I disagree. I American jobs. that. So the American taxpayer is guess this is about the only thing— Mr. FEINGOLD. Mr. President, I join asked to write a check to subsidize maybe one or two things—we will dis- the National Taxpayers Union, the these advertising accounts. agree on in this entire bill. We get Friends of the Earth, Citizens Against This program is not an export sub- along famously in the committee, but Government Waste and other pro-con- sidy, it is an advertising subsidy. The this is one that I simply could not let sumer government watchdog groups in point I make in response to the point my dear friend, Senator BRYAN, take supporting Senator BRYAN’s amend- of my able colleague from Mississippi on alone. I just wanted to get my 2 ment to terminate the Market Access is, No. 1, the GAO says it doesn’t ac- cents’ worth in and to state that I will Program. Throughout the years, this complish what it says it is designed to vote with Senator BRYAN on this. wasteful program has sometimes care- accomplish; and, No. 2, the philosophi- I yield the floor. lessly used taxpayer money to help cal point, notwithstanding all of our Mr. KEMPTHORNE. Mr. President, I those who can afford to help them- attempts to reform this program that rise today in support of the Market Ac- selves—instead of this country’s strug- it ought to be confined—I don’t think cess Program. This program continues gling small farmers. it ought to be in existence—to small to be a vital and important part of U.S. Mr. President, over the last ten companies, still when you look at the trade policy aimed at maintaining and years, the USDA has shelled out $1.4 top 10 companies that receive these expanding U.S. agricultural exports, billion for the Market Access Program dollars, small businesses receive only countering subsidized foreign competi- (MAP), which is intended to promote $825,000 of the $7,816,000 that went to tion, strengthening farm income and U.S. products abroad. MAP has been these top 10 applicants. protecting American jobs. roundly criticized for giving away mil- Notwithstanding what we attempted The Market Access Program has been lions of taxpayer dollars to agri- to do in previous years, in effect, large a tremendous success by any measure. business giants in the name of trade, companies continue to be the bene- Since the program was established, but the program has managed some un- ficiaries of a substantial amount of U.S. agricultural exports have doubled. usual feats, including scaring off for- taxpayers’ dollars to supplement their In Fiscal Year 1997, U.S. agricultural eign consumers. As we face the already advertising accounts. exports amounted to $57.3 billion, re- challenging task of reducing the deficit My good friend and I have an honest sulting in a positive agricultural trade and preserving Social Security, MAP is difference of opinion. I think that is surplus of approximately $22 billion a program that the federal budget, and wrong. I am willing to work with and and contributing billions of dollars the taxpayer, can do without. to support Members from agricultural more in increased economic activity I do not need to remind members of States in trying to do something that and additional tax revenues. the millions of dollars wasted on MAP makes sense, that works, that can be For example, the Idaho State Depart- and the programs preceding it. In 1989, helpful, but at this point the GAO has ment of Agriculture received $125,000 of we had the Japan/California raisin fi- concluded that none of the claims has Market Access Program funds during asco. The California Raisin Board ran any validity. I think it is very difficult the past year. These funds were used to untranslated ads to promote their rai- to continue as we have for the last dec- promote Idaho and Western United sins in a market where raisins were ade where we spent $2.3 billion on this States agricultural products in the rare. Baffled at the sight of these program. international markets of China, Tai- strange dancing blobs, many Japanese Mr. President, I yield the floor. wan, Brazil, Mexico, Guatemala, and children were frightened. Mr. Presi- AMENDMENT NO. 3157 Costa Rica. One particular activity, dent, it’s safe to say that if the Califor- Mr. BUMPERS. Mr. President, the the promotion of western U.S. onions nia Raisin Board had done any market amendment offered by the Senator in Central America, required $15,000 of research, they would not have wasted from Nevada, Mr. BRYAN, in my opin- MAP funds and generated inquiries for $3 million on those commercials. They ion, is a meritorious amendment. He onions valued at $150,000. wouldn’t have been so careless. and I fought this battle. I fought it for Demand for U.S. agricultural prod- MAP is the kind of program most maybe 3 or 4 years alone, and then Sen- ucts is growing 4 times greater in taxpayers know little or nothing ator BRYAN came to the Senate, and we international markets than domestic about, but we are paying dearly for it. have labored in the venue of trying to markets. MAP has been an enormously Though the program has undergone do away with what was then the Mar- successful program by any measure in some changes over the last nine years, ket Promotion Program and now called supporting this growth. Since the pro- it continues to dole out money to some the Market Access Program. gram began in 1985, U.S. agricultural of the largest agriculture companies in I have absolutely no quarrel with exports have more than doubled— the country with funds that could in- trying to assist people who really need reaching a record of nearly $60 billion stead be used to help small farmers. help. The Export Enhancement Pro- dollars in 1996; contributing to a record Some of the companies receiving gram isn’t being used. It is a big pro- agricultural trade surplus of $30 mil- MAP funds in fiscal year 1998 include gram, but it isn’t being used. When I lion; and providing jobs to over 1 mil- Sunkist Growers and Blue Diamond started on this, the Market Promotion lion Americans. Growers. Both are big companies that Program included the biggest compa- MAP is a key element in the 1996 can afford to market their own prod- nies in America, and that is the source Farm Bill, which gradually reduces di- ucts abroad without spending tax dol- of my objection. rect income support over 7 years. Ac- lars. The list includes a host of other I am talking about some of the big- cordingly, farm income is now more de- beneficiaries of MAP’s 1998 $90 million gest corporations in America. And I see pendent than ever on exports and dollar budget, including the California my good friend, Tyson Foods, is on the maintaining access to foreign markets. Pistachio Commission, the Mohair July 15, 1998 CONGRESSIONAL RECORD — SENATE S8211 Council of America, Kentucky Distill- Mr. COCHRAN. I thank the Senator. our sense of righteous indignation, er’s Association and the Wine Insti- Mr. President, I suggest the absence sanctions imposed under these laws far tute. of a quorum. too often do nothing more than antago- Mr. President, it is true that MAP The PRESIDING OFFICER. The nize nations and their peoples, and get was changed in the 1996 Farm bill to di- clerk will call the roll. us into trouble with our trading part- rect funds to cooperatives and trade as- The assistant legislative clerk pro- ners. Moreover, sanctions mean that sociations instead of corporations, but ceeded to call the roll. our influence on the region in question a loophole still allows the companies Mr. CHAFEE. Mr. President, I ask drops sharply. And less U.S. influence that belong to those trade associations unanimous consent that the order for means that the values we hold dear— to continue to receive and spend tax- the quorum call be rescinded. democratic government, market eco- payer funds. The PRESIDING OFFICER. Without nomics and respect for human rights— Mr. President, I believe in supporting objection, it is so ordered. will not be promoted worldwide. There and strengthening America’s position AMENDMENT NO. 3156 must be a better way. in foreign markets, but when we allo- Mr. CHAFEE. Mr. President, I am I am an original cosponsor of S. 1413, cate precious tax dollars to be used to- pleased to join with Senator LUGAR and the original Lugar bill to make wide- ward that end, we must spend them on others in offering this amendment ranging reforms of our laws on unilat- concrete efforts to get American prod- today. The proposal seeks to establish eral sanctions. The amendment before ucts on to the shelves in those mar- a more balanced, deliberative U.S. pol- us today, which is based on that legis- kets, instead of subsidizing advertising icy as regards international sanctions. lation, would establish procedural campaigns for major corporations. Today, nations throughout the world guidelines and informational require- The USDA’s own estimates put U.S. look to the United States for leader- ments before any further unilateral agricultural exports in 1998 down more ship. The end of the cold war has clear- sanctions are imposed. It also provides than two billion dollars from the pre- ly left the United States as the sole re- for enhanced consultation between the vious year. More than ever, Wisconsin maining superpower. We are sought executive and legislative branches of farmers need the USDA to promote and after for many reasons: Financial as- government prior to the imposition of place U.S. agricultural products in for- sistance, military might, political sanctions. Finally, it mandates a two- eign markets through more successful leadership, and the advocacy of demo- year sunset for such sanctions, unless export programs, not to line the pock- cratic ideals. Congress specifically chooses to renew ets of big agribusiness and Madison Av- When the world looks to us for lead- them. enue. ership on international sanctions, I am This amendment does not preclude I urge support of the Bryan amend- afraid that the administration and Congress or the President from taking ment and yield back the balance of my Congress have taken steps that in- action necessary to achieve vital na- time. creasingly have undermined our Gov- tional security and trade objectives. Mr. COCHRAN. Mr. President, I know ernment’s reputation and influence However, it does ensure that such of no other Senators who want to de- abroad. The tendency—and it is par- measures first will be considered in a bate this amendment. ticularly true with regard to Con- thoughtful and responsible manner, Let me just state for the information gress—to impose sweeping unilateral— and that we at least will have some of all Senators the plan, as I under- that is, we do it alone—economic sanc- idea as to whether these policies may stand it, that most who are involved tions against nations whose behavior actually achieve their intended goals. have agreed upon, and that is to have a we disapprove of, I believe, is detrimen- Thus, I urge my colleagues to support vote on a motion to table the Lugar tal to our national interest and cer- the Lugar amendment. I do want to stress that I think it is amendment, which will be made by tainly has not succeeded in producing a great mistake for us to embark on Senator STEVENS at 6 o’clock, and fol- the results that we seek. these unilateral sanctions as freely as lowing that, a vote on a motion to Let us look at several recent exam- we do. This amendment, I believe, is a table the Bryan amendment, which I ples. We have heard much about the good one. Furthermore, it says that if intend to make. We will have the yeas situation with respect to Pakistan, in we do impose sanctions, that there is and nays on both of those amendments. which the threat of tough, mandatory to be a sunset provision. That sunset It is the suggestion of the managers U.S. sanctions did nothing to dissuade provision goes into effect after 2 years, that if the Lugar amendment is not ta- the Pakistanis from testing nuclear unless, of course, Congress chooses to bled, that that be the pending business weapons. The 30-year embargo on Cuba, renew the sanctions. following the vote on the motion to has done nothing to hasten the end of This amendment does not preclude table the Bryan amendment. I don’t the Castro regime or ease the suffering Congress or the United States from want to speculate on how the vote on of the Cuban people. And just this year, taking action necessary to achieve the motion to table the Bryan amend- we passed legislation to impose sanc- vital national security or trade objec- ment will come out. The last time we tions on entities suspected of assisting tives, but it does assure that such voted, it was 59 to 40 in favor of tabling Iran’s missile program. measures are, first, very carefully con- the amendment. That vote occurred on Moreover, when our sanctions have sidered in a responsible manner and July 23, 1997, and it was an amendment been structured to punish countries that we at least have some idea as to to reduce the Market Access Program who continue to deal with the rogue whether the policies may actually by $20 million. The vote No. was 199. nation we are trying to isolate, the achieve their stated goal. So I am making that as an announce- outcome has been even murkier. All The PRESIDING OFFICER. The Sen- ment to the Senate. If anyone has any that these secondary sanctions end up ator from Alaska. comments to the contrary or observa- doing is generating bad feeling among Mr. STEVENS. Mr. President, I am tions to make about it, we will be glad our allies about ‘‘American imperious- saddened to have to attempt this, but I to consider those comments and obser- ness,’’ and precipitating complaints want to state to the Senate that it is vations. from our trading partners to the World to me a watershed issue now for this Mr. BRYAN. If the Senator from Mis- Trade Organization. As a result, the year. This bill really is going to go into sissippi will yield for a moment? world’s attention turns away from the serious gyrations if the Lugar amend- Mr. COCHRAN. I am happy to yield. rogue nation in question, and instead ment is adopted. In the first place, if it Mr. BRYAN. The procedure that he focuses on the United States and its ac- goes to the House with this amend- outlined is certainly agreeable to the tions. ment, it means an entirely different Senator from Nevada. He correctly re- Mr. President, if Congress continues committee will have to review this cites the vote, which I greatly regret, a this habit of imposing, on an ad hoc amendment and it will make con- year ago. I simply say, this is a time basis, unilateral sanctions against any ferencing this bill very difficult. for redemption for Senators tonight. nation because of a form of behavior we I find myself in the position where I Tonight they have an opportunity to find objectionable, our influence in the probably support a lot of what is in the exercise that redemption. I thank the world will be diminished. While sanc- amendment of the Senator from Indi- Senator. tions laws may feel good and bolster ana. I understand it is a bill that was S8212 CONGRESSIONAL RECORD — SENATE July 15, 1998 introduced and has not moved forward Kohl McConnell Snowe ment, Senator BRYAN, be given 1 Kyl Mikulski Specter as he would like. We do have a task Lautenberg Murray Stevens minute to respond. force that was appointed by the leader Leahy Nickles Thompson The PRESIDING OFFICER. Without to look into the problem of sanctions; Levin Reed Thurmond objection, it is so ordered. The Senator the whole approach of Senator LUGAR Lieberman Reid Torricelli from Nevada. Lott Sarbanes Wellstone is under review by that task force. We Mack Shelby Wyden Mr. BRYAN. Mr. President, I would are hopeful we will have a proposal to McCain Smith (NH) simply make the point that all of the act on that, we will have bipartisan NAYS—46 assertions and claims that have been support. Broad support in the Senate made by the advocates for the Market Allard Domenici Landrieu would be necessary to pass it. Baucus Dorgan Lugar Access Program have been considered The Senate, last week, passed legisla- Biden Durbin Moseley-Braun by the GAO in a report released last tion that was suggested by a group Bond Enzi Moynihan September. They have rejected all of Brownback Feinstein Murkowski here in the Senate and it has been con- Bumpers Frist Robb them. We have spent $2.3 billion in the sidered by the House. It has been modi- Burns Gorton Roberts last 10 years and the GAO concludes fied and sent to the President to deal Byrd Gramm Rockefeller that they cannot establish any benefit with one part of the sanctions pro- Chafee Grams Roth of the program. Unfortunately, our at- Cleland Gregg Santorum gram. I congratulate the current occu- Coats Hagel Sessions tempt to reform the program does not pant of the Chair for his part in that Cochran Hutchison Smith (OR) prevent the largest businesses in Amer- effort. I think it is an effort that must Conrad Jeffords Thomas ica from continuing to have their ad- Craig Johnson Warner be made. Daschle Kempthorne vertising budgets supplemented to the As chairman of this committee, I Dodd Kerrey tune of millions and millions of dol- want to tell the Senate that we are ap- NOT VOTING—1 lars—$5 million subsidizing the adver- proaching the time when we will lose tising budget of one of these large com- the first week of the August recess. We Glenn panies. will probably have to come back the The motion to lay on the table the I hope my colleagues will recognize first week of September and we still amendment (No. 3156) was agreed to. that this is a program that simply does won’t finish by September 30, if we add Mr. STEVENS. Mr. President, I move not work and support the Bryan to appropriations bills full bills that to reconsider the vote by which the amendment by voting against the mo- deserve the consideration of the Sen- motion was agreed to. tion to table. ate. That will add to the time it takes Mr. FORD. I move to lay that motion The PRESIDING OFFICER. Who to get the appropriations bills through on the table. seeks recognition? this process. The motion to lay on the table was Mr. COCHRAN. Mr. President, I move I hope that the majority leader will agreed to. to table the Bryan amendment and ask assist in trying to convince Members of Mr. STEVENS addressed the Chair. for the yeas and nays. the Senate, let’s not do this this year. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a There are legitimate riders. There are ator from Alaska is recognized. sufficient second? legitimate limitations on expenditures. Mr. STEVENS. Mr. President, I want There is a sufficient second. There are legitimate concepts in terms to thank the Senate for recognizing the The yeas and nays were ordered. of dealing with the appropriations process we have to follow now to limit The PRESIDING OFFICER. The process that we will have to fight out the consideration of issues that are ex- question is on agreeing to the motion here on the floor, but we should not traneous to the basic appropriations to table the Bryan amendment. The have to fight out here on the floor bills so we can get them through. yeas and nays have been ordered. The amendments that will require the bill, I apologize to my friend from Indi- clerk will call the roll. when it goes to the House, be subject ana. I do support his effort. But we had The legislative clerk called the roll. to conference by another full commit- to take that action. Mr. FORD. I announce that the Sen- Mr. COCHRAN addressed the Chair. tee in the House. It is not right to do ator from Ohio (Mr. GLENN) is nec- The PRESIDING OFFICER. The Sen- that, and I hope the Senate will agree essarily absent. ator from Mississippi. with me. The result was announced—yeas 70, I move to table the amendment of AMENDMENT NO. 3157 nays 29, as follows: Mr. COCHRAN. Mr. President, it is the Senator from Indiana, and I ask for [Rollcall Vote No. 202 Leg.] now my intention to move to table the the yeas and nays. YEAS—70 The PRESIDING OFFICER. Is there a Bryan amendment. Before doing so, the Senator from California has asked for 1 Akaka Durbin Leahy sufficient second? Baucus Enzi Levin There is a sufficient second. minute to speak in opposition to the Bennett Faircloth Lieberman The yeas and nays were ordered. Bryan amendment. Biden Feinstein Lott The PRESIDING OFFICER. The Sen- Bond Ford Lugar The PRESIDING OFFICER. The Boxer Frist Mack question is on agreeing to the motion ator from California is recognized. Breaux Gorton McConnell to table the amendment No. 3156. On Mrs. BOXER. I thank the Chair. Burns Graham Murkowski this question, the yeas and nays have I hope the Senate will vote to table Byrd Gramm Murray the Bryan amendment for four reasons: Campbell Grassley Roberts been ordered, and the clerk will call Chafee Hagel Santorum the roll. One, we reformed the program and the Cleland Harkin Sarbanes The assistant legislative clerk called proceeds do not any longer go to big Coats Hatch Sessions Cochran Helms Shelby the roll. business; they go to small businesses and cooperatives; two, we have cut this Collins Hutchinson Smith (OR) Mr. FORD. I announce that the Sen- Conrad Hutchison Snowe program down from a high of $300 mil- ator from Ohio (Mr. GLENN) is nec- Coverdell Inhofe Specter essarily absent. lion to about $90 million; three, other Craig Inouye Stevens countries spend billions of dollars pro- D’Amato Jeffords Thomas The result was announced—yeas 53, Daschle Johnson Thurmond nays 46, as follows: moting their exports; this is the least DeWine Kempthorne Warner we can do; and, four, for every $1 that Dodd Kerrey Wyden [Rollcall Vote No. 201 Leg.] we put into this Market Access Pro- Domenici Kohl YEAS—53 gram, we get back $12 in increased ex- Dorgan Landrieu Abraham Collins Harkin ports. So I hope you will join me in NAYS—29 Akaka Coverdell Hatch Ashcroft D’Amato Helms voting to table the Bryan amendment. Abraham Feingold Lautenberg Bennett DeWine Hollings Mr. COCHRAN addressed the Chair. Allard Grams McCain Bingaman Faircloth Hutchinson The PRESIDING OFFICER. The Sen- Ashcroft Gregg Mikulski Bingaman Hollings Moseley-Braun Boxer Feingold Inhofe ator from Arkansas. Breaux Ford Inouye Brownback Kennedy Moynihan Bryan Graham Kennedy Mr. BUMPERS. I ask unanimous con- Bryan Kerry Nickles Campbell Grassley Kerry sent that the sponsor of the amend- Bumpers Kyl Reed July 15, 1998 CONGRESSIONAL RECORD — SENATE S8213 Reid Roth Torricelli good example of how confusion, over- Mr. COCHRAN. For clarification, the Robb Smith (NH) Wellstone Rockefeller Thompson lap, and the lack of coordination leave 8:45 time that the majority leader indi- the American public subject to food cated for the vote will be this evening NOT VOTING—1 poisoning outbreaks. rather than in the morning? Glenn The health of American families is at Mr. LOTT. At 8:45 p.m. tonight. That The motion to lay on the table the risk if we do not work to ensure that will give Senators a chance to have a amendment (No. 3157) was agreed to. only safe eggs reach America’s store meal that they might have agreed to Mr. COCHRAN. Mr. President, I move shelves. USDA recently reported that have and also give the managers time to reconsider the vote by which the each year over 660,000 persons in the to work through these amendments, motion was agreed to. United States become sick from eating but lock in their conclusion, and then Mr. DASCHLE. I move to lay that eggs contaminated with Salmonella that will be it for tonight after that motion on the table. enteritidis (SE). Illnesses from SE can block of votes. The motion to lay on the table was be fatal to the elderly, children, and Mr. DASCHLE. Mr. President, I also agreed to. those with weakened immune systems. ask if the majority leader will object AMENDMENT TO BAN EGG REPACKAGING According to the Centers for Disease to dividing the time for the four Mr. DURBIN. Mr. President, I want Control and Prevention, the SE bac- amendments equally between now and to thank Chairman COCHRAN and Sen- teria caused more reported deaths be- 8:45? ator BUMPERS for accepting the amend- tween 1988 and 1992 than any other Mr. LOTT. Is the Senator suggesting ment I offered to ban egg repackaging foodborne pathogen. The Center for each amendment get the same amount as part of the Agriculture Appropria- Science in the Public Interest esti- of time? Mr. President, I do want to tions Bill. This amendment is a first mated an annual cost of illness from amend my unanimous consent request step in continuing to ensure the safety SE at $118 million to $767 million. to comply with the lineup that Senator of the nation’s egg supply. Make no mistake, our country has DASCHLE asked for. Will the Senator re- On April 17, 1998, the Secretary of Ag- been blessed with the safest and most peat that? What order? riculture announced a prohibition on abundant food supply in the world. Mr. DASCHLE. I was going to sug- the repackaging of eggs packed under However, we can do better. This gest Senator DODD, Senator the United States Department of Agri- amendment to ban egg repackaging TORRICELLI, Senator JOHNSON, Senator culture’s (USDA) voluntary grading will help advance the federal govern- GRAHAM and Senator KERREY. program. This amendment codifies Sec- ment’s commitment to continue pro- Mr. LOTT. Unless the managers have retary Glickman’s prohibition which viding Americans with the safest food an objection, I amend my unanimous took effect on April 27, and affects eggs supply. consent request to that extent. packed in cartons that bear the USDA Mr. LOTT addressed the Chair. Mr. TORRICELLI. Reserving the grade shield. The PRESIDING OFFICER. The Sen- right to object. A recent ‘‘Dateline NBC’’ program fo- ate majority leader. The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, I thank the cused public attention on the repack- ator from New Jersey. managers for the work they have been aging of shell eggs by egg packers, and Mr. TORRICELLI. Will the leader doing, the progress they have made and raised concerns about this practice. clarify for me the time in opposition to the two votes we just had. We have This amendment will prohibit shell Senator DODD, who will be controlling been working with Senators on both eggs that have left the packing plant, time? sides of the aisle to identify what and been shipped for sale, from being Mr. LOTT. It will be controlled by amendments we can do tonight. Sen- returned to the packing plant for re- Senator COCHRAN, the opponent of the ator DASCHLE has been working with packaging into USDA shielded cartons. amendment, but I am sure he will be me on this. So I announce the proposed very fair in the disposition of that time This amendment affects the approxi- lineup for the next few amendments to mately 30% of shell eggs voluntarily so that others can speak against that be considered tonight. I think it is im- amendment. graded by USDA. portant we keep working so we can The amendment also directs that not Mr. TORRICELLI. His disposition complete this very important legisla- looks very fair, so I withdraw the ob- later than 90 days after the date of its tion for the Agriculture Department enactment, the Secretary of Agri- jection. and the farmers of America. The PRESIDING OFFICER. Is there culture and the Secretary of Health UNANIMOUS CONSENT AGREEMENT objection? Without objection, it is so and Human Services shall jointly sub- Mr. LOTT. Mr. President, I ask unan- ordered. mit a status report to the Committees imous consent that the following Mr. LOTT. I yield the floor. on Appropriations of the House of Rep- amendments be the next first-degree Mr. DODD addressed the Chair. resentatives and the Senate. This re- amendments in order and limited to The PRESIDING OFFICER. The Sen- port is intended to provide the status relevant second-degree amendments: ator from Connecticut. of actions taken to enhance the safety Senator KERREY of Nebraska regarding AMENDMENT NO. 3158 of shell eggs and egg products. The re- livestock; Senator JOHNSON regarding (Purpose: To exempt agricultural products, port also will provide the status of the meat labeling; Senator DODD regarding medicines and medical equipment from prohibition on the repackaging of sanctions; Senator GRAHAM regarding U.S. economic sanctions) USDA graded eggs, and provide an as- disaster assistance; and Senator Mr. DODD. Mr. President, I send an sessment of the feasibility and desir- TORRICELLI regarding sanctions. amendment to the desk and ask for its ability of applying to all shell eggs, not I further ask unanimous consent that immediate consideration. just USDA graded eggs, the prohibition if debate is concluded and a rollcall The PRESIDING OFFICER. The on repackaging in order to enhance vote is requested that the amendment clerk will report. food safety, consumer information, and or amendments be laid aside to recur in The bill clerk read as follows: consumer awareness. the order in which they were debated, The Senator from Connecticut [Mr. DODD], The safety of our egg supply is a pri- and the votes occur beginning at 8:45 for himself, Mr. WARNER, Mr. ROBERTS, Mr. mary example of the confusing array of with 2 minutes of debate equally di- HAGEL, Mr. DORGAN, Mr. GRAMS and Mr. laws, regulations, and voluntary pro- vided before each vote begins. HARKIN, proposes an amendment numbered grams which divides regulation among Mr. DASCHLE. Mr. President, reserv- 3158. four federal agencies and the states. ing the right to object, and it is only Mr. DODD. Mr. President, I ask unan- The legislation I have introduced with for clarification and one suggestion, I imous consent that the reading of the Senator TORRICELLI—The Safe Food ask the majority leader whether the amendment be dispensed with. Act (S.1465)—focuses attention on the order could be DODD, TORRICELLI, JOHN- The PRESIDING OFFICER. Is there problems of having multiple federal SON and KERREY? objection? Is the Senator from Kansas agencies with jurisdiction over various Mr. LOTT. I guess we did say in that objecting? food safety laws, and how fragmenta- order, but that order can be rear- Mr. ROBERTS. I want, Mr. President, tion and duplication cause waste and ranged, unless the manager has a prob- to offer an amendment in the second confusion. Jurisdiction over eggs is a lem. degree. S8214 CONGRESSIONAL RECORD — SENATE July 15, 1998 The PRESIDING OFFICER. Is there other agricultural products, medicines or Tonight we have an opportunity to objection to the dispensing with the medical equipment in order to sanction a change that law, to say that with re- reading of the amendment? Without foreign government for actions or policies gard to any sanctions policy, whatever objection, it is so ordered. that the United States finds objectionable other tools we may want to use depriv- unnecessarily harms innocent populations in The amendment is as follows: the targeted country and rarely causes the ing countries of certain economic At the appropriate place in the bill at the sanctioned government to alter its actions issues, technical equipment, military following new section: or policies. hardware, availability of our lending SEC. (A) FINDINGS.—(1) Prohibiting or oth- (2) For the United States as a matter of institutions—whatever else we may erwise restricting the donations or sales of U.S. policy to deny access to United States want to use—that food and medicine food, other agricultural products, medicines food, other agricultural products, medicines will not be a part of that mix. or medical equipment in order to sanction a and medical equipment by innocent men, foreign government for actions or policies I hope no one has any illusion that in women and children in other countries weak- the case of a Saddam Hussein or a that the United States finds objectionable ens the international leadership and moral unnecessarily harms innocent populations in authority of the United States. Fidel Castro or the leaders of North the targetted country and rarely causes the (3) Sanctions on the sale or donations of Korea, the leaders of Iran, I guarantee sanctioned government to alter its actions American food, other agricultural products, you tonight that they are eating well. or policies. medicine or medial equipment needlessly I promise you that if they get sick, (2) For the United States as a matter of harm American farms and workers employed they get medicine and they see doctors. U.S. policy to deny access to United States in these sectors by foreclosing markets for Too often, we have allowed our for- food, other agricultural products, medicines these United States products. and medical equipment by innocent men, eign policy to also work against the in- (B)(1) Exclusion from Sanctions. Notwith- nocent people who live in these re- women and children in other countries weak- standing any other provision of law, the ens the international leadership and moral President shall not restrict or otherwise pro- gimes, in these terrorist countries. If authority of the United States. hibit any exports (including financing), of this amendment is adopted, I am told (3) Sanctions on the sale or donations of food, other agricultural products (including that there will be an amendment of- American food, other agricultural products, fertilizer), medicines or medical equipment fered immediately thereafter which medicine or medical equipment needlessly as part of any policy of existing or future will say that this provision should not harm American farmers and workers em- unilateral economic sanctions imposed apply to terrorist countries. None of us ployed in these sectors by foreclosing mar- against a foreign government. want anything to do with terrorist kets for these United States products. (2) Exceptions. Section (B)(1) of this sec- (B)(1) EXCLUSION FROM SANCTIONS. Not- tion shall not apply to any regulations or re- countries, but does anyone in this withstanding any other provision of law, the strictions with respect to such products for Chamber or America believe that the President shall not restrict or otherwise pro- health or safety purposes or during periods average Iraqi citizen, that the average hibit any exports (including financing) of of domestic shortages of such products. citizen in Iran, that the average citizen food, other agricultural products (including (C) Effective date. This section shall take in Cuba or North Korea, despite the fertilizer), medicines or medical equipment effect one day after the date of enactment of leadership of their nation, should suffer as part of any policy of existing or future this section into law.’’. because their leaders may engage in unilateral economic sanctions imposed Mr. DODD addressed the Chair. against a foreign government. activities which are cruel or support (2) EXCEPTIONS. Section (B)(1) of this sec- The PRESIDING OFFICER. The Sen- terrorist activities? tion shall not apply to any regulations or re- ator from Connecticut. I happen to believe that ought not to strictions of such products for health or safe- Mr. DODD. Mr. President, I offer this be the case; that the use of food and ty purposes or during periods of domestic amendment and the second-degree medicine ought not to be a vehicle in shortages of such products. amendment, which fills out the tree on the conduct of our foreign policy. (C) EFFECTIVE DATE. This section shall behalf of myself, Senator WARNER, Sen- Mr. President, it was noted earlier take effect on the date of enactment of this ator ROBERTS, Senator HAGEL, Senator today that we have become extremely act. DORGAN, Senator GRAMS and Senator generous in the application of the sanc- Mr. DODD. I ask for the yeas and HARKIN. tions policy. Since World War II, there nays on the first-degree amendment. Very simply, what this amendment have been 100 occasions where the The PRESIDING OFFICER. Is there a does is codify what Members have ex- United States has imposed sanctions. sufficient second? pressed over the last several days that More than 60 percent of those sanctions There appears to be a sufficient sec- they would like to see accomplished have occurred since 1993. ond. worldwide. We eliminated last week And 61 U.S. laws and Executive or- The yeas and nays were ordered. the use of food and medicine to people ders have been enacted authorizing The PRESIDING OFFICER. The Sen- as a sanction in the case of Pakistan various types of unilateral economic ator from Kansas. and India. We felt that was an unwise sanctions against 35 countries in the Mr. ROBERTS. Thank you, Mr. use of the sanctions; that average peo- name of foreign policy. The sanctioned President. ple, poor people should not suffer at countries comprise 42 percent of the AMENDMENT NO. 3159 TO AMENDMENT NO. 3158 the hands of our Nation despite the de- world’s population. Roughly 2.3 billion (Purpose: To perfect the amendment exempt- cisions made by the power elite in their people—potential customers of U.S. ing agricultural products, medicines and own nations. goods and services—are being affected. medical equipment from U.S. economic sanctions) What my colleagues and I who have Mr. President, I suggest that to de- offered this amendment today are sug- Mr. ROBERTS. Mr. President, I have prive these people of foodstuffs—I hear gesting is that same principle ought to an amendment in the second degree that one of the reasons that our farm- be applied worldwide. It is counter to that I send to the desk. ers are not doing well in this country is The PRESIDING OFFICER. The everything we stand for as a people— because of the difficulty in foreign clerk will report. everything we stand for. To deny peo- sales. Aside from the legitimate con- The legislative clerk read as follows: ple anywhere in the world food and cern about seeing to it that innocent medicine—basic food and medicine— people are not going to be deprived of The Senator from Kansas [Mr. ROBERTS] proposes an amendment numbered 3159 to runs contrary to the moral values that food and medicine, here is an oppor- amendment No. 3158. we embrace as a people. tunity to be able to sell some products Whatever anger we may feel and Mr. ROBERTS. Mr. President, I ask that can actually benefit the people in properly focus on the leadership of na- unanimous consent that the reading of these countries. tions, we should not cause the innocent Why not take an argument away the amendment be dispensed with. The PRESIDING OFFICER. Without people of those nations to suffer as a from those terrorist leaders, those dic- objection, it is so ordered. result of our policies. For far too long, tators, who constantly want to point to The amendment is as follows: we have allowed the use of food and us, the United States, as the reason medicine to be used. There are only their economies are in trouble? Why Strike all after the first word in the pend- ing amendment an insert in lieu thereof the two or three countries in the world not say this evening that: You can no following: that today allow their food and their longer point an accusing finger at ‘‘(A) Findings. (1) Prohibiting or otherwise medicine to be used as a tool in foreign America when it comes to the issue of restricting the donations or sales of food, policy or as part of a sanctions policy. your children, your innocent women, July 15, 1998 CONGRESSIONAL RECORD — SENATE S8215 your innocent civilians, from getting icy by Democrats and Republicans are is not fair, Mr. President, to this coun- food or medicine? We no longer use about to be put aside. The con- try or this Government, because, in- that tool in our foreign policy. If your sequences of what Senator DODD sug- deed, while we maintain sanctions on people are suffering, it is not because gests that we do here are enormous. each of these terrorist States, for good the United States is banning the expor- Consider the moment. and sound reasons that I have outlined, tation of food and medicine. It is be- These are not isolated humanitarian this Government has gone to every cause of the economic policies of your items. This would open trade for the length to protect the poor of the poor. own leadership. United States of America with the In North Korea, the shipment of Tonight, no matter how angry and le- greatest rogue regimes in the world, 800,000 tons of food, only on the condi- gitimate that anger may be at a dic- where Presidents of the United States, tion that we know who is getting the tator or a terrorist leader of a country, through 3 decades, have drawn the line food and that it is not going to the let us not say to the poor people who and said that we will not do business North Korean military. But it is not have to live under those dictators and with these governments unless and fair that the poor of the poor of North terrorists that the United States, as a until they take specific actions to free Korea are victimized because of our result of our own policies, will deny their people, allow basic human rights, embargo—800,000 tons of food distrib- you the opportunity to get decent food or make basic concessions in their rela- uted to the poor. and decent medicine. tions with the United States. We are And the Sudan, one of the poorest na- Let us not be a part of only two or about to clear the table and tell them tions in the world—Senator DODD is three other nations—Third World coun- all is forgotten and all is forgiven. right, the poor of the poor should not tries—that I can find who use that kind Consider the actions, Mr. President, be victimized because that Government of a vehicle in the conduct of their for- through the years about what would be harbors terrorists and assassinates for- eign policy. There is not a single mem- changed. In my State, perhaps more eign leaders. And so we have approved ber of the industrialized world, the civ- than most in this country, tonight $76 million in food assistance, only on ilized world, that utilizes food and every Member of this Senate would the condition that we know that it gets medicine. We are the only example of have to address the families of the vic- to the poor of the poor. it. tims of Pan Am 103. It has been clear And in Iraq, $2.8 billion worth of food Tonight we have an opportunity, to Mr. Qadhafi, until he brings those to and medicine, only on the condition across the board, to eliminate the use justice who were responsible for de- that it not go to Saddam Hussein, that of food and medicine as a part of our stroying that aircraft and the lives of it not go to the elite, that it not sup- sanctions policy—still have sanctions, all of those families, there will not be port the Iraqi military—just that it go still deprive them, if you will, of the trade with the United States on a bi- to the poor of the poor under U.N. in- advantage of our engineering, our tech- lateral basis. spections. nology, our military hardware, but we With the amendment of the Senator The amendment of the Senator from are not going to say that food ought to from Connecticut, the war of wills in Connecticut, if indeed we at one point be a part of that. which we have been engaged with Mr. predictably stand alone against Sad- Let us join the rest of the world in Qadhafi, even now while he is discuss- dam Hussein, our food sales will not eliminating that. We, the United ing bringing those murderers to jus- just go to the poor of the poor, they States of America, we, the nation who tice—we proceed. The line that was will go to the entire Iraqi establish- embraces, with great legitimacy, the drawn those years ago is now erased. ment. issue of human rights where innocents With the Sudan—another terrorist As the author of the modern Cuban are involved, where the meals and the state to which now we would sell food embargo, I make no apologies in this food they need and the medicine they and medicines, engage in normal com- case, either. The United States pro- require are involved, we are not going merce; it harbors Hezbollah guerrillas, vides more food and medicine per cap- to be the nation that deprives them of the assassins who attempted to kill ita to Cuba than any nation in the the opportunity to use some of the best President Mubarak of Egypt; we were world provides to any other nation of products in the world. so brave in those days, the United the world, bar none. No Member of this Mr. President, the world looks to us, States was so forthcoming in drawing Senate has any apologies to make for particularly in the area of medical de- this line—all is forgotten and forgiven. American support of the poor of the vices and medicines. And to deprive In North Korea—just when we have poor in Cuba. In the last 12 months poor people of an opportunity to get succeeded in getting the North Koreans alone, there were 123 licenses to ship some of those medicines, to get some of to come to the table and enter into an food and medicine to Cuba, worth $2.5 the food—the best grown in the world— agreement to stop the development of billion. I challenge any Member of the I think would be a tragedy. Mr. Presi- atomic weapons and try to get some re- Senate to find any country more gener- dent, I urge the adoption of this sponsible behavior—no need for the ne- ous than the United States of America, amendment. gotiations, we are now going to engage giving to any adversary, more gener- I note my colleagues are here from in commerce. ously than we have to the people of Nebraska and Kansas and may want to With Syria—its harboring of terror- Cuba. be heard on this issue. I yield the floor ism against Israel; its occupation in We have a license program and we and request how much time may re- Lebanon—we will now engage in com- have a license program for a reason, main. merce. rather than unrestricted sales of food We don’t have time agreements, do And Iraq—at the moment, sanctions and medicine, as the Senator from Con- we? No time agreements? against Iraq are multinational. necticut suggests. The reason is be- The PRESIDING OFFICER (Mr. AL- But every Member of this Senate cause we found when those food and LARD). There is no time agreement on knows that the day is fast approaching medicines are not licensed, Mr. Castro the amendment. when America could stand alone. In- has resold them or used them to sup- Mr. DODD. I yield the floor. spectors would be barred, our military port his own military establishment, The PRESIDING OFFICER. Who would be barred from the skies. And like Saddam Hussein. There is no de- seeks recognition? the United States would have to have nial of food and medicine. We simply Mr. TORRICELLI addressed the its own sanctions. And this amend- are requiring that it be done properly. Chair. ment—even though Saddam Hussein Senator HELMS and I, with other col- The PRESIDING OFFICER. The Sen- has been identified again as a terrorist leagues, have joined in this Congress in ator from New Jersey. regime and America could be alone in an alternative to Senator DODD’s pro- Mr. TORRICELLI. Mr. President, in its sanctions —here we would engage in posal. Humanitarian shipments go to regard to the amendment offered by commerce. Cuba through the church and are li- the Senator from Connecticut, Mr. It has been contended to the Senate censed, on an unrestricted basis—sim- DODD, this institution should take that we do this as a decent people be- ply that we know who is distributing some pause. This is some moment. cause the real victims here are the them, the church, humanitarian orga- Thirty years of American foreign pol- poor of all these nations. That indeed nizations, not the Communist Party S8216 CONGRESSIONAL RECORD — SENATE July 15, 1998 and not Fidel Castro. It is a question of But let it not be said, however, the This amendment recognizes that control. Members may vote on this amendment, until the United States is literally at It is argued, finally, that these sanc- that any of us were a party to the poor- war or we have a national security tions, this restriction on commerce est of the poor, and the hungry being problem with another country—and with terrorist regimes should be lifted victimized by our foreign policy, be- certainly terrorism fits into that cat- because they don’t succeed. On the con- cause those simply, my colleagues, are egory—there is no positive benefit in trary. The record is otherwise. Sanc- not the facts—from the tons of wheat denying the most meager necessities of tions on South Africa to end apartheid, that goes to North Korea to the phar- life, food and medicine, to the people of to the Jackson-Vanik amendment to maceutical products licensed and dis- this world. Certainly it doesn’t benefit allow Soviet Jews to leave Russia, to tributed in Cuba. the sick and hungry, Mr. President. restrictions on Vietnam until they co- My colleagues, consider carefully In regard to the people of Africa and operated with POWs, the record is that, this amendment. This is not a question Asia, and blocking the sale of food and while imprecise, while offering no of the Clinton administration. It is medicine, it does severely damage, I guarantees, economic sanctions, in- policies and embargoes that go back as think, America’s image in the eyes of cluding the leverage on our greatest, far as John F. Kennedy. It is not just a people across the globe. As a matter of most successful export products, foods question of a couple of governments. It fact, as a member of the Transatlantic and pharmaceutical products, can and is virtually every nation on the terror- Partnership, which is an organization do yield results. No one should assume, ist list. It is not simply a question of dedicated to better understanding be- no one should believe that they work taking the stand because of an isolated tween the peoples and the parliamen- in every case or work quickly. But the incident, like Pan Am 103 or a disagree- tarians of Europe and the United historic record is that they are an al- ment with Saddam Hussein. They are States, this subject comes up again and ternative to military action. issues as serious as preventing another again and again. Why are you basically Where would Ronald Reagan—or Persian Gulf war by using our leverage hurting the people who are most dis- George Bush—have been when Pan Am and continuing leverage on North advantaged in any kind of a unilateral 103 was shot down, if he did not have Korea to cooperate on a missile regime sanction that makes no sense in terms the opportunity to have economic and on atomic weapons. of any policy change? So I think the world must know that sanctions and this leverage? There This is, indeed, a serious matter. I the U.S. Government and the American would be nothing available but mili- hope if an amendment is offered to table Senator DODD’s amendment, as I people care about what goes on outside tary action. Where would we have been our borders, and the world must also after the shoot down of an American am informed may happen, Democrat and Republicans, on a bipartisan basis, know that the United States stands aircraft 2 years ago in the Straits over ready to provide food and medicine—on Cuba, if the President could not have will not only vote to table the amend- ment by the Senator from Connecticut, commercial terms—to anybody, any tightened economic sanctions? time, any place, unless there is na- No, they are not perfect, but they but it will do so in an expression of tional security involved, and unless we give the President added authority and true and strong resolve. have a situation like the Senator from weight to change policy. Every one of I yield the floor. The PRESIDING OFFICER. The Sen- New Jersey pointed out with regard to the countries most impacted by Sen- ator from Kansas. terrorist activities or exporting terror- ator DODD’s amendment in the course Mr. ROBERTS. I thank you, Mr. ism. This amendment represents one of the last year and every year for the President. very critical component of what is be- last 5 years has been identified by the I am very pleased to join my col- coming a sweeping debate on the use of State Department as a source of terror- league, Senator DODD as a coauthor of acting unilaterally—and I emphasize ism against the international commu- this legislation, along with Senator unilateral—all by ourselves, in U.S. nity, every country I have mentioned HAGEL and Senator BIDEN, and many foreign policy. Unilateral sanctions on this floor tonight. other Senators. As has been stated, it Is it really the intention of this Sen- serve no purpose other than to hurt the does provide a broad exclusion for all U.S. businesses and workers and to di- ate, after all these years of claiming food and medical products in regard to that we had the will to fight this war minish U.S. strength and prestige. unilateral sanctions. I firmly believe that the Congress on terrorism, we were as resolved as Now, I want to emphasize that right and the administration must continue Qadhafi and Saddam Hussein and Fidel away—unilateral sanctions, not multi- to work together on a broad-based ef- Castro, after all these years, now we lateral sanctions. You would hope that fort to reassess all instances of unilat- are to say to them we have lost our if you are going to put any sanction on eral sanctions. This amendment would will, we changed our minds? If that is a country that works, that is effective, represent an excellent step in the right the intention of the Senate, at least or the pragmatic result results in some direction. have the intellectual honesty to come kind of policy change that is in the Mr. President, with a few add-ons, to the floor, repeal the terrorism list, best interest of our national security, those are my prepared remarks. I want repeal sanctions entirely, because that that would have the support of your al- to respond to the distinguished Senator is the effect of this statement. We will lies. It is only when you have unilat- from New Jersey. The Senator from identify you as a terrorist, we will eral sanctions that this bill applies. New Jersey indicated that for the last claim you are killing our citizens, har- Mr. DODD. Will the Senator yield? three decades the Presidents of the boring assassins, but we are glad to Mr. ROBERTS. Delighted to yield. United States have reaffirmed in each trade with you. Mr. DODD. Mr. President, I want to and every case unilateral sanctions, in- I recognize that sometimes it is nec- add, it is unilateral economic sanc- cluding the use of food and medicine. essary, unfortunately, that the United tions, so it is even more narrow. This To a certain degree, I think that is States stand alone. Only Britain and does not apply to sanctions across the true, because it was in 1980, when the United States are still remember- board but unilateral economic sanc- President Carter was President, that ing the victims of Lockerbie; only the tions. If on a national security basis this issue really hit a flash point. United States, the people who are some of the advisors and the President President Carter, thinking of the ter- jailed in Cuba. Only the United States want to impose the sanction, he would rible tragedy when the former Soviet may have the resolve to see it through be allowed to. Only when we impose Union invaded Afghanistan, decided we with Saddam Hussein. That is too bad. unilateral economic sanctions is this would cancel out of the Olympics. He But if the end result is the United tool taken off the table. also decided he would put on a grain States has to stand alone against these I thank my colleague for yielding. embargo. I know that the President in- terrorist regimes, then we never stood Mr. ROBERTS. I thank the Senator tended on sending a strong message to in better company. We can be proud and the author of the bill for that ex- the former Soviet Union. I know Presi- that we alone remember the victims planation. I hope that would take away dent Carter hoped that the perception and we alone are going to impose a some of the concern as expressed by in the world community would be such price for those who violate inter- the distinguished Senator from New that somehow the Russians would national law and victimize people. Jersey. change their policy. And they did not. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8217 I will tell you who was hurt in that a little different.’’ And then he calmed We didn’t do that. We backed off of particular instance by the Carter grain down right away. Have we gotten to that. There is a whole history as to embargo—and I am not trying to per- the bottom of all of the tragedies that where we are with Iraq and the United jure it; I am saying this happened in he has inspired? No. Are we ready to Nations and plans by the administra- terms of a pragmatic effect. It was like sell him product, i.e., Kansas wheat, or tion to have a limited armed conflict shattered glass and it headed us toward any other product? No, because his be- and where we are with that. I am not the farm crisis of the 1980s, in some havior is such that we feel it is in our going to second guess that. But let’s ways, and it took us years to get back national security interest not to do don’t say that since we support this contract sanctity to the point that our that. amendment, we support Saddam Hus- exports made anything. We had an ex- I agree with the Senator from New sein. cellent Olympics; I think it was in L.A. Jersey with regard to food products. North Korea—if there ever was a to- Americans won a great many battles They are fungible. What happens is, if talitarian regime that is rather bizarre and medals. But I can tell you that, in you are able to arrange a sale, or for a in its nature, it is North Korea. I have terms of perception, it didn’t do a humanitarian purpose you provide been in North Korea. I went to thing. No Russian troop ever left Af- food, obviously, they have the ability Pyongyang to meet with the North Ko- ghanistan. in a totalitarian state to simply use reans, along with Senator STEVENS, Now, that was a terrible tragedy. that for other purposes, and they can Senator INOUYE, and others. We met Again, we were using unilateral sanc- continue whatever practices they may with representatives of the North Ko- tions, and we were using the farmer have. But in the end result, the people rean Government. We were trying to and rancher with regard to that price. who are at the lowest levels are the arrange a grain sale by a third-party I submit to you that if you want to put people who get hurt—the women, chil- country so they could somehow get an sanctions on people, all American tax- dren, all of the people mentioned by experience of trading with other na- payers should pay for it, not just farm- Senator DODD. tions—moderate, a little. That is a ers and ranchers. That is called an em- So while it is fungible, I think, with tough chore, I will tell you—what is bargo. I can tell you that you can spell regard to agriculture and medicine, the happening in North Korea. We saw chil- embargo S-A-N-C-T-I-O-N-S. No coun- basic question you have to figure out dren who are 16 and 17 whose growth try that has sanctions put on them uni- here is, are we using agriculture as a and whose stature really represents laterally, regardless of what progress tool for peace? Or are we using agri- somebody who is 11 or 12. We saw we are making in terms of whatever culture as a foreign policy weapon? I young people marching out into the objective we are trying to achieve, will can tell you that, for too many years fields to plant some kind of crops and buy from us as long as that is available now, we have used agriculture as a for- to hunt for grubs. We saw no animals from other countries. That is precisely eign policy weapon—to the detriment whatsoever, not even a pigeon, not a what is happening regarding the coun- of farmers and ranchers, for no appar- dog, not a cow, not any kind of a farm tries where we have the unilateral ent reason, with no pragmatic result, animal. Bark on the trees was taken sanctions. with the nations that we are now talk- off up to that height. Look at Pakistan. Thank goodness, ing about. Do you know who is helping the we acted on this 98–0 this week in the I might add that there are some mod- North Koreans? It is the World Food Senate. They have a wheat tender. erating forces that are now at work in group led by Catherine Bertini. Guess who was standing in line. There Iran. And I might add that when I went So the United States, what we do was the French. They were going to to Saudi Arabia with Chairman STE- under a humanitarian banner is we say, buy the wheat from the French. They VENS and six other Senators, we asked All right. We will contribute X amount may anyway. We acted wisely and we the Saudis—we made indirect inquiries, of dollars. We will give it to the World said, ‘‘This isn’t going to work. Why and we were working with the Sec- Food organization. They, in turn, will are we hurting the American farmer or retary of State to make further indi- buy grain on the open market. They rancher or, for that matter, anybody in rect inquiries: Could we help the forces will give the grain, then, to the North the business community when the of moderation in Iran by offering agri- Koreans. Is there any real guarantee sanctions don’t work?’’ Yes, it has been culture as a tool for peace? Would that that they are going to use it for that? 30 years of a broad policy, trying to work? Could they increase their diet, No. But under the circumstances the look at sanctions to see if they are basic protein diet, so they are better situation was so dire that I think that going to work. But the fact is that was off, and become, hopefully, more de- happened, to some degree. started with the Carter embargo. I pendent on the United States with re- So here we are expending money to must say that it took President gard to their basic needs and their food the World Food group who, in turn, Reagan 2 years to get around to getting supplies? uses it to provide the humanitarian contract sanctity. In the meantime, we Think what could happen if we would aid. I am not in a position to say that suffered great harm in terms of farm use agriculture as a tool for peace, as we are going to say to North Korea country. opposed to a weapon, on a selective that we are going to enter into any So I say to my distinguished friend basis. The Senator from New Jersey kind of trade negotiations. That is a from New Jersey, you are darn right, it mentioned Iraq and Saddam Hussein. I very oppressive regime. It is probably has been a 30-year policy and, for the think it is disingenuous to say that the the most Stalinist, if I can use that most part, it hasn’t worked. Now, in people who support this amendment word, I guess, regime in the entire terms of terrorism, I personally agree. somehow support Saddam Hussein. We country. And Kim Chong-il, ‘‘The Dear Libya? I would hope that we would are now allowing Iraq and Saddam Hus- Leader,’’ has no illusions otherwise. have multilateral sanctions. I would sein to export as much oil as they did Now, however, we have the South Kore- hope the world community would un- prior to the gulf war. They, in turn, ans making overtures that if the North derstand that Mr. Qadhafi and Libya used the cash that we allowed them to Koreans will finally behave them- have, in the past, exported terrorism. I expend regarding oil sales to buy wheat selves, there might be a glimmer of might add that one of the reasons it in regard to the French. Hello. Why change in North Korea. Could it well be has been so successful in terms of keep- does that make any sense? If we are that we could use agriculture once ing him under wraps is that the admin- going to sanction Iraq under a banner again as a tool for peace? I do not istration at the time sent a strong of, well, everything except something know. But the bottom line is that the message to Mr. Qadhafi. He woke up that is humanitarian, and we say you President under this bill —under the one morning to find that part of the can sell this oil to achieve humani- Dodd-Roberts bill, under the Dodd-Rob- place where he spent most of his time tarian needs, food and medicine, i.e., erts-Hagel-Biden bill—has the author- to watch television and do other mat- food products, agriculture products, ity to come in and say, if this is in our ters was no longer there. All of a sud- and they buy from our competitors, national security—if, in fact, the ex- den, he got the message. He probably that doesn’t make any sense. If you port of terrorism is such that this is scratched his head and said, ‘‘Had I have sanctions, it seems to me you really something that is not in our na- been sitting there, it might have been ought to make them across the board. tional interest, he can do so. S8218 CONGRESSIONAL RECORD — SENATE July 15, 1998 Why on Earth on unilateral sanctions tool. We are merely removing it from American food products should be sent we continue to shoot ourselves in the the unilateral economic sanctions. to another country it has any impact? foot and make agriculture and farmers Mr. DURBIN. If I could ask the Sen- I think it does. and ranchers pay for this when the fact ator to give me a little more informa- Eight years ago I went to India. Out- is it is not working is beyond me. tion, should this President, or any fu- side of Calcutta in a dusty little village Again, I say this is not an effort by ture President, decide that another na- I visited a site where some of Ameri- Senators in some kind of disingenuous tion is guilty of terrorism against the ca’s agricultural products were being fashion to encourage terrorism, or to citizens of the United States, and he sent. It was a little facility where chil- encourage rogue states or pariah seeks to apply sanctions against that dren—tiny little emaciated children— states. Nobody wants to do that. But country, would that President be pre- were being brought in for what, in ef- when you have an opportunity to use cluded from including in those sanc- fect, was their best meal of the day. I agriculture again as a tool for peace, I tions a prohibition against shipping looked, and was somewhat amused to think we ought to do it. food and medicine? find that the bag of grain came from I appreciate this opportunity to take Mr. DODD. None whatsoever, I say to Peoria, IL. Imagine my pride that what this time. I thank my colleagues for my colleague. we had grown in Peoria—the corn, soy- their indulgence. Mr. DURBIN. I thank the Senator beans, and wheat that was brought in— I yield the floor. from Connecticut for making that was a food product being fed in a small Mr. DURBIN. Mr. President, will the point clear, because I would like to join village outside Calcutta. What we pro- Senator from Illinois yield? him and the Senator from Kansas, as vided these children looked like some The PRESIDING OFFICER. The Sen- he says, in making a very clear record mass of dough. It was just these basic ator from Illinois. hear that none of us intend to in any grains mixed with water and a little Mr. DURBIN. Thank you, Mr. Presi- way restrict the power of the Presi- sugar. They ate it like they were on a dent. Mr. President, I wonder if the dent—this one, or any future Presi- trip to Baskin-Robbins. It was the big- Senator from Connecticut would yield dent—to fight terrorism, or to stand gest treat of their lives. But before for a question? firmly in opposition to nuclear pro- they ate the food from the United Mr. DODD. Mr. President, I would be liferation or anything that might in States, an interesting thing occurred. happy to yield. any way assault the integrity of the The person who was supervising the Mr. DURBIN. I say to the Senator United States or the integrity of any feeding of these small children in this from Connecticut, it appears the opera- American citizen. nutrition center asked the children to tive language in the amendment—I I rise in support of this amendment pause for a moment and bow their hope this is the most current version— that has been offered by Senator DODD, heads and say a Hindu prayer of thanks says, ‘‘Notwithstanding any other pro- Senator ROBERTS, Senator HAGEL, and to the United States for sending this vision of law, the President shall not Senator BIDEN in a bipartisan fashion. grain. restrict or otherwise prohibit any ex- The seat that I usually occupy over Does it make a difference? Would it ports (including financing) of food, here is a desk once occupied by Senator make a difference in Libya, or in North other agricultural products (including Hubert Humphrey of Minnesota. Sen- Korea, for children and their parents to fertilizer), medicines or medical equip- ator Humphrey of Minnesota was from know that the people of the United ment as part of any policy of existing an agricultural State, and said in the States were involved in either humani- or future unilateral economic sanc- darkest days of the cold war when the tarian aid or the sale of food? I think it tions imposed against a foreign govern- United States was engaged in massive does. I think it says something about ment.’’ troop commitments in Europe to pro- us as a Nation. That is really the most operative tect against the possible encroachment Look at the situation in North paragraph of this amendment, is it of communism, when we were fixated Korea. The Senator from Kansas has not? in our foreign policy of the possibility been there. I have not. But it had to be Mr. DODD. Mr. President, in response of Soviet expansionism, said that we absolutely frightening to see that sort to my colleague’s question, that is cor- should be willing to trade anything of deprivation and famine in that rect. That is the language of the bill. they can’t shoot back at us, and on struggle to survive. Mr. DURBIN. The reason I raise that that basis promoted the idea of agricul- The Senator from Connecticut is tell- question is that during the course of tural trade. ing us in this amendment that the the debate there have been some ques- You may remember visits by Nikita United States should establish stand- tions raised about whether we are re- Khrushchev to the United States to ards when we push for our political stricting the power of the United farms in Iowa during the midst of the policies which define us to the world. I States to deal with questions of terror- cold war and the suggestions that we believe, as he does, that the export of ism and national security. should still engage in trade involving food and medicine should be above the I want to ask the lead sponsor of this food with a nation that was, in fact, political agenda. We are talking about amendment to explain, if he will, what our mortal enemy, the U.S.S.R. A lot the survival of children, of pregnant he means in using the term ‘‘unilateral of us in the Farm Belt felt that this women, and of their families. As much economic sanctions.’’ Do we, in fact, was a reasonable means to provide as we may abhor that form of govern- preclude this President, or any future some exchange not only of goods but of ment that rules over those families, we President, if we adopt this amendment, ideas. We felt that it also said to the should never be in a position where the from imposing sanctions for purposes average Soviet citizen that the United United States has denied its bounty, of national security or national de- States of America represented people its excess, to those who are in need. fense? who not only had a bounty to share but As I have traveled, I have noticed the Mr. DODD. Absolutely not, Mr. Presi- were willing to do it despite our clear need for medicine in some countries dent; none whatsoever. To characterize political differences. around the world. Even those that have the amendment as such is completely Senator Humphrey inspired a policy been liberated from the Soviet Union— misleading, or as not to have read it at which was followed by Democrats and now new democracies—really have all. It only applies to unilateral eco- Republicans for years. Soviet grain medical care which is at the lowest nomic sanctions. For instance, this sales was a major source of discussion, level. Many times the basic medicines amendment does nothing with regard even during the height of the cold war. which we have in such great supply in to the multilateral sanctions on Iraq. I guess when President Reagan an- the United States could make a world Those are not unilateral sanctions. nounced that the Soviet Union was the of difference in terms of disease like Those are multilateral sanctions that ‘‘Evil Empire,’’ we were still dealing in cholera, diphtheria, and other problems apply to that country. So it only ap- grain. We believed we could deal in that children suffer from around the plies there. If the President, this Presi- food and still have a serious difference world. And so I think what the amend- dent, or any future President, wants to in terms of political philosophy. ment seeks to do is to say that we will apply sanctions on some basis other Does it make a difference? Are we not deny to the children, in a country than economic, they may utilize this kidding ourselves to believe that if led by some dictator whom we might July 15, 1998 CONGRESSIONAL RECORD — SENATE S8219 disagree with, the basic protection of the case of some countries where we Now, with that parenthetical, it medicine. have applied that, food and medicine seems to me that we are not to sanc- This amendment really speaks to our come off. Now, if the President wants tion not only food but other agricul- values. This amendment draws a line in to apply sanctions on some basis other tural products, including those prod- defining America to the world. This than economic sanctions, he has all the ucts which are used by that country in amendment says that we will not show freedom to do so. the production of its own indigenous our hatred at the expense of innocent A wonderful example of that we have agricultural food and fiber. That obvi- children. This amendment says that just debated over the last 2 weeks. Here ously would be the only reason to spe- when we apply unilateral economic India and Pakistan detonate two nu- cifically exempt fertilizer. What about sanctions, we have enough muscle in so clear weapons. I do not know what you seed? Would that be an agricultural many other areas to make our political could argue may be more threatening product against which the President point that we need not take it out on to the long-term security of the United could not impose a sanction? Would the most helpless in countries around States than two nations detonating nu- tractors, combines, other of the me- the world. clear weapons. We voted 98 to nothing chanics and equipment of agricultural I am happy to stand in support of to take off food and medicine as a part production be similarly excluded from this amendment. of the sanctions policy there. the President’s range of sanctions that I thank the Chair. All I and my colleagues are saying could be used? The PRESIDING OFFICER. The Sen- here in this case is that if the Presi- I believe the very fact that those questions are raised goes to one of the ator from Florida. dent wants to impose sanctions on the reasons that it is imprudent, at 7:50 Mr. GRAHAM. Mr. President, I thank basis of something other than unilat- p.m. on this Wednesday evening, for us the Chair. eral economic sanctions, he can do that to be considering this amendment. This I rise to strongly oppose this amend- without any restriction of this amend- amendment has been introduced as ment, and I believe that the amend- ment. But when he only goes to im- pose, or we go to impose, Members of freestanding legislation. I assume it is ment has been mischaracterized, or at Congress—and we are far more guilty before some committee of the Senate. least the most reasonable reading of of this, by the way. Let’s face it, we are The normal manner in which we would this amendment is different from the talking about ourselves to some de- consider an issue of this importance interpretation it has been given. If in gree, and we all know what goes on would be to have a hearing, to have the fact it is the intention to have this here. We have a proliferation of these language subjected to close scrutiny, amendment not apply to applications amendments. We all draft and issue the not just the kind of scrutiny that can for national security purposes or pur- press releases to satisfy constituencies be provided here on the Senate floor by poses of punishing those who have en- in this country. That is what happens. those of us who have an interest in and gaged in terrorist activities or other And we apply unilateral economic some knowledge of this matter, and a events which were directed against the sanctions and deny people food and genuine public debate. After the idea citizens or the society of the United medicine, and we think that ought to has withstood that kind of inquiry, States of America, then the amend- stop, but not if you want to impose then it is mature to come to the Sen- ment should be clarified, because the sanctions on bases other than eco- ate for consideration, for adoption, plain reading of the amendment on nomic and unilateral sanctions. adoption that would reverse three to page 1 beginning at line 14 states: Mr. GRAHAM. I don’t know what the four decades of powers which the Presi- Notwithstanding any other provision of question was. dent of the United States has been law, the President shall not restrict or oth- Mr. DODD. That was a question. granted by this Congress in order to erwise prohibit any exports (including fi- Mr. GRAHAM. But clearly, the plain achieve important U.S. national objec- nancing) of food, other agricultural products interpretation of the sentence that I tives. (including fertilizer), medicines or medical just read is that the remedy against equipment as part of any policy of existing It is also ironic that we are doing or future unilateral economic sanctions im- whatever the cause might be, whether this at this time, when we have re- posed against a foreign government. it is nuclear proliferation, support of cently established a separate task force terrorists, attack against our national Now, the sanctions are the remedy whose purpose will be to review our security, harboring drug traffickers, or for the action that has led us to be in current sanctions policy and to bring whatever the cause may be, we are just a state of opposition to that foreign to us their reasoned judgments as to saying that, notwithstanding any other government. The cause of that might what we should do. It seems to me that provision of law, we have denied from be that they were encouraging terror- prudence would indicate that the ap- the President of the United States as propriate thing to do would be to at ism or they were engaged in activities one of the remedies against that causa- that were considered to be a threat to least wait until that group that we tion the use of unilateral economic have just established has an oppor- our national security. sanctions when those sanctions include The means of achieving that retalia- tunity to complete its work and give us food, agricultural products, medicines, the benefit of its recommendation, as tion against a foreign government is a and medical equipment. sanction, in this case an economic to what our policy should be in this If that is not the intention, then I area. sanction. The economic sanction is not think the sponsors of this amendment Mr. ROBERTS. Will the Senator the reason that we are imposing; it is should offer a modification—and I be- yield for a question? the means of the imposition. And so lieve that is now within their power to Mr. GRAHAM. I yield, yes. this language does not speak to the do so—to clearly state it is not in- Mr. ROBERTS. The Senator has indi- causation of why we are imposing the tended that the use of food, agricul- cated we are rushing to judgment here. sanction; it just says that whatever the tural products, medicines, and medical I would only point out that in 30 years cause, whether it is terrorism, national equipment not be a restriction on the every agricultural group, every farm security, or whatever reason, the Presi- President’s ability to use those prod- group, every commodity organization, dent is prohibited from having as one ucts where the causation is terrorism, everybody connected with every hun- of his arrows in the quiver of remedies causation is an attack against national ger organization has been pointing out an economic sanction that includes all security, or some other cause. And the insensitivity and the counter- of those items which are listed in this then we could have a reasoned debate productivity of unilateral sanctions amendment. on just what would be the reach of this with food and medicine. Mr. DODD. Will my good friend and amendment. I have some figures here from 1995. I colleague yield on that point? I might also say, I am concerned don’t have them yet for 1996, but they Mr. GRAHAM. I will yield for a ques- about the language of this amendment are very similar. U.S. sanctions cost an tion, yes. in that we have been focusing on food— estimated $15 to $20 billion of lost ex- Mr. DODD. It is a question. wheat, corn, other products of human ports. One way or other, I guess my Mr. President, the authors and I nutrition. But the language goes on to question to the Senator would be: could not be more clear. This is unilat- say ‘‘other agricultural products (in- Would you support a sanction indem- eral economic sanctions, and clearly in cluding fertilizer).’’ nity payments for those industries or S8220 CONGRESSIONAL RECORD — SENATE July 15, 1998 those businesses who have suffered the something about a clear, comprehen- batting, now, for the third time. If the losses, through no fault of their own, sive export policy that wards off these Senator would indulge me? more especially agriculture? very counterproductive embargoes— Mr. GRAHAM. It is going to be a I don’t know how we fund—I know and is simply misdirected. We have question at the end of this statement? how we fund it. We do it. We could de- ample, ample evidence that this does Mr. ROBERTS. I can promise the clare it an emergency. As a matter of not work. Senator there will be a question. fact, that is one of the proposals that I am on the sanctions task force. I Mr. GRAHAM. I look forward to the was being talked about, in terms of the went to the first meeting. We have question. package put together by the folks taken some rifleshot reforms here that Mr. ROBERTS. It is a question I across the aisle, and some of us over are sorely needed right now. It doesn’t know the Senator will respond to in an here, on down the road. take away from the sanctions task affirmative way because it makes so We can’t go on like this. I hope, after force and their overall approach, to see much sense. What would happen if we added a new 30 years of this debate, I would hope if Senator LUGAR’s bill is appropriate, section to the second-degree amend- the wheat growers, the corn growers, or Senator DODD’s bill, Senator BIDEN, ment that is pending at the desk, stat- the barley growers, the cattlemen, the Senator HAGEL, myself—to look back ing something like this: pork producers—the Senator’s State of on sanctions. That is the appropriate ‘‘The President may retain or impose Florida is a tremendous State in regard agenda in regard to the task force. But sanctions covered by this bill, sections to agriculture output. I hope these I can assure the Senator, in terms of (B) and (C), if he determines that re- farm groups have met with the Sen- voluminous hearings ad nauseum, be- taining or imposing such sanctions ator. cause of the hurt it has caused in farm would further U.S. national security Would the Senator be in a position to country that we have had ample hear- interests.’’ help us support some kind of sanction ings. I had thought about listing some of indemnity payment, given the situa- I didn’t ask the Senator a question, the concerns that the Senator from tion? except to say I truly appreciate him New Jersey and the Senator from Flor- I am not even talking about the hu- yielding. I will cease and desist at this ida have indicated, but I thought bet- manitarian aspects of this. But we point. ter of that, and put a blanket situation have sanctions now on 75 percent of the Mr. GRAHAM. I am sorry that we here—U.S. national security interests. world’s population. We just can’t go on didn’t have a question, but the Senator Obviously, the export of terrorism like this. So, consequently, I think this has moved me to point 2 of my re- would be included. Obviously, I think, is a step in the right direction. Rather marks, which is the undercurrent of some of the concerns that have been than do it piecemeal, each country by much of this debate, where we focus on raised by the Senator from Florida country—as the Senator from Con- the poor, particularly the hungry chil- would be included. necticut so aptly pointed out, 98 to 0, dren. Everyone is moved by those emo- Would the Senator be amenable to and we just had a UC bill pass here in tions. There is a natural humanitarian considering something like that? regards to India and Pakistan because concern about people, particularly in- Mr. GRAHAM. I think the Senator’s they were counterproductive. nocent people, being denied access to question makes the first point I made, I think the Senator is obviously con- the basic necessities of life. and that is the inappropriateness of cerned about an island not too far from What offends me is the assumption trying to write a piece of legislation his State and I am concerned about that it is the U.S. embargo policy, that is as nuanced and delicate as this that. whether it is against Iraq, Iran, North on the floor. I pointed out what I I would just pose the question. Would Korea, Cuba, or whatever rogue state, thought was clearly an interpretation he support sanction indemnity pay- that is the cause of that impoverish- that said that whatever the cause, we ments? ment. This is a return to that classic were going to be denying as a remedy Mr. GRAHAM. I say to the Senator, ‘‘Let’s blame America first’’ argument. the use of unilateral economic sanc- that is one of many of the kinds of Let’s find out what is wrong with the tions which included this prescribed questions that I would assume this bi- world and then let’s blame the United list of food, agricultural products, med- partisan commission, which is just States of America for being respon- icine and medical equipment. Now the commencing its review of our current sible. Senator is suggesting that he doesn’t sanctions policy, will be looking at. The person who is responsible for the really want to go as far as this lan- I am not prepared tonight, nor do I economic conditions in Cuba is not sit- guage and would like to say, at least in feel myself competent tonight, to re- ting in this room and is not residing at the area of national security, that we spond to the Senator’s question as to 1600 Pennsylvania Avenue. The person don’t have to deal with our enemies. whether we should have an addendum who is responsible for Cuba’s impover- I think, personally, that is too nar- to our policy that relates to indem- ishment is named Fidel Castro and he row a construction. I think there are a nification. But I am certain tonight lives in Havana. Whether we do or do variety of types of activities that the that we also do not know enough to say not adopt this amendment tonight, he President of the United States, with that we ought to change 40 years of still is going to be living in Havana and the authorization of Congress, ought to U.S. policy by adopting this amend- he still is going to be following discred- be able to sanction in the most severe ment which has not been subjected, to ited economic policies. He is still going possible way, including denying them my knowledge, to the first hour of seri- to be following a personal attitude of the products that are listed in this leg- ous Senate hearing consideration. disrespect to his own people. He still is islation. Mr. ROBERTS. Will the Senator going to be following authoritarian dic- I don’t think we ought to try to write yield for one more question? tates—because he wants to stay in that on the Senate floor at now 8 Mr. GRAHAM. One more question. power. o’clock at night. This is exactly the Mr. ROBERTS. I appreciate the in- So, Mr. President, the idea that we type of considered judgment that we dulgence of my friend and colleague. I have to blame America first and find would say in this great deliberative just want to point out that after every ourselves to be at fault for the poverty body ought to be deliberated in an ap- sanction, after every embargo, after and the misery of the poor, particu- propriate committee with appropriate every hindrance to every export pro- larly the young and the halt and the el- public input. gram that we have had, we have had derly, in these rogue nations, I reject Mr. ROBERTS. I take it the Sen- hearing after hearing after hearing in and I find to be offensive personally, I ator’s answer is no. the House Agriculture Committee. I find to be offensive to the values of the Mr. GRAHAM. I think my answer was privileged to be the chairman of United States of America. would be no, and my reason would be that committee for 2 years. I have at- Mr. President, let me move to the point 1 of my remarks. I am now about tended more hearings, more discus- third point, if I could, and that is I do to move to point 3 of my remarks. sions, more farm meetings, been to want to speak specifically. Mr. ROBERTS. Then this gift horse more farm organization resolution Mr. ROBERTS. Mr. President, I ask will ride back into the sunset and with- meetings in State after State, to do for one short question. I know I am draw the offer. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8221 Mr. GRAHAM. I would be very happy frustration and suffering because of the luded in his opening remarks, and that if this amendment would ride into the farm crisis. But it is not frank, it is is a policy that says: Let us increase sunset as long as it didn’t return. not fair to the American farmer to sug- the opportunities for the people of the Point 3 does relate specifically to gest that if the United States abandons United States with modest Govern- Cuba which is an object case of the its human rights policies and its eco- ment assistance to join that philan- point 2, which is that the reason that nomic embargoes on these terrorist thropy to provide humanitarian needs Cuba is in its desperate economic cir- governments, that is the salvation for to the people of Cuba. But instead of cumstances is not to be blamed on the the American farmer. being done on a commercial basis, United States and our policy, it is to be As my friend and colleague from which means that Fidel Castro will be blamed on Fidel Castro. The reason it Florida stated, the per capita income in control of what is purchased and didn’t happen 20 or 30 years earlier is of Cuba is $300. Cuba has 7 days’ worth how it is distributed and how it is used because as long as there was a Soviet of foreign exchange. Just how much to either reward or punish activities Union, the Soviet Union was subsidiz- wheat or corn does the Senator from which the state considers to be bene- ing Cuba to the extent of 20 to 30 per- Kansas believe Fidel Castro will be ficial, let us use the nongovernmental cent of its gross domestic product. buying? North Korea has no foreign ex- organizations, such as the religious or- When the Soviet Union collapsed in the change at all. Nothing. The Sudan has ganizations in Cuba, to be the means of late eighties, its ability to continue to a per capita income of $100 per year. distributing the humanitarian prod- provide that kind of subsidy to Cuba These are not countries that are mar- ucts. Let us use that as a means of as- also collapsed and all of the underlying kets for American farm products. suring that this humanitarian effort inadequacies of a statist, Communist I share the concern of our colleagues will not be perverted for political economic policy surfaced. from the Midwest of the plight of the goals. For us to say that we are responsible American farmer, but believing that we Let us use it as a means of increasing for the impoverishment of the Cuban can compromise our policies on terror- the strength of those nongovernmental people because we have denied them ism or for human rights by offering organizations, because they will play a access to food, agricultural products, sales to nations that have no resources critical role today in the life of the medicine and medical equipment, I is a false promise and, what is more, people of Cuba, attempting to lift some think, is, frankly, absurd and an af- simply contradicts the facts. of the burden which Fidel Castro has front to the people of the United States The Senator from Florida has said it imposed upon those people. Those same of America. It is Fidel Castro who has right. There is blame for these failing nongovernmental organizations will placed his people in that condition, not economies and the fact the poor are play a critical role during the period of the people of the United States. suffering, but it is not here. The Sen- transition in Cuba. Maybe the most dramatic example of ator from Florida was my cosponsor in One of the key questions for the that, just a few years ago when our col- offering in the Senate the Cuban De- United States is not whether there will league and visionary, the Senator from mocracy Act which is the foundation be change in Cuba. Of course there will New Jersey, was a Member of the for the current embargo against Cuba. be change. No one can tell you exactly House of Representatives, he sponsored He should be proud of everything that the hour and the date of that change, legislation which established the mod- he did because, indeed, as is now the but that it will come is assured. What ern U.S. embargo policy relative to case with the Sudan and with North we do not know is whether that change Cuba. I am pleased to say that I was Korea and with Iraq and with Cuba, we honored to be the Senate sponsor of will be more like Czechoslovakia, a have assured that the poor, on a hu- that legislation. ‘‘velvet revolution,’’ relatively without In that legislation, medicine was ex- manitarian basis, will get food even bloodshed or conflict, or whether it cluded from the commercial sanction though they can’t buy it. will be more like the nation whose against Cuba. There is a license policy That policy now will be undermined head of state spoke to us earlier today, required in order for a Cuban entity to by offering to sell these products to Romania, where thousands of people purchase medicines from the United people who can’t buy it. I think the were injured or killed during the States, but that is available. Senator from Florida has made the course of the transition from an au- Do you know what has happened in case persuasively. Thank you for yield- thoritarian to a democratic govern- the intervening now some 5 years since ing. ment. that access to commercial purchases of Mr. GRAHAM. Thank you. I appre- I believe the nongovernmental orga- U.S. medicines by Cuba has been in ef- ciate those kind remarks, and no one is nizations in Cuba will play a critical fect? What has happened is zero has more dedicated to the freedom of the role in facilitating a peaceful transi- happened, because Cuba has not availed people of Cuba than is our friend and tion and that by using them rather itself of this opportunity it had. Why colleague from New Jersey. He has than, as this amendment would propose hasn’t it availed itself? I suggest pri- demonstrated that dedication time and to do, the Government of Cuba, as the marily because Fidel Castro has some time again. instrument for the distribution of hu- higher priorities in terms of his use of As he said in his earlier remarks, not manitarian assistance, we have the op- Cuban resources, like continuing to only are we not the source of the blame portunity to strengthen and elevate fund one of the most oppressive state of the impoverishment of the people of those nongovernmental organizations. police in the world, continuing to try Cuba, in fact, the United States, both Mr. DODD. Will my colleague yield to maintain what is left of a military governmentally but primarily through on that point for a question? capability. Those have all had higher the generosity of its people, has pro- Mr. GRAHAM. For a question. priorities and, therefore, there were lit- vided through donations more humani- Mr. DODD. I think I have a question tle resources left to use the special ac- tarian assistance to Cuba in the last 4 at the end of this one. cess through license policy for U.S. years than the foreign aid of all other Mr. President, I know my colleague medicines. governments in the world combined. from Florida is very familiar with Car- Mr. TORRICELLI. Will the Senator Now to say blame America first, make dinal Ortega, who is the leading Catho- from Florida yield? us the object and the source of Cuba’s lic figure on the island of Cuba. I know Mr. GRAHAM. Yes. poverty is an affront. he knows who he is, and is aware of the Mr. TORRICELLI. The Senator from My final point is that by adopting recent visit by His Holiness, Pope John Florida makes a valuable point that this policy, we will also be missing the Paul II, when he was in Cuba in Janu- somehow the responsibility for the eco- opportunity to adopt a policy that has ary. Obviously, my colleague is well nomic ailments of failing Marxist gov- the potential of making a significant aware, as well, of the position of the ernments incredibly is being placed on difference in terms of the U.S. national U.S. Catholic Conference with regard the U.S. Senate. The reason that there interest, but more importantly the to lifting the sanctions on food and is hunger in Cuba and North Korea is human interest of the people living in medicine. because their systems have failed. Cuba. I say and raise the question, cer- I recognize that in the great farm What is that policy? It is also one to tainly we all, I think, would know—and belts of America, there is tremendous which the Senator from New Jersey al- my colleague, I presume, would agree— S8222 CONGRESSIONAL RECORD — SENATE July 15, 1998 that Castro, Fidel Castro, has no great- Mr. GRAMS addressed the Chair. this very amendment, and to try to er enemy on the island of Cuba, or any- The PRESIDING OFFICER. The Sen- work out the differences that we might where, for that matter, than Cardinal ator from Minnesota. have. Ortega, yet is it not the fact that Car- Mr. GRAMS. Thank you very much. But for those who will say that food dinal Ortega, the Catholic Conference, I rise this evening to strongly sup- and medicine can still be donated as and in fact His Holiness, Pope John port the amendment by Senators DODD, well under these embargoes, I respond Paul II, has called for the lifting of re- WARNER, ROBERTS, HAGEL, and myself, by stating that the licensing process strictions on food and medicine sales which would exclude food and medicine that donators have to go through is so when it comes to Cuba? sales from existing trade sanctions. time-consuming and it is so cum- Mr. GRAHAM. I believe it is even As one who has growing concern bersome that it simply is a process more broad. I believe they have advo- about the use of unilateral sanctions to that does not work. What has resulted cated a total lifting of the U.S. embar- accomplish various foreign policy and is fewer donations. Improving the dis- go. other goals, I am very pleased tonight tribution system is not going to work Mr. DODD. I am only referring to that we are considering this very im- as well. We need the certainty of free this particular proposal. portant measure. Food and medicine market sales, unencumbered by Gov- Mr. GRAHAM. They would not be should not be used as a weapon in our ernment regulations or dictation and constrained to the items included in disputes with leaders of other coun- direction. this amendment. They would advocate tries. As we have seen repeatedly, and Certainly, we do not need the Con- a total lifting of the embargo against as we have heard repeatedly on the gress to be involved in implementing Cuba. floor of the Senate here tonight, with- food and medicine distribution in any Mr. DODD. Mr. President, is the an- holding food and medicine does nothing countries, as has been suggested here swer to the question, regarding food but hurt the people whom we are try- in the past. We need to help our farm- and medicine, Cardinal Ortega has ing to help in these countries. ers and medical supply companies pre- called for the lifting of the ban on food The leaders, such as Fidel Castro, are serve their excellent reputations glob- and medicine? always going to have access to these ally. Why earn them the reputation Mr. GRAHAM. As well as every other necessities. They are going to get the again of being an unreliable supplier by aspect of the embargo. And with great food, the shelter, the medicine, the continuing to include them in our respect, I believe that the policy that care that they need. But inclusion of sanctions? American farmers are still says, rather than lift the embargo, food and medicine in embargoes or in suffering from the effects of the Rus- strengthen Fidel Castro, with no real sanctions only makes the choices fewer sian grain embargo from the late 1970s. prospects, with a country so impover- for the residents of those countries and As we heard, they got the reputation of ished as Cuba, that they are going to the prices higher for the average citi- being unreliable suppliers. And it hurt be able to compete in the commercial zen. the farm economy for many, many market to buy agricultural products— I simply do not believe that anyone years following that. why aren’t they buying medicines in this body can tell me this is a pru- You have heard the statistic often in today? They have been authorized to dent policy in any country of the the past few days—over 60 sanctions do it for 5 years, and yet they have not world. As just referred to here a few have been imposed by this Congress availed themselves. moments ago, somehow we are blaming and by this administration. They are The reason is probably that it is not the U.S. Senate or the United States based on the laws that we have passed. a high enough priority of Fidel Castro for the problems in countries such as They target some 70 countries, and the to use his limited resources to buy Cuba. We do not blame the United numbers affect from one-third to two- antibiotics. He would rather buy equip- States for the bad economy. We know thirds of the world’s population. It is ment that his military and secret po- that that is Cuba’s problem. That is no wonder that our agricultural pro- lice can use to suppress the people. Fidel Castro’s making and his problem. ducers and most of the business com- There is no expectation he is going to But we are here tonight trying only to munity have united to oppose these use any availability of the commercial address the needs of the peoples of unilateral sanctions. Why would other purchase of foods to any greater extent those countries and do it in a very hu- countries consider us reliable suppliers that he has used his potential of com- manitarian way, and not to use food in the future if we continue to have mercial purchase of medicines. and medicine as a weapon in our for- this kind of a record, to hurt ourselves, What I think does offer hope is to en- eign policy arsenal. to hurt our economy, to hurt our jobs, courage a policy of U.S. private citizen, It was also said by the Senator from and not to accomplish the goals we with limited Government support, phi- Florida just a few moments ago—he have? lanthropy through nongovernmental said that we should have held hearings If these sanctions, or these unilateral organizations to the people of Cuba, on a bill like this, that we should not sanctions, could produce the very type both to meet and alleviate some of be writing this kind of an amendment of reforms that we were asking or that their current deprivations and build up on the floor of the U.S. Senate tonight. we thought should be made, I think ev- some institutions that will help in the But I think he knows very well that erybody in this Senate would line up transition in Cuba. Senator DODD and I, for many weeks, behind it and vote for it tonight. But Mr. President, for those four stated tried to schedule hearings. I am the over 30 years we have seen that these reasons, I believe this amendment, well subcommittee chairman of the sub- types of sanctions and embargoes just intended as it might be, is inappropri- committee of jurisdiction in the Bank- do not work. All they do is have the ate for our consideration at 8:14 p.m. ing Committee over this bill. We re- exact opposite effect of hurting our on the evening of July the 15th. I hope quested numerous times—we held farmers, our businesses, our jobs, our that it will be the wisdom of the U.S. meetings with opponents of this legis- economy, and they also do not provide Senate, if we are given the oppor- lation trying to get a time when we the type of health and humanitarian tunity, to set this aside through a mo- could hold the hearing to bring out the relief to the people of these countries tion to table, and that we would see concerns and to help write legislation suffering under these types of regimes. the wisdom of that opportunity and and bring it out to the floor of the Sen- Why would other countries consider then would look to the bipartisan com- ate. us reliable suppliers in the future if we mission on sanctions as well as the Those who are opponents of this bill continue this kind of record? Right standard traditional processes of delib- are not only opposed to it tonight, but now we have pending, just pending, 26 eration in the Senate as a means to they have been opposed to it and would unilateral sanctions—unilateral, just fully explore whether we, in fact, want not allow us—now, I do not know how the United States, nobody else coming to change a 40-year policy of the use of often that happens, but the oppor- into this. When we talk about the Iraq economic sanctions against some of the tunity to even hold a hearing was sanctions and how we have lifted and most rapacious or rogue states on this blocked. There have been many, many, allowed them to sell oil to meet some planet. many other attempts and meetings to of their needs with food and medicine, Thank you, Mr. President. try to hold a hearing on this very bill, that was a world community effort July 15, 1998 CONGRESSIONAL RECORD — SENATE S8223 that put pressure to allow this to hap- focus here this evening in some of this cipal cosponsor of this important pen. We cannot get our allies to sup- debate, a little bit off focus. amendment sponsored by my friend port this type of sanctions or embargo. Foreign policy is about dynamic and colleague, Senator DODD. The world community doesn’t support change, about a world of great change, This amendment would exclude the it. Many in the Senate do not support a world of hope and opportunity. It is export (including financing) of food, it. about our role in the world and how we other agricultural commodities, medi- There are 11 other bills that could best position ourselves in the world to cines and medical equipment from any target an unlimited number of coun- make our point. unilateral sanctions imposed by the tries, as well. One is the pending reli- The question always comes back to, United States. gious persecution sanctions bill which How best do we do that? How best do In recent weeks, we have heard over alone targets over another 100 coun- we leverage what we have? What and over again here on the Senate tries. works? Does withholding food and med- floor, on the weekend talk shows and Now, in my judgment, sanctions will icine work? Well, look around; look in the editorial pages of numerous only accomplish their intended goal if around. This is not some fly-by-night newspapers how unilateral sanctions they are applied, again, multilaterally. quick deal that we are talking about on the export of agricultural commod- Anything short of that is bound to fail. here. We have debated these issues. ities, medicine and medical equipment The only result, then, again, is that My colleagues have talked about ef- primarily hurts American producers of our farmers, our workers, are going to forts, which I have been part of, to get those producers. suffer, not the leaders. Fidel Castro is hearings. Again, I go back to one point Also, in most cases, the prohibition not going to suffer. Fidel Castro is not of reality here: This is not a revolu- or restriction on the sales of food, med- going to move out of that office one tionary shift in policy. And if, in fact, icine and medical equipment in order day sooner because of these sanctions. we are to enlist more allies and do to punish a foreign government harms In fact, he has probably stayed in office what America has always done—defend the general population in the targeted much too long because of this type of and enhance more liberty for more peo- country rather than that country’s action. ple—we come back to the question of leadership. This is an important amendment how we do that. Does trade and com- Gary Hufbauer—a renowned expert which follows the commitment that we merce improve people’s lives? Does it on the issue of sanctions—made that made yesterday, and that is to try to open societies? I think history has an- very point in his recent article in the help our farmers and other businesses swered that rather clearly. Washington Post. He stated: expand markets abroad. I urge my col- Yes, I am from a Midwestern State. I .. . economic sanctions can inflict pain on leagues to strongly support it. am from a large agriculture exporting innocent people while at the same time in- I yield the floor. State. That is important. Those inter- creasing the grip of the leaders we despise. The PRESIDING OFFICER. The Sen- ests are important. But there is not a When sanctions are applied broadside—as ator from Nebraska. against Haiti, Cuba and Iraq—the hardest hit farmer in Nebraska who is saying, ‘‘I are the most vulnerable: the poor, the very Mr. HAGEL. Mr. President, I rise this would trade America’s national inter- young, the very old and the sick. Left evening to strongly support this ests in the world’’ —or even entertain- unharmed, and often strengthened, are the amendment. We have heard a number ing that bargain—‘‘for selling more real targets: the political military and eco- of dynamics—issues, good questions, corn or beef.’’ So let’s not mislead any- nomic elites. relevant questions—about what is one here tonight that that is the trade. Finally, unilateral sanctions on food being attempted in this amendment. That is not the trade here. That is not and medicine rarely achieve the goal of Mr. President, we are not talking what we are talking about. We are having the targeted nation alter its ac- about some revolutionary change in talking about what works and who is tions or policies. In light of that, I be- our foreign policy here. What we are really penalized here. lieve it is time to stop using food and talking about is what works. We are I can go through a list. You all know medicine as a foreign policy weapon. talking about common sense, rel- about what has happened when wheat As a member of the recently estab- evance. There has been much talk to- embargoes have been put on. President lished Sanctions Task Force, I look night about humanitarian issues, Nixon in 1973 banned soybean exports. forward to working with my colleagues human rights, trade, foreign policy, na- What has that done? Well, it has made on the broader issue of reviewing on tional security, all wrapped up into Brazil a very significant soybean pro- the broader issue of reviewing the over- this debate. ducer, is what it has done. I have pages all U.S. sanctions policy. But my goodness, Mr. President, as of these things to talk about, specifi- However, I believe that is appropriate we are about to embark on a new cen- cally narrow, focused issues on agri- at this time to proceed with this tury, a new millennium, the greatest culture and medicine. But in the inter- amendment to exempt food and medi- power on the Earth, the greatest power est of time and the interest of good cine—what I consider humanitarian the world has ever seen, are we to rely judgment, so that my colleagues won’t products—from unilateral U.S. eco- on embargoing medicine and food to le- be completely offended by this debate, nomic sanctions. verage and implement our policy and suffice it to say that this is a debate Mr. President, Senator DODD and I our position in the word? I don’t think about the totality and the complete- have been working towards this goal so. We are better than that. ness of what encompasses foreign pol- for a considerable time. Our former We have heard much conversation to- icy, and trade is part of that—trade is colleague, Senator Wallop of Wyoming, night about unilateral sanctions, mul- part of it—and how we best work our has been a valued resource for facts tilateral sanctions. The world has way in to nations that don’t have the which compel this action. Likewise, a changed, shifted. There is no nation on same values and standards and morals number of Cuban Americans have Earth today that can’t get medicine and respect for rights as we do. urged this goal. The time is now. and food, commodities, services, prod- I close by a point I made at the be- Mr. TORRICELLI. Mr. President, ucts, somewhere else. They don’t need ginning of my remarks. A great power, this issue has now been debated at to go through the United States. So, in the greatest power on Earth, this Na- great length. And having listened to so fact, what are we doing? Are we isolat- tion that has done so much for so many many of my colleagues, for my own ing some other country? Are we isolat- for so long, should not need to rely on part, I wanted only to respond to sev- ing a leader? No; we are isolating our- embargoes for food and medicine to im- eral things that have been said and selves. We are isolating our farmers. plement and further our policy. then leave the issue with the Senate. We are isolating our ranchers, our pro- I hope my colleagues look at this in It is being suggested that somehow ducers, our people, our future, our the completeness of how we, who have the idea of economic sanctions is some growth. And for what? We are not com- offered this, intend it to be viewed and aberration of policy, inconsistent with promising our national security when would support this amendment. our values, inappropriate in the final we talk about these issues of medicine I yield the floor. years of the 20th century. I want to re- and food. We are not exchanging trade Mr. WARNER. Mr. President, I rise mind my colleagues that the American for security. We have gotten a little off today as a strong supporter and prin- effort to impose economic sanctions S8224 CONGRESSIONAL RECORD — SENATE July 15, 1998 began with Woodrow Wilson, after the out that my State of New Jersey man- The amendment (No. 3159), as modi- Great War, as an alternative to mili- ufactures as much in the gross value of fied, is as follows: tary conflict. So many lives had been pharmaceutical products as the State Strike all after the first word in the pend- lost and the war was so senseless that of Nebraska and the State of Kansas ing amendment an insert in lieu thereof the we began this 20th century with a com- produce in agricultural products. Every following: mitment that this was the better alter- major pharmaceutical company in ‘‘(A) FINDINGS.—(1) Prohibiting or other- native. I don’t believe that Members of America is in my State. I have never wise restricting the donations or sales of this Senate have been dissuaded from food, other agricultural products, medicines heard one pharmaceutical executive or or medical equipment in order to sanction a that view, given the outrageous con- one worker suggest that we should give foreign government for actions or policies duct by terrorist states and facing the in to Qadhafi on Pan Am 103, or the po- that the United States finds objectionable choice of military attack or expressing litical prisoners in Cuba, or terrorism unnecessarily harms innocent populations in our outrage by separating them out of in Syria or Sudan because of a market the targetted country and rarely causes the the international trading community. opportunity—not one. And I don’t be- sanctioned government to alter its actions Sanctions are the better choice. lieve that your farmers feel any dif- or policies. Contrary to the statements of my ferently than my pharmaceutical ex- (2) For the United States as a matter of friend, the Senator from Nebraska, the U.S. policy to deny access to United States ecutives. food, other agricultural products, medicines record is replete that they do succeed. Mr. DODD. Will my colleague yield and medical equipment by innocent men, How many Soviet Jews would have left for a second? We are going to have a women and children in other countries weak- Russia had it not been for Jackson- vote in 10 minutes. I haven’t had a ens the international leadership and moral Vanik? What cooperation would we chance yet. I made opening remarks, authority of the United States. have had from Vietnam in finding POW but I wanted to speak again. (3) Sanctions on the sale or donations of crash sites if it hadn’t been for sanc- Mr. TORRICELLI. I wanted to ask a American food, other agricultural products, tions? Where would North Korea had question, if I could, and then I will medicine or medical equipment needlessly been now in stopping the development harm American farmers and workers em- yield to the Senator from Connecticut. ployed in these sectors by foreclosing mar- of atomic weapons if not for sanctions? In my reading of the Senator’s kets for these United States products. Where would we be in negotiating with amendment, not only would it be lift- (B)(1) EXCLUSION FROM SANCTIONS.—Not- Qadhafi for the killers of Pan Am 103 if ing these restrictions on food, but also withstanding any other provision of law, the not for sanctions? Indeed, would Fidel on pharmaceutical products, including President shall not restrict or otherwise pro- Castro have had the Pope in Havana if medical devices, and including the fi- hibit any exports (including financing) of there had not been sanctions? They are nancing of food; is that accurate? food, other agricultural products (including not always perfect, but they are the Mr. DODD. Yes. fertilizer), medicines or medical equipment Mr. TORRICELLI. Well, let me con- as part of any policy of existing or future better alternative to military action. unilateral economic sanctions imposed My friend Senator DURBIN, the Sen- clude, and then I will allow the Senator against a foreign government. ator from Illinois, asked the rhetorical from Connecticut to end on his amend- (2) EXCEPTIONS.—Section (B)(1) of this sec- question whether or not there would be ment, as is only right and appropriate. tion shall not apply to any regulations or re- an impact on national security. What I don’t know how a Member of this strictions with respect to such products for an easy vote to cast on this floor. But Senate tomorrow morning could call health or safety purposes or during periods what a difficult thing it would be to the families of the victims of Pan Am of domestic shortages of such products. face if tomorrow morning Castro, Sad- 103, who are now suing to get financial (C) The President may retain or impose dam Hussein, and Qadhafi found that reimbursement for the loss of their sanctions covered under (B)(1) if he deter- mines that retaining or imposing such sanc- the sum and the substance of Ameri- loved ones from Qadhafi, and now sug- tions would further U.S. national security ca’s economic boycott on principle gest that we are going to be financing interests. against their regime had been de- food exports to Libya or Cuba. Not (D) EFFECTIVE DATE.—This section shall stroyed. Thirty years of American for- only are we not selling, but we will be take effect one day after the date of enact- eign policy is on the line. Without a financing. ment of this section into law.’’. hearing, without the administration This brings us back to where we were Mr. DODD. Mr. President, I have sat being heard, without an alternative with Saddam Hussein when the gulf here patiently listening to a lot of being offered, the sum and substance of war started. How could we explain to rhetoric associated with this amend- American foreign policy would be any American that, while American ment. taken off the books. soldiers were having to fight in Iraq, Mr. GRAHAM. Will the Senator yield I suggested earlier in a colloquy with Iraqi soldiers were eating food not only for a question? my friend from Florida, Senator made in the United States but financed Mr. DODD. I am happy to yield for a GRAHAM, that I know why it is being by American taxpayers? That would be question. done. I understand the frustration of returned to. Senator GRAHAM and I spe- Mr. GRAHAM. I hope that at some our colleagues from the Middle West. cifically prohibited medical devices be- point someone will explain what that But the suffering of American farmers cause there was evidence that Fidel modification is. But this question re- is addressed by changing American Castro was using medical devices made lates to a different issue. farm policy, not changing American in the United States to torture and in- One of the typical restraints that the foreign policy. These are the poorest terrogate prisoners in Cuba. That is United States has imposed on the sale nations in the world. It is not fair to the sum and substance of what the of food and medicine to suspect coun- the American farmer to say that plum- Senate faces. tries has been that there has to be an meting prices and failing farms are I apologize to the Senator for con- independent source of distribution so going to be answered by ending the em- suming so much time. that the food and medicine will not be, bargo on Cuba, where the average per- Mr. DODD. Mr. President, first of all, as allegedly has occurred in North son makes $300 a year, or the Sudan, or I yield to my colleague from Kansas for Korea, diverted just to feed the soldiers North Korea. These are poor, small na- a modification he wishes to make. and let the civilian population starve. tions, without the ability to buy. If AMENDMENT NO. 3159, AS MODIFIED In light of that, I am concerned with they had the ability to buy farm prod- Mr. ROBERTS. Mr. President, I send the language on line 15, where it states ucts, they would be buying them from to the desk a modification in the best that ‘‘the President shall not restrict Argentina, Australia, or France, or interests of the Senators who have ex- or otherwise prohibit any exports,’’ and other American competitors. But they pressed strong opposition to this legis- then it lists the items. are buying from no one, because they lation. Obviously, they have some addi- Would this mean that the President have nothing. tional concerns that have been ex- could not impose a restriction, such as Let’s at least be honest about the de- pressed. the requirement that, yes, we will pro- bate. This will not add up to one dime The PRESIDING OFFICER. The Sen- vide food and medicine, but in a man- of American farm sales. It is a political ator has a right to modify his amend- ner that will assure that the people for answer for an economic problem. I sus- ment, and the amendment is so modi- whose good we intended it to be uti- pect that the numbers would bear me fied. lized will be fed, will be medicated, not July 15, 1998 CONGRESSIONAL RECORD — SENATE S8225 the elite or those elements of the soci- pointed out, we are a great nation. We by a bipartisan group of us—from the ety that are serving to oppress the peo- are the most powerful nation on the East, in the Midwest, the far West— ple? Would the President be prohibited face of this Earth economically, and this evening, and that it be supported from making those kinds of restric- militarily. We are the envy of the by our colleagues. tions? world politically. And for us on this I yield the floor. Mr. DODD. I thank my colleague for evening to say that this great power Mr. STEVENS addressed the Chair. the question. If I thought for a single still finds it necessary in order to ad- The PRESIDING OFFICER. The Sen- second that anything I might offer in vance its foreign policy interests that ator from Alaska. this amendment would win his support, food and medicine that would go into Mr. STEVENS. Mr. President, it is I would engage it with a higher degree the mouths and bodies of innocent peo- my understanding that the Kerrey of seriousness. ple who live in these dreadful regimes amendment we will have a vote on. Let me ask the Senator from Mis- Obviously, I can be confident that may be the subject of unilateral eco- sissippi. any American President would want to nomic sanctions, I think, is sad. I think it is sad. Mr. COCHRAN. Mr. President, if the make sure that any program we were distinguished Senator will yield, it is endorsing on the sale of food and medi- We who sit here this evening and have full meals—those who oppose our hope, given the fact that only one cine was going to maximize the poten- amendment really has been debated— tial for it to reach the intended con- these policies and never worry about whether or not their child can get an and that is the Dodd amendment up to sumer, and that is the innocent people the point of 8:45 under the order—that in these countries. But let me, if I can, inoculation, or an immunization, whether or not they are ever going to a vote will occur on a motion to table come back to some points that have the Dodd amendment, which will be been made here over the last hour and have food on their table—look in the face of an innocent North Korean child, made by the distinguished chairman of a half or so. the Appropriations Committee. That First of all, we have heard about if you want to, or look in the face of an innocent Cuban child who has to live will take with it, if it is agreed to, the Lockerbie. I take a backseat to no one under Fidel Castro—that child didn’t amendment offered by the Senator in my sense of outrage, nor do any of make that choice. That family didn’t from Kansas in the second degree. my colleagues who support this amend- make that choice. Are we in this great Then, that would be the only vote or- ment, over the grotesque and violent power of ours, the United States of dered to occur right now. We still have shooting down of Pan Am Flight 103 America, saying this evening that we four other amendments that have been that caused such a tremendous loss of will not allow the sale of food or medi- cited as in order to come up tonight: life over Lockerbie, Scotland. cine to help out that child of those The Torricelli amendment, the John- But let me take Libya off the table. countries? I don’t believe that. I don’t son amendment, the Graham amend- There are multilateral sanctions believe that. I think we are bigger, I ment, and the Kerrey amendment. If against Libya. There is nothing in this think we are better than that. the Dodd amendment is tabled, there bill that affects Pan Am Flight 103. I think this debate on sanctions has won’t be a need for the Torricelli And to suggest so is to not have read been healthy. It is beginning to recog- amendment, as I understand it, and the amendment nor to understand the nize the awakening in America that, as that would be withdrawn. sanctions regimen against Libya. It is our colleague from the farm States and Then we think we can work out an multilateral sanctions. This bill is uni- others have pointed out, we need to agreement to accept the Johnson lateral sanctions only on economics. have policies that work—not that amendment, which is the third amend- So to raise the prospect of the trag- make us feel good. This is not about ment, and the Graham amendment on edy over Lockerbie in the face of this press releases. It is not about satisfy- disaster assistance. But we would have amendment is either not to understand ing constituencies here at home. It is to have a vote on the Kerrey amend- what exists in Libya or not to under- about doing something that advances ment. That could occur tonight, or to- stand what this amendment proposes. our legitimate foreign policy interests. morrow, whatever the pleasure of the So Libya is not in play at all. Do we do that by causing injury to our leadership is. Mr. STEVENS. I want the Senate to I point out that many of my col- own people and causing injury to inno- know that when the Leaders arrive, we leagues over the last few days have in- cent people in these countries while will have to discuss the arrangement dicated their own strong feelings on the elite economically and politically on whether or not that vote will occur the subject of the use of food and medi- grow fat on their own dictatorships at tonight. And it will be my hope that it cine as a tool of our sanctions policy the expense of their own people, and we will occur tonight, Mr. President. with unilateral economic sanctions. in our own unwitting way assist them My colleague from Idaho, Senator But, under the circumstances of the in that process? situation now, again in order to facili- CRAIG, quoting him in his remarks of Mr. President, I hope as our col- tate the management of this bill, I the day during the debate on Pakistan leagues come over here—this is not move to table the Dodd amendment, and India, and I quote: ‘‘Cutting our- about endorsing terrorism or excusing which, as I understand, would also selves off through unilateral sanctions Libya in Flight 103, or any other dread- carry with it the second-degree Roberts seldom benefits us as a nation, and al- ful atrocity that a dictator has im- amendment. I reluctantly make that most always hurts the producer. Food posed. It says that with regard to uni- motion, and I ask for the yeas and should never be used as a tool of for- lateral economic sanctions the United eign policy.’’ nays. States of America, at the close of the The PRESIDING OFFICER. Is there a Our colleague from Montana, Senator 20th century and the beginning of the sufficient second? BURNS: ‘‘Let me tell you a little bit 21st, that we take food and medicine There is a sufficient second. about sanctions. I have never been con- with regard to unilateral sanctions off The yeas and nays were ordered. vinced that sanctions on food really the table—we take it off the table—and The PRESIDING OFFICER. The worked.’’ we will advance our cause by building question is on agreeing to the motion Our colleague from Kansas says, who support on the suggestion in the minds of the Senator from Alaska to lay on is the Presiding Officer, if I may in his and hearts of innocent people in these the table the amendment of the Sen- presence quote him in that debate: countries that they overthrow these ator from Connecticut. On this ques- ‘‘Food being used as a tool of foreign very dictators, and we let them know tion, the yeas and nays have been or- policy should never ever occur.’’ this evening that we are not going to dered, and the clerk will call the roll. Senator DORGAN: ‘‘We ought to de- allow our wealth and our technology, The legislative clerk called the roll. cide as Congress right now that sanc- which has produced the largest abun- Mr. FORD. I announce that the Sen- tions do not include food shipments.’’ dance of food and the best medicines in ator from Ohio (Mr. GLENN) and the I can go on. Our colleagues, I think, the world—that if we can get them to Senator from New Mexico (Mr. BINGA- across party lines, across the great these people, we want to see that it MAN) are necessarily absent. spectrum of this country, have come to happens and that we stand for that. The PRESIDING OFFICER. Are there realize that, as my good friend and col- Mr. President, I urge the adoption of any other Senators in the Chamber league from Nebraska so eloquently this amendment which has been offered who desire to vote? S8226 CONGRESSIONAL RECORD — SENATE July 15, 1998 The result was announced—yeas 38, Mr. LOTT. I ask unanimous consent The PRESIDING OFFICER. Is there a nays 60, as follows: that we then go to— sufficient second? [Rollcall Vote No. 203 Leg.] Mr. BYRD. Mr. President, reserving There is a sufficient second. YEAS—38 the right to object, and I will not, of The yeas and nays were ordered. course. The PRESIDING OFFICER. The Sen- Ashcroft Helms McConnell Breaux Hollings Murkowski Mr. LOTT. I am glad, of course, to ator from New Jersey. Bryan Hutchinson Reid yield to the Senator. AMENDMENT NO. 3160 TO AMENDMENT NO. 3158, AS Campbell Inhofe Sessions The PRESIDING OFFICER. The Sen- AMENDED Chafee Kohl Shelby Cochran Kyl Smith (NH) ator from West Virginia. (Purpose: To exclude the application of the Coverdell Landrieu Snowe Mr. BYRD. I apologize to the leader amendment to certain countries) Faircloth Lautenberg Specter for interrupting him. Mr. TORRICELLI. Mr. President, Ford Levin Stevens Mr. LOTT. It is certainly all right, Members of the Senate, we are about to Frist Lieberman Thompson Graham Lott Thurmond Mr. President. cast a vote that we will remember for Gramm Mack Torricelli Mr. BYRD. Have the yeas and nays many years. I know the issue of the Gregg McCain been ordered? day is the farm crisis in the Midwest. NAYS—60 Mr. LOTT. On the Torricelli amend- The answer to that problem is in this ment? I do not believe they have. Abraham Dodd Kerry market, in this Senate, not by chang- Akaka Domenici Leahy Mr. BYRD. Then the leader did not ing a fundamental of American foreign Allard Dorgan Lugar mean to include in his unanimous con- policy. The issue today may be the Baucus Durbin Mikulski sent request that it would be a re- Bennett Enzi Moseley-Braun farm crisis, but last year and the years Biden Feingold Moynihan corded vote. before that, it has been the war against Bond Feinstein Murray Mr. LOTT. That is correct, Mr. Presi- terrorism. Boxer Gorton Nickles dent. My amendment is simple. We have Brownback Grams Reed Mr. BYRD. I thank the Senator. lifted the American embargo against Bumpers Grassley Robb Mr. LOTT. I ask unanimous consent Burns Hagel Roberts selling food and medicine unless—un- Byrd Harkin Rockefeller that it be in order to ask for the yeas less—you are from a country that is Cleland Hatch Roth and nays on the Torricelli amendment. engaged in terrorism against the Coats Hutchison Santorum The PRESIDING OFFICER. Without Collins Inouye Sarbanes United States of America. Conrad Jeffords Smith (OR) objection, it is so ordered. Mr. Qadhafi does not deserve, tomor- Craig Johnson Thomas Mr. LOTT. I ask for the yeas and row morning, to wake up and find out D’Amato Kempthorne Warner nays on the Torricelli amendment. we forgot about Pan Am 103; or Castro, Daschle Kennedy Wellstone The PRESIDING OFFICER. Is there a DeWine Kerrey Wyden with his political prisoners; nor should sufficient second? we end with North Korea our actions NOT VOTING—2 There is a sufficient second. just when we are negotiating the con- Bingaman Glenn The yeas and nays were ordered. trol of atomic weapons. Mr. LOTT. I ask unanimous consent The motion to lay on the table the I know the frustration of my col- that then we proceed to the Kerrey amendment (No. 3158) was rejected. leagues from the Midwest, but these amendment and that there be 10 min- Mr. LOTT addressed the Chair. nations, with per capita incomes of utes of debate equally divided on the The PRESIDING OFFICER. The ma- $100, $200, $300, they are not buying ag- Kerrey amendment. jority leader. ricultural products from anyone in the The PRESIDING OFFICER. Is there Mr. STEVENS. May we have order? world, so they are not going buy them The PRESIDING OFFICER. Let’s objection? Mr. DASCHLE. Mr. President, reserv- from us, because they have no money, have order in the Senate. because they are failing Marxist re- Mr. LOTT. If I can explain what the ing the right to object, I wonder if, since everybody is here, whether we gimes. order will be now. The Chair will put For 30 years, this country has held could limit the vote on the Torricelli the question on the Roberts amend- the line that on human rights and on ment to the Dodd amendment. I pre- amendment to 10 minutes. Mr. LOTT. I think that is an excel- actions of terrorism against our coun- sume that will be accepted by a voice lent request. try we would not deal with them. vote. Then we will go to the Torricelli And I ask unanimous consent that Things are so close, the handful of second-degree amendment, with 2 min- that vote be limited to 10 minutes. Marxist regimes that are left—the utes for him to describe his amend- The PRESIDING OFFICER. Without handful—do not throw them a lifeline. ODD in ment, 2 minutes for Senator D objection, it is so ordered. Can you imagine the frustration to- opposition, and then a vote on that. Mr. LOTT. I believe then we are morrow morning of activists in Cuba Mr. DODD. Will the leader yield? ready to put the question. who are fighting for freedom to find I say, Mr. President, that is not a The PRESIDING OFFICER. The out we have taken the heart out of this second-degree amendment. It is a free- question is on agreeing to the amend- embargo? Make no mistake, this is the standing amendment. ment No. 3159, the Roberts amendment. heart. These countries, from Libya to Mr. LOTT. Freestanding amendment The amendment (No. 3159) as modi- North Korea, to those that are harbor- then. fied, was agreed to. ing assassins in the Sudan, the Mr. TORRICELLI. If the leader would Mr. LOTT addressed the Chair. Hezbollah in Syria, these terrorist na- yield, it is my understanding, from our The PRESIDING OFFICER. The ma- tions, they are not seeking to buy air- conversation, that the Roberts amend- jority leader. planes or high technology. This is all ment would be accepted; and I will, in Mr. LOTT. I would like to make one they would have if they had the re- turn, have a second-degree amendment. more unanimous consent request. I ask sources. Mr. LOTT. That was my understand- unanimous consent that the vote on This is not a message you want to ing. the Kerrey amendment—if ordered, and send. Today it may be the farm crisis. Mr. DODD. If the leader would yield, we get the yeas and nays on that—be But terrorism is not gone from this the Roberts amendment is a second-de- also limited to 10 minutes. Earth. The State Department has told gree amendment. The PRESIDING OFFICER. Without us that there are these nations, these Mr. GRAMM. If it is dealt with, that objection, it is so ordered. six nations, engaged in terrorism clears the tree. Mr. LOTT. I ask unanimous consent against our people. They do not deserve Mr. LOTT. So after 4 minutes of de- that it be in order for me to ask for the an exception. The Senate has done its bate, equally divided, we could go to a yeas and nays on the Kerrey amend- will. It has lifted food and medicine. recorded vote on the Torricelli amend- ment. Just keep this exception on these few ment. I ask unanimous consent that The PRESIDING OFFICER. Without terrorist states. that be the order. objection, it is so ordered. Mr. HELMS. Mr. President, in the The PRESIDING OFFICER. Without Mr. LOTT. I ask for the yeas and rush to end sanctions, I find it incred- objection, it is so ordered. nays on the Kerrey amendment. ible that some of our colleagues appear July 15, 1998 CONGRESSIONAL RECORD — SENATE S8227 willing to forgive and forget the con- tion of the people and, in the mean Nation, as my colleague from Ne- duct of regimes like those in Iran, Iraq, time, provide humanitarian assistance. braska, Senator HAGEL, so eloquently Libya, Cuba, Sudan, and North Korea. But, we should do this without letting said—this great Nation, with its great The inescapable impression is that up the pressure on the tyrants who tor- economic and military power, we ought they are willing—I hope unwittingly— ment their own people. to be able to take food and medicine to cast aside U.S. laws designed to en- Mr. President, in closing, I am per- out of the arsenal of sanctions we use sure that U.S. taxpayers’ money will suaded that it is not and never will be for the very economic elite and politi- not be sent to regimes that proliferate in the interest of the United States of cal elite of these terrorist countries. weapons of mass destruction, or smug- America to relax pressure on govern- They do not suffer for lack of food. gle drugs over our borders, or promote ments that promote terrorism, desta- They do not suffer for lack of medicine. acts of terrorism around the world. bilize regions with their aggression, It is the innocents who live under these More disheartening is an apparent proliferate nuclear weapons tech- regimes who pay the price, and also the willingness to abandon the Cuban peo- nology, and enslave their own people. very farmers of this country who grow ple to the brutality of Fidel Castro. Therefore, I urge that the pending the products who are suffering today as Mr. President, I am pleased that the Torricelli second degree amendment be a result of a farm crisis, denied the op- Majority Leader has taken the initia- approved overwhelmingly. portunity where there are nations who tive to create the Sanctions Task The PRESIDING OFFICER. The Sen- can afford to buy these products who Force, of which I am a member. That ator’s time has expired. pay the price. And we do not change bipartisan group has been tasked with Mr. TORRICELLI. I thank my col- policy in these countries. studying sanctions in a deliberate proc- leagues. With all due respect to my good ess and produce recommendations for The PRESIDING OFFICER. The friend from New Jersey and those who the consideration of the Senate. clerk will report the amendment. would support this amendment, we Rather than wait for that careful re- The assistant legislative clerk read have provided for language here that view, Senator DODD has offered an as follows: would allow for an exception should amendment today that would have the The Senator from New Jersey [Mr. that occasion arise. But let us not undo effect of undermining existing sanc- TORRICELLI] proposes an amendment num- the will that the Senate just expressed tions on rogue states. bered 3160 to amendment No. 3158, as amend- on the underlying amendment to take Mr. President, there should be no ed. food and medicine off the table. Use mistake about Senator DODD’s seeking Mr. TORRICELLI. I ask unanimous whatever other sanctions we will or we to undermine the U.S. embargo of Fidel consent that reading of the amendment might, but food and medicine ought Castro’s regime. So eager is the Sen- be dispensed with. not to be a part of the unilateral eco- ator to achieve this end, that he is The PRESIDING OFFICER. Is there nomic sanctions regime that this coun- willing to blow a hole in all other U.S.- objection? try would seek to impose. supported embargoes as well. That is Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- what the Senator’s amendment would The amendment is as follows: ator’s time has expired. do. At the end of its amendment add the All time has expired. The Senator’s amendment is based on following: Mr. DODD. Mr. President, I move to the mistaken notion that people in Notwithstanding any other provision of table the amendment. I ask for the Cuba go without food and medicine due this section, section B(2) shall read as yeas and nays. to U.S. sanctions. The facts paint a follows: The PRESIDING OFFICER. Is there a very different picture. Cubans have (2) EXCEPTIONS.—Section (B)(1) of this sec- sufficient second? tion shall not apply to any country that— been impoverished by a failed Com- There is a sufficient second. munist economy. Moreover, Castro de- (1) repeatedly provided support for acts of international terrorism, within the meaning The yeas and nays were ordered. nies his own people such necessities as of section 6(j)(1)(A) of the Export Adminis- The PRESIDING OFFICER. The a means of keeping them under his tration Act of 1979 (50 U.S.C. App. question is on agreeing to the motion thumb. But, he makes state-of-the-art 2405(j)(1)(A)); or to lay on the table the amendment No. medical care available to Communist (2) systematically denies access to food, 3160. The yeas and nays have been or- party cronies and foreign tourists who medicine, or medical care to persons on the dered. The clerk will call the roll. provide hard currency to his regime. basis of political beliefs or as a means of co- The assistant legislative clerk called Mr. President, U.S. and multilateral ercion or punishment; or to (3) the roll. sanctions routinely contemplate hu- Mr. NICKLES. I announce that the Mr. DODD. Mr. President, the Senate manitarian needs of the people in these Senator from Vermont (Mr. JEFFORDS) countries. In the case of Cuba, U.S. law has just expressed its will on this issue. is necessarily absent. currently permits the sale of medicines My colleagues, Senator ROBERTS, Sen- Mr. FORD. I announce that the Sen- ator HAGEL, Senator WARNER, Senator and the donation of food and other hu- ator from New Mexico (Mr. BINGAMAN) GRAMS, and Senator DORGAN and I of- manitarian necessities. Indeed, just and the Senator from Ohio (Mr. GLENN) since 1992, Americans have provided fered the amendment and, in fact, in- are necessarily absent. about $2.3 billion in aid directly to the cluded language by Senator ROBERTS The PRESIDING OFFICER. Are there Cuban people. which very specifically allows the any other Senators in the Chamber de- The comprehensive trade embargo on President to retain or impose any of siring to vote? Iran allows for humanitarian donations the above sanctions if he determines The result was announced—yeas 30, to be sent. Even with North Korea, the such sanctions to be in the national in- nays 67, as follows: U.S. has been able to accommodate hu- terest of the United States. [Rollcall Vote No. 204 Leg.] manitarian needs without loosening Our underlying amendment only the restrictions in other areas. deals with unilateral economic sanc- YEAS—30 In Iraq, the food-for-oil agreement al- tions. On any nation where there are Akaka Enzi Mikulski Baucus Grams Moseley-Braun lows humanitarian aid to flow. Our multilateral sanctions, such as Libya Brownback Hagel Moynihan Treasury Department also licenses the and Iraq, this amendment would not Byrd Harkin Reed donation and sale of these items. apply. It is only in those countries Cleland Inouye Roberts The bottom-line is that the Dodd where there are unilateral sanctions Conrad Johnson Rockefeller Daschle Kennedy Sarbanes amendment is not good for the Cuban being imposed. Dodd Kerrey Thomas people or any other country—including Now, it should come as no great sur- Dorgan Leahy Warner our own. Therefore it is imperative prise to my colleagues that the nations Durbin Lugar Wellstone that the Torricelli second degree on whom we impose unilateral sanc- NAYS—67 amendment be approved by the Senate. tions are the very nations that my col- Abraham Biden Bryan In Cuba, as with other countries, league from New Jersey would now like Allard Bond Bumpers there are reasonable, pro-active steps to exempt. What we have been suggest- Ashcroft Boxer Burns that we can take to promote the libera- ing here this evening is that this great Bennett Breaux Campbell S8228 CONGRESSIONAL RECORD — SENATE July 15, 1998 Chafee Hatch Murray Secretary shall require any person or class of ‘‘(h) Engage in any practice or device that Coats Helms Nickles persons engaged in the business of buying, the Secretary by regulation, after consulta- Cochran Hollings Reid selling, or marketing livestock, livestock tion with producers of cattle, lamb, and Collins Hutchinson Robb products, meat, or meat products in an un- Coverdell Hutchison Roth hogs, and other persons in the cattle, lamb, Craig Inhofe Santorum manufactured form to report to the Sec- and hog industries, determines is a detrimen- D’Amato Kempthorne Sessions retary in such manner as the Secretary shall tal noncompetitive practice or device relat- DeWine Kerry Shelby require, such information relating to prices ing to the price or a term of sale for the pro- Domenici Kohl Smith (NH) and the terms of sale for the procurement of curement of livestock or the sale of meat or Faircloth Kyl Smith (OR) livestock, livestock products, meat, or meat other byproduct of slaughter.’’. Feingold Landrieu Snowe products in an unmanufactured form as the (c) PROTECTION OF LIVESTOCK PRODUCERS Feinstein Lautenberg Specter Secretary determines is necessary to carry Ford Levin Stevens AGAINST RETALIATION BY PACKERS.— Frist Lieberman Thompson out this subsection. (1) RETALIATION PROHIBITED.—Section Gorton Lott Thurmond ‘‘(ii) NONCOMPLIANCE.—It shall be unlawful 202(b) of the Packers and Stockyards Act, Graham Mack Torricelli for a person engaged in the business of buy- 1921 (7 U.S.C. 192(b)), is amended— Gramm McCain Wyden ing, selling, or marketing livestock, live- (A) by striking ‘‘or subject’’ and inserting Grassley McConnell stock products, meat, or meat products in an ‘‘subject’’; and Gregg Murkowski unmanufactured form to knowingly fail or (B) by inserting before the semicolon at NOT VOTING—3 refuse to provide to the Secretary informa- the end the following: ‘‘, or retaliate against tion required to be reported under subpara- Bingaman Glenn Jeffords any livestock producer on account of any graph (A). statement made by the producer (whether The motion to lay on the table was ‘‘(iii) CEASE AND DESIST AND CIVIL PEN- made to the Secretary or a law enforcement rejected. ALTY.— agency or in a public forum) regarding an ac- The PRESIDING OFFICER. The ‘‘(I) IN GENERAL.—If the Secretary has rea- tion of any packer’’. son to believe that a person engaged in the question is on agreeing to the second- (2) SPECIAL REQUIREMENTS REGARDING ALLE- business of buying, selling, or marketing degree amendment. GATIONS OF RETALIATION.—Section 203 of the livestock, livestock products, meat, or meat Packers and Stockyards Act, 1921 (7 U.S.C. The amendment (No. 3160) was agreed products in an unmanufactured form is vio- to. 193), is amended by adding at the end the fol- lating the provisions of subparagraph (A) (or lowing: AMENDMENT NO. 3158, AS AMENDED regulation promulgated under subparagraph ‘‘(e) SPECIAL PROCEDURES REGARDING ALLE- (A)), the Secretary after notice and oppor- The PRESIDING OFFICER. The GATIONS OF RETALIATION.— tunity for hearing, may make an order to question is on the first-degree amend- ‘‘(1) CONSIDERATION BY SPECIAL PANEL.— cease and desist from continuing the viola- The President shall appoint a special panel ment, as amended. tion and assess a civil penalty of not more consisting of 3 members to receive and ini- The yeas and nays have been ordered. than $10,000 for each violation. tially consider a complaint submitted by any Mr. DODD. Mr. President, I ask unan- ‘‘(II) CONSIDERATIONS.—In determining the person that alleges prohibited packer retal- imous consent that the yeas and nays amount of a civil penalty to be assessed iation under section 202(b) directed against a be vitiated. under clause (i), the Secretary shall consider livestock producer. The PRESIDING OFFICER. Is there the gravity of the offense, the size of the business involved, and the effect of the pen- ‘‘(2) COMPLAINT; HEARING.—If the panel has objection? reason to believe from the complaint or re- Without objection, it is so ordered. alty on the ability of the person to continue in business. sulting investigation that a packer has vio- The question is on agreeing to the lated or is violating the retaliation prohibi- ‘‘(iv) REFERRAL TO ATTORNEY GENERAL.—If, first-degree amendment, as amended. after expiration of the period for appeal or tion under section 202(b), the panel shall no- The amendment (No. 3158) as amend- after the affirmance of a civil penalty as- tify the Secretary who shall cause a com- ed, was agreed to. sessed under clause (iii), the person against plaint to be issued against the packer, and a hearing conducted, under subsection (a). AMENDMENT NO. 3161 whom the civil penalty is assessed fails to ‘‘(3) EVIDENTIARY STANDARD.—In the case of (Purpose: To ensure the continued viability pay the civil penalty, the Secretary may refer the matter to the Attorney General, a complaint regarding retaliation prohibited of livestock producers and the livestock in- under section 202(b), the Secretary shall find dustry in the United States) who may recover the amount of the civil penalty in a civil action in United States dis- that the packer involved has violated or is Mr. KERREY. Mr. President, I send trict court. violating section 202(b) if the finding is sup- an amendment to the desk and ask for ‘‘(B) VOLUNTARY REPORTING.—The Sec- ported by a preponderance of the evidence.’’. its immediate consideration. retary shall encourage voluntary reporting (3) DAMAGES FOR PRODUCERS SUFFERING RE- The PRESIDING OFFICER. The by persons engaged in the business of buying, TALIATION.—Section 203 of the Packers and clerk will report. selling, or marketing livestock, livestock Stockyards Act, 1921 (7 U.S.C. 193) (as The assistant legislative clerk read products, meats, or meat products in an un- amended by subsection (b)), is amended by adding at the end the following: as follows: manufactured form that are not subjected to a mandatory reporting requirement under ‘‘(f) DAMAGES FOR PRODUCERS SUFFERING The Senator from Nebraska [Mr. KERREY], subparagraph (A). RETALIATION.— for himself, Mr. BURNS, Mr. DASCHLE, Mr. ‘‘(C) AVAILABILITY OF INFORMATION.—The ‘‘(1) IN GENERAL.—If a packer violates the JOHNSON, Mr. CONRAD, Mr. DORGAN, Mr. Secretary shall make information received retaliation prohibition under section 202(b), WELLSTONE, Mr. BAUCUS, and Mr. HARKIN, under this paragraph available to the public the packer shall be liable to the livestock proposes an amendment numbered 3161. only in a form that ensures that— producer injured by the retaliation for not Mr. KERREY. Mr. President, I ask ‘‘(i) the identity of the person submitting a more than 3 times the amount of damages unanimous consent that reading of the report is not disclosed; and sustained as a result of the violation. amendment be dispensed with. ‘‘(ii) the confidentiality of proprietary ‘‘(2) ENFORCEMENT.—The liability may be The PRESIDING OFFICER. Without business information is otherwise protected. enforced either by complaint to the Sec- ‘‘(D) EFFECT ON OTHER LAWS.—Nothing in retary, as provided in subsection (e), or by objection, it is so ordered. suit in any court of competent jurisdiction. The amendment is as follows: this paragraph restricts or modifies the au- thority of the Secretary to collect voluntary ‘‘(3) OTHER REMEDIES.—This subsection On page 67, after line 23 add the following: reports in accordance with other provisions shall not abridge or alter a remedy existing SEC. 7ll. LIVESTOCK INDUSTRY IMPROVEMENT. of law.’’. at common law or by statute. The remedy (a) DOMESTIC MARKET REPORTING.— (2) TECHNICAL AMENDMENT.—Section 203 of provided by this subsection shall be in addi- (1) IN GENERAL.—Section 203(g) of the Agri- the Agricultural Marketing Act of 1946 (7 tion to any other remedy.’’. cultural Marketing Act of 1946 (7 U.S.C. U.S.C. 1622) is amended— (d) REVIEW OF FEDERAL AGRICULTURE CRED- 1622(g)) is amended— (A) by striking ‘‘The Secretary is directed IT POLICIES.— (A) by striking ‘‘(g) To’’ and inserting the and authorized:’’; and The Secretary of Agriculture, in consulta- following: (B) in the first sentence of each of sub- tion with the Secretary of the Treasury, the ‘‘(g) COLLECTION AND DISSEMINATION OF sections (a) through (f) and subsections (h) Chairman of the Board of Governors of the MARKETING INFORMATION.— through (n), by striking ‘‘To’’ and inserting Federal Reserve System, and the Chairman ‘‘(1) IN GENERAL.—The Secretary shall’’; ‘‘The Secretary shall’’. of the Board of the Farm Credit Administra- and (b) PROHIBITION ON NONCOMPETITIVE PRAC- tion, shall establish an interagency working (B) by adding at the end the following: TICES.—Section 202 of the Packers and group to study— ‘‘(2) DOMESTIC MARKET REPORTING.— Stockyards Act, 1921 (7 U.S.C. 192), is amend- (1) the extent to which Federal lending ‘‘(A) MANDATORY REPORTING PILOT PRO- ed— practices and policies have contributed, or GRAM.— (1) in subsection (g), by striking the period are contributing, to market concentration in ‘‘(i) IN GENERAL.—The Secretary shall con- at the end and inserting ‘‘; or’’; and the livestock and dairy sectors of the na- duct a 3-year pilot program under which the (2) by adding at the end the following: tional economy; and July 15, 1998 CONGRESSIONAL RECORD — SENATE S8229 (2) whether Federal policies regarding the matter what you call it—a crisis, a dis- here, and it is more than just a par- financial system of the United States ade- aster, or just plain misfortune—family tisan quibble over whether or not to quately take account of the weather and based agriculture in America is in make changes in a law. price volatility risks inherent in livestock grave danger. And there is no one who At stake is the preservation of family and dairy enterprises. can act to preserve family based agri- based agriculture and whether or not Mr. KERREY. Mr. President, I rise culture but us. The Secretary of Agri- Congress has the good sense and the today to discuss the financial crisis culture cannot do it and the U.S. Trade courage to step in while there is still growing in our rural economy and to Representative cannot do it. If we be- time. For all of our sakes, I hope we do. send an amendment to the desk. lieve in the value of family based agri- Mr. President, this is a very simple Nebraska’s farmers and farm commu- culture, this Congress must act to pre- amendment that authorizes the Sec- nities are confronting a series of serve it ourselves. retary of Agriculture to conduct a 3- events—most of them completely out Under the leadership of Senator year pilot program in mandatory price of their control—that will lead most of DASCHLE, we are bringing a number of reporting so that we can get a true them to lose money this year and may amendments to the floor that will help market in the cattle industry. It has drive a fair share out of business. I farmers regain a measure of profit- been long debated by the Agriculture have been meeting with groups of farm- ability this year. These amendments Committee. I think most Members ers for as long as I have been in the are reasonable and I believe that the have pretty well made up their minds Senate, and the message I hear re- Senate will recognize that they on it. sounding across Nebraska is that the strengthen the existing farm law, rath- I yield to the distinguished Senator situation is very grim. er than weaken it. And I hope that in from Montana. The PRESIDING OFFICER. The Sen- This is a clear case of a situation in a spirit of bipartisanship, we can agree ator from Montana is recognized. which families won’t have a shot at the that if we add these amendments to the American dream if we don’t put the Mr. BURNS. Mr. President, the farm bill we can make it work for our amendment allows the head of the law on their side. farmers. These events are a good reminder of stockyards division to look into a way I am sending one of those amend- to set up mandatory price reporting. why agriculture is such a precarious ments to the desk now. This amend- business to be in. Farmers are entre- Right now, we only have one segment ment would try to improve market of the chain in the cattle market that preneurs who operate small businesses conditions in the livestock industry by that manufacture their product out- is doing any price discovery at all; that mandating reporting requirements. is at the auction market. When cattle doors. And on top of the always risky We have price spreads between retail proposition of dealing with mother na- changes hands in feedlots and packing beef prices and the price paid to pro- houses, these prices are not reported, ture, this year our farmers are dealing ducers that are at record levels. We all with grain and livestock prices at their or they go unreported for a week. We know what happens when the price of cannot make marketing decisions if lowest levels in more than a decade, crude oil goes down—we pay less for land rental prices that have increased you are producing replacement cattle gas at the pump. But although the while doing business like that. I sug- by an average of 37%, a cost of living— price of cattle has dropped precipi- particularly for health insurance—that gest the adoption of this amendment. tously, beef is still the same price if Mr. DASCHLE. Mr. President, I com- keeps going up, even when commodity not higher at the supermarket. That prices keep falling, and a rail transpor- mend the distinguished Senator from defies logic and it says to me that Nebraska and the Senator from Mon- tation problem that will almost cer- something does not work in the cattle tainly leave record bushels of grain on tana for this amendment. market. We have an amendment that We have a very serious situation with the ground across middle America would address that. regard to price transparency. Can you again this year. This amendment will restore trans- imagine going into a store and not And I haven’t even mentioned the parency to livestock markets by man- knowing the price? Can you imagine a event over which farmers have the dating the price reporting of live cattle retailer going into the market and not least control—the economies of foreign and boxed beef. knowing what the prevailing price is? countries. Nebraska sends a third of its The cattle feeding industry is in an What these two Senators are doing is agricultural exports to Asia. Or rather, extended period of sharply negative simply asking that we have a pilot we used to. With more than 60 million feeding margins, with losses of about project to be able to decide if there is people now living on less than a dollar $100 per head. a way by which to better describe a day in Indonesia, those markets in Earlier this year, hog prices sank to prices and a way to bring about price Asia are gone. a 26-year low. transparencies so producers and retail- Many ‘‘experts’’ suggest that the key But at the same time, consumer ers or anybody has a better under- to a profitable farming operation is di- prices at the retail level remain un- standing of what the market is. versification. But when every major changed. If you really believe in a free market, sector of production agriculture is op- Producers are concerned that there is you will support this pilot project be- erating at a loss—from corn to cattle not enough information to determine cause it simply allows the free market to wheat to hogs—my farmers find that fair market prices for livestock, and to do its work. diversification is simply a decision of this price reporting amendment will Mr. President, I am deeply disturbed what to grow that will lose the least. change that. by the number of small to medium- What is most troubling to me about Common sense tells us that complete sized producers going out of business in the financial crisis in rural America is price information is vital to an effi- our states, and by mounting evidence that it comes at a time of unprece- cient market. But the majority of cat- that anti-competitive forces within the dented economic success for the rest of tle are now sold under secret pricing livestock market are contributing to the country. But make no mistake: deals, and those transactions are not this trend of shrinking income. trouble in rural America will not stay recorded in the cash market. This amendment offered by Senator confined to the farm. When Nebraska The lack of transparency in the mar- KERREY will help end the secret live- farmers lose money, Omaha laborers ket creates the potential for exploi- stock deals that are driving small to find themselves with less work and it tation, and we must act to stop that. medium-sized producers out of business will happen on a nationwide scale, too. My democratic colleagues support this in our states, by requiring that they re- Though less so now than in the past, approach and I am optimistic that Re- port the prices they pay for live cattle. the United States remains an agri- publicans can support this amendment, This in turn will assure that the mar- culture-based economy. Agriculture is as well. ket price accurately reflects the real our only sector that runs a trade sur- So I hope that we will come together value of livestock, in other words in- plus. In Nebraska, it accounts for one in a bipartisan way this week and pass creases market transparency. of every four jobs. these measures to help alleviate the fi- In South Dakota, smaller livestock So I come to the floor today to issue nancial crisis occurring in rural Amer- producers are leaving the industry lit- a wake up call to the Senate. It doesn’t ica. For we have a great deal at stake erally by the hundreds. S8230 CONGRESSIONAL RECORD — SENATE July 15, 1998

According to South Dakota State we will pass Senator KERREY’s amend- icy that discriminates against thousands of University, in the past five years South ment. small business owners. Dakota has lost over 1,000 of our small- I hope that on a bipartisan basis we Lugar (R–IN) amendment and the Roberts er cow/calf operators, and over 800 can support this amendment. (R–KS)/Robb (D–VA) amendment would re- quire thorough evaluation of international small feedlots. I yield the floor. trade sanction. International trade sanctions Not only do these losses cripple rural Mr. COCHRAN addressed the Chair. are stifling to beef export sales and the en- communities, they threaten the vital- The PRESIDING OFFICER. The Sen- tire U.S. economy. While sanctions are some- ity of the agriculture industry itself. ator from Mississippi is recognized. times necessary, these measures should un- Small business plays an essential Mr. COCHRAN. Mr. President, with dergo thorough scrutiny to ensure they are role in any market; it is small business some reluctance, I oppose the amend- meeting their intended goals. that can respond most rapidly to ment offered by the distinguished Sen- The nation’s cattle industry opposes the changing consumer demand, and small ator from Nebraska. I do so because the following proposed amendments to S. 2159: business that is most likely to inno- industry is not for this amendment. Daschle (D–SD) amendment dealing with mandatory live cattle price reporting, pack- vate and meet the preferences of niche The National Cattlemen’s Beef Asso- er concentration, and nonemergency haying markets. ciation has written a letter in opposi- and grazing on Conservation Reserve Pro- As packers and feedlots continue to tion to the amendment. And just one gram acreage. These amendments are not merge, as smaller operations go out of word of that letter says the following. fair and equitable to beef producers and business, and as producers face progres- They refer to the Daschle amendment. many of these provisions are counter to our sively fewer markets for their produc- This is the same amendment dealing producers’ policy. tion, we lose an important segment of with mandatory live cattle price re- Bryan/Reid (D–NV) amendment would the industry. porting: eliminate funding for the $90 million Market The result will be a less diverse, less Access Program (MAP). MAP is crucial to These amendments are not fair and equi- maintaining, developing and expanding agri- responsive marketplace. table to beef producers, and many of these cultural export markets. Eliminating this Increasing market transparency is provisions are counter to our producers’ poli- program would be a huge step back for essential to ensuring our producers at cies. American agriculture. least have a chance to compete. I ask unanimous consent that a copy Brownback (R–KS) amendment would seri- I appreciate that USDA publishes of the total letter from the National ously restrict the Agriculture Census. Data voluntarily reported price information, Cattlemen’s Beef Association be print- provided by the Agriculture Census is crucial to farmers and ranchers who need the best but we need to do more. ed in the RECORD. information available to make timely, in- The contract prices that currently There being no objection, the mate- are not reported may have market dis- formed decisions. rial was ordered to be printed in the Leahy (D–VT)/Santorum (R–PA) amend- torting effects because reported cash RECORD, as follows: ment would cap the amount of money avail- prices do not reflect true market condi- NATIONAL CATTLEMEN’S able to the Wetlands Reserve Program and tions. BEEF ASSOCIATION, earmark this savings for the Farmland Pro- Formula pricing, captive supplies, Washington, DC, July 14, 1998. tection Program. and vertical integration all contribute Hon. LARRY E. CRAIG, Daschle (D–SD) loan rate amendment, Bau- to transactions off of the cash market, U.S. Senate, Hart Senate Office Building, cus (D–MT) loan rate amendment and the and severely impede many producers’ Washington, DC. Conrad/Dorgan (D–ND) indemnity payment ability to compete. DEAR SENATOR CRAIG: S. 2159, the Agricul- amendment changes farm bill policies. The This amendment would ensure, on a tural Appropriations bill, will soon be con- National Cattlemen’s Beef Association sidered on the Senate floor. The National strongly opposes any amendment that would test basis, that all livestock prices are Cattlemen’s Beef Association strongly sup- significantly change ‘‘Freedom to Farm’’ reported. ports increasing funding for essential pro- policy. This means producers and feedlots grams such as food safety research and coop- Bennett (R–UT) amendment would prohibit will know that the market price accu- erative extension, emerging animal disease the Commodities Futures Trading Commis- rately reflects the prices being paid in research, the Market Access Program and sion’s (CFTC) ability to regulate over-the- private transactions. the Grazing Lands Conservation Initiative. counter trades and derivatives. CFTC’s abil- This is the way the free market is In addition to these priorities, there are a ity to ensure open and accurate price discov- supposed to work. number of the proposed amendments to this ery is paramount to beef producers. The majority of producers who talk bill that have the potential to affect Ameri- On behalf of over one million beef produc- ca’s cattle producers. The National Cattle- ers from across the country, we appreciate to me about conditions in the industry men’s Beef Association supports the follow- your consideration of these issues that are today simply say they want a fair ing amendments to S. 2159: crucial to America’s cattle industry. If you shake. Johnson (D–SD)/Craig (R–ID) amendment have questions or you would like to discuss They want a chance to work hard to would require labeling of retail meat as ei- any of these issues further, please contact produce a high quality product and to ther U.S. product or imported product. This our office at (202) 347–0228. sell it for a fair price. provision addresses frustrations among U.S. Sincerely, We expect our foreign markets to be producer who question why livestock im- G. CHANDLER KEYS, III, open and fair so that we can compete ported into the U.S. for immediate slaughter Vice President, Public Policy. are marketed as U.S. product. The proposed Mr. COCHRAN. Mr. President, the abroad. Producers absolutely should be language is consistent with U.S. responsibil- able to expect the same of our domestic ities and commitments to the General Agree- American Meat Institute points out in markets. ment on Tariffs and Trade and the North a letter to me that this amendment is Producers and farm organizations American Free Trade Agreement. Consumers not a good idea in a free economy, and have been saying for some time that as demand quality and consistency, and produc- you don’t need a pilot program to learn prices and terms of trade become in- ers are continually working to meet con- that. It does not add information so creasingly limited, there isn’t enough sumer demands. Import labeling will help much as it burdens industry and com- information available to determine the differentiate products in the retail meat case promises legitimate business interests. and increase competition among product In the Department of Agriculture, fair market price for livestock. lines. With labeling, consumers will have the I continue to hear that not only is ability to make more informed purchases. there is opposition to the amendment. complete price information vital to an Hatch (R–UT) amendment would allow for They say that it reports already 75 per- efficient market, but also that it may the interstate shipment and sale of state in- cent or more of the 40 to 50 percent of reduce the potential for exploitative spected meat provided that the state inspec- boxed beef sales that comply with the relationships in the industry. tion process meets or exceeds federal inspec- reporting criteria. The Department es- This is an important, reasonable step tion standards. State-inspected beef, pork timates that more than two-thirds of to take on behalf of our small livestock and poultry are the only food products the live negotiated cattle sales are re- producers. banned from interstate distribution. This ported. provision also provides an additional incen- If we care about small business, if we tive for state inspected meat plants to im- I might conclude by pointing out care about the rural communities they plement Hazard Analysis and Critical Con- that no other segment of agriculture serve, if we care about having a fair trol Point (HACCP) methods. The time is has to undergo mandatory reporting of and open marketplace in agriculture, right for Congress to address this unjust pol- all private business transactions. This July 15, 1998 CONGRESSIONAL RECORD — SENATE S8231 pilot program will only add more bur- exist in any other segment of agriculture. It resents the rank and file rancher, large den on the industry and it com- is not a good idea in a free economy, and you and small, across our Nation. This let- promises legitimate business interests. don’t need a pilot program to learn that. It ter says they oppose the amendment. It I suggest that the amendment should does not add information so much as it bur- is very clearly, very clearly stated. be defeated. dens industry and compromises legitimate We developed a futures market not business interests. As you know, USDA re- Several Senators addressed the porting criteria are designed to enhance the only to look at current but future Chair. reporting of information that is meaningful prices. Most of the livestock industry Mr. COCHRAN. It is my intention to to the market. today effectively operates off of that move to table, but I will withhold the Sincerely, and the market trends. motion to table the Kerrey amendment J. PATRICK BOYLE, Would I like to see more trans- and to ask for the yeas and nays. President, CEO. parency? We all would like to see it. Mr. DASCHLE addressed the Chair. Mr. KERREY addressed the Chair. Does a government system and new The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- government regulations dictating it Democratic leader is recognized. ator from Nebraska is recognized. cause it? The marketplace causes it. Mr. DASCHLE. Mr. President, just so Mr. KERREY. Mr. President, while it But this is a pilot program. Like it or there is no mistake in here, the admin- is true that the packers and many of not, it is new regulations in the proc- istration, the Department of Agri- the processing industry do not like the ess. culture, strongly supports this amend- idea of having to disclose prices and As a former rancher, as a former cat- ment. bidding, you would be hard-pressed to tle feeder, I will tell you this is a new Again, let me remind my colleagues find a single rancher or cattle feeder in set of Government regulations that that this is a pilot project. It is an op- the United States of America who op- may resolve the question for a very portunity to see whether it works. We poses this amendment. This is a pilot small number of operators. But for the want to see the opportunity for price program. It will make the market work industry itself—large, small, packer, transparency. Let us know what the better. There are only three packers in feeder, producer, cow-calf operator— market price produces. Let’s see what America controlling approximately 80 this is not for what they are asking. I the prices are going to be to give and percent of the market today. That is don’t believe it is the effective way to take between processors and producers. why this amendment is needed. do it. I hope you would support a mo- That is what this study is all about. I say to colleagues who want the free tion to table. Mr. LOTT addressed the Chair. market to work and like the market- Mr. COCHRAN addressed the Chair. The PRESIDING OFFICER. The ma- place, go talk to your feeders. Go talk The PRESIDING OFFICER. The Sen- jority leader. ator from Mississippi. Mrs. BOXER. The Senate is not in to the people who are out there ranch- ing right now. They want to know what Mr. COCHRAN. I was going to move order, Mr. President. to table, but I understand the Senator Mr. LOTT. Mr. President, if the man- the prices are in order to get full price discovery so that they are able to know from Montana wishes to speak. ager will withhold for a minute, this Mr. BURNS. Mr. President, I just will be the last vote of the night. We whether or not they are getting the best price for their product. It is true want to make one point. You have hope to take up the Grassley amend- three packers that are handling 85 per- ment the first thing in the morning, that the packing industry and many processors do not like this require- cent of the national cattle that are with the first vote hopefully occurring killed today. And they don’t want to at 10:30, although that has not been ment. But, as I said, again you would be hard-pressed to find a single feed lot report the prices so that the people worked out. This will be the last vote who produce calves and replacement of the night. operator or rancher in America who will not support this change in law. cattle and feed cattle in the feed lots, Mr. COCHRAN addressed the Chair. the individual producers, or a small The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, the packer, can compete with them. It ator from Mississippi. first letter that I read an excerpt from Mr. COCHRAN. Mr. President, I ask was from the American Cattlemen’s doesn’t make sense. We have always re- unanimous consent that a copy of the Association. They represent all the ported those prices. And now, with a letter from the American Meat Insti- beef cattlemen, many of them, lot of packer-owned cattle moving in tute, the letter that I referred to, be throughout the country. there, we get no information at all. Let’s look at this pilot program. printed in the RECORD. Mr. KERREY. Mr. President, that There being no objection, the mate- letter comes on behalf of people who Let’s work with the postmarketing rial was ordered to be printed in the are in the packing industry. I just tell surveillance. We can come up with some way to report these prices so that RECORD, as follows: colleagues that if you have ranchers or feed lot operators in your State, they we know what these cattle are worth AMERICAN MEAT INSTITUTE, all the way back to the ranch. Washington, DC, June 18, 1998. support the change. There is a division I urge the adoption of the amend- Hon. THAD COCHRAN, in this particular association that U.S. Senate, Washington, DC. comes as a consequence of packers ment. DEAR THAD COCHRAN: Some Members who Mr. KERREY addressed the Chair. being a part of this association. I don’t The PRESIDING OFFICER. The Sen- are concerned about USDA-reported market object to the packers at all. I believe prices for meat may offer an amendment to ator from Nebraska. the pending Agriculture, Rural Development, this change will enable them to be Mr. KERREY. Mr. President, I want Food and Drug Administration Appropria- profitable. It doesn’t shut them down to say amen to the Senator from Mon- tions Bill that would establish a pilot pro- at all. It merely says they have no sur- tana. gram on mandatory price reporting. AMI prise when they bid on the cattle in the Mr. COCHRAN. Mr. President, I move strongly opposes such a program. I respect- marketplace. to table the amendment, and ask for fully request that you raise a point of order Mr. COCHRAN addressed the Chair. opposing any attempt to amend the bill with the yeas and nays. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. All time a pilot price-reporting program. ator from Mississippi. As I testified in the June 10 Senate Agri- is yielded. Is there a sufficient second? culture Committee hearing, voluntary re- Mr. COCHRAN. Mr. President, I yield There is a sufficient second. porting by industry currently captures a sig- to the distinguished Senator from The yeas and nays were ordered. nificant share of what is happening in to- Idaho. The PRESIDING OFFICER. The day’s market. On the boxed beef side; for in- Mr. GRAMM. Mr. President, could we question is on agreeing to the motion stance, USDA estimates it reports 75 percent have order. This is a very important of the Senator from Mississippi to lay or more of all boxed beef sales that comply issue for people. on the table the amendment of the with the department’s reporting criteria. A The PRESIDING OFFICER. We will Senator from Nebraska. On this ques- similar reporting situation exists on the live have order in the body. cattle side, where USDA estimates it cap- tion, the yeas and nays have been or- tures and reports on more than two-thirds of The Senator from Idaho. dered, and the clerk will call the roll. all negotiated sales. Mr. CRAIG. Mr. President, the Na- The legislative clerk called the roll. Mandatory reporting of all private busi- tional Cattlemen’s Beef Association Mr. FORD. I announce that the Sen- ness transactions between parties does not does not represent the feeders. It rep- ator from New Mexico (Mr. BINGAMAN) S8232 CONGRESSIONAL RECORD — SENATE July 15, 1998 and the Senator from Ohio (Mr. GLENN) the other list of amendments we will Florida’s unusually wet winter, com- are necessarily absent. do en bloc if there is no objection. bine to fuel the fires that have put the The result was announced—yeas 49, The PRESIDING OFFICER. Without State under a cloud of smoke and nays 49, as follows: objection, it is so ordered. chased nearly 112,000 residents from [Rollcall Vote No. 205 Leg.] The Senator from Florida. their homes, 2,000 of them into emer- YEAS—49 AMENDMENT NO. 3162 gency shelters. Abraham Faircloth McCain (Purpose: To appropriate funds for certain These fires have had severe con- Allard Frist McConnell programs to provide assistance to agricul- sequences. More than 220 homes, busi- Ashcroft Gorton Murkowski tural producers for losses resulting from nesses, or buildings have been de- Bennett Graham Nickles drought or fire) Bond Gramm Roberts stroyed or heavily damaged. Nearly 100 Breaux Gregg Roth Mr. GRAHAM. Mr. President, I send individuals, mostly brave firefighters Brownback Hatch Sessions an amendment to the desk and ask for battling the blazes, have been injured. Campbell Helms Shelby its immediate consideration. A 140-mile stretch of Interstate 95 was Chafee Hutchinson Smith (NH) Coats Hutchison Smith (OR) The PRESIDING OFFICER. The closed for several days. 458,000 acres of Cochran Inhofe Snowe clerk will report. land have burned. Collins Jeffords Specter The legislative clerk read as follows: Florida has sustained almost $300 Coverdell Kempthorne Thompson million in damage. In a step never be- Craig Kyl Thurmond The Senator from Florida [Mr. GRAHAM], D’Amato Lott Warner for himself and Mr. MACK, proposes an fore taken in Florida’s long history DeWine Lugar amendment numbered 3162. with violent weath, every one of the Domenici Mack Mr. COCHRAN. Mr. President, I ask 45,000 residents of Flagler County—a NAYS—49 unanimous consent that reading of the coastal area between Jacksonville and Akaka Ford Mikulski amendment be dispensed with. Daytona Beach—had to be evacuated Baucus Grams Moseley-Braun The PRESIDING OFFICER. Without from their homes over the Independ- Biden Grassley Moynihan objection, it is so ordered. ence Day weekend. Boxer Hagel Murray Bryan Harkin Reed The amendment is as follows: On June 19, 1998, President Clinton Bumpers Hollings Reid On page 29, after line 21, add the following: declared all 67 Florida counties as a Burns Inouye Robb DISASTER ASSISTANCE major disaster area and made them eli- Byrd Johnson Rockefeller gible for immediate federal financial Cleland Kennedy Santorum For necessary expenses to provide assist- Conrad Kerrey Sarbanes ance to agricultural producers in a county assistance. In the weeks that followed Daschle Kerry Stevens with respect to which a disaster or emer- that declaration, FEMA officials skill- Dodd Kohl Thomas gency was declared by the President or the fully coordinated relief efforts and Dorgan Landrieu Torricelli Durbin Lautenberg Wellstone Secretary of Agriculture by July 15, 1998, as worked hard to channel additional aid Enzi Leahy Wyden a result of drought and fire, through— to the hardest hit areas. Feingold Levin (1) the forestry incentives program estab- Both the fires and their original Feinstein Lieberman lished under the Cooperative Forestry As- cause, the extreme drought throughout NOT VOTING—2 sistance Act of 1978 (16 U.S.C. 2101 et seq.), the state, have contributed to a drastic $9,000,000; Bingaman Glenn (2) a livestock indemnity program carried impact on Florida agriculture, particu- The motion to lay on the table the out in accordance with part 1439 of title 7, larly in the North and West areas of amendment (No. 3161) was rejected. Code of Federal Regulations, $300,000; the State. 600,000 acres of summer Mr. DASCHLE. Mr. President, I move (3) the emergency conservation program crops were destroyed or severely dam- to reconsider the vote. authorized under sections 401, 402, and 404 of aged by the drought conditions. Hard- Mr. KERREY. I move to table. the Agricultural Credit Act of 1978 (16 U.S.C. est hit has been corn which has suf- The motion to lay on the table was 2201, 2202, 2204), $2,000,000; and fered a 100 percent low on about 80,000 (4) the disaster reserve assistance program acres and 50 percent yield loss on an- agreed to. established under section 813 of the Agricul- THE PRESIDING OFFICER. The tural Act of 1970 (7 U.S.C. 1427a), $10,000,000; other 20,000 acres. Value of the lost question is on agreeing to the amend- to remain available until expended: Provided, corn crops as of June 22, 1998, was iden- ment. That the entire amount shall be available tified to be $20 million. Cotton, pea- The amendment (No. 3161) was agreed only to the extent that the President sub- nuts, soybeans, and watermelons have to. mits to Congress an official budget request suffered 25 to 30 percent losses. Mr. KERREY. Mr. President, I move for a specific dollar amount that includes At the end of June, virtually none of to reconsider the vote. designation of the entire amount of the re- the $60 million hay crop was harvested, Mr. DASCHLE. I move to lay that quest as an emergency requirement for the causing the potential for a major purposes of the Balanced Budget and Emer- motion on the table. gency Deficit Control Act of 1985 (2 U.S.C. 900 shortage of winter feed even when the The PRESIDING OFFICER. Without et seq.): Provided further, That the entire drought subsides. objection, the yeas and nays are viti- amount of funds necessary to carry out this In the Panhandle area, many of the ated. paragraph is designated by Congress as an 7,000 farmers are facing their third The motion to lay on the table was emergency requirement under section straight year of destructive weather agreed to. 251(b)(2)(A) of the Balanced Budget and conditions after tropical storms and The PRESIDING OFFICER. The Sen- Emergency Deficit Control Act of 1985 (2 hurricanes in 1996 and 1997. In this re- ator from Mississippi. U.S.C. 901(b)(2)(A)). gion alone, farmers have invested more Mr. COCHRAN. Mr. President, the re- Mr. GRAHAM. Mr. President, mem- than $100 million in borrowed money to maining amendments that we have bers of the Senate, today I join my col- plant this year’s crop, only to find identified to complete action on to- league, Senator MACK, in offering an themselves with no prospect of harvest night were the Johnson amendment re- amendment to the Agriculture Appro- at this time. garding meat labeling and the Graham priations bill that will provide much In response to this dire situation, on amendment regarding disaster assist- needed relief to agriculture in the July 9, 1998, Secretary Glickman de- ance. We are prepared to recommend State of Florida in the wake of the ex- clared the state of Florida to be an Ag- that the Senate accept those amend- treme drought and severe wildfires riculture Disaster area, making agri- ments, along with other amendments that have plagued our State in the last culture in Florida eligible for federal that have been cleared by the two man- two months. financial assistance. agers. I am prepared to ask unanimous The fire crisis is the latest example This declaration makes Florida agri- consent that we accept those amend- of our State’s meteorological reversal culture eligible for several Department ments en bloc, those that we have iden- of fortune in 1998. Florida’s hot sum- of Agriculture programs including: tified, and include statements in the mer temperatures are typically accom- (1) the Emergency Loan Program RECORD describing the amendments. panied by afternoon thunderstorms and which provides assistance to family Mr. President, Senator GRAHAM is tropical weather. This year’s heat and farmers, ranchers, and aquaculture op- here. We could do his amendment first. drought, and the lush undergrowth and erators with loans to cover losses re- We are prepared to accept it, and then foliage that sprung up in the wake of sulting from natural disasters. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8233 (2) the Non-Insured Crop Disaster As- specialists estimate a need for 30 mil- have also been affected by various dis- sistance Program (NAP) which pro- lion pounds of roughage a day for Flor- asters. We will work with the adminis- vides assistance to eligible owners of ida cows with only 15 million pounds tration and the House conferees to ad- non-insured crops when a natural dis- per day available from current pasture dress the needs of the areas affected by aster causes a catastrophic loss of pro- production even with welcomed rains these recent disasters and to determine duction; and on part of the state. These producers whether these needs are being met (3) the Emergency Conservation Pro- desperately need assistance in order to through available funds. gram which provides assistance to provide adequate feed grain for their It is my hope that the Department of farmers fro the purpose of performing livestock. Agriculture and the Office of Manage- emergency conservation measures to The state of Florida is fortunate to ment and Budget are assessing the control wind erosion, to rehabilitate have received approximately 170 truck- need for additional funding to meet the farmlands damaged by natural disas- loads of feed that have been donated needs resulting from these most recent ters, and to carry out emergency water from Oregon, Kentucky, Illinois, Vir- disasters and that the President will conservation measures. ginia, Delaware and Maryland, al- soon submit to the Congress requests These programs will provide vital as- though only 82 tons have been deliv- for supplemental funds which are de- sistance to the Florida agriculture ered to producers from South Carolina, termined to be required. community. However, there are some Tennessee, and North Carolina due to THE PRESIDING OFFICER. If there needs of Florida in the wake of this dis- lack of transportation. While this feed be no further debate, the question is on aster that are not addressed by exist- would provide a starting point for re- agreeing to the amendment. ing programs. nourishment of livestock, there are no First, in the area of forestry, we cur- funds available to transport it. The amendment (No. 3162) was agreed rently have almost 500,000 acres that To combat this situation, Senator to. were completely destroyed. To provide MACK and I are introducing in this The PRESIDING OFFICER. The Sen- assistance for reforestation in this type amendment a request for $10,000,000 for ator from Mississippi. of situation, the Department of Agri- the Disaster Relief Assistance Program AMENDMENTS NOS. 3163 THROUGH 3170, EN BLOC culture has created the Forestry Incen- to be used in support of a livestock feed tive Program which authorizes USDA program providing reimbursement for Mr. COCHRAN. Mr. President, the to share up to 65% of the costs of tree feed purchase or transport for over 1.1 Senator from Arkansas and I have re- planting, timber stand improvements, million head of cattle. Prior to 1996, viewed a number of amendments and and related practices on nonindustrial the Emergency Feed Assistance Pro- have agreed to recommend the Senate private forest lands. In the state of gram was the primary user of the accept them. I now ask unanimous con- Florida, there are over 7 million acres DRAP, providing 25,716,113 bushels be- sent the following amendments be con- in this ownership class equal to 49% of tween 1984 and 1996. This program was sidered en bloc, agreed to en bloc, the our state’s timberland. To support this suspended by the 1996 Farm Bill. motions to reconsider be laid upon the need, Senator MACK and I have pro- Finally, we are requesting an addi- table: An amendment of the Senator posed an emergency appropriation of $9 tional $2,000,000 for the Emergency from Georgia, Mr. COVERDELL, on food million to be expended over the next 3 Conservation Program (ECP) in sup- safety research and E. coli; Senators years to spur the rebirth of the Florida port specifically of conservation. For DEWINE and HUTCHISON, a sense of the forests. example, in the state, there are cur- Senate on inhalants; Senators HARKIN Second, in the area of livestock, the rently approximately 390 miles of de- and GRASSLEY on APHIS biocontain- state of Florida is suffering in two stroyed fences in just 3 counties from ment facilities; Senator COCHRAN, a ways. We have had a small number of fires resulting in potentially 12,000 technical correction on conservation livestock deaths and are experiencing a cows roaming outside of home operations; Senators KEMPTHORNE and widespread food shortage due to pasturelands. BAUCUS and others, secondary agri- drought and fire. To compensate live- Mr. President, and fellow members of culture education, with a Kempthorne stock owners for livestock deaths at- Congress: I ask that you give full con- statement for the RECORD; an amend- tributable to the natural disaster, my sideration to this amendment and the ment for Senator BRYAN dealing with colleague and I are requesting an emer- dire needs of agriculture in the state of the Market Access Program report; an- gency appropriation of $300,000 for the Florida as we seek to recover from the other amendment in behalf of Senator Livestock Indemnity Program. Many devastating effects of this year’s GRAHAM of Florida and Senator MACK of you are familiar with this program drought and fire. on the Mediterranean fruit fly; an as it has provided support for livestock Mr. President, unfortunately, the Na- amendment for Senator JOHNSON on casualties in many of your states. This tion and the world are aware of the meat labeling. program will provide benefits in the very severe circumstances through The PRESIDING OFFICER. Is there state of Florida to beef and dairy cat- which Florida has recently suffered and objection? Without objection, the clerk tle, swine, goats, poultry, equine ani- continues, fortunately in a less degree, will report the amendments by num- mals used for the production of food, to suffer, as a result of drought and se- ber. and ostrich. vere wildfires. The purpose of this The legislative clerk read as follows: The need for livestock feed is a long- amendment is to restore various ac- term issue that is affecting 32 counties counts within the U.S. Department of The Senator from Mississippi [Mr. COCH- with approximately 1,073,000 head of Agriculture that are intended to pro- RAN] proposes amendments Nos. 3163 through cattle, with severe problems with ap- vide disaster assistance and makes 3170, en bloc. proximately 750,000 head. In the state that assistance available to those areas The PRESIDING OFFICER. Without of Florida, the majority of dairy and which have been designated, as of July objection, the amendments (Nos. 3163 beef producers grow their own hay on 15, 1998, to be agricultural disaster through 3170), en bloc, are agreed to. individual farms for future use as cat- areas. The amendments (Nos. 3163 through tle feed. The majority of these hays are I urge the adoption of this amend- 3170) agreed to en bloc are as follows: seasonal, with a growing season span- ment on behalf of myself and my col- ning approximately 7 to 8 months. Dur- league, Senator MACK. AMENDMENT NO. 3163 ing the 2–3 months of severe flooding The PRESIDING OFFICER. The Sen- (Purpose: To earmark funding for the food followed by severe drought and subse- ator from Mississippi. safety competitive research program for quent fire, approximately 1.5 million Mr. COCHRAN. Mr. President, the research on E.coli: 0157H7) acres of pastureland has been com- Department of Agriculture advises us On page 14, line 17 before the period, insert pletely destroyed, leaving approxi- that they cannot at this time verify the following: mately 1.1 million cattle with the whether available disaster money has ‘‘: Provided, That of the $2,000,000 made threat of malnutrition leading to de- been depleted. I understand this has available for a food safety competitive re- creased dairy production and sub- been a devastating disaster for Florida search program at least $550,000 shall be standard beef production. Extension and that other areas of the country available for research on E.coli:0157H7. S8234 CONGRESSIONAL RECORD — SENATE July 15, 1998 AMENDMENT NO. 3164 and Plant Health Inspection Service shall spire the young people in our rural (Purpose: To require the Commissioner of enter into a cooperative agreement for con- communities, like Wilder, to continue Food and Drugs to conduct assessments struction of a Federal large animal biosafety in the field of agriculture. Agriculture and take other actions relating to the level-3 containment facility in Iowa’’. is not just about judging the weather transition from use of chlorofluorocarbons AMENDMENT NO. 3166 anymore; the science of agriculture has in metered-dose inhalers, and for other (Purpose: To provide additional funding for become the cutting edge as we con- purposes) conservation operations) tinue to compete against farmers in At the appropriate place in title VII, insert On page 31, line 4, strike ‘‘$638,231,000’’ and countries around the globe. the following: insert in lieu thereof ‘‘$638,664,000’’. ll This amendment provides much need- SEC. . METERED-DOSE INHALERS. AMENDMENT NO. 3167 (a) FINDINGS.—Congress finds that— ed funding to an area that can and will (Purpose: To provide funding for a secondary inspire those young people to continue (1) the Montreal Protocol on Substances agriculture education program, as author- That Deplete the Ozone Layer (referred to in ized by the Federal Agriculture Improve- in farming. The Agriculture Education this section as the ‘‘Montreal Protocol’’) re- ment and Reform Act of 1996) Competitive Grants Program would quires the phaseout of products containing On page 14, line 5, after the semicolon, in- fund a competitive grants program for ozone-depleting substances, including sert ‘‘$1,000,000 for a secondary agriculture school-based agricultural education at chloroflourocarbons; education program (7 U.S.C. 3152(h);’’. the high school and junior college lev- (2) the primary remaining legal use in the On page 14, line 17, strike ‘‘$436,082,000’’ and United States of newly produced els of instruction. The program was au- insert ‘‘$437,082,000.’’ chloroflourocarbons is in metered-dose in- thorized in the 1996 Farm Bill. Com- On page 35, line 7, strike ‘‘$703,601,000’’ and petitive grants targeted to school- halers; insert ‘‘$702,601,000.’’ (3) treatment with metered-dose inhalers is based agricultural education would be the preferred treatment for many patients Mr. KEMPTHORNE. Mr. President, used to enhance curricula, increase with asthma and chronic obstructive pul- many of my colleagues have come to teacher competencies, promote the in- monary disease; this floor today to talk about the state corporation of agriscience and agri- (4) the incidence of asthma and chronic ob- of American agriculture. Simply put, business education into other subject structive pulmonary disease is increasing in we are in a state of emergency. children and is most prevalent among low-in- matter, like science and mathematics, Whether it be low commodity prices, and facilitate joint initiatives between come persons in the United States; lack of export markets or too many (5) the Parties to the Montreal Protocol secondary schools, 2-year postsecond- have called for development of national tran- government restrictions, farmers are ary schools, and 4-year universities. facing catastrophes from every angle. sition strategies to non-chloroflourocarbon Most importantly, the program If we are truly going to take steps to metered-dose inhalers; would encourage young people to pur- fix this problem, and not just use (6) the Commissioner of Food and Drugs sue higher education in the food and published an advance notice of proposed short-term fixes, we must to examine agricultural sciences—something in rulemaking that suggested a tentative and correct the alarming rate at which which this country is currently making framework for how to phase out the use of children are leaving the family farm in a failing grade. metered-dose inhalers that contain pursuit of other occupations. chloroflourocarbons in the Federal Register Wilder, Idaho, is a small town in Mr. President, we must find a way to on March 6, 1997, 62 Fed. Reg. 10242 (referred Idaho known for its fertile soil and ex- keep talented young people like Mike to in this section as the ‘‘proposal’’); and Church in the classroom and on the (7) the medical and patient communities, ceptional growing conditions. Wilder is also the hometown of Idaho’s distin- farm. The agriculture competitive while calling for a formal transition strategy grants program is the first step in that issued by the Food and Drug Administration guished governor, Phil Batt. In fact, by rulemaking, have expressed serious con- Phil still lists his occupation as a direction. This a bipartisan effort. Sen- cerns that the proposal, if implemented farmer and can still be seen driving his ator CRAIG, Senator BAUCUS, Senator without change, could potentially place pickup around the farm periodically. JOHNSON, Senator DORGAN, Senator some patients at risk by causing the removal Wilder is also the home of the Church- THOMAS, and Senator FAIRCLOTH have of metered-dose inhalers containing es—Tom and his son Mike. When Mike all lent their cosponsorship to this chloroflourocarbons from the market before amendment. It is through this biparti- adequate non-chlorofluorocarbon replace- Church turned 18, he left for one of the most prestigious agriculture univer- san spirit that we can begin to bring ments are available. the next generation of farmers back to (b) SENSE OF CONGRESS.—It is the sense of sities in the nation, Texas A&M, with Congress that— the intention of getting his degree in the farm I thank my colleagues for (1) the Food and Drug Administration agriculture economics and eventually joining in supporting my amendment should, in consultation with the Environ- returning to the land that his family to fund the Agricultural Education mental Protection Agency, assess the risks has farmed for generations. Something Competitive Grants Program. and benefits to the environment and to pa- AMENDMENT NO. 3168 tient health of the proposal and any alter- happened to Mike while at A&M, he de- natives; cided that he could not follow in his fa- (Purpose: To require the Secretary of Agri- (2) in conducting such assessments, the ther’s footsteps as a farmer. While culture to submit to Congress a report con- Food and Drug Administration should con- studying agriculture balance sheets, cerning the market access program) sult with patients, physicians, other health Mike realized it was becoming more On page 67, after line 23, add the following: care providers, manufacturers of metered- and more difficult for farmers across SEC. 7. REPORT ON MARKET ACCESS PROGRAM. dose inhalers, and other interested parties; the country to break even, much less (a) IN GENERAL.—Not later than 180 days (3) using the results of these assessments make a profit on their family farm. after the date of enactment of this Act, the and the information contained in the com- Secretary of Agriculture, in consultation ments FDA has received on the proposal the It’s not that Mike didn’t want to with the Comptroller General of the United Food and Drug Administration should farm, the fact is he had worked on the States, shall submit to the committees of promptly issue a rule ensuring that a range farm since he was a young boy. Mike Congress specified in subsection (c) a report of non-chloroflourocarbon metered-dose in- felt that the future was bleak in farm- that, as determined by the Secretary— haler alternatives is available for users, ing and had witnessed the struggles (1)(A) analyzes the costs and benefits of comparable to existing treatments in terms that Idaho farmers faced every day on programs carried out under that section in of safety, efficacy, and other appropriate pa- the family farm. It was based on these compliance with the cost-benefit analysis rameters necessary to meet patient needs, realizations that Mike decided there guidelines established by the Office of Man- which rule should not be based on a thera- agement and Budget in Circular A–94, dated peutic class phaseout approach; and was more of a future in speculating the October 29, 1992; and (4) the Food and Drug Administration paper commodities as a stockbroker should issue a proposed rule described in than growing the actual commodities (B) in any macroeconomic studies, treats paragraph (3) not later than May 1, 1999. as a farmer. Twenty or thirty years ago resources in the United States as if the re- sources were likely to be fully employed; AMENDMENT NO. 3165 it was understood that a son, or some- (2) considers all potential costs and bene- (Purpose: To provide for the construction of times a daughter, would take over the fits of the programs carried out under that a Federal animal biosafety level-3 contain- family farm. This is no longer the case. section, specifically noting potential distor- ment center) If we are going to save the American tions in the economy that could lower na- On page 20, line 7, strike ‘‘expended’’ and family farm, we must start with the tional output of goods and services and em- insert: ‘‘expended: Provided, That the Animal children who live on it. We must in- ployment; July 15, 1998 CONGRESSIONAL RECORD — SENATE S8235 (3) estimates the impact of programs car- Unless fully eradicated, the medfly ‘‘(aa) IMPORTED BEEF.—The term ‘imported ried out under that section on the agricul- has the potential to cause hundreds of beef’ means any beef, including any fresh tural sector and on consumers and other sec- millions of dollars in damage to Flor- muscle cuts, ground meat, trimmings, and tors of the economy in the United States; ida fruit and vegetable crops. In addi- beef in another meat food product, that is (4) considers costs and benefits of oper- not United States beef, whether or not the ations relating to alternative uses of the tion, medfly infestation provides our beef is graded with a quality grade issued by budget for the programs under that section; trading partners with a convenient rea- the Secretary. (5)(A) analyzes the relation between the son to deny the entry of Florida fresh ‘‘(bb) IMPORTED LAMB.—The term ‘imported priorities and spending levels of programs fruits and vegetables into their coun- lamb’ means any lamb, including any fresh carried out under that section and the pri- try. Florida’s growers have spent a muscle cuts, ground meat, trimmings, and vately funded market promotion activities considerable amount of time and lamb in another meat food product, that is undertaken by participants in the programs; money in their efforts to gain access to not United States lamb, whether or not the and important markets, like Mexico. Each lamb is graded with a quality grade issued by (B) evaluates the spending additionality time medflies are discovered in Flor- the Secretary. for participants resulting from the program. ‘‘(cc) UNITED STATES BEEF.— ida, growers are forced to take a giant (6) conducts an analysis of the amount of ‘‘(1) IN GENERAL.—The term ‘United States export additionality for activities financed step backwards in their markets access beef’ means beef produced from cattle under programs carried out under that sec- efforts. slaughtered in the United States. tion in sponsored countries, controlling for The eradication efforts themselves, ‘‘(2) EXCLUSIONS.—The term ‘United States relevant variables, including— through ground or aerial spraying and beef’ does not include— (A) information on the levels of private ex- the release of sterile medflies, are also ‘‘(A) beef produced from cattle imported penditures for promotion; expensive, costing the State of Florida into the United States in sealed trucks for (B) government promotion by competitor and the federal government over $20 slaughter; nations; ‘‘(B) beef produced from imported car- (C) changes in foreign and domestic supply million last year. The funds provided by this amend- casses; conditions; ‘‘(C) imported beef trimmings; or (D) changes in exchange rates; and ment will enhance APHIS’s efforts to ‘‘(D) imported boxed beef. (E) the effect of ongoing trade liberaliza- exclude and detect the medfly. Funds ‘‘(dd) UNITED STATES LAMB.— tion; will be utilized to increase trapping ‘‘(1) IN GENERAL.—The term ‘United States (7) provides an evaluation of the sustain- and detection activities, particularly lamb’ means lamb, except mutton, produced ability of promotional effort in sponsored re- from sheep slaughtered in the United States. sults for recipients in the absence of govern- in urban areas and near ports-of-entry, ‘‘(2) EXCLUSIONS.—The term ‘United States ment subsidies. where the introduction of this pest is lamb’ does not include— (b) EVALUATION BY COMPTROLLER GEN- most likely. Increasing funds for this ‘‘(A) lamb produced from sheep imported ERAL.—The Comptroller General of the program will also help to reassure our into the United States in sealed trucks for United States submit an evaluation of the trading partners that the U.S. is com- slaughter; report to the committees specified in sub- mitted to medfly control, and will ‘‘(B) lamb produced from an imported car- section (c). deter them from restricting the entry cass; (c) COMMITTEES OF CONGRESS.—The com- mittees of Congress referred to in subsection of citrus products and other important ‘‘(C) imported lamb trimmings; or (a) are— agricultural exports. ‘‘(D) imported boxed lamb.’’. (1) the Committee on Agriculture of the In conclusion, I would like to make it SEC. 802. LABELING OF IMPORTED MEAT AND House of Representatives and the Committee very clear that this is only the first MEAT FOOD PRODUCTS. on Agriculture, Nutrition, and Forestry of step in a more comprensive strategy to (a) LABELING REQUIREMENT.— the Senate; and address this critical problem. Because (1) IN GENERAL.—Section 1(n) of the Fed- (2) the Committee on Appropriations of the medflies commonly enter the United eral Meat Inspection Act (21 U.S.C. 601(n)) is amended by adding at the end the following: House of Representatives and the Committee States via larval-infested fruit carried on Appropriations of the Senate. ‘‘(13)(A) If it is imported beef or imported through ports-of-entry by travelers or AMENDMENT NO. 3169 lamb offered for retail sale as fresh muscle by commercial fruit smugglers, I have cuts of beef or lamb and is not accompanied (Purpose: To provide additional funding for asked the Department of Agriculture by labeling that identifies it as imported fruit fly exclusion and detection, with an to undertake an immediate review of beef or imported lamb. offset) their inspection procedures at Florida ‘‘(B) If it is United States beef or United On page 19, line 10, before the period, insert ports-of-entry, in order to evaluate the States lamb offered for retail sale, or offered the following: ‘‘: Provided further, That, of effectiveness of the inspection process. and intended for export as fresh muscle cuts the amounts made available under this head- of beef or lamb, and is not accompanied by ing, not less than $22,970,000 shall be used for The Department of Agriculture has in- labeling that identifies it as United States fruit fly exclusion and detection’’. dicated that this review will be com- beef or United States lamb. On page 19, line 23, strike ‘‘$95,000,000’’ and pleted within the next three to four ‘‘(C) If it is United States or imported insert ‘‘$93,000,000’’. months. The results of the review will ground beef or other processed beef or lamb Mr. GRAHAM. Mr. President, this provide us with a roadmap for future product and is not accompanied by labeling amendment will increase by $2 million actions, including the appropriate that identifies it as United States beef or the funds available to the Animal and funding levels for a fully effective in- United States lamb, imported beef or im- Plant Health Inspection Service in spection program. I look forward to ported lamb, beef blended with imported meat or lamb blended with imported meat, their battle against the Mediterranean working closely with the Chairman and or other designation that identifies the per- Fruit Fly, or medfly. I am, unfortu- Ranking member to find a more perma- centage content of United States beef and nately, all too familiar with the devas- nent solution to this critical problem. imported beef United States lamb and im- tation caused by these tiny pests, and I On page 67, after line 23 add the following: ported lamb or contained in the product, as am particularly concerned this year, TITLE VIII—MEAT LABELING determined by the Secretary under section because Florida has experienced an un- SEC. 801. DEFINITIONS. 7(g).’’. usual number of medfly infestations. Section 1 of the Federal Meat Inspection (2) CONFORMING AMENDMENT.—Section 20(a) In the past, medflies have caused sig- Act (21 U.S.C. 601) is amended by adding at of the Federal Meat Inspection Act (21 U.S.C. 620(a)) is amended by adding at the end the nificant damage to Florida fruit and the end the following: ‘‘(w) BEEF.—The term ‘beef’’ means meat following: ‘‘All imported beef or imported vegetable crops. This year’s infestation produced from cattle (including veal). lamb offered for retail sale as fresh muscle is particularly troubling, because it ‘‘(x) LAMB.—The term ‘lamb’ means meat, cuts of beef or lamb shall be plainly and con- has occurred in the heart of Florida’s other than mutton, produced from sheep. spicuously marked, labeled, or otherwise citrus and tomato growing country. In ‘‘(y) BEEF BLENDED WITH IMPORTED MEAT.— identified as imported beef or imported Lake County, over 1,300 medflies have The term ‘beef blended with imported meat’ lamb.’’. been detected since the end of April. In means ground beef, or beef in another meat (b) GROUND OR PROCESSED BEEF AND Manatee County, over 550 medflies food product that contains United States LAMB.—Section 7 of the Federal Meat Inspec- have been detected since the first find beef and any imported meat. tion Act (21 U.S.C. 607) is amended by adding ‘‘(z) LAMB BLENDED WITH IMPORTED MEAT.— at the end the following: in mid-May. In fact, just last week, a The term ‘lamb blended with imported meat’ ‘‘(g) GROUND OR PROCESSED BEEF AND medfly was discovered in Highlands means ground meat, or lamb in another meat LAMB.— County, and as of today, over 100 new food product, that contains United States ‘‘(1) VOLUNTARY LABELING.—Subject to flies have been detected in this area. lamb and any imported meat. paragraph (2), the Secretary shall provide by S8236 CONGRESSIONAL RECORD — SENATE July 15, 1998 regulation for the voluntary labeling or iden- and has worked to delay the market Mr. COCHRAN. Mr. President, I sug- tification of ground beef or lamb, other proc- availability of new and improved prod- gest the absence of a quorum. essed beef or lamb products as United States ucts. As a result, many companies have The PRESIDING OFFICER. The beef or United States lamb, imported beef or chosen simply not to bring new prod- clerk will call the roll. imported lamb, beef blended with imported The assistant legislative clerk pro- meat or lamb blended with imported meat, ucts to market, thus depriving the pub- lic of improvements in products and ceeded to call the roll. or other designation that identifies the per- Mr. BUMPERS. Mr. President, I ask centage content of United States and im- technology. ported beef or imported lamb contained in In order to address this concern, a unanimous consent that the order for the product, as determined by the Secretary. provision was included in FDAMA the quorum call be rescinded. ‘‘(2) MANDATORY LABELING.— which requires the FDA to establish a The PRESIDING OFFICER. Without ‘‘(A) IN GENERAL.—Except as provided in new and expedited new product notifi- objection, it is so ordered. subparagraph (B), not later than 18 months cation and review process that will f after the date of enactment of this sub- substantially improve the situation for CONGRESS NEEDS TO ACT ON section, the Secretary shall provide by regu- manufacturers of indirect food addi- lation for the mandatory labeling or identi- ENCRYPTION LEGISLATION tives and thus the consumers of pack- fication of ground beef or lamb, other proc- Mr. LOTT. Mr. President, I rise to essed beef or lamb products as United States aged food products. However, under section 309 of FDAMA, the provision commend the continuing efforts of beef or United States lamb, imported beef or America’s computer industry to find a imported lamb, beef blended with imported will only become effective if the FDA meat or lamb blended with imported meat, receives an appropriation of $1.5 mil- technical solution to the encryption or other designation that identifies the per- lion for FY 1999. Subject to this new issue. On Monday, July 13, a consor- centage content of United States and im- appropriation, FDA would be required tium of thirteen high-tech companies ported beef or imported lamb contained in to set the program in motion by April announced an alternative to the Ad- the product, as determined by the Secretary. 1, 1999. ministration’s proposed key escrow/ ‘‘(B) APPLICATION.—Subparagraph (A) shall I am aware that the House mark does third party access system. As you will not apply to the extent the Secretary deter- recall, many computer and security ex- mines that the costs associated with labeling include funding for the indirect food additive pre-market notification pro- ports have stated that key escrow under subparagraph (A) would result in an would be an invasion of privacy, tech- unreasonable burden on producers, proc- gram, but at a level of $500,000. While essors, retailers, or consumers.’’. this certainly indicates the intention nically unworkable, and cost prohibi- (c) GROUND BEEF AND GROUND LAMB LABEL- and willingness of the House to fund tive. Unlike the key recovery system ad- ING STUDY.— the program, unfortunately the vocated by the Administration, indus- (1) IN GENERAL.—The Secretary of Agri- amount is not sufficient to meet the culture shall conduct a study of the effects try’s ‘‘private doorbells’’ approach of the mandatory use of imported, blended, specific requirements of FDAMA. I am extremely mindful of the tight would not require sensitive encryption or percentage content labeling on ground keys to be escrowed with third parties beef, ground lamb, and other processed beef allocation under which S. 2159 was crafted, and I recognize that it was not in order for law enforcement to gain or lamb products made from imported beef access to computer messages. Instead, or imported lamb. an easy task to bring this bill forward the FBI and other federal, state, and (2) COSTS AND RESPONSES.—The study shall today. I am very grateful for the Sub- local agencies would be able to combat be designed to evaluate the costs associated committee’s efforts under the leader- crime by being provided with court ap- with and consumer response toward the man- ship of Chairman COCHRAN. At the proved, real-time access to commu- datory use of labeling described in paragraph same time, I hope the Chairman will (1). niques at the point where they are sent agree with me that funding of this im- (3) REPORT.—Not later than 1 year after or at the point where the message is re- portant FDA reform is critically im- the date of enactment of this Act, the Sec- ceived. Clearly, high-tech executives portant and that the conferees will try retary shall report the findings of the study have not been sitting on the sidelines to work this out so that the new pro- conducted under paragraph (1) to the Com- as the encryption debate continues. As mittee on Agriculture of the House of Rep- gram can be implemented next year. this announcement indicates, the com- resentatives and the Committee on Agri- Mr. COCHRAN: The Committee was puter industry is working hard to find culture, Nutrition, and Forestry of the Sen- mindful of this problem, and, in fact, a balanced solution that ensures the ate. included report language indicating its needs of our law enforcement and na- SEC. 803. REGULATIONS. awareness of the need to implement tional security communities while Not later than 120 days after the date of the premarket notification provisions enactment of this Act, the Secretary of Agri- maintaining privacy protections for all in order to spur innovation of new and culture shall promulgate final regulations to U.S. citizens. We owe it to them, and to improved food packaging materials. As carry out the amendments made by this all Americans, to find a balanced legis- you said, we are operating under a very title. lative solution to encryption. Mr. COCHRAN. Mr. President, I move tight allocation, but we will do our Mr. LEAHY. Mr. President, I would to reconsider the vote by which the best to try to work this out. also like to applaud the computer in- amendments were agreed to. Mr. COCHRAN. Mr. President, I sug- dustry’s efforts to find alternative Mr. BUMPERS. I move to lay that gest the absence of a quorum. technical solutions to help law enforce- The PRESIDING OFFICER. The motion on the table. ment with the challenge of encrypted The motion to lay on the table was clerk will call the roll. The legislative clerk proceeded to data and communications without the agreed to. call the roll. need to establish a government-man- Mr. HATCH. Mr. President, as I am Mr. COCHRAN. Mr. President, I ask dated key escrow or key recovery sure my distinguished colleague, the unanimous consent that the order for scheme. With the appropriate privacy Chairman of the Subcommittee, is the quorum call be rescinded. safeguards in place, as outlined in the aware, the Food and Drug Administra- The PRESIDING OFFICER (Mr. E-PRIVACY bill, S.2067, the solution tion Modernization Act (FDAMA) in- DEWINE). Without objection, it is so or- that the companies are proposing ap- cluded a significant provision related dered. pears encouraging. American compa- to FDA’s review and approval of indi- The Senator from Mississippi. nies are desperate for a common sense rect food additives. For the benefit of f approach to our export policy on my colleagues, these are products that encryption. As you are well aware, the are used for containers, wrappings and MORNING BUSINESS Administration, starting with Clipper packaging of food products. Mr. COCHRAN. Mr. President, I ask Chip, has been wedded to key escrow To ensure the safety of indirect food unanimous consent that there now be a schemes to ensure that the FBI can get additives, these materials that touch period for the transaction of routine access to plaintext, or unscrambled or contain food, the Food and Drug Ad- morning business, with Senators per- electronic data. This path has been ministration (FDA) must receive safety mitted to speak for up to 10 minutes pursued despite the serious questions data submitted by the manufacturer. each. that experts have raised about the Often, FDA’s process of evaluating The PRESIDING OFFICER. Without costs, privacy risks and lack of con- these data has been extremely lengthy objection, it is so ordered. sumer interest in such schemes. As July 15, 1998 CONGRESSIONAL RECORD — SENATE S8237 U.S. companies watch their market The financial institutions announce- an essential feature of electronic com- share for computer hardware and soft- ment confirms what many in Congress merce. The use of digital signatures ware products erode because of our have been saying for some time: users raises complex business and privacy country’s outdated export controls on of electronic commerce will be best issues, but these issues are completely encryption, it is imperative that the served by providing relief from current separate from the questions raised by Administration direct the FBI to con- export control regulations. Allowing encryption used for confidentiality. sider creative alternatives to key es- advanced encryption to be exported en- There is a great deal of ongoing activ- crow. sures that sensitive data is protected ity in the private sector and at the Mr. CRAIG. The recent announce- while helping American companies state level attempting to sort out these ment by several leading companies in compete globally. Individual consum- complex issues of business use and con- the computer industry makes it clear ers, as well as multinational financial sumer protection. Federal digital sig- that, in addressing both economic and institutions, will not buy and will not nature legislation is clearly needed, law enforcement concerns, it is impor- use encryption systems when govern- but should be dealt with separately tant to find a balance between the two. ment mandated recovery keys for these from encryption reform legislation. We must create legislation that ad- products are provided to third parties. Mr. ASCHROFT. As in everything re- dresses consumer demand for encrypted This system, as many experts have re- garding the topic of encryption, we products while also meeting the needs ported, creates a host of security risks, face some decisions and difficulties. Some would like to weigh down the al- of law enforcement—legislation that making our online communications ready contentious issue of encryption fosters a global marketplace domi- vulnerable to attack by thieves, hack- with other unrelated issues, such as nated by U.S. encryption products. ers and other criminals. Those products, of course, will be a Mr. CRAIG. From an economic stand- digital signatures. Now, at first blush, many may believe that these two great benefit to our national security. point, foreign companies are winning issues are fundamentally tied, or that Mr. BURNS. Industry’s plan to allow an increasing number of contracts be- one necessarily raises the other. How- law enforcement access to the cause consumers are unwilling to buy ever, this is not true. While digital sig- plaintext of some encrypted commu- products that ensure third party access nature products may use some sort of nications demonstrates that market or require that keys be stored with encryption, they are not encryption. solutions can truly address many areas government certified or operated facili- The potential debate on federal level of law enforcement’s concerns with ties. This is particularly true since digital signature legislation is a wor- encryption. At the same time, we they can buy stronger encryption over- thy debate, the nuances of what poten- should not forget that there is a con- seas from either foreign-owned compa- tial legislation may look like are tinuing need for legislative privacy nies or American owned companies on many, and the differences in arguments protections governing how and when foreign soil. We must act quickly and regarding digital signatures and law enforcement should have access to prudently in addressing this problem. encryption are great. encrypted data. Mr. ASHCROFT. Mr. President, for Mr. LEAHY. These are important Mr. LEAHY. I agree, the announce- several years we have debated, argued issues that can and should be addressed ment by the high-tech companies of al- and discussed the real economic impact separately from the immediate need ternative means of access to plaintext of continuing to follow the Administra- for encryption legislation that protects to encrypted data demonstrates indus- tion’s wrong-headed policy on privacy and confidentiality. try’s commitment to find solutions encryption. In addition to the Adminis- Mr. ASHCROFT. I have heard that that accommodate law enforcement in- tration, several members of Congress some object to even allowing for terests. It also reiterates the need for on both sides of the aisle have refused encryption and digital signature legis- privacy protection legislation to en- to consider many of the facts of lation to reside in different pieces of sure that law enforcement only gets encryption technology and the impor- legislation, even if both were brought such access with a proper court order. tance of the technology sector to our to the floor. They express their concern The E-PRIVACY bill, S. 2067, which I robust economy. After all these years, that without the inclusion of digital have sponsored with Senator we have an historical opportunity to signatures that public networks cannot ASHCROFT, and others, would provide debate encryption on the floor of the be adequately secure. This argument that privacy protection. U.S. Senate. gives me great pause, mainly because Mr. BURNS. Yes, these recent devel- Mr. CRAIG. I agree. With the rapid it demonstrates a fundamental mis- opments continue to highlight the des- expansion of the ‘‘super highway’’ and conception of a digital signature. A perate need for a change in U.S. Internet commerce, it is crucial we digital signature does not secure the encryption policy. Last week the Ad- bring encryption legislation to the network but rather secures the signa- ministration announced it would make forefront. A secure, private and trusted ture. Applying the same logic to the exceptions in encryption export policy national global information infrastruc- analog world would dictate that con- allowing banks and certain financial ture is essential to promote citizens’ tracts could not be written until we institutions to export strong privacy and economic growth. could adequately solve for the poten- encryption, without vulnerable key re- Mr. LEAHY. Encryption technology tial of forgeries. Obviously, we have covery systems, to their subsidiaries in is not only a critical tool for protect- not taken this approach yet individuals a select group of 40 countries. This is a ing the confidentiality of our online enter into millions of contracts every welcome development for those compa- communications and the privacy of our year. nies that will qualify for this narrow stored electronic information, it is also Mr. LEAHY. While digital signature exception but it does not provide the the building block for digital signa- legislation at the Federal level may same protection of online privacy for tures. The future of electronic com- help encourage the development of on- everyday Americans. merce requires that parties conducting line commercial transaction rules, we Mr. LOTT. Americans want and need business online be able to trust the au- must be careful not to stifle the devel- strong encryption to protect their thenticity of the contracts they enter opment of efficient and inexpensive most sensitive data and communica- and that the parties with whom they digital signature services by pre- tions from unauthorized access. Yet are dealing are who they say they are. maturely regulating —or granting Fed- the Administration continues to pur- In fact, a number of States, including eral agencies unfettered authority to sue an encryption policy that limits my own State of Vermont, are making regulate—in this area. We must par- exports, requires key recovery progress on crafting the rules for digi- ticularly avoid creating a federal sys- backdoors for law enforcement, and ul- tal signatures and online commercial tem for digital signatures that will be- timately stifles American innovation. transactions. come the national i.d. card for cyber- Instead of keeping technology out of Mr. BURNS. Encryption is also an es- space. The Administration in its the hands of criminals, continuing ex- sential part of new ‘‘digital signature’’ ‘‘Framework for Global Electronic port controls will only ensure that U.S. techniques used to identify parties and Commerce’’ got it right when it said citizens have less protection than other authenticate transactions online. that ‘‘participants in the market- computer users throughout the globe. These techniques are widely viewed as place—including consumers, business, S8238 CONGRESSIONAL RECORD — SENATE July 15, 1998 financial institutions, and on-line serv- While the Committee recognizes the that will ensure the privacy rights of ice providers—should define and articu- commercial interest in easing or re- individuals while protecting America’s late most of the rules that will govern moving export restrictions, it believes public safety, economic, and national electronic commerce.’’ the safety of our citizens and armed security interests. Mr. ASHCROFT. All that said, forces should be the predominant con- Mr. BURNS. I commend the Majority encryption and digital signatures do cern when considering U.S. policy to- Leader and Senators LEAHY, CRAIG, not and should not be joined in the wards the export of any product. The ASHCROFT, ABRAHAM, and SHELBY for same legislation. The opportunity we Committee supports the continued con- their continuing hard work and vision have before us is to bring the trol of encryption products, and be- on these difficult but critical issues. I encryption debate into the open and to lieves that a comprehensive strategy hope we will be able to move forward pass legislation that adequately ad- on encryption export policy can be de- legislatively on both encryption reform dresses the concerns of law enforce- veloped that addresses national secu- and digital signatures this session. ment, national security, privacy, and rity concerns as well as the promotion f system security. of American commercial interests HAPPY BIRTHDAY, MAX FISHER Mr. ABRAHAM. At the same time, abroad. we have the opportunity to affect real I look forward to working with Sen- Mr. LOTT. Mr. President, I am al- growth in digital signature tech- ator LOTT and others as legislation ways reluctant to add another national nologies by addressing digital signa- moves through the Senate. holiday to our calendar, but were we to ture as a separate piece of legislation Mr. ASHCROFT. The bottom line to do so, then July 15 would be a good bet. during this Congress. We should not all of this is that we can move For today is Max Fisher’s birthday. allow differences in encryption policy encryption legislation in this Congress, In fact, it is his 90th birthday. But to stifle innovation and improvements with the support of the majority lead- longevity, important as it is, is the in this exciting technology. Digital sig- er. To hold up this progress works least of his accomplishments. nature is crucial to ensuring the con- against national security, works Many of our colleagues, from both tinued dynamic growth of electronic against support of our law enforcement sides of the aisle, know Max very well. commerce in this country. Many in and erodes individual’s privacy protec- He has long been one of the most Congress recognize this, industry rec- tions. We should all diligently work to prominent and influential leaders in ognizes this, and the Administration craft an encryption bill that can come the American Jewish community. agrees. to the floor this session. He has advised every Republican Mr. CRAIG. In order to pass legisla- Mr. LOTT. I agree with my col- President since Richard Nixon. He has tion in a timely manner it is important leagues. While I strongly support the advised every Israeli Prime Minister that it be in a clean bill with only the passage of legislation on both since Golda Meir. He was a critical most essential language related to encryption and on digital signatures, I force behind the airlift that helped encryption; language that seeks to pro- am convinced that the best approach save Israel in the darkest days of the tect individual privacy, while at the during this session is to deal with these 1973 Yom Kippur War. same time addressing national security matters in separate bills. Let me say The great work of his life has been and law enforcement concerns. again, that in order to pass legislation building bridges between Israel and the Mr. SHELBY. Mr. President, I rise on both of these issues during this Con- United States. But that is only one of because I have concerns about efforts gress, we must recognize that there are many reasons to honor him. to ease or remove export restrictions significant differences between these Max is one of our Nation’s greatest on certain hardware and software important and complex policy issues. philanthropists. He played a vital role encryption products. Export controls Digital signature and certificate au- in his home city of Detroit after the on encryption and on other products thority have appeared in various pro- tragic riots of 1967 by promoting rec- serve a clearly defined purpose—to pro- posals in association with encryption. onciliation and economic opportunity. tect our nation’s security. The Intel- However, these matters need to be con- He continues in that effort today. ligence Committee believes that the ef- sidered separately because they raise No one will ever know how many peo- fects on U.S. national security must be different questions and complications. ple have benefited from his quiet gen- the paramount concern when consider- A digital signature is a technical erosity. ing any proposed change to encryption method for authenticating the identity Max, of course, would prefer the term export policy, and the Committee will of a sender or author. social responsibility. Whatever the seek referral of any legislation regard- As its name implies, it is a digital words, the meaning is the same, and so ing encryption export policy under its version of a person’s written signature. is the inspiration. As the Book of Prov- jurisdiction established under Senate Encryption is a means to ensure con- erbs teaches, ‘‘He who is gracious to Resolution 400. With our on-going in- fidentiality. It is a set of algorithms the poor lends to the Lord.’’ vestigation into the possible tech- used to scramble and unscramble text Ten years ago, when Max celebrated nology transfers to China, the Vice in order to keep unauthorized person’s his eightieth birthday, accolades came Chairman and I are also concerned that from reading your computer data and in from around the world. President any effort to change U.S. export policy messages. It is a technology that pro- Reagan called him ‘‘a legend.’’ on encryption be consistent with the tects medical, business, and individual Today, ten years later, the legend export policy review included in our in- files from invasion. Again, encryption continues to build. He still works vestigation. for confidentiality, and digital signa- quietly, behind the scenes. Export restrictions on encryption tures for authentication and related It is no coincidence that his biog- products assist the Intelligence Com- certificate authorities, are not the raphy is entitled, ‘‘The Quiet Dip- munity in its signals intelligence mis- same issue. Dealing with encryption lomat.’’ That book documents what all sion. By collecting and analyzing sig- and digital signatures in one piece of of his friends and admirers know so nals intelligence, U.S. intelligence legislation could lead to the demise of well: His dedication to the cause of agencies seek to understand the poli- such a weighted bill. Consequently, I peace, his energy in the cause of jus- cies, intentions, and plans of foreign am prepared and committed to moving tice, his wisdom and effectiveness in state and nonstate actors. Signals in- separate bills dealing with these issues working for a better world. telligence plays an important role in during this session. I urge my col- At some point, with a man like Max, the formation of American foreign and leagues to support this dual track ap- we run out of accolades. He has heard defense policy. It is also a significant proach as my colleagues have rec- them all—and probably been impressed factor in the U.S. efforts to protect its ommended. I share the belief that this by none of them. citizens and armed forces against ter- is the best chance for legislation to be His eye is always on the future: What rorism, the proliferation of weapons of passed in both of these areas during the remains to be done, what is still to be mass destruction, narcotics traffick- 105th Congress. built, what has not yet been set right. ing, international crime and other Congress needs to stop debating these In that spirit, on behalf of the Senate threats to our nation’s security. issues and enact balanced legislation of the United States, I want to wish July 15, 1998 CONGRESSIONAL RECORD — SENATE S8239 him yet another Happy Birthday, in Ten years ago, July 15, 1988, the fed- 1998 and 1999 for the National Science the full realization that these ninety eral debt stood at $2,550,628,000,000 (Two Foundation, and for other purposes. years have been as much a blessing to trillion, five hundred fifty billion, six The message also announced the us and to the Nation as they have been hundred twenty-eight million). House agrees to the amendment of the to him and to his family. Fifteen years ago, July 15, 1983, the Senate to the bill (H.R. 2870) to amend To Max from America: Mazel tov, and federal debt stood at $1,330,290,000,000 the Foreign Assistance Act of 1961 to God bless. (One trillion, three hundred thirty bil- facilitate protection of tropical forest f lion, two hundred ninety million) through debt reduction with developing which reflects a debt increase of more countries with tropical forests. DESERT CHORALE than $4 trillion—$4,200,558,048,686.17 f Mr. REID. Mr. President, I rise today (Four trillion, two hundred billion, five to pay tribute to a Las Vegas institu- hundred fifty-eight million, forty-eight MEASURES REFERRED tion. No, I am not referring to the thousand, six hundred eighty-six dol- The following bills were read the first ‘‘Strip’’ and the neon lights, but to a lars and seventeen cents) during the and second times by unanimous con- cultural organization that has provided past 15 years. sent and referred as indicated: Las Vegans many years of enjoyment, f H.R. 2379. An act to designate the Federal the Desert Chorale. I have had the building and United States courthouse lo- pleasure of listening to their incredible MESSAGES FROM THE HOUSE cated at 251 North Main Street in Winston- range of talent for the past 16 years. RECEIVED DURING ADJOURNMENT Salem, North Carolina, as the ‘‘Hiram H. This spectacular choir made up of vol- Ward Federal Building and United States ENROLLED BILL SIGNED unteers has provided Nevada music Courthouse’’; to the Committee on Environ- lovers countless hours of enjoyment. Under the authority of the order of ment and Public Works. While Las Vegas and Southern Nevada the Senate of January 7, 1997, the Sec- H.R. 2544. An act to improve the ability of may be known for big head-liners like retary of the Senate, on July 14, 1998, Federal agencies to license federally owned inventions; to the Committee on Commerce, Siegfried and Roy, Liberace and Elvis, during the adjournment of the Senate, received a message from the House of Science, and Transportation. I can personally attest that thousands H.R. 3223. An act to designate the Federal of Nevadans have flocked the Desert Representatives announcing that Speaker has signed the following en- building located at 3000 East 8th Street in Chorale’s concerts over the years. Austin, Texas, as the ‘‘J.J. ‘Jake’ Pickle rolled bill: From the patriotic to the spiritually Federal Building’’; to the Committee on En- uplifting, the sheer beauty of the music S. 2282. An act to amend the Arms Export vironment and Public Works. they make touches and inspires their Control Act, and for other purposes. H.R. 3453. An act to designate the Federal audiences. Under the authority of the order of Building and Post Office located at 100 East Now, this great choir from the Silver the Senate of January 7, 1997, the en- B Street, Casper, Wyoming, as the ‘‘Dick rolled bill was signed subsequently by Cheney Federal Building’’; to the Committee State will be sharing their talent with on Environment and Public Works. a slice of the world audience. The the President pro tempore (Mr. THUR- H.R. 4164. An act to amend title 28, United Desert Chorale has been recognized for MOND). States Code, with respect to the enforcement their musical achievements and have f of child custody and visitation orders; to the been invited to participate in the Boris Committee on the Judiciary. Brott Music Festival in Canada. The MESSAGES FROM THE HOUSE f festival is entering into it’s twelfth At 6:40 p.m., a message from the year and their contributions to Can- House of Representatives, delivered by ENROLLED BILL PRESENTED ada’s and the world’s cultural scene Mr. Hays, one of its reading clerks, an- The Secretary of the Senate reported has been highly praised. Not only does nounced that the House has passed the that on July 14, 1998, he had presented the choir have the honor of being in- following bills, in which it requests the to the President of the United States, vited to this festival, but they were concurrence of the Senate: the following enrolled bill: also chosen as the first musical organi- H.R. 2379. An act to designate the Federal S. 2282. An act to amend the Arms Export zation of its kind to represent the building and United States courthouse lo- Control Act, and for other purposes. Western United States. I stand here on cated at 251 North Main Street in Winston- f behalf of the great state of Nevada, as Salem, North Carolina, as the ‘‘Hiram H. that state’s senior senator, and the Ward Federal Building and United States PETITIONS AND MEMORIALS United States of America, to congratu- Courthouse.’’ H.R. 2544. An act to improve the ability of The following petitions and memori- late the Desert Chorale on taking part Federal agencies to license federally owned als were laid before the Senate and in this prestigious tradition. The inventions. were referred or ordered to lie on the Desert Chorale will be an excellent ad- H.R. 3223. An act to designate the Federal table as indicated: dition to the festival. I am confident building located at 300 East 8th Street in POM–506. A resolution adopted by the from the previous performances I have Austin, Texas, as the ‘‘J.J. ‘Jake’ Pickle Council of the City of North Miami Beach, attended, that they will do a superb job Federal Building.’’ Florida relative to the renaming of the Ever- in representing the great heritage of H.R. 3453. An act to designate the Federal glades National Park; to the Committee on both the state of Nevada and the Building and Post Office located at 100 East Energy and Natural Resources. B Street, Casper, Wyoming, as the ‘‘Dick United States of America. POM–507. A resolution adopted by the Cheney Federal Building.’’ Council of the City of Ann Arbor, Michigan THE VERY BAD DEBT BOXSCORE H.R. 4164. An act to amend title 28, United relative to global warming; to the Commit- Mr. HELMS. Mr. President, at the States Code, with respect to the enforcement tee on Environment and Public Works. close of business yesterday, Tuesday, of child custody and visitation orders. POM–508. A concurrent resolution adopted July 15, 1998, the federal debt stood at The message also announced that the by the Legislature of the State of Louisiana; $5,530,848,048,686.17 (Five trillion, five House has the following bill, with to the Committee on Finance. hundred thirty billion, eight hundred amendments, in which it requests the HOUSE CONCURRENT RESOLUTION NO. 101 forty-eight million, forty-eight thou- concurrence of the Senate: Whereas, the business meal deduction is sand, six hundred eighty-six dollars S. 318. An act to require automatic can- one hundred percent legitimate business ex- and seventeen cents). cellation and notice of cancellation rights pense and should be a one hundred percent One year ago, July 15, 1997, the fed- with respect to private mortgage insurance legitimate deduction; and eral debt stood at $5,355,394,000,000 which is required as a condition for entering Whereas, two-thirds of business meal de- (Five trillion, three hundred fifty-five into a residential mortgage transaction, to duction users make less than sixty thousand billion, three hundred ninety-four mil- abolish the Thrift Depositor Protection dollars in income per year; and Oversight Board, and for other purposes. Whereas, seventy percent of such business lion). meal users typically use low to moderately Five years ago, July 15, 1993, the fed- The message further announced that priced restaurants for business lunches; and eral debt stood at $4,336,912,000,000 the House agrees to the amendment of Whereas, restoring the business meal de- (Four trillion, three hundred thirty-six the Senate to the bill (H.R. 1273) to au- duction was the number two priority of the billion, nine hundred twelve million). thorize appropriations for fiscal years one thousand six hundred business delegates S8240 CONGRESSIONAL RECORD — SENATE July 15, 1998 at the last White House Conference on Small States Treasury Department may offset or EXECUTIVE REPORTS OF Business; and withhold a federal tax refund to satisfy le- COMMITTEES Whereas, one-fifth of business meal users gally enforceable, past due state income tax are self-employed people; and obligations; and The following executive reports of Whereas, small business owners rely more Whereas, there are currently 31 states, in- committees were submitted: heavily on the one-on-one relationship of- cluding California, and the District of Co- By Mr. THOMPSON, from the Committee fered by a business meal, more so than large lumbia, that offset state income tax refunds on Governmental Affairs: corporations with an advertising budget and to satisfy delinquent federal tax obligations Jacob Joseph Lew, of New York, to be Di- marketing staff. Therefore, be it under a cooperative arrangement between rector of the Office of Management and Resolved, That the Legislature of Louisiana the state tax agency and the Internal Reve- Budget. does hereby memorialize the United States nue Service; and (The above nomination was reported Congress to take such actions as are nec- Whereas, California has been participating with the recommendation that he be essary to restore the legitimate expense of in the state offset arrangement since Janu- confirmed, subject to the nominee’s the business meal to one hundred percent de- ary 1991 and collected $27.5 million during commitment to respond to requests to ductibility. Be it further the 1995–96 fiscal year and $28 million during Resolved, That the Legislature of Louisiana the 1996–97 fiscal year and will collect $29 appear and testify before any duly con- strongly urges the governor of Louisiana and million during the 1997–98 fiscal year for the stituted committee of the Senate.) the governors and legislatures of other federal government; and By Mr. SHELBY, from the Select Commit- states to also communicate to the United Whereas, permitting federal refunds to be tee on Intelligence: States Congress that the business meal is a offset for state income tax debts would fur- L. Britt Snider, of Virginia, to be Inspector legitimate expense which must be restored ther existing cooperative efforts between the General, Central Intelligence Agency. to one hundred percent deductibility. Be it Internal Revenue Service and state taxing (The above nomination was reported further agencies and would be an effective method of with the recommendation that he be Resolved, That copies of this Resolution be collecting delinquent debts owed to the confirmed, subject to the nominee’s transmitted to the presiding officers of the states; and commitment to respond to requests to and the House of Rep- Whereas, according to the Federation of Tax Administrators, a reciprocal tax pro- appear and testify before any duly con- resentatives and to each member of the stituted committee of the Senate.) United States Congress, and to the governors gram at the federal level would increase and appropriate officers of the legislatures of state receipts by an estimated $200 million f all of the states. annually in the early years of implementa- INTRODUCTION OF BILLS AND tion. Of this amount, it is estimated that POM–509. A concurrent resolution adopted California would receive revenue in the JOINT RESOLUTIONS by the Legislature of the State of Louisiana; range of $85 million annually; and The following bills and joint resolu- to the Committee on Finance. Whereas, a reciprocal program could also tions were introduced, read the first benefit federal receipts because it would HOUSE CONCURRENT RESOLUTION NO. 123 and second time by unanimous con- likely lead the remaining 10 income tax sent, and referred as indicated: Whereas, Arcadia, Louisiana, has been no- states to participate in the program; and tified by the United States Postal Service Whereas, H.R. No. 1730, a measure authored By Mr. SHELBY: that the Postal Service is considering the op- by Congresswoman Nancy Johnson (D-Con- S. 2307. An original bill making appropria- tion of relocating the downtown post office necticut), is currently being considered by tions for the Department of Transportation in Arcadia; and Congress; now, therefore, be it and related agencies for the fiscal year end- Whereas, the downtown post office in Arca- Resolved by the Assembly and Senate of the ing September 30, 1999, and for other pur- dia has been serving the needs of residents State of California, jointly, That the Legisla- poses; from the Committee on Appropria- for over sixty years; and ture of the State of California respectfully tions; placed on the calendar. Whereas, in June of 1997, by unanimous memorializes the President and the Congress By Mr. GRAHAM (for himself, Mr. vote of the Arcadia Town Council, the down- of the United States to establish a program CHAFEE, Mr. JOHNSON, Mr. GRASSLEY, town district of Arcadia was declared an his- to offset or withhold federal tax refunds to Mr. HARKIN, Mr. HOLLINGS, and Mr. toric downtown district; and satisfy legally enforceable, past due state in- INOUYE): Whereas, the downtown post office in Arca- come tax obligations; and be it further S. 2308. A bill to amend title XIX of the So- dia plays an important role in the downtown Resolved, That the Chief Clerk of the As- cial Security Act to prohibit transfers or dis- area and is needed for ongoing revitalization sembly transmit copies of this resolution to charges of residents of nursing facilities as a of that area; and the President and Vice President of the result of a voluntary withdrawal from par- Whereas, there are other options available United States, to the Speaker of the House ticipation in the medicaid program; to the besides relocation of the downtown post of- of Representatives, to each Senator and Rep- Committee on Finance. fice, including modernization of the existing resentative from California in the Congress By Mr. SPECTER (for himself and Mr. downtown post office building and develop- of the United States, to the Acting Commis- SANTORUM): ment of carrier substations; and sioner of the Internal Revenue Service; and S. 2309. A bill to authorize the Secretary of Whereas, such other options should be to the Secretary of the Treasury. the Interior to enter into an agreement for given close and serious consideration by Con- the construction and operation of the Gate- f gress and the United States Postal Service in way Visitor Center at Independence National lieu of relocation of the downtown post office REPORTS OF COMMITTEES Historical Park; to the Committee on En- in Arcadia. Therefore, be it ergy and Natural Resources. Resolved, That the Legislature of Louisiana The following reports of committees By Mr. MOYNIHAN (for himself and does hereby memorialize the United States were submitted: Mr. D’AMATO): Congress and United States Postal Service to By Mr. SHELBY, from the Committee on S. 2310. A bill to designate the United take such actions as are necessary to have Appropriations, without amendment: States Post Office located at 297 Larkfield other options in lieu of relocation considered S. 2307. An original bill making appropria- Road in East Northport, New York, as the for the downtown post office in Arcadia, tion for the Department of Transportation ‘‘Jerome Anthony Ambro, Jr. Post Office Louisiana. Be if further and related agencies for the fiscal year end- Building’’; to the Committee on Govern- Resolved, That a copy of this Resolution be ing September 30, 1999, and for other pur- mental Affairs. transmitted to the presiding officers of the poses (Rept. No. 105–249). By Mr. KOHL (for himself and Mr. SES- Senate and the House of Representatives of By Mr. THOMPSON, from the Committee SIONS): the Congress of the United States of Amer- on Governmental Affairs, with amendments: S. 2311. A bill to amend section 201 of title ica, each member of the Louisiana congres- S. 2176. A bill to amend sections 3345 18, United States Code, to increase prosecu- sional delegation, the Postmaster General of through 3349 of title 5, United States Code torial effectiveness and enhance public safe- the United States, and to the mayor of Arca- (commonly referred to as the ‘‘Vacancies ty, and for other purposes; to the Committee dia, Louisiana. Act’’) to clarify statutory requirements re- on the Judiciary. lating to vacancies in and appointments to By Mr. CAMPBELL: S. 2312. An original bill making appropria- POM–510. A joint resolution adopted by certain Federal offices, and for other pur- tions for the Treasury Department, the Legislature of the State of California; to the poses (Rept. No. 105–250). By Mr. CAMPBELL, from the Committee United States Postal Service, the Executive Committee on Finance. on Appropriations, without amendment: Office of the President, and certain Inde- ASSEMBLY JOINT RESOLUTION NO. 51 S. 2312. An original bill making appropria- pendent Agencies, for the fiscal year ending Whereas, the 1998–99 Governor’s budget in- tions for the Treasury Department, the September 30, 1999, and for other purposes; cludes $85 million, beginning with the 1998–99 United States Postal Service, the Executive from the Committee on Appropriations; fiscal year, that is predicated on the assump- Office of the President, and certain Inde- placed on the calendar. tion that the United States Congress will act pendent Agencies, for the fiscal year ending By Mr. GREGG (for himself, Mr. to establish a program under which the In- September 30, 1999, and for other purposes BREAUX, Mr. THOMPSON, Mr. ROBB, ternal Revenue Service and the United (Rept. No. 105–251). Mr. THOMAS, and Mr. COATS): July 15, 1998 CONGRESSIONAL RECORD — SENATE S8241 S. 2313. A bill to amend title II of the So- cials at the Rehabilitation and income Americans, we need to think cial Security Act to provide for individual Healthcare Center of Tampa told them again. security accounts funded by employee and that their Alzheimer’s Disease-afflicted A three-year stay in a nursing home employer social security payroll deductions, mother would have to be relocated so can cost upwards of $125,000. As a re- to extend the solvency of the old-age, sur- sult, nearly half of all nursing home vivors, and disability insurance program, that the nursing home could complete and for other purposes; to the Committee on ‘‘renovations.’’ residents who enter as privately-paying Finance. As the Mongiovis told me when I met patients exhaust their personal savings By Mr. LEAHY: with them and visited their mother in and lose health insurance coverage dur- S. 2314. A bill to clarify that prosecutors Tampa last March, the real story far ing their stay. Medicaid becomes many and other public officials acting in the per- exceeded their worst fears. The sup- retirees’ last refuge of financial sup- formance of their official duties may enter posedly temporary relocation was actu- port. into cooperation agreements and make other ally a permanent eviction of all 52 resi- On April 10, the Florida Medicaid Bu- commitments, assurances, and promises, as reau responded to evidence of Medicaid provided by law in consideration of truthful dents whose housing and care were paid for by the Medicaid program. dumping in Tampa by levying a steep, testimony; to the Committee on the Judici- $260,000 fine against the Tampa nursing ary. The nursing home chain which owns By Mrs. FEINSTEIN (for herself, Mr. the Tampa facility and several others home. That was a strong and appro- D’AMATO, and Mr. FORD): across the United States wanted to priate action, but it was only a partial S. 2315. A bill to amend the Public Health purge its nursing homes of Medicaid solution. Medicaid funding is a shared Service Act, Employee Retirement Income residents, ostensibly to take more pri- responsibility of states and the federal Security Act of 1974, and titles XVIII and vate insurance payers and Medicare government. XIX of the Social Security Act to require beneficiaries which pay more per resi- And while the most egregious inci- that group and individual health insurance dent occurred in Florida, Medicaid coverage and group health plans and man- dent. This may have been a good financial dumping is not just a Florida problem. aged care plans under the medicare and med- While nursing homes were once locally- icaid programs provide coverage for hospital decision in the short run, however, its lengths of stay as determined by the attend- effects on our nation’s senior citizens, run and family-owned, they are in- ing health care provider in consultation with if practiced on a widespread basis, creasingly administered by multi- the patient; to the Committee on Labor and would be even more disastrous. state, multi-facility corporations that Human Resources. In an April 7, 1998 Wall Street Jour- have the power to affect seniors across By Mr. MCCONNELL (for himself and nal article, several nursing home ex- the United States. Mr. DEWINE): Mr. President, let me also point out ecutives argued that state govern- S. 2316. A bill to require the Secretary of that the large majority of nursing ments and Congress are to blame for Energy to submit to Congress a plan to en- homes in America treat their residents these evictions because they have set sure that all amounts accrued on the books well and are responsible community Medicaid reimbursement rates too low. of the United States Enrichment Corpora- citizens. Our bill is designed solely to tion for the disposition of depleted uranium While Medicaid payments to nursing prevent potential future abuses by bad hexafluoride will be used to treat and recycle homes may need to be revised, playing depleted uranium hexafluoride; read the first actors. Russian roulette with elderly patients’ And this new bill is better, simple time. lives is hardly the way to send that f and fair. It would prohibit current message to Congress. And while I am Medicaid beneficiaries or those who STATEMENTS ON INTRODUCED willing to engage in a discussion as to ‘‘spend down’’ to Medicaid from being BILLS AND JOINT RESOLUTIONS the equity of nursing home reimburse- evicted from their homes. And that is a ment rates, I and my colleagues are By Mr. GRAHAM (for himself, crucial point, Mr. President. not willing to allow nursing facilities Mr. CHAFEE, Mr. JOHNSON, Mr. Adela Mongiovi is not just a ‘‘bene- to dump patients indiscriminately. ficiary.’’ She is also a mother and GRASSLEY, Mr. HARKIN, Mr. The fact that some nursing home HOLLINGS, and Mr. INOUYE): grandmother. And to Adela Mongiovi, companies are willing to sacrifice el- the Rehabilitation and Health Care S. 2308. A bill to amend title XIX of derly Americans for the sake of their the Social Security Act to prohibit Center of Tampa is not an ‘‘assisted bottom-line is bad enough. What’s even living facility.’’ To Adela Mongiovi— transfers or discharges of residents of worse is their attempt to evade blame nursing facilities as a result of a vol- this is home. for Medicaid evictions. This is the place where she wants— untary withdrawal from participation The starkest evidence of this shirk- in the Medicaid Program; to the Com- and deserves—like all seniors—to live ing of responsibility is found in the the rest of her life with the security of mittee on Finance. shell game many companies play to knowing that she will not be evicted. NURSING HOME PATIENT PROTECTION ACT justify evictions. Current law allows And through passage of this bill, Mr. Mr. GRAHAM. Mr. President, I rise nursing homes to discharge patients President, we can provide that security today, along with Senators CHAFEE, for inability to pay. to Adela Mongiovi and all of our na- JOHNSON, GRASSLEY, HARKIN, HOLLINGS, If a facility decreases its number of tion’s seniors. and INOUYE to introduce the Nursing Medicaid beds, the state and federal Mr. President, I ask unanimous con- Home Patient Protection Act—legisla- governments are no longer allowed to sent that letters in support of the leg- tion to protect our nation’s seniors pay the affected residents’ bills. They islation be printed in the RECORD. from indiscriminate patient dumping. can then be conveniently and There being no objection, the letters This bill modifies the original legisla- unceremoniously dumped for—you were ordered to be printed in the tion to include several simple changes guessed it—their inability to pay. RECORD, as follows: to alleviate the concerns of the nursing Evictions of nursing home residents AMERICAN HEALTH CARE ASSOCIATION, home industry and senior citizen advo- have a devastating effect on the health Washington, DC, June 11, 1998. cates. It is with their support that we and well-being of some of society’s Hon. BOB GRAHAM, encourage the Senate to take action on most vulnerable members. Hart Senate Office Building, Washington, DC. this important piece of legislation. I A recent University of Southern Cali- DEAR SENATOR GRAHAM: I am writing to lend the support of the American Health have also included the following letters fornia study indicated that those who Care Association to your legislation which of support from the American Home are uprooted from their homes undergo helps to ensure a secure environment for Care Association and the National Sen- a phenomenon known as ‘‘transfer residents of nursing facilities which with- iors Law Center. trauma.’’ For these seniors, the con- draw from the Medicaid program. Under- A few months ago, it looked like 93- sequences are stark. The death rate stand you will be filing this legislation in year old Adela Mongiovi might have to among these seniors is two to three the next few days. spend her 61st Mother’s Day away from times higher than that for individuals We know firsthand that a nursing facility is one’s home, and we strive to make sure the assisted living facility that she has who receive continuous care. residents are healthy and secure in their called home for the last four years. Those of us who believe that our home. We strongly support the clarifications At least that’s what son Nelson and mothers, fathers, and grandparents are your bill will provide to both current and fu- daughter-in-law Gina feared when offi- safe because Medicaid affects only low- ture nursing facility residents, and do not S8242 CONGRESSIONAL RECORD — SENATE July 15, 1998 believe residents should be discharged be- working with your staff on this legislation S. 2310. A bill to designate the United cause of inadequacies in the Medicaid pro- and on other bills to protect the rights and States Post Office located at 297 gram. interests of nursing facility residents and Larkfield Road in East Northport, New This bill addresses a troubling symptom of other older people. York, as the ‘‘Jerome Anthony Ambro, what could be a much larger problem. The Sincerely, Jr. Post Office Building’’; to the Com- desire to end participation in the Medicaid TOBY S. EDELMAN. program is a result of the unwillingness of mittee on Governmental Affairs. some states to adequately fund the quality By Mr. SPECTER (for himself JEROME ANTHONY AMBRO, JR. POST OFFICE of care that residents expect and deserve. and Mr. SANTORUM): BUILDING LEGISLATION Thus, some providers may opt out of the pro- S. 2309. A bill to authorize the Sec- Mr. MOYNIHAN. Mr. President, I rise gram to maintain a higher level of quality retary of the Interior to enter into an today with my friend and colleague, than is possible when relying on inadequate Senator D’AMATO, to introduce a bill to Medicaid rates. Nursing home residents agreement for the construction and op- should not be the victims of the inadequacies eration of the Gateway Visitor Center designate the East Northport, New of their state’s Medicaid program. at Independence National Historical York Post Office as the ‘‘Jerome An- In 1996, the Congress voted to retain all Park; to the Committee on Energy and thony Ambro, Jr. Post Office Build- standards for nursing facilities. We support Natural Resources. ing.’’ those standards. In 1997, Congress voted sepa- GATEWAY VISITOR CENTER AUTHORIZATION ACT Jerry Ambro’s life was one dedicated rately to eliminate requirements that states to serving the people of New York. A pay for those standards. These two issues are OF 1998 ∑ Mr. SPECTER. Mr. President, today I Brooklyn native, he was educated in inextricably linked, and must be considered the New York City public schools and together. Importantly, your legislation man- introduce legislation to authorize the dates the Department of Health and Human Interior Department to enter into an was graduated from New York Univer- Services study the link between payment agreement with the nonprofit Gateway sity. After a two-year stint in the and the ability to provide quality care. We Visitor Center Corporation for the con- United States Army, he began working welcome the opportunity to have this debate struction and operation of the Gateway for the Town of Huntington, New York. as Congress moves forward on this issue. He went on to serve on the Suffolk Again, we appreciate the chance to work Visitor Center in Independence Na- tional Historical Park in Philadelphia, County Board of Supervisors and was with you to provide our residents with qual- elected Town Supervisor of Huntington ity care in a home-like setting that is safe Pennsylvania. and secure. We also feel that it would be This legislation is needed because the for four terms. First elected to Congress in 1974, in most effective when considered in the con- Visitor Center will provide some serv- the wake of President Nixon’s resigna- text of the relationship between payment ices which are beyond the scope of ex- tion, Jerry Ambro was a leader among and quality and access to care. isting National Park Service statutory Finally, we greatly appreciate the inclu- leaders. He served as the chairman of authority at the Park. As a result, I sive manner in which this legislation was the 82-member New Members Caucus, a am advised that construction may not crafted, and strengthened. When the views of reform-minded group that instituted begin until this bill is enacted. I have consumers, providers, and regulators are campaign finance reform and new pro- considered together, the result, as with your worked with the National Park Service cedures for selecting committee chair- bill, is intelligent public policy. and the Gateway Visitor Center Cor- men. The Caucus aided in deposing Sincerely yours, poration to develop this bill and note three committee and subcommittee Dr. PAUL R. WILLGING, that similar legislation has been intro- Executive Vice President. chairmen. duced in the House of Representatives As Chairman of the House Sub- NATIONAL SENIOR CITIZENS, by Congressmen JON FOX and ROBERT committee on Natural Resources and LAW CENTER, BORSKI. The bill also has the strong the Environment, he fought to protect Washington, DC, June 26, 1998. support of Philadelphia Mayor Edward the environment. He prevented the Senator BOB GRAHAM, Rendell. Long Island Lighting Company from Hart Senate Office Building, The Gateway Visitor Center is part Washington, DC. converting from oil to coal and he pre- of the revitalization of Independence served wetlands in Massapequa. As DEAR SENATOR GRAHAM: Earlier this year, Mall and is critical to creating an out- the Vencor Corporation began to implement Town Supervisor, he enacted one of the a policy of withdrawing its nursing facilities standing visitor experience. It will first municipal bans on DDT. from participation in the Medicaid program. serve as the gateway into the Park and Following his years in Congress, he The abrupt, involuntary transfer of large will orient visitors as to the rich his- went on to serve ably as the Washing- numbers of Medicaid residents followed. Al- tory of the National Historical Park, ton lobbyist for then-Governor Hugh L. though Vencor reversed its policy, in light of the city of Philadelphia, and the region Carey. He died in 1993 from complica- Congressional concern, state agency action, as a whole. I was pleased to assist in tions from diabetes. and adverse publicity, the situation high- obtaining funds in the TEA–21 Act for lighted an issue in need of a federal legisla- I am pleased to introduce this bill tive solution—what happens to Medicaid the road and infrastructure improve- today to name a post office after such residents when a nursing facility voluntarily ments necessary for the redevelopment a distinguished New Yorker. Congress- ceases to participate in the federal payment of the Independence Mall and would man GARY L. ACKERMAN has introduced program. note that the Senate FY99 Interior Ap- a similar measure in the House. That it I have read the draft bill that your staff propriations bill also includes funding has the support of the entire New York has written to address this issue. The bill for this project. delegation demonstrates how widely protects residents who were admitted at a The legislation is necessary because, time when their facility participated in Med- admired Jerry Ambro was. I urge the icaid by prohibiting the facility from invol- in addition to its role as the Park’s pri- swift passage of this legislation. untarily transferring them later when it de- mary visitor center, the Gateway Visi- Mr. President, I ask unanimous con- cides to discontinue its participation. As you tor Center will be permitted to charge sent that the full text of the bill be know, many people in nursing facilities fees, conduct events, and sell merchan- placed in the RECORD. begin their residency paying privately for dise, tickets, and food to visitors to the There being no objection, the bill was their care and choose the facility because of Center. These activities will allow the ordered to be printed in the RECORD, as promises that they can stay when they ex- Gateway Visitor Center to meet its follows: haust their private funds and become eligible S. 2310 for Medicaid. In essence, the bill requires the park-wide, city-wide and regional mis- facility to honor the promises it made to sions while defraying the operating and Be it enacted by the Senate and House of Rep- these residents at admission. It continues to management expenses of the Center. resentatives of the United States of America in allow facilities to withdraw from the Medic- The Gateway Visitor Center holds Congress assembled, aid program, but any withdrawal is prospec- enormous potential for Independence SECTION 1. DESIGNATION. tive only. The United States Post Office located at National Historical Park and the 297 Larkfield Road in East Northport, New This bill gives peace of mind to older peo- greater Philadelphia region as a whole, ple and their families by affirming that their York, shall be known and designated as the Medicaid-participating facility cannot aban- and I urge my colleague to support this ‘‘Jerome Anthony Ambro, Jr. Post Office don them if it later chooses to end its par- legislation.∑ Building’’. ticipation in Medicaid. SEC. 2. REFERENCES. The National Senior Citizens Law Center By Mr. MOYNIHAN (for himself, Any reference in a law, map, regulation, supports this legislation. We look forward to and Mr. D’AMATO): document, paper, or other record of the July 15, 1998 CONGRESSIONAL RECORD — SENATE S8243 United States to the United States Post Of- and his children, step children and who was allowed to plea to lesser fice referred to in section 1 shall be deemed grandchildren. His qualities endeared charges in exchange for his testimony. to be a reference to the ‘‘Jerome Anthony him to the people of New York and I And McVeigh’s conviction is on appeal Ambro, Jr. Post Office Building’’. hope these sentiments will be reflected in the same Tenth Circuit—could that Mr. D’AMATO. Mr. President, I rise in the passage of this measure. I thank be the next conviction it will try to to join my colleague, Senator MOY- the senior Senator from New York and overturn? NIHAN, in introducing this bill that will urge its enactment. In my view, the risks posed by this designate that the U.S. Post Office lo- decision are too great to leave this cated at 297 Larkfield Road in East By Mr. KOHL (for himself and issue to the courts—even though I am Northport, New York, as the ‘‘Jerome Mr. SESSIONS): confident that in the end they would do Anthony Ambro, Jr. Post Office Build- S. 2311. A bill to amend section 201 of the right thing. Indeed, until this issue ing.’’ title 18, United States Code, to increase works its way to the Supreme Court, The designation will be a tribute to prosecutorial effectiveness and en- the potential dangers are serious. Pros- the life and legacy of a strong and able hance public safety, and for other pur- ecutors may feel the need to hold back local and federal representative and I poses; to the Committee on the Judici- on cutting deals with potential wit- am proud to be a co-sponsor of this bill. ary. nesses, making it tougher to convict In doing so, we join the entire New EFFECTIVE PROSECUTION AND PUBLIC SAFETY dangerous criminals. And criminals be- York delegation in supporting this bill. ACT OF 1998 hind bars will have a better chance The designation will be a tribute to ∑ Mr. KOHL. Mr. President, Senator than ever at overturning their convic- the life and legacy of a strong and able SESSIONS and I today are introducing a tions. Already, jailhouse lawyers are local and federal representative and I bill that guarantees prosecutors can probably foaming at the mouth antici- am proud to be a co-sponsor of this bill. exercise their full power to keep crimi- pating making this argument in courts In doing so, we join the entire New nals off our streets. The ‘‘Effective all over the nation. York delegation in supporting this bill. Prosecution and Public Safety Act of Congress can act now to put this Anthony Ambro was a full fledge New 1998’’ makes clear that prosecutors can issue behind us, to guarantee that pros- Yorker. He had his own ideas and his offer plea bargains to accomplices in ecutors are not hampered in their ef- own means of accomplishing his exchange for their testimony—a long- forts to put criminals behind bars, and goals—and those goals greatly assisted standing, accepted and necessary prac- to make sure that is where criminals his constituency. He was a great man tice—without tainting a conviction re- stay. This bill is simple and effective. from a different political persuasion. sulting from such testimony. This It amends the anti-bribery statute to But one thing is certain, he put people measure puts to rest any concerns exempt deals for leniency made by ahead of politics. raised by an overwhelmingly disputed prosecutors in exchange for testimony. Born in Brooklyn, he attended New decision issued recently by a panel of And it applies to past as well as future York University where he received his three appellate court judges. And it deals, so that no criminal—including Bachelor’s degree. He served in the makes it less likely that courts could the Oklahoma City bomber—can try to United States Army, Military Police overturn convictions of dangerous use this awful decision as a ‘‘get out of before he began his career in public criminals like Oklahoma City bomber jail card’’ at the expense of the safety service. He was budget officer, purchas- Timothy McVeigh. of the American people. ing and personnel director for the Until a court decision two weeks ago, Mr. President, let me make clear Town of Huntington, served on Suffolk there was no doubt that prosecutors what this proposal does and what it County Board of Supervisors and was could build criminal cases by offering does not do. All it does is reinforce elected to four terms as Supervisor of leniency to accomplices in exchange what Congress always intended—to the Town of Huntington. In addition, for their testimony at trial. But in U.S. allow plea bargains in exchange for tes- he was president of the freeholders of versus Singleton, a Tenth Circuit panel timony. It does not permit prosecutors the Town of Huntington and co-founder held that a federal anti-bribery stat- to ‘‘buy’’ testimony with cash payoffs. of the New York State Coalition of ute, which had been on the books for That is still illegal. It does not allow Suburban Towns. over 35 years, barred these kinds of le- prosecutors to knowingly elicit false To reward him for the tremendous niency deals. This unprecedented deci- testimony. That is obstruction of jus- accomplishments for the people of Suf- sion has been criticized virtually tice. And it does not prevent a defense folk County, he was elected to the unanimously. Subsequently, the full attorney from raising a deal at trial to House of Representatives beginning in Tenth Circuit put the decision on hold, try to cast doubt on the credibility of 1975, for three terms. Beginning in 1981, pending a full court rehearing sched- a witness. That is what cross-examina- he operated a consulting business uled for November. tion is all about. bringing his own brand of humor and There is little doubt that the Tenth Mr. President, prosecutors will be sagacity to bear on behalf of hundreds Circuit’s decision is just plain wrong. most effective and the public will be of New Yorkers as they struggled to Nothing in the legislative history sug- safest if we set the Record straight now make sense of Washington’s labyrinth. gests that Congress ever intended to and correct the Tenth Circuit’s out- During his tenure he served as Chair- take away a prosecutor’s ability to rageous decision. I urge my colleagues man of the House Subcommittee on make deals for testimony. And it is no to join me in support of this bill. And Natural Resources and the Environ- surprise that in 35 years no court ever I offer for the RECORD the following ment, working on environmental found the anti-bribery statute to apply two articles—an editorial from the issues, including the prohibiting the to this reasonable exercise of prosecu- Washington Post criticizing the deci- dumping of dredged material in Long torial discretion. This decision is sim- sion and a piece from Legal Times ex- Island Sound. As a local official, he ply a case of Scalia-ism taken to the plaining its impact and recent develop- supported housing projects for the el- extreme, beyond the bounds of common ments, and ask unanimous consent derly. He was a free-thinking man sense and in the face of established that these articles be printed in the whose primary purpose was to rep- practices. I cannot believe that even RECORD. resent the needs of his constituency Justice Scalia, the high priest of liter- There being no objection, the articles and whose tenacity was driven by his alism, would agree with this result. were ordered to be printed in the beliefs. As wrong as this decision is, it still RECORD, as follows: I counted him as a friend and advisor cannot be taken lightly. Prosecutors [The Washington Post, Wed., July 8, 1998] who made many a lunch-time meal at make deals with cooperating witnesses JUDICIAL TROUBLE the Monocle a pleasure as well as an all the time. So this decision puts tens education. of thousands of convictions in jeop- Every now and then, a federal appeals court issues a ruling that is, at once, so Anthony Ambro passed away in ardy. For an example, we need look no wrongheaded and so sweeping that it results March, 1993 from diabetes complica- further than the conviction of Timothy in a brief period of uncertainty in the legal tions. I am sure he is missed terribly McVeigh, which was based in large part world before being reversed. The decision by his wife Antoinette Salatto Ambro, on the testimony of Michael Fortier, last week by the U.S. Court of Appeals for S8244 CONGRESSIONAL RECORD — SENATE July 15, 1998 the 10th Circuit in the case of U.S. v. Single- ficials at Main Justice, who have been The panel did not suggest that prosecutors ton is one such bombshell. A unanimous scrambling to develop for U.S. attorneys’ of- should go to jail or be fined for violating the three-judge panel threw out the drug con- fices legal guidelines that take Singleton law. But it did determine that the statute spiracy and money laundering conviction of into account. was broad enough to include federal prosecu- a woman named Sonya Singleton, finding On July 9, Justice announced it was plan- tors. that the government had violated a criminal ning on asking the 10th Circuit to hear the The court then noted that Douglas’ plea anti-gratuity statute by promising leniency case en banc, but it had not yet filed the mo- agreement, which incorporated standard to a witness in exchange for his testimony. tion when the court acted on its own. boilerplate language used by U.S. attorneys’ On its face, the decision seems faintly rea- ‘‘This does not seem like the kind of case offices nationwide, made three specific prom- sonable. There is, after all, a federal law that where they would grant en banc sua sponte ises to Douglas in exchange for his testi- holds criminally liable anyone who, ‘‘di- because they felt that [the decision] was mony. rectly or indirectly, gives, offers or promises right,’’ says a Justice official working on the Those promises—not to prosecute him for anything of value to any person, for or be- matters. ‘‘This is a hopeful sign.’’ any other crimes stemming from the inves- cause of the testimony under oath or affir- John ‘‘Val’’ Wachtel, the Wichita, Kan., tigation and to tell both the sentencing mation given . . . by such person as a wit- lawyer who initially triumphed before the court and his parole board about the extent ness.’’ This law contains no explicit excep- three-judge panel, says he is disappointed of his cooperation—constituted ‘‘something tion for the government, and leniency in sen- but eager to argue before the entire court. of value,’’ the court reasoned. Thus, they ‘‘We plan to write our brief and go out and tencing is certainly of value to a person who amounted to an illegal gratuity. argue and win this case,’’ says Wachtel, a is facing jail. Hence, the court held, the gov- ‘‘The obvious purpose of the government’s partner of Wichita’s Klenda, Mitchell, ernment violated the law by using bought promised actions was to reduce his jail Austerman & Zuercher. ‘‘The decision of the testimony, and Ms. Singleton’s conviction time,’’ wrote U.S. Circuit Judge Paul Kelly panel is right.’’ must be thrown out. The court’s unusual move followed a Jr., ‘‘and it is difficult to imagine anything Logical, perhaps, but dead wrong. What the firestorm in federal courts across the six more valuable than personal physical free- government actually promised the witness Western states that make up the 10th Cir- dom.’’ was, in fact, a standard plea agreement of a Despite the 10th Circuit’s decision last cuit. Although the panel noted that its rul- sort prosecutors rely on every day. Okla- week, local defense lawyers say they are ing would not ‘‘drastically alter’’ prosecu- homa City bomber Timothy McVeigh was eager to raise the issue in Washington’s fed- tors’ tactics, no one else seemed to agree. convicted based, in substantial part, on tes- Trial lawyers of all stripes predicted that eral court. timony by Michael Fortier—who was allowed if the opinion’s holding stood, it would dra- ‘‘I guess, given the attention it received, to plead guilty to lesser charges. Many, if matically change the way prosecutors inves- [the 10th Circuit’s action] is not all that sur- not most, significant investigations rely on tigate and try many types of criminal cases, prising, but it is definitely disappointing,’’ witnesses who are ‘‘flipped’’ by prosecutors including major conspiracies involving drug says L. Barrett Boss, an assistant federal in exchange for some sort of special treat- trafficking, money laundering, and fraud. public defender in Washington. ‘‘The argu- ment, almost all of which could be consid- And last week, those predictions were al- ment that is made, that testimony in ex- ered ‘‘of value.’’ ready coming true in the 10th Circuit. change for leniency violated the bribery This practice can be—self-evidently—cor- According to press accounts and lawyers statute, is rock solid, so we’re definitely rupting. A witness who knows that his co- who practice in the circuit, ongoing federal going to be pursuing that issue at every op- operation will get him a cut sentence has a criminal cases there were virtually para- portunity.’’∑ strong incentive to say what prosecutors lyzed as lawyers and even judges tried to de- want to hear. But the traditional remedy is cide what to do. By Mr. GREGG (for himself, Mr. the cross examination of the witness by de- Stephen Saltzburg, a former Justice offi- BREAUX, Mr. THOMPSON, Mr. fense lawyers, and no court has previously cial who now teaches at George Washington ROBB, Mr. THOMAS, and Mr. deemed a run-of-the-mill plea agreement to University Law School, says that this type COATS): be a felony by a prosecutor. of paralysis plus the widespread media atten- S. 2313. A bill to amend title II of the Though the law does not explicitly exempt tion likely prompted the 10th Circuit to the government, this appears to reflect only issue its order late last week. Social Security Act to provide for indi- the fact that members of Congress never con- ‘‘They may not have paid careful attention vidual security accounts funded by em- sidered the possibility that they were crim- to this when it was lurking,’’ posits ployee and employer Social Security inalizing normal prosecutorial practice. In Saltzburg. ‘‘Once they had the uproar, and payroll deductions, to extend the sol- fact, Congress has adjusted the law in ques- focused on it, they realized that every crimi- vency of the old-age, survivors, and dis- tion without balking at the behavior of pros- nal case that went to trial is now at risk.’’ ability insurance program, and for ecutors. And the Supreme Court, in Giglio v. Indeed, the court did see that as a poten- other purposes; to the Committee on U.S., held that when the government makes tial problem. In its July 10 order, signed by a deal with a witness, that a deal must be 11 of the 12 judges, the court asked attorneys Finance. disclosed to the defense as exculpatory evi- for both sides to file briefs that ‘‘address TWENTY-FIRST CENTURY RETIREMENT ACT dence—a holding that seems to concede that whether any opinion reversing the district ∑ Mr. GREGG. Mr. President, today I the deal-making itself is legitimate. The court would have prospective or retrospec- introduce—I believe I can say without 10th Circuit’s decision is at odds both with tive application.’’ exaggeration—a landmark piece of leg- assumed prosecutorial practice and—by the The Circuit ordered that the briefs be sub- mitted in August and said it would hear oral islation, the Twenty-First Century Re- judges’ own admission—with the other judi- tirement Act. cial authorities in the books. argument in November. While criminal law experts like Saltzburg Joining me as principal co-sponsor of [From the Legal Times, Week of July 13, almost all predict that the entire court will this legislation is Senator JOHN 1998] reverse Singleton, defense lawyers say they BREAUX, with whom I served as co- are confident the opinion will be affirmed. FEDERAL COURT WATCH—APPEALS PANEL chair of the National Commission on The underlying case involved Sonya Sin- RETRACTS SNITCH RULING Retirement Policy during the last gleton, who was convicted of one count of (By Robert Schmidt) conspiracy to distribute cocaine and seven year. Also this week, the same legisla- It was a revolutionary federal appeals counts of money-laundering. The main evi- tion will be introduced by our House court decision—a unanimous ruling by three dence against Singleton was the testimony colleagues, Congressmen JIM KOLBE judges that the time-honored prosecutorial of Napoleon Douglas, a fellow alleged con- and CHARLES STENHOLM. tactic of offering witnesses leniency in ex- spirator who cut a plea deal with the govern- With many pieces of legislation, change for their testimony is illegal—and it ment. naming the cosponsors upon introduc- sent prosecutors and defense lawyers into a Singleton’s lawyer, Wachtel, argued that tion is merely a perfunctory exercise. frenzy. Douglas’ testimony should be suppressed, The ruling’s sweeping implications also ap- claiming that 18 U.S.C. § 201(c)(2)—the law With this one, it is significant. Also as parently caught the very judges who issued governing bribery of public officials and wit- original cosponsors of this legislation, it off guard. nesses—applies to prosecutors just as it ap- we have Senators FRED THOMPSON, In a highly unusual move late last week, plies to everyone else. CHUCK ROBB, CRAIG THOMAS, and DAN the U.S. Court of Appeals for the 10th Cir- The section reads: ‘‘Whoever . . . directly COATS. Several cosponsors from both cuit, acting on its own motion, vacated the or indirectly, gives, offers or promises any- sides of the aisle are also joining on the July 1 opinion in United States v. Singleton so thing of value to any person, for or because House bill. it could address the issue en banc. of the testimony under oath or affirmation This in and of itself is almost an un- The decision stunned defense lawyers given or to be given by such person as a wit- across the nation, some of whom had already ness upon a trial, hearing or other proceed- precedented accomplishment. This sim- filed motions in other federal courts based ing, before any court . . . shall be fined ply does not happen with Social Secu- on the precedent. The 10th Circuit’s reversal, under this title, or imprisoned for not more rity, long considered the ‘‘third rail’’ of however, pleased prosecutors—especially of- than two years, or both.’’ American politics. We are turning this July 15, 1998 CONGRESSIONAL RECORD — SENATE S8245 ‘‘third rail’’ into a passenger train—a needed above and beyond payroll taxes their future retirement benefits bipartisan, bicameral process for re- (!) in order to pay the benefits that through those personally-owned retire- form. have been promised to the baby boom ment accounts. Two months ago, the National Com- generation of retirees. Our legislation would do that. It mission on Retirement Policy voted 24– So what would that mean? It would would refund 2% of the current payroll 0 to approve the recommendations that mean raising taxes on future genera- tax back to individual Americans, to be this legislation would implement. tions of Americans. The payroll tax used to directly finance some of their Today we are introducing it with sev- would ultimately have to go up by al- future Social Security benefits. We will eral cosponsors from both sides of the most 50%! That is because the net cost move that portion of the benefit—and aisle. Given the difficulty that most of the system would ultimately top of future unfunded liabilities—off of experts see with restoring the Social 18% of payroll, as opposed to today’s the federal ledger. Security system to balance, our pro- 12.4% tax rate. We would set up these personal ac- posal has set a modern record for the Raising the FICA tax today, imme- counts on the model of the Thrift Sav- most support attracted to any proposal diately, by 2.2% of payroll, would not ings Plan currently provided to federal to place Social Security on sound long- solve this problem. It would just mean employees. We do this because it is an term footing. that future taxpayers would have a obvious way to reduce administrative For several years, we have seen nu- larger Trust Fund to pay off later on, costs. We also do it to avoid new man- merous Commissions divide among and that the 50% payroll tax increase dates on employers. Employers would themselves, breaking into factions, would be borne indirectly, through gen- continue to pay the payroll tax just as issuing separate minority opinions in- eral taxation. they do now, and individuals would de- stead of coming to agreement. We have But there would be another dire ef- cide in which fund they want 2% of the seen various—many of them visionary fect of such a change. Under current current 12.4% payroll tax to be in- and constructive—individual legisla- law, rates of return under Social Secu- vested. tors introduce reform proposals that rity are dropping. If you are a single The Thrift Savings Plan is a tested, could attract little support beyond the male, the chances are very good that workable way of generating investment original co-sponsors. But today we you will never get back the value of wealth for beneficiaries. It strikes a stand here with a proposal that has re- the contributions that you put in. The reasonable balance between providing ceived endorsements that have not situation is comparably grim for single good investment opportunities and lim- been given to other Social Security females—and for two-earner couples. iting individual risk. Perhaps most im- proposals in recent years. If we were to raise taxes to restore portantly, all Americans would have What have we done that has enabled the system to solvency—or, for that the opportunity to save for retirement us to build such support? matter, if we simply and mindlessly on a payroll deduction basis—not just The first thing we did was to take cut benefits—that situation would those who have pension plans, or who careful note of what Social Security grow far worse. More and more Ameri- have gone through the trouble of set- has meant to Americans, and what cans would be losing money through ting up IRAs. This will do a tremen- they insist that it mean in the future. the program. Ultimately, its political dous amount to provide investment Social Security has long been the prin- support would be imperiled. The basic wealth to the millions of Americans cipal government program lifting sen- societal consensus in favor of Social who have not thus far had the oppor- ior citizens out of poverty. In addition Security—based on the premise that it tunity to share in that wealth. to providing a basic level of protection treats everyone fairly—would be under- Our legislation would also permit in- against poverty, the program has also mined. dividuals to make $2,000 in extra vol- been sold to Americans as not a welfare So we must find another way to re- untary contributions—above the 2% program, but rather a program under store Social Security to health—and to automatically redirected for them—to which benefits paid will bear a reason- enable it to provide the kind of retire- these personal savings accounts. This able relationship to the contributions ment income that Americans have a means that we have created a vehicle that people have put in. right to expect from the program. through which net national savings So we set about to ensure that this I believe that it is imperative that we should increase. The more that individ- remained the case. We wanted to have begin to ‘‘pre-fund’’ the future liabil- uals contribute to their personal ac- a system that, in the end, would do an ities of Social Security. A ‘‘pay as you counts—the more retirement income even better job of lifting Americans go’’ system is not built for a demo- they will have—and the greater the out of poverty—and would, at the same graphic shift on the order of the baby chances that they will be able to retire time, ensure that people received a fair boom generation. A ‘‘pay as you go’’ early, just as is the case with other re- deal for the investment that they made system assumes that there is always a tirement saving. in the program. demographic pyramid—that each gen- This proposal is the most comprehen- Let me step back a bit, Mr. Presi- eration coming through at the bottom sive one developed to date. It has been dent, and review why action is nec- is more numerous than the generation scored by the Social Security actuaries essary to achieve this purpose. This re- that they are supporting above them. as achieving solvency through the next quires me to review the projections for But with the baby boomers coming century. Perhaps even more impor- Social Security under current law. through in such great numbers—and tantly, it eliminates the enormous fi- It is often said that Social Security having comparatively fewer kids—the nancing gap under current law. If we faces an actuarial problem. It is said pyramid looks more like a rectangle. enact this legislation, we will remove that the program is solvent only And the individuals at the bottom will the need for taxpayers to pony up hun- through the year 2032. That is true. But bear a crushing burden unless we re- dreds of billions of dollars, above pay- it does not begin to describe all of the duce some of it by putting additional roll taxes, in order to pay current bene- problems with the program. funding aside now. fits. Each year, the cash flow for the Even an actuarially sound Social Se- Fortunately, we have an opportunity system will be smooth and manageable, curity program would face enormous fi- to do this. We have projections of near- and there will be a much closer balance nancing problems under its current term budget surpluses—and we already between payroll tax revenue and the structure. It is a ‘‘pay as you go’’ sys- have short-term Social Security sur- benefits that must be paid from it. tem. Any surplus assets it holds are in- pluses. We are collecting money that Moreover, we have compared the re- vested in the federal government— the government does not need to meet sults of our plan with a plan that would which then has to pay it back at some current operations, and we are collect- simply balance the current system date in the future. So, even if the ing it through the Social Security sys- within the existing 12.4% tax rate. In books were balanced—and they are tril- tem. general, beneficiaries will receive much lions of dollars out of balance—the gen- The very first thing we should do is more income from our plan than they eral taxpayer would still face the prob- to give this extra money directly back would from a plan that simply bal- lem of paying off more than $4 trillion to taxpayers, allow them to own it anced the old system without personal in Trust Fund assets. This would be once again, and to fund a portion of accounts. S8246 CONGRESSIONAL RECORD — SENATE July 15, 1998 We have also compared the benefits ment and early retirement benefits. eligibility for full benefits to 70 in the that our plan would provide to bene- Under current law, an individual has year 2037 (for individuals turning 62 in ficiaries relative to current law, pre- little incentive to wait until normal the year 2029.) No one over the age of 31 suming that current benefits were retirement age, because the extra pay- would be affected by the full phase-in made whole with tax increases. A 2.2% roll taxes he pays during those years of this change. payroll tax hike to make the current will never fully be received back in At the same time, it must be noted— system actuarially sound was com- benefits. We would change this, so that we do not set an age for access to the pared with the income that individuals for each year an individual works, ben- personal retirement accounts. Our pro- would receive if they made 2.2% vol- efits would increase more sharply, and posal would allow people to retire on untary contributions to our personal work would be rewarded. these accounts once they are capable of accounts. Virtually across the board, We also would credit an individual providing a poverty-level annual bene- individuals would do much, much bet- for every year of earnings in the bene- fit—even if this earlier than early re- ter under our plan. fit formula. Right now, the Social Se- tirement age. This is an incentive for These are among the reasons why a curity system only calculates a benefit individuals to put more money into personal account system is so vital for based on the average of the highest 35 these accounts, and it provides them Social Security reform. Not only will years of earnings. Many reform propos- with flexibility on their age of retire- they remove some of the unfunded li- als would increase this number of ment that they do not have under cur- abilities of the federal government, but years, effectively reducing benefits. rent law. they will provide greater income to in- Our proposal also recognizes the neces- We would also require additional re- dividual beneficiaries. sity of increasing the number of com- forms to the Consumer Price Index, We have also carefully thought putation years in the denominator of and adjust the bend points in the So- through the relationship between per- this formula—but on the other hand, cial Security benefit formula in a pro- sonal account income and income we would credit an individual in the gressive manner, to gradually phase through the traditional Social Security numerator for every year of earnings, down the liabilities on the traditional system. I would like to comment about no matter how small. side as we move those benefits over some of what our legislation would ac- I am certain that my colleagues have into funded accounts. complish in this regard. received letters from senior citizens I would repeat: Personal accounts are Personal accounts, by their nature, who say, ‘‘I am working part-time at an indispensable component of a Social are not progressive. There is a direct the age of 64, but it is not among my Security reform program that delivers relationship between money put in and highest years of lifetime earnings. I more retirement income than merely benefits received. It is not redistrib- won’t get any credit for this in my So- balancing an unreformed system can uted from wealthy beneficiaries to cial Security benefits. Why not?’’ We possibly provide. But they will not needier ones. believe that we should reward all work, solve our long-term financing problems Accordingly, if we move towards a and this proposal would. We even would unless we use them to phase down the system that includes personal ac- have the minimum benefit guarantee unfunded liabilities of the old system. counts, benefits on the traditional side also depend on the total number of This means directly addressing the must be made more progressive if we years worked. If we enact this pro- growth of the unfunded benefits we are are ultimately to have a system that is posal, rewards for continued work promising to pay out, at the same time just as progressive, as a whole, as is would be greatly strengthened, and our that we are replacing them with funded our current one. We have done this country will benefit as a result. benefits. with our plan. At this point, I feel compelled to As a result, we believe our plan is the Our plan includes a new ‘‘minimum point out that there is no ‘‘free lunch’’ most fiscally responsible proposal yet benefit’’ poverty protection that would in Social Security reform. It is essen- devised. The net liabilities upon the strengthen the safety net for low-in- tial that we enact personal accounts, federal government in any year during come beneficiaries. If an individual but we must enact them in the right the baby boom retirement period— works for a full 40 years, we would way. whether you pick 2020, 2025, 2030, or be- guarantee that they will not retire in Our proposal would explicitly replace yond—would be significantly less than poverty. An individual becomes eligible unfunded benefits with funded benefits. under almost any other proposal. We for some of the protection after 20 We move part of the current payroll have avoided any and all tax in- years of work, and receives increased tax into personal accounts, to fund fu- creases—while at the same time avoid- protection for every quarter of work ture benefits. This only makes policy ed unseen financing costs above and be- after that. sense if we use such a change to reduce yond the explicit tax rates. Thus, for low-income beneficiaries, federal liabilities. If we set up personal We have also produced a proposal our plan would provide additional in- accounts—but leave all of the old, tra- that will give beneficiaries the oppor- come security, even without the per- ditional liabilities in place—we have tunity to generate more retirement in- sonal accounts. The personal account not achieved anything. Indeed, we come through self-directed invest- income would be a pure bonus for could make the financing problem ments, provide a Social Security sys- them. Even if they invest badly, their worse. tem that the economy can sustain, and basic protections will be secure—not So we gradually replace unfunded at the same time enhance protections only secure, but strengthened. benefits with funded ones. Every re- against the risk of poverty. In the short term, because of these sponsible proposal to move towards I want to thank my co-sponsors—es- protections, the Social Security sys- pre-funded benefits will be vulnerable pecially Senator JOHN BREAUX, Con- tem would become more progressive to the attack that it is ‘‘cutting’’ bene- gressman KOLBE, and Congressman than it is now. Ultimately, when the fits, even though in sum, total benefits STENHOLM—and their staffs, who have personal accounts have built up to be would be higher than under a ‘‘tradi- worked so closely with me and with my much larger, in the year 2050 or 2060, tional fix.’’ It is imperative that Con- staff throughout a long and difficult the progressivity of the system would gress and the public not buy into such process. be essentially what is now—the main misrepresentations as we undertake I also want to thank all others who difference being that individuals would Social Security reform. If we leave in are constructively participating in the have much more income. place all of the unfunded liabilities, Social Security reform debate. We have We also did much to correct the and all of the old unfunded benefit made it this far without turning this flawed incentives of the current sys- promises, then we will leave in place critical issue into a partisan shooting tem. We eliminate the earnings test all of the projected tax increases as match. I am pleased that the President above the normal retirement age—a well. has remained open to various proposals disincentive for continued work. For example. Our proposal would, in for reform, and we have been reaching We would also increase the delayed order to prevent the traditional system out to him to explain our ideas. I am retirement credit, and restore the prop- from posing an ever-increasing burden also appreciative that Senators MOY- er relationship between normal retire- on taxpayers, gradually raise the age of NIHAN and KERREY have also produced July 15, 1998 CONGRESSIONAL RECORD — SENATE S8247 an actuarially sound proposal, and that system. Workers could pick from a lim- As the American people learn more discussions of the differences between ited number of investment funds deal- about the issue of Social Security re- our proposals have been made on a con- ing in stocks, government bonds, or a form, public opinion on the issue of pri- structive basis. I would extend a simi- combination of the two, much like the vate accounts has clearly shifted. De- lar appreciation for a number of other Thrift Savings Plan available to mem- pending on how the question is Senators who are exploring this issue bers of Congress and federal employees. phrased, between 60 and 80 percent of seriously—everyone from Congressmen The benefits of current retirees and Americans now say they favor letting MARK SANFORD and NICK SMITH, to Sen- workers age 55 or older would not be af- workers invest some portion of their ators ROTH, SANTORUM and PHIL fected by the private accounts, and Social Security tax payments. Most of GRAMM in our own chamber.∑ benefits to survivors of deceased work- the current reform plans have an ele- ∑ Mr. THOMPSON. Mr. President, I am ers and the disabled would also be pro- ment of private investment, and I am delighted to join my colleagues today tected. pleased that several of our Democratic as an original cosponsor of an exciting Meanwhile, Gregg-Breaux would colleagues in the Senate have openly new proposal to reform Social Secu- make changes to the remaining pay-as- endorsed them. rity. you-go system to bring it into actuar- In my view, reforming Social Secu- We all know that the Social Security ial balance. It would accelerate the rity is the most significant political program gets in serious financial trou- scheduled increase in the retirement issue on the horizon for the foreseeable ble when the Baby Boomers start retir- age, raising the age for full benefits to future, and I am encouraged that the ing early in the next century. The So- 70 and the age for early retirement ben- American people and elected officials cial Security actuaries tell us that, efits to 65 by 2029. It would reduce the on both sides of the aisle recognize its just 15 years from now, in 2013, Social Consumer Price Index by half a per- importance to our nation’s continued Security will begin paying out more in centage point so that it more accu- prosperity. History has shown us that benefits than it receives in taxes and rately reflects the rate of inflation, and an issue of this magnitude can only be will have to begin redeeming the treas- it would scale back benefits to wealthi- addressed successfully through a bipar- ury bonds issued to the Trust Funds. er retirees, who are likely to fare bet- tisan process. The Gregg-Breaux plan is By 2032, the Trust Funds will be ex- ter with their individual accounts. Un- a thoughtful approach to reform, and I hausted, and the program will be run- like several of the proposals that are expect it to wield considerable influ- ning annual cash deficits of hundreds on the table, however, the Gregg- ence in shaping the important debate of billions of dollars. Breaux plan does not raise taxes, pe- that lies ahead.∑ As more and more people become riod. In fact, the payroll tax is reduced ∑ Mr. COATS. Mr. President, I rise aware of these financial realities, So- from 12.4 to 10.4 percent and never rises today as a cosponsor of the sweeping cial Security has quickly ceased to be above 10.4 percent again. Social Security Legislation introduced the untouchable third rail of politics. Some groups continue to insist that by my colleagues—Senators GREGG and In my view, it should soon become the only minor adjustments are needed to BREAUX. The ‘‘21st Century Retirement brass ring of politics. Entitlement re- put Social Security back on sound fi- Security Plan of 1998’’ is designed to form is one of the greatest challenges nancial footing. What they often won’t strengthen Social Security now, en- our nation faces, and we should all be tell you is that all of these adjust- courage personal savings, and expand reaching for the solution that will en- ments would either raise taxes or cut the availability of private pension able Social Security to provide for our benefits. For me, it’s clear that ‘‘re- plans. grandchildren like it did for our grand- forming’’ Social Security in this way Senators GREGG and BREAUX recently parents. will no longer suffice. These kinds of co-chaired the National Commission on Fortunately, right now we have a traditional reforms were last used by Retirement Policy. This bipartisan tremendous window of opportunity for the 1983 Greenspan Commission to commission of lawmakers, economists, real reform. Our economy is strong; the ‘‘fix’’ Social Security for 75 years. pension experts, and businessmen re- federal budget is balanced for the first Today, we know the program will be in leased a report calling for legislation time in 30 years; and the Congressional trouble again in 2013, when tax reve- including, among other things, per- Budget Office is actually projecting nues are no longer sufficient to pay sonal savings accounts and a gradual budget surpluses each year for the next promised benefits. increase in the retirement age. The decade. Just as important, the 76 mil- Instead of taxing Americans at ever- ‘‘21st Century Retirement Plan’’ imple- lion Baby Boomers are still in the higher rates while scaling back their ments both these provisions and aims workforce paying taxes into the Social retirement benefits, our goal should be to serve a two-fold purpose: It Security system. If we wait until this to enable all workers to accumulate a strengthens the Social Security sys- enormous group stops paying taxes and level of wealth that will allow them to tem—ensuring payment to all of the instead begins drawing benefits, the retire with a basic level of economic hard-working Americans that have fixes will have to be much more severe. security. That’s why private accounts paid into it. And it expands opportuni- Over the past 15 months, Senators are a central part of the plan I support. ties for private retirement savings— JUDD GREGG and JOHN BREAUX, along Private accounts would give work- which will provide Americans with with Congressmen JIM KOLBE and ing-class Americans the same access to more options to save and invest in CHARLES STENHOLM, have served as the power of compound interest that their future. congressional co-chairmen for the Na- the rich enjoy today. This notion terri- As we approach the dawn of the 21st tional Commission on Retirement Pol- fies those who want to keep workers as century, it is common knowledge that icy, sponsored by the Center for Strate- dependent on government as possible, the aging baby boom will create huge gic and International Studies. This 24- but more and more people acknowledge financial problems for future genera- member group of politicians, business- that private accounts are the best way tions. Without changes, the Social Se- men, and policy experts developed and to simultaneously solve the two crises curity trust funds will be unable to pay unanimously approved a broad proposal facing Social Security—the impending full benefits beginning around the year for reforming Social Security. The insolvency of the program due to enor- 2030. Therefore, a thirty-eight year old Senators and Congressmen then crafted mous demographic shifts, and the individual, making an average wage, bipartisan legislation based on the lower and lower rates of return for will have to live until the age of 91 to commission’s recommendations. each new generation of workers. First, get back what he paid into the system. The outline of the Gregg-Breaux plan private accounts would allow younger This is not the time to propose patch- is simple. It would reduce the Social workers to take advantage of the high- work solutions to this problem, but Security payroll tax by 2 percentage er returns available to private invest- rather to seize this unique opportunity points and divert the money into a ment. Second, because these workers to restructure the entire system. I be- mandatory savings account for every would be giving up some of their future lieve that this legislation is a logical worker under age 55. The accounts claims on traditional Social Security first step toward achieving that goal. would supplement—not replace—bene- benefits, the unfunded liability of the President Clinton has also jumped on fits guaranteed through the traditional program would be reduced. the save Social Security bandwagon, S8248 CONGRESSIONAL RECORD — SENATE July 15, 1998 although his plan is to sit back and in return for testimony on the theory S. 2315. A bill to amend the Public wait until we have three or four ‘‘na- that leniency is a form of bribery. De- Health Service Act, Employee Retire- tional town meetings’’ to discuss the fense attorneys across the country ment Income Security Act of 1974, and ramifications of changing the system. have already begun to jump on the Sin- titles XVIII and XIX of the Social Se- Coincidentally, those meetings con- gleton bandwagon. In my state, Ver- curity Act to require that group and clude at the end of this year—which mont, the decision has already trig- individual health insurance coverage just happens to be an election year. gered new motions in a major drug and group health plans and managed This epitomizes the lack of courage of smuggling case involving a billion dol- care plans under the medicare and the part of most of our elected offi- lars worth of hashish. The defendant, medicaid programs provide coverage cials. Martin Scott, is scheduled to go to for hospital lengths of stay as deter- This legislation will save the Social trial in September, and the govern- mined by the attending health care Security system through the next cen- ment’s evidence includes testimony by provider in consultation with the pa- tury without raising taxes. In fact, cooperating codefendants. Scott has tient; to the Committee on Labor and under this plan, taxpayers would be now moved to exclude this testimony Human Resources. able to invest 2 percent of their current on the ground that it was obtained un- HOSPITAL LENGTH OF STAY ACT OF 1998 payroll tax in private savings accounts lawfully in return for government Mr. FEINSTEIN. Mr. President, modeled after the Government’s thrift promises of leniency, citing Singleton. today Senator D’AMATO, Senator FORD savings plan. This change would not af- If this controversial decision stands, and I are introducing a bill to require fect current retirees, but would rather prosecutors would be exposed to the health insurance plans to cover the assist current tax-paying Americans threat of felony liability and discipli- length of hospital stay for any proce- preparing for their retirement. As a nary action just for doing their jobs. In dure or illness as determined by the at- tax-paying American, I trust myself to addition, this decision could result in a tending physician, in consultation with manage my money much more than I tidal wave of reversals and suppression the patient, to be medically appro- trust the Federal Government to pro- rulings in cases involving cooperator priate. vide for my future. testimony. This bill will return medical deci- This allocation of part of the payroll I was relieved to see that the Tenth sion-making to medical professionals tax would be offset by our current Circuit acted swiftly to vacate the because it is time to stop insurance budget surplus and a gradual rise of the panel decision and set the case down plans’ interference into this important retirement age from 67 to 70 by 2029. for en banc rehearing in November, and area of physician decision-making. Further, these accounts would provide I am confident that the ruling will It is endorsed by the American Medi- a higher rate of return for recipients. eventually be thrown out—but not be- cal Association, the American College This would, as provided by the bill, fore the issue has been raised and re- of Surgeons, the American College of lower guaranteed Social Security pay- litigated at every turn in every district Obstetricians and Gynecologists, the ments and ease the burden on the sys- and circuit court in the land. At a min- American Academy of Neurology and tem. imum, this will delay trials, squander the American Psychological Associa- This plan improves retirement secu- scarce judicial resources, and generally tion. Only a physician, taking care of rity and protects future generations by waste everyone’s time. the patient who understands the pa- strengthening the safety-net aspect of We need to insure that prosecutors tient’s history, medical condition and the Social Security system and provid- have the tools they need to do their needs, can make a decision on how ing Americans more options for savings jobs effectively, and being able to enter much hospital care a person needs. and investment. The ‘‘21st Century Re- into cooperation agreements is criti- Physicians are trained to evaluate all tirement Security Plan of 1998’’ con- cal. That’s why I am introducing legis- the unique needs and problems of each tains the courage and common sense lation today to make crystal clear that individual patient. Every patient is dif- necessary to save our children and our prosecutors and other public officials ferent and the course of illness has children’s children from the economic acting in the performance of their offi- great variation. strife that is bound to arise if we do cial duties may enter cooperation Lengths of stay should not be deter- not address this impending problem.∑ agreements and make other such com- mined by insurance company clerks, mitments, assurances and promises in actuaries or non-medical personnel. It By Mr. LEAHY: return for truthful testimony. is the attending physician, not a physi- S. 2314. A bill to clarify that prosecu- I look forward to working with my cian or other representative of an in- tors and other public officials acting in colleagues on this matter, and ask surance company, that should decide the performance of their official duties unanimous consent that the bill be when to admit and discharge someone. may enter into cooperation agreements printed in the RECORD. Professional physician organizations and make other commitments, assur- There being no objection, the bill was develop practice guidelines that guide ances, and promises, as provided by law ordered to be printed in the RECORD, as them in determining medical neces- in consideration of truthful testimony; follows: sity. These are intended as guidance to the Committee on the Judiciary. S. 2314 and are medical judgments made by PROSECUTORS’ COOPERATION AGREEMENTS Be it enacted by the Senate and House of Rep- qualified medical people. Physicians resentatives of the United States of America in CLARIFICATION LEGISLATION know what medical necessity and gen- Mr. LEAHY. Mr. President, earlier Congress assembled, erally accepted medical practice are. this month, a three-judge panel of the SECTION 1. CLARIFICATION OF PROSECU- We are introducing this bill because Tenth Circuit decided United States v. TORIAL AUTHORITY. Section 201 of title 18, United States Code, we have had a virtual parade of doctors Singleton, in which it found that the is amended— come to us and in essence say, ‘‘We are prosecutor had violated the federal gra- (1) in subsection (c)— fed up. We spend too much of our time tuity statute and a state ethics rule by (A) by redesignating paragraphs (2) and (3) trying to justify our decisions on medi- entering a plea agreement with a co- as paragraphs (3) and (4), respectively; cal necessity to insurance companies. operating defendant that made certain (B) by striking ‘‘Whoever’’ and all that fol- lows through ‘‘otherwise than’’ and inserting Insurance company rules have sup- promises in exchange for the coopera- ‘‘Whoever, otherwise than’’; planted doctor decision making.’’ tor’s truthful testimony at trial. The (C) by redesignating subparagraphs (A) and Donna Damico, a nurse in a Mary- promises in question were the sort of (B) as paragraphs (1) and (2), respectively, land psychiatric unit of a hospital, told plain vanilla promises that appear in and indenting appropriately; and (D) in paragraph (1), as so designated, by National Public Radio on October 1, virtually every cooperation agreement, 1997: and are the lifeblood of bringing suc- striking ‘‘or’’ at the end; and (2) in subsection (d), by striking ‘‘para- I spend my days watching the care on my cessful prosecutions. graphs (2) and (3)’’ and inserting ‘‘paragraphs unit be directed by faceless people from in- As a former prosecutor, I found this (3) and (4)’’. surance companies on the other end of the decision bizarre and dangerous. In ef- phone. My hospital employs a full-time nurse fect, it makes it illegal—a federal fel- By Mrs. FEINSTEIN (for herself, whose entire job is to talk to insurance re- ony—for prosecutors to offer leniency Mr. D’AMATO, and Mr. FORD): viewers. . . . The reviewer’s background can July 15, 1998 CONGRESSIONAL RECORD — SENATE S8249 range anywhere from high school graduate bers must deflate and inflate by using terminations of medical necessity . . . to nurse, social worker or even actual physi- a needle. Family members are supposed without regard to physician determina- cians. to suction the patient’s mouth and tions or scientific or clinical protocols A number of examples have come to throat before they deflate the cuff. . . . .,’’ according to the January 19, my attention: Families, she stressed, are providing 1998 American Medical News. In 1996, we addressed the problem of intensive care, for which they are un- A study by the American College of ‘‘drive-through’’ baby deliveries, insur- prepared and untrained. Bedrooms have Surgeons found that guidelines pub- ance plans covering minimal hospital become hospital rooms. lished by Milliman and Robertson and stays for newborns and their mothers Another California physician told us used by many insurers represent a min- because of examples like this: One Cali- about a patient who needed total hip imum length of stay, compared with fornia new mother was readmitted replacement because her hip had failed. surgeons’ estimates. after a Caesarean section because of se- The doctor believed a seven-day stay A study by the American Academy of vere anemia from excessive blood loss. was warranted; the plan authorized Neurology found that the Milliman and She didn’t know how much blood loss five. Robertson guidelines on length of stay was normal after a delivery. Two Cali- Rep. GREG GANSKE, a physician serv- are ‘‘extraordinarily short in compari- fornia women were readmitted after ing in the House, told the story of a son to a large National Library of Med- vaginal deliveries with endometritis, six-year-old child who nearly drowned. icine database . .. And that [the guide- an infection of the uterus. The child was put on a ventilator and lines] do not relate to anything resem- We’ve had examples of ‘‘drive- it appeared that he would not live. The bling the average hospital patient or through’’ mastectomies, insurance hospital got a call from the insurance attending physician . . . .’’ The neurolo- plans shoving women out the door to company, asking if the doctor had con- gists found that these guidelines were deal on their own with drainage tubes, sidered sending the boy home because ‘‘statistically developed,’’ not scientif- pain and disfigurement. S. 249, which I home ventilation is cheaper. ically sound or clinically relevant. introduced with Senator D’AMATO last These cases can be summarized in the A study in the April 1997 Bulletin of year, addresses that abuse and we are comments of a Chico, California, ma- the American College of Surgeons trying to get it passed. ternity ward nurse: ‘‘People’s treat- found that surgeons stated that the ap- A California pediatrician told us of a ment depends on the type of insurance propriate length of stay for an appen- child with very bad asthma. The insur- they have rather than what’s best for dectomy is zero to five days, while in- ance plan authorized 3 days in the hos- them.’’ surance industry guidelines set a spe- pital; the doctor wanted 4–5 days. He As these cases illustrate, premature cific coverage limit of one day. told us about a baby with infant botu- discharges can increase readmissions According to 134 interviews reported lism (poisoning), a baby with a toxin and medical complications. During the in the March 15, 1998 Washington Post, that had spread from the intestine to ‘‘drive-through delivery’’ debate, we 7 in 10 physicians said, in dealing with the nervous system so that the child heard about babies who were jaundiced managed care plans, they have exag- could not breathe. The doctor thought and dehydrated and had to come back gerated the severity of an patient’s a 10–14 day hospital stay was medically to the hospital. condition to ‘‘prevent him or her from necessary for the baby; the insurance Similarly, as reported in American being sent home from a hospital pre- plan insisted on one week. Medical News on March 23, 1998, ac- maturely.’’ Dr. David Schriger, at A California neurologist told us cording to Dr. David Phillips, ‘‘a shift UCLA Medical Center in Los Angeles, about a seven-year-old girl with an ear toward outpatient treatment actually said that he routinely has patients, infection who went to the doctor fever- has come at quite a high price . . . an such as a frail, elderly woman with the ish. When her illness developed into increased loss of lives.’’ This Univer- flu, who is not in imminent danger, but pneumonia, she was admitted to the sity of California study found that could encounter serious problems if she hospital. After two days she was sent medication errors are 3 times higher is sent home during the night. He told home, but she then returned to the hos- among outpatients than inpatients; the Post, ‘‘At this point I have to fig- pital three times because her insurance that medications side effects provides ure out a way to put her in the hos- plan only covered a certain number of limited oversight by medical personnel pital. . . And typically, I’ll come up days. The third time she returned she and that the patient-physician rela- with a reason acceptable to the in- had meningitis which can be life tionships is compromised. surer,’’ and orders a blood test and threatening. The doctor said that if Ms. Damico said, ‘‘Patients return to chest x-ray, to justify admission. this girl had stayed in the hospital the us in acute states because their insur- The Post article also cited Kaiser first time for five to seven days, the ance will no longer pay the same Permanente’s Texas division which antibiotics would have killed the infec- amount for their outpatient treatment ‘‘warned doctors in urgent care centers tion and the meningitis would never . . . [They] deteriorate to the point of not to tell patients they required hos- have developed. suicidal thoughts or attempts and need pitalization, as one Kaiser adminis- A 27-year-old man from central Cali- to return to the hospital.’’ She cited trator recalled. ‘‘We basically said [to] fornia had a heart transplant and was the example of a suicidal woman whose the UCC doctors, ‘If you value your job, forced out of the hospital after 4 days plan denied a hospital admission re- you won’t say anything about hos- because his HMO would not pay for quested by her physician. After the pitalization. All you’ll say is, I think more days. He died. doctor told her of the denial, she took you need further evaluation . . . .’’’ Nurses in St. Luke’s Hospital, San twenty 50-milligram tabs of Benadryl, Ms. Damico, the psychiatric nurse Francisco, say that women are being was then admitted, and the plan then interviewed on NPR said, ‘‘Our utiliza- sent home after only two nights after a had to pay for hospital care, an ambu- tion review nurse gives all of us, in- hysterectomy and two nights for a Cae- lance and emergency room fees. cluding the doctors, good advice on sarean section delivery, both of which So not only do premature discharges how to chart so that our patients’ care are major abdominal surgeries, even compromise health, they ultimately will be covered . . . We all conspire though physicians think the women cost the insurer more. quietly to make certain the charts are not ready to go home.. Physicians say they battle daily with look and sound bad enough.’’ Just last week Lisa Breakey, a San insurance companies to give patients The American College of Surgeons Jose speech pathologist, came to my the hospital care they need and to jus- wrote: ‘‘We believe very strongly that office and told us that she is providing tify their decisions on medical neces- any health care system or plan that re- home healthcare for stroke patients sity. moves the surgeon and the patient she used to see in the hospital. She sees An American Medical Association re- from the medical decision-making patients in their homes who have G view of a managed care contract process only undermines the quality of tubes in their stomachs for feeding and (Aetna US Healthcare) found that the that patient’s care and his or her trach tubes in their throats for breath- contract gives ‘‘the company the uni- health and well being . . . . specific, sin- ing. The trach tubes have an inflated lateral authority to change material gle numbers [of days] cannot and balloon or cuff which a family mem- terms of the contract and to make de- should not be used to represent a S8250 CONGRESSIONAL RECORD — SENATE July 15, 1998 length of stay for a given procedure.’’ provide care inconsistent with these require- What few people seem to recognize, how- (April 24, 1997) ACS on March 5 wrote, ments. ever, is that these problems are not limited ‘‘We believe very strongly that any Includes language clarifying that—nothing to new mothers and breast cancer patients. health care system or plan that re- in the bill requires individuals to stay in the Indeed, thousands of patients whose illnesses hospital for a fixed period of time for any do not occupy a high profile on the nation’s moves the surgeon and the patient procedure; plans may require copayments health care agenda face the same dilemma. A from the medical decision making but copayments for a hospital stay deter- variety of factors—such coexisting illnesses, process only undermines the quality of mined by the physician cannot exceed copay- the optimum treatment method selected, that patient’s care and his or her ments for any preceding portion of the stay. complications arising during the operation, health and well being.’’ Does not pre-empt state laws that provide and differences in response to the treat- The American Medical Association greater protection. ment—can vary significantly among individ- wrote on May 20, 1998, ‘‘We are grati- Applies to private insurance plans, Medi- ual patients, making it impossible to accu- care, Medicaid and Medigap. rately or precisely predict the appropriate fied that this bill would promote the length of stay for a given procedure. Such fundamental concept, which the AMA AMERICAN MEDICAL ASSOCIATION, factors may also determine the appropriate has always endorsed that medical deci- May 20, 1998. site for performing a particular operation or sions should be made by patients and Hon. , procedure. Despite these important consider- their physicians, rather than by insur- U.S. Senate, Washington, DC. ations, efforts to restrain growth in spending ers or legislators . . . We appreciate DEAR SENATOR FEINSTEIN: On behalf of the for health care services, although a legiti- your initiative and ongoing efforts to American Medical Association (AMA), we mate concern, are coming into conflict with individual patient needs. protect patients by ensuring that phy- would like to express our support for your draft legislation the ‘‘Hospital Length of We need to view the issue of length-of-stay sicians may identify medically appro- Stay Act of 1998’’. We hope you introduce coverage limits from a broader perspective priate lengths of stay, unfettered by this legislation that would require coverage than we have in the past. Congress, state leg- third party payers.’’ of an inpatient’s hospital stay to the extent islatures, and the managed care industry The American Psychological Associa- determined medically appropriate by the at- have acted on a procedure-specific basis in tion, on March 4, 1998 wrote me, ‘‘We tending physician in consultation with the response to concerns raised about coverage are pleased to support this legislation, patient. limits placed on maternity care and mastec- which will require all health plans to We are gratified that this bill would pro- tomy operations. But, it is time to take the mote the fundamental concept, which the next step. follow the best judgment of the patient Senator Feinstein’s legislation, the ‘‘Hos- and attending provider when determin- AMA has always endorsed, that medical deci- sions should be made by patients and their pital Length of Stay Act’’ would take this ing length of stay for inpatient treat- physicians rather than by insurers or legisla- step by proposing to protect medical deci- ment.’’ tors. As you may know, on several occasions sionmaking on behalf of all patients. The Americans’ faith in their medical the AMA has supported legislative initia- legislation specifies that decisions about the system has plummeted as almost daily tives that would require coverage on a diag- medical appropriateness of a hospital length we hear of more horror stories of care nosis by diagnosis basis for medically appro- of stay should be determined by the attend- ing physician, in consultation with the pa- denied and HMO hassles. Arbitrary in- priate minimum lengths of stay. While those bills have moved us in the right direction, tient. Further, the legislation would prohibit surance company rules cannot address health plans from penalizing patients, physi- the subtleties of medical care. A March this legislation would take us where we want to be. cians, or hospitals for following through on 1998 U.S. News and Kaiser Family We appreciate your initiative and ongoing these medical decisions. The American College of Surgeons believes Foundation survey found that three in efforts to protect patients by ensuring that strongly that, for all surgical patients, the four Americans are worried about their physicians may identify medically appro- responsibility for making the decisions to health care coverage and half say they priate lengths of stay, unfettered by third operate, what type of operation the patient party payors. We offer you our assistance in are worried that doctors are basing should have, and how long the patient stays helping to enact this legislation. treatment decisions strictly on what in the hospital following the operation must Sincerely, insurance plans will pay for. rest with the surgeon and the patient. The LYNN E. JENSEN, The bill we introduce today begins to College has always encouraged its members Interim Executive Vice President. address some of these problems. I am to keep their patients’ length of stay as short as possible. However, we do believe also a cosponsor of the Patient Bills of AMERICAN COLLEGE OF SURGEONS, very strongly that any health care system or Rights (S. 1890) and the Patient Access July 15, 1998. to Responsible Care Act (S. 644), bills plan that removes the surgeon and the pa- STATEMENT: POSTOPERATIVE LENGTHS OF tient from the medical decision-making proposing comprehensive reforms. HOSPITAL STAY I hope these initiatives will send a process only undermines the quality of that EDWARD R. LAWS, Jr., MD, FACS, patient’s care and his or her health and well- strong message to the health insurance Member of the Board of Regents, being. industry and return medical decision- American College of Surgeons. Once again, we congratulate Senator Fein- making to those medical professionals On behalf of the American College of Sur- stein and Senator D’Amato for their coura- trained to make those decisions. geons, I would like to commend Senator geous efforts on behalf of quality patient Mr. President, I ask unanimous con- Feinstein for her continuing concern for care. The College looks forward to working sent that a summary of the bill and high-quality patient care. In particular, I closely with them and their colleagues in the letters in support be printed in the want to praise her and her cosponsor, Sen- House of Representatives, including Con- ator D’Amato, for their most recent effort to gressman Tom Coburn and Congresswoman RECORD. protect patients by introducing legislation Rosa DeLauro, to ensure swift passage of There being no objection, the items to ban the practice of imposing arbitrary this important legislation. were ordered to be printed in the coverage limits on hospital length of stay— The American College of Surgeons is a sci- RECORD, as follows: a practice that is currently being used by entific and educational organization of sur- SUMMARY OF THE HOSPITAL LENGTH OF STAY some third-party payers. geons that was founded in 1913 to raise the ACT OF 1998 The issue of ‘‘drive-through’’ maternity standards of surgical practice and to improve Requires plans to cover hospital lengths of care, followed more recently by the issue of the care of the surgical patient. The College stay for all illnesses and conditions as deter- outpatient mastectomy operations, clearly is dedicated to the ethical and competent mined by the physician, in consultation with illustrate the patient care problems that are practice of surgery. Its achievements have the patient, to be medically appropriate. created when third-party payers set a spe- significantly influenced the course of sci- Prohibits plans from requiring providers cific number of days as the appropriate entific surgery in America, and have estab- (physicians) to obtain a plan’s prior author- length of stay for a given procedure. For lished it as an important advocate for all ization for a hospital length of stay. some maternity and breast cancer patients, surgical patients. The College has more than Prohibits plans from denying eligibility or the outpatient setting may well be medically 62,000 members and is the largest organiza- renewal for the purpose of avoiding these re- appropriate and personally preferred, but for tion of surgeons in the world. quirements. many others this certainly is not the case. Prohibits plans from penalizing or other- As many state and federal legislators have wise reducing or limiting reimbursement of come to realize, each of these patients has AMERICAN COLLEGE OF SURGEONS, the attending physician because the physi- her own set of unique medical problems and March 5, 1998. cian provided care in accordance with the re- related issues, and it is inappropriate to ex- Hon. DIANNE FEINSTEIN, quirements of the bill. pect them to conform to cost containment U.S. Senate, Washington, DC. Prohibits plans from providing monetary goals that were designed with the ‘‘opti- DEAR SENATOR FEINSTEIN: On behalf of the or other incentives to induce a physician to mum’’ patient in mind. 62,000 Fellows of the American College of July 15, 1998 CONGRESSIONAL RECORD — SENATE S8251 Surgeons, I want to commend you for intro- will review and consider as the debate on The most discouraging aspect of this ducing the ‘‘Hospital Length of Stay Act of this important issue continues throughout privatization proposal is the impact 1998.’’ Your legislation will contribute sig- this legislative session. this deal will have on jobs. The admin- nificantly to the effort to educate Congress Sincerely, istration has tried to put a positive and the public about the practice of impos- STEVEN P. RINGEL, ing arbitrary coverage limits on hospital President. spin on things by claiming that only length of stay that do not take into account 600 jobs would be lost over the next 2 an individual patient’s unique health care AMERICAN PSYCHOLOGICAL ASSOCIATION, years. Unfortunately, this may be the needs. March 4, 1998. tip of the iceberg, because after the For all surgical patients, the responsibility Senator DIANNE FEINSTEIN, first 2 years, the administration has for making the decision to operate, the type Washington, DC. made no guarantees on the number of of operation, and how long the patient stays DEAR SENATOR FEINSTEIN: On behalf of the jobs that might be lost. In fact, after in the hospital following the operation must American Psychological Association, I am reading the fine print of this agree- rest with the surgeon and the patient. The writing to thank you for your sponsorship of College has always encouraged its members the Hospital Length of Stay Act of 1998. We ment, union and community leaders to keep their patients’ length of stay as are pleased to support this legislation, which feel that closure of one of the two short as possible. However, we believe very will require all health plans to follow the plants is a very real possibility. This strongly that any health care system or plan best judgment of the patient and attending could result in the loss of nearly 2,000 that removes the surgeon and the patient provider when determining length of stay for jobs. Without some efforts to mitigate from the medical decisionmaking process inpatient treatment. the job losses, these communities will only undermines the quality of that pa- We appreciate your sensitivity to our con- be economically devastated. tient’s care and his or health and well being. cerns over the reality that psychologists in The second item of concern is that Once again, we appreciate your continuing many states are attending providers under the Department of Energy—and tax- concern, and congratulate you on introduc- their state license and scope of practice. Ac- ing legislation that acknowledges the impor- cordingly, your bill extends this quality of payers—will be stuck with an unfunded tance of preserving the surgeon-patient rela- care protection to the patients of psycholo- environmental liability. As you may tionship and ensuring that they are able to gists as well as ‘‘physicians’’, as did the know, under the terms of the USEC exercise their responsibility for making med- Coburn-Strickland amendment to the House Privatization Act of 1996, the respon- ical treatment decisions. Commerce Committee version of the Bal- sibility for the treatment and disposal Sincerely, anced Budget Act last year. of the uranium waste will be trans- PAUL A. EBERT, There is obviously enormous public inter- ferred from USEC to the Department of Director. est in having Congress act this year to pass Energy. To prepare for this reality, enforceable federal standards of consumer AMERICAN ACADEMY OF NEUROLOGY, protection in managed care. Our members USEC has collected nearly $385 million April 22, 1998. are also supportive of a bill that you have from its customers for the specific pur- Hon. DIANNE FEINSTEIN, cosponsored, the Patient Access to Respon- pose of cleaning up their environ- Attn: Glenda Booth and Ann Garcia, Washing- sible Care Act (S. 644), and we are very ap- mental liability. Unfortunately, the ton, DC. preciative of your visible involvement in this administration’s proposal only pro- DEAR SENATOR FEINSTEIN: The American issue. The Hospital Length to Stay Act ad- vides $50 million of that total to be Academy of Neurology, an association of dresses another important issue that should over 15,000 neurologists, has been in the fore- used to address this problem, while the be addressed in this debate and we commend remaining $335 million is due to be de- front of discussions and debate concerning you for taking it on. the necessary protections that should be af- Sincerely, posited into the General Treasury. forded our patients in a health care environ- MARILYN S. RICHMOND, Mr. President, there are two prob- ment increasingly dominated by corporate Assistant Executive Director for lems with this scenario. First, I fail to and managed care structures. We believe Government Relations. see the logic behind the decision to use that it is imperative that patients, who often only one-eighth of the money which feel powerless in today’s health care environ- By Mr. MCCONNELL (for himself has been collected for the purpose of ment, be protected through the implementa- and Mr. DEWINE): addressing the nuclear waste at the tion of basic health care standards including S. 2316. A bill to require the Secretary of such protections as appropriate health plan USEC plants. Second, the administra- Energy to submit to Congress a plan to en- tion’s plan calls for the $50 million to disclosure, adequate choice of plans and pro- sure that all amounts accrued on the books viders, and appropriate grievance processes. of the United States Enrichment Corpora- be given to USEC, Inc.—the private Your bill, the Hospital Length of Stay Act tion for the disposition of depleted uranium corporation. Why should we, as legisla- of 1998, contains many of the elements that hexafluoride will be used to treat and recycle tors, allow the government to give a we deem important, especially its fundamen- depleted uranium hexafluoride; read the first $50 million handout to a private cor- tal premise to protect and preserve the pa- time. poration to clean up a Federal entity’s tient and provider relationship. Physicians need to be allowed to exercise their decision- UNITED STATES ENRICHMENT CORPORATION mess when $385 million is already making without obstruction when they con- PRIVATIZATION available for environmental clean up? sult with their patients concerning the ap- Mr. MCCONNELL. Mr. President, I What is worse, the administration’s propriate treatment or care for their health rise today to introduce a must-pass plan will add to the tens of thousands care condition. piece of legislation to ensure that the of canisters of depleted uranium A survey by the National Coalition on Department of Energy is not stuck hexafluoride already stored at the Health Care found that 80% of Americans be- with a massive unfunded mandate as a plants, further expanding the environ- lieve that their quality of care is often com- result of privatizing the United States mental problems of the plants and the promised to save money. Many Americans feel insecure about their health care plan Enrichment Corporation. I am pleased cost to clean up this site for the De- and question whether or not the plan will to be joined by Senator DEWINE who is partment of Energy. take care of them when they really need it an original cosponsor of this legisla- Mr. President, I am not one to look a such as when they become hospitalized. It is tion. gift horse in the mouth, but this deal is out of this demonstrated national concern Last month, the administration, the not good for Kentucky and is an abro- that the President of the United States as Department of Energy, and the USEC gation of the Federal Government’s re- well as several leading medical societies, Board came to a decision on how they sponsibility to clean up this nuclear such as the Academy, are now calling on intend to privatize the USEC. This mess. We need to ensure that the tax- members of Congress to implement national health care standards or more commonly deal, which was struck in secret, is a payers and the workers at these facili- known as consumer ‘‘bill of rights’’. complicated and confusing matter that ties get a better deal than what is The Academy applauds and endorses your I am only just beginning to under- being offered. That is why I have intro- bill as a bill of rights component and we stand. The facts, I have discovered, are duced this legislation to ensure that all hope that this is one of many steps that will not welcome news to the communities the funds raised and earmarked for the be taken by you and your colleagues in help- of Paducah, Kentucky, and Ports- clean up of USEC’s environmental leg- ing us to be able to confidently tell our pa- mouth, Ohio, where the two USEC gas- acy will remain available for that tients that their health care plan will take eous diffusion plants are located. These purpsoe—and that purpose only. This care of them when they are sick or are in need of health care. facilities employ approximately 4,000 bill mandates that the administration I have included a copy of the Academy’s people, making them the largest em- hold these earmarked funds until the patient protection statement that I hope you ployers in those regions. Secretary of Energy submits a plan and S8252 CONGRESSIONAL RECORD — SENATE July 15, 1998 legislation to implement and operate a States Enrichment Corporation (USEC), the Department of Energy who will inherit facility to cleanup the nuclear waste at which will revert to DOE ownership upon the disposition responsibility for wastes that Paducah and Portsmouth. Once this privatization of USEC, must also be consid- were created by USEC between July 1, 1993 ered in any plans. plan is submitted, then the funding can and the date of privatization. USEC has ac- An estimated $480 million has been accrued crued approximately $400 million on its bal- flow to clean up this environmental by USEC since 1993 in order to offset the cost ance sheet to cover the disposition costs of nightmare. of the future conversion of DUF6 generated this waste. This bill will ensure that taxpayers by USEC. DOE should work with Congress Approximately $1.2 billion is presently in a aren’t stuck with an unfunded mandate now to ensure this fund is not diverted into revolving fund account in USEC’s name at and makes a commitment to the com- the federal treasury for an unrelated use. In the Treasury Department—a fund which was munities that this toxic hazard will be addition, DOE might consider partnering created pursuant to Section 1308 of the En- with the future owner of USEC in a long- disposed of in a timely manner. Unlike ergy Policy Act of 1992. Of that amount, $400 term strategy for managing and converting million represents the funds collected from the administration’s plan to simply DUF6, in order to avoid redundancy of ef- store additional uranium waste, my utility customers for enrichment services to forts. Any partnering effort, however, must cover the costs for disposition of these bill will create many more jobs to con- not slow progress toward conversion. wastes. The Administration has advised us Natural phenomena events or accidents struct and operate this facility. The that, absent legislation, these funds will be may not have been adequately considered in new facility will convert the depleted swept out of this revolving fund immediately the PEIS. DOE must identify the ‘‘worse- uranium from an unstable and toxic after privatization. case’’ cylinder conditions and explicitly use To date, Treasury Department officials hexaflouride form to a stable and non- this information in the hazard modeling de- have been unwilling to secure these funds for threatening oxide. During this process scriptions. many useful commercial by-products In order for states to effectively evaluate the purpose of which they were reserved; to can also be recovered and sold. the potential impact of the preferred alter- threat the massive quantities of waste left by USEC for the government to clean up. If Mr. President, I have here a letter native DOE must provide information on the location of the sites where conversion would the funds accrued on USEC’s pre-privatiza- from the Governors of Kentucky, Ohio, tion balance sheet were transferred into a and Tennessee urging Secretary Pen˜ a occur and how wastes generated from this process will be managed. In order to avoid dedicated fund at the Department of Energy, to take immediate steps to convert the the undue risk of transporting deteriorating these extremely corrosive radioactive wastes toxic uranium hexafluoride into a more cylinders, we recommend that DOE evaluate would not sit untreated and approximately stable, non-threatening oxide form. the feasibility of on-site conversion plants. 240 displaced workers could be re-employed The Governors urge the Secretary to DOE must ensure that funding for safe preforming waste treatment activity at Pa- seek the necessary funding to begin storage and maintenance of DUF6 cylinders ducah and Portsmouth. We understand that you are planning legis- this process and they specifically iden- and storage yards is at an adequate level to protect human health and the environment. lation which will secure the $400 million in tified the funding I have identified in The States welcome the opportunity to USEC’s account at Treasury for the purpose my amendment. I ask unanimous con- work closely with the Department of Energy for which it was reserved: to treat waste gen- sent that the letter signed by Gov- in addressing these complex issues and mov- erated by USEC. Your legislation will fence ernors Patton, Sunquist, and ing rapidly toward an alternative that will these funds until the Administration sub- Voinovich be printed in the RECORD. well serve the public and the environment. mits a waste treatment plan to Congress There being no objection, the letter In addition we urge DOE to carefully con- with its FY 2000 budget request. The plan was ordered to be printed in the sider the more detailed comments being sub- will include the construction of two treat- mitted by each of our states environmental ment plants—one in Ohio and one in Ken- RECORD, as follows: regulatory agencies. tucky. This approach will reduce the hazards APRIL 27, 1998. Sincerely, associated with the transport of radioactive ˜ Hon. FEDERICO PENA, GOVERNOR PAUL E. wastes. Secretary, Department of Energy, Washington, PATTON, In April of this year the Governors from DC. GOVERNOR GEORGE V. Kentucky, Ohio and Tennessee wrote to Sec- Re ‘‘Draft PEIS for Alternative Strategies VOINOVICH, retary of Energy Federico Pena endorsing for the Long-Term Management and Use of GOVERNOR DON SUNDQUIS. the concept of using the funds from USEC’s Depleted Uranium Hexafluoride,’’ DOE/EIS– Mr. MCCONNELL. Mr. President, I balance sheet for the treatment and disposi- 0269 dated December 1997. tion of the depleted uranium hexaflouride DEAR SECRETARY PEN˜ A: More than forty also have a letter from the Oil, Chemi- tails. years ago the U.S. Department of Energy cal and Atomic Workers Union, which The Oil, Chemical & Atomic Workers began the uranium enhancement initiative represents 2,200 hourly workers at the Union (OCAW), which represents 2,200 hourly that created a common link between Ohio, Paducah and Portsmouth uranium en- workers at the two gaseous diffusion plants Kentucky, and Tennessee. This commonality richment facilities. They have also ad- in Paducah and Portsmouth, applauds your includes the U.S. Department of Energy’s vocated for the use of those funds to efforts to pass legislation which will fence legacy of waste, a significant portion of begin the clean up of this toxic mate- these funds prior to the privatization of which is made up of depleted uranium USEC. hexafluoride. Today, our three states are rial. I ask unanimous consent that this As you deliberate this legislation, we urge working together in order to recommend the letter also be printed in the RECORD. you to ensure that the Department of Energy selection of an appropriate and lawful alter- There being no objection, the letter will require the cleanup contractor(s) to pro- native for the long-term management and was ordered to be printed in the vide a right of first refusal to displaced use of depleted uranium hexafluoride. We be- RECORD, as follows: workers from the gaseous diffusion plants, lieve that such an alternative must minimize OIL, CHEMICAL AND ATOMIC WORK- and to require the contractor(s) to minimize impacts on human health and the environ- ERS INTERNATIONAL, UNION, AFL– the social and economic impacts by bridging ment, as well as benefit the overall mission CIO, health and pension benefits. Such an ar- of our states and the U.S. Department of En- Lakewood, CO, rangement is consistent with the amend- ergy (‘‘DOE’’). JULY 14, 1998. Ohio, Kentucky, and Tennessee have the ment you proposed to offer as part of the FY Senator MITCH MCCONNELL, 99 Energy and Water Development Appro- following significant concerns regarding the U.S. Senate, above-referenced document: priations Act. Washington, DC. We look forward to working with you and DOE should consider the immediate con- DEAR SENATOR MCCONNELL: On June 29, version of all depleted uranium hexafluoride other members to ensure swift passage of 1998 the Administration announced that it this legislation in the House and Senate (DUF6) to the less hazardous uranium oxide will soon privatize the United States Enrich- (U308) and provide above ground storage of prior to the privatization date. ment Corporation (USEC), which operates Sincerely, the U308. We do not believe that waiting for the two uranium enrichment plants owned RICHARD MILLER, possible market demands for the DUF6 is by the Department of Energy in Portsmouth, Policy Analyst. justification for delaying this project. It is Ohio and Paducah, Kentucky. Coinciding incumbent upon DOE to immediately begin with this announcement, USEC declared Mr. MCCONNELL. Mr. President, I seeking funds from Congress for this conver- that: have also cleared this bill with Chair- sion. We urge DOE to complete conversion (1) ‘‘to the extent commercially prac- man MURKOWSKI of the Energy Com- by the year 2018 or earlier and reduce the ticable’’ it will eliminate no more than 600 mittee and Senator DOMENICI, who is mortgage of maintaining the cylinders. jobs during over the next two years, consist- the chairman of the relevant sub- A long-term strategy for DUF6 must in- ent with an undisclosed USEC ‘‘Strategic clude DOE’s entire cylinder inventory, in- Plan’’, and committee on the Appropriations Com- cluding heel and small cylinders. The 10,000+ (2) it will transfer thousands of canisters of mittee. Neither Senator has any objec- cylinders of DUF6 generated by the United its depleted uranium hexaflouride waste to tion to the immediate passage of this July 15, 1998 CONGRESSIONAL RECORD — SENATE S8253 legislation. Finally, I have cleared this jobs at these plants, which may experi- [Mr. KERREY] was added as a cosponsor proposal with the Congressional Budg- ence limited job loss through the pri- of S. 1759, a bill to grant a Federal et Office and they have scored this bill vatization. charter to the American GI Forum of as having zero budget impact. It is an important investment in the United States. Mr. President, we need to ensure that these two communities—and in a sen- S. 1890 the people, economies and environment sible toxic-materials disposal policy for At the request of Mr. DASCHLE, the of Western Kentucky and Southeastern America. I thank Senator MCCONNELL name of the Senator from Michigan Ohio are not sacrificed to make a quick for his leadership on this legislation, [Mr. LEVIN] was added as a cosponsor of buck off the sale of the uranium en- and I am proud to be an original co- S. 1890, a bill to amend the Public richment facilities, especially when sponsor of this effort. Health Service Act and the Employee funding is available. I urge my col- f Retirement Income Security Act of 1974 to protect consumers in managed leagues to approve this legislation and ADDITIONAL COSPONSORS protect taxpayers from paying an addi- care plans and other health coverage. tional cost for clean up. S. 263 S. 1891 Mr. DEWINE. Mr. President, I rise in At the request of Mr. MCCONNELL, At the request of Mr. DASCHLE, the strong support of the legislation of- the name of the Senator from Con- name of the Senator from Michigan fered by our distinguished friend from necticut [Mr. DODD] was added as a co- [Mr. LEVIN] was added as a cosponsor of Kentucky, Senator MCCONNELL, to en- sponsor of S. 263, a bill to prohibit the S. 1891, a bill to amend the Internal sure that the Energy Department has import, export, sale, purchase, posses- Revenue Code of 1986 to protect con- the resources to address an important sion, transportation, acquisition, and sumers in managed care plans and public health issue and is not saddled receipt of bear viscera or products that other health coverage. with a massive unfunded mandate in contain or claim to contain bear S. 2001 the wake of the privatization of the viscera, and for other purposes. At the request of Mr. MURKOWSKI, the United States Enrichment Corporation S. 361 name of the Senator from Mississippi (USEC). At the request of Mr. JEFFORDS, the [Mr. COCHRAN] was added as a cospon- This privatization will entail the pur- name of the Senator from Georgia [Mr. sor of S. 2001, a bill to amend the In- chase of nuclear material from the CLELAND] was added as a cosponsor of dian Health Care Improvement Act to Russians—material which it is clearly S. 361, a bill to amend the Endangered make permanent the demonstration in our national security interest to Species Act of 1973 to prohibit the sale, program that allows for direct billing have removed from the international import, and export of products labeled of medicare, medicaid, and other third market. There is currently a fund with- as containing endangered species, and party payors, and to expand the eligi- in USEC which deals with the ‘‘disposi- for other purposes. bility under such program to other tion of depleted uranium S. 1251 tribes and tribal organizations. hexafluoride’’—and this fund contains At the request of Mr. D’AMATO, the S. 2078 an estimated $400 million. If no name of the Senator from Ohio [Mr. At the request of Mr. GRASSLEY, the changes are made, this money will go DEWINE] was added as a cosponsor of S. name of the Senator from Kentucky to the U.S. Treasury when the Initial 1251, a bill to amend the Internal Reve- [Mr. MCCONNELL] was added as a co- Public Offering occurs, possibly as soon nue Code of 1986 to increase the sponsor of S. 2078, a bill to amend the as next week. amount of private activity bonds which Internal Revenue Code of 1986 to pro- This fund was created explicitly to may be issued in each State, and to vide for Farm and Ranch Risk Manage- handle the disposition of this kind of index such amount for inflation. ment Accounts, and for other purposes. material. But if the law isn’t changed, S. 1413 S. 2128 the Department of Energy (DOE) would At the request of Mrs. MURRAY, her At the request of Mr. STEVENS, the have to find new funding sources in name was added as a cosponsor of S. name of the Senator from Kentucky order to treat the material—and it may 1413, a bill to provide a framework for [Mr. MCCONNELL] was added as a co- not be able to come up with the money. consideration by the legislative and ex- sponsor of S. 2128, a bill to clarify the This would be a vary undesirable re- ecutive branches of unilateral eco- authority of the Director of the Fed- sult. The material under discussion is nomic sanctions. eral Bureau of Investigation regarding highly toxic—and disposing of it is and S. 1459 the collection of fees to process certain should remain an important national At the request of Mr. GRASSLEY, the identification records and name security priority. That $400 million is name of the Senator from Rhode Island checks, and for other purposes. needed to stabilize this material, and [Mr. CHAFEE] was added as a cosponsor S. 2151 to process it so that parts of it can be of S. 1459, a bill to amend the Internal At the request of Mr. NICKLES, the recycled and other parts can be safely Revenue Code of 1986 to provide a 5- name of the Senator from Arkansas secured. year extension of the credit for produc- [Mr. HUTCHINSON] was added as a co- This bill would provide that, ‘‘the ing electricity from wind and closed- sponsor of S. 2151, a bill to clarify Fed- Secretary of Energy shall prepare, and loop biomass. eral law to prohibit the dispensing or the President shall include in the budg- S. 1647 distribution of a controlled substance et request for fiscal 2000, a plan and At the request of Mr. BAUCUS, the for the purpose of causing, or assisting proposed legislation to ensure that all name of the Senator from Massachu- in causing, the suicide, euthanasia, or amounts accrued on the books of the setts [Mr. KERRY] was added as a co- mercy killing of any individual. United States Enrichment Corporation sponsor of S. 1647, a bill to reauthorize S. 2208 for the disposition of depleted uranium and make reforms to programs author- At the request of Mr. FRIST, the hexafluoride will be used to commence ized by the Public Works and Economic names of the Senator from Vermont construction of, not later than January Development Act of 1965. [Mr. JEFFORDS] and the Senator from 31, 2004, and to operate, an onsite facil- S. 1734 Hawaii [Mr. INOUYE] were added as co- ity at each of the gaseous diffusion At the request of Mrs. HUTCHISON, the sponsors of S. 2208, a bill to amend title plants at Paducah, Kentucky, and name of the Senator from Illinois [Mr. IX of the Public Health Service Act to Portsmouth, Ohio, to treat and recycle DURBIN] was added as a cosponsor of S. revise and extend the Agency for depleted uranium hexafluoride.’’ 1734, a bill to amend the Internal Reve- Healthcare Policy and Research. The bill will address this key chal- nue Code of 1986 to waive the income S. 2213 lenge. And it will also prevent a major inclusion on a distribution from an in- At the request of Mr. FRIST, the economic dislocation in two commu- dividual retirement account to the ex- name of the Senator from Texas [Mrs. nities—Portsmouth, OH (whose USEC tent that the distribution is contrib- HUTCHISON] was added as a cosponsor of plant has 2,400 employees) and Padu- uted for charitable purposes. S. 2213, a bill to allow all States to par- cah, KY (whose USEC plant has 2,000 S. 1759 ticipate in activities under the Edu- employees). This bill will support new At the request of Mr. HATCH, the cation Flexibility Partnership Dem- decontamination and decommissioning name of the Senator from Nebraska onstration Act. S8254 CONGRESSIONAL RECORD — SENATE July 15, 1998 S. 2256 amendment No. 3136 proposed to S. SEC. ll03. CONSULTATION. At the request of Mr. KERRY, the 2159, an original bill making appropria- Prior to each exercise of the authority pro- name of the Senator from Mississippi tions for Agriculture, Rural Develop- vided in section ll02, the President shall consult with the appropriate congressional [Mr. COCHRAN] was added as a cospon- ment, Food and Drug Administration, committees. sor of S. 2256, a bill to provide an au- and Related Agencies programs for the ll thorized strength for commissioned of- SEC. 04. REPORTING REQUIREMENT. fiscal year ending September 30, 1999, Not later than 30 days prior to the expira- ficers of the National Oceanic and At- and for other purposes. tion of a one-year period described in section mospheric Administration Corps, and f ll02, the Secretary of State shall submit a for other purposes. report to the appropriate congressional com- AMENDMENTS SUBMITTED S. 2271 mittees on economic and national security At the request of Mr. HATCH, the developments in India and Pakistan. ll name of the Senator from New Mexico AGRICULTURE, RURAL DEVELOP- SEC. 05. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. [Mr. DOMENICI] was added as a cospon- MENT, FOOD AND DRUG ADMIN- sor of S. 2271, a bill to simplify and ex- In this title, the term ‘‘appropriate con- ISTRATION, AND RELATED gressional committees’’ means the Commit- pedite access to the Federal courts for AGENCIES APPROPRIATIONS tee on Foreign Relations of the Senate and injured parties whose rights and privi- ACT, 1999 the Committee on International Relations of leges, secured by the United States the House of Representatives and the Com- Constitution, have been deprived by mittees on Appropriations of the House of final actions of Federal agencies, or BAUCUS AMENDMENT NO. 3154 Representatives and the Senate. other government officials or entities (Ordered to lie on the table.) acting under color of State law, and for Mr. BAUCUS submitted an amend- LUGAR (AND OTHERS) other purposes. ment intended to be proposed by him AMENDMENT NO. 3156 S. 2295 to the bill (S. 2159) making appropria- Mr. LUGAR (for himself, Mr. HAGEL, At the request of Mr. MCCAIN, the tions for Agriculture, Rural Develop- Mr. DORGAN, Mr. DOMENICI, Mr. ROB- names of the Senator from South Da- ment, Food and Drug Administration, ERTS, Mr. CHAFEE, Mr. DODD, Mr. kota [Mr. DASCHLE] and the Senator and Related Agencies programs for the CRAIG, Mr. WARNER, Mr. MURKOWSKI, from Iowa [Mr. HARKIN] were added as fiscal year ending September 30, 1999, and Mr. SANTORUM) proposed an cosponsors of S. 2295, a bill to amend and for other purposes; as follows: amendment to the bill, S. 2159, supra; the Older Americans Act of 1965 to ex- On page 67, after line 23, add the following: as follows: tend the authorizations of appropria- SEC. 7ll. EXTENSION OF MARKETING ASSIST- At the end of the bill, insert the following tions for that Act, and for other pur- ANCE LOANS. new title: Section 133 of the Agricultural Market poses. TITLE VIII—SANCTIONS POLICY REFORM Transition Act (7 U.S.C. 7233) is amended by SENATE CONCURRENT RESOLUTION 103 ACT striking subsection (c) and inserting the fol- At the request of Mr. MOYNIHAN, the lowing: SEC. 801. SHORT TITLE. name of the Senator from Maine [Ms. ‘‘(c) EXTENSION.—The Secretary may ex- This title may be cited as the ‘‘Sanctions SNOWE] was added as a cosponsor of tend the term of a marketing assistance loan Policy Reform Act’’. Senate Concurrent Resolution 103, a made to producers on a farm for any loan SEC. 802. PURPOSE. concurrent resolution expressing the commodity for 1 6-month period.’’. It is the purpose of this title to establish sense of the Congress in support of the an effective framework for consideration by recommendations of the International BROWNBACK (AND OTHERS) the legislative and executive branches of Commission of Jurists on Tibet and on AMENDMENT NO. 3155 unilateral economic sanctions in order to en- United States policy with regard to sure coordination of United States policy Mr. COCHRAN (for Mr. BROWNBACK with respect to trade, security, and human Tibet. for himself, Mr. ROBERTS, Mr. HAGEL, rights. SENATE CONCURRENT RESOLUTION 105 Mr. GORTON, Mr. ROBB, Mr. SMITH of SEC. 803. STATEMENT OF POLICY. At the request of Mr. D’AMATO, the Oregon, and Mrs. FEINSTEIN) proposed It is the policy of the United States— name of the Senator from North Caro- an amendment to the bill S. 2159, (1) to pursue United States interests lina [Mr. FAIRCLOTH] was added as a co- supra; as follows: through vigorous and effective diplomatic, sponsor of Senate Concurrent Resolu- At the appropriate place in the bill, insert political, commercial, charitable, edu- tion 105, a concurrent resolution ex- the following: cational, cultural, and strategic engagement with other countries, while recognizing that pressing the sense of the Congress re- TITLE ll—INDIA-PAKISTAN RELIEF ACT garding the culpability of Slobodan the national security interests of the United SEC. ll01. SHORT TITLE. States may sometimes require the imposi- Milosevic for war crimes, crimes This Act may be cited as the ‘‘India-Paki- tion of economic sanctions on other coun- against humanity, and genocide in the stan Relief Act of 1998’’. tries; former Yugoslavia, and for other pur- SEC. ll02. WAIVER AUTHORITY. (2) to foster multilateral cooperation on poses. (a) AUTHORITY.—The President may waive vital matters of United States foreign policy, AMENDMENT NO. 3004 for a period not to exceed one year upon en- including promoting human rights and de- At the request of Mr. DODD the actment of this Act with respect to India or mocracy, combating international terrorism, names of the Senator from Rhode Is- Pakistan the application of any sanction or proliferation of weapons of mass destruction, prohibition (or portion thereof) contained in and international narcotics trafficking, and land [Mr. CHAFEE], the Senator from section 101 or 102 of the Arms Export Control ensuring adequate environmental protection; New Jersey [Mr. LAUTENBERG], the Sen- Act, section 620E(e) of the Foreign Assist- (3) to promote United States economic ator from Connecticut [Mr. ance Act of 1961, or section 2(b)(4) of the Ex- growth and job creation by expanding ex- LIEBERMAN], and the Senator from port Import Bank Act of 1945. ports of goods, services, and agricultural Rhode Island [Mr. REED] were added as (b) EXCEPTION.—The authority provided in commodities, and by encouraging invest- cosponsors of Amendment No. 3004 pro- subsection (a) shall not apply to any restric- ment that supports the sale abroad of prod- posed to S. 2057, an original bill to au- tion in section 102(b)(2) (B), (C), or (G) of the ucts and services of the United States; thorize appropriations for the fiscal Arms Export Control Act. (4) to maintain the reputation of United (c) Amounts made available by this section States businesses and farmers as reliable year 1999 for military activities of the are designated by the Congress as an emer- suppliers to international customers of qual- Department of Defense, for military gency requirement pursuant to section ity products and services, including United construction, and for defense activities 251(b)(2)(A) of the Balance Budget and Emer- States manufactures, technology products, of the Department of Energy, to pre- gency Deficit Control Act of 1985, as amend- financial services, and agricultural commod- scribe personnel strengths for such fis- ed: Provided, That such amounts shall be ities; cal year for the Armed Forces, and for available only to the extent that an official (5) to avoid the use of restrictions on ex- other purposes. budget request that includes designation of ports of agricultural commodities as a for- the entire amount of the request as an emer- eign policy weapon; AMENDMENT NO. 3136 gency requirement as defined in the Bal- (6) to oppose policies of other countries de- At the request of Mr. COCHRAN the anced Budget and Emergency Deficit Control signed to discourage economic interaction name of the Senator from Maine [Ms. Act of 1985, as amended, is transmitted by with countries friendly to the United States SNOWE] was added as a cosponsor of the President to the Congress. or with any United States national, and to July 15, 1998 CONGRESSIONAL RECORD — SENATE S8255 avoid use of such policies as instruments of measures in cooperation with, or similar to, nibus Trade and Competitiveness Act of 1988 United States foreign policy; and sanctions imposed by the United States on a (19 U.S.C. 3103 and 3106), and section 3 of the (7) when economic sanctions are nec- third country. Act of March 3, 1933 (41 U.S.C. 10b–1); essary— (ix) The suspension of, or any restriction (ii) any measure imposed to remedy mar- (A) to target them as narrowly as possible or prohibition on, travel rights or air trans- ket disruption or to respond to injury to a on those foreign governments, entities, and portation to or from a foreign country. domestic industry for which increased im- officials that are responsible for the conduct (x) Any restriction on the filing or mainte- ports are a substantial cause or threat there- being targeted, thereby minimizing unneces- nance in a foreign country of any propri- of, including remedies under sections 201 and sary or disproportionate harm to individuals etary interest in intellectual property rights 406 of the Trade Act of 1974, and textile im- who are not responsible for such conduct; (including patents, copyrights, and trade- port restrictions (including those imposed and marks), including payment of patent mainte- under section 204 of the Agricultural Act of (B) to the extent feasible, to avoid any ad- nance fees. 1956 (7 U.S.C. 1784)); verse impact of economic sanctions on the (C) MULTILATERAL REGIME.—As used in this (iii) any action taken under title IV of the humanitarian activities of United States and paragraph, the term ‘‘multilateral regime’’ Trade Act of 1974, including the enactment of foreign nongovernmental organizations in a means an agreement, arrangement, or obli- a joint resolution under section 402(d)(2) of country against which sanctions are im- gation under which the United States co- that Act; posed. operates with other countries in restricting (iv) any measure imposed to restrict im- ports of agricultural commodities to protect SEC. 804. DEFINITIONS. commerce for reasons of foreign policy or na- tional security, including— food safety or to ensure the orderly market- As used in this title: (i) obligations under resolutions of the ing of commodities in the United States, in- (1) UNILATERAL ECONOMIC SANCTION.— United Nations; cluding actions taken under section 22 of the (A) IN GENERAL.—The term ‘‘unilateral eco- (ii) nonproliferation and export control ar- Agricultural Adjustment Act (7 U.S.C. 624); nomic sanction’’ means any prohibition, re- rangements, such as the Australia Group, (v) any measure imposed to restrict im- striction, or condition on economic activity, the Nuclear Supplier’s Group, the Missile ports of any other products in order to pro- including economic assistance, with respect Technology Control Regime, and the tect domestic health or safety; to a foreign country or foreign entity that is Wassenaar Arrangement; (vi) any measure authorized by, or imposed imposed by the United States for reasons of (iii) treaty obligations, such as under the under, a multilateral or bilateral trade foreign policy or national security, including Chemical Weapons Convention, the Treaty agreement to which the United States is a any of the measures described in subpara- on the Non-Proliferation of Nuclear Weap- signatory, including the Uruguay Round graph (B), except in a case in which the ons, and the Biological Weapons Convention; Agreements, the North American Free Trade United States imposes the measure pursuant and Agreement, the United States-Israel Free to a multilateral regime and the other mem- (iv) agreements concerning protection of Trade Agreement, and the United States- bers of that regime have agreed to impose the environment, such as the International Canada Free Trade Agreement; and substantially equivalent measures. Convention for the Conservation of Atlantic (vii) any prohibition or restriction on the (B) PARTICULAR MEASURES.—The measures Tunas, the Declaration of Panama referred sale, export, lease, or other transfer of any referred to in subparagraph (A) are the fol- to in section 2(a)(1) of the International Dol- defense article, defense service, or design and lowing: phin Conservation Act (16 U.S.C. 1361 note), construction service under the Arms Export (i) The suspension, restriction, or prohibi- the Convention on International Trade in Control Act, or on any financing provided tion of exports or imports of any product, Endangered Species, the Montreal Protocol under that Act. technology, or service to or from a foreign on Substances that Deplete the Ozone Layer, (2) NATIONAL EMERGENCY.—The term ‘‘na- country or entity. and the Basel Convention on the Control of tional emergency’’ means any unusual or ex- (ii) The suspension of, or any restriction or Transboundary Movements of Hazardous traordinary threat, which has its source in prohibition on, financial transactions with a Wastes. whole or substantial part outside the United foreign country or entity. (D) ECONOMIC ASSISTANCE.—The term ‘‘eco- States, to the national security, foreign pol- (iii) The suspension of, or any restriction nomic assistance’’ means— icy, or economy of the United States. or prohibition on, direct or indirect invest- (i) any assistance under part I or chapter 4 (3) AGRICULTURAL COMMODITY.—The term ment in or from a foreign country or entity. of part II of the Foreign Assistance Act of ‘‘agricultural commodity’’ has the meaning (iv) The imposition of increased tariffs on, 1961 (including programs under title IV of given that term in section 102(1) of the Agri- or other restrictions on imports of, products chapter 2, relating to the Overseas Private cultural Trade Act of 1978 (7 U.S.C. 5602(1)). of a foreign country or entity, including the Investment Corporation), other than— (4) APPROPRIATE CONGRESSIONAL COMMIT- denial, revocation, or conditioning of non- (I) assistance under chapter 8 of part I of TEES.—The term ‘‘appropriate congressional discriminatory (most-favored-nation) trade that Act, committees’’ means the Committee on Agri- treatment. (II) disaster relief assistance, including culture, the Committee on International Re- (v) The suspension of, or any restriction or any assistance under chapter 9 of part I of lations, the Committee on Ways and Means, prohibition on— that Act, and the Committee on Banking and Finan- (I) the authority of the Export-Import (III) assistance which involves the provi- cial Services of the House of Representa- Bank of the United States to give approval sion of food (including monetization of food) tives, and the Committee on Agriculture, to the issuance of any guarantee, insurance, or medicine, or Nutrition, and Forestry, the Committee on or extension of credit in connection with the (IV) assistance for refugees; and Finance, and the Committee on Foreign Re- export of goods or services to a foreign coun- (ii) the provision of agricultural commod- lations of the Senate. try or entity; ities, other than food, under the Agricultural (5) CONTRACT SANCTITY.—The term ‘‘con- (II) the authority of the Trade and Devel- Trade Development and Assistance Act of tract sanctity’’, with respect to a unilateral opment Agency to provide assistance in con- 1954. economic sanction, refers to the inapplica- nection with projects in a foreign country or (E) FINANCIAL TRANSACTION.—As used in bility of the sanction to— in which a particular foreign entity partici- this paragraph, the term ‘‘financial trans- (A) a contract or agreement entered into pates; or action’’ has the meaning given that term in before the sanction is imposed, or to a valid (III) the authority of the Overseas Private section 1956(c)(4) of title 18, United States export license or other authorization to ex- Investment Corporation to provide insur- Code. port; and ance, reinsurance, financing, or conduct (F) INVESTMENT.—As used in this para- (B) actions taken to enforce the right to other activities in connection with projects graph, the term ‘‘investment’’ means any maintain intellectual property rights, in the in a foreign country or in which a particular contribution or commitment of funds, com- foreign country against which the sanction foreign entity participates. modities, services, patents, or other forms of is imposed, which existed before the imposi- (vi) A requirement that the United States intellectual property, processes, or tech- tion of the sanction. representative to an international financial niques, including— (6) UNILATERAL ECONOMIC SANCTION LEGIS- institution vote against any loan or other (i) a loan or loans; LATION.—The term ‘‘unilateral economic utilization of funds to, for, or in a foreign (ii) the purchase of a share of ownership; sanction legislation’’ means a bill or joint country or particular foreign entity. (iii) participation in royalties, earnings, or resolution that imposes, or authorizes the (vii) A measure imposing any restriction or profits; and imposition of, any unilateral economic sanc- condition on economic activity on any for- (iv) the furnishing or commodities or serv- tion. eign government or entity on the ground ices pursuant to a lease or other contract. SEC. 805. GUIDELINES FOR UNILATERAL ECO- that such government or entity does busi- (G) EXCLUSIONS.—The term ‘‘unilateral NOMIC SANCTIONS LEGISLATION. ness in or with a foreign country. economic sanction’’ does not include— It is the sense of Congress that any unilat- (viii) A measure imposing any restriction (i) any measure imposed to remedy unfair eral economic sanction legislation that is in- or condition on economic activity on any trade practices or to enforce United States troduced in or reported to a House of Con- person that is a national of a foreign coun- rights under a trade agreement, including gress on or after the date of enactment of try, or on any government or other entity of under section 337 of the Tariff Act of 1930, this Act should— a foreign country, on the ground that the title VII of that Act, title III of the Trade (1) state the foreign policy or national se- government of that country has not taken Act of 1974, sections 1374 and 1377 of the Om- curity objective or objectives of the United S8256 CONGRESSIONAL RECORD — SENATE July 15, 1998

States that the economic sanction is in- (1) REPORT BY THE PRESIDENT.—Not later (C) the likely effect on incomes of produc- tended to achieve; than 30 days after a committee of the House ers of the specific commodities identified by (2) provide that the economic sanction ter- of Representatives or the Senate reports any the Secretary; minate 2 years after it is imposed, unless unilateral economic sanction legislation or (D) the extent to which the proposed sanc- specifically reauthorized by Congress; the House of Representatives or the Senate tion would permit foreign suppliers to re- (3) provide for contract sanctity; receives such legislation from the other place United States suppliers; and (4) provide authority for the President House of Congress, the President shall sub- (E) the likely effect of the proposed sanc- both to adjust the timing and scope of the mit to the House receiving the legislation a tion on the reputation of United States sanction and to waive the sanction, if the report containing— farmers as reliable suppliers of agricultural President determines it is in the national in- (A) an assessment of— commodities in general, and of the specific terest to do so; (i) the likelihood that the proposed unilat- commodities identified by the Secretary. (5)(A) target the sanction as narrowly as eral economic sanction will achieve its stat- (e) RULES OF THE HOUSE OF REPRESENTA- possible on foreign governments, entities, ed objective within a reasonable period of TIVES AND SENATE.—This section is enacted and officials that are responsible for the con- time; and by Congress— duct being targeted; (ii) the impact of the proposed unilateral (1) as an exercise of the rulemaking power (B) not include restrictions on the provi- economic sanction on— of the House of Representatives and the Sen- sion of medicine, medical equipment, or (I) humanitarian conditions, including the ate, respectively, and as such these rules are food; and impact on conditions in any specific coun- deemed a part of the rules of each House, re- (C) seek to minimize any adverse impact tries on which the sanction is proposed to be spectively, and they supersede other rules on the humanitarian activities of United or may be imposed; only to the extent that they are inconsistent States and foreign nongovernmental organi- (II) humanitarian activities of United therewith; and zations in any country against which the States and foreign nongovernmental organi- (2) with full recognition of the constitu- sanction may be imposed; and zations; tional right of either House to change the (6) provide, to the extent that the Sec- rules (so far as relating to the procedure of (III) relations with United States allies; retary of Agriculture finds, that— that House) at any time, in the same manner (IV) other United States national security (A) the proposed sanction is likely to re- and to the same extent as in the case of any and foreign policy interests; and strict exports of any agricultural commodity other rule of that House. (V) countries and entities other than those or is likely to result in retaliation against on which the sanction is proposed to be or SEC. 807. REQUIREMENTS FOR EXECUTIVE AC- exports of any agricultural commodity from may be imposed; TION. the United States, and (B) a description and assessment of— (a) IN GENERAL.— (B) the sanction is proposed to be imposed, (i) diplomatic and other steps the United (1) ANNOUNCEMENT OF INTENT.—Notwith- or is likely to be imposed, on a country or standing any other provision of law, the countries that constituted, in the preceding States has taken to accomplish the intended objectives of the unilateral sanction legisla- President may not implement any new uni- calendar year, the market for more than 3 lateral economic sanction under any provi- percent of all export sales from the United tion; (ii) the likelihood of multilateral adoption sion of law with respect to a foreign country States of an agricultural commodity, or foreign entity, unless at least 45 days in that the Secretary of Agriculture expand ag- of comparable measures; (iii) comparable measures undertaken by advance of such implementation, the Presi- ricultural export assistance under United dent publishes notice in the Federal Register other countries; States market development, food assistance, of the President’s intention to implement (iv) alternative measures to promote the or export promotion programs to offset the such sanction. same objectives, and an assessment of their likely damage to incomes of producers of the (2) NEW UNILATERAL ECONOMIC SANCTION.— potential effectiveness; affected agricultural commodity or commod- For purposes of this section, the term ‘‘new (v) any obligations of the United States ities, to the maximum extent permitted by unilateral economic sanction’’ means a uni- under international treaties or trade agree- law and by the obligations of the United lateral economic sanction imposed pursuant ments with which the proposed sanction may States under the Agreement on Agriculture to a law enacted after the date of enactment conflict; referred to in section 101(d)(2) of the Uruguay of this Act or a sanction imposed after such (vi) the likelihood that the proposed sanc- Round Agreements Act (19 U.S.C. 3511(d)(2)). date of enactment pursuant to the Inter- tion will lead to retaliation against United SEC. 806. REQUIREMENTS FOR UNILATERAL ECO- national Emergency Economic Powers Act NOMIC SANCTIONS LEGISLATION. States interests, including agricultural in- (50 U.S.C. 1701 et seq.). terests; and (a) PUBLIC COMMENT.—Not later than 15 (b) CONSULTATION.—The President shall days prior to the consideration by the com- (vii) whether the achievement of the objec- consult with the appropriate congressional mittee of primary jurisdiction of any unilat- tives of the proposed sanction outweighs any committees regarding a proposed new unilat- eral economic sanction legislation, the likely costs to United States foreign policy, eral economic sanction, including consulta- chairman of the committee shall cause to be national security, economic, and humani- tions regarding efforts to achieve or increase printed in the Congressional Record a notice tarian interests, including any potential multilateral cooperation on the issues or that provides an opportunity for interested harm to United States business, agriculture, problems prompting the proposed sanction. members of the public to submit comments and consumers, and any potential harm to (c) PUBLIC HEARINGS; RECORD.—The Presi- to the committee on the proposed sanction. the international reputation of the United dent shall publish a notice in the Federal (b) COMMITTEE REPORTS.—In the case of States as a reliable supplier of products, Register of the opportunity for interested any unilateral economic sanction legislation technology, agricultural commodities, and that is reported by a committee of the House persons to submit comments on the proposed services. new unilateral economic sanction. of Representatives or the Senate, the com- (2) REPORT BY THE SECRETARY OF AGRI- mittee report accompanying the legislation (d) REQUIREMENTS FOR EXECUTIVE BRANCH CULTURE.—Not later than 30 days after a shall contain a statement of whether the leg- SANCTIONS.—Any new unilateral economic committee of the House of Representatives sanction imposed by the President— islation meets all the guidelines specified in or the Senate reports any unilateral eco- paragraphs (1) through (6) of section 805 and, (1) shall— nomic sanction legislation affecting the ex- if the legislation does not, an explanation of (A) include an assessment of whether— port of agricultural commodities from the why it does not. The report shall also include (i) the sanction is likely to achieve a spe- United States or the House of Representa- a specific statement of whether the legisla- cific United States foreign policy or national tives or the Senate receives such legislation tion includes any restrictions on the provi- security objective within a reasonable period from the other House of Congress, the Sec- sion of medicine, medical equipment, or of time, which shall be specified; and food. retary of Agriculture shall submit to the (ii) the achievement of the objectives of (c) FLOOR CONSIDERATION IN THE HOUSE OF House receiving the legislation a report con- the sanction outweighs any costs to United REPRESENTATIVES AND SENATE.— taining an assessment of— States national interests; (1) FLOOR CONSIDERATION IN THE HOUSE OF (A) the extent to which any country or (B) provide for contract sanctity; REPRESENTATIVES.—A motion in the House of countries proposed to be sanctioned or likely (C) terminate not later than 2 years after Representatives to proceed to the consider- to be sanctioned are markets that accounted the sanction is imposed, unless specifically ation of any unilateral economic sanctions for, in the preceding calendar year, more extended by the President in accordance legislation shall not be in order unless the than 3 percent of all export sales from the with the procedures of this section; House has received in advance the appro- United States of any agricultural commod- (D)(i) be targeted as narrowly as possible priate report or reports under subsection (d). ity; on foreign governments, entities, and offi- (2) CONSIDERATION IN THE SENATE.—A mo- (B) the likelihood that exports of agricul- cials that are responsible for the conduct tion in the Senate to proceed to the consid- tural commodities from the United States being targeted; and eration of any unilateral economic sanctions will be affected by the proposed sanction or (ii) seek to minimize any adverse impact legislation shall not be in order unless the by retaliation by any country proposed to be on the humanitarian activities of United Senate has received in advance the appro- sanctioned or likely to be sanctioned, and States and foreign nongovernmental organi- priate report or reports under subsection (d). specific commodities which are most likely zations in a country against which the sanc- (d) REPORTS.— to be affected; tion may be imposed; and July 15, 1998 CONGRESSIONAL RECORD — SENATE S8257

(E) not include any restriction on the pro- likely costs to United States foreign policy, (1) ESTABLISHMENT.—There is established vision of medicine, medical equipment, or national security, economic, and humani- within the executive branch of Government food, other than restrictions imposed in re- tarian interests, including any potential an interagency committee, which shall be sponse to national security threats, where harm to United States business, agriculture, known as the Sanctions Review Committee, multilateral sanctions are in place, or re- and consumers, and any potential harm to which shall have the responsibility of coordi- strictions involving a country where the the international reputation of the United nating United States policy regarding uni- United States is engaged in armed conflict; States as a reliable supplier of products, lateral economic sanctions and of providing and technology, agricultural commodities, and appropriate recommendations to the Presi- (2) should provide, to the extent that the services. dent prior to any decision regarding the im- Secretary of Agriculture finds, that— (2) REPORT ON OTHER SANCTIONS.—In the plementation of any unilateral economic (A) a new unilateral economic sanction is case of any unilateral economic sanction sanction. The Committee shall be composed likely to restrict exports of any agricultural that is imposed after the date of enactment of the following 11 members, and any other commodity from the United States or is like- of this Act, other than a new unilateral eco- member the President deems appropriate: ly to result in retaliation against exports of nomic sanction described in subsection (a)(1) (A) The Secretary of State. any agricultural commodity from the United or a sanction that is a continuation of a (B) The Secretary of the Treasury. States, and sanction in effect on the date of enactment (C) The Secretary of Defense. (B) the sanction is proposed to be imposed, of this Act, the President shall not later (D) The Secretary of Agriculture. or is likely to be imposed, on a country or than 30 days after imposing such sanction (E) The Secretary of Commerce. countries that constituted, in the preceding submit to Congress a report described in (F) The Secretary of Energy. calendar year, the market for more than 3 paragraph (1) relating to such sanction. (G) The United States Trade Representa- percent of all export sales from the United (f) REPORT BY THE SECRETARY OF AGRI- tive. States of an agricultural commodity, CULTURE.—Prior to the imposition of a new (H) The Director of the Office of Manage- that the Secretary of Agriculture expand ag- unilateral economic sanction by the Presi- ment and Budget. ricultural export assistance under United dent, the Secretary of Agriculture shall sub- (I) The Chairman of the Council of Eco- States market development, food assistance, mit to the appropriate congressional com- nomic Advisers. or export promotion programs to offset the mittees a report that shall contain an assess- (J) The Assistant to the President for Na- likely damage to incomes of producers of the ment of— tional Security Affairs. affected agricultural commodity or commod- (1) the extent to which any country or (K) The Assistant to the President for Eco- ities, to the maximum extent permitted by countries proposed to be sanctioned are mar- nomic Policy. kets that accounted for, in the preceding cal- law and by the obligations of the United (2) CHAIR.—The President shall designate States under the Agreement on Agriculture endar year, more than 3 percent of all export one of the members specified in paragraph (1) referred to in section 101(d)(2) of the Uruguay sales from the United States of any agricul- to serve as Chair of the Sanctions Review Round Agreements Act (19 U.S.C. 3511(d)(2)). tural commodity; Committee. (e) REPORT BY THE PRESIDENT.— (2) the likelihood that exports of agricul- (j) INAPPLICABILITY OF OTHER PROVISIONS.— (1) IN GENERAL.—Prior to imposing any new tural commodities from the United States unilateral economic sanction, the President will be affected by the proposed sanction or This section applies notwithstanding any shall provide a report to the appropriate con- by retaliation by any country proposed to be other provision of law. gressional committees on the proposed sanc- sanctioned, including specific commodities (k) WAIVER OF ADVANCE ANNOUNCEMENT tion. The report shall include the report of which are most likely to be affected; REQUIREMENT.—The President may waive the the International Trade Commission under (3) the likely effect on incomes of produc- provisions of subsections (a)(1) and (c) in the subsection (g) (if timely submitted prior to ers of the specific commodities identified by case of any new unilateral economic sanc- the filing of the report). The President’s re- the Secretary; tion that involves freezing the assets of a port shall contain the following: (4) the extent to which the proposed sanc- foreign country or entity (or in the case of (A) An explanation of the foreign policy or tion would permit foreign suppliers to re- any other sanction) if the President deter- national security objective or objectives in- place United States suppliers; and mines that the national interest would be tended to be achieved through the proposed (5) the likely effect of the proposed sanc- jeopardized by the requirements of this sec- sanction. tion on the reputation of United States tion. (B) An assessment of— farmers as reliable suppliers of agricultural SEC. 808. ANNUAL REPORTS. (i) the likelihood that the proposed new commodities in general, and of the specific (a) ANNUAL REPORT.—Not later than 6 unilateral economic sanction will achieve its commodities identified by the Secretary. stated objectives within the stated period of months after the date of enactment of this (g) REPORT BY THE UNITED STATES INTER- Act, and annually thereafter, unless other- time; and NATIONAL TRADE COMMISSION.—Before impos- wise required under existing law, the Presi- (ii) the impact of the proposed new unilat- ing a new unilateral economic sanction, the dent shall submit to the appropriate congres- eral economic sanction on— President shall make a timely request to the sional committees a report detailing with re- (I) humanitarian conditions, including the United States International Trade Commis- spect to each country or entity against impact on conditions in any specific coun- sion for a report on the likely short-term which a unilateral economic sanction has tries on which the sanction is proposed to be and long-term costs of the proposed sanction been imposed— imposed; to the United States economy, including the (1) the extent to which the sanction has (II) humanitarian activities of United potential impact on United States trade per- achieved foreign policy or national security States and foreign nongovernmental organi- formance, employment, and growth, the objectives of the United States with respect zations; international reputation of the United to that country or entity; (III) relations with United States allies; States as a reliable supplier of products, ag- (2) the extent to which the sanction has (IV) other United States national security ricultural commodities, technology, and harmed humanitarian interests in that coun- and foreign policy interests; and services, and the economic well-being and try, the country in which that entity is lo- (V) countries and entities other than those international competitive position of United cated, or in other countries; and on which the sanction is proposed to be im- States industries, firms, workers, farmers, (3) the impact of the sanction on other na- posed. and communities. tional security and foreign policy interests (C) A description and assessment of— (h) WAIVER IN CASE OF NATIONAL EMER- of the United States, including relations (i) diplomatic and other steps the United GENCY.—The President may waive any of the States has taken to accomplish the intended requirements of subsections (a), (b), (c), with countries friendly to the United States, objectives of the proposed sanction; (d)(1)(B), (e)(1), (f), and (g), in the event that and on the United States economy. (ii) the likelihood of multilateral adoption the President determines that there exists a (b) REPORT BY THE UNITED STATES INTER- of comparable measures; national emergency that requires the exer- NATIONAL TRADE COMMISSION.—Not later (iii) comparable measures undertaken by cise of the waiver. In the event of such a than 6 months after the date of enactment of other countries; waiver, the requirements waived shall be this Act, and annually thereafter, the United (iv) alternative measures to promote the met during the 60-day period immediately States International Trade Commission shall same objectives, and an assessment of their following the imposition of the new unilat- report to the appropriate congressional com- potential effectiveness; eral economic sanction, and the sanction mittees on the costs, individually and in the (v) any obligations of the United States shall terminate 90 days after being imposed aggregate, of all unilateral economic sanc- under international treaties or trade agree- unless such requirements are met. The Presi- tions in effect under United States law, regu- ments with which the proposed sanction may dent may waive any of the requirements of lation, or Executive order. The calculation conflict; paragraphs (1)(B), (1)(D), (1)(E), and (2) of of such costs shall include an assessment of (vi) the likelihood that the proposed sanc- subsection (d) in the event that the Presi- the impact of such measures on the inter- tion will lead to retaliation against United dent determines that the new unilateral eco- national reputation of the United States as a States interests, including agricultural in- nomic sanction is related to actual or immi- reliable supplier of products, agricultural terests; and nent armed conflict involving the United commodities, technology, and services. (vii) whether the achievement of the objec- States. On page 60, strike lines 4 through 11 and in- tives of the proposed sanction outweighs any (i) SANCTIONS REVIEW COMMITTEE.— sert the following: S8258 CONGRESSIONAL RECORD — SENATE July 15, 1998

SEC. 717. None of the funds made available (2) For the United States as a matter of selling, or marketing livestock, livestock by this Act may be used to provide assist- U.S. policy to deny access to United States products, meat, or meat products in an un- ance under, or to pay the salaries of person- food, other agricultural products, medicines manufactured form to report to the Sec- nel who carry out, a market promotion or and medical equipment by innocent men, retary in such manner as the Secretary shall market access program pursuant to section women and children in other countries weak- require, such information relating to prices 203 of the Agricultural Trade Act of 1978 (7 ens the international leadership and moral and the terms of sale for the procurement of U.S.C. 5623). authority of the United States. livestock, livestock products, meat, or meat (3) Sanctions on the sale or donations of products in an unmanufactured form as the BRYAN (AND OTHERS) American food, other agricultural products, Secretary determines is necessary to carry AMENDMENT NO. 3157 medicine or medical equipment needlessly out this subsection. harm American farmers and workers em- ‘‘(ii) NONCOMPLIANCE.—It shall be unlawful Mr. BRYAN (for himself, Mr. REID, ployed in these sectors by foreclosing mar- for a person engaged in the business of buy- Mr. GREGG, Mr. FEINGOLD, and Mr. kets for these United States products. ing, selling, or marketing livestock, live- KERRY) proposed an amendment to the (B)(1) EXCLUSION FROM SANCTIONS.—Not- stock products, meat, or meat products in an bill, S. 2159, supra; as follows: withstanding any other provision of law, the unmanufactured form to knowingly fail or President shall not restrict or otherwise pro- refuse to provide to the Secretary informa- hibit any exports (including financing) of tion required to be reported under subpara- DODD (AND OTHERS) AMENDMENT food, other agricultural products (including graph (A). NO. 3158 fertilizer), medicines or medical equipment ‘‘(iii) CEASE AND DESIST AND CIVIL PEN- as part of any policy of existing or future Mr. DODD (for himself, Mr. WARNER, ALTY.— unilateral economic sanctions imposed Mr. ROBERTS, Mr. HAGEL, Mr. DORGAN, ‘‘(I) IN GENERAL.—If the Secretary has rea- against a foreign government. son to believe that a person engaged in the Mr. GRAMS, and Mr. HARKIN) proposed (2) EXCEPTIONS.—Section (B)(1) of this sec- an amendment to the bill, S. 2159, business of buying, selling, or marketing tion shall not apply to any regulations or re- livestock, livestock products, meat, or meat supra; as follows: strictions with respect to such products for products in an unmanufactured form is vio- At the appropriate place in the bill at the health or safety purposes or during periods lating the provisions of subparagraph (A) (or following new section: of domestic shortages of such products. regulation promulgated under subparagraph (C) EFFECTIVE DATE.—This section shall SEC. (A) FINDINGS.—(1) Prohibiting or oth- (A)), the Secretary after notice and oppor- take effect one day after the date of enact- erwise restricting the donations or sales of tunity for hearing, may make an order to ment of this section into law.’’. food, other agricultural products, medicines cease and desist from continuing the viola- or medical equipment in order to sanction a tion and assess a civil penalty of not more foreign government for actions or policies TORRICELLI (AND GRAHAM) than $10,000 for each violation. that the United States finds objectionable AMENDMENT NO. 3160 ‘‘(II) CONSIDERATIONS.—In determining the unnecessarily harms innocent populations in Mr. TORRICELLI (for himself and amount of a civil penalty to be assessed the targetted country and rarely causes the under clause (i), the Secretary shall consider Mr. GRAHAM) proposed an amendment sanctioned government to alter its actions the gravity of the offense, the size of the or policies. to amendment No. 3158 proposed by Mr. business involved, and the effect of the pen- (2) For the United States as a matter of DODD to the bill, S. 2159, supra; as fol- alty on the ability of the person to continue U.S. policy to deny access to United States lows: in business. food, other agricultural products, medicines, At the end of the amendment add the fol- ‘‘(iv) REFERRAL TO ATTORNEY GENERAL.—If, and medical equipment by innocent men, lowing: after expiration of the period for appeal or women and children in other countries weak- Notwithstanding any other provision of after the affirmance of a civil penalty as- ens the international leadership and moral this section Section B(2) shall read as fol- sessed under clause (iii), the person against authority of the United States. lows: whom the civil penalty is assessed fails to (3) Sanctions on the sale or donations of (2) Exceptions. Section (B)(1) of this sec- pay the civil penalty, the Secretary may American food, other agricultural products, tion shall not apply to any country that— refer the matter to the Attorney General, medicine or medical equipment needlessly (1) repeatedly provided support for acts of who may recover the amount of the civil harm American farmers and workers em- international terrorism, within the meaning penalty in a civil action in United States dis- ployed in these sectors by foreclosing mar- of section 6(j)(1)(A) of the Export Adminis- trict court. kets for these United States products. tration Act of 1979 (50 U.S.C. App. ‘‘(B) VOLUNTARY REPORTING.—The Sec- (B)(1) EXCLUSION FROM SANCTIONS. Not- 2405(j)(1)(A)); or retary shall encourage voluntary reporting withstanding any other provision of law, the (2) systematically denies access to food, President shall not restrict or otherwise pro- by persons engaged in the business of buying, medicine, or medical care to persons on the selling, or marketing livestock, livestock hibit any exports (including financing) of basis of political beliefs or as a means of co- food, other agricultural products (including products, meats, or meat products in an un- ercion or punishment; or to manufactured form that are not subjected to fertilizer), medicines or medical equipment (3) as part of any policy of existing or future a mandatory reporting requirement under unilateral economic sanctions imposed subparagraph (A). VAILABILITY OF INFORMATION.—The against a foreign government. KERREY (AND OTHERS) ‘‘(C) A Secretary shall make information received (2) EXCEPTIONS. Section (B)(1) of this sec- AMENDMENT NO. 3161 tion shall not apply to any regulations or re- under this paragraph available to the public Mr. KERREY (for himself, Mr. only in a form that ensures that— strictions of such products for health or safe- DASCHLE, Mr. JOHNSON, Mr. CONRAD, ty purposes or during periods of domestic ‘‘(i) the identity of the person submitting a Mr. DORGAN, Mr. WELLSTONE, Mr. BAU- shortages of such products. report is not disclosed; and (C) EFFECTIVE DATE. This section shall CUS, and Mr. HARKIN) proposed an ‘‘(ii) the confidentiality of proprietary take effect on the date of enactment of this amendment to the bill, S. 2159, supra; business information is otherwise protected. act. as follows: ‘‘(D) EFFECT ON OTHER LAWS.—Nothing in this paragraph restricts or modifies the au- On page 67, after line 23 add the following: thority of the Secretary to collect voluntary ll ROBERTS AMENDMENT NO. 3159 SEC. 7 . LIVESTOCK INDUSTRY IMPROVEMENT. reports in accordance with other provisions Mr. ROBERTS proposed an amend- (a) DOMESTIC MARKET REPORTING.— of law.’’. ment to amendment No. 3158 proposed (1) IN GENERAL.—Section 203(g) of the Agri- (2) TECHNICAL AMENDMENT.—Section 203 of cultural Marketing Act of 1946 (7 U.S.C. the Agricultural Marketing Act of 1946 (7 by Mr. DODD to the bill, S. 2159, supra; 1622(g)) is amended— as follows: U.S.C. 1622) is amended— (A) by striking ‘‘(g) To’’ and inserting the (A) by striking ‘‘The Secretary is directed Strike all after the first word in the pend- following: and authorized:’’; and ing amendment and insert in lieu thereof the ‘‘(g) COLLECTION AND DISSEMINATION OF (B) in the first sentence of each of sub- following: MARKETING INFORMATION.— sections (a) through (f) and subsections (h) ‘‘(A) FINDINGS.—(1) Prohibiting or other- ‘‘(1) IN GENERAL.—The Secretary shall’’; through (n), by striking ‘‘To’’ and inserting wise restricting the donations or sales of and ‘‘The Secretary shall’’. food, other agricultural products, medicines (B) by adding at the end the following: or medical equipment in order to sanction a ‘‘(2) DOMESTIC MARKET REPORTING.— (b) PROHIBITION ON NONCOMPETITIVE PRAC- foreign government for actions or policies ‘‘(A) MANDATORY REPORTING PILOT PRO- TICES.—Section 202 of the Packers and that the United States finds objectionable GRAM.— Stockyards Act, 1921 (7 U.S.C. 192), is amend- unnecessarily harms innocent populations in ‘‘(i) IN GENERAL.—The Secretary shall con- ed— the targetted country and rarely causes the duct a 3-year pilot program under which the (1) in subsection (g), by striking the period sanctioned government to alter its actions Secretary shall require any person or class of at the end and inserting ‘‘; or’’; and or policies. persons engaged in the business of buying, (2) by adding at the end the following: July 15, 1998 CONGRESSIONAL RECORD — SENATE S8259 ‘‘(h) Engage in any practice or device that quately take account of the weather and (4) the incidence of asthma and chronic ob- the Secretary by regulation, after consulta- price volatility risks inherent in livestock structive pulmonary disease is increasing in tion with producers of cattle, lamb, and and dairy enterprises. children and is most prevalent among low-in- hogs, and other persons in the cattle, lamb, come persons in the United States; and hog industries, determines is a detrimen- GRAHAM (AND MACK) (5) the Parties to the Montreal Protocol tal noncompetitive practice or device relat- AMENDMENT NO. 3162 have called for development of national tran- ing to the price or a term of sale for the pro- sition strategies to non-chloroflourocarbon curement of livestock or the sale of meat or Mr. GRAHAM (for himself and Mr. metered-dose inhalers; other byproduct of slaughter.’’. MACK) proposed an amendment to the (6) the Commissioner of Food and Drugs (c) PROTECTION OF LIVESTOCK PRODUCERS bill, S. 2159, supra; as follows: published an advance notice of proposed AGAINST RETALIATION BY PACKERS.— On page 29, after line 21, add the following: rulemaking that suggested a tentative (1) RETALIATION PROHIBITED.—Section framework for how to phase out the use of 202(b) of the Packers and Stockyards Act, DISASTER ASSISTANCE metered-dose inhalers that contain 1921 (7 U.S.C. 192(b)), is amended— For necessary expenses to provide assist- chloroflourocarbons in the Federal Register (A) by striking ‘‘or subject’’ and inserting ance to agricultural producers in a county on March 6, 1997, 62 Fed. Reg. 10242 (referred ‘‘subject’’; and with respect to which a disaster or emer- to in this section as the ‘‘proposal’’); and (B) by inserting before the semicolon at gency was declared by the President or the (7) the medical and patient communities, the end the following: ‘‘, or retaliate against Secretary of Agriculture by July 15, 1998, as while calling for a formal transition strategy any livestock producer on account of any a result of drought and fire, through— issued by the Food and Drug Administration statement made by the producer (whether (1) the forestry incentives program estab- by rulemaking, have expressed serious con- made to the Secretary or a law enforcement lished under the Cooperative Forestry As- cerns that the proposal, if implemented agency or in a public forum) regarding an ac- sistance Act of 1978 (16 U.S.C. 2101 et seq.), without change, could potentially place tion of any packer’’. $9,000,000; some patients at risk by causing the removal (2) SPECIAL REQUIREMENTS REGARDING ALLE- (2) a livestock indemnity program carried of metered-dose inhalers containing GATIONS OF RETALIATION.—Section 203 of the out in accordance with part 1439 of title 7, chloroflourocarbons from the market before Packers and Stockyards Act, 1921 (7 U.S.C. Code of Federal Regulations, $300,000; adequate non-chlorofluorocarbon replace- 193), is amended by adding at the end the fol- (3) the emergency conservation program ments are available. lowing: authorized under sections 401, 402, and 404 of (b) SENSE OF CONGRESS.—It is the sense of ‘‘(e) SPECIAL PROCEDURES REGARDING ALLE- the Agricultural Credit Act of 1978 (16 U.S.C. GATIONS OF RETALIATION.— Congress that— 2201, 2202, 2204), $2,000,000; and (1) the Food and Drug Administration ‘‘(1) CONSIDERATION BY SPECIAL PANEL.— (4) the disaster reserve assistance program should, in consultation with the Environ- The President shall appoint a special panel established under section 813 of the Agricul- mental Protection Agency, assess the risks consisting of 3 members to receive and ini- tural Act of 1970 (7 U.S.C. 1427a), $10,000,000; and benefits to the environment and to pa- tially consider a complaint submitted by any to remain available until expended: Provided, tient health of the proposal and any alter- person that alleges prohibited packer retal- That the entire amount shall be available natives; iation under section 202(b) directed against a only to the extent that the President sub- (2) in conducting such assessments, the livestock producer. mits to Congress an official budget request Food and Drug Administration should con- ‘‘(2) COMPLAINT; HEARING.—If the panel has for a specific dollar amount that includes sult with patients, physicians, other health reason to believe from the complaint or re- designation of the entire amount of the re- care providers, manufacturers of metered- sulting investigation that a packer has vio- quest as an emergency requirement for the dose inhalers, and other interested parties; lated or is violating the retaliation prohibi- purposes of the Balanced Budget and Emer- (3) using the results of these assessments tion under section 202(b), the panel shall no- gency Deficit Control Act of 1985 (2 U.S.C. 900 and the information contained in the com- tify the Secretary who shall cause a com- et seq.): Provided further, That the entire ments FDA has received on the proposal, the plaint to be issued against the packer, and a amount of funds necessary to carry out this Food and Drug Administration should hearing conducted, under subsection (a). paragraph is designated by Congress as an promptly issue a rule ensuring that a range ‘‘(3) EVIDENTIARY STANDARD.—In the case of emergency requirement under section of non-chloroflourocarbon metered-dose in- a complaint regarding retaliation prohibited 251(b)(2)(A) of the Balanced Budget and haler alternatives is available for users, under section 202(b), the Secretary shall find Emergency Deficit Control Act of 1985 (2 comparable to existing treatments in terms that the packer involved has violated or is U.S.C. 901(b)(2)(A)). violating section 202(b) if the finding is sup- of safety, efficacy, and other appropriate pa- ported by a preponderance of the evidence.’’. rameters necessary to meet patient needs, (3) DAMAGES FOR PRODUCERS SUFFERING RE- COVERDELL AMENDMENT NO. 3163 which rule should not be based on a thera- TALIATION.—Section 203 of the Packers and Mr. COCHRAN (for Mr. COVERDELL) peutic class phaseout approach; and Stockyards Act, 1921 (7 U.S.C. 193) (as proposed an amendment to the bill, S. (4) the Food and Drug Administration amended by subsection (b)), is amended by 2159, supra; as follows: should issue a proposed rule described in adding at the end the following: paragraph (3) not later than May 1, 1999. ‘‘(f) DAMAGES FOR PRODUCERS SUFFERING On page 14, line 17 before the period, insert RETALIATION.— the following: ‘‘(1) IN GENERAL.—If a packer violates the ‘‘: Provided, That of the $2,000,000 made HARKIN (AND GRASSLEY) retaliation prohibition under section 202(b), available for a food safety competitive re- AMENDMENT NO. 3165 the packer shall be liable to the livestock search program at least $550,000 shall be Mr. COCHRAN (for Mr. HARKIN for producer injured by the retaliation for not available for research on E.coli:0157H7. more than 3 times the amount of damages himself and Mr. GRASSLEY) proposed an sustained as a result of the violation. DEWINE (AND HUTCHINSON) amendment to the bill, S. 2159, supra; ‘‘(2) ENFORCEMENT.—The liability may be AMENDMENT NO. 3164 as follows: enforced either by complaint to the Sec- On page 20, line 7, strike ‘‘expended’’ and Mr. COCHRAN (for Mr. DEWINE for retary, as provided in subsection (e), or by insert: ‘‘expended: Provided, That the Animal suit in any court of competent jurisdiction. himself and Mr. HUTCHINSON) proposed and Plant Health Inspection Service shall ‘‘(3) OTHER REMEDIES.—This subsection an amendment to the bill, S. 2159, enter into a cooperative agreement for con- shall not abridge or alter a remedy existing supra; as follows: struction of a Federal large animal biosafety at common law or by statute. The remedy At the appropriate place in title VII, insert level-3 containment facility in Iowa’’. provided by this subsection shall be in addi- the following: tion to any other remedy.’’. SEC. ll. METERED-DOSE INHALERS. (d) REVIEW OF FEDERAL AGRICULTURE CRED- COCHRAN AMENDMENT NO. 3166 IT POLICIES.— (a) FINDINGS.—Congress finds that— The Secretary of Agriculture, in consulta- (1) the Montreal Protocol on Substances Mr. COCHRAN proposed an amend- tion with the Secretary of the Treasury, the That Deplete the Ozone Layer (referred to in ment to the bill, S. 2159, supra; as fol- Chairman of the Board of Governors of the this section as the ‘‘Montreal Protocol’’) re- lows: Federal Reserve System, and the Chairman quires the phaseout of products containing On page 31, line 4, after strike of the Board of the Farm Credit Administra- ozone-depleting substances, including ‘‘$638,231,000’’ and inset in lieu thereof tion, shall establish an interagency working chloroflourocarbons; ‘‘$638,664,000’’. group to study— (2) the primary remaining legal use in the (1) the extent to which Federal lending United States of newly produced practices and policies have contributed, or chloroflourocarbons is in metered-dose in- KEMPTHORNE (AND OTHERS) are contributing, to market concentration in halers; AMENDMENT NO. 3167 the livestock and dairy sectors of the na- (3) treatment with metered-dose inhalers is tional economy; and the preferred treatment for many patients Mr. COCHRAN (for Mr. KEMPTHORNE (2) whether Federal policies regarding the with asthma and chronic obstructive pul- for himself, Mr. BAUCUS, Mr. CRAIG, Mr. financial system of the United States ade- monary disease; JOHNSON, Mr. THOMAS, Mr. FAIRCLOTH, S8260 CONGRESSIONAL RECORD — SENATE July 15, 1998

and Mr. DORGAN) proposed an amend- (2) the Committee on Appropriations of the SEC. 802. LABELING OF IMPORTED MEAT AND ment to the bill, S. 2159, supra; as fol- House of Representatives and the Committee MEAT FOOD PRODUCTS. lows: on Appropriations of the Senate. (a) LABELING REQUIREMENT.— (1) IN GENERAL.—Section 1(n) of the Fed- On page 14, line 5, after the semicolon, in- eral Meat Inspection Act (21 U.S.C. 601(n)) is sert ‘‘$1,000,000 for a secondary agriculture GRAHAM (AND MACK) AMENDMENT NO. 3169 amended by adding at the end the following: education program (7 U.S.C. 3152(h));’’. ‘‘(13)(A) If it is imported beef or imported On page 14, line 17, strike ‘‘$436,082,000’’ and Mr. COCHRAN (for Mr. GRAHAM, for lamb offered for retail sale as fresh muscle insert ‘‘$437,082,000.’’ himself and Mr. MACK) proposed an cuts of beef or lamb and is not accompanied On page 35, line 7, strike ‘‘$703,601,000’’ and amendment to the bill, S. 2159, supra; by labeling that identifies it as imported insert ‘‘$702,601,000.’’ as follows: beef or imported lamb. On page 19, line 10, before the period, insert ‘‘(B) If it is United States beef or United States lamb offered for retail sale, or offered BRYAN AMENDMENT NO. 3168 the following: ‘‘: Provided further, That, of and intended for export as fresh muscle cuts Mr. COCHRAN (for Mr. BRYAN) pro- the amounts made available under this head- ing, not less than $22,970,000 shall be used for of beef or lamb, and is not accompanied by posed an amendment to the bill, S. labeling that identifies it as United States 2159, supra; as follows: fruit fly exclusion and detection’’. On page 19, line 23, strike ‘‘$95,000,000’’ and beef or United States lamb. On page 67, after line 23, add the following: insert ‘‘$93,000,000’’. ‘‘(C) If it is United States or imported SEC. 7ll. REPORT ON MARKET ACCESS PRO- ground beef or other processed beef or lamb GRAM. product and is not accompanied by labeling JOHNSON (AND BURNS) that identifies it as United States beef or (a) IN GENERAL.—Not later than 180 days AMENDMENT NO. 3170 after the date of enactment of this Act, the United States lamb, imported beef or im- Secretary of Agriculture, in consultation Mr. COCHRAN (for Mr. JOHNSON for ported lamb, beef blended with imported with the Comptroller General of the United himself and Mr. BURNS) proposed an meat or lamb blended with imported meat, States, shall submit to the committees of amendment to the bill, S. 2159, supra; or other designation that identifies the per- centage content of United States beef and Congress specified in subsection (c) a report as follows: that, as determined by the Secretary— imported beef United States lamb and im- On page 67, after line 23 add the following: (1)(A) analyzes the costs and benefits of ported lamb or contained in the product, as programs carried out under that section in TITLE VIII—MEAT LABELING determined by the Secretary under section compliance with the cost-benefit analysis SEC. 801. DEFINITIONS. 7(g).’’. guidelines established by the Office of Man- Section 1 of the Federal Meat Inspection (2) CONFORMING AMENDMENT.—Section 20(a) agement and Budget in Circular A–94, dated Act (21 U.S.C. 601) is amended by adding at of the Federal Meat Inspection Act (21 U.S.C. October 29, 1992; and the end the following: 620(a)) is amended by adding at the end the (B) in any macroeconomic studies, treats ‘‘(w) BEEF.—The term ‘beef’’ means meat following: ‘‘All imported beef or imported resources in the United States as if the re- produced from cattle (including veal). lamb offered for retail sale as fresh muscle sources were likely to be fully employed; ‘‘(x) LAMB.—The term ‘lamb’ means meat, cuts of beef or lamb shall be plainly and con- (2) considers all potential costs and bene- other than mutton, produced from sheep. spicuously marked, labeled, or otherwise fits of the programs carried out under that ‘‘(y) BEEF BLENDED WITH IMPORTED MEAT.— identified as imported beef or imported section, specifically noting potential distor- The term ‘beef blended with imported meat’ lamb.’’. tions in the economy that could lower na- means ground beef, or beef in another meat (b) GROUND OR PROCESSED BEEF AND tional output of goods and services and em- food product that contains United States LAMB.—Section 7 of the Federal Meat Inspec- ployment; beef and any imported meat. tion Act (21 U.S.C. 607) is amended by adding (3) estimates the impact of programs car- ‘‘(z) LAMB BLENDED WITH IMPORTED MEAT.— at the end the following: ried out under that section on the agricul- The term ‘lamb blended with imported meat’ ‘‘(g) GROUND OR PROCESSED BEEF AND tural sector and on consumers and other sec- means ground meat, or lamb in another meat LAMB.— tors of the economy in the United States; food product, that contains United States ‘‘(1) VOLUNTARY LABELING.—Subject to (4) considers costs and benefits of oper- lamb and any imported meat. paragraph (2), the Secretary shall provide by ations relating to alternative uses of the ‘‘(aa) IMPORTED BEEF.—The term ‘imported regulation for the voluntary labeling or iden- budget for the programs under that section; beef’ means any beef, including any fresh tification of ground beef or lamb, other proc- (5)(A) analyzes the relation between the muscle cuts, ground meat, trimmings, and essed beef or lamb products as United States priorities and spending levels of programs beef in another meat food product, that is beef or United States lamb, imported beef or carried out under that section and the pri- not United States beef, whether or not the imported lamb, beef blended with imported vately funded market promotion activities beef is graded with a quality grade issued by meat or lamb blended with imported meat, undertaken by participants in the programs; the Secretary. or other designation that identifies the per- and ‘‘(bb) IMPORTED LAMB.—The term ‘imported centage content of United States and im- (B) evaluates the spending additionality lamb’ means any lamb, including any fresh ported beef or imported lamb contained in for participants resulting from the program; muscle cuts, ground meat, trimmings, and the product, as determined by the Secretary. (6) conducts an analysis of the amount of lamb in another meat food product, that is ‘‘(2) MANDATORY LABELING.— export additionality for activities financed not United States lamb, whether or not the ‘‘(A) IN GENERAL.—Except as provided in under programs carried out under that sec- lamb is graded with a quality grade issued by subparagraph (B), not later than 18 months tion in sponsored countries controlling for the Secretary. after the date of enactment of this sub- relevant variables, including— ‘‘(cc) UNITED STATES BEEF.— section, the Secretary shall provide by regu- (A) information on the levels of private ex- ‘‘(1) IN GENERAL.—The term ‘United States lation for the mandatory labeling or identi- penditures for promotion; beef’ means beef produced from cattle fication of ground beef or lamb, other proc- (B) government promotion by competitor slaughtered in the United States. essed beef or lamb products as United States nations; ‘‘(2) EXCLUSIONS.—The term ‘United States beef or United States lamb, imported beef or (C) changes in foreign and domestic supply beef’ does not include— imported lamb, beef blended with imported conditions; ‘‘(A) beef produced from cattle imported meat or lamb blended with imported meat, (D) changes in exchange rates; and into the United States in sealed trucks for or other designation that identifies the per- (E) the effect of ongoing trade liberaliza- slaughter; centage content of United States and im- tion; ‘‘(B) beef produced from imported car- ported beef or imported lamb contained in (7) provides an evaluation of the sustain- casses; the product, as determined by the Secretary. ability of promotional effort in sponsored ‘‘(C) imported beef trimmings; or ‘‘(B) APPLICATION.—Subparagraph (A) shall markets for recipients in the absence of gov- ‘‘(D) imported boxed beef. not apply to the extent the Secretary deter- ernment subsidies. ‘‘(dd) UNITED STATES LAMB.— mines that the costs associated with labeling (b) EVALUATION BY COMPTROLLER GEN- ‘‘(1) IN GENERAL.—The term ‘United States under subparagraph (A) would result in an ERAL.—The Comptroller General of the lamb’ means lamb, except mutton, produced unreasonable burden on producers, proc- United States shall submit an evaluation of from sheep slaughtered in the United States. essors, retailers, or consumers.’’. the report to the committees specified in ‘‘(2) EXCLUSIONS.—The term ‘United States (c) GROUND BEEF AND GROUND LAMB LABEL- subsection (C). lamb’ does not include— ING STUDY.— (c) COMMITTEES OF CONGRESS.—The com- ‘‘(A) lamb produced from sheep imported (1) IN GENERAL.—The Secretary of Agri- mittees of Congress referred to in subsection into the United States in sealed trucks for culture shall conduct a study of the effects (a) are— slaughter; of the mandatory use of imported, blended, (1) the Committee on Agriculture of the ‘‘(B) lamb produced from an imported car- or percentage content labeling on ground House of Representatives and the Committee cass; beef, ground lamb, and other processed beef on Agriculture, Nutrition, and Forestry of ‘‘(C) imported lamb trimmings; or or lamb products made from imported beef the Senate; and ‘‘(D) imported boxed lamb.’’. or imported lamb. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8261 (2) COSTS AND RESPONSES.—The study shall mation of the Senate and the public Governmental Affairs Committee to be designed to evaluate the costs associated that the full committee business meet- meet on Wednesday, July 15, 1998 at with and consumer response toward the man- ing of the Committee on Energy and 10:30 am for a business meeting. datory use of labeling described in paragraph Natural Resources originally scheduled The PRESIDING OFFICER. Without (1). for Wednesday, July 22, 1998 has been objection, it is so ordered. (3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Sec- rescheduled for Wednesday, July 29, COMMITTEE ON INDIAN AFFAIRS retary shall report the findings of the study 1998. Mr. COCHRAN. Mr. President, I ask conducted under paragraph (1) to the Com- The business meeting will take place unanimous consent that the Senate mittee on Agriculture of the House of Rep- at 9:30 a.m. in room SD–366 of the Dirk- Committee on Indian Affairs be author- resentatives and the Committee on Agri- sen Senate Office Building in Washing- ized to meet during the session of the culture, Nutrition, and Forestry of the Sen- ton, DC. Senate on Wednesday, July 15, 1998 at ate. For further information, please con- 9:30 a.m. to Mark-Up the following: S. SEC. 803. REGULATIONS. tact Gary Ellsworth of the Committee 1905, Cheyenne River Sioux Compensa- Not later than 120 days after the date of staff at (202) 224–7141. enactment of this Act, the Secretary of Agri- tion; S. 391, Mississippi Sioux Judg- culture shall promulgate final regulations to f ment Funds; H.R. 700, Agua Caliente carry out the amendments made by this AUTHORITY FOR COMMITTEES TO and S. 109, Native Hawaiian Housing. title. MEET Immediately following the Mark-Up f the Committee will hold a HEARING COMMITTEE ON BANKING, HOUSING, AND URBAN HOMEOWNERS PROTECTION ACT AFFAIRS on S. 2097, Indian Tribal Conflict Reso- OF 1998 Mr. COCHRAN. Mr. President, I ask lution and Tort Claims and Risk Man- unanimous consent that the Commit- agement Act of 1998. The meeting/hear- tee on Banking, Housing, and Urban ing will be held in room G–50 of the SANTORUM (AND SPECTER) Affairs be authorized to meet during Dirksen Senate Office Building. AMENDMENT NO. 3171 the session of the Senate on Wednes- The PRESIDING OFFICER. Without Mr. DEWINE (for Mr. SANTORUM for day, July 15, 1998, to conduct a hearing objection, it is so ordered. himself and Mr. SPECTER) proposed an on the practice of automated teller ma- COMMITTEE ON THE JUDICIARY amendment to the bill (S. 318) to re- chine surcharging. Mr. COCHRAN. Mr. President, I ask quire automatic cancellation and no- The PRESIDING OFFICER. Without unanimous consent that the Commit- tice of cancellation rights with respect objection, it is so ordered. tee on the Judiciary be authorized to to private mortgage insurance which is COMMITTEE ON COMMERCE, SCIENCE, AND meet during the session of the Senate required as a condition for entering TRANSPORTATION on Wednesday, July 15, 1998 at 9:00A.M. into a residential mortgage trans- Mr. COCHRAN. Mr. President, I ask in room 226 of the Senate Dirksen Of- action, to abolish the Thrift Depositor unanimous consent that the Senate fice Building to hold a hearing on: ‘‘De- Protection Oversight Board, and for Committee on Commerce, Science, and partment of Justice Oversight.’’ other purposes; as follows: Transportation be authorized to meet The PRESIDING OFFICER. Without SEC. . Section 481(a)(4) of the Higher Edu- on Wednesday, July 15, 1998, at 2:00 objection, it is so ordered. cation Act of 1965 (20 U.S.C. 1088(a)(4)) is p.m. on S. 2107—Government Paper- COMMITTEE ON SMALL BUSINESS amended by— work Elimination Act. Mr. COCHRAN. Mr. President, I ask (1) inserting the subparagraph designation The PRESIDING OFFICER. Without ‘‘(A)’’ immediately after the paragraph des- unanimous consent that the Commit- ignation ‘‘(4)’’; objection, it is so ordered. tee on Small Business be authorized to (2) redesignating subparagraphs (A) and (B) COMMITTEE ON ENERGY AND NATURAL meet during the session of the Senate as clauses (i) and (ii), respectively; and RESOURCES for a hearing entitled ‘‘Home Health (3) adding at the end thereof the following Mr. COCHRAN. Mr. President, I ask Care: Can Small Agencies Survive New new subparagraph: unanimous consent that the Commit- Regulations?’’ the hearing will begin at ‘‘(B) Subparagraph (A)(i) shall not apply to tee on Energy and Natural Resources a nonprofit institution whose primary func- 9:45 a.m. on Wednesday, July 15, 1998, in tion is to provide health care educational be granted permission to meet during room 428A Russell Senate Office Build- services (or an affiliate of such an institu- the session of the Senate on Wednes- ing. tion that has the power, by contract or own- day, July 15, for purposes of conducting The PRESIDING OFFICER. Without ership interest, to direct or cause the direc- a full committee hearing which is objection, it is so ordered. tion of the institution’s management or poli- scheduled to begin at 9:00 a.m. The pur- cies) that files for bankruptcy under Chapter pose of this hearing is to receive testi- SELECT COMMITTEE ON INTELLIGENCE Mr. COCHRAN. Mr. President, I ask 11 of Title 11 of the United States Code be- mony on H.R. 856, a bill to provide a tween July 1 and December 31, 1998.’’ process leading to full self-government unanimous consent that the Select f for Puerto Rico; and S. 472, a bill to Committee on Intelligence be author- ized to meet during the session of the NOTICES OF HEARINGS provide for referenda in which the resi- dents of Puerto Rico may express Senate on Wednesday, July 15, 1998 at COMMITTEE ON ENERGY AND NATURAL 2:30 p.m. to hold an open hearing. RESOURCES democratically their preferences re- garding the political status of the ter- The PRESIDING OFFICER. Without Mr. MURKOWSKI. Mr. President, I objection, it is so ordered. would like to announce for the infor- ritory, and for other purposes. SPECIAL COMMITTEE ON AGING mation of the Senate and the public The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I ask that a full committee hearing has been objection, it is so ordered. unanimous consent that the Special scheduled before the Committee on En- COMMITTEE ON ENVIRONMENT AND PUBLIC Committee on Aging be permitted to ergy and Natural Resources. WORKS The hearing will take place on Mr. COCHRAN. Mr. President, I ask meet on July 15, 1998 at 1:30 to 5:00 p.m. Wednesday, July 22, 1998 at 9:30 a.m. in unanimous consent that the Commit- in Dirksen 628 for the purpose of con- room SD–366 of the Dirksen Senate Of- tee on Environment and Public Works ducting a hearing. fice Building in Washington, DC. be granted permission to conduct a The PRESIDING OFFICER. Without The purpose of this hearing is to con- hearing Wednesday, July 15, 11:00 a.m., objection, it is so ordered. sider the nomination of Bill Richard- Hearing Room (SD–406), to receive tes- SUBCOMMITTEE ON EUROPEAN AFFAIRS son to be Secretary of the Department timony from Nikki L. Tinsley, nomi- Mr. COCHRAN. Mr. President, I ask of Energy. nated by the President to be Inspector unanimous consent that the Sub- For further information, please con- General, Environmental Protection committee on European Affairs of the tact Gary Ellsworth of the Committee Agency. Committee on Foreign Relations be au- staff at (202) 224–7141. The PRESIDING OFFICER. Without thorized to meet during the session of COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. the Senate on Wednesday, July 15, 1998 RESOURCES COMMITTEE ON GOVERNMENTAL AFFAIRS at 2:00 pm to hold a hearing. Mr. MURKOWSKI. Mr. President, I Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without would like to announce for the infor- unanimous consent on behalf of the objection, it is so ordered. S8262 CONGRESSIONAL RECORD — SENATE July 15, 1998 ADDITIONAL STATEMENTS energy, and water resources needed for soci- Girl Scouts of the U.S.A., an organi- ety; and zation serving over two and a half mil- Whereas the earth sciences promote public lion girls, has awarded more than 20,000 EARTH SCIENCE WEEK safety by preparing for and mitigating natu- Girl Scout Gold Awards to Senior Girls ral hazards such as floods, landslides, earth- ∑ Mr. WYDEN. Mr. President, in the quakes, volcanic eruptions, sinkholes, and Scouts since the inception of the pro- nineteenth century, Merriwether Lewis coastal erosion; and gram in 1980. The Gold Award rep- and William Clark explored the west- Whereas the earth sciences are crucial to resents the culmination of the achieve- ern reaches of our expanding country. environmental and ecological issues ranging ment of many goals. As they explored my home region of from climate change and water and air qual- I would today like to honor these Ne- the Pacific Northwest, Lewis and Clark ity to waste disposal; and braskans for their exceptional efforts cataloged the mineral and natural re- Whereas geological factors of resources, in attaining the Gold Award: Megan sources of the land. In particular, they hazards, and environment are vital to land Rachel Adams, Alyssa Ann Arthur, management and land use decisions at local, spoke of a mighty river known to the state, regional, national, and international Gina R. Dowis, Elizabeth Ann Holland, local inhabitants as Nch’i Wana, the levels; and Melody E. Jones, Sara Anne Jones, Great River. We know it today as the Whereas the earth sciences contribute crit- Kjirsten R. Kellogg, Stefanie Kudera, Columbia River and its importance as a ical information that enhances our under- Tera R. Maeder, Katie Michalski, reliable source of water and power to standing of Nature, Stephanie Jane Patton, Kelly Peters, the people of the Pacific Northwest is Therefore, be it resolved that the second Marie Roscoe, Melissa Jo Scurlock, undeniable. full week of October henceforth be des- Elizabeth A. Sigler, Karianne Sis, and When Twentieth Century American ignated as Earth Science Week.∑ Samantha Waterman. I salute them for explorers embarked on a similar jour- f their significant service to their com- ney to explore the Moon, one of their DR. BOB LEFTWICH munity and our country.∑ earliest actions was to bend down to f the surface and pick up a rock. That ∑ Mr. COVERDELL. Mr. President, I NELSON MANDELA CONGRES- simple movement framed an ancient rise today to commend the exemplary SIONAL GOLD MEDAL ACT reflex that underscores the basic im- efforts of Dr. Bob Leftwich, a school perative to explore our surroundings. councelor in Ellijay, Georgia. Over the ∑ Mr. D’AMATO. Mr. President, I rise Today, I want to recognize the impor- past years, Dr. Leftwich has worked to make a few comments regarding the tant role played by the earth sciences with students in his area by talking to passage of H.R. 3156 late yesterday. in expanding our economy, supporting them about life and their futures. In This bill authorizes the President to our national goals, and increasing our his discussions, he has urged students present, on behalf of Congress, the Con- knowledge of the larger world. to be the very best they can be and to gressional Gold Medal to Nelson Modern geophysical research reveals make firm commitments to excellence. Mandela. I am very pleased that the that ours is a dynamic planet. On the Dr. Leftwich is a prime example of a Senate has acted swiftly to pass this Earth’s surface, great tectonic plates hero in my book. He is a committed ad- legislation. shift continental positions with terrific vocate for young people and the free- The Congressional Gold Medal is the force. On the ocean’s surface, micro- doms they can achieve through hard highest honor that the United States scopic plants and animals help regulate work and perseverance. Congress may bestow on a civilian. global atmospheric gases and serve as It is people like Bob, with the moti- This prestigious award has been be- the foundation of our planet’s food vation he brings to our students, who stowed on a variety of people whose web. In the deep ocean abyss, mysteri- will be remembered when these stu- leadership and lives have left an indel- ous and wondrous animal communities dents are the leaders of our great na- ible impression on our great nation. thrive in endless darkness by deriving tion. They will no doubt look back and President Mandela is without a doubt, life-sustaining nutrients from active remember the impact that this individ- one of those persons who has earned volcanic vents. ual had on their lives. And hopefully our recognition through his leadership Earth science is a global science that they will follow his lead by getting in- in the quest for freedom and equality. speaks a global language and unites volved with young people themselves. His ongoing struggle for such noble people by promoting sustainable devel- Once again, Mr. President, I would causes has carried the people of South opment. The study of earth science like to thank Dr. Leftwich for his dedi- Africa into a new era. And, his compas- provides the skills necessary for locat- cation to excellence. His work should sion for the downtrodden has been felt ing and utilizing natural resources, un- serve as an encouragement to others to around the world uplifting all people derstanding natural processes that become more involved with the edu- suffering from oppression. often conflict with human designs, and cation of our nation’s youth.∑ Mr. President, I would like to thank comprehending our natural heritage f the ranking member of the Senate Banking Committee, Senator SAR- through the unusual perspective of geo- NEBRASKA GIRL SCOUT GOLD BANES for his efforts in seeing this leg- logic time. The unique panorama of AWARD RECIPIENTS geologic time allows us to observe the islation through the Senate in an expe- full range of natural processes on ∑ Mr. KERREY. Mr. President, I would dited manner. I would also like to Earth and aids in developing a com- like to recognize seventeen outstand- thank Congressman HOUGHTON for first prehensive view of the natural world ing young Nebraska women who have introducing this bill, H.R. 3156, in the beyond a perspective limited only to been honored with the Girl Scout Gold House and for all of his hard work and that of human influence. Award, the highest achievement award leadership.∑ In my home state of Oregon, we cele- a U.S. Girl Scout can attain. f The Girl Scout Gold Award symbol- brate the land and respect the power of TRIBUTE TO ED WILLIAMS nature. We have learned to protect our izes outstanding accomplishment in citizens and expand our economy by leadership, community service, career ∑ Mr. CLELAND. Mr. President, I rise working with nature and prudently planning, and personal development. today to honor Ed Williams of Val- mitigating natural hazards. In consid- This year’s winners completed projects dosta, Georgia, a man who has dedi- eration of the importance of the earth such as creating a multicultural mural cated more than three decades of his sciences in the daily lives of all Ameri- at a local school; cleaning, rust-proof- life to bringing a Veterans Clinic to the cans, I submit, for the RECORD, the res- ing, and painting bathhouses at Two Valdosta area. His dreams and hard olution issued by the Association of Rivers State Park; and building a large work were realized with the April 28, American State Geologists. scale doll house that will teach inde- 1998 opening and dedication of the new The resolution follows: pendent living skills to children at the Valdosta Veterans Health Care Clinic. Whereas the earth sciences are fundamen- Hattie B. Munroe Center. The Ne- Ed is one of the few survivors of the tal to society; and braska recipients were honored by the original group of veterans who began Whereas the earth sciences are integral to Great Plains Girl Scout Council in working to bring a veterans clinic to finding, developing, and conserving mineral, Omaha, Nebraska. Valdosta 35 years ago. I commend and July 15, 1998 CONGRESSIONAL RECORD — SENATE S8263 graciously thank Ed Williams for all of would achieve this does no one any Also, patients who receive abortions at his determination and hard work over good—not the pregnant teen-agers, the out-of-state clinics frequently do not return the years in bringing this clinic to Val- parents or the pro-choice movement.’’ for follow-up care, which can lead to dan- dosta. I hope my colleagues on both sides of gerous complications. And a teen-ager who has an abortion across state lines without The Valdosta Veterans Health Care the aisle and on both sides of the abor- her parents’ knowledge is even more un- Clinic, located at 2123 N. Ashley St. in tion issue will take seriously Mr. likely to tell them that she is having com- Valdosta, will serve the 7,000 veterans Lucero’s point, that the health and plications. in Lowndes County and almost 5,000 well-being of the teen-age girls of Ultimately, the pro-choice movement veterans in the surrounding counties. America is too important to allow ide- hurts itself by opposing these kinds of laws. The veterans of Georgia owe Mr. Wil- ology to keep their parents from fully I have had many parents sit in my office liams the deepest gratitude and appre- participating in crucial decisions such with their teen-age daughter and say, ‘‘We ciation for his tireless efforts to secure never thought this would happen to us’’ or, as whether or not to have an abortion, ‘‘We were against abortion, but now it is dif- the new facility. and I urge them to support S. 1645, the ferent.’’ Mr. President, I would like to ac- Child Custody Protection Act. The hard truth is that people often become knowledge and honor Ed Williams for I ask that the full text of Mr. pro-choice only when they experience an un- his outstanding and innumerable con- Lucero’s article be printed in the wanted pregnancy or when their daughter tributions over the years to the Val- RECORD. does. Too often, pro-choice advocates oppose dosta area, to the State of Georgia and The article follows: laws that make common sense simply be- to our Nation. He has dedicated his life cause the opposition supports or promotes [From the New York Times, July 12, 1998] them. The only way we can and should keep to inspiring and improving us all, and I PARENTAL GUIDANCE NEEDED abortions legal is to keep them safe. To fight ask my colleagues to join me in salut- (By Bruce A. Lucero) laws that would achieve this end does no one ing and congratulating Ed Williams on any good—not the pregnant teen-agers, the Alexandria, VA.—I am a doctor who per- the opening of the Valdosta Veterans parents or the pro-choice movement. formed some 45,000 abortions during 15 years ∑ Health Care Clinic. It is great to see all in practice in Alabama. Even though I no f of Ed’s hard work pay off!∑ longer perform abortions, I am still staunch- Y2K PROBLEM f ly pro-choice. But I find that I disagree with many in the ∑ Mr. MOYNIHAN. Mr. President, CHILD CUSTODY PROTECTION pro-choice movement on the issue of paren- President Clinton yesterday called for ∑ Mr. ABRAHAM. Mr. President, I rise tal notification laws for teen-agers. Specifi- urgent action regarding the Year 2000 to bring to my colleagues’ attention an cally, I support the Child Custody Protection (Y2K) problem in a speech at the Na- opinion piece from the New York bill now being considered by Congress. Under tional Academy of Sciences. The Presi- Times by Bruce A. Lucero. Mr. Lucero the legislation, it would be illegal for anyone dent stated ‘‘This is clearly one of the until recently owned and operated the to accompany a minor across state lines for an abortion if that minor failed to meet the most complex management challenges ‘‘New Woman, All Women Health Care’’ requirement for parental consent or notifica- in history.’’ He cited progress in Amer- abortion clinic and remains, in his tion in her home state. ican business and the Federal Govern- words, ‘‘staunchly pro-choice.’’ He also The legislation, which the House is sched- ment in preparing for the Y2K problem, supports my Child Custody Protection uled to vote on this week, is important not while simultaneously noting ‘‘far too Act, S. 1645, currently being marked-up only to the health of teen-age girls, but to many businesses, especially small-and in the Judiciary Committee. This arti- the pro-choice movement as well. medium-sized firms, will not be ready cle shows, I believe, that even strong Opponents of the measure believe that the unless they begin to act.’’ pro-choice advocates have good reason bill would simply extend the reach of a I am pleased to see that President state’s parental notification or consent law to join with those of us who are pro-life to other states. And they claim that teen- Clinton is speaking openly about the in supporting parental involvement in agers would resort to unsafe abortions rather seriousness of the Y2K computer prob- their daughters’ decision whether or than tell their parents. lem. Over two years ago I stated ‘‘that not to have an abortion. In truth, however, in most cases a parent’s the Year 2000 problem is indeed serious, In his article, Mr. President, Mr. input is the best guarantee that a teen-ager and that fixing it will be costly and Lucero points out that the Child Cus- will make a decision that is correct for her— time-consuming. The problem deserves tody Protection Act is important for be it abortion, adoption or keeping the baby. the careful and coordinated attention the health of teen-age girls across And it helps guarantee that if a teen-ager of the Federal Government, as well as chooses an abortion, she will receive appro- America. By making it illegal for any- priate medical care. the private sector, in order to avert one to take a minor across state lines In cases where teen-agers can’t tell their major disruptions on January 1, 2000.’’ for an abortion without first meeting parents—because of abuse, for instance—pa- On July 31, 1996 I sent President Clin- the home state’s parental notification rental notification laws allow teen-agers to ton a letter expressing my views and requirements, this Act sees to it that petition a judge for a waiver. concerns about Y2K. I warned him of parents are involved in their daugh- Society has always decided at what age the ‘‘extreme negative economic con- ter’s critical medical decision of teen-agers should have certain rights—be it sequences of the Y2K Time Bomb,’’ and whether to have an abortion. Where the right to drive a car or the right to vote. suggested that ‘‘a presidential aide be In the same way, society should determine teen-agers cannot consult their par- at what age a minor has the right to an abor- appointed to take responsibility for as- ents, for example because of abuse, a tion without notifying their parents. suring that all Federal Agencies, in- judge may waive the parental notifica- In almost all cases, the only reason that a cluding the military, be Y2K compliant tion requirement. But as Mr. Lucero teen-age girl doesn’t want to tell her parents by January 1, 1999 [leaving a year for points out, parents almost always are about her pregnancy is that she feels ‘testing’] and that all commercial and the best source of emotional support ashamed and doesn’t want to let her parents industrial firms doing business with and financial assistance for girls facing down. the federal government must also be unplanned pregnancies. In addition, But parents are usually the ones who can compliant by that date.’’ best help that teen-ager consider her op- I trust the President’s acknowledg- teen-age girls who avoid consulting tions. And whatever the girl’s decision, par- their parents too often end up having ents can provide the necessary emotional ment of the Y2K issue as a grave and later term, more dangerous procedures support and financial assistance. Even in a pervasive problem will prompt the and avoiding necessary follow-up care. conservative state like Alabama, I found agencies and private sector to act These factors combine to increase med- that parents were almost always supportive. quickly. Yet having spent two years ical risks significantly for teen-age If a teen-ager seeks an abortion out of studying the problem and warning of girls who undergo secret abortions. state, however, things become infinitely the lagging progress of federal agencies Mr. Lucero calls for people on both more complicated. Instead of telling her par- in addressing it, I must state that com- sides of the abortion issue to join in ents, she may delay her abortion and try to bating the millennium bug at this late scrape together enough money—usually $150 supporting the Child Custody Protec- to $300—herself. As a result, she often waits date ‘‘looks to be the 13th labor of Her- tion Act. As he states, ‘‘The only way too long and then has to turn to her parents cules.’’ I can only hope that both we can and should keep abortions legal for help to pay for a more expensive and American businesses and the Federal is to keep them safe. To fight laws that riskier second-trimester abortion. Government follow the President’s S8264 CONGRESSIONAL RECORD — SENATE July 15, 1998 warnings and begin to give this prob- introduced several months ago. I would couple of board members resigned. I lem the attention it deserves.∑ like to just discuss it briefly so we can think there were about 600 votes cast f get that behind us before I offer it. in that election, probably five times But this is an amendment that would more than ever had been cast in a GERARD AND MYRIAM UBAGHS award the Congressional Gold Medal to school election in Charleston, AR, in ∑ Mr. BREAUX. Mr. President, I rise the nine African American children its history. In any event, the so-called today to commemorate the efforts of who integrated Little Rock Central ‘‘moderates’’ won overwhelmingly, and Gerard and Myriam Ubaghs of High during probably the greatest that put the issue to rest in my home- Margraten, Netherlands, who have threat to the Constitution since the town. cared for the graves of American serv- Civil War. I lived through it. I was in a Back to the Little Rock Nine. Ernie icemen killed in the line of duty during small town in western Arkansas called Green testified in the Energy Commit- World War II. In September of 1944, the Charleston. That is my hometown, tee the other day in support of a bill to United States Army reached the Ger- where I was born and reared. make Central High School in Little man frontier and entered the Nether- My hometown had integrated in 1954, Rock a unit of the Park Service. He lands near the city of Maastricht. By very quietly and very peacefully, a was one of the Little Rock Nine, later September 13, 1944, the troops of the town of 1,200 people at the time. Our was Assistant Secretary of Labor when U.S. 30th Infantry Division liberated schools had successfully integrated Jimmy Carter was President. part of eastern Holland, freeing the from the fall of 1954 until Governor Anybody who didn’t live through area from the grip of Nazi Germany. Faubus called out the Guard to block that time can never understand what a During the battle, 8,302 soldiers lost integration at Little Rock Central traumatic period that was for my their lives including American service- High School in Little Rock. State. We didn’t attract a single indus- men from every state in the Union. Let me also say that Charleston, this try in the State of Arkansas for almost I, as well as all American citizens, little hometown of mine which I am 10 years after the Little Rock High am truly thankful for the bravery, seeking to get designated a national School integration crisis. But those valor, and patriotism shown by our sol- commemorative site by the Park Serv- nine young black children who were es- diers who fought and died for their ice this year, was the first school to in- corted into that school in the fall of country on that day and every day of tegrate following the Brown v. Board of 1957 by paratroopers from the 101st Air- World War II. These servicemen not Education decision in May of 1954. I borne showed more bravery than any- only gave their lives for their country, was on the school board during that body I have ever seen in my life. It was but also died for the people of the time, and we integrated the school that absolutely unbelievable. Netherlands. For this, the citizens of fall. There is still some controversy be- They have been recognized in a lot of the Netherlands have been and remain cause good records were not kept about ways, but S. 1283 would provide them truly grateful to the fallen soldiers of how many African American children with the Congressional Gold Medal. It the U.S. Army. were integrated into the school system. is an honor that they are due and that One manifestation of their apprecia- It went along smoothly. There were is long overdue. This bill was recently tion is their care for the Netherlands some schools that wouldn’t play us in reported out of the Banking Committee American Cemetery in the town of football, and there were some schools and is now on the Calendar. Mr. Presi- Margraten, in the Limburg Province of that wouldn’t allow our band to par- dent, I ask unanimous consent that the the Netherlands. This cemetery is the ticipate, because we had African Amer- Senate proceed to the immediate con- only one of its kind in the Netherlands. icans on the football team and in the sideration of Calendar No. 465, S. 1283. It was established in November of 1944 band. We lived with that as best we The PRESIDING OFFICER. The and free use of the land as a permanent could. There was a lot of seething un- clerk will report. burial ground was granted, without dercurrent. Even though it had gone The legislative clerk read as follows: charge or taxation by the government peacefully for 3 years, there was still A bill (S. 1283) to award congressional gold of the Netherlands. The cemetery occu- an unrest among some. medals to Jean Brown Trickey, Carlotta pies 65.5 acres and includes a 101 foot- After the turmoil in Little Rock, Walls LaNier, Melba Patillo Beals, Terrence tall tower, a Court of Honor, a chapel that seething unrest surfaced. I will Roberts, Gloria Ray Karlmark, Thelma and a reflecting pool. Among the 8,302 never forget, Mr. President, I was try- Mothershed Wair, Ernest Green, Elizabeth graves lie the remains of American, ing a lawsuit on the third floor of Eckford, and Jefferson Thomas, commonly referred collectively as the ‘‘Little Rock English, Canadian and Mexican troops. Logan County Courthouse in Paris, AR, Nine’’ on the occasion of the 40th anniver- I would like to thank not only the and I heard these rumbling trucks sary of the integration of the Central High people of the Netherlands for this cem- going down Highway 22 from Fort School in Little Rock, Arkansas. etery, but two individuals in particular Chaffee which came through my home- The PRESIDING OFFICER. Is there who have honored our fallen service- town to Little Rock to provide the objection to the immediate consider- men for fifty-three years. They are Ge- logistical support for the 101st Air- ation of the bill? rard and Myriam Ubaghs. As children, borne which President Eisenhower had There being no objection, the Senate after the liberation of their town by sent in to Little Rock to enforce the proceeded to consider the bill, which American troops, they adopted and integration of that school. had been reported from the Committee cared for two graves until the bodies It was a very ominous, frankly, rath- on Banking, Housing, and Urban Af- were identified and returned to the er terrifying time. I was not as con- fairs, with an amendment on page 4, so United States. To this day, they con- cerned about what was going on in Lit- as to make the bill read: tle Rock—though that was terrifying tinue to honor our fallen soldiers and S. 1283 express much gratitude to America. and certainly to the people in Little Be it enacted by the Senate and House of Rep- I would like to officially acknowl- Rock it was terrifying—as I was with resentatives of the United States of America in edge the Ubaghs and the people of the certain knowledge in my own mind Congress assembled, Margraten, and thank them for their that we were in for big trouble in my SECTION 1. CONGRESSIONAL FINDINGS. gracious deeds and for honoring our hometown, too, because I knew, as I The Congress hereby finds the following: fallen soldiers. Their service is a re- say, that seething unrest was going to (1) Jean Brown Trickey, Carlotta Walls La- minder to all of us how the efforts of be fortified and encouraged to try to do Nier, Melba Patillo Beals, Terrence Roberts, such brave soldiers on a day more than the same thing, and sure enough it Gloria Ray Karlmark, Thelma Mothershed fifty years ago effects people around happened. Wair, Ernest Green, Elizabeth Eckford, and the world even today.∑ We had a big knock-down-drag-out Jefferson Thomas, hereafter in this section election in March of 1958, and the referred to as the ‘‘Little Rock Nine’’, volun- f tarily subjected themselves to the bitter whole issue was: Shall we stay inte- stinging pains of racial bigotry. CONGRESSIONAL GOLD MEDALS grated or shall we re-segregate? TO THE ‘‘LITTLE ROCK NINE’’ (2) The Little Rock Nine are civil rights I convinced a friend of mine to run to pioneers whose selfless acts considerably ad- Mr. BUMPERS. Mr. President, in just fill one of the vacancies that had been vanced the civil rights debate in this coun- a moment, staff will have a bill that I created because things got so hot a try. July 15, 1998 CONGRESSIONAL RECORD — SENATE S8265 (3) The Little Rock Nine risked their lives The bill (S. 1283), as amended, was Antitrust Division legitimate? Is Joel to integrate Central High School in Little considered read the third time and Klein working on behalf of U.S. tax- Rock, Arkansas, and subsequently the Na- passed. payers or against them? How much is tion. Mr. BUMPERS. Mr. President, I sug- the antitrust division spending to send (4) The Little Rock Nine sacrificed their innocence to protect the American principle gest the absence of a quorum. its employees around the world? Which that we are all ‘‘one nation, under God, indi- The PRESIDING OFFICER. The foreign competitors have benefited? visible’’. clerk will call the roll. Here is the evidence my colleagues (5) The Little Rock Nine have indelibly left The assistant legislative clerk pro- have compiled to date: their mark on the history of this Nation. ceeded to call the roll. Joel Klein visited Japan to meet with (6) The Little Rock Nine have continued to Mr. GORTON. Mr. President, I ask the Japanese Fair Trade Commission work toward equality for all Americans. unanimous consent that the order for last December. A month later, the SEC. 2. CONGRESSIONAL GOLD MEDALS. the quorum call be rescinded. Trade Commission raided Microsoft’s (a) PRESENTATION AUTHORIZED.—The Presi- The PRESIDING OFFICER. Without Tokyo offices, confiscating thousands dent is authorized to present, on behalf of of company documents. Congress, to Jean Brown Trickey, Carlotta objection, it is so ordered. f When Russell Pittman went to Brazil Walls LaNier, Melba Patillo Beals, Terrence in May, he spoke publicly to senior Roberts, Gloria Ray Karlmark, Thelma JUSTICE DEPARTMENT TRAVEL Mothershed Wair, Ernest Green, Elizabeth Brazilian government officials respon- Eckford, and Jefferson Thomas, commonly OVERSEAS sible for antitrust enforcement in that referred to as the ‘‘Little Rock Nine’’, gold Mr. GORTON. Mr. President, the Jus- country, outlining the Justice Depart- medals of appropriate design, in recognition tice Department is out of control. Evi- ment’s case against Microsoft in detail. of the selfless heroism such individuals ex- dence is mounting that officials at the Nine days later, the Brazilian govern- hibited and the pain they suffered in the Department’s Antitrust Division has ment announced its intention to begin cause of civil rights by integrating Central been traveling around the world urging legal proceedings against the company. High School in Little Rock, Arkansas. A quote from Mr. Pittman at this (b) DESIGN AND STRIKING.—For purposes of foreign governments to join them in the presentation referred to in subsection (a) their witch hunt against Microsoft. event is particularly troubling, and, I the Secretary of the Treasury shall strike a The Administration is offering a might add, somewhat ironic. He ac- gold medal with suitable emblems, devices, helping hand to U.S. competitors over- cused Microsoft of behaving ‘‘like an and inscriptions to be determined by the seas. While foreign governments work arrogant monopolist, even acting arro- Secretary for each recipient. hard to protect their most important gantly in its relations with the anti- (c) AUTHORIZATION OF APPROPRIATION.—Ef- industries, our Justice Department is trust authorities. It will receive from fective October 1, 1997, there are authorized these agencies what it deserves.’’ Who to be appropriated such sums as may be nec- assisting those foreign governments in essary to carry out this section. their efforts to keep one of America’s is calling whom arrogant? A Govern- SEC. 3. DUPLICATE MEDALS. most vibrant, innovative, and success- ment bureaucrat on a taxpayer-funded (a) STRIKING AND SALE.—The Secretary of ful companies out of their markets. jaunt to Brazil? If the situation were the Treasury may strike and sell duplicates In a letter sent yesterday to Attor- not so serious, I would find this quote in bronze of the gold medals struck pursuant ney General Janet Reno, my colleagues to be quite ironic, Mr. President. to section 2 under such regulations as the Senators SESSIONS, ABRAHAM, and KYL In Israel in May, Dan Rubinfeld gave Secretary may prescribe, at a price suffi- raised provocative questions about the a public speech on the department’s cient to cover the cost thereof, including case against Microsoft to an audience labor, materials, dies, use of machinery, and activities of Justice Department offi- cials overseas. They have learned that that included Israeli public officials re- overhead expenses, and the cost of the gold sponsible for antitrust enforcement. He medal. Joel Klein and his staff at the Depart- later met privately, along with his (b) REIMBURSEMENT OF APPROPRIATION.— ment’s Antitrust Division are busily The appropriation used to carry out section recruiting their foreign counterparts to sidekicks from the Federal Trade Com- 2 shall be reimbursed out of the proceeds of join in their war against Microsoft. mission, with a group of Israeli Gov- sales under subsection (a). First and foremost, Mr. President, I ernment officials to outline the De- SEC. 4. NATIONAL MEDALS. would like to know what Justice De- partment of Justice’s complaint The medals struck pursuant to this Act are against Microsoft. partment officials, whose work focuses national medals for purposes of chapter 51 of Not surprisingly, the Israeli Govern- exclusively on issues here at home, are title 31, United States Code. ment is now in discussions with Micro- SEC. 5. COMMEMORATIVE COINS. doing traveling overseas at taxpayer’s soft concerning its business practices (a) IN GENERAL.—Section 101(7)(D) of the expense. According to the letter, in the in that country. United States Commemorative Coin Act of 1996 last 6 months, Joel Klein has traveled (Public Law 104–329, 110 Stat. 4009) is amended And finally, on June 8, Douglas to Japan, Russell Pittman, chief of the Melamed briefed the OECD’s Competi- to read as follows: Competition Policy Section of the ‘‘(D) MINTING AND ISSUANCE OF COINS.—The tion Law and Policy Committee in Secretary— Antitrust Division has visited Brazil, Paris on the strengths of the depart- ‘‘(i) may not mint coins under this paragraph Dan Rubinfeld, chief economist for the ment’s case against Microsoft. The after July 1, 1998; and Antitrust Division has gone to Israel, OECD Committee includes officials ‘‘(ii) may not issue coins minted under this and Deputy Assistant Attorney Gen- from Europe, Japan, Canada, and paragraph after December 31, 1998.’’. eral Douglas Melamed spent a week in (b) EFFECTIVE DATE.—The amendment made Brazil. by this section shall be construed to have the Paris in June. I applaud Senators SESSIONS, ABRA- same effective date as section 101 of the United At a time when Joel Klein has been HAM, and KYL for bringing this issue to States Commemorative Coin Act of 1996. complaining that his division does not light, Mr. President. It is just one in a Mr. BUMPERS. Mr. President, I ask have enough money or people to do its series of steps by the administration to unanimous consent that the committee job effectively, he and his staff are tie the hands of successful U.S. compa- amendment be agreed to. traveling around the world on the Jus- nies. The PRESIDING OFFICER. Without tice Department’s dime. And they are The American people deserve to objection, it is so ordered. using those foreign visits as a bully know how and why the administration The committee amendment was pulpit to tout the merits of their case is using their money and why thou- agreed to. against Microsoft and to encourage for- sands of jobs in my home State of Mr. BUMPERS. Mr. President, I ask eign governments to join in the attack. Washington and across the United unanimous consent that the bill, as This activity is reprehensible. It is States are being put on the line by a amended, be read for the third time, even more egregious when one notes contemptuous group of bureaucrats passed and the motion to reconsider be that it is being financed by the Amer- over at the Justice Department. laid upon the table, and that any state- ican people—many of whom may wind I demand that Attorney General ments relating to the bill be placed in up losing their jobs and their liveli- Reno do right and answer the questions the RECORD at the appropriate place as hoods if Joel Klein is successful. raised by my colleagues promptly and if read. We need some answers, Mr. Presi- completely. The PRESIDING OFFICER. Without dent. Does the Attorney General con- Mr. President, I suggest the absence objection, it is so ordered. sider such activities on the part of the of a quorum. S8266 CONGRESSIONAL RECORD — SENATE July 15, 1998 The PRESIDING OFFICER. The tients’ Bill of Rights. Other options are children and with children’s hospitals. clerk will call the roll. being developed. I already mentioned When your child—my child—has a seri- The assistant legislative clerk pro- the legislation being developed by my ous medical problem, you want the ceeded to call the roll. colleague from Oklahoma, Senator best care, you want the best special- Mr. DEWINE. Mr. President, I ask NICKLES, and a Republican working ists. Many times, quite bluntly, that unanimous consent that the order for group. The House of Representatives is means going to a children’s hospital. the quorum call be rescinded. considering their own proposals as Specialists trained to treat adults The PRESIDING OFFICER (Mr. GOR- well. often do not have the expertise that TON). Without objection, it is so or- The bottom line is this: It is clear children need. That is not their spe- dered. that Congress needs to consider man- cialty. I would hope that our efforts of f aged care reform legislation. I am managed care reform include making eager to work with my colleagues to sure children have access to the nec- HEALTH CARE make sure some crucial issues, particu- essary pediatric expertise, whether Mr. DEWINE. Mr. President, I rise to- larly the issues that face America’s that be from the initial treating physi- night to talk about health care, man- children, are in fact addressed. cian being a pediatrician, or whether it aged care, and the several proposals in Mr. President, while I would like to means ultimately going to a children’s Congress that attempt to address these see specific language—after all, as we hospital. issues. always say, the devil is always in the Mr. President, it is important that Mr. President, just this morning, the details—I believe that the legislation these basic protections are in place for children, because pediatric care is assistant Republican leader, Senator unveiled today by the Senator from probably the part of managed care that NICKLES, and his Republican working Oklahoma, Senator NICKLES, and the we really know the least about. The group, unveiled an outline of a bill rest of the working group, represents a truth is, we just don’t know how well they are developing, a bill that they in- positive—a positive—start on the road managed care takes care of our kids. tend to shortly introduce. to reform. The measures of quality and studies we This is clearly an issue that affects I am particularly pleased that the have that evaluate managed care sim- all Americans. Back home in Ohio, I bill includes a guarantee that children ply have not looked at children. In the hear constantly from my constituents will have direct access to pediatricians. absence of this evidence, I think that about the issues involving managed I have said it many, many times on some basic protections for children are care and the new world of health care this floor, but let me say it again this required, and they certainly make that we all live in. evening—children are not just little Mr. President, I recognize and share sense. adults. Their health care needs are I also don’t believe the cost of these the concerns that many Americans unique. When a child goes to a doctor’s have with the cost and the quality of pediatric protections will amount to a office, that child needs to see someone great deal. As we all know, children health care and of managed care. As who has been specifically trained to the father of eight children, I visited comprise about 30 percent of our popu- deal with the unique issues of pediatric lation, but a much smaller part of the emergency rooms and I visited pedia- care; that child needs to see a pediatri- cost of health care, a much smaller. I tricians’ offices. I hear and I under- cian. don’t believe that making sure children stand parents’ concerns about all the I am very pleased that my discus- can see pediatricians and pediatric spe- new hurdles in health care. I under- sions with Republican task force mem- cialists will have an increase on health stand the problems of parents strug- bers on pediatric issues has helped care costs. In fact, it should have the gling to try to get a doctor’s appoint- produce a provision in the working opposite effect. It could and should re- ment for their children, the difficulty group bill that would guarantee our duce costs. This kind of access could in trying to get managed care plans to children will be, in fact, treated by pe- cut down on unnecessary trips to doc- authorize care, and the concern that diatricians. tors, emergency rooms, and work as a their children will not get needed care Mr. President, there are several addi- good avenue for preventive medicine. if that care is not authorized. tional ways that we can further im- Preventive medicine is important for Mr. President, these are problems prove the quality of children’s health all of us, but nowhere is it as impor- shared by millions of American fami- care as a part of this overall managed tant as it is in dealing with our chil- lies. They are problems Congress must care reform effort. I would like to talk dren. Let me say that again. As the fa- deal with. But as we look at this issue, about these additional ways right now. ther of eight, I think anyone who has and all the problems and concerns that Specifically, Mr. President, I believe had children knows that and under- go with them, we need to be careful. there are three key issues that would stands that preventive care is the key. We need to be careful that we do not go a long way to addressing the health Let me move to the second point and create solutions that are really worse care needs of our children: No. 1, addi- the second suggestion, that is pediatric than the problems. tional pediatric protections beyond quality-related research. One impor- For example, as we look at regulat- what is already now in the bill. In addi- tant trend we have seen lately in our ing managed care, we have to be care- tion to guaranteeing access to pediatri- health care system is the effort to ful about the impact of proposed regu- cians, other basic protections for chil- measure quality and improve the lations on the availability of that care. dren should be addressed to help make science of health care quality. The Certainly I do not believe any of us sure that health plans are addressing ability to measure this is vitally sig- wants to see fewer people being able to specific pediatric needs. nificant. But as with many parts of our get health insurance as a result of our The most important of these is mak- health care system, not enough atten- good intentions. That is why we need ing sure that when a child faces a seri- tion has focused on children. It is re- to be sure that whatever Congress does, ous health problem that calls for spe- ported that only about 5 percent of this we do not cause health care costs to cialty care, that that child has access research is aimed at our kids. What is significantly increase. We know that to a health care provider with pediatric the result? We just haven’t had the the only result of higher costs will be a training or experience. This could same type of advances and quality im- health care system that many compa- mean that a child with a heart murmur provements for our children that we nies and individuals will simply not be would be guaranteed access to a pedi- have seen for adults. able to afford, meaning more Ameri- atric cardiologist. It could also mean I have introduced a bill that tries to cans will be denied quality health in- that a baby in need of intensive hos- fix this by focusing attention on pedi- surance. pital care and monitoring has access to atric quality-related research. Among So where do things stand right now? a children’s hospital, a children’s hos- other things, our bill includes dedi- Obviously, several health care propos- pital to make sure that pediatrics-spe- cated funding to make up for the lack als already have been introduced and cific equipment and care is available of health care outcomes and quality-re- talked about, such as the Patient Ac- for that baby. lated information for children. The leg- cess to Responsible Care Act, or Mr. President, my wife Fran and I islation being developed by the Repub- PARCA, and also the Democrat’s Pa- have personal experiences with our lican working group already includes a July 15, 1998 CONGRESSIONAL RECORD — SENATE S8267 significant focus on health care quality children. I am hopeful we will take ad- (i) requires termination of private mortgage research. My friend from Tennessee, vantage of this opportunity that we insurance or other mortgage guaranty insur- Senator BILL FRIST, has worked very face this week and next week, the op- ance— hard on this part of the bill and he has portunity that is before us, to find the (I) at a date earlier than as provided in this Act; or done an excellent job. I believe we solution that best provides for health (II) when a mortgage principal balance is should build on that effort to focus spe- care quality for our children and for all achieved that is higher than as provided in this cifically on children. I believe that Americans. Act; or would be an excellent and an important f (ii) requires disclosure of information— addition to managed care reform. (I) that provides more information than the Let me turn to the third item. The HOMEOWNERS PROTECTION ACT information required by this Act; or third area where I believe we can im- OF 1998 (II) more often or at a date earlier than is re- prove this bill, the third item with Mr. DEWINE. Mr. President, I ask the quired by this Act. which I think this Congress must deal, Chair lay before the Senate a message (C) PROTECTED STATE LAWS.—For purposes of this paragraph, the term ‘‘protected State law’’ the other improvement I would like to from the House of Representatives on means a State law— see considered, is language to strength- the bill (S. 318) to require automatic (i) regarding any requirements relating to pri- en the services provided by our Na- cancellation and notice of cancellation vate mortgage insurance in connection with res- tion’s poison control centers. Other rights with respect to private mortgage idential mortgage transactions; than preventive care, much of the insurance which is required as a condi- (ii) that was enacted not later than 2 years health care our children receive is tion for entering into a residential after the date of the enactment of this Act; and based on emergencies, occurs when mortgage transaction, to abolish the (iii) that is the law of a State that had in ef- emergencies happen. One of the more fect, on or before January 2, 1998, any State law Thrift Depositor Protection Oversight described in clause (i). common emergencies in children, of Board, and for other purposes. course, is poison. Each year more than The PRESIDING OFFICER laid be- Ω4æPage 27, line 21 before ‘‘Nothing’’ insert: 2 million poisonings are reported—2 fore the Senate the following message (a) PMI NOT REQUIRED.— million—over half of which occur in from the House of Representatives: Ω5æPage 27, after line 23 insert the following: children younger than 6 years of age. Resolved, That the bill from the Senate (S. (b) NO PRECLUSION OF CANCELLATION OR TER- While our Nation’s poison control 318) entitled ‘‘An Act to require automatic MINATION AGREEMENTS.—Nothing in this Act centers do a very good job, a very good cancellation and notice of cancellation shall be construed to preclude cancellation or job responding to these crises, they do rights with respect to private mortgage in- termination, by agreement between a mortgagor and the holder of the mortgage, of a requirement face funding problems. Many of these surance which is required as a condition for entering into a residential mortgage trans- for private mortgage insurance in connection centers have been financed through un- action, to abolish the Thrift Depositor Pro- with a residential mortgage transaction before stable arrangements from a variety of tection Oversight Board, and for other pur- the cancellation or termination date established public and private sources. Funding poses’’, do pass with the following amend- by this Act for the mortgage. difficulties are the primary reason that ments: Ms. MOSELEY-BRAUN. Mr. Presi- about half of our poison control centers Ω1æPage 1, line 5, strike ø1997¿ and insert: dent, I am glad that the Senate is con- are not certified, meaning that they 1998 sidering S. 318, the Homeowners Pro- may not be operating at all times or Ω2æPage 12, after line 16 insert the following: tection Act. I thank my colleagues on that fully qualified experts may not be (4) GAO REPORT.—Not later than 2 years after the Banking Committee for working so the date of the enactment of this Act, the Comp- available around the clock. hard to come to a final agreement on I have written legislation that would troller General of the United States shall submit to the Congress a report describing the volume this legislation. I am pleased with the deal with this problem by providing result, and I believe that our final Federal supplemental assistance to and characteristics of residential mortgages and residential mortgage transactions that, pursu- product is a good balance which will poison control centers. In addition, the ant to paragraph (1) of this subsection, are ex- both benefit consumers and protect the bill that I have sponsored, and is co- empt from the application of subsections (a) and industry. The Senate passed S. 318 last sponsored by Senator ABRAHAM, would (b). The report shall— November and this version, which has create a single, simple, toll-free num- (A) determine the number or volume of such been passed by the House, contains all ber so parents will always know who to mortgages and transactions compared to resi- of the key provisions of the bill as it call in the event of a poisoning emer- dential mortgages and residential mortgage first passed the Senate. gency, so that they always know what transactions that are not classified as high-risk Private Mortgage Insurance or PMI number they can call. These measures for purposes of paragraph (1); and (B) identify the characteristics of such mort- is a property insurance line that pro- not only would improve the quality of gages and transactions that result in their clas- tects lenders from mortgage default health care services available for chil- sification (for purposes of paragraph (1)) as risk. Homeowners pay the premiums, dren’s health, they would be lifesavers having high risks associated with the extension but the lender is the beneficary. PMI is as well. of the loan and describe such characteristics, in- We have before the Senate a very im- cluding— generally used to facilitate loans in portant debate dealing with the quality (i) the income levels and races of the mortga- which the borrower makes a down pay- and availability of health care. As al- gors involved; ment of less than 20 percent, and the (ii) the amount of the downpayments involved lender usually seeks coverage of the ways, when we talk about health care, and the downpayments expressed as percentages we need to be sure we are meeting the initial 20 percent of the loan value. of the acquisition costs of the properties in- However, a number of homeowners needs of children as well as adults. So, volved; as we begin the debate and consider the (iii) the types and locations of the properties currently continue to pay premiums legislation, we have a great oppor- involved; well pass the point of reaching 20 per- tunity, a great opportunity to take ac- (iv) the mortgage principal amounts; and cent equity in their home, and some- (v) any other characteristics of such mort- times for the entire life of the loan. tion that improves the lives of our gages and transactions that may contribute to young people. This Congress already This excessive PMI coverage is not their classification as high risk for purposes of only expensive for the consumer, but has enacted a number of important paragraph (1), including whether such mort- pieces of legislation that will save gages are purchase-money mortgages or provides little added protection to the lives, that will save young lives. refinancings and whether and to what extent lender. In many cases, homeowners are Last year, for example, we passed im- such loans are low-documentation loans. never informed of their right to cancel portant bipartisan legislation to im- Ω3æPage 24, strike lines 15 through 23 and in- PMI, or are faced with significant ob- prove the quality and the availability sert: stacles when they do attempt to cancel of health care for low-income children. (2) PROTECTION OF EXISTING STATE LAWS.— the coverage. This legislation will end We also passed bipartisan legislation to (A) IN GENERAL.—The provisions of this Act that predatory practice. It gives home- reform our foster care system, vitally do not supersede protected State laws, except to owners the right to cancel PMI when important legislation to reform our the extent that the protected State laws are in- they have accummulated sufficient eq- consistent with any provision of this Act, and uity in their home to protect the lend- foster care system that will save lives then only to the extent of the inconsistency. and is saving lives. (B) INCONSISTENCIES.—A protected State law er from default. It will also provide for This Congress clearly has taken the shall not be considered to be inconsistent with a automatic cancellation of the mort- opportunity to improve the lives of our provision of this Act if the protected State law— gage insurance when the mortgagor’s S8268 CONGRESSIONAL RECORD — SENATE July 15, 1998 payments meet the defined loan to ‘‘(B) Subparagraph (A)(i) shall not apply to the information of all Senators, the value ratio of 78 percent or less. Fi- a nonprofit institution whose primary func- Senate will reconvene tomorrow morn- nally, the bill generally prohibits lend- tion is to provide health care educational ing at 10 a.m. and immediately resume ers from requiring that consumers ob- services (or an affiliate of such an institu- consideration of the agriculture appro- tion that has the power, by contract or own- tain PMI when they have a 20 percent ership interest, to direct or cause the direc- priations bill. or more down payment, with certain tion of the institution’s management or poli- It is hoped that Members will come exceptions. cies) that files for bankrupcy under Chapter to the floor to offer and debate any re- S. 318 also ensures that lenders can 11 of Title 11 of the United States Code be- maining amendments to the agri- continue to offer a product called lend- tween July 1 and December 31, 1998.’’ culture appropriations bill so that the er paid mortgage insurance or LPMI, Mr. DEWINE. Mr. President, I move Senate can complete action on this leg- where the mortgage insurance is paid that the Senate concur in the amend- islation by early afternoon tomorrow. by the lender. LPMI folds the insur- ments of the House with the amend- Following disposition of the agri- ance payment into a slightly higher in- ment I have sent to the desk. culture appropriations bill, the Senate terest rate. The product provides an The motion was agreed to. may resume consideration of the VA– economic benefit for consumers for the f HUD appropriations bill, or may begin early part of the loan, and becomes less the legislative branch appropriations MEASURE READ THE FIRST beneficial over time if the loan is not bill. TIME—S. 2316 refinanced for the life of the loan. The Senate may also consider any When the legislation was considered in Mr. DEWINE. Mr. President, on be- other legislative or executive items the Banking Committee I authored an half of the majority leader, I under- cleared for action. Therefore, Senators amendment, along with my colleague, stand that S. 2316, introduced earlier should expect rollcall votes throughout Senator GRAMS, which preserves LPMI. today by Senator MCCONNELL, is at the the day and into the evening during Our amendment, which is a part of this desk and I ask for its first reading. Thursday’s session. legislation, provides for strong disclo- The PRESIDING OFFICER. The sures that ensure the consumer is clerk will report. f aware of the way that LPMI works, and The assistant legislative clerk read ADJOURNMENT UNTIL 10 A.M. can assess the benefits and drawbacks as follows: TOMORROW of this product. I would like to thank A bill (S. 2316) to require the Secretary of Energy to submit to Congress a plan to en- my colleagues for accepting my amend- Mr. DEWINE. Mr. President, if there sure that all amounts accrued on the books is no further business to come before ment, which ensures that this product of the United States and Enrichment Cor- will continue to provide benefit to con- poration for the disposition of depleted ura- the Senate, I now ask that the Senate sumers. nium hexafluoride will be used to treat and stand in adjournment under the pre- Again, Mr. President, I would like to recycle the depleted uranium hexafluoride. vious order. express my strong support for S. 318, Mr. DEWINE. Mr. President, I now There being no objection, the Senate, the Homeowners’ Protection Act, and I ask for its second reading, and I object at 10:48 p.m., adjourned until Thursday, urge my colleagues to support its quick to my own request. July 16, 1998, at 10 a.m. enactment. The PRESIDING OFFICER. The ob- f AMENDMENT NO. 3171 jection is heard. Mr. DEWINE. I ask unanimous con- The bill will be read for the second NOMINATIONS sent the Senate concur in the amend- time on the next legislative day. Executive nominations received by ments of the House with an amend- f the Senate July 15, 1998: ment, which is at the desk. ORDERS FOR THURSDAY, JULY 16, DEPARTMENT OF AGRICULTURE The PRESIDING OFFICER. Without 1998 objection, it is so ordered. CHARLES R. RAWLS, OF NORTH CAROLINA, TO BE GEN- Mr. DEWINE. Mr. President, on be- ERAL COUNSEL OF THE DEPARTMENT OF AGRICULTURE, The clerk will report. VICE JAMES S. GILLILAND, RESIGNED. half of the majority leader, I ask unan- The assistant legislative clerk read FEDERAL EMERGENCY MANAGEMENT AGENCY as follows: imous consent that when the Senate ROBERT M. WALKER, OF TENNESSEE, TO BE DEPUTY The Senator from Ohio [Mr. DEWINE] for completes its business today, it stand DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT Mr. SANTORUM, for himself and Mr. SPECTER, in adjournment until 10 a.m. on Thurs- AGENCY, VICE HARVEY G. RYLAND, RESIGNED. proposes an amendment numbered 3171 to day, July 16. DEPARTMENT OF STATE the amendments of the House to the bill S. I further ask that when the Senate GEORGE MC DADE STAPLES, OF KENTUCKY, A CAREER 318. reconvenes on Thursday, immediately MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND The amendment is as follows: following the prayer, the routine re- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA At the end of the House amendments, add quests through the morning hour be TO THE REPUBLIC OF RWANDA. the following: granted and the Senate then resume FOREIGN SERVICE EC S . . Section 481(a)(4) of the Higher Edu- consideration of S. 2159, the agriculture THE FOLLOWING-NAMED CAREER MEMBERS OF THE cation Act of 1965 (20 U.S.C. 1088(a)(4)) is appropriations bill. FOREIGN SERVICE OF THE UNITED STATES INFORMA- amended by— The PRESIDING OFFICER. Without TION AGENCY FOR PROMOTION INTO THE SENIOR FOR- (1) inserting the subparagraph designation EIGN SERVICE TO THE CLASS INDICATED, AND FOR AP- objection, it is so ordered. POINTMENT AS CONSULAR OFFICER AND SECRETARY IN ‘‘(A)’’ immediately after the paragraph des- THE DIPLOMATIC SERVICE, AS INDICATED: ignation ‘‘(4)’’; f CAREER MEMBER OF THE SENIOR FOREIGN SERVICE (2) redesignating subparagraphs (A) and (B) OF THE UNITED STATES OF AMERICA, CLASS OF COUN- PROGRAM SELOR: as clauses (i) and (ii), respectively; Mr. DEWINE. Mr. President, again, ROBERT JAMES BIGART, JR., OF NEW YORK (3) adding at the end thereof the following THOMAS J. KRAL, OF MARYLAND new subparagraph: on behalf of Majority Leader LOTT, for CAROL J. URBAN, OF THE DISTRICT OF COLUMBIA July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1301 EXTENSIONS OF REMARKS

TRIBUTE TO ROMANIAN PRESI- mania takes a leadership role in the Partner- eral prominent publications have identified DENT EMIL CONSTANTINESCU ship for Peace collaboration. He helped lead health care as the defining issue of the 1990s. the Romanians in giving U.S. President Bill I agree. In meeting after meeting in southern Clinton in 1997 his biggest reception any- Indiana I have noticed how persistently the HON. MIKE PARKER where up to that time. And the same Roma- question of health care comes forward in dis- OF MISSISSIPPI nians have indicated the highest level of sup- cussions. It is the issue that bubbles and IN THE HOUSE OF REPRESENTATIVES port for NATO and partnership with America seethes beneath the surface at all times sim- of any of the peoples of Eastern Europe; Wednesday, July 15, 1998 Met with regional and other world leaders ply because it is the most personal and real to demonstrate his determination to make issue that touches the hopes and fears of Mr. PARKER. Mr. Speaker, for the RECORD every American. I would like to submit a statement of tribute by Romania a peaceful island of stability in the volatile region. His outreach to the Hungar- POPULAR VIEWS ON HEALTH CARE my former House colleague David Funderburk ian minority and to neighboring Hungary as to Romania's President who is visiting Wash- well as to neighboring Ukraine have been I find Hoosiers overwhelmingly want ev- ington this week. models of cooperation in the region; eryone to have access to health care services Helped guide Romania through its most A TRIBUTE TO ROMANIAN PRESIDENT EMIL but they split on how to pay for that access. difficult economic crisis in the post-com- CONSTANTINESCU ON THE OCCASION OF HIS Hoosiers are usually skeptical of government munist period by calmly accentuating the VISIT TO WASHINGTON IN JULY 1998 action but I do not find them objecting to a positive, and focusing on the big picture of prominent role for government to play in (By David Funderburk) Romania’s goals of Western partnership and health care. They do not want a comprehen- Emil Constantinescu has been described as peace. His leadership has helped produce po- sive plan like the one President Clinton pro- Romania’s ‘‘Vaclav Havel.’’ There are many litical stability and project optimism in the reasons why Constantinescu should be face of a not-always-supportive coalition posed in 1994, but they do want to see the classed together with Vaclav Havel the government. government assuring access to affordable Czech dissident hero of the communist era. There is no doubt that Romania has some health care, vigorously policing the provid- Admittedly as a friend of Constantinescu I distance to travel before it’s on a par with ers of health care such as insurance compa- am not a completely unbiased observer. And the West in terms of economic reform and nies, demanding more generous coverage after spending two years living in Romania even political stability. More needs to be from employers, and ensuring that their ex- during the 1970’s and four years during the done to make the investment climate attrac- isting benefits are not cut back. Futhermore, 1980’s in Ceausescu’s time, I never thought I tive to U.S. companies and to complete the they do not want to see any interference would see a democratic President of Roma- implementation of the economic reforms. with the doctor-patient relationship. nia. For a few years following the end of the But change has been coming—gradually, steadily, inexorably. And most remarkably When it comes to the issue of managed Ceausescus I looked with skepticism on some care, most people recognize that managed of the transitional figures of the country. Romania has come a very long way since Ceausescu. Romania was left in about the care plans have helped to hold down costs Also I wondered how many of those new and provide preventive health care. But they voices who seemed to be jumping on the worst possible position to reform with a Sta- also worry that managed care can sometimes democratic reform and free market band- linist command economy, central planning interfere with the doctor-patient relation- wagon were for real. Emil Constantinescu and virtually no private sector. The steady hand of Constantinescu’s lead- ship and impede access to medical treat- has proven that he is for real. ership has helped guide Romania as it goes Emil Constantinescu is the first truly ment. They want government to hold man- through the toughest transition in Eastern democratic President of Romania after 42 aged care plans accountable. The general Europe, without bloodshed, revolt or diver- view seems to be that Hoosiers will support years of harsh communism and 7 years of sion from the NATO-integration course. stagnation following the demise of Nicolae tougher government oversight of managed Constantinescu is a visionary leader who fo- care plans but they do not want the govern- and Elena Ceausescu. cuses on the big picture of Romania’s place Constantinescu is enlightened, well edu- ment to come in and take over health care. in the world, and strives to help fulfill the cated, pro-American, and a man of integrity dreams of ordinary Romanians to be given MIXED SUCCESS with a historical sense of purpose for his peo- recognition, acceptance and respect by the ple and their future. West particularly by the U.S. Since we have In light of widespread support for changes The leading interwar political party—the the benefit of such a leader in Bucharest, we in the health care system, I am struck by the National Peasant & Christian Democrats— should move quickly during this visit to as- number of Hoosiers who say to me that they emerged from the ashes of communism under sist Constantinescu and Romania. are quite satisfied with their own health the leadership of Corneliu Coposu, a giant Washington—from the White House to Cap- care. Their personal experiences have largely figure who had been imprisoned under itol Hill to the business community and been positive. They recognize the successes Ceausescu. Coposu, who was a national sym- media—has a special moment in history to of the American health care system. Vac- bol of integrity and sacrifice for freedom, do the right thing by this new Romania. cination rates are up, premature births are designated as the party’s standard-bearer in Let’s show our appreciation to President down, more women are getting mammo- both 1992 and 1996 the little known Geology Emil Constantinescu and Romania and show grams, and the move to managed care has professor and Rector of the University of Bu- our recognition for their historic longings, charest, Dr. Emil Constantinescu. During saved billions of dollars in health care spend- their geopolitical and strategical value to ing. They and their families are probably as the transition period in Romania under peace, and political stability in the region. Iliescu, Constantinescu gained political ex- Let’s take advantage of this special oppor- healthy today as they ever were and for the perience in his role as a leader of the opposi- tunity and welcome the new democratic most part they have affordable health cov- tion. President Emil Constantinescu—‘‘Romania’s erage. Romania’s ‘‘Havel’’ Emil Constantinescu Havel’’—to Congress, the White House and Nonetheless, underlying these successes is has in fact accomplished the following: America. It’s something we will not regret. the fear that the system will not continue to Led Romania to its first real democratic f work for them and be there in times of crisis. election victory in 1996 and peaceful transi- Hoosiers really worry about how they would tion with a platform incorporating the core HEALTH CARE REFORM handle a major illness, and they tell me values of Western civilization. And again and again of acquaintances who were Constantinescu initiated the coalition HON. LEE H. HAMILTON simply wiped out financially by a major Democratic Convention program called the OF INDIANA medical problem. Many feel overwhelmed by ‘‘Contract with Romania.’’ IN THE HOUSE OF REPRESENTATIVES Presided as a populist President living a the red tape and bureaucracy in today’s spartan existence and working long hours in Wednesday, July 15, 1998 health care system. They are uncomfortable the midst of hardship for many workers in that power has shifted in the health care sys- Mr. HAMILTON. Mr. Speaker, I would like to tem from the physicians to the insurance the country. He receives only a token salary insert my Washington Report for Wednesday, and drives a small inconspicuous car without companies and managed care plan adminis- July 15, 1998 into the CONGRESSIONAL the motorcade fanfare of his predecessors; trators. RECORD. Led an activist campaign to permanently CONGRESSIONAL OUTLOOK tie Romania to the West, NATO and the U.S. MANAGED CARE REFORM (whose support Romania needs for its NATO The most important political issue today, President Clinton made health care a cen- aspirations). He has helped ensure that ro- and for the past decade, is health care. Sev- tral theme of his first term in office when he

∑ 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. E1302 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 put forward his sweeping health care pro- TRIBUTE TO LISA MENDOSA The Rotary had its beginnings in February posal which featured universal coverage and 1905, when Chicago attorney Paul P. Harris a mandate on employers to provide health called three businessmen friends to a meeting. insurance for their employees. But his plan HON. GEORGE P. RADANOVICH OF CALIFORNIA He proposed a club that would kindle fellow- was decisively rejected and led, in large part, ship among members of the business commu- to the change of control in Congress in 1994. IN THE HOUSE OF REPRESENTATIVES nity and by the end of the year, the club had The Clinton health care proposal was re- Wednesday, July 15, 1998 jected because people felt it was too massive, 30 members. The name Rotary was adopted too complex, and its consequences too uncer- Mr. RADANOVICH. Mr. Speaker, I rise because meetings were rotated among the tain. The bill was about 1300 pages in length. today to pay tribute to Lisa Mendosa. Lisa members' place of business. Rotary Clubs Mendosa, an accomplished woman of the were formed in San Francisco, Seattle, Wash- Although the rejection of Clinton’s pro- `90s, has added the title of Community Rela- ington, Los Angeles and New York in the next posal made both the Congress and the Presi- dent wary of comprehensive health care re- tions Coordinator of Borders Books to her few years. By 1921, the organization was rep- form, the issue did not die. Today, members credit. Having worked in numerous fields, Lisa resented on every continent and the name Ro- of Congress are keenly aware of the intensity Mendosa is in many respects, considered a tary International was adopted in 1922. Today, of their constituents feelings on health care. renaissance woman. there are more than 24,000 Rotary Clubs with The public is demanding better care for less Lisa Mendosa has had an impressive ca- a membership of 1.1 million in 167 countries. money. They do not like the high cost of reer, yet still has much of her life ahead of At the international level, Rotary is involved health care or the restrictions on its avail- her. In 1987, she was named one of Ameri- in many humanitarian projects, including edu- ability. They know the shortcomings in to- ca's top 100 women in Communications/His- cational grants for overseas study, a $200 mil- day’s system: too many Americans, espe- panic USA. In the same year she also won an lion program to eradicate polio worldwide, cially children, do not have adequate health award in the Associated Press television-radio youth and group exchanges between nations care coverage; long-term care for older per- competition. In 1989, she was named one of to foster international understanding, hunger sons is unaffordable to most Americans; and America's top 100 junior college graduates. In and health programs in developing countries, many feel that managed care plans focus 1995, Lisa Mendosa received an Emmy Award and financial aid to disaster relief programs. more on holding costs down than providing for her coverage of the Leer Jet crash in Fres- At the local level, the Park Ridge Rotary is quality care. no. involved in a wide variety of community serv- INCREMENTAL REFORM Lisa Mendosa has also published a number ice programs. The Rotary distributes annual of books on animals and children. She has a holiday food baskets to the handicapped, On health care, as on many issues, Ameri- cans are more comfortable with incremental great love for animals and has raised two sponsors a holiday party for the handicapped, steps and skeptical of massive changes in dogs from the age of eight weeks and studied sponsors the Rotary Youth Leadership Awards one swoop. For the next few years, my guess their development for more than 8 years. Lisa and an exchange student program. It supports is that the Congress will proceed with im- Mendosa spent 17 years working in TV news the Tri-Boro Ambulance, Meals on Wheels, provements in health care on a step-by-step researching, writing, producing and presenting the Park Ridge High School and Pascack Val- basis. That’s what it tried to do two years thousands of news stories. At Channel 24, ley High School Interact Clubs, the Park Ridge ago with the Kennedy-Kassenbaum legisla- Lisa went from management to producer. After and Montvale Eagle Scout Awards, the Park tion which mandated portability in most in- winning her Emmy, Lisa was offered a position Ridge Public Library and many other organiza- surance plans, enabling workers to change by Channel 30, which she took. Currently, she tions, events and programs. jobs and not be dropped for preexisting con- is a Community Relations Coordinator for Bor- The Park Ridge Rotary Club has helped ditions, and last year when it expanded cov- ders Books. Today, she works harder than make Park RidgeÐalong with Montvale and erage for children. ever to establish a close community relation- Woodcliff LakeÐa better place to live, work In the Congress, both parties are proposing ship with the Borders Book's staff. and raise a family for 70 years. I join with my plans to patch up managed care with such Mr. Speaker, it is with great honor that I pay colleagues in the House of Representatives to measures as expanding a patient’s ability to tribute to Lisa Mendosa. Already being an ac- wish the Club and its members many more choose a doctor and to receive emergency complished woman of the `90's and consid- years of continued success. care and to appeal plan decisions to a neu- ered a renaissance woman, Lisa Mendosa f tral third party. continues to be dedicated to her work. Her It is quite possible that the Congress will dedication and exemplary efforts should serve PROMPT COMPENSATION ACT OF approve this year a sensible, but modest, as an inspiration to all. I ask my colleagues to 1998 health care reform package which I would join me in wishing Lisa Mendosa continued expect to support. The elements of the pack- success for the future. HON. DUNCAN HUNTER age would likely include new opportunities f OF CALIFORNIA for patients to appeal to a neutral third IN THE HOUSE OF REPRESENTATIVES party when their health plans deny them CONGRATULATING THE PARK care, give more information to help them se- RIDGE ROTARY CLUB Wednesday, July 15, 1998 lect doctors and health plans, provide women Mr. HUNTER. Mr. Speaker, I rise today to the right to see a gynecologist, guarantee discuss an issue that is extremely important, emergency room access without prior ap- HON. MARGE ROUKEMA proval from managed care plans, protect per- OF NEW JERSEY private property rights. All of us have heard sonal medical information, and allow doctors IN THE HOUSE OF REPRESENTATIVES from constituents in our districts who are frus- trated with the process by which the govern- to discuss with their patients a full range of Wednesday, July 15, 1998 medical options. ment provides compensation to landowners for Mrs. ROUKEMA. Mr. Speaker, I rise to con- the private property it acquires. As you know, CONCLUSION gratulate the Park Ridge (New Jersey) Rotary the federal government obtains private prop- We are in the midst of major changes in Club on its 70th anniversary. This group of erty for all types of reasons, from community health care coverage. A decade ago, the ma- business men and women is a cornerstone of and infrastructure development to environ- jority of Americans received health care public service in our community. Their dedica- mental concerns. Unfortunately, it is common through traditional fee-for-service plans. tion and hard work have helped groups rang- for this process to take several years, during Today most Americans receive their health ing from the Boy Scouts to the handicapped. which, the property owner is discouraged from care through managed care, usually through They help keep alive the old-fashioned value conducting any type of development or im- HMOs. Lower costs and a wider array of ben- of neighbor helping neighborÐthe type of provement activity upon their land. It is for this efits, including prescription drug benefits, value that makes a community a community. reason that I will soon be introducing The are often seen as advantages of managed care The Park Ridge Rotary Club was chartered Prompt Compensation Act of 1998. plans. As the reform debate goes forward it November 19, 1928, and held its first meeting Currently, the federal government has two is important to build on the success of what is developing into a more efficient health December 14, 1928, at the Masonic Hall in alternatives available in acquiring private prop- care system, while improving both the qual- Park Ridge. Of the 25 charter members erty. The first is termed as a ``straight con- ity of care and patient satisfaction with present at that meeting, oneÐCharlie GreyÐ demnation'' procedure where a landowner re- their health care services. My guess is that is still active at age 96. There are 63 members ceives notification that a federal agency has health care reform will be on the agenda of in today's club, which serves the Tri-Boro area requested the Justice Department to file a the Congress for many years to come. of Park Ridge, Montvale and Woodcliff Lake. complaint in condemnation in an attempt to July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1303 acquire their property. The complaint is filed the sale. Since the ordinance was instituted in In ``America's 30 Years War: Who is Win- with the district court of the district where the the county in 1993, that number has declined ning?'' Dr. Vazsonyi shows, with unmistakably land is located and the appropriate compensa- dramatically. In a recent investigation con- clarity, how every time we move away from tion is ascertained. Once this process is com- ducted in Ingham county, 85% of all minors America's founding principles we move toward pleted, the federal government is afforded the who attempted to purchase cigarettes were the failed model of European socialism. option of paying this amount and assuming denied the sale. These are impressive statis- Please take time to read this seminal and the title of the land or moving for dismissal, in tics that I would like to see repeated across through-provoking book. which case, the title of the property remains the nation. Mr. Speaker, I congratulate Dr. Balint with the original owner. It is important to re- The war against teen smoking will only be Vazsonyi on his many accomplishments and I member that during this process, the land- successful if it is fought on many fronts. ask my colleagues to join me in wishing him owner's opportunity to conduct any type of de- Tough, comprehensive laws must be passed many more years of success. velopment is severely limited, depriving these at the federal level. And, we must work in f individuals of time, revenue and, in some partnership with states and local governments cases, overall value in their land. if we are to be successful. I encourage state SOCIAL SECURITY The second alternative is termed a ``quick- and local governments across our country to take'' procedure where the title of the property join the fight and follow the example set by HON. LEE H. HAMILTON is immediately transferred to the federal gov- Ingham County by instituting laws in their OF INDIANA ernment and an amount, which the govern- communities that prevent minors from pur- IN THE HOUSE OF REPRESENTATIVES ment presumes the land is worth, is provided chasing cigarettes. I commend the efforts of Wednesday, July 15, 1998 to the owner. Normal protocol is then followed, the Ingham County Board of Commissioners a condemnation complaint is filed and the and the Ingham County Health Department for Mr. HAMILTON. Mr. Speaker, I would like to court determines just compensation. If this making a bold effort to improve the health and insert my Washington Report for Wednesday, amount is more than that originally provided, welfare of our community's youngest citizens. July 8, 1998 into the CONGRESSIONAL RECORD. the federal government is required to pay the f SOCIAL SECURITY REFORM difference with interest. BALINT VAZSONYI: TRUE In recent months, much attention has been The Prompt Compensation Act of 1998 will focused in Congress on the status of the So- require the federal government to provide just AMERICAN cial Security program. Following President compensation to the property owner within 90 Clinton’s State of the Union address this days or forfeit its interest. In other words, this HON. GEORGE P. RADANOVICH past January in which he recommended that saving Social Security be a top priority, re- legislation will simply make the ``quick-take'' OF CALIFORNIA procedure the only option available to the fed- form proposals have become a hot topic. The IN THE HOUSE OF REPRESENTATIVES most widely discussed proposals include in- eral government. The Prompt Compensation Wednesday, July 15, 1998 vesting some of the Social Security Trust Act of 1998 will require the federal govern- Fund in the stock market, adding a ment to strongly consider all viable alter- Mr. RADANOVICH. Mr. Speaker, I rise to meanstest requirement, or enacting a com- natives before attempting to acquire new land commend Dr. Balint Vazsonyi as a true Amer- bination of tax cuts and benefit reductions. and prevent landowners from losing valuable ican. Balint Vazsonyi knows first-hand what it SUCCESSES OF SOCIAL SECURITY means to live in fear, as he has done so time in developing their property. I urge all my Social Security is not only a very popular colleagues to become a cosponsor of this bill under Nazi occupation then under Communist program but has also proven to be an ex- and to strongly consider the significant impact oppression in his native Hungary. tremely successful program in providing a this legislation will have in curbing the taking Overcoming the barriers to human expres- safety net for our nation’s elderly. authority of the federal government, while at sion put up by authoritarian states, Dr. Since the program began under President the same time, strengthening the private prop- Vazsonyi has since become a world-renowned Franklin Roosevelt in 1935, Social Security concert pianist, and a well-respected historian has provided benefits to generations of work- erty rights of America's landowners. ers and their families, with the number of f and ultimately a United States citizen. Dr. Vazsonyi, or just plain ``Balint'', is a reg- beneficiaries over the last half century in ex- IN PRAISE OF INGHAM COUNTY’S cess of 160 million Americans. With almost ular op-ed contributor to the Washington 92% of Americans over the age of 65 receiving EFFORTS TO REDUCE TEEN Times as well as several other newspapers Social Security benefits, this program pro- SMOKING around the country. He sits on the boards of vides nearly universal coverage. In Indiana, many community groups and is the Director of over 960,000 Hoosiers are beneficiaries, cover- HON. DEBBIE STABENOW the Center for the American Founding. As a ing over 17% of our state’s population. Therefore, Social Security has played, and OF MICHIGAN child he lived under Nazi terror and as an ado- continues to play, an important role in the IN THE HOUSE OF REPRESENTATIVES lescent he participated in the Hungarian upris- ing against the Soviet occupiers. lives of many beneficiaries and their fami- Wednesday, July 15, 1998 lies. Balint's musical career is well known. He re- In addition to serving as a broad safety net Ms. STABENOW. Mr. Speaker, I rise today ceived his Artist Diploma at Budapest's famed for millions of Americans, Social Security is to commend the outstanding work of the Liszt Academy. Just recently, the Hungarian also the largest anti-poverty program. By Ingham County Board of Commissioners and Embassy in Washington, DC presented him a some estimates, half of our nation’s elderly the Ingham County Health Department in re- gala piano recital in celebration of the 50th an- (about 18 million people) would live in pov- stricting the sale of tobacco to minors. The niversary of his first concert appearance in erty if Social Security did not exist. Last Ingham County Board of Commissioners Hungary. Balint also has a Ph.D. in history. year, two-thirds of the elderly in America passed an ordinance effective January 1, I highly recommend to my colleagues, and were provided benefits from Social Security that represented at least half of their in- 1993 requiring that tobacco could only be sold all Americans, his new book, ``America's 30 come. Social Security is more than simply a through establishments licensed by the coun- Years War: Who is Winning?'' Drawing on his retirement program. More than a third of ty. For violations, the Health Department can own life experiences he describes how our benefits go to widows or widowers, children, issue citations and for repeated violations hard-won freedoms are gradually being erod- and the disabled. have the license to sell tobacco revoked. ed. Vazsonyi traces the essence of what LONG—TERM SOLVENCY These enforcement provisions are similar to makes America unique, from the Founding Social Security is our largest domestic so- many used for enforcing liquor laws in com- until today, and exposes how ideas imported cial program. In 1996, the benefits paid out munities which have been very effective in from European socialist states are undermin- exceeded $347 billion. Social Security has curbing the sale of liquor to minors. The possi- ing America's distinct political and moral cul- been able to pay these benefits with great ef- bility of losing a license to sell liquor or to- ture. ficiency. Administration costs for Social Se- bacco for a violation of law has proven to In a witty and personal style, Balint docu- curity are about 1% of benefits, compared to have a significant impact on the business ments how the founding principles of the rule the 12–14% that is typical for private insur- ance plans. But while the program has oper- community's self monitoring activities. of law, individual rights, secure ownership of ated with relative efficiency over the years, In 1992, 78% of minors who attempted to property and common American identity are there still remain significant challenges to purchase cigarettes in Ingham County were being deliberately supplanted by the alien no- the long-term financial health of Social Se- successfully able to make a purchase. In other tions of group rights, forced redistribution of curity. In particular, the impending increase words, only 22% of all minors were refused private possessions, and multiculturalism. in the number of retirees and the increase in E1304 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 the life span of Americans both present other benefits relative to lifetime earnings for country. I also want to send a specific thank sets of challenges for the long-term solvency lower earners than for higher earnings. It is you to the crew of the U.S.S. JOHN C. STEN- of Social Security. an efficient program and is an important NIS (CVN 74) who form the backbone of our The Social Security Trust Fund is cur- means to eliminating poverty. The program, commitment to Gulf security. Under the able rently solvent and is projected to remain sol- however, clearly requires reform so that we vent well into the next century. But the can provide benefits to future generations of leadership of the Battlegroup Commander, long-term changes in the workforce will retirees. The challenge will be to enact re- RADM Ralph Suggs, the ship's Commanding place a major strain on its ability to pay full forms which build on the successes of the Officer, Captain Douglas Roulstone, and the benefits for the baby boomers’ retirement. program, enjoy broad public support, and put Executive Officer, CDR Wade Tallman, our Social Security will be able to pay all prom- the program on firm financial footing for newest aircraft carrier and pride of the fleet is ised benefits including cost-of-living adjust- generations to come. the reason why Saddam Hussein and the Iraqi ments until the year 2032. After 2032, the f leadership are kept at bay. These Navy lead- trust fund will still be able to pay 75% of ers took a brand new ship and crew and weld- promised benefits. Thus if no adjustments J.J. ‘‘JAKE’’ PICKLE FEDERAL ed them into a team that is now a cornerstone are made between now and then, the trust BUILDING fund will experience a shortfall, but will not in our nation's security. be exhausted. Our current economic prosper- A member of my staff recently served with SPEECH OF ity, and projected budget surpluses, though, this crew as they prepared for the Gulf. He re- offer a great opportunity to act now to avert HON. LAMAR S. SMITH minded me that long after CNN and the other the depletion of the trust fund. OF TEXAS networks left the Gulf, our people in the na- REFORM PROPOSALS tion's sea service remained on duty in the IN THE HOUSE OF REPRESENTATIVES The reform debate is focusing on three Gulf. While I cannot read the names of the broad approaches to shore up Social Secu- Tuesday, July 14, 1998 whole crew, I wanted to send a special thank rity. Mr. SMITH of Texas. Mr. Speaker, I strongly you from the Congress to the ship's intel- Incremental reform: The first approach is ligence staff who are the eyes and ears of the to make modest adjustments to the existing support H.R. 3223, a bill designating the J.J. program by reducing benefits and altering ``Jake'' Pickle Federal Building in Austin, Battlegroup, watching any threat which may the taxation of benefits. For example, the Texas. intend harm for America and her allies. In spe- working period over which a retiree’s bene- Though Jake has been out of office for 5 cific, I want to thank the following sailors for fits are computed could be increased from 35 years, his former constituents and fellow Tex- their service. to 38 years. By taking into account the addi- ans still call on him and respect him because CDR Paula L. Moore, LCDR William P. tional three years, a worker’s earlier, and they all know what everyone knows about Hamblet, LCDR Cecil R. Johnson, LT Claudio usually lower-paying, employment years JakeÐhe really cares. C. Biltoc, LT Wayne S. Grazio, LT Constance would figure into her wage history, thereby Throughout his 30 years in Washington he M. Greene, LT Amy L. Halin, LT Michael C. lowering the level of benefits. Another pro- McMahon, LT Michael S. Prather, LTJG Jason posal on the benefits side calls for adjusting never forgot who sent him or why he was the consumer price index so that it more ac- thereÐto make the lives of his constituents S. Alznauer, LTJG Kwame O. Cooke, LTJG curately reflects the rate of inflation. On the and all Americans better. Joe A. Earnst, LTJG Ben H. Eu, LTJG Neil A. tax side, the income threshold for taxation Of course no building named after Jake Harmon, LTJG Kevin J. McHale, LTJG Alex- of Social Security benefits could be raised. would be complete without the words ``Howdy, ander W. Miller, LTJG Eric C. Mostoller, LTJG Currently, only beneficiaries with incomes Howdy, Howdy'' inscribed over the entryway! Kevin E. Nelson, LTJG John M. Schmidt, ENS above certain annual thresholds, $32,000 for Surely he is the quintessential Texan. Curtis D. Dewitt, ENS Joseph M. Spahn, married couples and $25,000 for single people, All of usÐRepublicans and DemocratsÐ CWO2 Robert G. Stephens, ISCS(SW) Mary owe taxes on their benefits. B. Buzuma, CTIC Andrea C. Elwyn, Means-testing: A second basic approach to continue to admire and appreciate Jake Pick- reform entails means-testing Social Secu- le. CTRC(SW/AW) Leroy Dowdy, ISC Nancy A. rity. This approach would involve reducing f Heaney, PHC(AW) Troy D. Summers, CTO1 payments to beneficiaries who earn more William L. Beitz, IS1 Janice E. Bevel, CTR1 than a specified income threshold. Advocates THANK YOU TO THE CREW OF Theresa L. Covert, CTR1 Charlene Duplanter, of means-testing argue that Social Security ‘‘JOHN C. STENNIS’’ PH1 Lewis E. Everett, CTA1 Jennifer L. Fojtik, was designed to protect the elderly from fi- IS1 Matthew E. Hatcher, CTM1(SW) Susan C. nancial adversity in old age, and that bene- HON. BENJAMIN A. GILMAN Kehner, IS1(AW) Kevin E. King, CTT1 John E. fits could be reduced for those who are better Schappert, CTT1 Marx A. Warren, CTR1(SW/ off and have less of a need for benefits. Crit- OF NEW YORK ics respond that means-testing might trans- IN THE HOUSE OF REPRESENTATIVES AW) Kevin R. Webb, PH1(AW) James M. Wil- liams, CTR2 Francis E. Algers, IS2 Zachary C. form the public’s perception of the program Wednesday, July 15, 1998 from one that benefits everyone to one that Alyea, PH2 Clinton C. Beaird, IS2 Brandon G. serves only low-income beneficiaries. This Mr. GILMAN. Mr. Speaker, today the men Brooks, DM2 Chad A. Dulac, IS2 Sean M. opens up the possibility of undermining the and women of the U.S. Armed Forces stand Fitzgerald, PH2(AW) Brain D. Forsmo, CTR2 broad political base of support for the pro- guard in defense of our vital interests in the Sarah A. Fuselier, IS2 Brent L. George, IS2 gram. Persian Gulf. These dedicated men and Richard M. Gierbolini, IS2 Christopher S. Privatization: A third approach is to pri- vatize the Social Security system. The main women stand ready to respond to the latest Holloman, CTR2 Kevin J. Hubbard, PH2 Leah proposal would establish a system of Individ- crisis in the Middle East with the most ad- J. Kanak, CTI2(NAC) Paula C. Keefe, IS2 ual Retirement Accounts. These accounts vanced and capable weapons systems avail- Angel Morales, IS2 Matthew W. Nace, would allow workers to invest their savings able. A few months ago as the United States CTI2(NAC) Eric S. Newton, CTO2 Milton T. directly into higher yielding assets than gov- prepared to strike Iraq, the news media flood- Pritchett, IS2 Richard J. Quinn, IS2 Lee E. ernment securities. Most proposals which in- ed the airwaves with stories about our military Redenbo, CTR2 Michael A. Santichi, IS2 clude some type of private account would personnel in the Gulf. After the crisis, the Bryan S. Stanley, IS2 Mark A. Szypula, maintain a minimum level of benefits, lower media left but thousands of our soldiers, sail- PH2(AW) Jadye A. Theobald, CTI2 Sarah A. than today’s benefit level, while allowing an additional amount to be invested in the ors and airmen remainedÐon guard and at Vogel, PH3(SW) Robert M. Baker, IS3 Gere L. stock market. Both components would con- their posts. Beason, IS3 Michael J. Barrenchea, PH3 tinue to be financed by payroll taxes. One One of the most difficult assignments in the Richard J. Brunson, CTO3 Michael H. Buxton, major advantage of privatization would Gulf is service at sea aboard the many naval PH3 Jomo K. Coffea, IS3 Terry D. Cooper, come from the potential higher returns that vessels that ensure the U.S. retains a unilat- IS3 Trinity A. Durrell, CTR3 Angel Garay- beneficiaries could obtain from the stock eral ability to defend our interests in a crisis. Guzman, CTR3 George W. Hall, PH3 Sandra market. A down turn on the market, on the Much of the work is long, tedious and boring Harrison, CTO3 Yacha C. Hodge, IS3 Mark T. other hand, presents significant risks for any but let us make no mistake about itÐthe fate Kenny, CTT3 David E. Kozacek, PH3 Michael privatization plans. of the world's economy and our national secu- L. Larson, PH3(SW) Stephen E. Massone, CONCLUSION rity depend on these men and women in uni- CTI3 Dennis M. Paquet, IS3 Christopher P. Social Security has been a very successful program. The program provides nearly uni- form. Petrofski, IS3 Christopher D. Ross, IS3 John versal coverage of American workers and I want to take this moment to thank the men C. Shirah, CTT3 Gus Smalls, PH3 Alicia C. their dependents, as well as helping a signifi- and women of our armed services who are Thompson, CTM3 Jonathan R. Thompson, cant number of the disabled and children. currently serving in the Gulf for their dedica- PH3 Kevin R. Tidwell, CTR3 Malina N. Town- The program is progressive in offering larger tion to duty and their commitment to their send, IS3 William T. Tyre, CTR3 Thomas J. July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1305 Wilgus, PH3 R. Williams, ISSN Sa,uel of the Year. Mr. Houlding has been dedicated It is with the deepest respect for her life's J. Abernathy, PHAN Emily A. Baker, ISNN to providing services to the agricultural com- work, and in her memory, that I offer this reso- Kevin L. Bolden, CTRSN Stacey L. Bowman, munity of Madera County since the 1920's and lution for the RECORD. ISSN Daniel F. Cady, ISSN Charles E. Fisch- is very deserving of this honor. SENATE RESOLUTION EXTENDING CONDOLENCES er, ISSN Gene H. Gregory, ISSN Stephen W. Mr. Houlding's family connection to Madera ON THE PASSING OF SISTER ADELAIDE CANELAS Hedrick, AN Thomas E. Kossman, CTOSN goes back to the 1800s. Bob Houlding, Sr., is Whereas, Sister Adelaide Canelas, S.S.D. of Melissa A. Oliver, PHAN Jamie Snodgrass, the son of William and Ludema Houlding. Wil- Our Lady of Fatima Convent in Warren, R.I., ISSN Michael D. Spiller, ISSN Arther C. liam Houlding came with his family from Ne- died unexpectedly on Saturday, July 11, 1998; Twyman, ISSN Travis L. Veal, PHAR James braska to Madera in 1891. Bob Houlding, Sr.'s and A. Farraly, and PHAR Quinton D. Jackson. brothers are Frank, Bill and Vigil, and he has Whereas, Born in Lisbon, Portugal, a In August, we plan to welcome these fine a sister, Ludema (Houlding) Weis. daughter of the late Eusebio and Albertina (Vazco) Canelas, Sister Adelaide entered the sailors and their crewmates back to the United Mr. Houlding started school in 1922 at How- congregation of the Sisters of St. Dorothy in States at their new home port in San Diego, ard School, the year it was built, and grad- Lisbon in 1937 and was missioned to the California. Until then and on behalf of the uated from Madera High School in 1934. In United States in 1948; and whole Congress, I want to thank the crew of 1939, Bob Sr. joined the Army Air Corps to Whereas, After receiving a Bachelor’s de- the JOHN C. STENNIS and their families for serve his country, staying in until 1946. He ini- gree in Education, she taught in New Bed- their pride, service and dedication to their tially signed up for a three-year hitch, but just ford, East Providence, Newport, and Bristol, country. God Speed and come home safely. as his first tour was nearing its end, World at St. Francis Xavier School, St. Elizabeth War II broke out and he continued to serve. In School, and Our Lady of Mount Carmel f School. In 1973, she dedicated herself to help- the Air Corps (later the Air Force) he worked ON THE 50TH ANNIVERSARY OF ing immigrants, especially the poor and as an engineer, repairing B±24s and B±29s in under privileged; and THE NATIONAL INSTITUTE OF the 21st Bomb Squadron and serving in Whereas, Among the many programs Sister DENTAL RESEARCH places such as New Orleans, LA; Riverside, Adelaide worked with were Citizens Con- CA; Kansas; and the Aleutian Islands. cerned for Human Progress, Coalition for HON. HENRY BONILLA In 1942 he married Mildred Sonier. After Consumer Justice, R.I. Azorean Relief Fund marrying, the couple raised three sons, Bob and the George Wiley Center. She was also a OF TEXAS member of the St. Vincent De Paul Society IN THE HOUSE OF REPRESENTATIVES Jr., Jerry, and Mike. Mr. Houlding continued to of St. Francis Xavier Church and was em- farm once he returned to Madera, growing cot- Wednesday, July 15, 1998 ployed by them as Social Action Coordinator ton, alfalfa, wheat, and potatoes. As the years and Senior Aide of Self Help Inc.; and Mr. BONILLA. Mr. Speaker, I rise today to passed, Bob Houlding, Sr., involved his sons Whereas, A very unique and determined in- recognize the 50th anniversary of the National in the family business and now together they dividual, Sister Adelaide didn’t exactly fit Institute of Dental Research. NIDR was estab- own 3,500 acres in Madera and on the west into the Pre-Vatican mold religious women lished in response to the deplorable oral side of the San Joaquin Valley. His grand- were supposed to fit. She had strong convic- health of our recruits during World War II. As children and their spouses are also involved in tions and was very stubborn, way ahead of the third oldest institute of the prestigious Na- her times; and farming. All of the grandchildren are grad- Whereas, Her determination was never tional Institutes of Health, NIDR was entrusted uates, current students, or have aspirations of more evident than when she met family after with a leadership role designed to improve attending Cal PolyÐSan Luis Obispo. family, desperately poor and in need. She and promote the oral health of the American Mr. Houlding began by farming row crops, began by researching groups involved with people. but since 1976, has moved into growing toma- helping poor people and went from there. Be- In this capacity, NIDR supports biomedical toes, cotton, wheat, and almonds on the west tween transporting, fighting, picketing, find- and behavioral research in its laboratories and side of Madera and Fresno counties. Mr. ing jobs, and spending time in jail, Sister Ad- in public, private and academic research cen- Houlding's action plan for farming has always elaide put common sense and logic before the ters throughout the nation. The far-reaching bureaucracy which was stifling her efforts to been to diversify the kinds of crops he grows put food on their tables and clothing on their results of these efforts have greatly improved and to use modern farming techniques such backs; and the oral health status of the nation and re- as micro-sprinklers. Mr. Houlding has been a Whereas, This ‘‘Robin Hood of Rhode Is- duced America's dental expenditures by $4 great proponent of reduced pesticide usage land’’ brought color to our lives, along with billion annually. through the introduction of predator insects laughter, love, and kindness and we know While NIDR continues to support research and of water conservation through the installa- that she has found a place in God’s heart. to further understand and prevent conditions tion of drip and sprinkler irrigation systems. Godspeed, Sister, and may you hear God say that lead to tooth loss, its focus has broad- to you, ‘‘Come my beloved into the heavenly Mr. Houlding has always been supportive to court for you have found the gift I value ened over the years to embrace studies of the his community and of youth involvement in ag- most—compassion and love for all in need, entire craniofacial-oral-dental complex. Critical riculture. He was a member of the board of di- enter into my Heavenly Kingdom’’ now, areas of investigation include infectious dis- rectors of the Golden State Gin, a member of therefore be it eases, such as HIV/AIDS; inherited diseases; the Trade Club, and a charter member of the Resolved, That this Senate of the State of oral cancers; and autoimmune diseases. Reel and Gun Club. Rhode Island and Providence Plantations There is avid interest in studying tissue repair Mr. Speaker, it is with great honor that I hereby extends its sincerest condolences on and regeneration and the interactive roles of congratulate Bob Houlding, Sr., for receiving the passing of Sister Adelaide Canelas and various factors involved in the generation of also extends condolences to her sister, Glo- the Senior Farmer 1998 Award for Madera ria; and be it further craniofacial-oral-dental diseases. County. I applaud Mr. Houlding's dedicated Resolved, That the Secretary of State be I commend the National Institute of Dental service to, and leadership of, the agricultural and he is hereby authorized and directed to Research on its accomplishments over the community. I ask my colleagues to join me in transmit a duly certified copy of this resolu- past 50 years. I am confident that over the wishing Mr. Houlding many more years of suc- tion to Gloria Canelas. next 50 years, NIDR will continue to greatly cess. f improve America's oral health through its out- f standing oral health research. CIVIC PARTICIPATION f IN MEMORY OF SISTER ADELAIDE CANELAS HON. LEE H. HAMILTON CONGRATULATIONS TO BOB OF INDIANA HOULDING, SR. HON. PATRICK J. KENNEDY IN THE HOUSE OF REPRESENTATIVES OF RHODE ISLAND Wednesday, July 15, 1998 HON. GEORGE P. RADANOVICH IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Mr. HAMILTON. Mr. Speaker, I would like to Wednesday, July 15, 1998 insert my Washington Report for Wednesday, IN THE HOUSE OF REPRESENTATIVES Mr. KENNEDY of Rhode Island. Mr. Speak- July 1, 1998 into the CONGRESSIONAL RECORD. Wednesday, July 15, 1998 er, I rise today to offer my condolences to the CIVIC PARTICIPATION Mr. RADANOVICH. Mr. Speaker, I rise family of Sr. Adelaide Canelas, whose recent One of our country’s most noteworthy today to congratulate Bob Houlding, Sr., for passing has meant a loss to her family, her characteristics has been the variety of orga- being recognized as the 1998 Senior Farmer friends, and the entire State of Rhode Island. nizations to which Americans belong, like E1306 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 churches, PTAs, unions, fraternal organiza- ism—which sometimes devolves into selfish- ing for the NSF, worthy and much needed in- tions, service clubs, and political parties, ness—and allow us to exercise other impor- creases in funding for math and science re- just to name a few. A belief in the power of tant values, like cooperation, altruism, and search. This bill also contains a provision to collective action has shaped the history of negotiation. I often find Americans empha- encourage the NSF to donate equipment to our nation from the American Revolution to sizing freedom almost to the exclusion of re- the civil rights movement. Alexis de sponsibility, and expressing their gratitude schools to enhance science and math pro- Tocqueville, who studied American life in for being citizens of the best country in the grams. I believe strongly that we must ensure the 1830s, wrote that ‘‘Americans of all ages, world while failing to perceive the need to that all of our schools have access to the lat- all stations in life, and all types of disposi- fulfill the duties of good citizenship. Civic est in high tech equipment to give our kids the tion are forever forming associations.’’ I am participation can remind us that along with skills they need to compete in the 21st cen- always impressed by how these organizations the individual liberties we prize comes re- tury. bring out the energy and talents in people. sponsibility to seek the common good. Work- I have spent my professional life in the Every problem in the country I encounter is ing with others toward a shared goal also fields of health care and education. I know full being addressed and ameliorated by some helps build bonds of trust, thus serving as an group. well the value of research in these areas and antidote to cynicism. can personally attest to the value of math, But I am concerned about declining in- Fourth, civic participation also fosters volvement of citizens in the community. In participation in the political process. In science and engineering education in our recent decades, many traditional community southern Indiana the people who come to my schools. In my district, for example, the Uni- organizations have suffered declines in mem- public meetings are often also the same peo- versity of California, Santa Barbara, has re- bership and participation. For example, the ple who are active in civic organizations. ceived numerous NSF education grants. One number of volunteers for the Boy Scouts and They take seriously their right and respon- of the grants helped fund a 4-year Teacher the Red Cross has dropped substantially sibility to participate in government. And Enhancement program to assist 750 K±8 math since 1970; labor union participation has the skills of negotiation and compromise teachers in several local counties. California dropped by half since the mid-1950s; the learned through civic involvement are the League of Women Voters, Jaycees, and Lions Polytechnic State University, in San Luis lifeblood of democracy. Obispo, has done some great work on math have all seen double-digit drops in member- Conclusion: Fortunately, we still have ship levels in the last 20 or 30 years. Anyone many groups that have a remarkably salu- curriculum development and building inter- who has worked in an enterprise that de- tary effect, channeling the energy and tal- active math models on the Web with NSF pends on volunteers knows how difficult it is ents of individuals into public service for the grants. to recruit and keep them. betterment of the community. Civic partici- Much is said today about the need to edu- Several possible explanations for this pation is not obsolete, but an essential part cate our children for the increasingly competi- change have been suggested. Some say that of improving the quality of life in the nation. tive environment of the 21st century. I agree stagnant wages and a rapidly changing econ- Americans, I believe, retain their desire to omy, coupled with the movement of women with that viewpoint. However, I also believe help their families and communities, but into the labor force, mean that citizens don’t that education inspires individual and personal have the time to devote to community they must do it within the realities of two- growth, which inevitably leads to a more civ- causes they once did. Americans now tend to career families, hectic lifestyles, and rapid ilized and prosperous society. That is also move more often, hindering their ability to changes in the economy and in their careers. We have to work to strengthen civil soci- what these NSF programs achieve. The Na- put down roots. In addition, adults are ety. Ultimately, this will depend not on gov- tional Science Foundation's mission to spon- marrying later, divorcing more, and having ernment, but the acts of individuals. We do sor research and encourage new thinking in fewer children than they did a generation have to be sensitive to the way in which gov- education is a critical element for our eco- ago—significant factors given that married, middle-class parents are the most likely to ernment can impinge on the activities of nomic growth as we move into the 21st cen- be civically involved. civil society and to the manner in which the tury. Others note that technology, particularly workings of our government and economy I urge my colleagues to support this legisla- the advent of the TV, has dramatically can disrupt the good efforts of individuals tion. changed the way we spend our leisure time. and families. Dismantling the government is f Instead of going to a dance at the local lodge not the answer, but neither is more govern- or gathering at the coffee shop, we may ment. Both a prudent but limited role for TRIBUTE TO GENERAL GEORGE watch a movie on the VCR or log on to an government and a strengthened civil society WILLIAMS Internet chat room. Technology allows us to are needed. spend less time in face-to-face contact with I am not suggesting that we could or HON. our neighbors. Americans’ civic involvement should try to turn back the clock to the seems to parallel the change in leisure ac- 1950s, or that all hope is lost. A recent poll of OF CALIFORNIA tivities. Although traditional civic organiza- young adults showed high levels of interest IN THE HOUSE OF REPRESENTATIVES tions are less popular now, other groups, like in public service. We should, however, think Wednesday, July 15, 1998 the Sierra Club and the American Associa- about ways to reinvigorate civic life in light tion of Retired Persons, have grown in re- of the realities of the 1990s, and try harder to Mr. RIGGS. Mr. Speaker, I rise today to say cent years. For many, though, membership find ways to encourage Americans to become a special thank you to Brigadier General consists primarily of paying dues and read- full participants in the civic life of the na- George ``Nick'' Williams, U.S. Air Force, for ing a newsletter, rather than attending regu- tion. the complete professionalism he always dis- lar meetings and planning events. Many pro- f played while Commander of the 60th Air Mo- fessional associations have also grown, and bility Wing (AMC) at Travis Air Force Base, for some of us the workplace has supplanted NATIONAL SCIENCE FOUNDATION California. the neighborhood as our primary focus for REAUTHORIZATION During his two years at Travis, Brig. Gen. social interaction. Williams has overseen a great deal of change. Why civic involvement matters: Commu- SPEECH OF nities benefit in a number of ways from the One of our most vivid memories of his tenure active involvement of citizens. First, citi- HON. LOIS CAPPS as base commander, will be the massive con- zens come to feel a greater stake in the com- OF CALIFORNIA struction program that is making Travis the munity’s welfare. I visit many schools in IN THE HOUSE OF REPRESENTATIVES showcase of the Air Force. southern Indiana every year, and it is clear Especially noteworthy has been his empha- that one of the strongest factors in the qual- Tuesday, July 14, 1998 sis on projects which have improved the qual- ity of the school is the involvement of the Mrs. CAPPS. Mr. Speaker, I rise in favor of ity of life of the troops he was responsible for. parents. Many anti-crime programs have be- this bill to reauthorize the National Science He has overseen the completion of over $140 come successful only because citizens came Foundation. million in infrastructure improvement projects, together to address the problem. Second, civic organizations have always I am particularly pleased that this bill is fi- including: A modern maintenance squadron sought to address problems the government nally moving to completion. I know that my building; a fire station; a state-of-the-art KC± didn’t or couldn’t solve. Voluntary efforts late husband, Walter Capps, worked on this 10 hangar; a KC±10 simulator facility; four continue to play a huge role in the provision legislation last year and I share his dedication squadron operations buildings; a first class of services to needy Americans—from food to ensuring the continuation of the good work Health & Wellness Center; two Child Develop- banks to pre-school programs. Americans of NSF. I want to commend and to thank ment Centers; five improved dorms; sixty-two have always been suspicious of big govern- Chairman SENSENBRENNER and my colleague military family housing units; a new officer and ment, but they also have a strong sense of compassion. Civic organizations allow them from California, Mr. BROWN, for their outstand- enlisted club; and, the largest BX in the Air to reach out to those who need help. ing work on this legislation. Force. He has also helped to plan an ambi- Third, civic participation can act as a buff- This bill authorizes $3.8 billion for Fiscal tious expansion of the commissary schedule er against the potent forces of individual- Year 1999 and $3.9 billion in FY2000 in fund- for next year. July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1307 Running the largest wing in AMC is a bring out the best in people and communities, halls of the political arena rather than in the daunting task, Brig. Gen. Williams made an in- and I know Lawrence County is already pulling streets. The PNC members of the Guyana Na- credible contribution to the defense of the Na- together to get back on its feet as soon as tional Assembly who have refused to take tion. He maintained the highest operations possible. their seats and allow the business of the coun- tempo in AMC, with over 600 departures per f try to go forward should assume their demo- month. He also had the highest command de- cratic responsibilities and make their case parture reliability rates for the two major weap- RECONCILIATION IN GUYANA through the legislative process. For her part, on systems based at TravisÐthe C±5 at 83%, President Jagan should appoint, in consulta- and the KC±10 at over 94%. This was accom- HON. tion with the opposition, the Constitutional Re- plished, while facing a serious management OF CALIFORNIA form Commission called for in the challenge concerning pilot manning. The Trav- IN THE HOUSE OF REPRESENTATIVES Herdmanston agreement of January, 1998. is Team flying units lost more than a third of Wednesday, July 15, 1998 This Commission should consist of represent- their pilot manning in a matter of 18 months. atives of all political parties and a broad range Under Brigadier General Williams tenure, Mr. GALLEGLY. Mr. Speaker, in December of citizens which would review the major Travis led participation in Southern Watch, 1997, the people of Guyana, exercising their issues of disagreement, disparity and discrimi- Joint Endeavor, Deny Flight, Desert Strike, strong support for democracy went to the polls nation within the country and which would Guardian Assistance, Joint Guard, Decisive to vote for a new President. In numbers re- make recommendations to the National As- Endeavor, AEF 97±2, AEF 97±3, Deep portedly as high as 88 percent of the elector- sembly for action. And finally, the leaders of Freeze, Centrazbat, Phoenix Scorpion I & II. ate they cast their votes and elected the can- the PPP and PNC in the Assembly should ap- Stellar performance on all South West Asia didate of the People's Progressive Party/Civic point a joint committee of their own to estab- contingencies and Air Expeditionary Force de- or PPP. This election which was observed by lish a dialogue on the major issues the country ployments earned Travis an unprecedented representatives of the international community, needs to address with respect to political and AMC/CC full ORI credit in 1998. including Americans, was judged to be free economic reform and then to work with each Brigadier General Williams led the Travis and fair. Despite the transparency of the over- other through the legislative process to enact Team to 14 trophy wins during Phoenix Rodeo all election, there were some problems involv- necessary changes. international air mobility competition, including ing the counting of certain ballot boxes. As a In sum, Mr. Speaker, democracy in Guyana ``Best C±5 Wing'' and ``Best Airland Wing;'' an result, the newly elected government of Guy- must prevail and must grow stronger. In any ``Excellent'' Nuclear Surety Inspection; 15 AF ana asked the nations of CARICOM to con- truly democratic society, there are those who Aircrew Standardization Evaluation Visit ``best duct an impartial audit to determine if the al- win elections and those who lose and the los- seen.'' leged irregularities in the vote count were of a ers must peacefully respect the wishes of the I am pleased and privileged to have worked fraudulent nature as to cast doubt on the out- electorate, however distasteful, and take up with this outstanding officer. I consider him a come of the election. their role of the opposition in a statesmen-like friend. As he heads to Scott AFB to become Recognizing the extremely important proc- manner and work with the government to pro- Director of Plans and Programs at Head- ess of democracy of Guyana, as dem- vide a more stable, strong and prosperous na- quarters, Air Mobility Command, I wish him onstrated by the election, the House Inter- tion for all the people. and his wife, Mary Ann, a successful assign- national Relations Committee marked-up and Reconciliation must happen now so that ment and a THANK YOU for a job well-done. adopted a Resolution introduced by our Col- Guyana can move forward in the true sense of f league from New Jersey, DONALD PAYNE. This a free and democratic nation. resolution congratulated the people of Guyana f TRIBUTE TO FLOOD VICTIMS OF for their strong expression of support for de- RECOGNITION OF UPPER SAN- LAWRENCE COUNTY, TN mocracy, expressed support for the CARICOM DUSKY, OH, SESQUICENTENNIAL audit, called on both the PPP and the Peo- CELEBRATION HON. VAN HILLEARY ple's National Congress (PNC) to abide by the outcome of that audit and to commit to peace OF TENNESSEE HON. MICHAEL G. OXLEY IN THE HOUSE OF REPRESENTATIVES and stability in the post-election period. Sub- sequently, the House overwhelmingly passed OF OHIO Wednesday, July 15, 1998 this resolution. IN THE HOUSE OF REPRESENTATIVES Mr. HILLEARY. Mr. Speaker, I rise today to On June 2, the CARICOM audit was com- Wednesday, July 15, 1998 send my thoughts and prayers out to the citi- pleted and declared that the recount of the Mr. OXLEY. Mr. Speaker, I rise to offer my zens of Lawrence County in my district in Ten- more than 400,000 ballots cast, varied only congratulations to the community of Upper nessee. slightly from the original results. Thus, the Sandusky which celebrated its sesquicenten- On Monday evening, a strong storm election of President Jagan was determined to nial. This celebration is a time to reflect on the dumped four inches of rain on the County be fair. attributes which have made Upper Sandusky within an hour, which set off a devastating Today, however, Guyana is in the midst of the strong city it is today, while focusing on flash flood which killed at least two people and a civil disobedience campaign led by the sup- the stepping stones of the future to ensure left an estimated 15,000 people in Lawrence- porters of the opposition PNC. Despite the fact continued growth and prosperity. burg and the outlying areas without drinking that PNC Presidential candidate Desmond What officially became known as Upper water and sewage service. As of Wednesday Hoyte said that he accepted the results of the Sandusky in July, 1848, was once an area oc- morning, two people are still missing, and 123 audit, he has stated that acceptance did not cupied by the Wyandott Indians. This location homes were damaged or destroyed by the mean that his party accepted Mrs. Jagan as was attractive to the pioneers that arrived after flood. President. Fair enough. But ever since, Mr. the Wyandotts moved Westward because it of- I went to Lawrence Country yesterday after- Hoyte and his followers have been engaged in fered fertile land and all the opportunities of noon to meet with local officials, survey the a systematic anti-government movement starting a new life without traveling to the new damage and offer any help I could. I'm hopeful which has employed violent mob protests, frontier out west. that federal disaster aid will be approved, and arson and physical assaults on representa- While keeping up with the expansion of the I urge my colleagues to support our cleanup tives of the government, the PPP, and even village, the early leaders and citizens of Upper effort any way they can. the press to vent their frustration at their elec- Sandusky began to build churches, schools, li- Unfortunately, my emergency trip to Law- toral loss. Unfortunately, these actions are braries, a courthouse, and a post office. Fur- rence Country prevented me from being close to constituting a direct threat to democ- thermore, railroads, bridges, roads, and a present for floor votes in the House of Rep- racy in Guyana. phone system were all in place by the mid resentatives on Tuesday night. I regret not Mr. Speaker, the feuding parties in Guyana 1850's which aided the rapid development of being able to be in Washington for those must stop the violence, accusations and the area. Following this pattern of growth, votes, but when there is an emergency or dis- name-calling and must begin a period of rec- Upper Sandusky was the first village in Wyan- aster in my district which affect my constitu- onciliation for the stability of the nation and the dot County to be granted a city charter in ents, that's where my responsibilities lie. good of the people. The opposition leader, Mr. 1966. I want to close by once again sending my Hoyte should accept his electoral defeat, pub- Contributing to the vitality of Upper San- prayers out to everybody who has had their licly call for an end to the mob violence and dusky was the early establishment of an in- lives affected by the horrible flood. Hard times assume the role of opposition leader in the dustrial base. While the surrounding area was E1308 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 ideal for agriculture, the village also had have no interest in science. Too many believe THE U.S. AND PANAMA BEYOND brickmakers, steam pump works, cabinet mak- they can't ``do'' science or that math is ``too 1999 ing, and saw mills, just to name a few. Today, hard.'' The result, according to some esti- Upper Sandusky continues its tradition of mates, is that America will have a shortage of HON. ELTON GALLEGLY being a rich agricultural and industrial center. half a million chemists, biologists, physicists OF CALIFORNIA Even more important than the growth of and engineers by the year 2000. The Chal- IN THE HOUSE OF REPRESENTATIVES commerce has been Upper Sandusky's tradi- lenger Center is helping reverse that trend. tion of community based values. Much of this Wednesday, July 15, 1998 Fortunately, these same students are fas- can be attributed to early German Irish immi- Mr. GALLEGLY. Mr. Speaker, over the July grants to the area who trusted in God and es- cinated by space subjects, especially astro- Fourth district work period some very disturb- teemed ones family. I know the positive ef- nauts. This unique, hands-on experience can ing and disheartening news reached us re- fects of a small town that values each of its raise students' expectations of success, foster garding negotiations between the United citizens. There is a feeling of security and re- in them a long-term interest in math and States and Panama as to the presence of the assurance that comes from calling your com- science, and motivate them to pursue careers United States in Panama beyond 1999. And munity your home; a place where your neigh- in these fields. now, our State Department is about to inform bors, classmates, coworkers are not only your It is only natural that the Challenger Center the Government of Panama that talks may just friends, but become an extension of your fam- can be a way to reach students uncertain be over. This could be a mistake and both ily. Continuing to develop in an enriching envi- about science. Since the inception of the sides should agree to take a time out and ronment, I have no doubt that Upper San- space program, NASA and the nation's edu- enter into a cooling off period. dusky will prosper for another 150 years. As my colleagues know, next year, on De- cation system have traveled parallel paths. f cember 31, 1999, the Panama Canal Zone will They share the same goalsÐexploration, dis- be turned over to Panamanian control and all CONGRATULATING THE BUEHLER covery, the pursuit of new knowledge and the United States forces are to withdraw from that CHALLENGER AND SCIENCE CEN- achievement of those goals is interdependent. nation. However, for over a year, the United TER NASA depends on the education system to States and the Government of Panama, large- produce a skilled and knowledgeable work ly at the suggestion of the Panamanian Presi- HON. MARGE ROUKEMA force. The education community, in turn, has dent, Perez Balladares, have been negotiating OF NEW JERSEY used the space program to motivate and en- a compromise which would permit a limited IN THE HOUSE OF REPRESENTATIVES courage students to study science, engineer- number of U.S. military personnel to remain in Wednesday, July 15, 1998 ing and technology. Panama. Mrs. ROUKEMA. Mr. Speaker, I rise to draw If the United States is to remain at the fore- The negotiations were over the creation of a the attention of my colleagues to the Buehler front of space science and aerospace tech- new multinational anti-narcotics center which would be located at the Howard Air Force Challenger and Science Center in Paramus, nology and research, then we must provide Base. Under the agreement, which was largely New Jersey. This is a highly educational facil- students with the skills they will need in a ity that provides excellent hands-on learning completed last January, some 2,000 U.S. mili- highly complex and technical workplace. The tary personnel would be permitted to remain in opportunities for thousands of young people. It next generation of science and technology is a wonderful example of how to make learn- Panama to staff the center which would pro- achievements can only be as good as the vide regional air surveillance, intelligence infor- ing fun! education and challenges we give our children The Buehler Challenger and Science Center mation and direct counter-narcotics assistance in those subjects today. was dedicated September 6, 1994. It is a to nations participating in the center. At the mockup of the NASA space shuttle and its The children who visit this center today time, there was a good deal of optimism ex- control centers and allows students who could easily turn out to be the scientists of to- pressed by both sides that the agreement dream of the stars to come as close to space morrow. Who knows what discoveries they will would satisfy each nation's specific needs. flight as they can without leaving the ground. make or new technologies they will develop? Panama would see the end of U.S. control of In the process, it teaches a myriad of lessons Their work could be as dramatic as the air- the Canal and would gain what it considered about science, math, thinking, problem-solv- plane was to our grandparents or the space its final and total national sovereignty. The ing, teamwork and self-confidence. shuttle to us. U.S. would retain a presence in Panama while The center is named for Emil Buehler, an not appearing to be retaining a strictly defined Even for those who don't enter the world of aviation pioneer whose experience ranged military base. For the United States, the reten- from the biplanes and dogfights of World War science, this center offers an insight into the tion of a small military profile in Panama would I to the beginnings of the shuttle program be- technological world around them. If we think allow us to maintain our commitment to the fore his death in 1983. it's vital to be computer literate today, imagine preservation of democracy and stability in This center presents the young people of the skills that will be required in another gen- Central America and to continue the fight New Jersey with a taste of the many chal- eration. against the drug trade essentially in region. lenges in science and technology that await An important aspect of this challenge to For Panama, the continued presence of U.S. them as we enter the 21st Century. The chil- learn is that some believe the United States is personnel would serve as a confidence builder dren who visit this center will see advances in no longer challenged. With the demise of the for foreign investors and those concerned over science and technology during their lifetimes Soviet Union and the end of the Cold War, we the future security of the canal. Interestingly, Panamanian public opinion we cannot begin to imagine. Our children are no longer have the type of outside challenge seemed to favor such an agreement for large- our future and this center helps ensure their that pushed us to the moon. Remember, it future is a bright one. ly the same reasons. was the insult and shock of Sputnik that led Students who have taken the Buehler cen- Unfortunately, and despite the initial opti- ter's ``fantastic voyage'' are transported into a President Kennedy to launch the space pro- mism, the agreement now appears to be in whole new world. And, like astronauts return- gram. serious jeopardy as both sides seem to be ing from space, they bring back with them in- If we are not to be challenged by another having difficulty deciding what it is they really valuable knowledge about themselves and the nation, we must challenge ourselves. We must want. The Government of Panama, for its part, world around them. This knowledge will help make a commitment to go where no one has can't seem to make up its mind as to whether them aim for the stars as they pursue new gone before, to explore and learn and never it really wants a continued U.S. presence be- heights in math, science and technology. be satisfied that there are no challenges left to yond 1999 or for that matter, a counter-drug Inspiring children through facilities such as meet. center on its territory. All of this is wrapped this is essential to initiate and maintain interest around internal political and Presidential poli- in technology among our young people to en- Today I'd like to challenge our young people tics with President Perez Balladares unable to able them to meet the demands of citizens will to continue the record of meeting challenges determine whether such a center helps or face in the next century. This is essential to that our nation has exhibited in the past. The hurts his standing within his own political party maintain our position in the global economy of Buehler Center is part of the highway to a fu- and whether it hurts or helps his reelection the future. ture where the American thirst for knowledge chances. Unfortunately, but true, many children de- will keep our nation the world's leader in The United States, for its part, cannot seem cide as early as elementary school that they science and technology. to decide whether it wants a military base or July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1309 an anti-narcotics center in Panama. The whole his service as an official of the National Un- states, the federal government is blackmailing premise for supporting an anti-drug center was derground Railroad Freedom Center. states into complying with federal dictates. to reassure those in this country that wanted Healing the wounds of racial and social in- Of course, the most important reason to the U.S. to remain in Panama that it was pos- justice was one of Eric's true passions, and he support the Freedom and Privacy Restoration sible to do so and to avoid the controversy admired those who worked for freedom. These Act is because any uniform, national system of within Panama of retaining a bona fide military ideals led him to work diligently to honor the identification would allow the federal govern- base in that country beyond 1999 and in viola- courage of those involved with the Under- ment to inappropriately monitor the move- tion of the Panama Canal Treaties. A multi- ground Railroad. ments and transactions of every citizen. His- national, anti-drug center seemed to fit the bill Eric was loyal and dedicated. He served his tory shows that when government gains the with at least a wink and a nod. Even the other community and country through his good power to monitor the actions of the people, it nations of the region, while supporting the work. All of us in Cincinnati will miss him as eventually uses that power to impose totali- concept of an anti-narcotics center, were not a colleague and friend. tarian controls on the populace. about to sign on if the center was simply a f I ask my colleagues what would the found- cover for a U.S. military base. ers of this country say if they knew the limited Yet, the negotiations have broken down at PERSONAL EXPLANATION federal government they bequeathed to Amer- least in part due to the Clinton Administration's ica would soon have the power to demand insistence that it be allowed to conduct addi- HON. FRANK R. WOLF that all Americans obtain a federally-approved tional operations out of the center which are OF VIRGINIA ID? more closely associated with military oper- If the disapproval of the Founders is not suf- IN THE HOUSE OF REPRESENTATIVES ficient to cause my colleagues to support this ations than counter-narcotics operations. One Wednesday, July 15, 1998 can argue the finer points of search and res- legislation, then perhaps they should consider cue or humanitarian resupply, but to insist on Mr. WOLF. Mr. Speaker, I was unable to be the reaction of the American people when they discover that they must produce a federally- them being part of a non-military base, anti- present for rollcall 266 on Wednesday, June approved ID in order to get a job or open a drug center, does give the Panamanian gov- 24. Had I been present, I would have voted bank account. Already many offices are being ernment a legitimate issue to argue over. It ``yea'' on passage of H.R. 4103, the fiscal year flooded with complaints about the movement seems that both sides could compromise on 1999 defense appropriations bill. toward a national ID card. If this scheme is not this issue. The U.S. side could temporarily f halted, Congress and the entire political estab- drop its insistence on the inclusion of other THE FREEDOM AND PRIVACY lishment could drown in the backlash from the missions and just work on the anti-drug cen- RESTORATION ACT American people. ter, provided of course that the anti-drug cen- National ID cards are a trademark of totali- ter is the priority. The Government of Panama HON. RON PAUL tarianism and are thus incompatible with a could commit, preferably in a side note, to free society. In order to preserve some sem- OF TEXAS take up the question of the other missions blance of American liberty and republican gov- IN THE HOUSE OF REPRESENTATIVES once the anti-drug center agreement is final- ernment I am proud to introduce the Freedom ized, if it really wants such a center in Pan- Wednesday, July 15, 1998 and Privacy Restoration Act. I thank Con- ama. gressman BARR for joining me in cosponsoring Mr. Speaker, the bottom line is that both Mr. PAUL. Mr. Speaker, I rise today to intro- duce the Freedom and Privacy Restoration this legislation. I urge my colleagues to stand sides must determine what it really wants. up for the rights of American people by co- President Balladares must face the voters. Act, which repeals those sections of the Illegal Immigration Reform and Immigrant Respon- sponsoring the Freedom and Privacy Restora- The Clinton Administration must face the tion Act. American people. If the drug center is that im- sibility Act of 1996 authorizing the establish- f portant, and in many respects it is. And if the ment of federal standards for birth certificates ability to retain some element of the U.S. mili- and drivers' licenses. This obscure provision, J.J. ‘‘JAKE’’ PICKLE FEDERAL tary in Panama beyond 1999 is a political ne- which was part of a major piece of legislation BUILDING cessity, and it could be, then the Administra- passed at the end of the 104th Congress, rep- tion must decide the price in throwing away resents a major power grab by the federal SPEECH OF this opportunity solely because we may not be government and a threat to the liberties of every American, for it would transform state HON. CHET EDWARDS able to write into the agreement whether or OF TEXAS not search and rescue training can be con- drivers' licenses into national ID cards. If this scheme is not stopped, no American IN THE HOUSE OF REPRESENTATIVES ducted once in a while in Panama over the Tuesday, July 14, 1998 next twelve years. will be able to get a job; open a bank account; f apply for Social Security or Medicare; exercise Mr. EDWARDS. Mr. Speaker, I rise today to their Second Amendment rights; or even take tip my hat and pay tribute to former Congress- A TRIBUTE TO ERIC BACHMANN an airplane flight unless they can produce a man Jake Pickle for his service to the state of state drivers' license, or its equivalent, that Texas and the people of the 10th Congres- HON. ROB PORTMAN conforms to federal specifications. Under the sional District. Jake Pickle served with distinc- OF OHIO 1996 Kennedy-Kassebaum health care reform tion and honor during his 31 years in Con- IN THE HOUSE OF REPRESENTATIVES law, Americans may even be forced to present gress. I consider it a great privilege to have a federally-approved drivers' license before served with him. I now find it an honor to sup- Wednesday, July 15, 1998 consulting their physicians for medical treat- port H.R. 3223 which names the Federal Mr. PORTMAN. Mr. Speaker, today I rise to ment! Building in Austin, Texas, as the J.J. ``Jake'' celebrate the life of Eric Bachmann, a remark- Mr. Speaker, the Federal Government has Pickle Building. The bill has my wholehearted able young man who was working to preserve no constitutional authority to require Ameri- support and the man has my deepest respect. an important chapter in our nation's history. cans to present any form of identification be- Jake Pickle's legacy extends far beyond the Tragically, Eric died on Saturday, July 11, one fore engaging in any private transaction such naming of a building in his honor. His legacy day before his 27th birthday. as opening a bank account, seeing a doctor, lies in his many years of public service and Eric was the Assistant to the President and or seeking employment. the millions of Americans who have been CEO at the National Underground Railroad The establishment of a national standard for touched by his devotion and dedication. Jake Freedom Center in Cincinnati, Ohio. He also drivers' licenses and birth certificates makes a Pickle was an independent minded man who helped us develop the National Underground mockery of the 10th amendment and the prin- never shied from a fight, but who was always Railroad Network to Freedom Act which will ciples of federalism. While no state is forced ready to listen to a problem and lend a helping be signed into law soon. As we move forward to conform their birth certificates or drivers' li- hand. Jake Pickle looked beyond partisan poli- to promote racial cooperation, we will continue censes to federal standards, it is unlikely they tics to help insure that Social Security is sol- to be motivated by Eric's spirit. will not comply when failure to conform to fed- vent today and that the elderly have Medicare. Eric graduated from Texas Tech in 1993 eral specifications means none of that state's He was instrumental in a wholesale reform of with a degree in history. Eric then moved on residents may get a job, receive Social Secu- the tax code and in fostering government pro- to the National Conference for Community and rity, or even leave the state by plane? Thus, grams that spurred small business and cre- Justice (formerly the NCCJ), before beginning rather than imposing a direct mandate on the ated jobs for working families. E1310 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 Jake began to develop his political expertise the consequences of our misguided trade poli- North America from all European and Medi- at the University of Texas at Austin where he cies that throws American workers out of work terranean ports. Operators of commercial ves- served as student body president. His political and only fattens the multinational corporations' sels save tens of thousands of dollars per journey began in the early 1930s when he be- bottom line. Corporations are in the black with year in fuel costs and voyage time by relying came a friend and political ally of Lyndon B. record profits while American workers stand in on the Coast Guard's radio broadcasts to de- Johnson. Jake Pickle was a student of the the unemployment lines. termine how far north they may safely sail and New Deal era which taught that a person has The UAW is right on target in placing this at at what speed. In addition, knowledge of ice an individual responsibility and that the gov- the core of their negotiations with GM. It is a zone limits over time allows ships to pass far- ernment should be responsible for its citizens. valid issue that is of vital concern to all Amer- ther north than they would otherwise travel. Jake Pickle answered the call of his country ican workers in the manufacturing industry. I Without this information, voyages would take and served in the U.S. Navy during World War believe that it is fair to say that the outcome longer and be more expensive. II. After the war, Jake returned to Austin and of this strike will highlight what is to come in Ice Patrol activities cost the U.S. Coast was a business partner in a local radio station. the future. Will multinational corporations con- Guard an average of $3.5 million per year, not He maintained his political ties, stayed in- tinue to move their manufacturing operations including fixed capital costs. Under a 1956 volved in the community and continued to to foreign nations? Will they continue to export International Maritime Organization financial practice his philosophy of individual and gov- American jobs overseas? support agreement, the U.S. Government col- ernmental responsibility. I urge my colleagues to consider these lects and tabulates national flag and tonnage He brought that philosophy with him to questions as this chamber is expected to con- data, bills other parties to the Agreement, and Washington when he took his seat in the U.S. sider MFM for China and fast track renewal remits collections to the U.S. Treasury. House of Representatives in December 1963, authority later this year. With foreign trade When the Agreement about costs was es- less than a month after LBJ assumed the equal to 30 percent of our gross domestic tablished, most maritime nations which used presidency. Jake immediately got to work for product, it is inextricably intertwined with our the North Atlantic routes were located in the the country and the constituents of his Hill national economy. The dream of global free North Atlantic region or were flag states with Country congressional district. trade has been marred by realistic facts: the large amounts of traffic on the route. The sev- Jake Pickle cast important ground breaking spiralling U.S. trade deficit, stagnant wages, enteen current members of the Agreement votes for the Civil Rights Act of 1964 and the and the export of American jobs. are: the United States, Greece, Germany, Bel- Voting Rights Act of 1965. These votes were Wake up, America! It's time we stop this re- gium, Denmark, Finland, the United Kingdom, politically difficult for a new member from the lentless, blind march toward the so-called Spain, Norway, Canada, Panama, France, South, but Jake Pickle made the right deci- ``global economy'' and embrace effective trade Italy, Sweden, the Netherlands, Japan and Po- sion. policies, and yes, perhaps even industrial poli- land. The Agreement operates on the honor Jake served on the powerful House Ways cies, that will ensure a rising standard of living system: membership is voluntary, and, be- and Means Committee, where he was a lead- for the American people and protect vital eco- cause it involves safety of life at sea, the infor- er on many important issues and willing to nomic interests. We canÐand we mustÐdo mation generated by the Coast Guard is take a stand for working families. He worked more for American workers by embracing broadcast to all North Atlantic mariners free- tirelessly on Social Security reform and on trade policies that embraces American work- of-charge. programs that provided a better life for this na- ers. In recent years, the 1950s-era handshake tion's senior citizens. It's time to stop representing the multi- approach has become inequitable for paying I am proud to have served in this House national corporations and time to start working members. In short, it is no longer fair. Non- with Congressman Jake Pickle. His service to for the American people. contributing countries represent a growing the State of Texas and the people of the 10th f share of North Atlantic shipping, and as a re- district will be remembered for many years to sult, the seventeen Agreement members are come. It is appropriate and quite fitting that the IMPROVING COST RECOVERY FOR becoming increasingly unwilling to pick up all federal building in Austin is designated in Jake THE COAST GUARD’S INTER- non-member costs while using a shrinking Pickle's honor. NATIONAL PATROL share of the service. Currently, only about 53 f percent of the total benefiting tonnage belongs HON. SAM GEJDENSON to vessels flagged to contributing states. The GENERAL MOTORS EXPORTS OF CONNECTICUT remaining 47 percent is flagged to ships that AMERICAN JOBS IN THE HOUSE OF REPRESENTATIVES use the service but do not pay. I would call Wednesday, July 15, 1998 them ``free riders.'' The United States must HON. WILLIAM O. LIPINSKI pay almost $250,000 per year more than it Mr. GEJDENSON. Mr. Speaker, in the OF ILLINOIS would pay if every nation contributed its fair ``Year of the Titanic,'' I rise to salute the brave IN THE HOUSE OF REPRESENTATIVES share. men and women of the United States Coast Another growing problem is the accumu- Wednesday, July 15, 1998 Guard who are engaged in important life-sav- lated debt to the United States by member Mr. LIPINSKI. Mr. Speaker, GM, America's ing work of the International Ice Patrol. The countries who are not settling their Ice Patrol largest auto manufacturer, is embroiled in a Ice Patrol is headquartered in my district of accounts. Liberia, which dropped out of the costly and expensive showdown with the Groton, Connecticut. agreement in 1990, still owes $1.9 million in United Auto Workers. The strike is expected to As a direct result of the sinking of the Ti- pre-1990 arrearages. All told, current and cost GM around $1 billion in second quarter tanic, the Ice Patrol was established in 1914 former Agreement members owe the U.S. profits. This strike has nearly paralyzed GM's as part of the International Maritime Organiza- Treasury over $7.3 million. Unfortunately, this North American operations. tion's first convention of the Safety of Life at balance continues to grow every year. Since NAFTA was signed into law by Presi- Sea. Over eighty years later, icebergs still At a meeting of member states in late 1996, dent Clinton, GM has aggressively shifted pose a significant threat to commercial naviga- there was unanimous consensus that the Ice manufacturing jobs to places like Silao, Mex- tion. The Coast Guard Ice Patrol program pro- Patrol is a valuable navigation safety service ico. That's not the only GM plant in Mexico. At vides a vital and internationally-recognized which should be continued. There was also last count, GM has one car assembly plant, contribution to maritime safety. general agreement that the financing system two truck assembly plants and 29 parts plants The Coast Guard uses C±130 aircraft was not working, due to the increasing use of in Mexico employing a total of 70,000 Mexican equipped with side-looking airborne radar to the service by non-contributing states. Mem- workers. Unfortunately, it is not too far of a overfly North Atlantic shipping lanes during the bers authorized the United States to explore jump to conclude that these 70,000 jobs in annual ``ice season.'' Radar observations are other collection options. Accordingly, the Mexico came at the expense of 70,000 Amer- combined with ocean current and water tem- United States Coast Guard intends to raise ican workers. perature information to produce computer-gen- the issue at the next meeting of the Inter- GM contends that these cost-saving meas- erated predictions of the southern-most limits national Maritime Organization later this ures are necessary for it to stay competitive in of floating ice for each day of the season. The month. They will be seeking changes in the this global economy. In the unrelenting drive resulting information is broadcast on open agreements that would permit the U.S. to re- to fatten the bottom line, GM has thrown radio frequencies to all ships transiting the cover all costs of the Ice Patrol on a equitable American workers to the side of the road. North Atlantic. basis. Free trade does not equal fair trade, espe- The great circle route past Newfoundland Mr. Speaker, for the record, I would like to cially when American working families suffer and Nova Scotia is the shortest distance to lend my full support to the efforts of the Coast July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1311 Guard and other U.S. government agencies has become a landmark of freedom and inde- American women have displayed remark- engaged in the provision of this valuable safe- pendence. The Reformed Church is proud of able talent in almost every imaginable field of ty service. I also encourage the Administration the fact that General George Washington endeavor. Authors such as Louisa May Alcott, to continue vigorously its efforts to replace the spent the winter of 1779 in a home in Raritan. Harriet Beecher Stowe, and Toni Morrison current inequitable financing system with one Another historical fact notes that, in 1778, have contributed great works to American lit- that reflects national costs more closely tied to General Lafayette made his headquarters in erature. In 1932, Amelia Earhart became the the benefits enjoyed by the users involved. the ``Cojeman House'' in Raritan. first woman to fly solo across the Atlantic f Raritan gave its all to the World War I effort Ocean; fifty-two years later, Dr. Kathryn Sulli- and the sacrifice of the people was acknowl- van became the first woman to walk in space. 50TH ANNIVERSARY OF THE BOR- edged by the United States Congress when One hundred and fifty years after the Sen- OUGH OF RARITAN, SOMERSET they decided that a ship be built and named eca Falls convention, we see just how far COUNTY, NEW JERSEY after the Borough. The S.S. Natirar (Raritan women have come in America. Today, Justice spelled backwards), was launched at Wilming- Sandra Day O'Connor and Justice Ruth Bader HON. RODNEY P. FRELINGHUYSEN ton, Delaware in 1920. This was a high honor Ginsburg both sit on the Supreme Court, and OF NEW JERSEY bestowed upon a town, but Raritan received Secretary of State Madeline Albright is the first IN THE HOUSE OF REPRESENTATIVES another distinction when President Warren G. woman to hold that prestigious office. I salute Wednesday, July 15, 1998 Harding signed the Treaty of Raritan at the those women, past and present, who fought Mr. FRELINGHUYSEN. Mr. Speaker, I rise home of United States Senator Joseph S. and continue to fight to achieve their goals of today to congratulate the people of the Bor- Frelinghuysen of Raritan on July 20, 1921, of- freedom. ough of Raritan, Somerset County, New Jer- ficially ending World War I. f During World War II, thousands of citizens sey, as they commemorate the 50th Anniver- from Raritan also served with distinction and THE GRADUATE MEDICAL EDU- sary of the incorporation of their community. honor and one in particular is remembered CATION TECHNICAL AMEND- While Raritan has been incorporated as a self- MENTS ACT OF 1998 governing municipality for only fifty years, its each year. Marine Sergeant John Basilone history dates back to the 1600's. was awarded the first Congressional Medal of The Borough of Raritan is situated on the Honor for his heroic actions on Guadalcanal. HON. JOHN ELIAS BALDACCI river bearing the same name, about one mile He was later killed in Iwo Jima in 1945. OF MAINE southwest of Somerville, New Jersey. Early Today, his memory is celebrated by the an- IN THE HOUSE OF REPRESENTATIVES nual Basilone Parade, held each September. records indicate that in 1846 or 1848 a group Wednesday, July 15, 1998 of residents gathered to decide upon a name Mr. Speaker, I ask that you join me and our for the village. After some discussion, it was colleagues, in congratulating the citizens of Mr. BALDACCI. Mr. Speaker, I rise today to decided to name the village after the Raritan the Borough of Raritan as they celebrate this introduce the Graduate Medical Education River. historic milestone. Technical Amendments Act of 1998. This bill As we look back in time, we find a place f addresses the serious, albeit unintended con- sequences of reimbursement changes for rich in history and culture. In 1734, George A SALUTE TO THE WOMEN’S Graduate Medical Education residency pro- Middaugh, one of the early settlers, built a tav- RIGHTS MOVEMENT ern at the corner of Glaser Avenue and grams, particularly rural family practice resi- Granetz Place. This tavern became the first HON. MARTIN FROST dency programs, resulting from the Balanced meeting place for the colonists of the village of Budget Act of 1997. OF TEXAS Various adjustments in the Graduate Medi- Raritan. One of the oldest historic houses in IN THE HOUSE OF REPRESENTATIVES Somerset County is also located in Raritan. cal Education program (GME) resulted from The Central Railroad of New Jersey, with the Wednesday, July 15, 1998 last year's Balanced Budget Act (BBA). In an first bridge built across the Raritan River, pro- Mr. FROST. Mr. Speaker, I rise today in attempt to reign in costs and address a nation- vided excellent transportation for the citizens recognition of the 150th anniversary of the wide glut of physicians, reimbursement levels of Raritan. Women's Rights Movement. have been capped for all hospitals, including In 1844, there were four houses and a grist- In Seneca Falls, New York in the summer of those in rural and underserved areas. While mill in Raritan. The first store was opened by 1848, the first convention of American women there may be an overabundance of physicians J.V.D. Kelly, who owned the gristmill. The first was held. It was there that the women of willing to serve in cities like Boston or New Sunday School was established in 1845 in the America officially began their struggle toward York or Los Angeles, towns like Lewiston in blacksmith shop on Somerset Street, owned empowerment. On the 150th anniversary of my district in Maine lack an adequate number by John A. Staats. Religious services were the landmark Seneca Falls convention, the of physicians, especially family practice physi- held for several years at private residences by history of the United States is indelibly marked cians. The bill that I am introducing with the members of different denominations until the with the amazing accomplishments of its support of Congressman ALLEN will ensure building of the old school-house on Wall women. As Congress prepares to salute the that rural areas maintain the flexibility needed Street. women of our nation on this important anniver- to react to primary physician shortages. This During the ministry of Gulliam Bertholf, and sary, I would like to take this opportunity to legislation also clarifies the definition of rural while he was on a missionary tour of north- celebrate 150 years of women's achievement. facilities allowed ``special consideration'' under west New Jersey, the First Reformed Church The Seneca Falls participants, led by wom- the GME reimbursement caps. These changes of Raritan was formed. Records indicate that en's rights pioneers Lucretia Mott and Eliza- are essential for my state, and for many oth- written material of the church was in the Dutch beth Cady Stanton, shared a hopeful vision of ers around the country. language and the first record, dated March 8, the future of women in America. The women The Balanced Budget Act of 1997 places a 1699, is of the baptism of the children of came together to demand fair treatment in cap on the number of residents ``in the hos- Jeronimus Van Neste, Cornelius Theunissen every aspect of American life. In their Declara- pital'' as of December 31, 1996, as opposed and Pieter Van Neste. In 1872, a group of tion Sentiments, the Seneca Falls women of- to the number of residents enrolled in the people united and formed the Methodist fered a new vision of equality in America: ``We GME program. Due to instances of residents Church and in, 1854, St. Bernard's Church hold these truths to be self-evident: that all on leave from the hospital or in training at am- was established. men and women are created equal.'' bulatory care facilities in the base cost report- The year 1850 saw the opening of a new As women's leaders fought for equal prop- ing period, many hospitals are facing a low- post office for the residents of Raritan. The erty and voting rights, American women busily ered cap. This cap does not reflect the true population of the village at that time was ap- achieved in other areas. In 1872, Charlotte E. number of residents enrolled in their pro- proximately 2,240 people. Additionally, the first Ray became the first American woman to grams. The problem is acute for family prac- school-house was 25 by 36 feet, and two sto- graduate law school. In 1916, Jeannette tice residency programs, which rely heavily on ries high. In December 1871, the school and Rankin of Montana became the first woman site training of their residents. lot were sold to the Methodist Society. This is elected to the Congress of the United States. Also lost in the GME reimbursement just a glimpse of Raritan's development as a In 1920, women celebrated a major victory as changes in the Balanced Budget Act of 1997 community. the 19th Amendment was signed into law, is the definition of rural programs given flexibil- The Borough of Raritan also has a very guaranteeing the women of America the right ity under the cap. Clarification is needed in special place in our nation's history. Raritan to vote. order to recognize the innovative programs E1312 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 being established in many districts in which Again, congratulations on your many offers residential alternatives for mentally re- urban institutions provide a ``rural track'', train- years of service to Detroit Edison and to tarded and developmentally disabled children. ing residents to serve in rural communities. Michigan. With respect and admiration we This specific service shows how the role Lake- remain, The definition of facilities allowed ``special con- Very truly yours, side has undertaken has grown over 75 years. sideration'' under the cap restrictions should FRED UPTON, Lakeside Family and Children's Services has be expanded to include programs that are tar- Member of Congress. adapted to the community as our needs geting rural communities, even if the hospital JOHN DINGELL, change. Today it is as critical to the youths in itself is located in a non-rural area. Many Member of Congress. our community as it was 75 years ago. small community hospitals offer only one resi- f Lakeside Family and Children's Services dency program, and these are primarily family must be commended for the superb job that it practice programs. Those hospitals with only a HONORING LAKESIDE FAMILY AND has done for our society. Life has changed in single residency program should be exempt CHILDREN’S SERVICES many ways over the last 75 years, but one from the cap in order to allow the facilities the thing has remained constant, the need for car- flexibility to adapt to the needs of their com- HON. BENJAMIN A. GILMAN ing individuals. Our children are the most vul- munity. OF NEW YORK nerable to the dangers of our society, and are Another shortfall of the GME reimbursement IN THE HOUSE OF REPRESENTATIVES in critical need of the services provided by changes effects new primary care residency Lakeside and organizations like it throughout Wednesday, July 15, 1998 programs which were in the process of ex- our nation. panding their programs to meet the needs of Mr. GILMAN. Mr. Speaker, I rise today to Mr. Speaker, I urge all of my colleagues to their rural communities when the Balanced honor the Lakeside Family and Children's join in honoring Lakeside Family and Chil- Budget Act became law. The published interim Services on their Seventy-fifth Anniversary. dren's Services and foster parent honorees final rule arbitrarily utilizes August 5, 1997 as Lakeside Family and Children's Services has Rufina Rodriguez, Felix and Ingrid Simeon. the date by which all new residency programs been a shining example of what a community We should encourage more individuals to be had to fill their allocation of residency slots. together can accomplish and what effect the like them and to help extraordinary organiza- There are programs that were recently accred- selfless service of individuals can have on tions like Lakeside. ited which did not have time to meet their full children. f allotment of residency slots. For this reason, On October 1, 1998 Lakeside Family and the legislation I am introducing today would Children's Services will celebrate this special REMARKS CONCERNING RULE 30 change the cut-off date to September 30, anniversary. The Gala Dinner will be held at OF THE FEDERAL RULES OF 1999. These developing programs should be the New York Hilton Hotel and Towers, and CIVIL PROCEDURE AND RES- allowed to come to fruition. will celebrate the ``Jewels of Lakeside,'' the TORATION OF THE STENO- Mr. Speaker, similar legislation has been in- children and the families that it serves. GRAPHIC PREFERENCE troduced in the other body of my colleagues Three individuals deserve special recogni- and friend, Senator SUSAN COLLINS. I ask that tion for the care and love they have shown as HON. HOWARD COBLE Members of the House examine how their foster parents. Rufina Rodriguez, Felix and In- OF NORTH CAROLINA rural residency programs will be affected by grid Simeon have each provided warm loving IN THE HOUSE OF REPRESENTATIVES homes to children and are being honored by the GME changes mandated by the Balanced Wednesday, July 15, 1998 Budget Act, and that they support this legisla- Lakeside for the tremendous service that they tion which seeks only to give rural commu- have performed. Nothing can be more difficult Mr. COBLE. Mr. Speaker, I rise to introduce nities an opportunity to meet the health care than to open your life to a child and act as a legislation that will restore the stenographic needs of their citizens. parent for a short time. Giving your entire preference for depositions taken in federal f heart to the child, who in many cases has court proceedings. This bill is similar to S. gone without the love of a parent for far too 1352, which Senator GRASSLEY sponsored on A TRIBUTE TO JOHN E. LOBBIA long, is one of the most trying experiences an October 31, 1997. individual can face. Rufina, Felix and Ingrid For 23 years, Rule 30 of the Federal Rules HON. FRED UPTON must be commended for their accomplish- of Civil Procedure permitted the use of non- OF MICHIGAN ment, and for the love that they have given to stenographic means to record depositions, but IN THE HOUSE OF REPRESENTATIVES such deserving children. only pursuant to court order or the written stip- Seventy-five years is a very long time for an ulation of the parties. In December of 1993, Wednesday, July 15, 1998 organization to maintain a high quality service, however, the Chief Justice submitted a rec- Mr. UPTON. Mr. Speaker, a good friend is yet Lakeside Family & Children's Services has ommendation pursuant to the Rules Enabling retiring in Michigan and I wanted to share a accomplished just that. Lakeside was a bea- Act that eliminated the old Rule 30 require- letter that the Michigan delegation sent to con of light to countless children during the ment of a court order or stipulation. The revi- John Lobbia, CEO of Detroit Edison Company. darkest hours of the Depression, a home to sion also afforded each party the right to ar- MR. JOHN E. LOBBIA children while the world was torn by war, and range for recording of a deposition by non- Chairman and Chief Executive Officer, The De- a launching pad for children today as they stenographic means. troit Edison Company, 2000 2nd Avenue, De- reach the 21st century. When representatives of the Judicial Con- troit, Michigan When Lakeside first began in 1923 it was ference testified on the subject in 1993, they DEAR MR. LOBBIA. On behalf of the entire Michigan Congressional Delegation, it is a an orphanage, providing a home to children could not provide the Subcommittee on Courts great honor for us to wish you a long, who had lost their parents and had no family and Intellectual Property with a single justifica- healthy, and happy retirement. Congratula- to turn to. Orphanages played a very impor- tion for their recommendation. As a result, the tions on the completion of an outstanding tant role in that era as many children were left Subcommittee unanimously approved legisla- career. by parents who had to search for work and tion, H.R. 2814, to prevent implementation of Under your guidance, Detroit Edison has eke out an existence during one of the darkest the change. The full House of Representatives emerged as a national leader, known for its times in our nation's history. followed suit by passing the bill under suspen- quality, competitiveness, and innovation. sion of the rules on November 3, 1993. More than two million Michigan homes and Today Lakeside Family and Children's Serv- businesses count on Detroit Edison for their ices provides so much more. Lakeside It is my understanding that the Senate Judi- energy needs. Your success at meeting those matches children to foster parents so that a ciary Subcommittee on Courts and Administra- demands has helped to power Michigan child can have the feeling of a real home. For tive Practice also held hearings on Rule 30 through its economic renaissance and many fortunate children Lakeside is able to during the 103d Congress. I believe the mem- emerge as one of the nation’s most success- find adoptive parents who take a child in as bers who participated in those hearings re- ful states. their own. Lakeside also provides adolescents ceived testimony which generated concerns But we recognize that many of the mile- with group homes and greater chances for about the reliability and durability of video or stones of your career occurred outside De- troit Edison. Your unwavering support for a independent living. As Lakeside has grown, so audio tape alternatives to stenographic deposi- number of civic and community organiza- have the options available to the children it tions. Then and since, court reporters have tions has left an indelible mark on our state. serves. complained of increased difficulty in identifying Clearly, your caring and support of our com- Lakeside has also become an active service speakers, deciphering unintelligible passages, munity runs deep—the mark of a true leader. to children with disabilities. Today, Lakeside and reconstructing accurate testimony from July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1313 ``blank'' passages when relying on mechanical ney-client privilege did not survive the death of egory in the National Chess Tournament held recordings. In contrast, information was also the client. In both cases, there was little avail- in Phoenix, Arizona from April 30 to May 2. I submitted at this time which suggested that able precedent and the arguments were based am submitting for the RECORD some remarks the stenographic method will become even on policy considerations. If Starr's attorney-cli- I made during their visit. more cost-effective in the future as a result of ent privilege argument was not frivolous and It gives me great pleasure to be with such improvements in recording technology. deserved Supreme Court review, it must be a wonderful group of gifted and talented These findings from the 103d Congress said that the Secret Service's sincere argu- South Bronx students from Middle School 45. were confirmed last term when the Sub- ments in support of their protective function is Oscar Bedoya, Ariel Uriarte, Bianey ´ committee on Courts and Intellectual Property Morillo, Rafael Ortiz, Eliexer De Jesus, Joel just as legitimate. Nolasco, Juan De Jesu´ s, Jorge Pere´z, Trung again conducted its own hearing on H.R. It seems Mr. Starr is determined to deny the Nguyen, Sarun Sin, Trung Bui, Granit 1445, the precursor to the bill I am introducing Secret Service the same opportunity for Su- Gjonbalaj and Reasy Suon, under the leader- today; and later, when the Committee on the preme Court review that he has sought for ship of coach Fe´lix Lo´ pez, you won first Judiciary reported H.R. 1445 to the full House. himself. He has already forced the Secret place in the K–8th grade category among 62 Mr. Speaker, I have never entirely under- Service to seek a stay of his subpoena in teams who participated in the National stood why Rule 30 was changed in the first court while it pursues its request for judicial re- Chess Tournament held in Phoenix, Arizona place. Like many others, I have found that ex- view. from April 30 to May 2. You have demonstrated an outstanding perience is the best teacher; and it has been It has been reported that Starr may ask Se- skill, for which you have become role models my experience that no one in my district was cret Service personnel to testify about con- in our community. We are proud of your ac- displeased with the application of the law prior versations between President Clinton and his complishments and I hope that you will con- to 1993. I visit my district frequently and main- attorney Robert Bennett concerning the Paula tinue succeeding in chess and also in aca- tain good relations with members of the bench Jones case. This would create a potentially demics. I also encourage you to take full ad- and bar, and not one attorney or judge ever tragic Catch-22 situation in which the Secret vantage of the possible opportunity that complained about the operation of Rule 30 to Service has an obligation to guard the Presi- some universities offer to chess champions me before 1993. dent, but Mr. Starr argues that their presence to earn scholarships for their higher edu- cation. You are terrific examples for future I am pleased to continue my ongoing sup- eliminates the President's attorney-client privi- chess players. port for reinstating the pre-1993 law on Rule lege. It is unreasonable, unfair and unprece- I would like to applaud teachers Ce´sar 30 by sponsoring this bill. dented for Mr. Starr to force the President to Solı´s and Georgina Pierre for being with us f compromise his Secret Service protection in today but, more important, for their tireless order to receive confidential advice from his work in helping these students reach their STARR SUBPOENAS THE PRESI- private attorney. potential. DENT’S MEN WHO STAND IN THE To its credit, the Secret Service strongly be- I also would like to commend the National LINE OF FIRE lieves that their duty to protect the President Scholastic Chess Foundation for sponsoring the chess program at Middle School 45, is far more important than Mr. Starr's inquiry which includes weekly chess classes for 500 HON. JOHN CONYERS, JR. into what any of them may or may not have students. Their teaching and support were OF MICHIGAN witnessed in the course of carrying out their invaluable for what you have achieved. IN THE HOUSE OF REPRESENTATIVES responsibilities. I have the privilege of representing the 16th district of New York where Middle Wednesday, July 15, 1998 It is unseemly and inappropriate for Mr. Starr to continue to force the Secret Service to School 45 is located, and I am delighted by Mr. CONYERS. Mr. Speaker, today we have forego the judicial review that it believes is ab- your chess team’s success. All of us here congratulate Middle School learned that the Independent Counsel Ken solutely appropriate in order to carry out its Starr has issued a new subpoena for the testi- 45, the administration and faculty, and you, mission of protecting the President. Mr. Starr the students whose ambition and hard work mony of Special Agent Larry Cockell, a plain- got to go to the Supreme Court on his privi- will make this great institution a tremen- clothes Secret Service officer who is in charge lege issue and he lost. Why doesn't the Secret dous source of price and success for years to of the President's personal security detail. This Service, which is trying to protect the life of come. new turn in Mr. Starr's endless investigation this and future Presidents, get to go to the Su- Mr. Speaker, I ask my colleagues to join me raises an important question: why didn't he preme Court? What Mr. Starr is trying to do in paying tribute to Middle School 45, to the subpoena this plainclothes agent earlier this with this latest subpoena is to get the testi- administration and faculty, and to the students year before he went to court over whether the mony he wants before the arguments about whose ambition and hard work will make this Secret Service should give confidential infor- privilege can reach the Supreme Court. This great institution a tremendous source of pride mation to the grand jury. new subpoena is a tactical maneuver to avoid and success for years to come. Perhaps Mr. Starr was concerned that the the full judicial review of these issues of enor- f court might take a different view of his argu- mous national importance. They are legal ma- ments against the Secret Service's privilege if neuvers that violate a fundamental sense of CONFERENCE REPORT ON H.R. 2676, it knew the full scope of his intentions with re- fairness and are really unnecessary to the INTERNAL REVENUE SERVICE spect to questioning the Secret Service. It is execution of his statutory responsibilities. RESTRUCTURING AND REFORM disturbing that two courts have had to exam- It is obvious to everyone that any further re- ACT OF 1998 ine the issue of a secret service privilege with- view will be handled in an expeditious manner, out being informed that Mr. Starr also intended just as the courts have already done. A fair- SPEECH OF to question plainclothes Secret Service agents minded prosecutor would welcome a complete HON. MICHAEL F. DOYLE in addition to the uniformed Secret Service Supreme Court review of the privilege as- OF PENNSYLVANIA agents. serted by the Secret Service and efforts to IN THE HOUSE OF REPRESENTATIVES Plainclothes Secret Service agents are thwart such review only serves to increase the Thursday, June 25, 1998 unique in that they enjoy intimate access to doubts that many have about the legitimacy of the President and are responsible for his this investigation. Mr. DOYLE. Mr. Speaker, I rise today in physical safety in public crowds and other f support of the Internal Revenue Service Re- places where the risk of harm is the greatest. structuring and Reform Act Conference Report In the event of an assassination attempt, they A TRIBUTE TO MIDDLE SCHOOL 45 (H.R. 2676). are truly in the line of fire. Continuously, I hear from my constituents Seeking to question those agents raises a HON. JOSE´ E. SERRANO who ask this Congress to address ways to different set of issues which the courts have OF NEW YORK simplify filing, and improve IRS customer as- not yet been confronted with. Mr. Starr's latest IN THE HOUSE OF REPRESENTATIVES sistance and service. I have long advocated subpoenas frustrate the orderly judicial resolu- that the IRS should be overhauled to better tion of the important issues raised by his un- Wednesday, July 15, 1998 serve taxpayers and run more like a business. precedented requests for the testimony of uni- Mr. SERRANO. Mr. Speaker, on July 7, I believe that the Conference Report we are formed Secret Service agents. 1998 while the House was in recess, I had the voting on today effectively addresses these The Secret Service argument in support of privilege of receiving, in my district office, a concerns. a privilege against testifying seems more rea- group of thirteen students from Middle School This landmark legislation establishes an sonable than Starr's argument that the attor- 45 who won first place in the K±8th grade cat- independent review board which will oversee E1314 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 IRS administration, management and execu- years of payments. For an individual who pays plan for construction of several small-scale, tion of IRS laws, which should help the agen- $350 per year on a 30-year mortgage, that environmentally-sound flood control and cy run more effectively. Six of the nine mem- can mean paying an extra $7,000 to $10,000 groundwater recharge projects. Site selection bers of this review board will come from the of unnecessary premiums. and environmental analysis for these projects private sector with expertise in customer serv- This legislation will bring about two simple are underway. ice, federal tax laws and organizational devel- reforms. It will require full disclosure of a The legislation that I am introducing today opment. The remaining three members would homeowners' right to cancel the insurance will authorize the Secretary of the Interior to be the Secretary of the Treasury, the IRS once they have down 20 percent on their provide financial assistance to the program in Commissioner and a representative from the home. It will also require the mortgage lenders the form of cost-sharing with local authorities. National Treasury Employees Union (NTEU). to inform consumers at least once a year of The Colusa Basin Watershed Integrated Re- Their goal will be to recommend options which their cancellation rights. Both of these require- sources Plan is strongly supported by local will improve overall effectiveness in customer ments must be provided by the credtitor at no governments, and it is compatible with other service. extra cost to the consumer. federal environmental restoration and water I also want to highlight several provisions of This bill will protect the rights of home- management programs in the region. owners from overpaying unnecessary pre- the Conference Report which are aimed at Mr. Speaker, I urge my colleagues to join miums while maintaining the important role of protecting taxpayers rights. This bipartisan me in supporting this legislation. Conference Report now places the burden of private mortgage insurance in promoting home proof on the IRS rather than the taxpayer in ownership. Accordingly, I strongly urge my col- f tax disputes that come before a U.S. Tax leagues to join me in supporting this important Court judge. This agreement also requires the legislation. ‘‘EVERYONE WINS WITH THE IRS to make available to taxpayers clarifica- f A.D.A.!’’ tions, definitions and explanations on a variety COLUSA BASIN WATERSHED INTE- of matters. Also falsification or destruction of GRATED RESOURCES MANAGE- HON. documents, or violating the civil rights of a tax- MENT ACT payer will now result in the dismissal of the in- OF CALIFORNIA dividual responsible, and will permit taxpayers IN THE HOUSE OF REPRESENTATIVES to sue the government if any of these charges HON. VIC FAZIO OF CALIFORNIA Wednesday, July 15, 1998 can be proven. Often, I hear from my constituents that filing IN THE HOUSE OF REPRESENTATIVES Mr. FILNER. Mr. Speaker and colleagues, I federal taxes is too complex, and as a former Wednesday, July 15, 1998 rise to celebrate the eight anniversary of the small business owner I agree that filing federal Mr. FAZIO of California. Mr. Speaker, as my Americans with Disabilities Act, the most taxes is unnecessarily confusing and time con- colleagues know all too well, some of our sweeping nondiscrimination legislation since suming. The Conference Report addresses most contentious public policy debates con- the Civil Rights Act of 1964. The Americans this concern by calling on the Secretary of the cern the management of natural resources. with Disabilities Act (A.D.A.) has opened doors Treasury to establish an electronic commerce We have all spent many, many hours arguing for 49 million Americans, providing hope that advisory group policy that promotes paper-less over conflicting economic and environmental they will one day achieve complete social and filing. Under the Conference Report, the advi- needs, especially in the West. economic integration. To celebrate this sory group will study ways to increase tax- Fortunately, a new approach to natural re- achievement, hundreds of people will gather in payer use of electronic filing and work on a sources management has emerged. It empha- San Diego's Balboa Park on July 25, 1998 as plan to meet the goal of 80 percent electronic sizes compatibility rather than conflict. It relies part of our region's Disability Independence filing by 2007. I am especially pleased that on consensus to develop solutions. It seeks to Day. this tax simplification provision was included in provide multiple benefits to the environment The theme of the San Diego observance is H.R. 2676. and to urban and rural communities. aptÐ``Everyone Wins with the A.D.A.!'' The This bill, which requires the IRS to be more The Colusa Basin Watershed Integrated Re- A.D.A. has created jobs and ensured access accountable to all taxpayers, is a step in the sources Management Plan embodies this new to public buildingsÐbasic human rights that right direction. Let us move forward on the approach. It is a comprehensive water man- should be guaranteed to all Americans. We widespread agreements that exist to substan- agement program that will provide flood pro- have all benefited, now that people with dis- tially reform the IRS. That is why I urge my tection and increase surface and groundwater abilities can access the workplace, can shop colleagues to vote for passage of this Con- supplies while enhancing wetland and riparian at their local stores, and can visit museums ference Report today. habitat for wildlife in a million-acre watershed and other public places. We no longer have to f in the Sacramento Valley of California. be ashamed, now that government buildings HOMEOWNERS PROTECTION ACT I am pleased today to introduce the Colusa or health care centers are open to all citizens. OF 1998 Basin Watershed Integrated Resources Man- And we can all feel protectedÐbecause any agement Act, which will authorize the Sec- one of us could become disabled at any time. SPEECH OF retary of the Interior to participate in this inno- Although Congress passed this historic law vative program. HON. BENJAMIN A. GILMAN Over many decades, devastating floods that prohibits discrimination against people OF NEW YORK have repeatedly struck the Colusa Basin, re- with disabilities, the real heroes are the IN THE HOUSE OF REPRESENTATIVES sulting in the loss of life and costly damages women and men who fought for the most Tuesday, July 14, 1998 to public and private property. In 1995, the basic rights in the years and decades before Mr. GILMAN. Mr. Speaker, I rise today in Basin suffered an estimated $100 million in the A.D.A. was passed and those who have support of the Homeowners Insurance Protec- flood damage. Flooding in early 1997 again challenged the capacity of their communities' tion Act which will amend the Truth in Lending caused serious losses, and today the region is infrastructure since its passage. Disabled Act and stop the abusive practice of over- counting the cost of flooding caused by recent Americans continually demonstrate how suc- charging homeowners for private mortgage in- storms. cessful people can be once barriers are surance. Local authorities know that reducing peak knocked down! Private mortgage insurance has given mil- storm flows is the key to preventing wide- The victory of the passage of the Americans lions of Americans the opportunity to become spread damage. A few years ago, they began with Disabilities Act belongs to thousands of homeowners. This is a valuable service that to bring together representatives of the agri- disabled Americans in San Diego and all over mortgage industry provides, however, most cultural and urban communities, environmental the nation, who fought a courageous and com- homeowners are unclear about their rights interests, and state and federal agencies to mendable fight along with their families, under this insurance. Many Americans believe develop a plan that would control peak storm friends and advocates. But the celebration be- that private mortgage insurance insures them, flows, increase water supplies and enhance longs to all Americans because we now have when in fact it insures the lender while the the environment. the ability to celebrate together! homeowner pays the premium. As the practice The initial plan was outlined in October As a society with the promise of equal ac- stands, homeowners who have paid off 20 1993, a reconnaissance study was completed cess for all, we must unite to root out areas percent of their loan no longer need the insur- the following year, and a stakeholder's task where this promise is not yet a reality. In ance, but they do not realize it and continue force conducted a series of public workshops honor of Disability Independence Day, let us to pay the premium throughout the life of their to identify goals for the program. What rededicate ourselves to ensuring that, truly, mortgage. In some cases, 20 to 30 extra emerged from this collaborative process is a ``everyone wins with the A.D.A.'' July 15, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1315 SENATE COMMITTEE MEETINGS Energy and Natural Resources life Refuge, 1002 Area, Petroleum As- Business meeting, to consider pending sessment, 1998, conducted by the Title IV of Senate Resolution 4, calendar business. United States Geological Survey. agreed to by the Senate on February 4, SD–366 SD–366 1977, calls for establishment of a sys- Finance Governmental Affairs tem for a computerized schedule of all To hold hearings to examine new direc- Permanent Subcommittee on Investiga- meetings and hearings of Senate com- tions in retirement security policy, fo- tions mittees, subcommittees, joint commit- cusing on social security, pensions, To hold hearings to examine the problem tees, and committees of conference. personal savings and work. of telephone cramming-the billing of SD–215 This title requires all such committees unauthorized charges on a consumer’s Judiciary telephone bill. to notify the Office of the Senate Daily To hold oversight hearings to examine SD–342 Digest—designated by the Rules Com- the Department of Justice’s implemen- mittee—of the time, place, and purpose tation of the Violence Against Women Special on SPECIAL COMMITTEE ON THE of the meetings, when scheduled, and Act. YEAR 2000 TECHNOLOGY PROBLEM any cancellations or changes in the SD–226 To hold hearings to examine the Year meetings as they occur. Labor and Human Resources 2000 computer conversion as related to the health care industry. As an additional procedure along Business meeting, to mark up S. 1380, to amend the Elementary and Secondary SD–192 with the computerization of this infor- Education Act of 1965 regarding charter 2:00 p.m. mation, the Office of the Senate Daily schools, S. 2112, to make the Occupa- Energy and Natural Resources Digest will prepare this information for tional Safety and Health Act of 1970 ap- National Parks, Historic Preservation, and printing in the Extensions of Remarks plicable to the United States Postal Recreation Subcommittee section of the CONGRESSIONAL RECORD Service in the same manner as any To hold hearings on S. 2109, to provide on Monday and Wednesday of each other employer, and S. 2213, to allow for an exchange of lands located near week. all States to participate in activities Gustavus, Alaska, S. 2257, to reauthor- Meetings scheduled for Thursday, under the Education Flexibility Part- ize the National Historic Preservation nership Demonstration Act. Act, S. 2276, to amend the National July 16, 1998, may be found in the Daily SD–430 Digest of today’s RECORD. Trails System Act to designate El Ca- Indian Affairs mino Real de los Tejas as a National To hold joint hearings with the House Historic Trail, S. 2272, to amend the Resources Committee on S. 1770, to ele- MEETINGS SCHEDULED boundaries of Grant-Kohrs Ranch Na- vate the position of Director of the In- tional Historic Site in the State of dian Health Service to Assistant Sec- JULY 17 retary of Health and Human Services, Montana, S. 2284, to establish the Min- 10:30 a.m. and to provide for the organizational uteman Missile National Historic Site Banking, Housing, and Urban Affairs independence of the Indian Health in the State of South Dakota, and H.R. Financial Institutions and Regulatory Re- Service within the Department of 1522, to extend the authorization for lief Subcommittee Health and Human Services, and H.R. the National Historic Preservation Housing Opportunity and Community De- 3782, to compensate certain Indian Fund. velopment Subcommittee tribes for known errors in their tribal SD–366 To hold joint hearings to review a report trust fund accounts, and to establish a 3:00 p.m. on the Real Estate Settlements Proce- process for settling other disputes re- Armed Services dure Act and the Truth in Lending Act garding tribal trust fund accounts. To hold hearings on the nominations of from the Department of Housing and SD–106 Patrick T. Henry, of Virginia, to be As- Urban Development and the Federal 10:00 a.m. sistant Secretary of the Army for Man- Reserve. Governmental Affairs power and Reserve Affairs, Carolyn H. SD–538 To hold hearings on S. 2161, to provide Becraft, of Virginia, to be Assistant Government-wide accounting of regu- Secretary of the Navy for Manpower JULY 21 latory costs and benefits, and S. 1675, and Reserve Affairs, and Ruby Butler 9:30 a.m. to establish a Congressional Office of DeMesme, of Virginia, to be Assistant Commerce, Science, and Transportation Regulatory Analysis. Secretary of the Air Force for Man- To hold hearings to examine discre- SD–342 power, Reserve Affairs, Installations tionary spending activities within the 2:00 p.m. and Environment. Department of Transportation and the Energy and Natural Resources Department of Commerce. Forests and Public Land Management Sub- SR–222 SR–253 committee 10:00 a.m. To hold hearings on S. 2136, to provide JULY 27 Budget for the exchange of certain land in the 1:00 p.m. To hold hearings to examine issues asso- State of Washington, S. 2226, to amend Special on Aging ciated with implementing personal sav- the Idaho Admission Act regarding the To hold hearings to examine allegations ings accounts as part of social security sale or lease of school land, H.R. 2886, of neglect in certain California nursing reform. to provide for a demonstration project homes and the overall infrastructure SD–608 in the Stanislaus National Forest, Cali- that regulates these homes. Labor and Human Resources fornia, under which a private contrac- SH–216 To hold hearings on S.766, to require eq- tor will perform multiple resource uitable coverage of prescription con- management activities for that unit of JULY 28 traceptive drugs and devices, and con- the National Forest System, and H.R. traceptive services under health plans. 3796, to convey the administrative site 9:30 a.m. SD–430 for the Rogue River National Forest Commerce, Science, and Transportation and use the proceeds for the construc- To hold hearings to examine why cable JULY 22 tion or improvement of offices and sup- rates continue to increase. SR–253 9:00 a.m. port buildings for the Rogue River Na- Agriculture, Nutrition, and Forestry tional Forest and the Bureau of Land Energy and Natural Resources To hold hearings to examine how the Management. To hold hearings to examine the March Year 2000 computer conversion will af- SD–366 31, 1998 Government Accounting Office fect agricultural businesses. report on the Forest Service, focusing SR–332 JULY 23 on Alaska region operating costs. Environment and Public Works 9:30 a.m. SD–366 Business meeting, to consider pending Commerce, Science, and Transportation 10:00 a.m. calendar business. To hold hearings on S. 2238, to reform un- Special on Aging SD–406 fair and anticompetitive practices in To continue hearings to examine allega- 9:30 a.m. the professional boxing industry. tions of neglect in certain California Commerce, Science, and Transportation SR–253 nursing homes and the overall infra- To hold hearings to examine China’s mis- Energy and Natural Resources structure that regulates these homes. sile transfer issues. To hold oversight hearings to examine SH–216 SR–253 the results of the Arctic National Wild- E1316 CONGRESSIONAL RECORD — Extensions of Remarks July 15, 1998 JULY 29 JULY 30 OCTOBER 6 9:00 a.m. 9:00 a.m. 9:30 a.m. Agriculture, Nutrition, and Forestry Agriculture, Nutrition, and Forestry Veterans’ Affairs To hold oversight hearings on the De- To hold hearings to review a recent con- To hold joint hearings with the House partment of Agriculture’s progress in cept release by the Commodity Futures Committee on Veterans Affairs on the consolidating and downsizing its Trading Commission on over-th- legislative recommendations of the opearations. counter derivatives, and on related pro- American Legion. SR–332 posals by the Treasury Department, 345 Cannon Building 9:30 a.m. the Board of Governors of the Federal Commerce, Science, and Transportation Reserve System and the Securities and POSTPONEMENTS Business meeting, to consider pending Exchange Commission. calendar business. SD–106 JULY 21 SR–253 9:30 a.m. 10:00 a.m. Commerce, Science, and Transportation 2:30 p.m. Banking, Housing, and Urban Affairs Communications Subcommittee Energy and Natural Resources Business meeting, to mark up S. 1405, to To hold hearings to examine inter- Forests and Public Land Management Sub- committee provide for improved monetary policy national satellite reform. To hold hearings on S. 1964, to provide and regulatory reform in financial in- SR–253 for the sale of certain public land in stitution management and activities, the Ivanpah Valley, Nevada, to the to streamline financial regulatory SEPTEMBER 10 Clark County Department of Aviation, agency actions, and to provide for im- 9:30 a.m. and S. 1509, to authorize the Bureau of proved consumer credit disclosure. Commerce, Science, and Transportation Land Management to use vegetation SD–538 Communications Subcommittee sales contracts in managing land at To resume hearings to examine inter- Fort Stanton and certain nearby ac- national satellite reform. quired land along the Rio Bonita in SR–253 Lincoln County, New Mexico. SD–36 Wednesday, July 15, 1998 Daily Digest

HIGHLIGHTS House Committees ordered reported three sundry measures, including the Commerce, Justice, State, and Judiciary appropriations for fiscal year 1999. Senate the fiscal year ending September 30, 1999, taking Chamber Action action on amendments proposed thereto, as follows: Routine Proceedings, pages S8161–S8268 Pages S8161±S8236 Measures Introduced: Ten bills were introduced, as Adopted: Cochran (for Brownback/Roberts) Amendment follows: S. 2307–2316. Pages S8240±41 No. 3155, to amend the Arms Export Control Act Measures Reported: Reports were made as follows: to provide waiver authority on certain sanctions ap- S. 2307, making appropriations for the Depart- plicable to India or Pakistan. Page S8183 ment of Transportation and related agencies for the Dodd Amendment No. 3158, to exempt agricul- fiscal year ending September 30, 1999. (S. Rept. No. tural products, medicine, and medical equipment 105–249) from U.S. economic sanctions. (By 38 yeas to 60 S. 2176, to amend sections 3345 through 3349 of nays (Vote No. 203), Senate earlier failed to table title 5, United States Code (commonly referred to as the amendment.) Pages S8214±28 the ‘‘Vacancies Act’’) to clarify statutory require- Roberts Modified Amendment No. 3159 (to ments relating to vacancies in and appointments to Amendment No. 3158), of a perfecting nature. certain Federal offices, and for other purposes, with Pages S8214±26 amendments. (S. Rept. No. 105–250) Torricelli Amendment No. 3160 (to Amendment S. 2312, making appropriations for the Treasury No. 3158), to exclude the application of Amend- Department, the United States Postal Service, the ment No. 3158 to any country that repeatedly pro- Executive Office of the President, and certain Inde- vided support for acts of terrorism. (By 30 yeas to pendent Agencies, for the fiscal year ending Septem- 67 nays (Vote No. 204), Senate earlier failed to table ber 30, 1999, and for other purposes. (S. Rept. No. the amendment.) Pages S8226±27 Kerrey/Burns Amendment No. 3161, to ensure 105–251) Page S8240 the continued viability of livestock producers and Measures Passed: the livestock industry in the United States. (By 49 Congressional Gold Medal: Senate passed S. yeas to 49 nays (Vote No. 205), Senate earlier failed 1283, to award Congressional gold medals to Jean to table the amendment.) Pages S8228±32 Brown Trickey, Carlotta Walls LaNier, Melba Patillo Graham Amendment No. 3162, to provide assist- Beals, Terrence Roberts, Gloria Ray Karlmark, Thel- ance to agricultural producers for losses resulting ma Mothershed Wair, Ernest Green, Elizabeth from drought or fire. Pages S8232±33 Eckford, and Jefferson Thomas, commonly referred Cochran (for Coverdell) Amendment No. 3163, to collectively as the ‘‘Little Rock Nine’’ on the occa- make food safety competitive research program funds sion of the 40th anniversary of the integration of the available for research on E.coli:0157H7. Pages S8233±36 Central High School in Little Rock, Arkansas, after Cochran (for DeWine/Hutchinson) Amendment agreeing to a committee amendment. Pages S8264±65 No. 3164, to require the Commissioner of Food and Agriculture Appropriations, 1999: Senate resumed Drugs to conduct assessments and take other actions consideration of S. 2159, making appropriations for relating to the transition from use of Agriculture, Rural Development, Food and Drug chlorofluorocarbons in metered-dose inhalers. Administration, and Related Agencies programs for Pages S8233±36 D761 D762 CONGRESSIONAL RECORD — DAILY DIGEST July 15, 1998 Cochran (for Harkin/Grassley) Amendment No. and operators to hay and graze on land that is sub- 3165, to provide for the construction of a Federal ject to conservation reserve contracts. Page S8124 animal biosafety level-3 containment center. Bumpers (for Durbin) Amendment No. 3144, to Pages S8233±36 prohibit the previous shipment of shell eggs under Cochran Amendment No. 3166, to provide addi- the voluntary grading program of the Department of tional funds for conservation operations. Agriculture and to require the Secretary of Agri- Pages S8233±36 culture to submit a report on egg safety and repack- Cochran (for Kempthorne/Baucus) Amendment aging. Pages S8124±25 No. 3167, to provide funding for a secondary agri- Bumpers (for Byrd) Amendment No. 3145, to culture education program. Pages S8233±36 provide funding for completion of construction of Cochran (for Bryan) Amendment No. 3168, to re- the Alderson Plant Materials Center in Alderson, quire the Secretary of Agriculture to submit to Con- West Virginia. Page S8125 gress a report concerning the market access program. Bumpers (for Lieberman/Dodd) Amendment No. Pages S8233±36 3146, to clarify the eligibility of State agricultural Cochran (for Graham/Mack) Amendment No. experiment stations for certain agricultural research 3169, to provide additional funding for fruit fly ex- programs. Pages S8128±29 clusion and detection. Pages S8233±36 Cochran (for Johnson/Burns) Amendment No. Homeowners Protection Act: Senate concurred in 3170, to require that beef or lamb be labeled as the amendments of the House to S. 318, to require United States beef or lamb or imported beef or automatic cancellation and notice of cancellation lamb. Pages S8233±36 rights with respect to private mortgage insurance Rejected: which is required as condition for entering into a Daschle Amendment No. 3146, to provide a safe- residential mortgage transaction, to abolish the ty net for farmers and consumers regarding market- Thrift Depositor Protection Oversight Board, with ing assistance loans. (By 56 yeas to 43 nays (Vote an amendment, as follows: Pages S8267±68 No. 200), Senate tabled the amendment.) DeWine (for Santorum/Specter) Amendment No. Pages S8164±83 3171, to establish that certain provisions shall not Lugar Amendment No. 3156, to provide a frame- apply to a nonprofit institution whose primary func- work for consideration by the legislative and execu- tion is to provide health care educational services tive branches of unilateral economic sanctions in that files for bankruptcy. Page S8268 order to ensure coordination of United States policy Nominations Received: Senate received the follow- with respect to trade, security, and human rights. ing nominations: (By 53 yeas to 46 nays (Vote No. 201), Senate ta- Charles R. Rawls, of North Carolina, to be Gen- bled the amendment.) Pages S8185±S8203, S8211±12 eral Counsel of the Department of Agriculture. Bryan Amendment No. 3157, to eliminate fund- Robert M. Walker, of Tennessee, to be Deputy ing for the market access program for fiscal year Director of the Federal Emergency Management 1999. (By 70 yeas to 29 nays (Vote No. 202), Senate Agency. tabled the amendment.) Pages S8203±13 George McDade Staples, of Kentucky, to be Am- Senate will continue consideration of the bill and bassador to the Republic of Rwanda. amendments to be proposed thereto, on Thursday, A routine list in the Foreign Service. Page S8268 July 16, 1998. (During consideration of this measure on Tuesday, July Messages From the House: Page S8239 14, the Senate also took the following action): Measures Referred: Page S8239 Amendments adopted: Petitions: Pages S8239±40 By a unanimous vote of 99 yeas (Vote No. 199), Modified Daschle (for Harkin/Daschle) Amendment Executive Reports of Committees: Page S8240 No. 3127, to express the sense of the Senate that Statements on Introduced Bills: Pages S8241±53 emergency action is necessary to respond to the eco- Additional Cosponsors: Pages S8253±54 nomic hardships facing agricultural producers and Pages S8254±61 their communities. Pages S8093±94, S8100±23, S8128 Amendments Submitted: Bumpers/Cochran Amendment No. 3142, to clar- Notices of Hearings: Page S8261 ify a budget request submission regarding spending Authority for Committees: Page S8261 based on assumed revenues of unauthorized user fees. Pages S8262±64 Pages S8123±24 Additional Statements: Bumpers (for Daschle) Amendment No. 3143, to Record Votes: Six record votes were taken today. establish a pilot program to permit certain owners (Total—205) Pages S8183, S8212±13, S8226±28, S8232 July 15, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D763 Adjournment: Senate convened at 9 a.m., and ad- and S. 472, to provide for referenda in which the journed at 10:48 p.m., until 10 a.m., on Thursday, residents of Puerto Rico may express democratically July 16, 1998. (For Senate’s program, see the re- their preferences regarding the political status of the marks of the Acting Majority Leader in today’s territory, receiving testimony from Senators Record on page S8268.) D’Amato and Lieberman; Representatives Velazquez, Serrano, and Gutierrez; Puerto Rico Resident Com- Committee Meetings missioner Carlos A. Romero-Barcelo; and Jeffrey L. Farrow, Co-Chair, The President’s Interagency Group (Committees not listed did not meet) on Puerto Rico. Hearings were recessed subject to call. ATM SURCHARGING Committee on Banking, Housing, and Urban Affairs: NOMINATION Committee concluded oversight hearings to examine a Federal Government study on the status of auto- Committee on Environment and Public Works: Commit- mated teller machine deployment and surcharge fees tee concluded hearings on the nomination of Nikki assessed by banks and thrift institutions, after receiv- Rush Tinsley, of Maryland, to be Inspector General, ing testimony from Susan S. Westin, Associate Di- Environmental Protection Agency, after the nominee rector, Financial Institutions and Markets Issues, testified and answered questions in her own behalf. General Government Division, General Accounting Office; Jan Paul Acton, Assistant Director, Natural U.S. BALTIC POLICY Resources and Commerce Division, Congressional Committee on Foreign Relations: Subcommittee on Eu- Budget Office; Connecticut Attorney General Rich- ropean Affairs concluded hearings to examine United ard Blumenthal, Hartford; Edmund Mierzwinski, States policy towards the Republics of Estonia, Lat- U.S. Public Interest Research Group, Washington, via, and Lithuania, focusing on developments in D.C.; Wayne A. Cottle, Dean Co-operative Bank, these countries seven years after they regained their Franklin, Massachusetts, on behalf of the Commu- independence pending membership in the European nity Bank League of New England; Raymond Union and the North Atlantic Treaty Organization, Curtin, Empire Federal Credit Union, Syracuse, New after receiving testimony from Marc Grossman, As- York, on behalf of the National Association of Fed- sistant Secretary of State for European and Canadian eral Credit Unions; Linda Echard, IBAA Bancard, Affairs; Richard J. Krickus, Mary Washington Col- Arlington, Virginia, on behalf of the Independent lege, Fredericksburg, Virginia; Andrejs Plakans, Iowa Bankers Association of America; Richard E. Bolton, State University, Ames; and Toivo Raun, Indiana Jr., Charter Bank, Waltham, Massachusetts, on be- University, Bloomington. half of the American Bankers Association and the Massachusetts Bankers Association; and John Ward, BUSINESS MEETING First American Bank, Elk Grove, Illinois, on behalf Committee on Governmental Affairs: Committee ordered of the Consumer Bankers Association. favorably reported the following business items: ELECTRONIC COMMERCE S. 389, to improve congressional deliberation on Committee on Commerce, Science, and Transportation: proposed Federal private sector mandates, with Committee concluded hearings on S. 2107, to en- amendments; hance electronic commerce by promoting the reli- S. 2228, to amend the Federal Advisory Commit- ability and integrity of commercial transactions tee Act to modify termination and reauthorization through establishing authentication standards for requirements or advisory committees; electronic communications, after receiving testimony S. 314, to require that the Federal Government from Representative Eshoo; Andrew J. Pincus, Gen- procure from the private sector the goods and serv- eral Counsel, Department of Commerce; Scott Coo- ices necessary for the operations and management of per, Hewlett-Packard Company, Washington, D.C.; certain Government agencies, with an amendment in Kirk LeCompte, PenOp, Inc., New York, New the nature of a substitute; York; and Daniel Greenwood, Commonwealth of S. 1397, authorizing funds for fiscal years 1999 Massachusetts Information Technology Division, through 2004 to establish a commission to assist in Boston. commemoration of the centennial of powered flight and the achievements of the Wright brothers, with PUERTO RICO an amendment in the nature of a substitute; and Committee on Energy and Natural Resources: Committee The nomination of Jacob J. Lew, of New York, to continued hearings on H.R. 856, to provide a proc- be Director of the Office of Management and Budg- ess leading to full self-government for Puerto Rico, et. D764 CONGRESSIONAL RECORD — DAILY DIGEST July 15, 1998 DEPARTMENT OF JUSTICE R. Barnes, Acting Director, Federal Mediation and Committee on the Judiciary: Committee held oversight Conciliation Service; William C. Canby, Jr., United hearings on activities of the Department of Justice, States Circuit Judge for the Ninth Circuit Court of receiving testimony from Janet Reno, Attorney Gen- Appeals; Renny Fagan, Colorado Department of Rev- eral, and Eric H. Holder, Jr., Deputy Attorney Gen- enue, Denver; R. Timothy Columbus, Collier, Shan- eral, both of the Department of Justice. non, Rill and Scott, on behalf of the National Asso- Hearings were recessed subject to call. ciation of Convenience Stores and the Society of Independent Gasoline Marketers of America, Phyllis HOME HEALTH CARE C. Borzi, George Washington University Medical Committee on Small Business: Committee held hearings Center, and W. Ron Allen, National Congress of to examine how the Health Care Financing Adminis- American Indians, all of Washington, D.C.; Billy tration’s interim payment system and surety bond Frank, Jr., Northwest Indian Fisheries Commission, regulations are affecting small home health care Olympia, Washington; Apesanahkwat, Menominee agencies, receiving testimony from Senators Grassley Indian Tribe of Wisconsin, Keshena; and Philip S. and Baucus; Jere W. Glover, Chief Counsel for Ad- Deloria, American Indian Law Center, Inc., Albu- vocacy, Small Business Administration; Carole querque, New Mexico. Burkemper, Great Rivers Home Care, Inc., St. Pe- ters, Missouri; Delia Young, Delia Young & Associ- TECHNOLOGY TRANSFERS TO CHINA ates, Kansas City, Missouri; Marty C. Hoelscher, Su- Select Committee on Intelligence: Committee held hear- perior Home Care, Inc., Salt Lake City, Utah; Lynn ings to examine the safeguards and monitoring proc- Hardy, Duplin Home Care and Hospice, ess established to ensure that no prohibited tech- Kenansville, North Carolina; Bonnie Matthews, nology transfers occur before, during, or after South Shore Health System, Braintree, Massachu- launches of United States commercial satellites on setts, on behalf of the South Shore Visiting Nurse Chinese boosters, receiving testimony from David Association; and Bob Reynolds, Franey, Parr & Asso- Tarbell, Director, Defense Technology Security Ad- ciates, Inc., Lanham, Maryland, on behalf of the Na- ministration, Department of Defense. tional Association of Surety Bond Producers. Hearings were recessed subject to call. Hearings were recessed subject to call. BUSINESS MEETING SOCIAL SECURITY RETIREMENT AGE Committee on Indian Affairs: Committee ordered favor- Special Committee on Aging: Committee concluded ably reported the following bills: hearings to examine how an increase in the retire- H.R. 700, to remove the restriction on the dis- ment age will affect the long-term solvency of the tribution of certain revenues from the Mineral Social Security system and the United States econ- Springs parcel to certain members of the Agua omy, the labor market for older workers, and the Caliente Band of Cahuilla Indians, with an amend- Disability Insurance and Supplemental Security In- ment in the nature of a substitute; and come programs, receiving testimony from Barbara D. S. 109, to provide Federal housing assistance to Bovbjerg, Associate Director, Income Security Issues, Native Hawaiians, with an amendment in the nature Health, Education, and Human Services Division, of a substitute. General Accounting Office; David A. Smith, AFL- CIO Public Policy Department, Gary Burtless, INDIAN TRIBAL CONFLICT RESOLUTION Brookings Institution, Paul R. Huard, National As- Committee on Indian Affairs: Committee concluded sociation of Manufacturers, and Carolyn J. hearings on S. 2097, to encourage and facilitate the Lukensmeyer, Americans Discuss Social Security, all resolution of conflicts involving Indian tribes, after of Washington, D.C.; and Donna L. Wagner, Center receiving testimony from Kevin Gover, Assistant for Productive Aging/Towson University, Towson, Secretary of the Interior for Indian Affairs; Charles Maryland. July 15, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D765 House of Representatives Child Custody Protection Act: The House passed Chamber Action H.R. 3682, to amend title 18, United States Code, Bills Introduced: 18 public bills, H.R. 4217–4234, to prohibit taking minors across State lines to avoid and 1 resolution, H. Res. 502, were introduced. laws requiring the involvement of parents in abor- Pages H5592±93 tion decisions, by a recorded vote of 276 ayes to 150 Reports Filed: Reports were filed as follows: noes, Roll No. 280. Pages H5521±40 H.R. 3980, to amend title 38, United States Rejected the Scott motion to recommit the bill Code, to extend the authority for the Secretary of back to the committee on the Judiciary with instruc- Veterans Affairs to treat illnesses of Persian Gulf tions to report it back forthwith with an amendment War veterans, to provide authority to treat illnesses in the nature of a substitute that makes it illegal to of veterans which may be attributable to future com- use force or coerce a minor across State lines to ob- bat service, and to revise the process for determining tain an abortion by a yea and nay vote of 158 yeas priorities for research relative to the health con- to 269 nays, Roll No. 279. Pages H5538±40 sequences of service in the Persian Gulf War, H. Res. 499, the rule that provided for consider- amended (H. Rept. 105–626); ation of the bill, was agreed to by a yea and nay vote H.R. 4110, to provide a cost-of-living adjustment of 247 yeas to 173 nays, Roll No. 278. Earlier, in rates of compensation paid to veterans with serv- agreed to order the previous question by a yea and ice-connected disabilities, to make various improve- nay vote of 252 yeas to 174 nays, Roll No. 277. ments in education, housing, and cemetery programs Pages H5511±21 of the Department of Veterans Affairs (H. Rept. Sonny Bono Memorial Salton Sea Reclamation 105–627); and Act: The House passed H.R. 3267, to direct the H. Res. 501, providing for consideration of the Secretary of the Interior, acting through the Bureau bill (H.R. 4194) making appropriations for the De- of Reclamation, to conduct a feasibility study and partments of Veterans Affairs and Housing and construct a project to reclaim the Salton Sea, by a Urban Development, and for sundry independent yea and nay vote of 221 yeas to 200 nays, Roll No. agencies, boards, commissions, corporations, and of- 282. Pages H5546±64 fices for the fiscal year ending September 30, 1999 Agreed by unanimous consent to the Boehlert (H. Rept. 105–628). Page H5592 amendment that specifies that funding will not be derived from the land and water conservation fund. Recess: The House recessed at 9:07 a.m. and recon- Pages H5555, H5557±58 vened at 11:15 a.m. Page H5499 Rejected the Miller of California amendment in Joint Meeting To Receive the President of Ro- the nature of a substitute that authorizes a study of mania: The House and Senate met in a joint meet- alternatives for restoring the Salton Sea by a yea and ing to receive an address by His Excellency Emil nay vote of 202 yeas to 218 nays, Roll No. 281. Constantinescu, President of Romania. It was made Pages H5555±64 in order that the proceedings during the recess be H. Res. 500, the rule that provided for consider- printed in the Record. Representatives Armey, Cox ation of the bill, was agreed to by a voice vote. Pur- of California, Gilman, Bereuter, Solomon, Dunn, and suant to the rule the amendment in the nature of a Fox of Pennsylvania and Senators Mack, Coats, substitute printed in H. Rept. 105–624 was consid- Lugar, Smith of Oregon, Daschle, and Biden were ered as adopted. Pages H5540±46 appointed as members of the committee to escort the Treasury, Postal Service Appropriations Act: The President of Romania into the House Chamber by House completed general debate on H.R. 4104, the Speaker and President pro tempore of the Senate, making appropriations for the Treasury Department, respectively. Pages H5499±H5502 the United States Postal Service, the Executive Office Tropical Forest Conservation Act: The House of the President, and certain Independent Agencies, agreed to the Senate amendment to H.R. 2870, to for the fiscal year ending September 30, 1999. Con- amend the Foreign Assistance Act of 1961 to facili- sideration will resume on July 16. Pages H5573±81 tate protection of tropical forests through debt re- H. Res. 498, the rule that is providing for consid- duction with developing countries with tropical for- eration of the bill, was agreed to earlier by a re- ests—clearing the measure for the President. corded vote of 218 ayes to 201 noes with 1 voting Pages H5507±11 ‘‘present’’, Roll No. 284. Earlier, agreed to order the D766 CONGRESSIONAL RECORD — DAILY DIGEST July 15, 1998 previous question by a yea and nay vote of 231 yeas man, District of Columbia Financial Responsibility to 185 nays, Roll No. 283. Pages H5564±73 and Management Assistance Authority; the following Senate Messages: Message received from the Senate officials of the District of Columbia: Marion Barry, appears on page H5502. Mayor; and Linda Cropp, Chairman, City Council; Gloria Jarmon, Director, Health, Education, and Amendments: Amendments ordered printed pursu- Human Services Accounting and Financial Manage- ant to the rule appear on pages H5594–H5635. ment Issues, GAO; Rick Hendricks, Director, Quorum Calls—Votes: Five yea and nay votes and Project Development, National Capital Division, three recorded votes developed during the proceed- GSA; and Terry Golden, Chairman, Washington ings of the House today and appear on pages Convention Center Authority. H5520, H5520–21, H5539–40, H5540, H5563–64, H5564, H5572, and H5572–73. There were no KYOTO PROTOCOL quorum calls. Committee on Government Reform and Oversight: Sub- Adjournment: Met at 9:00 a.m. and adjourned at committee on National Economic Growth, Natural 11:50 p.m. Resources, and Regulatory Affairs continued hearings on ‘‘The Kyoto-Protocol: Is the Clinton-Gore Ad- ministration Selling Out Americans?’’ (Part V). Tes- Committee Meetings timony was heard from John C. Horsley, Associate COMMERCE, JUSTICE, STATE, AND Deputy Secretary and Director, Office of Intermod- JUDICIARY APPROPRIATIONS alism, Department of Transportation; and public Committee on Appropriations: Ordered reported the witnesses. Commerce, Justice, State, and Judiciary appropria- AFRICA—COMBATING INTERNATIONAL tions for fiscal year 1999. CRIME FOREIGN OPERATIONS, EXPORT Committee on International Relations: Subcommittee on FINANCING AND RELATED PROGRAMS Africa held a hearing on Combating International APPROPRIATIONS Crime in Africa. Testimony was heard from the fol- Committee on Appropriations: Subcommittee on Foreign lowing officials of the Department of Justice: Tom Operations, Export Financing and Related Programs Kneir, Deputy Assistant Director, Criminal Inves- approved for full committee action the Foreign Op- tigative Division, FBI; and Michael Horn, Chief, erations, Export Financing and Relations appropria- Foreign Operations, DEA; and public witnesses. tions for fiscal year 1999. MISCELLANEOUS MEASURE; OVERSIGHT— HOMEOWNERS’ INSURANCE AVAILABILITY ENDANGERED SPECIES ACT ACT Committee on Resources: Ordered reported amended Committee on Banking and Financial Services: Ordered H.R. 4111, to provide for outlet modifications to reported amended H.R. 219, Homeowners’ Insurance Folsom Dam, a study for reconstruction of the Availability Act of 1997. Northfork American River Cofferdam, and to trans- ELECTRONIC COMMERCE fer to the State of California all right, title, and in- terest in and to the Auburn Dam. Committee on Commerce: Subcommittee on Energy and The Committee also held an oversight hearing on Power held a hearing on Electronic Commerce: The the Endangered Species Act. Testimony was heard Energy Industry in the Electronic Age. Testimony from Michael Anable, Deputy State Land Commis- was heard from public witnesses. sioner, Land Department, State of Arizona; Renne NBA PIONEERS—PENSION FAIRNESS Lohoefener, Assistant Regional Director, Region 2, Committee on Education and the Workforce: Subcommit- U.S. Fish and Wildlife Service, Department of the tee on Employer-Employee Relations held a hearing Interior; Peter Coppelman, Deputy Assistant Attor- on Pension Fairness for NBA Pioneers. Testimony ney General, Environment and Natural Resources was heard from public witnesses. Division, Department of Justice; Eleanor S. Towns, Regional Forester, USDA; and public witnesses. WASHINGTON CONVENTION CENTER AUTHORITY VA-HUD-INDEPENDENT AGENCIES Committee on Government Reform and Oversight: Sub- APPROPRIATIONS committee on the District of Columbia held a hear- Committee on Rules: Granted, by voice vote, an open ing on Washington Convention Center Authority. rule providing 1 hour of debate on H.R. 4194, mak- Testimony was heard from Andrew Brimmer, Chair- ing appropriations for the Department of Veterans July 15, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D767 and Housing and Urban Development, and for sun- SMALL BUSINESSES—YEAR 2000 COMPUTER dry independent agencies, commissions, corporations, PROBLEM and offices for the fiscal year ending September 30, Committee on Small Business: Held a hearing on the 1998. The rule waives section 306 (prohibiting con- Impact of the Year 2000 (Y2K) Computer Problem sideration of legislation within the Budget Commit- tee’s jurisdiction, unless reported by the Budget on Small Businesses. Testimony was heard from Fred Committee) of the Congressional Budget Act against Hochberg, Deputy Administrator, SBA; and public consideration of the bill. witnesses. The rule provides that the amendment printed in the report of the Committee on Rules accompanying OVERSIGHT—COAST GUARD MARINE the resolution shall be considered as adopted. The ENVIRONMENTAL PROTECTION AND rule waives clause 6 (prohibiting reappropriations in COMPLIANCE PROGRAM an appropriation bill) of rule XXI against provisions Committee on Transportation and Infrastructure: Sub- in the bill and clause 2 of rule XXI (prohibiting un- committee on Coast Guard and Maritime Transpor- authorized and legislative provisions in an appropria- tation held an oversight hearing on the U.S. Coast tions bill) against provisions in the bill as amended, Guard Marine Environmental Protection and Com- except as otherwise specified in the rule. pliance Programs. Testimony was heard from Capt. The rule makes in order the amendment printed Thomas H. Gilmour, USCG, Director, Field Activi- in the Congressional Record and numbered 12, ties, Office of Marine Safety and Environmental Pro- which may be offered only by Representative Leach tection, U.S. Coast Guard, Department of Transpor- or a designee, shall be considered as read, shall be tation; and public witnesses. debatable for 40 minutes equally divided and con- trolled by the proponent and an opponent, shall not U.S.-JAPAN TRADE RELATIONS be subject to amendment, and shall not be subject to a demand for a division of the question in the Committee on Ways and Means: Subcommittee on House or in the Committee of the Whole. The rule Trade held a hearing on United States-Japan Trade waives all points of order against the amendment Relations. Testimony was heard from Representatives numbered 12. Levin, Bereuter and Graham; and public witnesses. The rule authorizes the Chair to accord priority in f recognition to Members who have preprinted their amendments in the Congressional Record. The rule NEW PUBLIC LAWS allows for the Chairman of the Committee of the Whole to postpone votes during consideration of the (For last listing of Public Laws, see DAILY DIGEST, p. D733) bill, and to reduce votes to five minutes on a post- poned question if the vote follows a fifteen minute H.R. 651, to extend the deadline under the Fed- vote. Finally, the rule provides one motion to recom- eral Power Act for the construction of a hydroelectric mit with or without instructions. Testimony was project located in the State of Washington Signed heard from Representatives Lewis of California, July 14, 1998. (P.L. 105–189) Tiahrt, Leach, Lazio of New York, Kelly, Stokes, H.R. 652, to extend the deadline under the Fed- Obey, Kennedy of Massachusetts, Engel and Gutier- eral Power Act for the construction of a hydroelectric rez. project located in the State of Washington. Signed INTERIOR APPROPRIATIONS July 14, 1998. (P.L. 105–190) H.R. 848, to extend the deadline under the Fed- Committee on Rules: Heard testimony from Represent- eral Power Act applicable to the construction of the atives Regula, Johnson of Connecticut, Stearns, AuSable Hydroelectric Project in New York. Signed Greenwood, Yates and Gutierrez, but action was de- July 14, 1998. (P.L. 105–191) ferred on H. R. 4193, making appropriations for the H.R. 1184, to extend the deadline under the Fed- Department of the Interior and related agencies for eral Power Act for the construction of the Bear the fiscal year ending September 30, 1998. Creek Hydroelectric Project in the State of Washing- OVERSIGHT—SCIENCE OF RISK ton. Signed July 14, 1998. (P.L. 105–192) ASSESSMENT H.R. 1217, to extend the deadline under the Fed- Committee on Science: Subcommittee on Energy and eral Power Act for the construction of a hydroelectric Environment held an oversight hearing on the project located in the State of Washington. Signed Science of Risk Assessment: Implications for Federal July 14, 1998. (P.L. 105–193) Regulation. Testimony was heard from public wit- S. 2282, to amend the Arms Export Control Act. nesses. Signed July 14, 1998. (P.L. 105–194) D768 CONGRESSIONAL RECORD — DAILY DIGEST July 15, 1998 COMMITTEE MEETINGS FOR THURSDAY, NOTICE JULY 16, 1998 For a listing of Senate committee meetings sched- (Committee meetings are open unless otherwise indicated) uled ahead, see pages E1315–16 in today’s Record. Senate House Committee on Armed Services, to resume hearings on the Committee on Appropriations, Subcommittee on Transpor- nomination of Daryl L. Jones, of Florida, to be Secretary tation, to mark up appropriations for fiscal year 1999, 10 of the Air Force, 9:30 a.m., SH–216. a.m., 2358 Rayburn. Committee on Commerce, Science, and Transportation, to Committee on Banking and Financial Services, Subcommit- hold hearings to examine the General Accounting Office’s tee on Financial Institutions and Consumer Credit, hear- investigation of the Universal Service, Schools and Librar- ing on streamlining bank regulatory oversight, 9:30 a.m., ies program, 9:30 a.m., SR–253. 2128 Rayburn. Committee on Energy and Natural Resources, Subcommittee Committee on Commerce, to mark up H.R. 2281, Digital on National Parks, Historic Preservation, and Recreation, Millennium Copyright Act of 1998, 10 a.m., 2123 Ray- to hold hearings on S. 155, to redesignate General Grant burn. National Memorial as Grant’s Tomb National Monument, Committee on Education and the Workforce, Subcommittee S. 1408, to establish the Lower East Side Tenement Na- on Workforce Protections, hearing on H.R. 2710, Re- tional Historic Site, S. 1718, to amend the Weir Farm warding Performance in Compensation Act, 10:30 a.m., National Historic Site Establishment Act of 1990 to au- 2175 Rayburn. Committee on Government Reform and Oversight, Sub- thorize the acquisition of additional acreage for the his- committee on Human Resources, oversight hearing on toric site to permit the development of visitor and ad- Early Childhood Interventions: Public-Private Partner- ministrative facilities and to authorize appropriation of ships, 9:30 a.m., 2154 Rayburn. additional amounts for the acquisition of real and per- Committee on International Relations, hearing on U.S. and sonal property, and S. 1990, to authorize expansion of Russia: Assessing the Relationship, 10 a.m., 2172 Ray- Fort Davis National Historic Site in Fort Davis, Texas, burn. 2 p.m., SD–366. Subcommittee on Asia, to mark up H. Res. 459, com- Committee on Finance, to hold hearings to examine tax memorating 50 years of relations between the United and trade issues related to the internet, including related States and the Republic of Korea, 9:30 a.m., 2172 Ray- provisions of S. 442 and H.R. 4105, proposed Internet burn. Tax Freedom Acts, 9:30 a.m., SD–215. Committee on the Judiciary, to mark up the following: Committee on Foreign Relations, to hold hearings on the H.R. 2592, Private Trustee Reform Act of 1997; H.R. nominations of Hugh Q. Parmer, of Texas, to be an As- 3891, Trademark Anticounterfeiting Act of 1998; H.R. sistant Administrator of the Agency for International De- 3898, Speed Trafficking Life in Prison Act of 1998; H.R. velopment, and Mary Beth West, of the District of Co- 2070, Correction Officers Health and Safety Act of 1997; lumbia, for the rank of Ambassador during her tenure of H.R. 4090, Public Safety Act Officer Medal of Valor Act service as Deputy Assistant Secretary of State for Oceans of 1998; H.R. 3789, Class Action Jurisdiction Act of and Space, 10 a.m., SD–419. 1998; and private immigration bills, 10 a.m., 2141 Ray- Full Committee, to hold hearings on the nominations burn. of John Bruce Craig, of Pennsylvania, to be Ambassador Committee on National Security, hearing on the findings to the Sultanate of Oman, Theodore H. Kattouf, of Mary- and conclusions of the Commission to Assess the Ballistic land, to be Ambassador to the United Arab Emirates, Missile Threat to the United States, 9:30 a.m., 2118 Elizabeth Davenport McKune, of Virginia, to be Ambas- Rayburn. sador to the State of Qatar, and David Michael Committee on Resources, Subcommittee on Fisheries Con- Satterfield, of Virginia, to be Ambassador to the Republic servation, Wildlife and Oceans, to mark up H.R. 1481, of Lebanon, 2 p.m., SD–419. Great Lakes Fish and Wildlife Restoration Act of 1997; Full Committee, to hold hearings on the nominations and to hold an oversight hearing on Pilot Program to of James Howard Holmes, of Virginia, to be Ambassador Control Non-Indigenous Species Nutria at the Blackwater to the Republic of Latvia, Steven Robert Mann, of Penn- National Wildlife Refuge in Maryland, 2 p.m., 1334 sylvania, to be Ambassador to the Republic of Longworth. Turkmenistan, Richard Nelson Swett, of New Hamp- Subcommittee on Forests and Forest Health, oversight shire, to be Ambassador to Denmark, and Melissa Foelsch hearing on Regional Haze, 10 a.m., 1334 Longworth. Wells, of Connecticut, to be Ambassador to the Republic Subcommittee on National Parks and Public Lands, of Estonia, 4 p.m., SD–419. hearing on the following bills: H.R. 3981, to modify the Committee on the Judiciary, business meeting, to consider boundaries of the George Washington Birthplace Na- pending calendar business, 9:30 a.m., SD–226. tional Monument; H.R. 4109, to authorize the Gateway Full Committee, to hold hearings on pending nomina- Visitor Center at Independence National Historical Park; tions, 2 p.m., SD–226. H.R. 4141, to amend the Act authorizing the establish- ment of the Chattahoochee River National Recreation July 15, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D769

Area to modify the boundaries of the Area, and to pro- Subcommittee on Government Programs and Over- vide for the protection of lands, waters, and natural, cul- sight, hearing with respect to the SBA’s Proposed New tural, and scenic resources within the national recreation Automated Loan Monitoring System, 2 p.m., 2360 Ray- area; and H.R. 4158, National Park Enhancement and burn. Protection Act, 10 a.m., 1324 Longworth. Committee on Transportation and Infrastructure, Sub- Subcommittee on Water and Power, to mark up the committee on Public Buildings and Economic Develop- following bills: H.R. 2161, to direct the Secretary of the ment, hearing on the Status of the Courthouse Construc- Interior to convey the Palmetto Bend Project to the State tion Program, U.S. Mission to the United Nations Con- of Texas; H.R. 3677, to authorize and direct the Secretary struction Request and comments on H.R. 2751, General of the Interior to convey certain works, facilities, and ti- Services Administration Improvement Act of 1997, 9 tles of the Gila Project, and Designated Lands within or a.m., 2253 Rayburn. adjacent to the Gila Project, to the Wellton-Mohawk Ir- Committee on Veterans’ Affairs, Subcommittee on Bene- rigation and Drainage District; H.R. 3706, Clear Creek fits, oversight hearing on the standards for adjudicating Distribution System Conveyance Act; H.R. 3715, Pine claims presented by veterans suffering from hepatitis C, Ridge Project Conveyance Act; and H.R. 2506, Collbran cerebral malaria and Persian Gulf illnesses, 10 a.m., 334 Project Unit Conveyance Act, 2 p.m., 1324 Longworth. Cannon. Committee on Ways and Means, Subcommittee on Health, Committee on Small Business, Subcommittee on Em- hearing on the Administration’s Plan to Delay Implemen- powerment, hearing on the social and economic costs of tation of the Balanced Budget Act of 1997, 11 a.m., teenage pregnancy, 10 a.m., 2360 Rayburn. 1100 Longworth. D770 CONGRESSIONAL RECORD — DAILY DIGEST July 15, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, July 16 10 a.m., Thursday, July 16

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Completed Consideration of ation of S. 2159, Agriculture Appropriations. H.R. 4104, Treasury, Postal Service and General Govern- ment Appropriations Act, 1999 (open rule, one hour of general debate); and Consideration of H.R. 4194, Departments of Veterans’ Affairs, Housing and Urban Development, and Independ- ent Agencies Appropriations Act, 1999 (open rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E1311 Parker, Mike, Miss., E1301 Frost, Martin, Tex., E1311 Paul, Ron, Tex., E1309 Baldacci, John Elias, Maine, E1311 Gallegly, Elton, Calif., E1307, E1308 Portman, Rob, Ohio, E1309 Bonilla, Henry, Tex., E1305 Gejdenson, Sam, Conn., E1310 Radanovich, George P., Calif., E1302, E1303, E1305 Capps, Lois, Calif., E1306 Gilman, Benjamin A., N.Y., E1304, E1312, E1314 Riggs, Frank, Calif., E1306 Coble, Howard, N.C., E1312 Hamilton, Lee H., Ind., E1301, E1303, E1305 Roukema, Marge, N.J., E1302, E1308 Conyers, John, Jr., Mich., E1313 Hilleary, Van, Tenn., E1307 Serrano, Jose´ E., N.Y., E1313 Doyle, Michael F., Pa., E1313 Hunter, Duncan, Calif., E1302 Smith, Lamar S., Tex., E1304 Edwards, Chet, Tex., E1309 Kennedy, Patrick J., R.I., E1305 Stabenow, Debbie, Mich., E1303 Fazio, Vic, Calif., E1314 Lipinski, William O., Ill., E1310 Upton, Fred, Mich., E1312 Filner, Bob, Calif., E1314 Oxley, Michael G., Ohio, E1307 Wolf, Frank R., Va., E1309

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