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

Vol. 144 WASHINGTON, TUESDAY, MARCH 10, 1998 No. 24 House of Representatives The House met at 12:30 p.m. and was of great importance to me: the nearly essary to ensure that these programs called to order by the Speaker pro tem- balanced Federal budget and what to can support not only us, but more im- pore (Mrs. EMERSON). do with the projected budget surpluses. portantly, our children and the genera- f First, let me say that I am extremely tions that come after them. pleased at projections which show that Secondly, I believe it is absolutely DESIGNATION OF SPEAKER PRO the budget is nearly balanced. The imperative that we begin paying down TEMPORE most recent figures from the Congres- the massive Federal debt. Since 1980, The SPEAKER pro tempore laid be- sional Budget Office say that by the the gross Federal debt has grown more fore the House the following commu- year end, the Federal budget will not than five times in size to nearly $5.5 nication from the Speaker: only come into balance but will actu- trillion. Today, the debt is two-thirds WASHINGTON, DC, ally produce an $8 billion surplus. the size of our Nation’s gross domestic March 10, 1998. While we have certainly made tre- product and interest payments on the I hereby designate the Honorable JO ANN mendous progress from 1992, when the debt consume 15 cents of every dollar EMERSON to act as Speaker pro tempore on deficit hit a record high of $290 billion, in Federal spending. Think about how this day. more work needs to be done. Even if much better off we would be if this NEWT GINGRICH, the deficit does disappear on paper, the money did not have to be spent on in- Speaker of the House of Representatives. terest payments. At today’s average in- f budget will not really be balanced since the true size of the deficit is terest rate of 6.7 percent for every $1 MESSAGE FROM THE SENATE masked by borrowing from the Federal billion in debt we retire, we would save $55 million each and every year in in- A message from the Senate by Mr. trust funds. It is estimated that for fiscal year terest payments. Lundegran, one of its clerks, an- Most economists say that by reduc- 1998, trust fund surpluses from pro- nounced that the Senate had passed a ing the debt and thereby shrinking in- grams such as Social Security and the bill of the following title, in which the terest payments, we would reduce in- concurrence of the House is requested: Highway Trust Fund will make the def- terest rates, increase savings rates, icit appear $155 billion less than it ac- S. 1668. An act to encourage the disclosure keep the tax burden down, and make to Congress of certain classified and related tually is. Therefore, I believe we must more money available in both the pub- information. redouble our efforts to make sure that lic and private sectors to continue to f the budget is really balanced without fuel economic growth. It will not hap- borrowing from the trust funds. If a MORNING HOUR DEBATES pen in the next 10 years, 20 years or surplus does occur, I am committed to even 30 years. But if we begin paying The SPEAKER pro tempore. Pursu- working for the following three goals: off the debt now, eventually we will re- ant to the order of the House of Janu- First, we should take steps to provide duce it to a manageable level so it does ary 21, 1997, the Chair will now recog- for the long-term fiscal health of So- not eat up such a large portion of our nize Members from lists submitted by cial Security, Medicare and other Fed- national output. the majority and minority leaders for eral retirement programs without, I Finally, we should be investing more morning hour debates. The Chair will would repeat that, without increasing in this country’s economic infrastruc- alternate recognition between the par- the payroll tax. Under current CBO ture such as roads, bridges, inland wa- ties, with each party limited to 30 min- projections, Medicare is scheduled to terways, sewage treatment plants and utes, and each Member, except the ma- run out of funds by the year 2010 while airports in order to make American jority leader, the minority leader, or Social Security will start to lose workers and businesses more produc- the minority whip, limited to 5 min- money in the year 2012 and be unfunded tive and profitable. utes. by the year 2029. There is little doubt that investing in The Chair recognizes the gentleman These glum predictions are not the economic infrastructure has positive from Indiana (Mr. VISCLOSKY) for 5 result of gross mismanagement or be- benefits for all Americans. Improving minutes. cause anyone is guilty of stealing roads, updating sewer systems, mod- f money from the programs. Rather, ernizing airports and making sure our these programs are in trouble because communications system is ready for THE PROJECTED BUDGET the average American is living longer the 21st century enhances our inter- SURPLUS and because health care costs are ris- national competitiveness and helps Mr. VISCLOSKY. Madam Speaker, I ing so fast. Therefore, it is our respon- American workers remain the most rise today to address an issue which is sibility to make the tough choices nec- productive in the world.

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.

H911 H912 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Despite the obvious benefits, many And step two only gets worse. The who generally concurred. They stated that infrastructure projects are not today scope of this experiment is simply some planned corrective actions had been de- receiving adequate funds or are simply breathtaking. When you see a poll in layed by the Fiscal Year 1998 continuing res- being ignored. For instance, a 1995 De- the New York Times or CNN or USA olution and the recent legislation requiring both a sampling and a non-sampling 1998 partment of Transportation study Today, the pollsters normally talk to Dress Rehearsal. However, the bureau has found that nearly one-third of the about 1,000 or so Americans. What this initiated a comprehensive design review to roads in this country are in poor or me- administration is talking about is be completed in January 1998 that is in- diocre condition. doing 60,000 separate polls at the same tended to address our concerns. We look for- The Department of Defense estimates time. It has never been tried before and ward to assessing the adequacy of those cor- that it will be at least 12 years before the potential for mistakes and errors is rective actions. adequate housing can be built for every quite large. If you have any questions about this paper, soldier in the U.S. armed forces. The Commerce Department’s own In- your staff may contact either me at (202) 482– 4661 or Jessica Rickenbach, our Congres- And in 1996, the Federal Aviation Ad- spector General said in December, ‘‘We sional Liaison Officer, at (202) 482–3052. ministration said it would need at least can conclude that although the 2000 Sincerely, $33 billion over the next 5 years to census design is risky, the Bureau’s FRANCIS D. DEGEORGE, meet its capital improvement needs. fundamental problem is that it simply Inspector General. Yet last year the Federal Government may not have enough time to plan and Enclosure. spent only $1.46 billion for airport de- implement a design that achieves its U.S. DEPARTMENT OF COMMERCE, OF- velopment projects. dual goals of containing costs and in- FICE OF INSPECTOR GENERAL, DECEM- Madam Speaker, we have a moral re- creasing accuracy.’’ BER 1997 sponsibility to provide a solid and fis- The Inspector General goes on to 2000 DECENNIAL CENSUS: KEY MILESTONES AND cally secure future for the generations state, ‘‘Because this process is long, ASSOCIATED RISKS that will follow us. complex and operating under a tight INTRODUCTION f schedule, there will be many opportu- History of Decennial Census Design nities for operational and statistical THE 2000 CENSUS The Census Bureau, in consultation with errors.’’ expert advisory panels, ‘‘reengineered’’ cen- The SPEAKER pro tempore. Under Madam Speaker, I include for the sus-taking methods to meet the challenges the Speaker’s announced policy of Jan- RECORD the report, as follows: of accurately and cost-effectively counting uary 21, 1997, the gentleman from Flor- U.S. DEPARTMENT OF COMMERCE, an increasingly hard-to-count population in ida (Mr. MILLER) is recognized during THE INSPECTOR GENERAL, 2000. An accurate census is crucial because morning hour debates for 5 minutes. Washington, DC, December 30, 1997. the Constitution requires that it be used to apportion seats in the Congress. Addition- Mr. MILLER of Florida. Madam Hon. JOHN MCCAIN, Speaker, today I rise to discuss the Chairman, Committee on Commerce, Science, ally, census data are used for a host of other and Transportation, U.S. Senate, Washing- important activities, including federal and current status of the 2000 census. state redistricting, the implementation and Most Americans do not realize the ton, DC. DEAR MR. CHAIRMAN: During the Commit- enforcement of the Voting Rights Act, and size and scope of the decennial census. tee’s May 14, 1997, oversight hearing on the the distribution of billions of dollars of fed- It is the largest peacetime mobiliza- Department of Commerce, you requested our eral and state funds each year. Because of its tion of the Federal Government in his- views on what needs to be accomplished by centrality to decisions that last 10 years, the tory. The Census Bureau will hire and what dates in order to ensure a successful bureau must address concerns about the con- train about 500,000 Americans to carry 2000 decennial census. You planned to use tent and method of conducting the census out and conduct the 2000 census. this information as a benchmark to track raised by its stakeholders—federal, state, the progress of the census. and local governments and a myriad of advo- Under our system of government, we cacy groups whose constituents are affected do not consider engaging in such a In response to your request, the enclosed paper discusses decennial census milestones by census results. huge operation that spends billions of and associated risks. This paper does not The 1990 census was long, expensive, and dollars without involving the United take into account the recent decision to in- labor-intensive, a situation exacerbated by a States Congress. Unfortunately, that is clude plans for conducting the decennial lower-than-expected public response. Be- exactly what this administration has without the use of sampling. The Census Bu- cause of the low response, the bureau re- decided to do, ignore the Congress. reau is currently in the early stages of ad- quired additional appropriations from the Most Americans do not know what justing its scheduling and cost models to re- Congress during the census to complete the flect that decision, and we will closely mon- count. Despite the census’ higher cost, post- the dispute over the 2000 census is all analysis concluded that the count was less about. So let me take a moment to try itor and report on the bureau’s progress in making these adjustments. accurate than that of the 1980 census. Par- and explain. We conclude that although the 2000 census ticularly alarming to the Congress and other For 200 years we have conducted the design is risky, the bureau’s fundamental stakeholders was the increase over past cen- census by trying to count all Ameri- problem is that it simply may not have suses in the disproportionate undercount of cans. The fancy term for this is full enough time to plan and implement a design minorities. enumeration. Of course, it is a difficult that achieves its dual goals of containing The Congress convened a panel of experts undertaking to count all Americans, cost and increasing accuracy. The problem is from the National Academy of Sciences to study these problems and recommend ac- but that is what we have been doing for evidenced by the decennial Master Activity Schedule—the primary decennial program tions to address them. In 1994, the panel de- 200 years. The administration does not management tool. The schedule’s tightness termined that traditional counting methods want to do that anymore. is due to changing design details, lagging alone are no longer sufficient, and rec- They no longer want to attempt to progress in some critical activities, less than ommended that to contain cost and increase count all Americans. Instead, with the full implementation of strategies and proce- accuracy, the bureau use statistical sam- help of experts, they have designed the dures, and a continuing lack of agreement pling and estimation as an integral part of largest statistical experiment in U.S. between the Administration and the Con- the 2000 census design. In addition, the panel history. I do not want to bore everyone gress on the appropriate use of sampling. recommended that the bureau rethink and with the details, but let me try and A recurring theme of this paper is our con- reengineer the entire census process and op- clusion that, as a result of its lack of time to erations. The bureau agreed with the panel’s give my colleagues a basic outline of complete various aspects of the design, the recommendations and decided to incorporate this grand experiment. bureau will need to ask for additional fund- sampling and estimation, multiple response There are 60,000, 60,000 separate cen- ing, reprogram funds, or accept potential modes, updated computing tools, and an im- sus tracts in the United States, each quality shortfalls. To minimize the need for proved national address file into the design. contains approximately 4,000 people. such actions, the bureau should immediately The dress rehearsal, scheduled to begin in Under this new, untested theory, the (1) prioritize and assess the readiness of its the spring of 1998, offers the Census Bureau administration wants to count 90 per- major design components, (2) simplify the its first opportunity to test the inter- cent of the people in each of the 60,000 design, (3) realistically reassess costs, (4) relationships of the various decennial design communicate results both internally and ex- components. The bureau plans to closely ap- census tracts. And then they will use ternally, and (5) redirect the 1998 dress re- proximate all major decennial components 60,000 simultaneous polls to estimate hearsal accordingly. and their supporting automated systems in the other 10 percent in each of the cen- We discussed our findings and rec- the dress rehearsal. Only a complete dress sus tracts. That is just step one. ommendations with senior bureau managers rehearsal will allow the bureau and outside March 10, 1998 CONGRESSIONAL RECORD — HOUSE H913 observers to document the efficacy of the with local officials and community organiza- several thousand activities in the schedule. 2000 census design. tions. Additionally, temporary staff will Unless otherwise specified, we used the bu- OIG Monitoring of Decennial Census Design visit shelters and soup kitchens to enumer- reau’s planned start and finish dates. Appen- dixes I and II to this paper lists key dress re- The OIG has long been concerned about the ate transient populations. The Census Bureau anticipates that about hearsal and decennial milestones from the need for the bureau to develop a sound de- two-thirds of all households will mail back a schedule. Appendix III depicts the inter- cennial design. In an inspection report issued census form. To obtain information on the relationships among those key activities as two years ago, we concluded that the bureau remaining one-third of households, tem- portrayed in the schedule. Appendix IV pro- had not sufficiently refined and optimized a porary staff will visit them and attempt to vides a summary of our results. design that was supported by adequate re- conduct in-person census enumeration. search and analysis and that it lacked a RISK ANALYSIS Interviewers will obtain responses from at credible cost estimate.1 Among our rec- Phase One: Pre-enumeration least 90 percent of all households in each ommendations was that the bureau derive a Master Address File (MAF) census tract before terminating their activi- coherent, substantiated, cost-effective de- Background ties. The bureau will use statistical esti- sign for meeting decennial goals. Since that mation to determine the characteristics of In 1990, the bureau purchased commercial time, we have continued to monitor the bu- the remaining nonrespondents. address lists, available only for metropolitan reau’s progress in finalizing its design, offer- Processing. As census questionnaires are areas, to begin its address-building process. ing our views on what actions needed to be mailed back, collected through follow-up Temporary field staff went door-to-door na- taken. interviews, or received over the telephone, tionwide in 1989 to develop the 1990 Census This paper was developed in response to a they are sent to one of several processing Address Control File. Because the address request made by Senator John McCain, centers. The data is then ‘‘captured,’’ or list was the source of millions of errors, it Chairman of the Committee on Commerce, translated from paper to electronic format was a good candidate for reengineering. Fur- Science, and Transportation, at a May 14, for computer processing. Questionnaires ther, the list was of particular interest to 1997, oversight hearing on the Department of from within a defined geographic area are local officials, who believed that they could Commerce. The Chairman wanted the OIG’s compared to eliminate any duplicate re- help to improve it. In October 1994, partially perspective on milestones that the Census sponses from a single household. The results in response to local government requests, Bureau needs to meet in order to ensure a are compiled into the unedited census file, the Congress passed Public Law 103–430, successful census, intending to use this in- which is used in the post-enumeration phase which requires the bureau to allow local gov- formation as a benchmark to track the to produce final counts. ernments to review its address list before the progress of the census. Post-Enumeration. After enumeration and 2000 decennial. Consequently, bureau offi- To define the requested decennial census processing, the Census Bureau will conduct cials adopted an address-building program milestones and associated risks, we present an independent survey, called the Integrated that centered on partnerships with the U.S. several analyses of the design using some of Coverage Measurement (ICM) survey, during Postal Service and up to 39,000 local govern- the bureau’s activities for the dress re- which 750,000 households will be re-inter- ments to build and review the MAF before hearsal and the census itself. First, we iden- viewed by temporary staff. These second the census. tify the key activities and design compo- interviews serve as a quality check on all This program was designed to produce an nents in each of the four phases of the cen- preceding census activities. Responses to the improved list at a lower cost by assigning a sus. Then we briefly describe how the Master unique georgraphic code to city-style ad- ICM survey will then be matched to each Activity Schedule defines relationships be- dresses based on the bureau’s mapping sys- household’s original census form, if one was tween activities and calculates start and fin- tem. This list is a combination of addresses obtained, and the data transmitted to census ish dates. Based on the body of work done by from the Postal Service, the 1990 census, and headquarters. The results of the quality our office, we next provide a design risk local governments. Rural address capture check will be used in calculating the final analysis, component by component. Since would still require temporary staff to can- statistical adjustment of the census count. few dress rehearsal activities, and even fewer vass areas that had rural delivery routes or At the end of December 2000, the Census decennial activities have yet occurred, we post office boxes. The address list that Bureau will deliver to the Congress the popu- identify potential future delays in milestone emerged from both sets of activities would lation counts to be used in reapportionment. activities. be sent to local governments for review and By April 2001, the bureau will release the re- corrections. In addition to meeting the legal BACKGROUND districting data to the states. Later, the cen- requirement for local government review of Decennial Census Phases sus database will be formatted for use by the address list before the 2000 census, this Pre-Enumeration. Before census enumera- other data users—federal agencies, state and review would enable the bureau to obtain the tion can start, the Census Bureau must local governments, and the general public. most current information available while re- produce, distribute, and publicize the 2000 Project Management ceiving early acceptance from local officials Census questionnaire. Perhaps the most To help manage the planning for the 2000 to preclude challenges after the census. complex step in this process is creating the Census, the Census Bureau spent much of Activities at risk Master Address File (MAF)—the list of ad- 1997 building its Master Activity Schedule dresses of all households to be counted in the Developing base MAF. Although the MAF (MAS) for the census. The schedule was de- program seemed sound in concept, when bu- census. The MAF is being developed from in- veloped using Primavera Project Planner reau staff began implementing it, a number formation obtained from the Postal Service, (P3), a sophisticated project management of deficiencies became apparent. The quality, the 1990 census, local governments, and field software tool. P3 allows the bureau to iden- currency, and usability of the Postal Service checks. Rural address capture requires tem- tify relationships among activities in the and local government address lists varied porary staff to canvass areas that have rural schedule, such as whether one activity must greatly. Additionally, few local governments delivery routes or post office boxes. Before be completed before another can start, or participated in the address-building part of the MAF is finalized, it will be sent to local whether two must end at the same time. the program. The bureau addressed these de- governments for review and correction. Using activity durations developed by the ficiencies by planning for targeted canvass- Enumeration. Once all address information bureau, P3 calculates the earliest date an ac- ing operations, such as a search for hidden is complete, the bureau will create the ad- tivity can begin based on its relationship to units and checks of multi-unit structures. dress file that will be used to label question- predecessor activities, as well as the latest However, as time progressed, bureau ana- naires. Questionnaires will then be distrib- date an activity can begin before it delays lysts became increasingly alarmed about uted to households in one of two ways, de- successor activities. The interval between their inability to clearly identify the at- pending on whether they are in urban or in those two dates is known as ‘‘float’’ time. tributes of areas where errors would be most rural areas. Questionnaires with urban, city- The bureau’s planned beginning and ending likely to occur. If it cannot identify such at- style addresses will be delivered by Postal dates for each activity generally fall within tributes, the bureau will be unable to accu- Service mail carriers. In rural areas, tem- the float period. Activities with zero or nega- rately select the areas in need of the planned porary census staff will drop off question- tive float are considered critical, meaning targeting, resulting in error-prone areas not naires at each household and verify the loca- that they either are delaying or will delay being among those checked. tion of residences in the process. subsequent activities unless their durations Acknowledging the MAF program con- There will always be some individuals who are shortened. In part because P3 provides cerns, during this past summer, the bureau’s do not return a questionnaire or do not re- the bureau with the opportunity to vary ac- Deputy Director established a team to assess ceive one in the first place. To allow resi- tivity durations or relationships as part of the 2000 decennial address-list building strat- dents to obtain census forms at locations ‘‘what if’’ analyses, it is an important tool in egy. Finding this strategy to be complex, other than their residences, the bureau will determining the cost, schedule, and perform- risky, and incapable of providing an ade- distribute additional census forms, known as ance trade-offs inherent in implementing the quate final product, the assessment team ‘‘Be Counted’’ forms, at high-profile public census. concluded that a 1990-style, 100-percent field places. Distribution sites in each community The milestones identified throughout this check was essential and that the local review will be determined through consultation analysis come from the MAS as of late Octo- process needed to be redesigned. Con- ber 1997. For major milestones, we selected sequently, the bureau has requested an addi- See footnotes at end of article. important end points from a possible list of tional $108.7 million to complete the MAF H914 CONGRESSIONAL RECORD — HOUSE March 10, 1998 building process. Bureau officials say that, if According to bureau officials, despite the Phase Three: Processing the funding request is denied, they will re- significant reduction in workload under the Data Processing program the money from other areas to con- current sampling strategy, the single biggest Background duct the field operation. threat to a successful census is completing Conducting local review of MAF. Despite its nonresponse follow-up within six weeks so Unlike with previous labor-intensive de- conclusions and the associated need for addi- that the ICM survey can be completed in cennial censuses, the bureau’s plan for the tional funds, the assessment team developed time to meet the December 31, 2000, legisla- 2000 decennial depends heavily on technology performance measures based on the number tive deadline. and automation. In previous censuses, the of local governments participating in MAF Activities at risk bureau used internally designed and devel- oped technology for data processing. A prime building. These participation measures seem Making Be Counted forms widely available in example is its approach to data capture, the to be considered as important as quality multiple languages. The 2000 decennial census process of translating data from paper ques- measures. This apparent emphasis is trou- program to improve coverage of the hard-to- bling since evidence suggests that, in some enumerate by targeting questionnaires in tionnaires to an electronic format for com- cases, local lists may contain significant multiple languages may not be necessary puter processing. Because the system that numbers of inappropriate or erroneous ad- and may conflict with the bureau’s dual the bureau used in 1990 is expensive, obso- dresses. goals of increasing accuracy and containing lete, and unsupportable, it is acquiring a Further, the redesigned process calls for a costs.2 The program may be unnecessary be- modern system, called Data Capture System more interactive process with greater tech- cause the bureau has made sampling an inte- 2000 (DCS 2000), which uses electronic imag- nical assistance from the bureau; as a result, gral part of its 2000 design to compensate for ing. The bureau is seeking to maximize the depending on the intensity of the bureau’s ineffective coverage improvement programs use of commercial-off-the-shelf components efforts and the number of local governments used in past censuses. Further, the 1995 Cen- for DCS 2000, but the unique and stringent participating, the bureau could be facing an sus Test results indicated that targeting decennial census requirements necessitate enormous unanticipated resource drain. For areas with blank census questionnaires in customizing parts of the system. Further, example, local officials may require detailed multiple languages did not increase response DCS 2000 is a key system for the 2000 census geographic assistance to conduct reviews rates for the intended populations. because every response to a census question- consistent with MAF requirements or tech- Although specific program details are not naire or personal visit must be processed nical assistance to match and unduplicate yet in place, if the program is large and re- through the system in order to become a multiple lists using computer software. How- sults in an unanticipated increase in the part of the census. ever, the current program infrastructure workload, it could hamper the bureau’s abil- Once all census questionnaires are proc- calls for staff whose primary skills are in ity to complete nonresponse follow-up on essed, questionnaires potentially from the public relations, not technical support. If the schedule. According to decennial census same address or person must be matched and emphasis on local participation is not subor- managers, the limited period available to ‘‘unduplicated.’’ In the 1990 census, census dinated to quality concerns and the local re- complete nonresponse follow-up in time to questionnaires were tightly controlled, with views become unexpectedly numerous and conduct the ICM survey is the single biggest a unique identification number printed on intense, either cost and complexity will fur- risk in the census. A delay in the start of the each, and only one was sent to each house- ther increase or MAF accuracy will decrease. survey could compromise the bureau’s abil- hold. Conversely, a key strategy for the 2000 Conclusion ity to deliver the appointment counts to the Census is making questionnaires widely To deliver the decennial MAF on schedule, President by the legal deadline. available. The bureau plans to mail two the bureau must receive additional funding, Acknowledging these limitations, bureau questionnaires to every household in the na- reprogram funds, or accept potential quality managers have identified the goal of promot- tion; mail a follow-up questionnaire to large shortfalls. ing partnerships as a justification for ex- households; place unaddressed question- Phase Two: Enumeration panding the number of languages included, naires, called ‘‘Be Counted’’ forms, in public suggesting that measures of cost effective- Nonresponse Follow-up places; and allow responses by telephone and ness are less important. Given bureau man- possibly over the Internet. The potential for Background agers’ intensive efforts to communicate and duplication is therefore much greater than The largest single operation in the decen- implement partnerships, community leaders in previous censuses. nial census is nonresponse follow-up—repeat are likely to expect to play a significant role Activities at risk mailings, visits, and telephone calls to non- in determining the program’s ultimate scope responding households. In 1990, 35.7 million and nature. In light of past experience, local Capturing data from census questionnaires. housing units required follow-up. In 2000, officials will probably advocate an expansive The bureau’s plan for testing and implement- nonresponding housing units will reach near- program. Unless cost-effectiveness is a fun- ing DCS 2000 appears feasible, but only if two ly 40 million, if the bureau’s projections of damental criterion, program cost growth is conditions are met. First, the bureau must voluntary mail response are correct. likely. fund the contractor at agreed-upon levels. After the traditional mail-out/mail-back Conducting non-response follow-up. A long Second, the processing plan cannot be al- phase of the census, the 2000 plan calls for standing bureau concern has been the dif- tered significantly to accommodate changes applying new methods, such as making ques- ficulty and expense of recruiting, hiring, from other decennial census activities. If the tionnaires (known as Be Counted forms) training, and retaining a qualified, tem- bureau fails to meet the first condition, the widely available in up to 32 languages, and porary workforce. Even under a sampling contractor will be unable to provide full other coverage improvement programs to scenario, this task involves recruiting mil- functionality. The DCS 2000 project faces the further boost participation. Then, the bureau lions of people to ensure the hiring of about continuing threat of funding shortfalls. will end the initial enumeration phase, tally 500,000 staff to maintain a peak workforce. Without needed funds, the contractor will be the responses in each census tract, and select The magnitude of the problem is exacerbated unlikely to complete the full range of a sample of the remainder of sufficient size by a number of potential external develop- planned testing, which increases the risk of to increase response rates in each tract to at ments over which the bureau would have lit- delays during operations. least 90 percent. Using this strategy, accord- tle or no control; e.g., a decline in voluntary If other parts of the decennial census re- ing to bureau projections, will reduce the mail response rates below the projected 67 quire changes (e.g., in the questionnaire de- nonresponse workload to about 22 million percent, a booming economy shrinking the sign or to the duration of the Be Counted housing units. available workforce, or a greater-than-ex- program), either increased funding will be In addition to using statistical methods, pected difficulty in enumerating nonrespond- needed to pay for additional equipment and another strategy for the 2000 census is build- ents. tasking, or the system will be unable to per- ing partnerships at every stage of the proc- To help address the workforce problem, the form at the required level. For example, the ess with state, local, and tribal governments; bureau contracted with WESTAT Inc. to de- bureau will be unable to process Be Counted community-based and other organizations; vise a formula to calculate the optimal pay forms in languages other than English until and the private sector. The bureau believes rate for each area of the country to minimize they are translated. If large quantities of Be that such partnerships are valuable because staff turnover without unnecessarily increas- Counted forms are submitted late in the cen- local officials and community leaders under- ing wages. WESTAT concluded that the bu- sus, the bureau will have to wait for trans- stand and know their communities, and can reau could achieve an 80 percent turnover lators to complete their work. To com- therefore help to tailor plans for conducting rate (a significant improvement over 1990) by pensate for the delay, the bureau will have the census. Local and tribal governments setting wage rates at 70 percent of locally to process data in extra shifts, reduce qual- will have the opportunity to review, confirm, prevailing rates and by increasing the num- ity assurance procedures, or extend the proc- and augment the list of neighborhoods iden- ber of enumerators working at any one time essing period. If the bureau is unable to proc- tified for targeting methods, including dis- by 50 percent over 1990. Given the nearly un- ess all questionnaires by its ‘‘drop dead tributing Be Counted forms in multiple lan- precedented pace and scale of hiring in- date,’’ the matching of the census data to guages. Additionally, community-based or- volved, however, WESTAT’s calculations are the ICM survey will be delayed, jeopardizing ganizations and local governments will help subject to uncertainty. (For the discussion of timely census completion. the bureau to identify strategic and high-vis- some of the estimation issues related to non- Conducting matching and unduplication of ibility locations to serve as Be Counted form response follow-up, see the ICM/Estimation census questionnaires and concluding all ICM distribution sites. section.) matching. Because limited time is available March 10, 1998 CONGRESSIONAL RECORD — HOUSE H915 for processing the millions of questionnaires census, the bureau intentionally produced of interviews and built-in quality control involved in the 2000 census, the bureau must two sets of numbers: the census counts and measures. Unfortunately, this area is subject rely heavily on automated procedures to the counts ‘‘adjusted’’ through a quality to cost growth, because the bureau’s cost es- match potential duplicate questionnaires. check called the Post Enumeration Survey timates for the ICM survey do not fully cap- Preparing the algorithms necessary to auto- (PES). The PES was a separate operation ture the costs necessary to successfully man- mate the matching process requires a set of conducted upon the completion of regular age, implement, and process it. Areas of like- detailed rules indicating what constitutes a census operations, in order to provide the op- ly cost growth include better-trained inter- match and a duplicate. Those rules cannot be tion of adjusting the census counts for over- viewers, a technical support structure, a completed until the programs under which and undercounts. The results did not have to more complicated field structure to imple- questionnaires will be made available are be completed as early as the first set of ment laptop use, additional telecommuni- fully defined. The uncertainties associated counts. Opposition to the adjustment ranged cations to transmit data to headquarters for with the bureau’s plan to use the telephone, from technical to parochial, and the adjust- processing, special contractual arrange- the Be Counted campaign, and a second ques- ment was not made. Bureau statisticians ments with vendors to ensure the readiness tionnaire mailing, as well as each one’s later conducted extensive analysis of the of CAPI software, and hardware delivery na- interaction with the sample design, have de- PES design, methodology, and results to tionwide. layed the preparation of the automated help them develop the next-generation To alleviate time pressures, the bureau re- matching rules. PES—the 2000 ICM survey. cently decided to include in the dress re- In fact, it appears the bureau’s concern The 1990 PES and the 2000 ICM survey dif- hearsal some early ICM interviews over the about its ability to automate this process fer in size, precision, and function. A major telephone after a household has returned its caused it to limit to one block the size of the criticism of the PES was the use of indirect census questionnaire but before nonresponse area it will search for potential duplicates state estimates, which were based on sam- follow-up has been completed in the block. for both the census and the ICM survey. Lim- ples from several states combined. In re- Not having been tested, this approach intro- iting the search area decreases computa- sponse to this criticism, the bureau in- duces new risks and complications. Using tional complexities and timing constraints, creased the 2000 ICM sample size fivefold (to two ICM interview techniques poses meth- but increases the likelihood of duplication 750,000 households) to ensure that each state odological concerns, and early enumeration because housing units placed erroneously in would have a large enough sample to allow could violate the separation of the census adjacent blocks will go undetected. This lim- for direct state estimates. This increase will and the ICM survey. The integrity of the itation is particularly problematic for provide every state with comparable levels ICM design hinges on the assumption that it matching the ICM survey and census results of accuracy, as well as the assurance that is fully independent of nonresponse follow- because it increases the likelihood that a corrections to a state’s count are derived up. If residents or enumerators realize that a household could be incorrectly designated as from residents of that state. Partially as a block is in the ICM sample before non- undercounted. result of this change, the ICM survey should response follow-up is complete, independence For example, if a household at 1075 Main define the undercounted groups more pre- is comprised, error is introduced, and the Street is mistakenly recorded as 1076 Main cisely than the PES would. The survey ICM survey becomes a less effective correc- Street in the ICM survey, the household will should also feature improved categorization tion for the undercount. Ultimately, because be incorrectly sorted across the street from of subgroups that would share a probability early telephone ICM interviews only re- its actual location and placed in an adjacent of being counted or missed. cently became the subject of serious consid- block. A matching process that searched The most significant difference is that the eration, there has not been enough time to nine blocks, as was previously considered, ICM survey will be integrated into overall develop a solid understanding of their impli- would probably discover that this household census operations, producing a single set of cations. An attempt will be made to validate had been enumerated in the census. A single- official Census Bureau counts. This ‘‘one- this approach during the dress rehearsal. block search would not find this household’s number census’’ is intended to be a seamless, Concluding All ICM Matching: Matching. census enumeration and would erroneously accurate calculation of the population that The most sensitive aspects of ICM quality include the household in the undercounted will not distinguish between a housing unit control arise after initial field interviews, population. An abbreviated search area determined through the ICM survey and one when ICM responses are matched to census would virtually guarantee more errors in the enumerated in any other manner. The bu- responses and when interviewers conduct fol- ICM survey. reau plans to provide data users with a sin- low-up,or reconciliation, interviews. The two Errors in both the census and the ICM gle point estimate of a relevant population sets of responses must be compared to iden- matching will be further exacerbated with- count and its combined level of error. tify who was missed or erroneously counted out adequate software development and test- Activities at risk in census operations. Households that have ing. To date, however, the bureau has not Conducting ICM Field Interviews: ICM Size not yet been counted in the ICM survey, or completed defining the matching rules and and Schedule. Because of its complexity, the who have offered incomplete or inconsistent other procedural requirements needed to de- ICM survey is highly vulnerable. In particu- responses, must then be contacted by expert velop the specifications to guide software de- lar, the survey’s magnitude, quality de- interviewers. These final steps will be criti- velopers. Without adequate software, the mands, and tight schedule all present serious cal to minimize error and to raise response matching and unduplication process will ul- challenges. Other than the census itself, the rates to the necessary 98 percent. timately depend more heavily on labor-in- ICM is the largest survey the bureau will Response Rate. Current ICM interview plans tensive clerical procedures, which are expen- ever have undertaken—the bureau must sur- propose a response rate of 98 percent, since sive, time-consuming, and error-prone. A vey 750,000 households in 25,000 census tracts research has shown that the undercount cor- high rate of errors in this arena could result nationwide. Because the ICM survey serves rection could be imprecise at response rates in overcounts for certain groups, which could as a quality measure and adjustment for the as high as 95 percent. Raising response rates exacerbate the differential undercount, given entire census, it must also be extremely ac- to 98 percent will require exhaustive efforts that the method used in the ICM survey op- curate. The bureau has stated that the sur- to contact all households. In fact, some sen- erates through ‘‘netting out’’ over- and vey must have a 98-percent response rate to ior decennial census field division managers undercounts. (See the Post-Enumeration produce a high-quality, accurate adjustment. do not find that goal realistic. If the ICM Phase for more discussion about issues asso- Perhaps the biggest obstacle facing the im- survey begins late, the probability of achiev- ciated with completing the survey.) plementation of the survey is the time pres- ing such a high response rate is further re- Conclusion sure it faces at both ends. At the front end, duced. Perhaps the only solution involves Completing processing of census question- survey interviews cannot take place until using statistical methods (imputation) or naires in time to deliver the census unedited the bureau receives a household’s initial cen- sampling of ICM nonrespondents (subsam- file to the ICM survey will require stability sus response. Because the survey is one of pling). The bureau is considering the impli- in the rest of the design, which appears un- the last census operations, it is already at cations of both of these options. Continued likely. Moreover, to deliver accurate appor- risk of delay from lags in earlier projects, indecision in this area limits the bureau’s tionment counts on time, the bureau must like nonresponse follow-up. If the survey be- opportunities to address the ICM survey’s have well-defined, automated procedures to gins late, ICM activities themselves could re- quality assurance measures. However, at match and weed out duplicate question- quire ad hoc operational shortcuts, sure to present, the bureau does not fully under- naires. Without improvements in this area, compromise quality. At the back end, the stand how the treatment of ICM nonrespond- quality may suffer. bureau must implement a whole host of com- ents will interact with other design compo- Phase Four: Post-Enumeration plex estimation and review steps. nents, contribute to error, or otherwise in- Interview Mode. As one approach to ensure fluence the results. Integrated Coverage Measurement quality, the bureau plans for its thousands of Movers. Further, the bureau has yet to fi- Background interviewers to use laptop computers, rather nalize decisions about handling ICM re- The census has always had an undercount. than paper and pencil. Originally, the bureau sponses from households that move in and Since 1940, the Census Bureau has been able selected Computer Assisted Personal Inter- out of ICM blocks between census day and to measure the undercount; since 1990, meth- viewing (CAPI) to save time by eliminating ICM enumeration. Since the 1990 census, ods have been sophisticated enough to con- the need to process paper questionnaires and there have been concerns about accurately sider correcting for it. In the 1990 decennial to improve quality through standardization enumerating movers in the ICM survey. The H916 CONGRESSIONAL RECORD — HOUSE March 10, 1998 bureau’s decision to select a means for han- fully evaluated and tested before implemen- ber of both the Committee on Appro- dling movers was expected during the sum- tation. priations and the Committee on the mer of 1997. Instead, the bureau will test dif- Applying Estimation to Blocks. The bureau is Budget, I have to stop and scratch my ferent methods for the treatment of movers reconsidering its initial plan for applying all during the dress rehearsal, and will select an estimates to individual census blocks. The head. Let me get this straight. This ad- approach after analyzing dress rehearsal re- bureau intended to produce all population es- ministration has unilaterally designed sults. Because of the delay of this decision, timates in the form of households, making the largest statistical experiment in there will be limited time to evaluate the se- enumerated and estimated households indis- history. Their own Inspector General lected method, address any questions arising tinguishable. This approach was designed to raises serious concerns that it will from the dress rehearsal, and prepare soft- address data user concerns about the 1990 work. The majority of Congress dis- ware specifications and quality assurance PES method, which added an additional approves of the plan. Yet, the adminis- ‘‘group quarter’’ to each census block to hold measures relating to movers. The treatment tration is moving full steam ahead of movers is yet another example of the all persons estimated as undercounted. This questions that remain about the reliability new approach raises fundamental questions with their theory. They continue to of matching and follow-up and the adequacy about how results will be formatted for the stonewall the Congress. of quality control in these operations. data file and provided to all data users. Be- On November 26, 1997, President Clin- Combining All Estimation Streams to Produce cause of difficulties in applying the new ton signed the Commerce, State, Jus- Final Counts. Census 2000 includes numerous technique, the bureau is considering reusing tice Appropriations bill. The law avenues for data collection and statistical the 1990 method. states, ‘‘that funds appropriated under adjustment; late in the census, all these ele- Implementing the One-Number Census. To de- this Act shall be used by the Bureau of ments must be brought together into one liver a one-number census that is accurate file. Nonresponse follow-up will estimate the and credible requires not only mathemati- the Census to plan, test, and become characteristics of the final nonresponding cally proven sampling and estimation meth- prepared to implement the 2000 decen- portion of the population and merge the re- odologies, but also highly reliable, robust, nial census without using statistical sults into the census data file. Included in and confidentiality-assured software pro- methods which will result in the per- nonresponse follow-up are a number of grams. Software of this caliber requires a centage of the total population enu- unique treatments for a series of special pop- controlled development approach and rigor- merated being as close to 100 percent as ulations. For example, the bureau must esti- ous testing and retesting. Before the soft- possible.’’ mate how many housing units in the address ware development begins, decennial census That legislation was signed last No- file are vacant buildings and adjust census statisticians should produce numerous sam- files to include counts for transient popu- pling and estimation requirements specifica- vember. Secretary Daley testified last lations. Finally, the file will incorporate tions, or detailed sets of rules to implement week before the Subcommittee on ICM estimates. the intended methodology, which can guide Commerce, Justice, State, and Judici- Estimation Design and Quality Control. Be- software developers. These specifications ad- ary, chaired by the gentleman from cause this process is long, complex, and oper- dress selecting households for many applica- Kentucky (Mr. ROGERS), and the Chair- ating under a tight schedule, there will be tions ranging from receiving a long form to man asked a simple question, ‘‘Do you many opportunities for operational and sta- being included in the ICM survey. However, have an enumeration plan in place?’’ tistical errors. These conditions heighten the since many design decisions will not be made And Secretary Daley replied, ‘‘If you need for procedures to control for sampling until December 1997, and the dress rehearsal and non-sampling error, while also managing begins in March 1998, the period available for are asking for a physical document, the interplay of estimation and software specification preparation and subsequent none is available.’’ components. Given the importance of ensur- software development is extremely limited. Let me respond to Secretary Daley ing that undiscovered errors do not creep In fact, even the long form sampling speci- with the same words used by Chairman into the final results, the bureau must en- fications, which are not based on a new tech- ROGERS. Why not? We paid for the plan. sure timely development, refinement, and nique, are almost a month late. Bureau offi- We need cooperation, not stonewalling testing of the software. These activities can- cials plan to address delays in sampling and from this administration. not be undertaken until the bureau solidifies estimation specifications by having knowl- The stonewalling continues. Con- the estimation design. edgeable staff begin programming before the gress, in the exercise of its responsibil- However, estimation associated with the specifications are completed and formally ICM survey in particular faces lingering delivered. They will then make software ad- ity for oversight, has been repeatedly methodological questions. Decennial census justments in an iterative manner as the thwarted by the lack of timely and managers intend to make all sampling and dress rehearsal progresses. In a recent in- complete responses for requests for in- estimation design decisions by December 31, spection of the decennial census software de- formation by our oversight subcommit- 1997. Since significant research questions velopment area, we found that (1) software is tees. Last year, Congress had to pass have not yet been answered, the bureau is not being developed in accordance with any legislation to force the administration unlikely to have the information it will need well-defined process, (2) estimates of soft- to give us a status report on their plan. to announce a fully adequate integrated ware development schedules and resources Then the report was full of mistakes sampling and estimation plan by then. are not realistic for the dress rehearsal or Conducting Estimation for Small Areas and the census, and (3) requirements for head- and had to be resubmitted. Groups. Among the research yet to be com- quarters processing are immature, volatile, As recently as last week, the Com- pleted is research to address two issues relat- and likely to be late.3 These findings call merce Department took the position ed to the accuracy of the ICM survey. First, into question the bureau’s ability to develop that the Subcommittee on the Census ICM estimates have higher error rates for and implement complete, accurate software staff should not be allowed to interview small geographic areas. The survey is in- for the census. Bureau employees. They are deemed to tended to increase accuracy by significantly Bureau managers acknowledged the defi- be the best source of oversight infor- reducing the differential undercount. Al- ciencies and are taking steps to address though the ICM survey does introduce error, them. For example, they have contracted mation. The National Academy of for larger geographic areas it improves the with a recognized software expert to rec- Sciences is allowed to talk to them. data quality greatly. However, in its current ommend improvements to the software de- The Government Accounting Office is design, the survey introduced increasingly velopment and testing process that will as- allowed to talk to them, but not the error-prone estimates for small localities sist in achieving decennial census goals. Congress, not the elected representa- and in particular for block-level data. However, there is not enough time to make tives of the people, not the branch of Second, the assumption that members of significant changes before the dress re- government directed by the Constitu- demographic subgroups share a probability hearsal software development effort begins. tion to carry out the census. of being missed in the census, called the ho- FOOTNOTES mogeneity assumption, limits the accuracy Our ranking member of the subcommittee 1 of the estimates. The ICM survey estimates Inadequate Design and Decision-Making Process maintains that ``the planning process for the Could Place 2000 Decennial at Risk (OSE–7329–6–0001, a person’s chances of being undercounted November 1995). next Census has been the most open and in- based on only a few characteristics. In re- 2 2000 Decennial Census: Expanded Targeted Ques- clusive ever and has been carried out in direct ality, a person may be missed for many di- tionnaire Program May Be Unnecessary and Counter- accord with the wishes of Congress. . . .'' verse reasons. Therefore, the survey offers productive (ESD–9610–7–0001, September 1997). Certainly the record has shown and continues 3 Headquarters Information Processing Systems for the only an approximation of who is under- to demonstrate that this is not true. counted. The bureau examined several tech- 2000 Decennial Census Require Technical and Manage- niques for addressing this problem. Only one ment Plans and Procedures (OSE–10034–8–0001, Novem- Finally, Madam Speaker, I want to quickly ber 1997). showed promise, and it has serious unre- change topics. There's a growing controversy solved mathematical questions. Therefore, Mr. MILLER of Florida. Madam out at the Census Bureau in Suitland, Mary- the bureau will be forced to address this im- Speaker, as the Chairman of the Sub- land about a fence around the parking lot. It portant issue with a tool that may not be committee on the Census and a mem- was put there because of repeated car thefts March 10, 1998 CONGRESSIONAL RECORD — HOUSE H917 and vandalism. Now, the junior Senator from ers at the polls, just as D.C. has. Listen cannot continue. The lessons we Maryland is threatening to go out there and to hear whether your State is in this learned from Serbian aggression in cut down the fence. Employees of the census list. Bosnia cannot be forgotten now. We bureau are busy trying to prepare for the 2000 b 1245 and our allies cannot sit idly by on the Census. Is it to much to ask for them to have sidelines. We cannot allow Milosevic to peace of mind that their cars will be protected New York, Michigan, Nebraska, Or- carry out his campaign of ethnic in- from vandals while they are at work? I mean egon, Idaho, Maryland, Washington, timidation, violating the human rights really. All they want is to keep their fence. Missouri, Alaska, California, Massa- of the people of Kosova. Doesn't the Junior Senator have more press- chusetts, Utah, Colorado. What a cross- Imposing an arms embargo and sanc- ing issues to consider? section of America has turned down tions is the least we can do. Milosevic f private vouchers with public money at must know that any more bloodshed the polls! will not be tolerated. He must also LET US HAVE AN UP OR DOWN Even when voucher advocates lose, know that the wishes of the people of VOTE ON SCHOOL VOUCHERS however, they double back and lose Kosova cannot be ignored. FOR EVERYONE again, always by more than they lost Madam Speaker, in the past we have The SPEAKER pro tempore. Under the first time. In California they lost taken to the floor to make the case for the Speaker’s announced policy of Jan- first by 61 percent; then by 70 percent. giving the people of Kosova greater uary 21, 1997, the gentlewoman from In Washington State first by 61 per- freedom and independence, but today the District of Columbia (Ms. NORTON) cent; then they lost by 65 percent. In we come to the floor with a more ur- is recognized during morning hour de- Massachusetts the first time they lost gent purpose, to make a plea for their bates for 3 minutes. by 62 percent, then they lost by 70 per- lives. We must remember the commit- Ms. NORTON. Madam Speaker, if the cent. And here in the District, vouch- ments that have been made to protect average American had a kid in almost ers, public vouchers with public school ethnic Albanians in Kosova. We must any public school today, what do you money, have lost by 89 percent. not stray away from those commit- believe she would say if someone adver- My constituents do want a better ments now, even though it means mak- tised free money for scholarships to at- education for their children, but they ing difficult decisions. tend private or religious schools? How are neither foolish nor selfish. They We brought peace to the people of about you colleagues? want educational choice but not at the Bosnia only after we showed Milosevic If you are like most Americans, you expense of their own public schools that his brute force would be countered believe that private schools are more here in the District. with swift and decisive military action. selective, have better classes in some I ask my colleagues: Do we want to Now is the time to make sure he knows important subjects, have a better help poor children get a better edu- that he faces the same consequences if teacher/student ratio. Why not apply? cation, or do we want a veto, or do we the violence in Kosova is not put to a Private certainly have better reputa- want a lawsuit? Because that is all we stop. tions in many parts of the country. will get out of a voucher bill for the This crisis has far-reaching implica- Free money for such schools would District coming to the floor at this tions but we must also keep it in focus. probably get many takers if advertised time. The people of Kosova are being brutal- anywhere in this country among any If we are serious, there is a way to ized and we must not allow it to con- group. get scholarships for the remaining tinue. Last year, some District of Columbia kids. Please join me in a group com- f ministers were asked to sign on to a mitted to raising private money for letter to support free scholarships— children who want to attend private RECESS that is how it was called—for D.C. kids. schools in the District of Columbia. The SPEAKER pro tempore. Pursu- They, too, jumped at the opportunity. f ant to clause 12 of rule I, the Chair de- When they found out that these clares the House in recess until 2 p.m. scholarships were, in fact, publicly STOP THE VIOLENCE IN KOSOVA Accordingly (at 12 o’clock and 50 funded vouchers, which take taxpayer The SPEAKER pro tempore. Under minutes p.m.), the House stood in re- dollars away from public schools, they the Speaker’s announced policy of Jan- cess until 2 p.m. felt deceived, had a press conference, uary 21, 1997, the gentleman from and took their names off of the letter Michigan (Mr. BONIOR) is recognized f during morning hour debates for 3 min- and off of the campaign. AFTER RECESS In public meetings around the Dis- utes. trict, I have raised this subject regu- Mr. BONIOR. Madam Speaker, our The recess having expired, the House larly with my constituents who have morning papers carried the grim news was called to order by the Speaker at 2 now applied in numbers over 7,000 for of the makeshift morgue in Kosova p.m. some free scholarship money. Who in where Serbian authorities displayed f America would not? They are no dif- the remains of 51 ethnic Albanians who ferent, however, from the 69 percent of died in an attack on their village. Bod- PRAYER Americans who say that they do not ies were proudly displayed by the Ser- The Reverend Dr. Thomas F. want public money to go to vouchers bian police, showing the world the re- Gulbronson, Senior Pastor, First As- for private schools. In the District, 89 sults of their destruction of a tiny vil- sembly of God Church, Alexandria, Vir- percent have voted against private lage in Kosova. Some of the dead were ginia, offered the following prayer: school vouchers. women and children, and many were Our gracious Heavenly Father, the What the majority puts up against innocent civilians. The men had been one who gives grace to all people, we this vote is a poll slanted with words to executed by the police, often in front of exalt Your name and implore Your try to defeat what the people said at their wives and their children. righteousness. Thank You for this day the polls. Why is the majority picking Although this news has come as quite and this particular time in history. on D.C.? If they are for vouchers, why a shock to most of the world, we should You have blessed this Nation and we not bring a bill to the floor to have an have all seen it coming. For 9 years trust that You will continue to do so. up or down vote for everybody for Serbia has repressed and harassed the May You draw together this great vouchers? What are they afraid of? people of Kosova and dozens have died. country of many cultures under the Why do they go for the smallest, least But within the past 10 days this cam- banner of love. powerful district in America? We are paign of terror has escalated into full- We thank You for these lawmakers not the only district, I have to tell my scale violence. Seventy-seven have died that have dedicated their lives to the colleagues, that has poor public and scores more have been beaten and service of this great Nation. May You schools. jailed and harassed. continue to give each one of us I think it just may be because so We must say strongly and forcefully strength and the fortitude to make many States have turned down vouch- that this repression and this violence choices according to Your divine will. H918 CONGRESSIONAL RECORD — HOUSE March 10, 1998 May we walk in love, humility, So it is a particular pleasure to have Beam me up, Mr. Speaker. No Amer- gentleness, patience and peace, which him address this body this day. I thank ican should fear their government, and are the attributes that the Apostle the majority leader for arranging it. I let me say this to Congress. There can Paul described as worthy of our voca- thank Pastor Tom for all of the many, be no true substantive reform of the In- tion or calling. By faith, we receive many years that he has served our ternal Revenue Service without shift- these blessings and glorify You. community and our country. Thank ing the burden of proof to the govern- In the name of Jesus Christ our Lord. you, Tom. ment in a civil tax case. We know it, Amen. f the IRS knows it, I know it, and by God, the American people know it, and f U.S.-LAOS BILATERAL RELATIONS the American people demand it. JOURNAL JEOPARDIZED BY RELIGIOUS f The SPEAKER. The Chair has exam- PERSECUTION ined the Journal of the last day’s pro- (Mr. BEREUTER asked and was GOVERNMENT THAT GOVERNS ceedings and announces to the House given permission to address the House LEAST GOVERNS BEST his approval thereof. for 1 minute and to revise and extend (Mr. GIBBONS asked and was given Pursuant to clause 1, rule I, the Jour- his remarks.) permission to address the House for 1 nal stands approved. Mr. BEREUTER. Mr. Speaker, this minute and to revise and extend his re- Mr. GIBBONS. Mr. Speaker, pursuant Member comes before the body to alert marks.) to clause 1, rule I, I demand a vote on his colleagues to a troubling situation Mr. GIBBONS. Mr. Speaker, everyone agreeing to the Chair’s approval of the in the Southeast Asian country of outside of the bloated Federal bureauc- Journal. Laos. While the Laotian Constitution racy knows that government that gov- The SPEAKER. The question is on guarantees religious freedom for its erns least governs best. the Chair’s approval of the Journal. citizens, in reality the government re- Never was this more apparent than The question was taken; and the stricts freedom of religion, especially on Friday when California reached a Speaker announced that the ayes ap- for Christian denominations. Recently, historic agreement with local Indians peared to have it. 40 Laos citizens and 5 foreigners, 3 of regarding Indian gaming in California. Mr. GIBBONS. Mr. Speaker, I object whom were Americans, were arrested In fact, the tribal chairman there is to the vote on the ground that a and imprisoned. The official reason quoted as saying ‘‘a turning point in quorum is not present and make the given for their arrest was ‘‘illegal as- tribal-state relations’’ has been point of order that a quorum is not sembly;’’ however, the real cause was reached. present. related to their practice of the Chris- The real significance of this agree- The SPEAKER. Pursuant to clause 5 tian faith. ment, however, lies more in its origin of rule I, further proceedings on this The record of Laos in this regard is than in its content. Despite numerous question are postponed. troubling. According to the State De- attempts by Secretary Babbitt to back- The point of no quorum is considered partment’s Country Reports on Human door his way into negotiations and the withdrawn. Rights for 1997, the Lao government approval process, California has rightly f has harassed, arrested and jailed clergy asserted its sovereign status and juris- members. Members of the Lao Chris- diction. This compromise between Cali- PLEDGE OF ALLEGIANCE tian community are often looked upon fornia and sovereign Indian nations is The SPEAKER pro tempore. Will the with distrust by their government as proof that Federal intervention was gentlewoman from the District of Co- having connections to ‘‘foreign influ- not necessary, nor would it have been lumbia (Ms. NORTON) come forward and ences.’’ There are also unconfirmed re- appropriate in this issue. California lead the House in the Pledge of Alle- ports that Christians have been barred correctly and repeatedly told the Inte- giance. from joining the Lao People’s Revolu- rior Department to butt out, that they Ms. NORTON led the Pledge of Alle- tionary Party or from securing govern- do not need to be told by the Federal giance as follows: ment employment. Government what is best for their I pledge allegiance to the Flag of the As chairman of the Subcommittee on State. Now we have proof. The Tenth United States of America, and to the Repub- Asia and the Pacific, this Member sin- Amendment works. lic for which it stands, one nation under God, cerely hopes that the United States I urge my colleagues to cosponsor indivisible, with liberty and justice for all. and Laos can develop warm and cordial H.R. 3094, a bill which will ensure that f relations. The potential is there. How- no State must sit back while the Fed- ever, Mr. Speaker, this Member, eral Government tramples the Con- TRIBUTE TO REVEREND THOMAS through this forum, now urges the gov- stitution and blatantly disregards their F. GULBRONSON ernment of Laos to stop the growing sovereignty. Mr. MORAN of Virginia. Mr. Speak- trend of religious persecution within f er, I do not know when it was that Pas- their borders. IN HONOR OF WOMEN’S HISTORY tor Tom Gulbronson realized what a f gift from God and a calling for God MONTH that he had. It may have been when he NO FEAR OF GOVERNMENT FOR (Ms. DEGETTE asked and was given was serving in the United States Air AMERICANS permission to address the House for 1 Force. I do know that since serving his (Mr. TRAFICANT asked and was minute and to revise and extend her re- country in the Air Force, Pastor Tom given permission to address the House marks.) has been a pastor for 40 years. In fact, for 1 minute and to revise and extend Ms. DEGETTE. Mr. Speaker, I rise 20 of those years he has been Pastor at his remarks.) today in honor of women’s history the First Assembly of God Church in Mr. TRAFICANT. Mr. Speaker, the month to recognize the achievements Alexandria, Virginia. IRS says, do not change the law. Tax- of business women in my community Now, during that period of time he payers should remain guilty in a civil and across the country. In my State of has gotten all kinds of awards, and I tax case. Unbelievable. Colorado, women have had a dramatic could list all of them, and he has spo- Let me remind Members of the recent impact on the economy. There are over ken on the 700 Club and he has become testimony of an IRS employee before 160,000 women-owned businesses in my nationally known, both for his sermons the other body about IRS reform. She State, which account for 40 percent of and his books and his leadership. But demanded that she be behind a screen all firms in Colorado. Women employ we know him because he is a dynamic to hide her identity and she said she over 350,000 people in Colorado and figure in our community. People gath- must have a voice scrambler to dis- were responsible for generating $39 bil- er together under his leadership and guise her voice. I want to quote what lion in sales in 1996. are inspired by his commitment to God she said, Mr. Speaker. ‘‘I am afraid. I While many of the businesses owned and to the principles that he has dedi- am afraid of retaliation by the Internal by Colorado women are traditional, cated his life to. Revenue Service’’ that she worked for. such as service and retail, the greatest March 10, 1998 CONGRESSIONAL RECORD — HOUSE H919 increase in women-owned firms has leaders in our caucus, the gentlewoman SURPLUS? WHAT SURPLUS? been in industries like transportation, from California (Ms. MILLENDER- WATCH THE DEBT MOUNT communications, construction, and MCDONALD) and the gentlewoman from (Mr. BARTLETT of Maryland asked mining. Women are making significant New York (Ms. KELLY) for their leader- and was given permission to address contributions to the economy in Colo- ship on women-owned business issues. the House for 1 minute and to revise rado and across the country. I am They have introduced House Resolu- and extend his remarks.) pleased to recognize not only the ad- tion 313, which I invite all Members to Mr. BARTLETT of Maryland. Mr. vancements made by women in busi- sign on. The Federal Government has a Speaker, for the first time since 1969, 29 ness, but also the vital role they play goal of 5 percent women-owned busi- years ago, the Federal Government is as employers and investors in today’s nesses. We are only at 2 percent. supposed to balance its budget and economy. f have a surplus. But will we really? Despite challenges and initial set- TIME FOR TAX REFORM Here is a lesson in government ac- backs, women-owned businesses are at counting. the forefront of many new and innova- (Mr. JONES asked and was given per- In 1998, the Congressional Budget Of- tive ideas. mission to address the House for 1 fice, CBO, projects there will be a sur- f minute and to revise and extend his re- plus of $8 billion, and the national debt marks.) will be $5.5 trillion. Remember, the na- WE MUST WIN THE WAR AGAINST Mr. JONES. Mr. Speaker, today the DRUGS tional debt is the total from accumu- average American will work 2 hours lated deficits and interest payments. (Mr. SAM JOHNSON of Texas asked and 49 minutes of an 8-hour work day In 2002, after 5 years of balanced and was given permission to address just to pay his or her taxes. Many of budgets, CBO projects the surplus will the House for 1 minute and to revise them will go home not to spend quality be $67 billion, and the national debt and extend his remarks.) time with their families, but to tackle will be $6.4 trillion. Let me repeat, the Mr. SAM JOHNSON of Texas. Mr. a complicated maze of IRS rules and national debt in 1998 will be $5.5 tril- Speaker, heroin has claimed another forms simply so they can figure out lion; after years of surpluses, the na- young life in my hometown of Plano, how much of their hard-earned money tional debt in 2002 will be $6.4 trillion. Texas. A total of 13 young people have they will send to Washington this year. What is wrong with this picture? How died from heroin there within the past Mr. Speaker, this is not what Amer- can the government say the Federal year. ica should be about. The tax burden of budget will be in surplus at the same The local police are doing their very this country is far too high, both in the time that the national debt will in- best to stop drugs in our schools, but size of the checks that taxpayers must crease by nearly $1 trillion? It is easy, they are being stretched beyond their write to the IRS each year and in the if we do not count billions spent every limits. They need our help now. amount of time and money: 5 billion year from government trust funds like I have been working with members of hours and $225 billion annually they Social Security. the North Texas delegation to have the must spend complying with the Clearly there is no surplus. If the Dallas-Fort Worth area designated as a lengthy and complicated Tax Code. debt continues to go up, the budget is HIDTA, a High Intensity Drug Traf- b 1415 really not balanced, now is it? ficking Area, but this administration f has been dragging its feet. This is a The American people want, need and real war, and we need the resources and deserve a fairer, simpler tax system. I JUDGE KENNETH STARR armor of our Federal law enforcement hope my colleagues in this Congress (Mr. WELDON of Florida asked and agencies to stop drug flow now. I urge will join a bipartisan effort to provide was given permission to address the General McCaffrey to approve the them with the very critical tax relief House for 1 minute and to revise and HIDTA designation as soon as possible. they deserve. extend his remarks.) Speaker GINGRICH said just yesterday f Mr. WELDON of Florida. Mr. Speak- our first goal ought to be to win the er, what is happening right now to DUE PROCESS war against drugs. We must win this Judge Kenneth Starr is absolutely dis- war. The survival of our children de- (Mr. PITTS asked and was given per- graceful. The amazing thing about it is pends on it. mission to address the House for 1 that the smear campaign directed at f minute and to revise and extend his re- Judge Starr is happening right before marks.) our eyes. Attorney General Janet INTERNATIONAL WOMEN’S DAY Mr. PITTS. Mr. Speaker, I try to Reno, the Attorney General of the (Ms. NORTON asked and was given watch the network news every day. I United States, not some right-wing permission to address the House for 1 watch some of the political talk shows partisan, appointed Judge Starr to in- minute and to revise and extend her re- that cover the strange world of Wash- vestigate the allegations of perjury and marks.) ington, D.C. I keep waiting to see some obstruction of justice. Ms. NORTON. Mr. Speaker, I choose discussion of 18 U.S. Code, section 1503. Judge Starr was appointed by Attor- today, International Women’s Day, to Most people are not lawyers, but ney General Janet Reno because he had call to the attention of this body that there are a lot of lawyers out there, in- a track record of distinguished and women business owners are proving to cluding a lot of journalists, who know honorable service and because he had a be a major factor in the most robust perfectly well what 18 U.S. Code, sec- record of integrity, honesty and fair- economy since World War II. Women tion 1503 means. It is a criminal stat- ness. If Judge Starr has acted improp- business owners are showing remark- ute that absolutely prohibits govern- erly in any manner, Attorney General able staying power. Three-quarters of ment employees from interfering in a Janet Reno should remove him imme- the women businesses that were in ex- Federal investigation. Government em- diately as Independent Counsel. If istence in 1991 are still in existence, ployees may not attempt to influence, Judge Starr has shown himself to be compared to the overall American av- obstruct or impede a Federal investiga- conducting his investigation in an un- erage of two-thirds of all firms. tor. fair, partisan manner, the Attorney What does this signify? What does it This is not a controversial law. It is General must act immediately to re- tell us about women? What we have al- obvious that one may not impede or place him. But if Judge Starr has done ready known: that the stability and interfere in any way with a Federal in- nothing wrong or improper, Attorney hard work for which women have been vestigation. Mafia dons may try it, but General Janet Reno should make a known in the home, they are bringing a person conducting a smear campaign statement demanding that friends of now not only to the workplace but to to intimidate or discredit judicial offi- the White House stop interfering with owning businesses themselves. cials is in violation of the law. It is not his investigation and stop the cam- The bipartisan Women’s Caucus has even a debatable issue. paign to destroy him. put special emphasis on women-owned Due process must proceed without in- All Federal prosecutors must be free business. I salute the bipartisan team terference immediately, period. of outside interference. H920 CONGRESSIONAL RECORD — HOUSE March 10, 1998 RECESS The Chair recognizes the gentleman I want to underscore the fact that The SPEAKER pro tempore (Mr. from California (Mr. THOMAS). when we began this commemorative, it Mr. THOMAS. Mr. Speaker, I yield was before the opening of the Holo- PEASE). Pursuant to clause 12 of rule I, the Chair declares the House in recess myself such time as I may consume. caust Museum, and that it tended to until approximately 4:20 p.m. today. Mr. Speaker, the concurrent resolu- appear to be an annual event. One of the nicer aspects of the Holocaust Mu- Accordingly (at 2 o’clock and 20 min- tion that we have before us is a re- seum as one of the key places to visit utes p.m.), the House stood in recess newal of what has become an annual in the Capital today is that it is an on- until approximately 4:20 p.m. and a moving event. House Concurrent Resolution 206 permits the use of the going remembrance, because clearly we f rotunda in the Capitol for a ceremony do not want to just commemorate what b 1621 as part of the commemoration of the occurred; we want to remember to make sure that it does not happen AFTER RECESS days of remembrance of victims of the Holocaust. The two names most associ- again. The recess having expired, the House ated with requesting this event Mr. GILMAN. Mr. Speaker, I rise in support was called to order by the Speaker pro through the House of Representatives of H. Con. Res. 206, sponsored by our distin- tempore (Mr. SHIMKUS) at 4 o’clock and are the gentleman from Illinois (Mr. guished colleague from Illinois, Mr. YATES, and 21 minutes p.m. YATES) and the gentleman from New wish to also commend the Chairman of the f York (Mr. GILMAN). The sum and sub- House Committee on House Oversight, Mr. THOMAS, for the expeditious consideration of REMOVAL OF NAME OF MEMBER stance of this concurrent resolution is this bill. AS COSPONSOR OF H.R. 2495 to allow for the physical use of the Capitol rotunda to remember, quite ap- House Concurrent Resolution 206 will per- Mr. GEJDENSON. Mr. Speaker, I ask mit the use of our Congressional Rotunda for propriately at the seat of freedom, the unanimous consent to remove myself the annual ceremony to commemorate the victims of the Holocaust. as a cosponsor of H.R. 2495, the Higher Mr. Speaker, I reserve the balance of days of remembrance of victims of the Holo- caust. Education for the 21st Century Act. my time. The annual days of remembrance, spon- The SPEAKER pro tempore. Is there Mr. GEJDENSON. Mr. Speaker, I sored by the Holocaust Memorial Council of objection to the request of the gen- yield myself such time as I may con- which Mr. YATES and I are both congressional tleman from Connecticut? sume. Mr. Speaker, it is a small irony members, will be held on April 23, 1998. There was no objection. that I am here today as the ranking f This important commemorative program al- Democrat on this committee. Both my lows Congress and the Nation to observe the ANNOUNCEMENT BY THE SPEAKER parents survived the Holocaust in Eu- days of remembrance for victims of the Holo- PRO TEMPORE rope. My father’s village was liq- caust, to pay tribute to the American liberators uidated. Certainly after Pearl Harbor, The SPEAKER pro tempore. Pursu- of the concentration camp's survivors, and by my mother was lucky enough to flee ant to the provisions of clause 5 of rule commemorating this enormous tragedy, ensur- her homeland and was saved in much of I, the Chair announces that he will ing that it will never happen again anywhere in the war in Kazakhstan and other deep postpone further proceedings today on the world. parts of Russia. each motion to suspend the rules on Accordingly, Mr. Speaker, I am pleased to It is, for me, a particularly impor- which a recorded vote or the yeas and join in urging adoption of this resolution. tant statement to make to the world Mr. THOMAS. Mr. Speaker, I yield nays are ordered, or on which the vote not simply to remember the cruelty back the balance of my time. is objected to under clause 4 of rule that occurred, but also to recognize the The SPEAKER pro tempore. The XV. incredible courage of those who sur- question is on the motion offered by Such rollcall votes, if postponed, will vived, who shortly after these dark the gentleman from California (Mr. be taken after debate has concluded on days, went out, formed families, moved THOMAS) that the House suspend the all motions to suspend the rules but their families. Many of them came to rules and agree to the concurrent reso- not before 5 p.m. today. the United States to create new lives lution, House Concurrent Resolution f and meet new challenges. 206. PERMITTING USE OF ROTUNDA But it would not be enough if we sim- The question was taken. FOR CEREMONY IN COMMEMORA- ply have this historic event just to re- Mr. THOMAS. Mr. Speaker, on that I TION OF DAYS OF REMEM- member, because we all need to learn a demand the yeas and nays. The yeas and nays were ordered. BRANCE OF VICTIMS OF THE lesson where hatred and bigotry and The SPEAKER pro tempore. Pursu- HOLOCAUST prejudice existed. Hitler had many vic- tims, not just the Jews; gays, gypsies ant to clause 5 of rule I and the Chair’s Mr. THOMAS. Mr. Speaker, I move to and others were also victims of Hitler’s prior announcement, further proceed- suspend the rules and agree to the con- torture, terror and death. ings on this motion will be postponed. current resolution (H. Con. Res. 206) I would hope, as we continue this tra- f permitting the use of the rotunda of dition, we also continue to remember the Capitol for a ceremony as part of GENERAL LEAVE that hatred is not dead among us the commemoration of the days of re- Mr. THOMAS. Mr. Speaker, I ask today, and we need to continue that membrance of victims of the Holo- unanimous consent that all Members fight. may have 5 legislative days within caust. Mr. Speaker, I commend the gen- The Clerk read as follows: which to revise and extend their re- tleman from California for his efforts marks and include extraneous material H. CON. RES. 206 here today. Resolved by the House of Representatives (the on the concurrent resolution just con- Mr. Speaker, I yield back the balance sidered. Senate concurring), That the rotunda of the of my time. Capitol is authorized to be used from 8 The SPEAKER pro tempore. Is there Mr. THOMAS. Mr. Speaker, I yield objection to the request of the gen- o’clock ante meridian until 3 o’clock post myself such time as I may consume. meridian on April 23, 1998, for a ceremony as tleman from California? part of the commemoration of the days of re- Mr. Speaker, I want to commend the There was no objection. membrance of victims of the Holocaust. gentleman from Connecticut because f Physical preparations for the ceremony shall what he has done is pointed out the be carried out in accordance with such condi- fact that although a number of people BIRTH DEFECTS PREVENTION ACT tions as the Architect of the Capitol may believe this to have been a historical OF 1997 prescribe. event with no real relevance to the Mr. BILIRAKIS. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- present, the clear indication that there to suspend the rules and pass the Sen- ant to the rule, the gentleman from are people who are living who actually ate bill (S. 419) to provide surveillance, California (Mr. THOMAS) and the gen- have this as a portion of their lives research, and services aimed at preven- tleman from Connecticut (Mr. GEJDEN- brings home how close it is to a num- tion of birth defects, and for other pur- SON) each will control 20 minutes. ber of Americans. poses. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H921 The Clerk read as follows: the general public information on birth de- Mr. BILIRAKIS. Mr. Speaker, I yield S. 419 fects, including the prevention of such de- myself such time as I may consume. fects. Be it enacted by the Senate and House of Rep- (Mr. BILIRAKIS asked and was given ‘‘(c) GRANTS AND CONTRACTS.— resentatives of the United States of America in permission to revise and extend his re- ‘‘(1) IN GENERAL.—In carrying out sub- Congress assembled, section (a), the Secretary may make grants marks.) SECTION 1. SHORT TITLE; FINDINGS. to and enter into contracts with public and Mr. BILIRAKIS. Mr. Speaker, S. 419, (a) SHORT TITLE.—This Act may be cited as nonprofit private entities. introduced by Senator BOND of Mis- the ‘‘Birth Defects Prevention Act of 1997’’. ‘‘(2) SUPPLIES AND SERVICES IN LIEU OF souri, calls for a national strategy to (b) FINDINGS.—Congress makes the follow- AWARD FUNDS.— prevent birth defects. This legislation ing findings: ‘‘(A) Upon the request of a recipient of an has a history of bipartisan support (1) Birth defects are the leading cause of award of a grant or contract under paragraph with key provisions having passed both infant mortality, directly responsible for one (1), the Secretary may, subject to subpara- out of every five infant deaths. the House and Senate previously. graph (B), provide supplies, equipment, and It passed the Senate by voice vote on (2) Thousands of the 150,000 infants born services for the purpose of aiding the recipi- with a serious birth defect annually face a ent in carrying out the purposes for which June 12, 1997. The bill was cosponsored lifetime of chronic disability and illness. the award is made and, for such purposes, by 34 Senators, including both the ma- (3) Birth defects threaten the lives of in- may detail to the recipient any officer or jority leader, Senator LOTT, and the fants of all racial and ethnic backgrounds. employee of the Department of Health and minority leader, Senator DASCHLE. The However, some conditions pose excess risks Human Services. companion House bill, H.R. 1114, was for certain populations. For example, com- ‘‘(B) With respect to a request described in pared to all infants born in the United introduced by the gentleman from subparagraph (A), the Secretary shall reduce Texas (Mr. ORTIZ) and the gentleman States, Hispanic-American infants are more the amount of payments under the award in- from Texas (Mr. BONILLA) and has 162 likely to be born with anencephaly spina volved by an amount equal to the costs of de- bifida and other neural tube defects and Afri- tailing personnel and the fair market value cosponsors. can-American infants are more likely to be of any supplies, equipment, or services pro- The Birth Defects Prevention Act born with sickle-cell anemia. vided by the Secretary. The Secretary shall, was first introduced by the gentleman (4) Birth defects can be caused by exposure for the payment of expenses incurred in com- from Texas (Mr. ORTIZ) in 1992 in re- to environmental hazards, adverse health plying with such request, expend the sponse to a tragedy that occurred in conditions during pregnancy, or genetic amounts withheld. south Texas where a cluster of dev- mutations. Prevention efforts are slowed by ‘‘(3) APPLICATION FOR AWARD.—The Sec- lack of information about the number and astating birth defects escaped detec- retary may make an award of a grant or con- tion for several years. I want to par- causes of birth defects. Outbreaks of birth tract under paragraph (1) only if an applica- defects may go undetected because surveil- tion for the award is submitted to the Sec- ticularly, Mr. Speaker, commend the lance and research efforts are under- retary and the application is in such form, is gentleman from Texas (Mr. ORTIZ) for developed and poorly coordinated. made in such manner, and contains such his commitment to preventing birth (5) Public awareness strategies, such as agreements, assurances, and information as defects and for his leadership on this programs using folic acid vitamin supple- the Secretary determines to be necessary to legislation; and to best exemplify that ments to prevent spina bifida and alcohol carry out the purposes for which the award is commitment, I would share with my avoidance programs to prevent Fetal Alcohol to be made. Syndrome, are essential to prevent the colleagues the fact that when I called ‘‘(d) BIENNIAL REPORT.—Not later than him as a matter of courtesy with a heartache and costs associated with birth de- February 1 of fiscal year 1998 and of every fects. second such year thereafter, the Secretary plan to offer Senator BOND’s bill, rath- SEC. 2. PROGRAMS REGARDING BIRTH DEFECTS. shall submit to the Committee on Commerce er than his, because the Bond bill was Section 317C of the Public Health Service of the House of Representatives, and the already passed by the Senate unani- Act (42 U.S.C. 247b–4) is amended to read as Committee on Labor and Human Resources mously, he without hesitating said, follows: of the Senate, a report that, with respect to ‘‘Mike, I don’t care about credit. The ‘‘PROGRAMS REGARDING BIRTH DEFECTS the preceding 2 fiscal years— important thing is to get the bill ‘‘SEC. 317C. (a) IN GENERAL.—The Sec- ‘‘(1) contains information regarding the in- passed.’’ retary, acting through the Director of the cidence and prevalence of birth defects and Mr. Speaker, each year 150,000 infants Centers for Disease Control and Prevention, the extent to which birth defects have con- tributed to the incidence and prevalence of are born with serious birth defects ac- shall carry out programs— cording to the Centers for Disease Con- ‘‘(1) to collect, analyze, and make available infant mortality; data on birth defects (in a manner that fa- ‘‘(2) contains information under paragraph trol and Prevention. Many more chil- cilitates compliance with subsection (d)(2)), (1) that is specific to various racial and eth- dren are found to have such disorders including data on the causes of such defects nic groups (including Hispanics, non-His- later in life. According to the March of and on the incidence and prevalence of such panic whites, Blacks, Native Americans, and Dimes, birth defects have been the defects; Asian Americans); leading cause of infant mortality for ‘‘(2) to operate regional centers for the ‘‘(3) contains an assessment of the extent more than 20 years. Birth defects cause conduct of applied epidemiological research to which various approaches of preventing birth defects have been effective; one out of every 5 infant deaths and on the prevention of such defects; and they are responsible for about 30 per- ‘‘(3) to provide information and education ‘‘(4) describes the activities carried out to the public on the prevention of such de- under this section; and cent of all pediatric admissions to hos- fects. ‘‘(5) contains any recommendations of the pitals. Among the babies born with ‘‘(b) ADDITIONAL PROVISIONS REGARDING Secretary regarding this section. birth defects who survive, a large num- COLLECTION OF DATA.— ‘‘(e) APPLICABILITY OF PRIVACY LAWS.—The ber develop serious disabilities with ‘‘(1) IN GENERAL.—In carrying out sub- provisions of this section shall be subject to high emotional and social costs. section (a)(1), the Secretary— the requirements of section 552a of title 5, Families from all racial, ethnic and ‘‘(A) shall collect and analyze data by gen- United States Code. All Federal laws relat- economic groups share the risk of hav- ing to the privacy of information shall apply der and by racial and ethnic group, including ing a child with a serious birth defect. Hispanics, non-Hispanic whites, Blacks, Na- to the data and information that is collected tive Americans, Asian Americans, and Pa- under this section. S. 419 authorizes a national plan to pre- cific Islanders; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— vent birth defects. These efforts would ‘‘(B) shall collect data under subparagraph For the purpose of carrying out this section, be coordinated by the CDC as a part- (A) from birth certificates, death certifi- there are authorized to be appropriated nership between the Federal and State cates, hospital records, and such other $30,000,000 for fiscal year 1998, $40,000,000 for governments, as well as health and sources as the Secretary determines to be fiscal year 1999, and such sums as may be education groups involved in birth de- appropriate; and necessary for each of the fiscal years 2000 fects prevention. ‘‘(C) shall encourage States to establish or and 2001.’’. improve programs for the collection and The SPEAKER pro tempore. Pursu- b 1630 analysis of epidemiological data on birth de- ant to the rule, the gentleman from The strategy has three components: fects, and to make the data available. Florida (Mr. BILIRAKIS) and the gen- surveillance, research, and prevention. ‘‘(2) NATIONAL CLEARINGHOUSE.—In carrying out subsection (a)(1), the Secretary shall es- tleman from Ohio (Mr. BROWN) each First, surveillance is necessary to tablish and maintain a National Information will control 20 minutes. track the incidents of birth defects and Clearinghouse on Birth Defects to collect The Chair recognizes the gentleman identify communities and populations and disseminate to health professionals and from Florida (Mr. BILIRAKIS). at higher risk. Currently, 31 States H922 CONGRESSIONAL RECORD — HOUSE March 10, 1998 have some surveillance program. In my health and medical care systems. Pre- RAKIS) and the gentleman from Michi- own State of Florida, a surveillance venting those defects will reduce costs gan (Mr. DINGELL) in bringing legisla- system was approved and funded in 1997 for medical care and other services for tion to the floor today to address this and will become operational in 1998. affected families and society. serious public health problem. According to the Florida Department S. 419 is supported by many groups I would also like to say a special of Health, 21 percent of infant deaths in representing families of children with thanks to the gentleman from Texas Florida are related to birth defects. birth defects, researchers working to (Mr. ORTIZ) who has worked so hard on Florida’s Secretary of Health, Dr. find the causes, and health officials this issue. He has dedicated many James T. Howell, has expressed strong trying to prevent birth defects. Pas- years to passing legislation to provide support for the measure under consid- sage of the bill is also the top Federal CDC with the tools to reduce the num- eration today. legislative priority of the March of ber of children born with birth defects S. 419 directs the CDC to carry out Dimes. This organization’s mission is and reduce the economic costs associ- through the States a program to col- to prevent birth defects and infant ated with this national tragedy. The lect, analyze and report statistics on mortality. The March of Dimes has 99 gentleman from Texas has been a tire- birth defects. Over the past several chapters around the country and 3 mil- less champion in the fight against years the CDC has received additional lion volunteers. birth defects, and without him and his Federal support to provide this tech- Last September over 500 March of efforts, we probably would not be here nical assistance and to fund coopera- Dimes volunteers and staff came to today considering this bill. tive agreements to help States estab- Capitol Hill to urge passage of the bill. Many birth defects are preventable, lish or improve the State-based sur- I was impressed by the commitment of and with integrated systems in place to veillance programs. Additional funds the volunteers from my district, John help health care providers evaluate were included in the fiscal year 1998 and Suzie Haden and their daughter, needs and deliver services and imple- budget which will provide assistance to Lindsey, who live at Palm Harbor, ment effective prevention strategies, additional States this year. Florida. we can win the fight against birth de- The second component of the bill re- Mr. Speaker, 1998 marks the 60th an- fects. Just as we have eradicated life lates to CDC research activities. The niversary of the March of Dimes and I threatening and crippling diseases like causes of 75 to 80 percent of birth de- believe that passage of this bill is a fit- smallpox and polio, we can similarly fects and developmental disabilities ting way to commemorate this impor- win the battle against birth defects. I are unknown. Until the causes are tant anniversary. Passage of S. 419 urge my colleagues to support this leg- known, prevention strategies cannot be today will underscore this Congress’s islation which will ensure that millions developed. S. 419 authorizes at least 5 strong commitment to the most vul- of children have an opportunity to regional centers to conduct and apply nerable in our society, our children, grow up healthy and strong, free of de- epidemiological research on the pre- and particularly those with special bilitating and life-threatening birth de- vention of birth defects. health care needs. fects. As of October 1, 1997, 8 centers for Again, Mr. Speaker, I thank my col- Mr. Speaker, I reserve the balance of my time. birth defects research and prevention leagues, the gentleman from Texas Mr. BILIRAKIS. Mr. Speaker, I yield are already in operation, and these are (Mr. ORTIZ) and the gentleman from 1 minute to the gentleman from Mis- located in Massachusetts, Iowa, Cali- Texas (Mr. BONILLA), for their leader- souri (Mr. BLUNT). fornia, New York, Texas, Arkansas, ship in sponsoring this legislation. And Mr. BLUNT. Mr. Speaker, I want to New Jersey and Georgia. These centers I certainly thank the gentleman from encourage my colleagues to support contribute cases into an ongoing col- Michigan (Mr. DINGELL) and the gen- this legislation. I certainly want to laborative study to determine causes of tleman from Ohio (Mr. BROWN) for thank Senator BOND for the leadership birth defects. The National Birth De- their willingness to basically waive the role he has played in the Senate, and fect Prevention Study is one of the rules and bring this to the floor, and I the gentleman from Texas (Mr. ORTIZ) largest case control studies of birth de- urge all of my colleagues to support here in the House for addressing this fects ever conducted, Mr. Speaker. The passage of S. 419. problem that is really the number one study also provides a mechanism for Mr. Speaker, I reserve the balance of cause of infant death. collaboration among the most promi- my time. As the gentleman from Florida (Mr. nent national researchers into the Mr. BROWN of Ohio. Mr. Speaker, I BILIRAKIS) has already said, 150,000 causes of birth defects. yield myself such time as I may con- births every year are affected with se- In addition, each center will expand sume. rious birth defects, but about 3 percent and approve their State birth defects Mr. Speaker, 150,000 children in the of all births have birth defects. Three surveillance systems and will conduct United States are born each year with out of 100 families with new babies deal additional studies of potential genetic a serious birth defect. Depending on with birth defects. and environmental causes of birth de- the severity of the defect, many of This bill will put a system in place fects. The research conducted by these these children die at a young age. Al- where we can begin for the first time to centers will dramatically increase our most 1 out of every 5 infant deaths can collect and share that information. It understanding of the causes of birth de- be attributed to birth defects, accord- also puts a system in place where for fects and will provide information for ing to recent data from the National the first time we can begin on a project developing effective programs to pre- Center for Health Statistics. Those basis to look and see if we cannot solve vent the tragedy of birth defects. who grow up to be adults oftentimes these specific problems that lead to Finally, prevention activities also in- develop serious mental, emotional and these results, and eliminate this prob- clude professional and public education physical disabilities. lem. about birth defects as called for in the Compounding these human costs are This is an incredible challenge, not bill. The CDC has helped to establish a the staggering financial burdens facing only important to the families and in- new organization called the National the families whose children suffer from dividuals involved, but it is a challenge Birth Defects Prevention Network. birth defects. in our society that we should not let This network provides technical assist- Fortunately, there are reasons to continue to be a challenge for our soci- ance to States in the development and hope that the future is brighter for in- ety. We can solve it. This bill does implementation of programs, publishes dividuals suffering from birth defects solve it. I urge my colleagues to sup- a newsletter, conducts special projects, and that we will ultimately be success- port this legislation. and holds workshops for members. The ful in our efforts to prevent more in- Mr. BROWN of Ohio. Mr. Speaker, I network will play a major role in im- fants from suffering from these hor- yield 8 minutes to the gentleman from proving the quality of data collected rible illnesses in the future. Texas (Mr. ORTIZ). about birth defects. As the ranking Democrat on the Sub- Mr. ORTIZ. Mr. Speaker, I thank the The goal of birth defects surveillance committee on Health of the Committee gentleman for yielding me this time. and research is to develop intervention on Commerce, I am pleased to join the I am extremely pleased to see this strategies to integrate into our public gentleman from Florida (Mr. BILI- legislation come to the floor of the March 10, 1998 CONGRESSIONAL RECORD — HOUSE H923 House. This has been a bipartisan ef- Some of my constituents, Mr. Speak- the good Lord and say many prayers fort from the very, very beginning. er, wrote to me raising a concern about for that wonderful blessing. Mr. Speaker, there are many people whether the Birth Defects Prevention But some people are not so fortunate. to whom this effort means so much, Act will impose a burden on their reli- In fact, the district that I represent in and I want to thank them. They in- gious practices. It is not my intent southern Missouri is home to the high- clude the gentleman from Florida (Mr. that this bill detrimentally affect reli- est rate of birth defects in the State. BILIRAKIS), the subcommittee chair- gious practices or religious freedom. Scientists cannot yet tell us what man, the gentleman from Ohio (Mr. Let me ask a question. Nothing in causes all birth defects, but we know BROWN), the ranking member of the this act is designed to preempt existing from the brilliance of modern science subcommittee, and their staffs; along State religious accommodation laws that many birth defects can be pre- with Committee on Commerce chair- which allow those with religious objec- vented. man, the gentleman from Virginia (Mr. tions to decline to have personal health The March of Dimes, which is leading BLILEY), and the gentleman from information about themselves, or their America’s battle against this national Michigan (Mr. DINGELL), the ranking minor children, included in birth de- tragedy, informs us that if American member, and their staffs; the March of fects information collection, analysis women consumed just 400 milligrams of Dimes, for their undying support; Sen- and reporting; is that correct? the B vitamin folic acid each day, 50 to ator CHRISTOPHER BOND, who moved Mr. BILIRAKIS. Mr. Speaker, will 75 percent of all cases of spina bifida the companion legislation in the Sen- the gentleman yield? and anencephaly would be prevented. ate; and my colleague from Texas, (Mr. Mr. ORTIZ. I yield to the gentleman The discovery that the use of this sim- BONILLA), who as lead cosponsor of this from Florida. ple, widely available vitamin is proven bill worked hard to push this legisla- Mr. BILIRAKIS. Mr. Speaker, the in the prevention of neural tube defects tion. Lastly, I would like to thank all gentleman from Texas is very certainly is one of most exciting medical find- of the 163 cosponsors who have joined correct. States have historically pro- ings of the last part of this century. to champion the cause of reducing the vided accommodations in their laws for According to Dr. Godfrey Oakley, di- rate of birth defects in our country. individuals whose religious beliefs and rector of the Centers for Disease Con- This legislation was first introduced practices would be burdened by certain trol’s Division of Birth Defects and De- in 1992, in response to the tragedy that governmental programs. This act does velopmental Disabilities, ‘‘Not since occurred in part of my district of Cam- not preempt those existing State reli- the rubella vaccine became available 30 eron County, Texas, where a cluster of gious accommodation laws. Moreover, years ago have we had a comparable devastating birth defects escaped de- this bill does not limit a State’s au- opportunity for primary prevention of tection for several years. In March of thority to enact religious accommoda- such common and serious birth de- 1991, a nurse helped deliver 2 babies in tion laws in the future. fects.’’ a 36-hour period. Both babies had Mr. ORTIZ. Mr. Speaker, I thank the Mr. Speaker, I am especially excited anencephaly, a lethal birth defect in gentleman and the ranking member for about the outreach efforts called for which the baby either has only a par- their support because without that under this bill. I know from my own tial brain or is born with no brain at help, this would not be on the House experience that expectant mothers all. This pattern triggered this very floor today, and I thank my colleagues need all of the information they can competent nurse to review recent hos- for their support. get about what it takes to raise a pital birth records where she found a Mr. BILIRAKIS. Mr. Speaker, I yield healthy child. The strategy called for pattern of six babies born with myself such time as I may consume to under this bill to track regional anencephaly in the previous month. incidences of birth defects also will These incidents caused unbelievable say that the gentleman from Texas help public health officials identify op- anguish and misery in my south Texas (Mr. ORTIZ) has thanked me and others, portunities to prevent future occur- community. However, I want my col- but all of us as well as the little chil- rences of birth defects. leagues to understand that dren out there should be grateful to In closing, I want to thank the gen- anencephaly and other birth defects him, because he has worked awfully tlemen from Texas (Mr. ORTIZ) and are not only prevalent in south Texas hard on this particular issue. The only (Mr. BONILLA) for taking an early lead but all over the United States. I was reason we brought up Senator BOND’s here in the House by sponsoring the told that there are no means to detect bill is because it has already been Birth Defects Prevention Act. I also such birth clusters around our Nation, taken care of in the Senate and it so I introduced this bill to establish a would just expedite the process. want to extend my great appreciation surveillance system. Mr. Speaker, I yield 5 minutes to the to the gentleman from Florida (Mr. This bill creates regional birth de- gentlewoman from Missouri (Mrs. BILIRAKIS), the gentleman from Vir- fects centers to study the information EMERSON). ginia (Mr. BLILEY) and the gentleman about birth defects. It creates a clear- Mrs. EMERSON. Mr. Speaker, there from Michigan (Mr. DINGELL) for their inghouse for the Centers for Disease is nothing in the world that can pos- efforts to pass this bill, as well as the Control so information on birth defects sibly console a family when they learn gentleman from Ohio (Mr. BROWN). is centralized. Families all over the that their newborn child has been vic- Certainly, not the least, my State’s Nation, from all racial, ethnic and eco- timized by a preventable birth defect. senior Senator, KIT BOND, who is sit- nomic groups, share the risk of having Sometimes there is nothing in our uni- ting with me here in the House Cham- a child with a birth defect. verse of knowledge that can explain to ber right now, seized the initiative by Birth defects are preventable. This proud new parents why their child has writing this bill and guiding it through bill will provide an important first step been born with a debilitating condition the other body by a firm unanimous in helping our country’s next genera- that he or she will carry for the rest of vote. He has been a true leader in this tion to be healthy and active members their life. Still worse, because birth de- endeavor to help promote the public of our communities. fects are the leading cause of infant health by taking common-sense steps Birth defects research is a wise in- mortality, that debilitating condition to prevent birth defects. vestment. The children and the fami- will often lead to tragic death. We can Mr. Speaker, I want to encourage all lies of Cameron County sounded this and must take prudent actions to re- of my colleagues to join in supporting alarm, and I am proud that today Con- spond to this public health tragedy, the Birth Defects Prevention Act. With gress answers the call for investiga- which is why this bill before us today, Mother’s Day fast approaching, I can tion. Nothing is more important than the Birth Defects Prevention Act, is of think of few better responsive actions our kids. such importance. we can take to help promote the health Mr. Speaker, at this time I would of America’s children. b like to engage the distinguished gen- 1530 Mr. BROWN of Ohio. Mr. Speaker, I tleman from Florida (Mr. BILIRAKIS), As a mother, I can tell my colleagues reserve the balance of my time. the chairman of the Subcommittee on that Bill and I were blessed with happy Mr. DINGELL. Mr. Speaker, I do not want to Health and the Environment, in a col- and healthy children. There is not a take up too much of this body's valuable time loquy for a few moments, if I may. day that goes by that I do not thank so I will be brief. H924 CONGRESSIONAL RECORD — HOUSE March 10, 1998 I am pleased to join my distinguished col- In closing, Mr. Speaker, I would like to note lish universities; encourage by premiums and leagues Mr. BILIRAKIS, Mr. BROWN, and par- that this bill is strongly supported by the March provisions, the advancement of useful knowl- ticularly Mr. ORTIZ, in support of the enactment of Dimes Birth Defects Foundation, which has edge; and opening and establishing canals. of S. 419, the Birth Defects Prevention Act. worked very hard on this critical issue. I hope Each notion was introduced during the con- This important public health measure should all my colleagues will join me in adding our vention and voted down or died in committee. provide significant dividends by reducing pre- support to it, as well. Jefferson, in one of his most famous re- ventable birth defects. I am disappointed to Mr. PAUL. Mr. Speaker, I rise in opposition marks, when addressing the issue of whether think how much more good this bill would to S. 419, yet another circumvention of the to grant a federal charter to a mining busi- have done had it been enacted when first pro- enumerated powers clause and tenth amend- ness, recognized below the slippery slope of a posed by my good friend and distinguished ment by this 105th Congress in its continued lax interpretation of the ``necessary and prop- colleague, Mr. ORTIZ. He should take justifi- obliteration of what remains of our national er'' clause: able pride in his work on this bill. government of limited powers. Congress are [sic] authorized to defend the Thousands of healthy babies will be born in For most of the past thirty years, I have nation. Ships are necessary for defense, cop- the future whose lives would have been far worked as physician specializing in obstetrics. per is necessary for ships; mines, necessary different if not for my colleague's efforts. When In so doing, I delivered more than 4,000 in- for copper; a company necessary to work the these babies grow up they will not know to fants. Despite what I believe to be a some- mines; and who can doubt this reasoning who thank him, nor should they. Such is the nature what unique insight on the topic of birth defect has ever played at ‘‘This is the House that sometimes of the work we do here. Jack Built’’? under such a process of fili- prevention, today, I address the house as a ation of the necessities the sweeping clause Although a regrettable situation in Texas in- Congressman rather than as a physician. makes clean work. [1 c. Warren, The Su- volving children born with spina bifida dem- As a Congressman, I have repeatedly come preme Court United States History 501 (Rev. onstrated the need for this legislation, the Birth to the house floor to denounce the further ex- ed. 1926] Defects Prevention Act will have powerful and pansion of the federal government into areas Cleary, while engaging in such congres- positive benefits everywhere in America. The ranging from ``toilet-tank-size mandates'' to sional activism makes ``clean work,'' it also heart wrenching statistics on birth defects ``public housing pet size;'' areas, that is, where makes for an oppressive national government have been vividly set forth by my colleague, no enumerated power exists and the tenth involved in every aspect of its citizens' lives. Mr. ORTIZ, and by my other colleagues who amendment reserves to state governments Remember that in engaging in such activism, have spoken in favor of this bill. The collection and private citizens the exclusive jurisdiction the next liberty upon which the Congress in- of surveillance data and epidemiological re- over such matters. My visits to the floor have fringes, may be your own. search to study the incidence of birth defects not gone uncontestedÐproponents of an en- I, for one, am uninterested in further cata- and their causes will lead directly to the de- larged federal government and more govern- pulting this country down this ``road to serf- sign and implementation of prevention pro- ment spending have justified their pet spend- dom'' albeit a road paved with the good inten- grams. Two leading causes of preventable ing and expansionist projects by distorting the tions of, in this case, ``preventing birth de- birth defects, spina bifida and fetal alcohol meaning of the ``necessary and proper'' and fects''. If this matter is so vital that it can only syndrome, will be among those targeted for ``common defense and general welfare'' be done via the power of the federal govern- public and professional information and edu- clauses to encompass the constitutionally ille- ment, then I suggest that members of the cation programs. gitimate activities they advocate. Even the Ex- House convince their constituents of this and Mr. Speaker, this bill is a fitting capstone to port-Import Bank and Overseas Private Invest- amend the constitution accordingly. I, despite the strong leadership and sustained effort on ment Corporation during Foreign Operations my extensive work as an obstetrician, remain this issue by the gentleman from Texas and Appropriations debate were constitutionally unconvinced. A volunteer group, private char- others. I commend him and my other col- ``justified'' by the express power to ``coin ity, hospital trade association, or university leagues here and in the other body for their money and regulate the value thereof''? In could certainly, in this age of advanced com- superb efforts and I am delighted to join with other words, where money exists, credit ex- puter technology, maintain a database nec- Mr. ORTIZ and the rest of my colleagues in istsÐwhere credit exists, loans existÐwhere essary to adequately address the information support of this important legislation. loans exist, defaulters existÐand from this, needs of those hoping to advance the cause Mr. BLILEY. Mr. Speaker, I am pleased to the federal government has a duty to bail-out rise in support of this bill. As you know, the of birth defect reduction. This, I believe would (at taxpayer expense) politically connected be a solution compatible with the framer's no- Committee on Commerce has a long and corporations who make bad loans in political- proud tradition of promoting and improving the tion of a national government of limited pow- risk-laden venues? ers. health of America's children. In the Federalist Papers, Madison and Ham- That is why the committee discharged S. For these reasons I oppose S. 419, the ilton strongly denied such views with respect Birth Defects Prevention Act of 1997. 419Ðto make today's vote possible. to the necessary and proper clause. Madison Mr. Speaker, birth defects are one of the Mr. BONILLA. Mr. Speaker, I rise today in was similarly emphatic that the ``defense and most serious and compelling health problems support of S. 419, The Birth Defects Preven- welfare'' clause did not expand the enumer- in the United States today. tion Act. This bill is aimed at curbing a very Ironically, they are also one of the most ated powers granted to Congress. To the ex- serious problem that hits over 150,000 Amer- overlooked. tent these clauses encompass the enumerated ican families each year, birth defects. Birth defects affect over 3 percent of all powers (rather than merely serve as their pre- Birth defects strike over three percent of all births in America, and they are the leading amble), one must ask why then the federal births in America and are the leading cause of cause of infant deaths. powers were, in fact, enumerated in Article infant death. The real tragedy is that many of S. 419 addresses this problem in a number One, Section 8. these birth defects and deaths could be pre- of important ways: Chiefly to resolve ambiguities about the na- vented. It broadens public and professional aware- tional powers, the tenth amendment, proposed The horrifying impact of birth defects ness of birth defects and new prevention strat- as part of the Bill of Rights by the Federalist- touched my home state of Texas just a few egies. It is our intention that this effort will ex- controlled first Congress, was added, declar- years ago. In the early 1990's health officials pand the practice of pre-natal surgeryÐa re- ing that the ``powers not delegated to the noted extremely high numbers of children born markable step forward that can prevent birth United States by the constitution, nor prohib- with neural tube defects in Cameron County, defects and save countless lives. ited by it to the States, are reserved to the in my colleague SOLOMON ORTIZ'S district. This bill also establishes a national clearing- States respectively, or to the people.'' Accord- Unfortunately, the tragedy did not stop house for data on birth defects. ing to constitutional scholar Bernard Siegan, there. During a short four month period of Finally, it puts in place a meaningful State University of San Diego College of Law, the 1995, six infants were born without brains or surveillance effort. Constitution might never have been ratified with only partial brains in Eagle Pass, Texas, In response to concerns raised by some, I had the Federalists' representations in this re- a city in my congressional district. Despite a think it important to clearly state what this bill gard not been accepted by a portion of the massive investigation by medical researchers, does not do: S. 419 does not make any funds public. Siegan also reminds us that the Fram- the cause of these outbreaks were never dis- available for abortion or euthanasia. Instead, ers rejected the notion of empowering the na- covered. Nightmares like these must never these funds are for the prevention of birth de- tional government to grant charters of incorpo- happen again. fectsÐand it is the unanimous intent of the ration; establish seminaries for the promotion That's why I was proud to join my col- Congress that this goal not be met through the of agriculture, commerce, trades, and manu- league, SOLOMON ORTIZ in introducing the use of these funds for abortion or euthanasia. factures; regulate stages on post roads; estab- Birth Defects Prevention Act. This bill will link March 10, 1998 CONGRESSIONAL RECORD — HOUSE H925 the researchers and health care providers to the leading cause of infant mortality. Surveil- The Chair will reduce to 5 minutes the important information they need to curb lance is necessary to track the incidence of the time for any electronic vote after birth defects and prevent other tragedies like birth defects and reduces their impact of pub- the first such vote in this series. the ones along the Texas/Mexico border. lic health. Again, I am proud to be a cospon- f Biomedical researchers are making sor of this legislation. We can not begin to progress in preventing birth defects. Recently, stop birth defects until we know when and THE JOURNAL scientists discovered the crucial role of the vi- where they are occurring. For families across The SPEAKER pro tempore. Pursu- tamin folic acid in preventing birth defects. De- our Nation like the Andis family, we must pass ant to clause 5 of rule I, the pending spite discoveries like this, the fact remains that this legislation. business is the question of the Speak- researchers and health care professionals just GENERAL LEAVE er’s approval of the Journal of the last don't know what causes most birth defects. Mr. BILIRAKIS. Mr. Speaker, I ask day’s proceedings. That's why this bill is so important. The bill unanimous consent that all Members The question is on agreeing to the establishes a National Information Clearing- may have 5 legislative days within Speaker’s approval of the Journal. house on Birth Defects. This national, state- which to revise and extend their re- The question was taken; and the based, tracking system will count the number marks and to include extraneous mate- Speaker pro tempore announced that of babies born with birth defects, identify the rial on S. 419, the Senate bill presently the ayes appeared to have it. causes and start community prevention pro- under consideration. Mr. BARRETT of Nebraska. Mr. grams. By learning all the facts surrounding The SPEAKER pro tempore (Mr. Speaker, I object to the vote on the birth defects, we have a chance to get ahead SHIMKUS). Is there objection to the re- ground that a quorum is not present in the fight against them. quest of the gentleman from Florida? and make the point of order that a Education and research are key to fighting There was no objection. quorum is not present. birth defects. With the programs established in Mr. BILIRAKIS. Mr. Speaker, we The SPEAKER pro tempore. Evi- the Birth Defects Prevention Act, hopefully have Senator BOND here, who I know dently a quorum is not present. fewer American families and children will be must be chomping at the bit to get up The Sergeant at Arms will notify ab- forced to live with the tragedy of birth defects. and talk about this. We are certainly sent Members. I would like to conclude by recognizing the very grateful to him for his leadership The vote was taken by electronic de- dedication of the March of Dimes in the fight in the Senate. I guess our rules do not vice, and there were—yeas 365, nays 39, against birth defects. Their hard work in trying allow that. not voting 26, as follows: to eradicate the number one killer of American Mr. Speaker, I have no further re- [Roll No. 40] babies is truly outstanding. quests for time, and I yield back the Mr. BRADY. Mr. Speaker, today I rise in YEAS—365 balance of my time. Abercrombie Conyers Gordon support of S. 419, the Birth Defects Prevention Mr. BROWN of Ohio. Mr. Speaker, I Act, and am pleased to be a cosponsor of its Ackerman Cook Goss have no further requests for time, and Aderholt Cooksey Graham companion bill in the House of Representa- I yield back the balance of my time. Allen Cox Granger Andrews Coyne Green tives, H.R. 1114, which was introduced by two The SPEAKER pro tempore. The of my colleagues from the Texas delegation. Archer Cramer Greenwood question is on the motion offered by Armey Crapo Gutierrez As you know, this legislation was first intro- the gentleman from Florida (Mr. BILI- Bachus Cubin Hall (OH) duced in the 102nd Congress in response to Baesler Cummings Hall (TX) RAKIS) that the House suspend the rules Baker Cunningham Hamilton the tragedy that occurred in South Texas and pass the Senate bill, S. 419. where a cluster of devastating birth defects Baldacci Danner Hansen The question was taken. Ballenger Davis (FL) Hastert escaped detection for several years. Mr. BILIRAKIS. Mr. Speaker, on Barcia Davis (IL) Hastings (WA) S. 419 builds on legislation I introduced in Barr Deal Hayworth that I demand the yeas and nays. the Texas House of Representatives in 1993 Barrett (NE) DeGette Herger The yeas and nays were ordered. Barrett (WI) Delahunt Hill and that was signed into law. Anne Andis, The SPEAKER pro tempore. Pursu- Bartlett DeLauro Hobson from The Woodlands, Texas, was told when ant to clause 5 of rule I and the Chair’s Bass DeLay Hoekstra she was 10 weeks pregnant that her baby Bateman Deutsch Holden prior announcement, further proceed- would be born with anencephaly, the same Bentsen Diaz-Balart Hooley ings on this motion will be postponed. Bereuter Dicks Horn birth defect plaguing women and infants in f Berman Dingell Hostettler South Texas. Her physician advised an in- Berry Dixon Houghton duced delivery immediately. However, after RECESS Bilbray Doggett Hoyer agonizing over this decision with her husband Bilirakis Dooley Hulshof The SPEAKER pro tempore. Pursu- Bishop Doolittle Hunter and their two young daughters, they decided ant to clause 12 of rule I, the Chair de- Bliley Doyle Hutchinson Blumenauer Dreier Hyde to have the child. Emma was born in February clares the House in recess until ap- 1992 and lived for five days. Blunt Duncan Istook proximately 5 p.m. today. Boehlert Dunn Jackson (IL) After Emma's death, Anne became involved Accordingly (at 4 o’clock and 49 min- Boehner Edwards Jackson-Lee in lobbying efforts to establish a birth defects Bonilla Ehlers (TX) utes p.m.), the House stood in recess registry in Texas after learning of the tragic sit- Boswell Ehrlich Jefferson until approximately 5 p.m. uation in South Texas where an unexplained Boucher Emerson Jenkins f Boyd Engel John cluster of babies were being born with partial Brown (FL) Eshoo Johnson (CT) brains. Anne is a heroine because she agreed b 1700 Brown (OH) Etheridge Johnson (WI) to make a very private tragedy public and was Bryant Evans Johnson, E. B. ANNOUNCEMENT BY THE SPEAKER Bunning Everett Johnson, Sam the motivator of Texas' efforts. PRO TEMPORE Burr Ewing Jones As you know, S. 419 calls for the establish- Burton Farr Kanjorski ment of a National Information Clearinghouse The SPEAKER pro tempore (Mr. Callahan Fawell Kaptur SHIMKUS). Pursuant to the provisions Calvert Foley Kasich on Birth Defects to collect and disseminate to Camp Forbes Kelly health professionals and he public information of clause 5, rule 1, the Chair will now Campbell Ford Kennedy (RI) on birth defects, including prevention meas- resume proceedings on approval of the Canady Fossella Kennelly ures. It also directs the Centers for Disease Journal and put the question on each Cannon Fowler Kildee Cardin Frank (MA) Kilpatrick Control to carry out, through the states, a pro- motion to suspend the rules on which Carson Franks (NJ) Kim gram to collect, analyze and report statistics further proceedings were postponed Castle Frelinghuysen Kind (WI) on birth defects. earlier today in the order in which that Chabot Frost King (NY) Mr. Speaker, 150,000 infants are born each motion was entertained. Chambliss Gallegly Kleczka Christensen Gejdenson Klink year with a serious birth defect. Many more Votes will be taken in the following Clayton Gekas Klug children are found to have such disorders later order: Clement Gibbons Knollenberg in life. Families from all racial, ethnic and eco- Approval of the Journal de novo; Coble Gillmor Kolbe Coburn Gilman LaFalce nomic groups share the risk of having a child House Concurrent Resolution 206, by Collins Goode LaHood with a serious birth defect. Furthermore, for the yeas and nays; and S. 419 by the Combest Goodlatte Lampson more than 20 years, birth defects have been yeas and nays. Condit Goodling Lantos H926 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Largent Olver Skaggs REMOVAL OF MEMBER AND AP- Gordon Martinez Royce Latham Ortiz Skeen Goss Mascara Rush LaTourette Owens Skelton POINTMENT OF MEMBER AS Graham Matsui Ryun Lazio Oxley Slaughter CONFEREE ON H.R. 1757, STATE Granger McCarthy (MO) Sabo Leach Packard Smith (MI) DEPARTMENT AND RELATED Green McCollum Salmon Levin Pallone Smith (NJ) AGENCIES AUTHORIZATION ACT, Greenwood McCrery Sanchez Lewis (CA) Pappas Smith (OR) Gutierrez McDade Sanders Lewis (KY) Parker Smith (TX) FISCAL YEARS 1998 AND 1999 Gutknecht McDermott Sandlin Linder Pascrell Smith, Adam The SPEAKER. The Chair wishes to Hall (OH) McGovern Sanford Lipinski Pastor Smith, Linda Hall (TX) McHale Sawyer Livingston Paul Snowbarger announce that pursuant to clause 6(f), Hamilton McHugh Saxton Lofgren Paxon Snyder rule X, the Chair removes the gen- Hansen McInnis Scarborough Lowey Payne Solomon tleman from Iowa (Mr. LEACH) as a Hastert McIntosh Schaffer, Bob Lucas Pease Souder conferee on H.R. 1757 and appoints the Hastings (FL) McIntyre Scott Maloney (CT) Pelosi Spence Hastings (WA) McKeon Sensenbrenner Maloney (NY) Peterson (MN) Spratt gentleman from Indiana (Mr. BURTON) Hayworth McKinney Serrano Manton Peterson (PA) Stabenow to fill the vacancy. Hefley McNulty Sessions Manzullo Petri Stark The Clerk will notify the Senate of Herger Meehan Shadegg Markey Pickering Stearns Shaw the change in conferees. Hill Meek (FL) Martinez Pitts Stenholm Hilleary Meeks (NY) Shays Mascara Pombo Stokes Sherman f Hilliard Menendez Matsui Pomeroy Strickland Hinchey Metcalf Shimkus McCarthy (MO) Porter Stump Hobson Mica Shuster McCollum Portman Stupak PERMITTING USE OF ROTUNDA Hoekstra Millender- Sisisky McCrery Price (NC) Sununu Holden McDonald Skaggs McDade Pryce (OH) Talent FOR CEREMONY IN COMMEMORA- Skeen TION OF DAYS OF REMEM- Hooley Miller (CA) McDermott Quinn Tanner Horn Miller (FL) Skelton McGovern Radanovich Tauscher BRANCE OF VICTIMS OF THE Hostettler Minge Slaughter McHale Rahall Tauzin HOLOCAUST Houghton Mink Smith (MI) McHugh Rangel Taylor (NC) Hoyer Moakley Smith (NJ) McInnis Redmond Thomas The SPEAKER. The pending business Hulshof Mollohan Smith (OR) McIntosh Regula Thornberry Smith (TX) is the question of suspending the rules Hunter Moran (KS) McIntyre Reyes Thune Smith, Adam Hutchinson Moran (VA) McKeon Riley Thurman and agreeing to the concurrent resolu- Smith, Linda Hyde Morella McKinney Rivers Tiahrt tion, House Concurrent Resolution 206. Snowbarger Istook Murtha McNulty Roemer Tierney Snyder The Clerk read the title of the con- Jackson (IL) Myrick Meehan Rogan Torres Solomon Jackson-Lee Nadler Meek (FL) Rogers Towns current resolution. Souder (TX) Neal Meeks (NY) Rohrabacher Traficant The SPEAKER. The question is on Spence Jefferson Nethercutt Menendez Ros-Lehtinen Turner Spratt the motion offered by the gentleman Jenkins Neumann Metcalf Rothman Upton Stabenow from California (Mr. THOMAS) that the John Ney Mica Roukema Velazquez Stark Johnson (CT) Northup Millender- Roybal-Allard Vento House suspend the rules and agree to Stearns Johnson (WI) Norwood McDonald Royce Visclosky the concurrent resolution, House Con- Stenholm Johnson, E. B. Nussle Miller (CA) Ryun Walsh Stokes current Resolution 206, on which the Johnson, Sam Oberstar Miller (FL) Salmon Wamp Strickland Jones Obey Minge Sanchez Watkins yeas and nays are ordered. Stump Kanjorski Olver Mink Sanders Watt (NC) The vote was taken by electronic de- Stupak Kaptur Ortiz Moakley Sandlin Waxman Sununu vice, and there were—yeas 406, nays 0, Kasich Owens Mollohan Sanford Weldon (FL) Talent not voting 24, as follows: Kelly Oxley Moran (VA) Sawyer Weldon (PA) Tanner Kennedy (RI) Packard Morella Saxton Wexler [Roll No. 41] Tauscher Kennelly Pallone Murtha Scarborough Weygand Tauzin YEAS—406 Kildee Pappas Myrick Scott White Taylor (MS) Kilpatrick Parker Nadler Sensenbrenner Whitfield Abercrombie Calvert Dingell Taylor (NC) Kim Pascrell Neal Serrano Wise Ackerman Camp Dixon Thomas Kind (WI) Pastor Nethercutt Shadegg Wolf Aderholt Campbell Doggett Thompson King (NY) Paul Neumann Shaw Woolsey Allen Canady Dooley Thornberry Kingston Paxon Ney Shays Wynn Andrews Cannon Doolittle Thune Kleczka Payne Northup Sherman Yates Archer Cardin Doyle Thurman Klink Pease Norwood Shimkus Young (AK) Armey Carson Dreier Tiahrt Klug Pelosi Oberstar Shuster Bachus Castle Duncan Tierney Knollenberg Peterson (MN) Obey Sisisky Baesler Chabot Dunn Torres Kolbe Peterson (PA) Baker Chambliss Edwards Towns Kucinich Petri NAYS—39 Baldacci Chenoweth Ehlers Traficant LaFalce Pickering Ballenger Christensen Ehrlich Turner Becerra Fazio Lewis (GA) LaHood Pitts Barcia Clay Emerson Upton Bonior Filner LoBiondo Lampson Pombo Barr Clayton Engel Velazquez Borski Fox Moran (KS) Lantos Pomeroy Barrett (NE) Clement English Vento Brown (CA) Ganske Nussle Largent Porter Barrett (WI) Clyburn Ensign Visclosky Chenoweth Gephardt Ramstad Latham Portman Bartlett Coble Eshoo Walsh Clay Gutknecht Sabo LaTourette Price (NC) Bass Coburn Etheridge Wamp Clyburn Hastings (FL) Schaffer, Bob Lazio Pryce (OH) Bateman Collins Evans Waters Costello Hefley Sessions Leach Quinn Becerra Combest Everett Watkins Crane Hilleary Taylor (MS) Levin Radanovich Bentsen Condit Ewing Watt (NC) DeFazio Hilliard Thompson Lewis (CA) Rahall Bereuter Conyers Farr Watts (OK) Dickey Hinchey Waters Lewis (GA) Ramstad Berman Cook Fawell Waxman English Kingston Watts (OK) Lewis (KY) Rangel Berry Cooksey Fazio Weldon (FL) Ensign Kucinich Wicker Linder Redmond Bilbray Costello Filner Weldon (PA) Lipinski Regula Bilirakis Cox Foley Wexler NOT VOTING—26 Livingston Reyes Bishop Coyne Forbes Weygand Barton Harman Riggs LoBiondo Riley Bliley Cramer Ford White Blagojevich Hefner Rodriguez Lofgren Rivers Blumenauer Crane Fossella Whitfield Brady Hinojosa Rush Lowey Roemer Blunt Crapo Fowler Wicker Buyer Inglis Schaefer, Dan Lucas Rogan Boehlert Cubin Fox Wise Davis (VA) Kennedy (MA) Schiff Luther Rogers Boehner Cummings Frank (MA) Wolf Fattah Luther Schumer Maloney (CT) Rohrabacher Bonilla Cunningham Franks (NJ) Woolsey Furse McCarthy (NY) Weller Maloney (NY) Ros-Lehtinen Bonior Danner Frelinghuysen Wynn Gilchrest Pickett Young (FL) Manton Rothman Borski Davis (FL) Frost Yates Gonzalez Poshard Manzullo Roukema Boswell Davis (IL) Gallegly Young (AK) Boucher Deal Ganske Markey Roybal-Allard Boyd DeFazio Gejdenson b 1722 Brown (CA) DeGette Gekas NOT VOTING—24 Brown (FL) Delahunt Gephardt Barton Furse Inglis Mr. TAYLOR of Mississippi changed Brown (OH) DeLauro Gibbons his vote from ‘‘yea’’ to ‘‘nay.’’ Blagojevich Gilchrest Kennedy (MA) Bryant DeLay Gillmor Brady Gonzalez McCarthy (NY) So the Journal was approved. Bunning Deutsch Gilman Buyer Harman Pickett Burr Diaz-Balart Goode The result of the vote was announced Davis (VA) Hefner Poshard Burton Dickey Goodlatte Fattah Hinojosa Riggs as above recorded. Callahan Dicks Goodling March 10, 1998 CONGRESSIONAL RECORD — HOUSE H927 Rodriguez Schiff Weller Hamilton McDermott Salmon Rodriguez Schiff Weller Schaefer, Dan Schumer Young (FL) Hansen McGovern Sanchez Schaefer, Dan Schumer Young (FL) Hastert McHale Sanders b 1733 Hastings (FL) McHugh Sandlin b 1741 Hastings (WA) McInnis Sanford So (two-thirds having voted in favor So (two-thirds having voted in favor Hayworth McIntosh Sawyer thereof) the rules were suspended and Hefley McIntyre Saxton thereof) the rules were suspended and the concurrent resolution was agreed Herger McKeon Scarborough the Senate bill was passed. to. Hill McKinney Schaffer, Bob The result of the vote was announced Hilleary McNulty Scott as above recorded. The result of the vote was announced Hilliard Meehan Sensenbrenner as above recorded. Hinchey Meek (FL) Serrano A motion to reconsider was laid on A motion to reconsider was laid on Hinojosa Meeks (NY) Sessions the table. Shadegg the table. Hobson Menendez f Hoekstra Metcalf Shaw f Holden Mica Shays PERSONAL EXPLANATION Hooley Millender- Sherman PERSONAL EXPLANATION Horn McDonald Shimkus Mrs. MCCARTHY. Mr. Speaker, on Hostettler Miller (CA) Shuster Tuesday, March 10, I missed rollcall Mr. HINOJOSA. Mr. Speaker, On roll call Houghton Miller (FL) Sisisky vote Nos. 40, 41 and 42, as I was un- votes 40 and 41 had I been present, I would Hoyer Minge Skaggs Skeen avoidably delayed at the airport en have voted yes. Hulshof Mink Hunter Moakley Skelton route to the Hill. Had I been present, I f Hutchinson Mollohan Slaughter would have voted ‘‘aye’’ on rollcall No. Smith (MI) Hyde Moran (KS) 40, ‘‘aye’’ on rollcall No. 41, and ‘‘aye’’ BIRTH DEFECTS PREVENTION ACT Istook Moran (VA) Smith (NJ) Smith (OR) on rollcall No. 42. OF 1997 Jackson (IL) Morella Jackson-Lee Murtha Smith (TX) f The SPEAKER pro tempore (Mrs. (TX) Myrick Smith, Adam Jefferson Nadler Smith, Linda SPECIAL ORDERS EMERSON). The pending business is the Snowbarger Jenkins Neal The SPEAKER pro tempore (Mr. question of suspending the rules and John Nethercutt Snyder passing the Senate bill, S. 419. Johnson (CT) Neumann Solomon SHIMKUS). Under the Speaker’s an- Johnson (WI) Ney Souder nounced policy of January 7, 1997, and The Clerk read the title of the Senate Spence bill. Johnson, E. B. Northup under a previous order of the House, Jones Norwood Spratt The SPEAKER pro tempore. The Kanjorski Nussle Stabenow the following Members will be recog- question is on the motion offered by Kaptur Oberstar Stark nized for 5 minutes each. Stearns the gentleman from Florida (Mr. BILI- Kasich Obey f Kelly Olver Stenholm RAKIS) that the House suspend the rules Stokes Kennedy (RI) Ortiz CELEBRATING WOMEN’S HISTORY and pass the Senate bill, S. 419, on Strickland Kennelly Owens MONTH Kildee Oxley Stump which the yeas and nays are ordered. Stupak Kilpatrick Packard C The vote was taken by electronic de- Sununu Ms. MILLENDER-M DONALD. Mr. Kim Pallone Speaker, as we continue to celebrate vice, and there were—yeas 405, nays 2, Kind (WI) Pappas Talent not voting 23, as follows: King (NY) Parker Tanner Women’s History Month, today we Kingston Pascrell Tauscher have gotten together, both my col- [Roll No. 42] Tauzin Kleczka Pastor league and friend, the gentlewoman YEAS—405 Klink Paxon Taylor (MS) Klug Payne Taylor (NC) from New York (Mrs. KELLY) and I, Abercrombie Canady Duncan Thomas Ackerman Cannon Dunn Knollenberg Pease who are cochairs of the Women’s Cau- Kolbe Pelosi Thompson Aderholt Cardin Edwards Thornberry cus on Women-Owned Businesses, to Allen Carson Ehlers Kucinich Peterson (MN) come tonight to speak on women- LaFalce Peterson (PA) Thune Andrews Castle Ehrlich Thurman owned businesses. I am pleased that Archer Chabot Emerson LaHood Petri Lampson Pickering Tiahrt such a strong showing of Members will Armey Chambliss Engel Tierney Bachus Chenoweth English Lantos Pickett be coming forth to speak on this issue. Largent Pitts Torres Baesler Christensen Ensign Towns The gentlewoman from New York Baker Clay Eshoo Latham Pombo LaTourette Pomeroy Traficant (Mrs. KELLY) and I, in cochairing the Baldacci Clayton Etheridge Turner Ballenger Clement Evans Lazio Porter Women-Owned Businesses Caucus, had, Leach Portman Upton Barcia Clyburn Everett Velazquez for the first time ever, a women’s cau- Barr Coble Ewing Levin Price (NC) Lewis (CA) Pryce (OH) Vento cus hearing on woman-owned busi- Barrett (NE) Coburn Farr Visclosky Barrett (WI) Collins Fawell Lewis (GA) Quinn nesses on September 25 of last year. In Lewis (KY) Radanovich Walsh Bartlett Combest Fazio Wamp that hearing, a lot of things were re- Bass Condit Filner Linder Rahall Lipinski Ramstad Waters vealed. We delved into the problems Bateman Conyers Foley Watkins facing women-owned businesses and ex- Becerra Cook Forbes Livingston Rangel LoBiondo Redmond Watt (NC) plored the obstacles that these women Bentsen Cooksey Ford Watts (OK) Bereuter Costello Fossella Lofgren Regula continue to face in trying to obtain Lowey Reyes Waxman Berman Cox Fowler Weldon (FL) contracts with the Federal Govern- Berry Coyne Fox Lucas Riley Luther Rivers Weldon (PA) ment. Bilbray Cramer Frank (MA) Wexler Bilirakis Crane Franks (NJ) Maloney (CT) Roemer Current procurement rates to Maloney (NY) Rogan Weygand Bishop Crapo Frelinghuysen White women-owned businesses is 1.8 percent. Bliley Cubin Frost Manton Rogers Manzullo Rohrabacher Whitfield The Federal goal is 5 percent. This was Blumenauer Cummings Gallegly Wicker Blunt Cunningham Ganske Markey Ros-Lehtinen a concern of ours, and as we began to Martinez Rothman Wise Boehlert Danner Gejdenson Wolf probe, we wanted to get down to the Boehner Davis (FL) Gekas Mascara Roukema Matsui Roybal-Allard Woolsey real issue as to why women, who are Bonilla Davis (IL) Gephardt Wynn Bonior Deal Gibbons McCarthy (MO) Royce making up the largest growth of jobs McCollum Rush Yates Borski DeFazio Gillmor Young (AK) and growth of businesses, were unable Boswell DeGette Gilman McCrery Ryun to get the Federal procurement goal of McDade Sabo Boucher Delahunt Goode 5 percent. Boyd DeLauro Goodlatte Brown (CA) DeLay Goodling NAYS—2 The hearing further brought up the Brown (FL) Deutsch Gordon Johnson, Sam Paul problems of the lack of access to the Brown (OH) Diaz-Balart Goss Federal contracting process, the bun- Bryant Dickey Graham NOT VOTING—23 Bunning Dicks Granger dling of contracts, the need for more Burr Dingell Green Barton Fattah Inglis outreach to women business owners, Burton Dixon Greenwood Blagojevich Furse Kennedy (MA) poor and incomplete feedback provided Callahan Dooley Gutierrez Brady Gilchrest McCarthy (NY) to businesses when their bids are not Calvert Doolittle Gutknecht Buyer Gonzalez Poshard accepted, and frustration in the certifi- Camp Doyle Hall (OH) Davis (VA) Harman Riggs Campbell Dreier Hall (TX) Doggett Hefner cation process. H928 CONGRESSIONAL RECORD — HOUSE March 10, 1998 The certification process was one Between 1987 and 1996, the number of phasize micro enterprise development for particular concern of ours. Thus, our minority women-owned businesses in- women transitioning off welfare, as well as introduction of House Resolution 313. creased by 153%, which is three times business development and expansion and job This resolution was introduced so that the rate of overall business growth in creation for growing businesses. we can begin to recommend to agencies the U.S. The rate of employment by The U.S. economy is strengthened by the that they make a part of their out- minority businesses grew by 276% and expansion of women's business development reach information on contracting prac- revenues rose by 318%. nationally. In the Chicago metropolitan area, tices and opportunities readily avail- Between 1987 and 1996, women-owned women-owned businesses represent 37 per- able to women-owned businesses and businesses grew by 171% in construc- cent of all firms and employ 22 percent of all recommend the ‘‘Rule of One’’ where at tion; by 157% in wholesale trade; by workers. During 1996, over 225,000 women- least one woman-owned business is so- 140% in transportation/communica- owned firms generated more than $96 billion licited on all competitive acquisitions. tions; by 130% in agriculture; and by in sales in the Chicago area. We would also like to mention that 112% in manufacturing. With funding from the U.S. SBA Office of the Clinton Administration supports Between 1987 and 1996, minority Women's Business Ownership and other pub- doubling the funding from $4 million to women-owned businesses grew by 319% lic and private sector support, the WBDC and $9 million for SBA women’s business in construction; by 276% in wholesale women's business assistance centers through- centers, and then, in addition to that, trade; and by 253% in transportation/ out the United States continue to make a vital funding the Census Bureau’s Survey of communications/public utilities. contribution. These programs serve my con- Women-Owned Businesses. We must en- ORGANIZATIONS YOU COULD COMMEND stituents by offering quality programs that le- sure that women-owned businesses get Small Business Administration— verage scarce resources into successful job the type of support that they need in Aida Alverez. creation, new business startups, and business order for their growth as well as their Office of Women’s Business Owner- expansion. These Centers are dedicated to opportunities to expand. ship within SBA—Sherrye Henry. promoting economic self-sufficiency programs. I would also like to congratulate the National Women’s Business Council— Women business owners are making history SBA for launching a new initiative for Amy Millman. in the United States. It is appropriate that we women entrepreneurs, the On-Line National Association of Women Busi- salute and pay honor to them during Women's Women’s Business Center, which helps ness Owners—Susan Peterson. History Month. women start and expand their busi- Women’s Business Enterprise Na- Mrs. JOHNSON of Connecticut. Mr. Speak- nesses. tional Council—Susan Bari. er, today I rise to pay special tribute to a Mr. Speaker, the statistics are really ORGANIZATIONS HELPING WOMEN BUSINESS woman business owner in my district who is a exciting. In California, from 1987 to OWNERS IN/NEAR THE 37TH shining example of the dramatic impact that 1996, the number of women-owned busi- Women’s Business Exclusive in Tor- women business owners are having on our nesses have grown by 78 percent, em- rance. economy. In the state of Connecticut there are ployment has increased by 255 percent, Association of Black Women Entre- approximately 104,000 women-owned busi- and sales have grown by 313 percent. preneurs in Los Angeles. nesses. This female entrepreneurship ac- California ranks first out of 50 States Los Angeles County Office of Small counts for 35 percent of all firms in the state in the number of women-owned busi- Business. of Connecticut, employing 23 percent of all nesses, first in employment and first in Mr. RUSH. Mr. Speaker, I rise today, in Connecticut workers. sales. honor of Women's Month, to pay tribute to the In June 1985, Betsy Perkins and her hus- So as my colleagues can imagine, we contribution that women-owned businesses band Jack opened the doors of Perkins Trav- are excited about women-owned busi- make to our economy. el. Betsy, a former executive in American Ex- nesses and are really eager to ensure Carolyn Sanchez Crozier founded CSC press' travel division, had always wanted to be that the women get their rightful 5 Consulting six years ago. An Hispanic Amer- a business owner. She found herself ready to percent Federal contract procurement, ican, she employs over 25 peopleÐmostly take the plunge into entrepreneurship when all procurement contracts, so that they women and people of color. She has won rec- of her children went off to college. One of her can continue to expand and grow as we ognition from the Small Business Administra- sons had unknowingly provided her with this look at women who are coming off of tion (SBA) and the Entrepreneur of the Year golden opportunity when he chose to attend welfare-to-work and are in need for Award. the Naval Academy. His decision gave his strong support from women-owned Deborah Sawyer, African American founder parents the financial flexibility to strike out on businesses for entrepreneurship and of a multi-million environmental engineering their own, and Perkins Travel was born. other ventures that they might enjoy. company, employing over a dozen women and While Betsy maintained close ties to her old There are now approximately 8 mil- people of color, was just inducted into the En- company, Perkins Travel struggled in its early lion women-owned businesses providing trepreneurial Hall of Fame. And Ida Hinman, years. Betsy called on many corporate execu- jobs for 15.5 million people and generat- publisher of Minority Entrepreneur, was just tives who were concerned that her new com- ing nearly $1.4 trillion in sales. We are named the SBA Minority Advocate of 1998. pany could not handle their $3 million dollar a absolutely ahead of the game in ensur- What do these businesses have in com- year travel budgets. But, Betsy saw a need in ing that women-owned businesses are mon? the community and set out to fill it with deter- out there to ensure that jobs are cre- They are all women business owners, vitally mination. Perkins Travel created a niche serv- ated for women and to provide the type involved in the fastest growing segment of our ing small- and medium-sized companies that of leadership that is necessary for U.S. economy, AND they are clients and sup- the large travel agents were not serving. By women to go into business. porters of the Women's Business Develop- offering an unprecedented level of service, In the 37th District of California, ment Center (WBDC) in Chicago, IL. such as ticket deliveries 7 days a week/24 women-owned businesses are generat- Over 2,000 women a year have benefitted hours a day, she enticed clients and became ing $105 billion in sales in the Los An- from the programs of the Women's Business essential to their business. geles-Long Beach metropolitan area. Development Center in Chicago. And tens of However, Betsy remained committed to This area ranks second out of the top thousands of women business owners have working with the community and developed a 50 metropolitan areas in the number, grown and thrived with the advocacy support division to work with senior citizens and school employment and sales of women-owned of the National Women's Business Council groups to promote culture and the arts. Most businesses. and local women's business assistance pro- recently, she was contacted by a local high GENERAL STATISTICS grams like the WBDC. school drama club. A teacher wanted to take There are now approximately eight Based in Chicago, the WBDC successfully his students to New York to see a Broadway million women-owned businesses, pro- serves women starting and expanding their show on a shoestring budget. Once again, viding jobs for 15.5 million people and companies with counseling, training, financial through Betsy's determination, she was able generating nearly $1.4 trillion in sales. assistance, certification, procurement and ad- to make this opportunity a reality for the Women-owned businesses now employ vocacy on women's economic empowerment. drama club. 35% more people in the U.S. than the The programs of the Chicago-based Center One of the greatest testaments to Betsy's Fortune 500 companies employ world- are effective, and benefit a diverse group of success is the stability that her business has wide. women and their families. The programs em- brought to her workforce. Perkins Travel now March 10, 1998 CONGRESSIONAL RECORD — HOUSE H929 has 17 employees, 4 of which were with her contracts to women-owned businesses. ward the north, and the Kosovar Alba- when the business opened its doors in 1985. This sad underutilization of women- nians attempted to avoid bloodshed Indeed, since that time only 2 employees have owned businesses is most unfortunate. through a highly commendable passive left to pursue other opportunities. Over the I recently learned of a startling sta- resistance to Serbian rule. Even at years, Betsy has also lent her support to other tistic that puts this inequity into per- that time, the Commission had focused business owners by counseling and mentoring spective. On the heels of the exciting on Kosovo in hearings and briefings as innumerable men and women about starting a news that NASA appointed its first a potential site for spillover of the con- business. Some have gone on to open suc- woman shuttle mission commander, it flict. cessful businesses while some decided entre- came to my attention that of the total Finally, in the post-Dayton period preneurship was not for them. Unfortunately, of 516 shuttle astronauts, 40 have been the Commission has seen that Kosovo Betsy notes that she has watched many of the women. This makes up 13.56 percent of remains explosive, as indicated in a women go on to struggle the way she did in our shuttle astronauts to date. It is Commission visit and report in the her early years. shocking to think that with respect to summer of 1996. So for me and for other When I asked Betsy what drove her to be their field, women have greater access Members, the gentleman from New an entrepreneur, she replied ``I didn't want to to space travel than obtaining a Fed- York (Mr. ENGEL), the gentleman from leave the earth wondering if I could do it.'' I eral Government procurement con- Virginia (Mr. MORAN), the gentle- applaud her pioneering spirit and that of the 8 tract. It is time for us to open govern- woman from New York (Mrs. KELLY), million women business owners who have ment contract opportunities to women- and the gentleman from New Jersey taken risks to secure the financial future for owned businesses. (Mr. SMITH), Kosovo is not new. themselves, their families and the American For this reason, I have introduced Despite the complexities of the Bal- economy. These women deserve our tribute House Resolution 313 with my col- kans, the simple fact is that the regime during Women's History Month because they league, the gentlewoman from Califor- of Slobodan Milosevic has fermented are actively shaping the world for our daugh- nia (Ms. MILLENDER-MCDONALD). The hatred between the peoples of the ters and granddaughters. resolution is designed to highlight former Yugoslavia as a means to main- f problems in the Federal acquisition tain power and ward off democratic de- system, but more importantly, it velopment in Serbia itself. INTERNATIONAL WORKING makes concrete recommendations for In 1989, Milosevic unilaterally re- WOMEN’S DAY Federal agencies striving to achieve voked Kosovo’s previous autonomy. He The SPEAKER pro tempore. Under a the unmet goal of having at least 5 per- made discrimination against ethnic Al- previous order of the House, the gentle- cent of Federal contracts awarded to banians, who constitute 90 percent of woman from New York (Mrs. KELLY) is women-owned businesses. the population of Kosovo, official pol- recognized for 5 minutes. My commitment to improving Fed- icy, especially in terms of employment. Mrs. KELLY. Mr. Speaker, today as eral procurement access for women- His police force in Kosovo, which is, in we celebrate International Working owned businesses will not waiver until effect, more of an army, has arbitrarily Women’s Day, I think it is fitting that such access is assured. The time has harassed, detained, tortured, and yes, we also celebrate the impressive pres- come to open the doors for women busi- even murdered innocent Albanians on a ence of women-owned business owners ness owners, level the playing field, regular basis. in our Nation. Women business owners and create real competition among our The front page of the Washington are impressive, wonderful people who Nation’s businesses. This will only be Post shows an Albanian mother and are out there helping to generate small achieved when every Federal agency her small child, victims of this Serbian businesses that are vital to the well- commits to improving access for onslaught. being of our economy. women-owned businesses. House Reso- b 1800 As a former small business owner, I lution 313 helps set us on this path, and wholeheartedly believe that we must I believe its passage is a critical first On a regular basis, when students support these women-owned businesses step for women and for our country’s protest the lack of a university edu- as an integral part of the well-being of economic prosperity. cation, they announce it in advance our economy. Nationally, women- f and make clear their desire is to do so owned firms make up approximately 36 peacefully. The response to the exer- percent of all U.S. firms in America. HUMAN RIGHTS VIOLATIONS IN cise of freedom of assembly and expres- We employ more people than the For- KOSOVO sion? They are beaten. tune 500 companies combined. We will The SPEAKER pro tempore. Under a The recent fighting in central Kosovo own 50 percent of all businesses in previous order of the House, the gen- can be traced to a few Kosovar Alba- America in the 21st century. tleman from Maryland (Mr. HOYER) is nians who have formed a Kosovo libera- In fact, in my State of New York, recognized for 5 minutes. tion army and seek to fight repression which was ranked third out of the 50 Mr. HOYER. Mr. Speaker, in recent with terrorism. They are wrong and States in the number of women-owned weeks we have seen a seemingly new their actions should be condemned. firms, there are more than 527,000 conflict begin to emerge in the Balkans That said, and I say it strongly, the women-owned firms in New York. They with fighting in Kosovo. I say seem- presence of these individuals cannot account for 36 percent of all New York ingly because it is really a conflict and must not be the pretext to justify firms. These women-owned firms em- that has been around for quite some further human rights violations by the ploy nearly 1.4 million people and gen- time. Milosevic regime. The attacks on sev- erate $205.8 billion in sales. Between As the co-chairman of the Helsinki eral Albanian villages which left doz- 1987 and 1992, the National Foundation Commission in the mid-1980s, human ens dead and many others injured or for Business Owners estimated that the rights violations were the first issue displaced is absolute and undeniable number of women-owned firms in New regarding the former Yugoslavia with contravention of the standards for the York increased by 70 percent, and em- which I and the Commission was con- behavior of governments as stated in ployment in women-owned businesses fronted. In April 1990, 2 years before the Helsinki Final Act and other docu- has grown by 141 percent with their Bosnia would enter our foreign policy ments of the OSCE. They are to be con- sales rising by 180 percent. debates, I and other Members of the demned by this country and all free- However, as we celebrate these commission traveled to Kosovo and dom-loving peoples. women and their accomplishments, it witnessed firsthand the repression At a high-level meeting of the con- is necessary that we also recognize which was building in Kosovo as the tact group yesterday, at which Sec- that inequities exist. I would like to basis for Slobodan Milosevic’s rise to retary of State Albright represented bring to the attention of my colleagues power. the United States, there was agree- the fact that America’s largest pur- During the Croatian and Bosnian ment to take action, as we must. In chaser of goods and services is Uncle conflicts, Kosovo no longer became a particular, I would like to focus on Sam, but Uncle Sam dispenses a mere leading concern, as the Serbian regime three of them which I, along with the 1.8 percent of all Federal procurement directed its nationalist ambitions to- gentleman from New Jersey (Mr. H930 CONGRESSIONAL RECORD — HOUSE March 10, 1998

SMITH), raised with the Secretary be- FEDERAL CREDIT UNION taxes and conforms to CRA require- forehand. MEMBERSHIP ACT ments, what is the distinction between First, the contact group supports a The SPEAKER pro tempore (Mr. JEN- such an institution and a mutual sav- new OSCE mission led by former Span- KINS). Under a previous order of the ings bank? I contend it would be so ish Prime Minister Felipe Gonzalez and House, the gentleman from Maryland similar there would be no justification the return of the mission to Kosovo, (Mr. EHRLICH) is recognized for 5 min- for maintaining the Federal credit the Sandzak and Vojvodina. Getting an utes. union charter and the NCUA. international presence on the ground Mr. EHRLICH. Mr. Speaker, after Finally, my bill protects current which can deter human rights viola- months of waiting, the Supreme Court credit union members by tions and report objectively on the sit- recently rendered a decision in the grandfathering all members of a Fed- uation is absolutely critical. AT&T Federal Credit Union case. The eral credit union prior to February 25, 1998. The bottom line, Mr. Speaker, is Frankly, I believe there has not been court held in a 5-to-4 decision that five that credit union members do not need a sufficient effort to get a mission back North Carolina banks had standing to to worry about being divested or losing on the ground. Milosevic kicked out challenge the NCUA’s 1982 common the membership privileges they cur- the mission and opposed its return be- bond interpretation. Furthermore, of rently enjoy. cause of Yugoslavia’s suspension of the the justices that contemplated the ‘‘field of membership’’ issue, the court Industry groups have dug in on both OSCE, yet he invited the OSCE to come sides of this debate. Still, I hope and to Serbia during and after elections in held 5-to-0 that some credit unions had overstepped the membership limits believe this bill will serve as a middle 1996 and 1997, when he found it conven- ground which addresses legitimate ient. contained in the 1934 Federal Credit Union Act. grievances by banks with regard to the Whatever else we do, Mr. Speaker, we All eyes are on Congress to resolve limits of field of membership and al- must create this international presence this important issue. lows credit unions to expand and pros- on the ground as a first step. Mr. Speaker, I rise today not to talk per in a safe and sound manner. Second, the contact group urged the about the problems facing credit As Congress moves forward, Mr. prosecutor of the international crimi- unions, but to offer a solution. Today I Speaker, with modernizing banks and nal tribunal for the former Yugoslavia will be introducing the Federal Credit other financial institutions, we should to gather information related to the vi- Union Membership Act of 1998. While also update the 1934 Credit Union Act olence in Kosovo which may fall within there are many ‘‘field of membership’’ and bring credit unions into the 1990s. its jurisdiction. proposals on the table and indeed a bill For my colleagues who are interested Third, the contact group rec- that codifies the 1982 interpretation, I in my approach and seek to resolve ommended adoption of the mandate for am taking a quite different approach to this important issue, I ask that they UNPREDEP, the U.N. peacekeeping resolving this issue. join me as a cosponsor of the Federal force in neighboring Macedonia, which The purpose of my bill is not to pla- Credit Union Act of 1998. has a U.S. contingent. cate either side, the banks or the credit f unions. Rather, I wish to restore credit URGENT APPEAL FROM CUBA Mr. Speaker, this House, the Senate unions as we the Congress intended and this Nation must speak out for the them to be when originally chartered, The SPEAKER pro tempore. Under a safety of those in Kosovo. not what some credit unions have be- previous order of the House, the gen- If Kosovo explodes, its potential for direct come or what banks want them to be. tleman from Florida (Mr. DIAZ- spillover into neighboring countries is actually Congress chartered credit unions with BALART) is recognized for 5 minutes. greater than it was for Bosnia, and we must the purpose of restricting them to Mr. DIAZ-BALART. Mr. Speaker, be prepared for that threat. members who share a common bond. March 8 is commemorated as the Inter- As far as political and economic sanctions Quite simply, the common bond con- national Day of Women’s Rights. With on Belgrade, Russia has indicated opposition stitutes the union in credit union. that motive and also because of what at this time. I hope Moscow reconsiders this The 1982 interpretation and current has been going on in Cuba since the position. While it calls for sanctions on Latvia legislative proposal supported by the Pope’s visit in January, an urgent ap- resulting from a demonstration in which no in- credit unions establishes no discernible peal went out from Cuba yesterday, juries were reported, the Russian Government limit on membership and therefore no March 9, signed by a very distinguished opposed sanctions against a regime which common bond or union. group of women dissidents and inde- brutally attacked whole villages and caused In fact, Justice Thomas wrote in a pendent journalists. And their urgent more than 75 fatalities, including women and Supreme Court ruling that ‘‘Section petition to the international organiza- children. 109 cannot be considered a limitation tions for human rights and all women, on credit union membership if at the which went out yesterday, I would like Finally, I want to make clear that my opposi- same time it permits a limitless re- to read at this point. tion to Slobodan Milosevic is not opposition to sult.’’ Accordingly, my bill restores the It reads as follows: the Serbian people. They, too, are victims in limitations originally placed on credit ‘‘The so-called ‘pardons’ that the all of this. They are denied their basic human union membership. government of Fidel Castro has instru- rights through limits on a free media, rigged As times have changed and financial mented in the last few months as an elections and harassment by the authorities. markets have evolved from the post- attempt to obtain the good graces of Ultimately, Mr. Speaker, we need to focus Depression era, I recognize credit union international heads of State have not more squarely not just on ethnic conflict in the membership must be made available to been acts of clemency or goodwill. Balkans, but on democratization in Serbia. Ul- a broader segment of our population. ‘‘It is an outrage that within two timately, we cannot rely on Slobodan Further, in today’s society we most years of the next millennium Cuba Milosevic to maintain stability in the Balkans, closely identify ourselves by our pro- maintains in its prisons more than a democratic Serbia is essential to that end, in fession or career. Thus, my bill creates 100,000 prisoners and another signifi- Bosnia and in Kosovo. a new ‘‘field of membership’’ entitled cant number of detainees at adjacent Given our witness to the horrors which took ‘‘trade’’ credit union. interrogation facilities. In proportion place in Bosnia, we should be aware of the The ‘‘trade’’ credit union is defined to population, the penal population on dangers of Kosovo. As Polish foreign minister, as members of a group that share a the island is perhaps the largest in and OSCE chairman, Bronislav Gerememek common trade, profession or occupa- Latin America, and even more criminal said in February, ``In Kosovo we are witness- tion. As promised to my constituents, still is the cruel and brutal treatment ing a conflict in preparation * * * it would be my proposal maintains the tax status that is suffered by political prisoners, inexcusable for the OSCE to remain passive of credit unions and exempts them especially women. regarding Kosovo.'' I fully agree, and hope my from regulatory burdens like CRA. Im- ‘‘Very few women have been released, colleagues will support strong action to pre- posing such conditions begs the follow- a significant number of women still re- vent a new and potentially more dangerous ing question: If a credit union is not main incarcerated, among them Rosa conflict in the Balkans. subject to membership limits, pays Maria Pujol Llanes, Rosalina Gonzalez March 10, 1998 CONGRESSIONAL RECORD — HOUSE H931 Laffita, who is currently at Villa prisoners of conscience that languish and corporations have initiated suc- Marista, a state security facility and at this very moment in Castro’s dun- cessful minority lending programs to still remains detained even though her geons. compensate for these shortfalls, much name appears on the list of prisoners Mr. Speaker, March 8th is commemorated still remains to be done. scheduled to be deported from Cuba to each year as international women's rights day. On this important day, in celebration Canada, Marta Beatriz Roque Cabello, At this moment a great number of dignified of the achievements of women in busi- Migdelis Pozo Casanova, Esperanza Cuban women patriots are in dungeons of the ness, I am proud to join with the Busi- Micaela Atencio de la Rosa, Daula dictatorship for the sole crime of seeking free- ness Women’s Network in saluting the Carpio Matas, Avianes Jordan dom for their country. Silence before their suf- strong trends represented by women’s Contreras, Mayda Barbara Jordan fering is unacceptable and constitutes a form organizations. Under the leadership of Contreras, Ana Maria Agramonte, of complicity with the jailers of Cuban women Edie Fraser, president of BWN, this Anaismiel Sanchez, Reina Isabel Rojas prisoners of conscience. I will not cease de- group provides an extraordinary net- Sanchez, and many others. nouncing the existence of political imprison- work, bridging together 1,200 business ‘‘Currently on a hunger strike since ment in Cuba until it is but a tragic chapter of women’s business and professional or- February 24 and after being released past history. ganizations. from the hospital at Santa Clara are f BWN has shared some special exam- Lilian Meneses Martinez and Ileana ples of women helping women: Penalver Duque, both charged with il- ON WOMEN-OWNED BUSINESSES IN BWN has been working with 30 wom- licit association and sentenced to 18 CELEBRATION OF WOMEN’S HIS- en’s organizations to provide 13,000 jobs months in prison due to their partici- TORY MONTH for women who have been on welfare. pation with the opposition group that The SPEAKER pro tempore. Under a Dare to Dream is a special program recently carried out the 120-day hunger previous order of the House, the gentle- that provides mentors to girls in strike in that city. woman from Maryland (Mrs. MORELLA) school. ‘‘In light of so much injustice and ig- is recognized for 5 minutes. The American Women’s Economic nominy, we join our voices of opposi- Mrs. MORELLA. Mr. Speaker, as we Development Center, AWED, offers new tion so that the world may learn of the celebrate Women’s History Month, I women business owners one-on-one spitefulness and indignity with which rise to pay tribute to the achievements counseling with a successful entre- Cuban women political prisoners are of businesswomen, both in my own con- preneur. The Association for Women in treated. gressional district and across the Na- Science has developed a mentoring ‘‘We call on all free citizens of the tion. In Montgomery County, Mary- guide and programs to encourage world to join in support of these land, the district that I represent in young women to enter the fields of women that suffer.’’ Congress, we have one of the highest science, engineering and technology. It is signed Soiris Aguiar Callejas of percentages of women entrepreneurs the Popular Democratic Alliance, Today, more than 52 percent of all and working women in America. web users are women. BWN located 169 Geronima Rosa Soto of the Association The growth of women-owned busi- in Favor of Constitutional Democracy, women’s resource web sites last year, nesses has been extraordinary. Women and that number has now increased to Vicky Ruiz Labrit of the Committee of are starting businesses at twice the Peaceful Opposition Members and Co- 750. From 169 to 750. rate of men according to the Small As we look toward the new millen- ordinator of the National Centers for Business Administration. The SBA an- nium, it is clear that women will con- Studies on the Family, Celia Jorge of ticipates that women will own 50 per- tinue to be leaders in the business the Liberal Current, Maria Antonia cent of the small businesses in America arena. My congratulations to the Busi- Escobedo Yaser of the Democratic in the 21st century. At present, there ness Women’s Network and the 1,200 Front Oriental, Neri Gorostiza are 9 million women-owned businesses women’s business and professional or- Campoalegre of the Movement Pro- that generate $2.3 trillion in annual ganizations for their accomplishments Human Rights, Adis Alcolea of the Or- revenues, an increase of approximately in promoting women-owned businesses. ganization of Social Christians, Ana 236 percent over the last 10 years. I salute women in business for their Luisa Lopez Baeza of Cuba Press, Isa- Women business owners employ one outstanding achievements and their bel del Pino, Humanitarian Association out of every four company workers. contributions to the economic well- Followers of Christ Jesus, Beatriz Gar- Women-owned businesses generate being of America. cia of the Association of the National more jobs than all of the Fortune 500 f Front Against Injustice, Dr. Iraida companies combined. According to the Leon of the Independent Medical Asso- National Foundation for Women Busi- SUNDRY MESSAGES FROM THE ciation, Daisy Carcases Batle of the ness Owners, women employers are PRESIDENT Feminist Forum, Gladys Linares Blan- more likely to offer flexible work ar- Sundry messages in writing from the co of the Humanitarian Feminist Front rangements, child care subsidies and President of the United States were of Cuba, Nancy Sotolongo Leon of the health care benefits. communicated to the House by Mr. Democratic Action Movement, Marta I would be remiss if I did not mention Sherman Williams, one of his secretar- Parga of the Movement in Favor of that of the 9 million women business ies. Solidarity and Peace, Cecilia Zamora owners, 1.1 million are minority women f Cabrera of the Independent Feminist entrepreneurs. Of the 1.1 million mi- Organization of Cuba, Odilia Collazo nority-owned businesses, approxi- TRIBUTE TO WOMEN IN BUSINESS Valdez of the Pro-Human Rights Party mately 35 percent are owned by African The SPEAKER pro tempore (Mr. of Cuba. American women; 33 percent by His- SHIMKUS). Under a previous order of the Just another reality check, Mr. panic American women, and 26 percent House, the gentleman from Illinois Speaker, with regard to the horror of by Asian American women. Although (Mr. DAVIS) is recognized for 5 minutes. Cuba today and what has been going on Native Americans represent only 1 per- Mr. DAVIS of Illinois. Mr. Speaker, despite the hope that much of the cent of the American population, 6 per- as we celebrate Women’s History world had that things could change cent of all women-minority-owned Month, I rise today to pay tribute to pursuant to the Pope’s visit. And businesses are owned by Native Amer- women in business and to express pride things will change in Cuba. ican women. in the fact that the women of Chicago A seed has no doubt been planted for and Cook County have benefitted from b the future of spirituality. But the re- 1815 the successful programs of the Wom- ality of today is totalitarianism and Despite all of their progress, women en’s Business Development Center. continued repression. I think it is im- entrepreneurs still have difficulty ob- Based in Chicago, the Women’s Busi- portant for the international commu- taining access to capital. Women and ness Development Center serves 2,000 nity to know the plight of Cuban minorities still only receive 5 percent women annually with counseling, human rights violations and of pris- of total loans for major financial insti- training, financial assistance, certifi- oners of conscience, especially women tutions. Although government agencies cation, procurement and advocacy on H932 CONGRESSIONAL RECORD — HOUSE March 10, 1998 behalf of women’s economic empower- ognize the achievements and the re- few jobs for female welfare recipients ment. The programs of the Chicago- maining obstacles of women-owned in inner-city areas. In Miami many based center are effective, successful, businesses. women have taken the giant step of and benefit diverse women. These cen- I would also like to take this oppor- employing themselves to make ends ters service an array of women and tunity to thank the co-chairs of the meet for their families. their families, including self-employ- Women’s Caucus and the women-owned In Liberty City, my own neighbor- ment for former welfare recipients, business legislative team, my col- hood in Miami, many women create business development, expansion and leagues, the gentlewoman from Califor- their own private businesses. Many of job creation. nia (Ms. JUANITA MILLENDER-MCDON- them make dolls. They sell them. They The work of the Women’s Business ALD) and the gentlewoman from New make head scarves. They make ethnic Development Center and other wom- York (Mrs. SUE KELLY), for organizing clothing. They capitalize on their own en’s business assistance centers are es- us to come to the floor today. They personal talents in order to make ends sential to strengthening the economy should be congratulated for their ef- meet. Innovative businesses run the of this Nation by fostering women’s forts on this issue, specifically for in- gamut from day care and house clean- business development nationally. troducing legislation, House Resolu- ing to hair braiding and stick-on nail The WBDC and women’s business as- tion 313, which outlines the findings specialists. sistance centers are funded by the from last year’s first-ever Women’s These women simply could not United States SBA office of Women’s Caucus hearing on women-owned busi- launch these businesses without the re- Business Ownership and by private and nesses. quired financial backing to bring their public sector support. They help sup- This legislation expresses the sense initiatives to fruition. Programs like port a diverse and growing population of the House of Representatives that Working Capital Florida enable these of new and emerging job-creating all Federal agencies would benefit from women to devise their own business women entrepreneurs, including reviewing specified recommendations plans and get on their feet. These are women transitioning off welfare. for the purpose of improving equitable small loans, Mr. Speaker, between $500 These centers are unique in that they access for women-owned businesses to and $5,000, and they maintain the abil- provide long-term training, involve the Federal procurement market. ity to produce significant life changes. public and private partnerships for Women-owned businesses are impor- They generate economic activity in our their support, and can be measured on tant sources of economic development communities and a sense of self-pride. the basis of their economic impact. in my community in Miami, Florida, I believe that the community devel- These centers have served tens of thou- one of the poorest districts in the coun- opment opportunity that is provided sands of women. try. But low income does not mean low through group lending programs is vi- The women’s business assistance cen- ambition, Mr. Speaker, nor does it tally important, especially during a ters serve our constituencies by offer- mean low potential. Microcredit pro- time that long-time safety nets for the ing quality programs to effectively le- grams that lend small amounts to non- poor are unraveling. Further support from other private sources, commercial verage scarce public and private re- traditional borrowers have proven to banks, and State and Federal govern- sources into successful job creation, be very promising tools for change, al- ments, helps to further build programs new business start-ups, and business lowing women to build businesses, in- like Working Capital Florida. expansion. Most of them, even after come and pride for themselves and Mr. Speaker, thousands of poor they are no longer eligible for Federal their families. women are responsive, creative and Small loans, yes; microcredit, yes; funding, continue to be sustained by hard-working. They have to spark. All but it does bring respect and ownership the private sector. they need is a little leadership to turn These centers are committed to eco- to these women who otherwise could that spark into a flame. And that is nomic self-sufficiency programs that not find work. This in itself is another what Working Capital Florida is doing are as diverse as the women served: remedy for getting off welfare and and that is what many programs women of color, women on public as- moving into work. throughout this country are doing to The microcredit concept has been no- sistance, women seeking self-employ- help women get on their feet. They ment, rural and urban women, and tably developed by Working Capital have the skills. They have the ability. women starting home-based businesses. Florida. That is the name of the group. f Therefore, it is appropriate that we It is a local nonprofit group in south pause to recognize the great work of Florida. This program serves approxi- U.S. OBSESSION WITH WORLDWIDE the Women’s Business Development mately 350 businesses in Miami, Dade MILITARY OCCUPATION POLICY Center and women’s business assist- County. The loans average about $725, The SPEAKER pro tempore. Under a ance centers throughout the country. and they have to be paid back in less previous order of the House, the gen- I take special note of the work of than a year. And guess what, Mr. tleman from Texas (Mr. PAUL) is recog- Hedy Ratner of the Women’s Develop- Speaker? These loans have been com- nized for 5 minutes. ment Center, Counselo Pope of the Cos- ing back in and being paid and being Mr. PAUL. Mr. Speaker, last week it mopolitan Chamber of Commerce, rotated and other women are taking was Saddam Hussein and the Iraqis. Jaribi Kitwana, director of the Wom- advantage of this money. This week’s Hitler is Slobodon en’s Business Development Center, and Many of the borrowers of the money Milosevic and the Serbs. Next week, Pam Bozeman, director of the Women’s comprise single-family mothers with who knows? Kim Chong-il and the Self-Employment Project, all out- not a man in the House. These are mi- North Koreans? Next year, who will it standing women in the City of Chicago nority mothers who have children they be, the Ayatollah and the Iranians? who provide immeasurable help and must care for, and certainly Working Every week we must find a foreign infi- support to other women seeking to go Capital Florida is helping them. del to slay; and, of course, keep the into business. Programs like Working Capital Flor- military-industrial complex humming. f ida provide women with the oppor- Once our ally, Saddam Hussein, with tunity to develop their entrepreneurial encouragement from us, invaded Iran. RECOGNIZING ACHIEVEMENTS OF talents. Working Capital Florida pro- Was it not logical that he might be- WOMEN-OWNED BUSINESSES vides the loans necessary to launch lieve that we condone border crossings The SPEAKER pro tempore. Under a businesses, and also provides education and invasions even into what Iraqis be- previous order of the House, the gentle- about business practices through work- lieve rightfully theirs, Kuwait, espe- woman from Florida (Mrs. MEEK) is shops and training sessions, allowing cially after getting tacit approval from recognized for 5 minutes. women to further tune their skills for U.S. Ambassador Glaspie? Mrs. MEEK of Florida. Mr. Speaker, successful enterprises. Last week U.S. Special Envoy to the it is my pleasure to welcome the In the wake of welfare reform, this is Balkans Robert Gelbard, while visiting United States and the Congress to a particularly critical time for busi- Belgrade, praised Milosevic for his co- Women’s History Month. As a member ness enterprise, and specifically busi- operation in Bosnia and called the sep- of the Women’s Caucus, I stand to rec- ness enterprise for women. There are aratists in Kosova ‘‘without question a March 10, 1998 CONGRESSIONAL RECORD — HOUSE H933 terrorist group.’’ So how should we ex- taxpayers. We should stop sending the Census Bureau is responsible for. pect a national government to treat its money and weapons to all factions. Too To develop a second plan for the 2000 terrorists? often our support finds its way into the Census means that they have to hire Likewise, our Secretary of State in hands of both warring factions and we new staff. That takes time. 1991 gave a signal to Milosevic by say- never know how long it will be for our Once that staff has been hired, they ing, ‘‘All Yugoslavia should remain a friends and allies of today to become have to be trained before they can be monolithic state.’’ What followed was our enemy and targets of tomorrow. turned loose to design a census. If to be expected: Serb oppression of the Concern for American security is a Members think that plan should be Croats and the Muslims. proper and necessary function of the ready today, they either badly mis- All our wise counsel so freely given U.S. Congress. The current policy, and understand the complexity of the task, to so many in this region fails to recog- one pursued for decades, threatens our or do not care about the quality of the nize that the country of Yugoslavia security, drains our wallets, and worst product. I for one, want to make sure was an artificial country created by of all, threatens the lives of young that the next census is the best pos- the Soviet masters, just as the borders Americans to stand tall for Americans’ sible. I fear that some of my colleagues of most Middle Eastern countries were defense, but not for Kofi Annan and the will settle for a census that leaves out concocted by the British and U.N. reso- United Nations. millions of Americans, as long as it lutions. f suits their own political purposes. The centuries old ethnic rivalries in- Finally, Mr. Speaker, I would like to herent in this region, and aggravated PLANNING THE 2000 CENSUS suggest that there is inappropriate and by persistent Western influence as far The SPEAKER pro tempore. Under a appropriate oversight. The opponents back as the Crusades, will never be re- previous order of the House, the gentle- of sampling have repeatedly claimed solved by arbitrary threats and use of woman from New York (Mrs. MALONEY) that the use of sampling left the census force from the United States or the is recognized for 5 minutes. open to political manipulation by the United Nations. All that is being ac- Mrs. MALONEY of New York. Mr. political officials at the Commerce De- complished is to further alienate the Speaker, earlier today one of my col- partment. Now, it is my understanding factions, festering hate and pushing leagues came to the floor of the House that the Census Subcommittee staff the region into a war of which we need and complained about the Census Bu- has requested to interrogate the staff no part. reau and the Department of Commerce at the Census Bureau doing some of the Planning any military involvement not providing information about the most sensitive statistical work, before in Kosova is senseless. Our security is 2000 Census. that work is completed. Why I ask? The Census Bureau of- not threatened, and no one has the fog- I am here to put the facts of the mat- fered to give the subcommittee staff giest notion of whether Kofi Annan or ter before the Members of the House so full access to any documents or indi- Bill Clinton is in charge of our foreign that they can make up their own minds viduals once the research was com- policy. The two certainly do not speak about the openness of the planning for pleted. Why is the subcommittee in- in unison on Iraq. the 2000 Census. sisting that they must have access dur- But we cannot maintain two loyal- First, let me remind my colleagues ing the research process? ties, one to a world government under that the process of planning the 2000 Census has been the most open plan- Congressional staff has no more rea- the United Nations and the other to son to interfere with this statistical U.S. sovereignty protected by an Amer- ning process of any census in history. The only thing that is closed in this process than do officials at the Depart- ican Congress. If we try, only chaos can ment of Commerce. If the political offi- result and we are moving rapidly in process is the minds of those who are opposed to sampling. cials at Commerce asked for the kind that direction. of access requested by the subcommit- Instead of bringing our troops home First, a few of the facts. As I have pointed out before, the planning for the tee’s staff, they would be turned down. from Bosnia, as many Members of Con- That is as it should be. The sub- gress have expressed an interest in 2000 Census has involved an Advisory Committee of over 50 organizations, in- committee staff needs to learn the dif- doing, over the President’s objection, ference between oversight and inter- cluding House and Senate members we are rapidly preparing for sending ference. who sit on the authorizing and appro- more troops into Kosova. This obses- The Census Bureau is an agency of sion with worldwide military occupa- priations committees and subcommit- impeccable integrity. I, for one, stand tion by U.S. troops is occurring at the tees. here ready to defend their integrity In the 102nd and 103rd Congresses, very time our troops lack adequate against any who attack it, be they training and preparation. there were several hearings on the 2000 Congresspersons, Congressional staff, Census. Unfortunately, there have been b 1830 or officials in the administration. The very few since then. The Census Bureau subcommittee staff are not being This is not a result of too little Director and the Secretary of Com- stonewalled, they are being told that money by a misdirected role for our merce have held dozens of town hall there should be no political inter- military, a role that contradicts the meetings to involve the public in the ference with the statistics of the cen- policy of neutrality, friendship, trade planning of the 2000 Census. There have sus. That is correct, and I will defend it and nonintervention in the affairs of been no secrets in the past about plan- to the end. other nations. The question we should ning the census and there are no se- f ask is: are we entitled to, wealthy crets today. enough, or even wise enough to assume Last week, there was much ado about CONGRESSIONAL CHILDREN’S the role of world policemen and protec- the plans for a nonsampling census and CAUCUS tor of the world’s natural resources? some Members have complained be- The SPEAKER pro tempore. Under a Under the Constitution, there is no cause one has not been produced. Mr. previous order of the House, the gentle- such authority. Under rules of moral- Speaker, there is a plan for the 2000 woman from Texas (Ms. JACKSON-LEE) ity, we have no authority to force oth- Census and it is a good one. Here it is: is recognized for 5 minutes. ers to behave as we believe they The Congress has asked for yet a sec- (Ms. JACKSON-LEE of Texas asked should, and force American citizens to ond plan to be developed and that is and was given permission to revise and pay for it not only with dollars, but being done. But there was no staff at extend her remarks.) with life and limb as well. And by the the Census Bureau to develop a second Ms. JACKSON-LEE of Texas. Mr. rules of common sense, the role of plan for a census when that request Speaker, I come today on the floor of world policemen is a dangerous game was made. Every available staff mem- the House for two issues that I think and not worth playing. ber of the Census Bureau was hard at are extremely important. First of all, I Acting as an honest broker, the U.S. work trying to get the 2000 dress re- would like to thank all of the partici- may help bring warring factions to the hearsal under way, or working on the pants who joined the Congressional peace table, but never with threats of Economic Census, or working on one of Children’s Caucus today in a hearing war or bribes paid for by the American the many current population programs on emotional disorders of children. H934 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Shockingly, one after another wit- through the idea of women-owned busi- The economic contributions women ness presented to our Congressional nesses. I am a major supporter of the have made to this country have been committee the fact that the services Small Business Administration’s effort tremendous, but they remain largely and funding for treating children with in helping cottage-owned industries unrecognized. We need to acknowledge emotional disorders was at the lowest owned by women. this not only during Women’s History end of any sort of health care service in In fact, there was a pilot program in Month but every month. this country. In fact, we were told by Houston, Texas, spearheaded by Milton As a former businesswoman, I know the administration, that two-thirds of Wilson of our SBA, that helped to fund how difficult it is to break into busi- America’s children needing assistance what we call cottage-owned agencies, ness, period, and how particularly dif- with emotional disorders are without such as Mary Kay, which has been ex- ficult it is if you are a woman. Every treatment and care. We are also told of panded by the one-stop capital store. business needs capital to succeed. In the complicated process of HMOs that The U.S. general store allows small our business-friendly environment, one does not cover care for emotional dis- businesses to go in and access con- where we value hard work and entre- orders and mental illness in children. tracts in the Federal Government all preneurship, one would think that all In fact, running between two hear- over the country. The one-stop capital talented, educated individuals would ings, one of the remarks that I made in store allows small businesses and have access to capital. coming to the Congressional Children’s women-owned business to access cap- Despite the tremendous advances Caucus hearing on this matter is that ital. women have made in every field, access we might even call the system bank- If I ever heard anything from our to capital is still a significant problem rupt; the fact that our children are so women-owned businesses, it is that it for many women. There are still banks very important and when, in the great- is so difficult for them to prove them- that deny business loans to qualified est need of their time, when they are selves as a worthy credit risk. How women entrepreneurs. young, when they may be suffering shameful in 1998 that we still have the The Congressional Caucus for Wom- from attention deficit disorder or they problems of saying the little lady can’t en’s issues last year heard testimony may be suffering from depression, we in handle it. from a number of businesswomen own- this very powerful nation do not have Well, let me salute all the women- ers who stated that they were forced to the wherewithal or funding to fix these owned businesses who have turned into use credit cards to finance their first broken lives. the big ladies who are doing quite well. business ventures. But despite the bar- Parents came and presented to us Let me encourage them to continue to riers that women business owners have tragic instances of suicide and what be the pioneers that they are. And let had to face, they have continually could have been done or what should be me say to them that I, for one, will proven themselves to be a success. done to prevent this. But more impor- give to them my full commitment for The nearly 8 million women-owned tantly, what they did say to us is this ensuring that they are treated with the firms in the United States provide jobs is something that could be remedied. A dignity and equality for capital, for in- for 15.5 million people and generate child aged 7 or 4 or 5, 8, 10, 12 or a teen- vestment, for access to opportunities, nearly $1.4 trillion in sales. The num- ager suffering from depression can be and for access to opportunity in this ber of women-owned companies in- helped. That family can be helped. government. creased at twice the rate of male- Why, in this powerful country, do we I close by simply saying that women- owned businesses from 1987 to 1992. spend so much money on so many dif- owned businesses have benefitted from Businesses owned by women are ex- ferent things; do we argue and debate affirmative action. And for all my col- tremely stable. For example, nearly on the floor of the House on so many leagues who might be listening, that is three-quarters of the commercially different things, and yet we cannot find why I think it is extremely important women-owned firms that existed in 1991 the funding or any of the resources to to turn back anyone who attempts to are still successfully operating today. truly help those children who are in undermine what affirmative action However, in comparison, only two- need? stands for, providing an equal oppor- thirds of all commercially active firms With that, Mr. Speaker, I would like tunity, acting affirmatively to open in 1999 are successfully operating to say that I will be looking to offer the doors of opportunity for all. today. legislation to increase the amount of f funding that we have to implement b centers around the country, some cen- WOMEN’S HISTORY MONTH 1845 ters, that we now have only 31 centers The SPEAKER pro tempore. Under a I am especially proud of the fact that in 22 States, 22 out of 50 States, where previous order of the House, the gentle- my home State of California leads the we have the resources to help our chil- woman from California (Mrs. country in the number of women- dren suffering from emotional dis- TAUSCHER) is recognized for 5 minutes. owned business firms. There are nearly orders. And clearly, I will be looking to Mrs. TAUSCHER. Mr. Speaker, I rise 1.1 million women-owned businesses in question HMOs as to how they treat today in honor of Women’s History California, which employ approxi- the reimbursement to families for cov- Month and in particular to pay special mately 2.3 million people and generate erage of this whole question of mental recognition to the millions of women $314 million in sales. or emotional disorders of our children business owners in the United States Women-owned businesses make a dif- and hope to support House Resolution today. I think that it is particularly ference in the economic health of not 212 sponsored by John Lewis that em- significant and important that we only the State of California but the en- phasizes the importance of this ques- honor the nearly 8 million women- tire United States. In return, we must tion. owned businesses that exist in the do more for them. TRIBUTE TO WOMEN-OWNED BUSINESSES United States, because the right of a Encouraging women to start their Let me complete my remarks, Mr. woman to legally own or run a business own businesses, for example, is an ex- Speaker, by saying that I do want to has been won only very recently in the cellent way to move them off the wel- pay tribute to women-owned busi- course of United States history. fare rolls. Microcredit programs across nesses. Certainly, one would ask the Women were historically denied the the country provide low-income women connection. But I thought these were right to legally run a business or hold with marketable skills; many of them two important issues that I needed to assets in their name, which prevented are moving from welfare to work with mention this evening. them from ever achieving financial small loans to start their own busi- My tribute to women-owned busi- self-sufficiency. This is not to say that nesses. These women might set up nesses is simply this: These represent women did not run businesses or make something as small as a stall in a flea the backbone of America’s economy. financial decisions every day. They not market or as challenging as a catering How many women do I meet who are only ran shops and mercantiles, but service. Whatever business they choose moved out of the workforce without farms and other businesses on a regular to start, the fact is that they are work- any opportunity for employment and basis. But this was done in the name of ing to make themselves and their fami- have found economic independence a husband, a father, a brother, or a son. lies self-sufficient. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H935 Women are twice as likely to start a Many of us have talked for the last and health providers in its network to business as men, and we must encour- year or so about the types of things ensure that they get the care they need age that and ensure that a level play- that should be included in an effort to on a timely basis, that they would have ing field is available to women for ac- reform managed care. The President the right to choose to see providers cess to capital and information. In 1995, had an advisory committee that issued outside their health plan, that they as a small business owner, I was a dele- a report that went through various pa- would have the right to see specialists gate to the White House Conference on tient protections that could be in- when necessary outside their health Small Business where many of these cluded. At the same time, in his State plan, that they would be guaranteed issues were discussed. Now, as a Mem- of the Union address the President that their doctor would be allowed to ber of Congress, I have not forgotten talked about the need for patient pro- tell them about all their treatment op- the issues that we discussed then and I tections and basically called upon the tions, that is, no plan would be able to believe that we need to bring them Congress on a bipartisan basis to pass use gag rules to restrict doctors’ com- again to the forefront. managed care reform. I have actually munications with patients, that they I would like to take a moment to ac- introduced a bill, a number of our col- would have access to emergency care knowledge the many women who leagues have introduced legislation without prior authorization in any sit- fought so hard for the right of women that would put patient protections in uation that a prudent lay person would to achieve economic self-sufficiency. effect in the context of managed care regard as an emergency. Let us carry on that tradition by hon- organizations. For women with breast cancer, they oring the millions of women business But what has not happened and what would be allowed to stay in the hos- owners today and by supporting the needs to happen is that this House and pital following surgery for a minimum millions of business owners we have to this Congress must pass legislation and of 48 hours for a mastectomy, or 24 come. should get to doing so as quickly as hours for a lymph node dissection. For f possible. The time for talk is over. The a women to be guaranteed the right to time for action is now. We do not have direct access to their obstetrician-gyn- REPORT ON RESOLUTION PROVID- a lot of time left because of a shortened ING FOR CONSIDERATION OF ecologist and be able to choose their legislative calendar in 1998, and I think obstetrician-gynecologist as their pri- H.R. 992, TUCKER ACT SHUFFLE we need to move in committee, we need RELIEF ACT mary care physician. to move on the floor and we need to When a service and procedure is cov- Mr. HASTINGS of Washington, from move in both Houses towards managed ered by their plan, that they be guar- the Committee on Rules, submitted a care reform. anteed that they and their doctor, not privileged report (Rept. No. 105–430) on I have to say that I believe very the insurance bureaucrats, would de- the resolution (H. Res. 382) providing strongly from every indication that I cide what care is medically necessary for consideration of the bill (H.R. 992) have received that the Republican for their treatment, that they be able to end the Tucker Act shuffle, which leadership is not interested in moving to get authorization for care from their was referred to the House Calendar and forward on managed care reform. There plan in a timely manner based on clear, ordered to be printed. has been a tremendous amount of objective written guidelines, that they f money coming from special interest be guaranteed that if they were denied groups, from the insurance companies, REPORT ON RESOLUTION PROVID- care by their plan, there would be a in particular, that have been lobbying ING FOR CONSIDERATION OF timely, reasonable and meaningful sys- Members of Congress not to pass a H.R. 1432, AFRICA GROWTH AND tem of recourse for those with life- managed care reform or patient protec- OPPORTUNITY ACT threatening illnesses allowing them to tion act legislation in this session of participate in a clinical trial for exper- Mr. HASTINGS of Washington, from Congress. the Committee on Rules, submitted a The Republican leadership has been imental therapies at no extra cost to privileged report (Rept. No. 105–431) on out there saying that they do not want them, that they have protections the resolution (H. Res. 383) providing to do it, and I think what we have to do against discrimination on the basis of for the consideration of the bill (H.R. as Democrats and those Republicans health status, genetic information and 1432) to authorize a new trade and in- that are willing to join us, is to push other factors, that for women who have vestment policy for sub-Saharan Afri- the Republican leadership. Because had a mastectomy, guaranteed cov- ca, which was referred to the House they are in the majority, we have to erage for reconstructive breast sur- Calendar and ordered to be printed. push them to bring this legislation gery, that they have access to medi- f through committee to the floor so that cally necessary drugs, that they be guaranteed that their health plan does REPUBLICAN LEADERSHIP NEEDS the President can sign it. I have to say that this is a very im- not use discriminatory practices when TO ACT NOW ON BASIC PATIENT portant issue for our constituents. choosing doctors or other health pro- PROTECTIONS Every time I go back home and hold a viders who participate in its network, The SPEAKER pro tempore (Mr. JEN- town meeting, constituents ask me that they be guaranteed that their KINS). Under the Speaker’s announced when Congress is going to provide com- health plan would be subject to these policy of January 7, 1997, the gen- mon-sense managed care reform. new protections regardless of whether tleman from New Jersey (Mr. PALLONE) In New Jersey, the voters spoke loud it is licensed at the State or Federal is recognized for 60 minutes as the des- and clear and the State legislature, level and that they be provided full, ignee of the minority leader. along with Governor Whitman, a Re- relevant information about their plan, Mr. PALLONE. Mr. Speaker, this publican, enacted model patient pro- including which benefits are covered evening I would like to discuss an issue tections. It was not radical legislation and which are excluded, what the indi- which I have addressed on the floor of in New Jersey. It has not substantially vidual costs are, what the plan policies the House many times before and prob- increased costs as the special interest are regarding authorization and denial ably will deal with a lot more as we lobbyists would have us believe. In- of care and what their plan’s policies move through the session in this year, stead, it was principled on choice, ac- are regarding selection and payment of 1998; and that is the need for managed cess and quality health care. providers. care reform. Let me just give my colleagues an Mr. Speaker, these are a few of the I believe that the American people idea, if I could, about the types of common-sense provisions that the have the best health care in the world. things that we are talking about when American people want enacted. New Unfortunately, the quality of care is we talk about a Democratic managed Jerseyans in my State are fortunate to being limited by HMOs or managed care reform initiative. have a responsive State legislature care plans. I think that Congress must Basically what we are saying is that that addressed these issues but unfor- act now to enact basic patient protec- individuals enrolled in managed care tunately not all in New Jerseyans will tions, but to put the ‘‘care’’ back in plans would be guaranteed that their be able to enjoy the same level of pa- managed care. health plan will have enough doctors tient protections. That is because the H936 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Employee Retirement Income Security chronic mental problems. Her daughter I think what I am going to do at this Act of 1974, ERISA, says that State Kristin’s medical problems began point is to stop here in talking about laws do not apply to companies that shortly after her birth. At 6 weeks of Ms. Bolinger’s case, because I can go self-insure. This means that many of age, she developed unexplained intrac- back to it later on, because I want to, the constituents of my State are left table seizures. Because of the severity if I can, give time to one of my col- without adequate health care quality and the debilitating effects of her con- leagues from the Committee on Com- standards. dition, she must be followed by many merce, the gentleman from Texas (Mr. In a sense there is a two-tiered stand- specialists and undergo many special- Green). He, I know, has been involved ard in my State and in many others. ized and expensive diagnostic tests. with this managed care issue for some Only Congress can act to address this ‘‘Today, that was in January, Kristin time now and has had many experi- shortfall. ERISA comes under Federal remains nonverbal and nonambulatory ences in his own district where people law. and requires customized durable medi- have come up to him and talked about The Democrats are gearing up to cal equipment for every aspect of daily some of the problems that they have fight for the rest of the American living. Customized equipment is also had. public’s right to common-sense, qual- needed to prevent and minimize the ef- b 1900 ity health care. We understand that it fects of orthopedic problems. She also is good that State legislatures passed requires physical and occupational Mr. GREEN. Mr. Speaker, I want to these individual laws in their State, therapy to enhance and maximize her thank my colleague from New Jersey but it does not apply to a lot of people potential in terms of her orthopedic (Mr. PALLONE) for requesting this hour who are self-insured. It also obviously status and general medical condition. special order talking about managed does not apply from one State to the ‘‘During Kristin’s infancy and early care and patient protection. A lot of other. That is why we need Federal ac- childhood we were fortunate enough to folks, though, and I found out in my tion. have a fee-for-service insurance plan. own district in Houston, I represent a I am pleading with the Republican As long as our medical documentation very urban district, we had a managed leadership not to sit on the sidelines. was current and in place, in other care town hall meeting not yesterday, They have to basically realize that re- words, prescriptions, follow-up care but the week before, and just asked gardless of what the special interests and letters of medical necessity, we did senior citizens, average working folks, say, this is the type of legislation that not encounter problems obtaining ade- we had physicians, providers, even the American public wants, that the quate and proper medical care regard- some hospital representatives come American public needs, and that we ing all areas of our daughter’s acute talk about managed care. should be addressing here during our and long-term care. In 1993, however, What I found out is that first of all, debate this year in 1998. our insurance plan was changed to an for the discussion tonight, we need to One of the things that I noticed, Mr. HMO.’’ make sure that people know that some Speaker, is that when we have forums This is something, Mr. Speaker, that States like New Jersey and Texas have back in my district in New Jersey, and of course has happened to many people passed legislation but that only covers we have had some and we are going to who had a fee-for-service plan where insurance policies or HMOs that are li- have a lot more on the issue of man- they could choose their doctor and censed to practice in that State. aged care reform, that many people switched and were forced basically be- A great many employers come under will show up and basically tell the cause their employer switched to an what we call the ERISA Act. It is a story, if you will, about their individ- HMO. Federal act that was passed in the Ms. Bolinger goes on to say that at ual problems that they have had, or early 1970s. Because so many of our em- that point, when she changed to the their children have had or their moth- ployers are multi-State and sometimes HMO, ‘‘We encountered many difficul- ers, their fathers have had, or friends multinational, an employer in Texas ties regarding Kristin’s medical care. and New Jersey, obviously, they would with managed care plans that have de- According to the plan, we had to not want to have to jump through both nied them coverage or denied them cer- choose a pediatrician who had con- restrictions in each State, so Congress tain services, and how difficult it has tracted with the HMO to serve as her passed something that said, okay, you been for them to appeal with the denial primary care physician. The pediatri- can come under Federal law for your of certain coverage and to get through cian who had been seeing Kristin for health care, and so many of our con- the bureaucratic process that many many years was not a participant in stituents now come under Federal law. managed care plans necessitate when the plan. Likewise the specialists who So what is happening, though, is that you try to get some service or some had been treating her for so long also we are lagging behind some of the inno- procedure that they deny or that they were not plan participants. will not allow. ‘‘My husband and I were very upset vative efforts that States are doing to I could give my colleagues many ex- over this change and need to give up provide for more patient protections. amples of that, but I wanted to give the excellent care Kristin had been re- Both the bill of the gentleman from one example tonight because this was a ceiving from these physicians. We were New Jersey (Mr. PALLONE), and of woman who came to our hearing that very concerned about the future of our course the gentleman from Georgia we held in January. Her name is Cheryl child’s health care. Nevertheless, we (Mr. NORWOOD) has his bill that has Bolinger. She in particular, I thought, tried to be optimistic, and we visited a over 200 cosponsors, and the gentleman explained very well the morass or the plan-approved pediatrician who would from New Jersey (Mr. PALLONE) and I maze, if you will, that one has to go serve as Kristin’s primary care physi- are members of the Democratic Health through when trying to get the man- cian. To our dismay and disappoint- Care Task Force where we are working aged care plan to approve a service or ment, we were not satisfied with the on legislation that will be similar on procedure that they do not want to ap- level and quality of care provided. managed care reform, patient protec- prove. ‘‘Our freedom to choose a suitable tion reform. The gentleman from I do not know if I am going to read physician for our child, while receiving Michigan (Mr. DINGELL), our ranking the entire thing, because I know I am adequate insurance coverage have been member on the Committee on Com- going to be joined by another Member taken away by the HMO.’’ merce, is putting that together and here, but I wanted to at least start If I could just stop here, Mr. Speaker, will be the lead sponsor on that. with some of the testimony that Ms. from Ms. Bolinger’s statement before We need to ensure that every Amer- Bolinger gave at a hearing that I held, our hearing, this is, of course, the prob- ican enrolled in an HMO or a PPO or a along with Senator TORRICELLI, back in lem. Now that people who for many PSO, also known as managed care, gets January on the issue of managed care years had been taken care of by pri- first-rate health care with benefits and reform. mary care physicians whom they knew the quality and the protections that She said that she is the mother, Mrs. and whom they respected and who they both they come to expect and that they Cheryl Bolinger from New Jersey, of a felt were doing a good job, now all of a also deserve. Americans should not be 15-year-old child who has multiple de- sudden had to be replaced by someone required to give up access to their velopmental disabilities and complex within the HMO. quality health care just because we in March 10, 1998 CONGRESSIONAL RECORD — HOUSE H937 Congress are not doing our job in quality health care by requiring these we need to make sure that our medical bringing the Federal law into the same HMOs or insurance companies or man- records are as confidential as possible realm that the private industry is aged care plans to provide patients and yet still allow for research. But doing. with access to specialists, coverage for with what is happening in the National The gentleman and I were both here emergency services which cannot be Institutes of Health and the discovery in 1993 and 1994 when we heard the fear denied by the plan. I have heard it, and of genetic makeup of ourselves, we of government-run insurance. Well, we I have heard it from other Members of need to make sure that we protect indi- did not pass any of those bills and now Congress, and I have had constituents viduals so that they are not excluded we do not have government-restricted who have gone to an emergency room from health care because of their ge- care, we have industry-run insurance. because they had chest pains, and be- netic makeup that they do not have So we have seen the fear of 1994 and cause they did not have time to pre- anything to do with, because we are 1994 come to light, and in 1996, 1997 and clear going to a different hospital than forcing them then onto the public sys- 1998, because we are seeing restriction was on their plan, their plan will not tem where all taxpayers have to pay. in choice, and it is not because the gov- pay for it because their chest pains In the patient participation in medi- ernment is telling someone that they turned out to not be a heart attack. cal decisions, during our town hall have to do it, it is because the market Well, the gentleman and I are not meeting on health care about 8 days is doing that. Employers are trying to physicians and we are not the people, ago I had a hospital come in, it is cut the cost for their bottom line, and and neither are our constituents, that Texas Children’s Hospital in Houston, I understand that and I am for that, should diagnose their illnesses. They that is a secondary HMO, because they but I also know that is what one can go immediately because we know with only deal with children, and they do, when we are seeing a cutting of the heart conditions, the quicker you get talked about the scenario that they are cost and also a cutting of the benefits to health care, the better. So that is a recent HMO, they have only gotten in and what people are assuming hope- why it is important to have easy access the business as a PSO or provider serv- fully will be quality health care. to emergency services. ice organization. There are some great managed care Also, internal and external appeals But one of the things they want to do networks in our country, and some of process, so if someone is watching who is sit down, and they are doing it with them are really good. What I would is making those decisions, that is what the parents and the children, so that like is just to have, whether it be the is important; and then confidentiality the parents will know, and it is even Norwood bill or the Pallone bill or the of medical records. more important with children, because Dingell bill, that would just give some Mr. PALLONE. Mr. Speaker, if I as a parent we are concerned about guidance to managed care networks in could just interrupt my colleague for a what happens to our children, so we our country so people will know what second on that last point, when I was want to make sure that those decisions they can expect, that they have some using this example of Ms. Bollinger as are made cooperatively and that we un- flexibility; that, importantly, they one of the people that has written to derstand what is happening with our should not lose control of the decisions me and talked to me about the problem children. Like I said earlier, similar regarding their personal health care. that she had with her child, one of the protections have been made in health Although I have to admit trends are things that was most important to her insurance reform, like I said, in the bleak unless we pass legislation, the was the last thing you mentioned State of Texas and also in New Jersey, picture is limits on access, limits on about the grievance and appeal proce- but the State of Texas reform is being information, and even limits on ac- dure. Because my colleague under- challenged by one of the insurance car- countability. The trend is not accept- stands and I understand, but I think a riers. But the problem exists here on able and must be corrected by those of lot of people do not, that if you are an the Federal level. The States can only us who the people elect in Congress to individual like her that has a daughter do so much, and we have to respond to deal with that. that needs this kind of care that has our constituents. An individual in my district, they do been denied, it is very difficult, first of I know I have a colleague from Texas not have the ability to negotiate. Their all, in that strenuous situation which (Ms. EDDIE BERNICE JOHNSON) who has employer often does, and I have even she was in, to be calling up the bureau- a health care background, is a nurse, had employers who come up to me and crats and telling them this is what you and I have had the honor of serving say, ‘‘I would like to have some guid- want them to do, and getting the pa- with the gentlewoman for 25 years, and ance.’’ Our concern is to provide the pers together and trying to find a I have always looked for her guidance best care for our employees at the means, if you will, to overturn a deci- with her health care background be- cheapest rate and the cheapest price. sion that they have made to deny the cause I do not have any health care But there is bound to be a convergence care. So if there is not some sort of ex- background. I was a printer and a law- of that, and I do not think we are see- pedited procedure that is easily yer and a business manager. So the ing that, whether it be in my district accessed by someone to make an appeal gentlewoman has been able for many or around the country. or to express a grievance, they are not years as a State legislator and here in It is time for the managed care com- going to be able to succeed in changing Congress to help bring us that perspec- panies, the insurance companies and the decision the insurance companies tive to us in Congress. the plans to be more accountable in de- made. But that is why it is so important for livering quality care and respecting So I just wanted to mention that, be- us in Congress to respond, whether it is basic human rights, consumer rights. cause even though it does not seem the Norwood bill, or Pallone bill, or By setting this standard and the guide- like it is very important, it is crucial Dingell bill. No matter what we do, we lines, what we could have will be an ef- to these people that are trying to get have to address the need for reform and fective tool for delivery of first-rate justice and make sure that the cov- the way health care and managed care health care. But it also will give peo- erage is there. and HMOs are delivered, and follow the ple, the consumer, the ability to know Mr. GREEN. Again, it is just some lead of a lot of States that have tried that when they go out on the market, guidance so people will know that if to do this as best they can with the whether it is as an employer or em- they make that call for pre-clearance, State insurance policies. We have to do ployee, they will also know some of the that if that decision is made that they it on a national basis. guidelines that each company that is have some appeal process, and that is Mr. PALLONE. Mr. Speaker, I appre- bidding on their business would have to just fair. I do not want to particularly ciate the gentleman’s remarks, and I comply with. go hire a lawyer to do it, I just want to just want to point out what the gen- Our health care task force and our have some process that that layperson tleman pointed out over and over full committee and our subcommittee, can do. again, that this is really pretty com- we have not had as many hearings as I The confidentiality of medical mon sense. The things that the gen- would like to have, but our Democratic records, I know it is part of the Presi- tleman listed are things that we really Health Care Task Force has adopted an dent’s plan; and also, with what we are should have in place on the Federal agenda that will assure patients high- concerned about with genetic privacy, level. Even though it is true that the H938 CONGRESSIONAL RECORD — HOUSE March 10, 1998 gentleman’s State and my State have nobody knows what we are talking nization. However, there ought to be adopted some patient protections, it about, but it is really a very simple choices within that network. Personnel does not help a lot of people, even in thing to address the concerns that pa- does not always click with personal- our own States, and certainly does not tients have now. ities. help anybody who is not in our States, I suppose that one of the major con- Often, physicians as skilled as they and that is why we need Federal ac- cerns is the fact that they cannot are, might have particular areas with tion. choose their own physician, which which they show concern, and they are Maybe tonight we can go through often makes it so that they have to very interested in a particular area and some of these patient protections in a travel miles across town to get to might not be as interested in another little more detail and give some exam- where they need to go, and this is espe- area. ples of how it might impact people, be- cially a problem in a large metropoli- I think that patients ought to have a cause I think as the public understands tan area that I represent a major part right to choose within that network what we are talking about, they under- of. When we have people that live 25 what physician they see, because that stand how simple and common sense and 30 miles away from the nearest of- patient/physician relationship has a lot these principles are and why they fice of an HMO, and they are elderly to do with the progress of that patient. should be enacted into Federal law. and they are depending on public trans- This is a new experience anyway for Ms. EDDIE BERNICE JOHNSON of portation, it makes it very difficult to these patients, and just having that op- Texas. Mr. Speaker, will the gentleman get there. And if they work, it makes it portunity could make it a much more yield? almost impossible to get preventive acceptable experience for them. Mr. PALLONE. I yield to the gentle- care, which is primary care, which is We recognize that the cost of health woman from Texas. the least expensive care, which is the care soared. We understand that these Ms. EDDIE BERNICE JOHNSON of most important to invest in, because interventions are for the purpose of controlling some of that cost. But Texas. Mr. Speaker, I thank the gen- once someone gets the information, when we have to give up all of the qual- tleman. learns how to take care of themselves, ity, it is not worth it. We have to There is real concern going on, be- it reduces the health care bill because maintain a level of quality that our pa- cause as we began to talk about the pa- they do not have to go as often when tients can do well with. In order for tient concerns, we began to see ads they have that information. coming onto television to attempt to them to do well, they absolutely have b actually frighten people. I think that 1915 to have some choices. Not everyone can what we are attempting to do now Mr. PALLONE. Mr. Speaker, if I go to the hospital with the same diag- makes a lot of sense. could interrupt 1 minute, I think this nosis and get out in 3 days. It might As long as we have health care that issue of choice of doctors is so crucial take some 5. is focusing on how much dollars the in- to the whole emphasis that we as Mr. PALLONE. If I could ask the surance companies can save and how Democrats are putting on managed gentlewoman from Texas to yield back much they make, and they make a lot care reform. The President has talked to me, I think it is particularly impor- of money, then we get away from pa- about this, and, of course, as the gen- tant when the gentlewoman talks about access to specialists, because, of- tient basic needs. Clearly, we want tleman from Texas (Mr. GREEN) men- every business, legitimate business to tioned, our health care task force, tentimes, the HMO, the network will make money, but in health care when which is about to put out a bill that not have the specialty care that is needed. And I think that there should it is only focused on how much the in- the gentleman from Michigan (Mr. DIN- be a guarantee. surance companies make, we tend to GELL) is going to be the lead sponsor of, One of the things we have talked get away from basic human desires and talks about patient choice. about as part of this managed care re- needs. I believe we have gone too far, I am not saying, and I do not think form, that if the plan, if a network we can maybe say that, in a network, and I think that is one of the reasons does not have a specialist that is quali- in an HMO network, that we have to why bipartisanly concerns now are fied or can handle that particular situ- guarantee in every case that we can being expressed here in the Congress. ation, that we should be able to go out- We are seeing situations where pa- choose any doctor we want. side of the network to get the special- Ms. EDDIE BERNICE JOHNSON of tients are being taken away from the ist. That is another complaint that I Texas. No. I do not think that makes doctors they have had for 25 or 30 hear quite a bit about. years, and they do not get an oppor- sense. Ms. EDDIE BERNICE JOHNSON of tunity to get to know who the doctor is Mr. PALLONE. But that maybe Texas. That is correct. Clearly, that is on that staff because they do not spend would break up the whole idea of man- why we have specialists, because cer- any time with them. The anxiety levels aged care. tain physicians specialize in areas that go up, and often the interventions, the Ms. EDDIE BERNICE JOHNSON of are needed. We need the specialists. If contact the patients might have might Texas. That is right. patients do not have access to those increase instead of decrease. Mr. PALLONE. But at least people, specialists, then we are not offering We see a number of people in my dis- when they initially choose a plan, them the greatest opportunity for re- trict that are complaining about get- should have a choice that, if they want covery or for getting the best informa- ting sick after 5 o’clock, or getting to a point of service option so they can go tion that they can have, the best ap- the office of an HMO about a quarter to outside the network, they can. proaches for taking care of themselves. 5 and they close at 5 and they will not That means they might have to pay a Clearly, a majority of the long-term let them in, and if they are really sick little more of a nominal fee; I do not care can be self-administered. But they they have to go to the emergency have a problem with that. But there must have the information, they must room, which costs twice as much as has to be some way so that people have have access to the right and the best having a simple intervention. When pa- the option of choosing a doctor if they information in order to do well and to tients have to give up physicians that are not satisfied with the doctor they prosper healthwise after making the know them individually and know have. intervention with the health care pro- their records, because no matter what That is the problem I think that so vider. the illness is, individual bodies react many people bring to my attention We cannot get away from having differently, and when they have had now that they do not have that choice some type of individualized care. We the same physician for a number of anymore. It has been denied them. cannot wholesale all health care. years and all of a sudden they have to Ms. EDDIE BERNICE JOHNSON of Human beings are different. They react give that physician up, it affects that Texas. Yes. It is clear that, if every to medications differently. They do patient negatively. person chose every doctor that they better under various different cir- The complaints are so great that I do wanted or not wanted to move from cumstances. That has to be taken into not know how we can address them any physician, it probably would inter- consideration. without this legislation. When we talk fere, clearly it would interfere with the When we get to the point where abso- about Patient’s Bill of Rights, often concept of a health maintenance orga- lutely no individualized opportunities March 10, 1998 CONGRESSIONAL RECORD — HOUSE H939 are there for patients, then we have That is not the appropriate way to ad- of it is preventative, and we end up gotten away from the real meaning of dress problems. helping people so they do not get sick- having health care and really even hav- Mr. PALLONE. One of the areas that er. ing specialists. concerns me the most in this regard is Ms. EDDIE BERNICE JOHNSON of We have come to a point where we emergency care, because what I find in- Texas. One of the fallacies of a system must allow a physician to practice creasingly is that the people are denied that has failed us is distrust, one of the medicine. Physicians are trained. They emergency care in the emergency outcomes. Once the patients distrust a are educated. They must be allowed to room, or they are allowed into the system, the cost of it generally goes practice medicine. emergency room, and they are provided up, because there are more complaints, Insurance companies simply cannot care, and, later, the health insurance more anxieties, more concerns, and not practice medicine for that physician. company does not cover it because confident that the quality of care will They must be given the leeway of prac- they say it was not necessary; it was be there. tice so that they can look at that pa- not an emergency. Mr. PALLONE. If I could give the tient and determine what is best for So one of the things I think is really gentlewoman an example, just an ex- that patient. We have gotten a little crucial is this sort of prudent ample of this, when my wife and I had bit away from much of that. layperson standard; in other words, our son 2 years ago, they had just im- that you have to be provided and you I have had numerous visits from hos- plemented this policy with the preg- have to cover the emergency care if a pital staff, from physicians themselves nant women that they were only al- rational or reasonable person would asking for that right to have the oppor- lowed the 2 days for a C-section, be- think that that was an emergency, tunity to simply practice their art. cause he was born with a C-section. again, a decision based on what a doc- That is what they are educated for. She had a C-section. They have the expertise. tor would think or what the average patient would think, not what the in- As they were about to release him No insurance company can make from the hospital for the 2 days, they that determination for individual pa- surance company would think. Because I am getting more and more had a pediatrician that was required, I tients. Sure we can have broad cat- think under the law, had to come in egories, but physicians must retain cases where, as I said, either people have been denied emergency care or and look at him before he was checked their right to practice. out. They found that he was jaundiced. Mr. PALLONE. If I could interrupt they simply do not cover it, and they send them the bill on their own, which So they let him stay an extra day. the gentlewoman from Texas again, we They let her stay an extra day. had a perfect example of this, of they cannot afford, which, as we know, If that had not happened and had not course, with the drive-through deliv- emergency room care can be exorbitant been detected, he could have easily eries for pregnant moms, where it had if we are paying for it privately. gone out of the hospital, gotten worse gotten to the point where many of the Ms. EDDIE BERNICE JOHNSON of Texas. That is correct. If someone gets with the jaundice, end up having to women, when they went to the hos- ill in traffic on their way home from come back to the hospital and stayed a pital, actually had to leave within 24 work, and they happen to stop by an week or more, which would, of course, hours. cost more money. It did not matter whether or not the HMO, I had a constituent that this hap- pened to just recently, 15 minutes be- So, to me, a lot of this is just pre- physician thought that was appro- fore it is to close, and be told to come ventative and actually saves the sys- priate or whether the women felt that back the next day because they are tem money in the long run. it was not appropriate, the health in- getting ready to leave. The person has surance company said that is it. She is Ms. EDDIE BERNICE JOHNSON of to go to the emergency room, and he there for 24 hours. I think it was 2 days Texas. Oh, indeed. Most obstetricians ends up being hospitalized. Then that for C-section. Again, I think that was a will tell us that depression and anxiety is a situation that can only be gov- perfect example. after childbirth, especially for the first erned by a change of attitude where Ms. EDDIE BERNICE JOHNSON of child, is very common. If that mother the attitude is toward the care of that Texas. And for mastectomies. is forced to leave the hospital while patient rather than watching the clock Mr. PALLONE. Exactly. It has got to they are still in a real state of uncer- for an employee making a decision at be that that decision is made by the tainty and not confident whether they the door before a physician is even doctor with the patient, not by the in- know exactly what to do, they are seen. more likely to exaggerate and exacer- surance company. Unfortunately, that This is when the system is out of is getting to be the case with so many bate those symptoms than to have control. When the price tag goes up, their anxieties alleviated. different types of care, not only the cost emotionally and physically to mastectomies and child birth, but so Clearly, just 24 hours, which we saw the patient is greater because the em- the need to correct in the last Con- many of the situations. ployees say it is 15 minutes before it is Ms. EDDIE BERNICE JOHNSON of gress, is not enough to ensure that that time for us to get off, and we simply anxiety will not cause unnecessary Texas. That is why it is so important cannot take care of it today. I do not that we consider legislation now, be- bleeding and lots of other symptoms want to be here overtime. that might occur. cause it gets to be rather unmanage- Mr. PALLONE. One of the things able to have to bring every particular that the gentlewoman has really When we insist upon these very hard ailment before this Congress to legis- brought out, and I think is so impor- decisions, notwithstanding what that late for that particular ailment. tant, is that the emphasis, again, has individual reaction might be, then the We need a systemic type of approach. to be on the quality of care and not so system has gotten away from the Unless we have an overall general ap- much on the cost of it. We understand human part of it. That is a major part proach as we get the outcry from our that managed care reform has brought of healing. That is a major part of well- constituents around the country, we great cost savings, but the bottom line being with anyone who has a physical will be piecemealing it. Every year, we is that now it is just out of hand. symptom. will put something else to be covered If we implemented these patient pro- It seems to me that, under the cur- by an insurance company or how it is tections that we are talking about, the rent system, without correction, we to be covered. That also is not a wise cost really is very minimal. I know have just said it does not matter. It way to do the reforms for our health that that is an argument that is used really does not matter. As long as we care system. that, oh, this is going to increase costs, stay within the guidelines of this in- We need a more organized, a more in- but I do not believe it when we are surance company, that is all that mat- tellectualized way of approaching these looking at the kind of common sense ters. problems. But if we fail to do that, we approaches that we are talking about I do not believe this country is ready will have to continue to look at here that there is any significant cost for a system that does not care. I think mastectomies one year, childbirth the increase. that is why the outcry is now. It is not next year, prostate surgery the next It seems to me, in the long run, we that people do not respect and do not year, and something else the next year. will probably save money, because a lot feel the need for some type of reform. H940 CONGRESSIONAL RECORD — HOUSE March 10, 1998 b 1930 will continue to talk about it is be- I just cannot imagine myself, if it It is just that when that reform be- cause we know that we need to push was my daughter or my son, to have to comes so calculating, so antihuman them to bring it up. Otherwise, it is go through this experience to get the that it becomes then a failed system. not going to happen this year. proper care and to make the appeals That is why we have the outcry now. Ms. EDDIE BERNICE JOHNSON of and to deal with the objections and fol- It does not take a lot of big govern- Texas. Mr. Speaker, I thank the gen- low a grievance procedure. She was ment to correct it. It really takes a tleman for his leadership. I hope that spending, from what I can see, more very few simple steps to do it that will we can depend on our Republican lead- time doing this than she was with her not be costly. As a matter of fact, I ership to be responsive to the voices of job. She was not a woman who was in think the costs will be greater to ig- the American people. a position to be able to spend the time nore the demands of our general public. It is not just Democrats that we are from 9:00 to 5:00 taking appeals of deci- This approach is not partisan. It is hearing from. My district has as many sions that were made by HMOs. really not going to be solved based Republican voices speaking out and So many people face this on a regular upon any hard-core decisions. It is asking for some type of redress as do basis. Fortunately, her daughter had a going to be solved with us recognizing Democrats. It is an issue that all mother who had the willingness and that patients across this country from Americans have concern about, espe- aggressiveness and understanding all income levels, all walks of life, are cially those working Americans who about what to do, but many people do rejecting what their experiences are cannot actually pay for the cost of not. That is the problem. That is why health insurance in an independent now. I believe we restore the con- we need our legislation. plan. fidence and restore some quality that We know we have to have these larg- Ms. EDDIE BERNICE JOHNSON of patients deserve when we can address er, supposedly affordable plans. But Texas. Let me just quickly say that I this through this simple, what we call these plans do not work with gag or- am from Texas. It is not known to be a the patient’s Bill of Rights. ders. These plans are not working with liberal State. As a matter of fact, we It is really not asking a lot. It cer- all of the restrictions. Patients need a are kind of known to be a rather stub- tainly does not bring in a big govern- little bit more freedom of choice, and born State. But one of the Republican ment arm to direct everyone around, they need to feel confident that there leaders in the State Senate introduced but it does return some reason. It does is a little that they can expect coming and passed a bill to allow for HMOs to return some rights to the patient, that to them after paying into these plans. be sued. they can feel confident that they have I do not believe it is asking too We have had a real fiasco in our just a little bit of say about what hap- much. I think the profits for the insur- State in how they have been able to pens to them when they are ill. ance companies would still be good, be- function and the kind of quality that It is not a free system. It as a matter cause in the long run it would reduce has virtually disappeared in health of fact, it costs more for the patients cost; it would reduce cost because you care. to get less. And that will not change reduce anxiety, you reduce skepticism This was not brought forth by a lib- with what we are talking about doing. and you restore some confidence that eral spending person. It was brought to That clearly will not change. But what when care is needed, care will be there. the legislature by a very conservative can change is to have a little better op- Once we restore some of that con- Republican, because we have had prob- portunity for a little bit more quality fidence, remove the gag orders so they ably one of the most unpleasant experi- in that care. will know the full truth, then I believe ences in our State in dealing with our Mr. PALLONE. I appreciate the gen- that we will certainly continue to con- HMOs. We have had a number of, just a tlewoman’s comments. I think it is ab- trol that cost. Otherwise, we have a burgeoning number of complaints with solutely to the point. system that is considered to be broken. them virtually having no way to do I guess I started out today by saying And just because we ignore those anything about it. I know this is not that I really think that we know what voices does not mean they are going just my State. I believe this is happen- has to be done here now. We have away. They will continue to speak out. ing around the country. I think that we talked about this, and the President I think we have a duty and a respon- have the responsibility to address these came forward with a Bill of Rights. sibility to be responsive to those issues for the American people. Some of the Republicans have spon- voices. I thank the gentleman for his sored legislation. As we mentioned be- During the district work period week of Feb- leadership. ruary 20, President Clinton issued an execu- fore, our Democratic health care task Mr. PALLONE. I thank my colleague tive order directing all federal health plans, force has put forth a set of principles from Texas also for joining me, and for which serve over 85 million Americans, to which are going to be put forward in a her insight into this as a nurse, as well, come into compliance with his quality commis- managed care consumer protection bill because it is often those who are in- sion's consumer bill of rights. At the same that will be introduced very shortly volved in the health care system as time, many constituents asked me when Con- that we are going to be talking about nurses, physicians, they are the ones gress would follow the President's example and that we believe we have support for that have the most knowledge and un- amongst the Senators as well as the derstand the kind of problems that and pass legislation that assures that the ini- White House in favor of this legisla- many patients now face with the exist- tiatives in his executive order for the patients' tion. ing managed care or HMO systems. bill of rights becomes standard for all Ameri- But what really needs to be done is, I was going to ask my colleague, if I cans. we need to push the Republican leader- could indulge the Speaker tonight, I Four weeks later, I still have to inform my ship to bring this managed care reform began this evening by going through constituents that the majority has not sched- to the floor of the House, to bring it up the testimony of a New Jerseyan, uled a vote on such an important matter. in the relevant committees, to push Cheryl Bolinger, who had experienced As a member of the democratic health care that it come to the floor of the House, some severe problems dealing with the task force, I look forward to the challenge of and do the same in the Senate. managed care system with her daugh- ensuring that more than 160 million Americans We do not have a lot of time here be- ter. I did not complete her statement. in managed care plans get the quality care tween now and the end of this legisla- I know that there is not enough time in they deserve, with more choices, protections tive year. If we do not act quickly, and the time that is allotted to us to com- and freedoms. after all the Republicans are in charge plete it. I would like to either include Some special interests wish to label reform of the process, they are in the major- it in the record now, if I could; or if efforts as more big government. Giving more ity; they are the ones that are going to not, I will put it in as an extension of choices and quality care to more consumers in decide what can come to the floor. If remarks this evening because she real- not big government, it is a ``patients bill of they do not bring this up and allow for ly outlines very well the kinds of prob- rights'' that has people and their well-being in debate and allow for a vote, then it is lems that a mother or somebody goes mind. not going to happen. through when they are trying to get One example of the problems Americans Part of the reason why we, as Demo- through this sort of Byzantine lab- experience with managed care is illustrated by crats, constantly talk about this and yrinth of managed care. a Kaiser Family/Harvard University poll which March 10, 1998 CONGRESSIONAL RECORD — HOUSE H941 found that three-fifths of Americans feel man- and letters of medical necessity), we did not for Kristin’s nursing needs. The level and aged care has resulted in doctors spending encounter problems obtaining adequate and quality of care provided by a home health less time with patients. proper medical care regarding all areas of aide was not adequate for my daughter’s Americans are clear on the need for man- our daughter’s acute and long-term care. complex medical needs. I immediately be- In 1993, however, our insurance plan was came actively involved in requesting that aged care reform. Congress should be clear changed to an HMO. At that point, we en- the HMO cover the necessary nursing care. on their commitment to enact it. The American countered many difficulties regarding After several additional letters of medical people leave no doubt about their displeasure Kristin’s medical care. According to the justification, repeated taxes, phone calls, with health plans because of cost consider- plan, we had to choose a pediatrician who and communication, the HMO conceded that ations and withholding important information had contracted with the HMO to serve as her they should follow the initial recommenda- from patients because of ``gag orders.'' primary care physician. The pediatrician tions of their surgeon. Nursing care was rein- As a lawmaker, registered nurse and busi- who had been seeing Kristin for many years stated after seven days. was not a participant in the plan. Likewise, nesswoman, I know the benefits of not only The surgeon also wrote very specific in- the specialists who had been treating her for structions regarding special therapy for re- protecting patients, but also giving them so long also were not plan participants. My habilitation. Physical therapy was ordered choices. Protecting patients and giving them husband and I were very upset over this for 12 weeks. However, after only about six choices are good policy, good health care and change and need to give up the excellent care weeks—half the period recommended by the good business. Kristin had been receiving from these physi- surgeon—I received another phone call from This year, I will work to ensure that Con- cians. We were very concerned about the fu- the contracted agency stating that physical gress answers the calls from Americans who ture of our child’s health care. therapy would no longer be covered and are dissatisfied with their health care plans. It Nevertheless, we tried to be optimistic and would cease. Once again after my repeated we visited a plan-approved pediatrician who is important that Members of Congress from attempts to correct the situation, the insur- would serve as Kristin’s primary-care physi- ance company reinstated therapy after a both parties work to provide Americans with a cian. To our dismay and disappointment, we two-week lapse. In both situations, continu- basic ``patients bill of rights.'' were not satisfied with the level and quality ity of vital services for my daughter was in- I ask that the leadership in Congress an- of care provided. Our freedom to choose a terrupted due to poor decisions made by the swer the President's call, but more impor- suitable physician for our child while receiv- HMO. tantly, the American people's call to pass a ing adequate insurance coverage had been On our most recent follow-up visit to the ``patients bill of rights this year.'' taken away by the HMO. surgeon (January 14, 1998) he was not satis- If we do not act now, we are faced with the After such a disheartening experience, we fied with Kristin’s post-operative rehabilita- decided that it would be in Kristin’s best in- tion. He requested Kristin receive additional reality that millions of Americans in private terest to remain with her current pediatri- health plans may never be assured that they physical therapy so that she could regain her cian and specialists. They were the doctors post-operative abilities and level of function- will also have the protections that their coun- who knew her best. As a result of our deci- ing. To date, I am still awaiting a response terparts in federal plans enjoy. sion, our benefits were reduced and we were to this request from the HMO. I yield the balance of my time. required to pay out of pocket. Because of surgery and the changes in Mr. PALLONE. Mr. Speaker, it is im- Also in 1993, we were advised by our insur- Kristin’s body alignment, a new wheelchair portant for us to tell these stories be- ance company’s medical review board that it is needed to accommodate her post-operative cause I think that it is only when we had deemed Kristin’s therapies to be not status. We have been waiting for three-and- medically necessary. Even though medical a-half months for secondary approval of this tell the stories of our constituents and documentation recommending these thera- the people that have been through the crucial and essential piece of equipment and pies was in place, benefits were ceased. Be- have still not received a decision from the system and the public and the other cause of the importance and necessity of HMO. In the meantime, we have no choice colleagues down here understand what therapies for our child, we paid for them out but to keep our daughter in a wheelchair our constituents are going through of pocket. that no longer meets her needs while we con- that we will get a ground-swell of sup- In 1994, Kristin developed a scoliosis curve tinue to wait for a response. port for managed care reform. I think which required bracing. We used an orthotist In conclusion, I would like to state that in our HMO plan to manufacture the brace. HMO’s present the following problems to it is very important that we relate When I returned to our orthopedist with the those stories. families trying to obtain health care for a brace, he told me it was worthless and would family member who has developmental dis- I want to thank my colleague again. probably increase the curvature rather than Mr. Speaker, I include for the abilities and requires long-term care. inhibit it. My doctor was irate that the HMO Freedom to choose qualified physicians is RECORD the testimony to which I re- had contracted with a company that pro- compromised. ferred: vided substandard equipment; he referred us The quality, continuity, and duration of TESTIMONY OF CHERYL BOLINGER to an orthotist of his choice who manufac- care is subjected and often does not meet the tured the brace free of charge. January 22, 1998. medical need of the patient. I called and wrote to my HMO regarding Durable medical equipment that must be Good morning Senator Torricelli and Con- the inferior quality of the brace the customized and is not a stock item is often gressman Pallone. Thank you for your inter- orthotist in their plan had made for us. They inadequate and inappropriate for specific est in hearing about the struggles my family responded by telling me they wouldn’t han- medical needs. has had in trying to receive good, quality dle the problem and to contact the agency Many crucial requests are denied or de- medical care from an HMO for our daughter. they contract with. I phoned and sent writ- layed for too long a time. My name is Cheryl Bolinger and I am the ten correspondence to the agency regarding The time and effort our family invests in mother of a 15-year old child who has mul- the problem. However, other than someone trying to correct the poor judgement of our tiple developmental disabilities and com- saying they would make a note of the situa- HMO and the stress this creates takes away plex, chronic medical problems. My daughter tion, I never received a satisfactory answer from the valuable time we need to care for Kristin’s medical problems began shortly or explanation regarding the inadequate and our child. Unfortunately, this is the constant after her birth. At six weeks of age, she de- inferior quality of the brace. battle we must wage to try to obtain proper, veloped unexplained intractable seizures. Be- In August 1997, Kristin underwent scoliosis quality care for our daughter. cause of the severity and the debilitating ef- surgery, which required spinal fusion and in- Thank you very much Senator Torricelli fects of her condition, she must be followed strumentation—a complicated and serious and Congressman Pallone for listening to the by many specialists and undergo many spe- surgical procedure. Fortunately, we were problems I have had in obtaining good qual- cialized and expensive diagnostic tests. able to use a reputable prominent surgeon in ity medical care for my daughter, Kristin. Today, Kristin remains non-verbal and New York City who was on our plan as a par- non-ambulatory, and requires customized du- ticipating specialist. At this time, Kristin’s f rable medical equipment for every aspect of post-operative condition was very fragile. AN AMERICAN DREAM daily living. Customized equipment is also Upon discharge from the hospital, Kristin needed to prevent and minimize the effects was to receive nursing care and physical The SPEAKER pro tempore (Mr. of orthopedic problems. She also requires therapy at home. The surgeon wrote very JONES). Under the Speaker’s announced physical and occupational therapy to en- specific orders regarding the medical care policy of January 7, 1997, the gen- hance and maximize her potential in terms and rehabilitation needed at home. tleman from Wisconsin (Mr. NEUMANN) of her orthopedic status and general medical After Kristin had been home for nine days, is recognized for 60 minutes as the des- condition. I received a phone call from the contracted ignee of the majority leader. During Kristin’s infancy and early child- nursing agency informing me that nursing hood, we were fortunate enough to have a services would no longer be covered and were Mr. NEUMANN. Mr. Speaker, I rise free-for-service insurance plan. As long as to cease. Contrary to our surgeon’s rec- tonight to talk about this great Nation our medical documentation was current and ommendations, the HMO opted to provide a we live in. I was reminded over the in place, (i.e., prescriptions, follow-up care, home health aide instead of a nurse to care weekend just what a great country it H942 CONGRESSIONAL RECORD — HOUSE March 10, 1998 is, and I would like to challenge all of gress and I came here with a very defi- dreamed in this budget plan that we my colleagues tonight that we dare to nite dream. could set that money aside like any dream about what we can do next in That is why I rise tonight. I want to other pension plan and restore Social this great country of ours. talk about that dream and how far we Security for our senior citizens. Back in 1980, I was teaching math, have come with that dream and then I Our dream did not end there. Our earning about $8,500 a year. We had two want to dare to dream as we look for- dream recognized that even after we young children. I can remember dis- ward to this country and look at what got to a balanced budget and set aside tinctly the day we walked through the we could possibly do to make a Amer- the Social Security money and lowered store, filled our grocery cart. As a ica a better nation for our children. taxes, we still had run up a $4.5, $4.9 math teacher, I added up how much the When we got here in 1995, I dug this trillion debt to be exact, at that point groceries were and we could not pay for out to come over here tonight, this is a in time. Our dream was that we could them. We stopped that day and we said, copy of what we called America’s Con- start paying down on that debt so that we have a dream. We would like to live tract with Our Children. In our first our children would not inherit this a better life. three months in office, with the help of huge burden as we looked forward to In this great country that we live in, lots of other folks, we put together a their future. we took a chance and we started a budget resolution, and we at that time I brought this with me tonight. I business in the basement of our home. were in an environment where we kept would just like to refer to a couple We dared to dream that in this great hearing about how we were going to pages in it, just to remind Members country, the United States of America, promise the American people we could what it was like back in 1995, as we that if you want to start a business on balance the budget by 2002. Many of us think about this dream that we had your own, work very hard, you could be came in from the private sector, never back then. successful. having served in government before, b 1945 The business grew and expanded and and we had heard these promises, way eventually we were able to move to an back to 1985, of Gramm–Rudman-Hol- Page 1–1 of this budget says that we office. That was in Milton, Wisconsin. lings. In 1987, we heard them again. In are going to balance the budget in 4 Six years later we dreamed again. We 1990 they said they had to raise our years; that is by 1999. We are going to said, we have this dream that we would taxes to get the job done; 1993, they pay off the $4.9 trillion debt over a 30- like to build something. We would like said they had to raise our taxes again. year period of time. We are going to to provide job opportunities in this We came in with a different idea. We quit stealing the Social Security great Nation where we live. We would came in with a dream. We came in with money. We are going to provide a like to provide other people with the this dream for America that rather strong national defense. Medicare is on opportunities to live the American than raising taxes on the working peo- the verge of bankruptcy, so we were dream as our company grew. ple, getting more money into Washing- going to restore Medicare for our sen- We started building homes that year, ton, that instead we would control ior citizens. We were not going to re- 1986. We built nine homes. We lost Washington. And people looked at us quire tax increases to do this. And we $20,000 plus my salary, and it almost and they said, you cannot get Washing- were going to provide tax cuts for seemed like our dreams were going to ton spending under control. There are workers all across this great Nation be shattered in that year. But this is too many special interests out there. that we live in. America. We would not let those There are too many other people out The next page in this proposal said dreams be shattered. what is the difference between this and We turned the company around the there that are not going to let you con- what else is being proposed in Washing- second year. We built 27 homes, turn- trol the growth of Washington spend- ton? Remember, this is 1995. This is our ing a profit, providing 54 job opportuni- ing. class coming in here and laying out our ties in southern Wisconsin; and by four That did not stop us from dreaming. dream for the future of this country. years later we had put this circle on a We put this budget plan together and it The difference, number one, page 1–2, map. It was a circle, a 60-mile radius of really, at that point it was a dream. in this thing: The plan calls for imme- Janesville, Wisconsin. We had this The main components of this budget diately setting aside surplus funds dream that we could build houses all plan that we put together, and it was from Social Security. That was part of through that 60-mile radius of Janes- very detailed, it was not just a few our dream. The plan sets out a path. ville, Wisconsin. sheets of paper, it showed exactly how By 4 years later, we were building 120 to get the job done; we were going to Definite difference two: The plan sets homes a year, providing 250 job oppor- balance the budget, and not in the year out a path to repay the $4.9 trillion dol- tunities. We had watched not only our 2002. We were going to balance the lar national debt by the year 2025. own company grow and the job oppor- budget in 1999. Our dream was that we Difference three: The plan balances tunities that that company provided, could get there not on time but ahead the budget not in 2002 but in 1999. Not but we watched other people in the in- of schedule. only that we provide suggested spend- dustry grow right along with us, a We realized that the right move was ing reductions for this government heating contractor and electrical con- to control the growth of Washington that exceeded the amount necessary to tractor, all the other people that were spending so we could not only balance balance the budget in the year 1999 by so actively involved in this home build- the budget, but by controlling this $70 billion, so that we can debate what ing business. Washington spending, we could also re- was the highest priority and not reduce We turned that business over to some duce the tax burden on the American spending in areas that were most im- other folks and ran for Congress. We people. portant to our country but go after lost twice. We had this dream that in In this dream, this budget plan that areas that were least important to our this great Nation we lived in we were we put together, in this dream that we country. This plan laid all those things going to stop our government from had for America, we called for lower out. spending our children’s money. That taxes, but our dream did not end there. I would like to read through a few of was our dream. We left the private sec- We realized that this government had the other things; the environment that tor with this very positive business and been taking money that was supposed we were in back in 1995. Here are a few ran for office twice. to be set aside, much like a pension of the things that were going on around I ran against Les Aspin. Looking plan in my business that we used to the world back in 1995 when we dared back on it, a person who had been in of- run, a pension plan for our employees. to dream that this could happen. fice for 22 years, a very respected Mem- We realized that this government was The U.S. debt had grown from $1 tril- ber of Congress, it was a very difficult taking the pension fund called Social lion to $5 trillion in a 15-year period of task, but I knew in the United States Security, but instead of putting the time. Orange County files for bank- of America if you had a dream you money aside that was supposed to be ruptcy. Washington, D.C. experiences were allowed to pursue that dream. set aside to preserve and protect the major financial problems. Barings We ran twice and lost. We came back. system, it had been spending that Bank of England collapses. The dollar The third time I was elected to Con- money on all sorts of other things. We slides to record lows against the yen March 10, 1998 CONGRESSIONAL RECORD — HOUSE H943 and the mark. Interest rates, not com- think that number is too high and I am glad the gentleman talked ing down like they are today, interest maybe we should even dream for a about education. I have two focuses in rates rise 3 percent in a 15-month pe- lower number. But for the time being Congress; one is national security and riod of time. The Mexican collapse is let us set our dream that we at least the other is education. I think both imminent or probable. Canada has seri- reduce the tax burden on American sides, no matter what the opinions are, ous financial problems. The January families all across this Nation by at education is the key to a lot of many U.S. trade deficit is the worst on least a third. different areas. It is anticrime, it is record. I suggested this at one of our town antidrug, it is antipoverty. This is what we came into in 1995. hall meetings recently, or one of our My father and mother, who were Just think how much things have meetings with a group of people, and Democrats, focused on education be- changed and how, by daring to dream, somebody stood up in the room and cause they knew that that was the fu- we have been able to bring about some said, ‘‘God only asked for 10 percent. ture. I remember my dad telling me, he of these changes in this great country Where does government get off asking said, ‘‘Son,’’ he said, ‘‘if you get a good we live in. for 37?’’ That person made a good education,’’ and neither my father or So tonight what I would like to do is point. And I think she said it half my mother went to college, but they to challenge my colleagues to dare to tongue-in-cheek, but she was also right said, ‘‘If you get a good education and dream with me again. I would like to on track. Why does it cost 37 cents out you work hard, you can make tomor- dare them to dream about a future in of every dollar of our workers’ pay- row better than it is today.’’ And that our country, and I would like to dare checks to do nothing but run govern- was their definition, very simple defi- them to dream about a few different as- ment at all the different levels, State, nition of the American dream. pects. local, and Federal? Where are we today? We are sending We have already come to a balanced And I want to point some more about billions of tax dollars to Washington, budget. We are going to make our first an education system that makes our D.C. Now only about 93 percent of edu- payment on the Federal debt three kids number one in the world. I do not cation dollars come from the State. short years into this thing. Those like these scores that I am hearing, Less than 7 percent come from the Fed- dreams we had back in 1995 of a bal- where our kids rank somewhere 20th in eral Government, but yet that 7 per- anced budget before the turn of the the world. That is not acceptable, and cent represents about $35 billion. So century, it is here and it has happened. I do not think that should be accept- that 7 percent is no small number. Our dreams have come true for the able for us as a nation. Now, what I would think that the good of the future of this country. So when we think about this thing, American people want, if they send So let us talk about dreaming for the let us dare to dream that when we re- their tax dollars to Washington, is that future of America and let us dare to store our educational system in Amer- they get a return on that dollar that is dream about a better America for the ica to a point where our kids finish not going to enhance education. future of our kids. Let us start by pay- in the top 2 or 3 or 4, let us get our kids The President, for example, wanted ing off the Federal debt so our children number one in education in this great $3 billion for a new literacy program. can inherit a debt-free United States of country. California, the State that I come from, America. And let me translate that How do we go about doing that? Let is 50th in literacy. So the gentleman into what that means. us fill in some of the blanks of this can imagine the jubilation that the For our children, if we could be suc- dream for education. Let us restore the folks that said, hey, California is 50th cessful at this, we could allow them to ability to control education, put it in literacy; $3 billion for a new literacy keep $580 a month for every family of back in the hands of the parents, put it program. That will be good. But if we five in America in their home instead back in the hands of the teachers, put look at it, the Federal Government has of sending it to Washington. Because it back in the hands of the local com- 14 literacy programs. Title 1, which is that is the amount of money that is munity so they once again control edu- the biggest user of that $35 billion, is necessary to do nothing but pay the in- cation. one of those. Title 7 is another. terest on the Federal debt. I know my colleague from California What is wrong with taking one or So let us dare to dream. And for our is here, but if I can mention one spe- two of our literacy programs, of the 14 seniors, let us dare to dream that we cific bill that relates to education to that we currently have, and not just restore the Social Security Trust help us get to this dream, one specific funding them 100 percent but increas- Fund. Let us stop taking that money bill was introduced by a good friend of ing them because they work, and tak- and spending it on other Washington mine, the gentleman from Pennsyl- ing the other 12 that are not working, programs and putting IOUs in the trust vania (Mr. PITTS). His bill would re- and getting rid of the bureaucracy? We fund. Let us dare to dream we can ac- quire that 90 cents out of every dollar have to pay all those salaries, the tually get this government to do the spent for education be returned to ac- buildings, the overhead, the cost of pa- same thing any business in the private tually help the kids in the classroom. perwork, the retirements, which gets sector would do for their employees, Because what happens today is our us less than 48 cents out of a dollar and that is put real dollars or real as- government collects that money, down to the classroom. In doing so, by sets into that trust fund so our senior brings it out here to Washington, having this other 12, we have to send citizens can rest assured that Social spends 40 cents on the dollar on the bu- our tax dollars to support this level. Security is safe and secure for them as reaucracy here in Washington, and And that is wrong. we go forward. then our government here in Washing- That is what we are saying, is that I want to dare to dream about the tax ton makes a decision of where to send government can be good government. rate, too. Because in this great Nation that other 60 cents back to. And that is We can reduce the cost of government that we live in, when we go to work not right. So this bill requires at least and yet at the same time benefit the and earn a dollar, 37 cents out of every 90 cents out of every dollar be returned American people, especially in edu- dollar goes to taxation of some form, to the classroom. I think it would be a cation. And that is just one example. whether it be State, local or Federal or great part of this dream for the future And I thank my friend for yielding. property taxes. Whatever form we want of our country. Mr. NEUMANN. Well, Mr. Speaker, I to look at, 37 cents out of every dollar Mr. Speaker, I would be glad to yield think the next thing I wish to mention our American worker earns is paid in to my colleague from California. is an area the gentleman is also very in taxes. Mr. CUNNINGHAM. I thank my concerned about, and I know of the So I want to dare to dream again. I friend, the gentleman from Wisconsin gentleman’s fine work in the area. want to dream about reducing that tax (Mr. NEUMANN). As we continue this dream for the fu- rate by a third and more if possible. How can we do this? First of all, good ture of America, and I do think it is But let us dream again about getting government does not have to be an important we dare to dream, if we had our tax rate down to not more than 25 oxymoron like it is today. People want not dared to dream back in 1995 we cents out of every dollar that our their tax dollars to go to fund good would not be here today standing here American workers earn. And, frankly, I government not wasteful government. talking about a balanced budget and H944 CONGRESSIONAL RECORD — HOUSE March 10, 1998 lower taxes for the first time in 16 to copy all defense maps. All services America. I do not want to dream of a years and a Medicare system that has for $12 million. That was a reduction of America that has 400,000 or only 400,000 been restored. That was part of our 1 to 100th of the cost. The office of Sec- on drugs at the eighth grade level. I daring to dream back in 1995. retary of Defense held onto the money. want to dream of an America where we So today, as we look forward, I think They wanted to steal it. They wanted eliminate drugs. I want to declare war part of this daring to dream as we look to reprogram it. They wanted to give it on drugs in this country. And I want to ahead is a strong defense system, a de- to NAVCOM. They wanted to do other devote as much time and effort and at- fense system that other nations around purposes with it. And we fought for 1 tention to the drug war as we do all the the world look at us and recognize us year to get the money released so we other things that are going on in this as the one world power as it relates to could copy those systems. The services city right now so that our kids can defense. That means we have to ade- continued at the old rate of copying once again feel safe going into school, quately fund the defense budget. those services. They copied 10 percent and that they do not have to feel com- I know that is an area the gentleman of those maps, costing $16 million. pelled to try drugs because so many of is very concerned about. One of the things we can do is reduce their friends are. Mr. CUNNINGHAM. Mr. Speaker, I the size of OSD by at least 35 percent, We saw a study here that the average would like to tell the gentleman, if he and streamlining the bureaucracy in student believes that in one hour they will continue to yield, that we just fin- the military. That is just one of a can go out and purchase marijuana in ished with a readiness hearing in San thousand suggestions. virtually any school system in the Diego. We had both Republicans and b 2000 United States of America, and that is Democrats from the Committee on Na- not acceptable. Mr. NEUMANN. So what the gen- tional Security and the defense appro- Mr. CUNNINGHAM. But that takes tleman is saying or suggesting is that priations committee. And I was proud real commitment. We cannot just wish by more efficiently using the dollars of my Democratic colleagues because it away. And it is like fighting a war. that are already being spent for defense they not only recognized but praised We cannot just say education is going and without raising taxes on the people the individuals and swore to help the to stop drugs. We cannot just say inter- to fund more defense spending, there situation. diction is going to stop it. But we have are a lot of ways within the defense Our service chiefs will come and tell got a gross base on which we have got plan already that we could better spend us that the budget is okay, but then be- to reach across and stop it. And that the dollars that are already being spent tween the lines they will tell us of in- takes real commitment from the White to provide for a better defense of our creased operations of 300 percent above House, which we have not had in the Nation. the Cold War. Our equipment is 1970s. past. We have large numbers of our senior Mr. CUNNINGHAM. Exactly. And when we are trying to balance the We can win the war on drugs. There NCOs and aviators getting out of the are always going to be those that use it service because they are forced to go budget, we can look forward that for all of those wastes, from the 12 to $16 and sell it. Those are the ones that you away. put away and they never see the light Take, for example, the U.S.S. million for only 10 percent of what we Con- of day. But what we are proposing is She got back from a cruise. could have done for 100 percent, tax- stellation. not just a word game to stop crime and This is typical of all services. She got payers have got to send their dollars to drugs, but to actually fight it. back from a 6-month cruise. She goes Washington, D.C., turn those around at Example: The $7 billion that we into port into San Diego. April, May, a very low rate, we can totally elimi- spent, and the quote was 100,000 cops, June, July, August. She has to go up to nate it. And it is not a question of giv- just like a 100,000 teachers, there was Bremerton for repairs. Now, all of ing money back from taxes; it is hav- no 100,000 cops. The most they could those families are in San Diego. So ing not to send it here in the first place fund is 20,000, and it was to rain money those personnel again, besides on to balance the budget. down to the big cities so they could get cruise, have to leave their families. Mr. NEUMANN. I couldn’t agree They are having to cannibalize parts. more. Going on with this dream, we support for reelections. What we want Several aircraft or squadrons have only talked about a debt-free America for to do is take the money, give it to the one aircraft to fly because they have to our children and how wonderful it local police force. steal those parts. They call it cannibal- would be if when they had their kids, Just like my colleague was talking ization, take that part off those air- that they didn’t have to pay $580 a about with education, we want the planes and send them to Bosnia and month to pay interest on the Federal teachers, the parents, the community Iraq and where our forward forces are debt. We talked about restoring the So- and the extended communities and the deployed. cial Security Trust Fund. And I think administrators to be able to handle it. Mr. NEUMANN. To that end, I just it is important that we have this Because they know the needs, they interviewed a former lieutenant com- dream that our senior citizens can know the first names of your children, mander. We were talking about the again get up in the morning and not not a bureaucrat here in Washington. possibility of him working in our con- worry about whether Social Security is And the same is true in law enforce- gressional office. He told the story of going to be there; and the dream of re- ment. You put the money in the area. every third flight something breaking ducing the tax rates from 37 percent Do you need equipment? Do you need down in the aircraft he was flying, and down to 25 percent, that is 37 cents out standby? Do you need more force? And that is one of the reasons he left the of every dollar is going to Government, instead of controlling with strings service. It is a very serious problem. to down to less than 25 cents, a one- back here in Washington, it takes an Again, I do not think we should get third reduction. all-out war with generals. And that is bogged down, that we look at this in a And we have this dream about restor- why we are calling for General McCaf- very pessimistic way, but rather we ing our education system so that we frey to get on with it and give us some need to dare to dream as Americans are, once again, the number one edu- information on what he forsees on this that we can find it within ourselves to cation system in the entire world, not real fight and we will back him 100 per- restore our military to the strong posi- two, not three, not four. That is not cent. tion that it should be in this world. our target. Our target is set, number Mr. NEUMANN. Mr. Speaker, I yield Mr. CUNNINGHAM. I would agree one. And we do that by restoring the to the gentleman from Arizona (Mr. with the gentleman. And instead of control of the education system back HAYWORTH). bogging down in the sadness of the to the parents and the teachers and the Mr. HAYWORTH. Mr. Speaker, I state of readiness, there are ways in community. thank my colleague from Wisconsin for which we can actually make a three- I know my colleague from Arizona yielding. And I listened with interest cornered Pentagon. (Mr. HAYWORTH) is very concerned in to my colleague from California. Be- A couple of examples: One, I was able this issue as well. I want to continue cause, Mr. Speaker, as I stand here in to get $12 million through both the au- with this dream for the future of our the well of the Congress of the United thorization process and appropriations country. I want to dream of a drug-free States, I am truly in awe not only of March 10, 1998 CONGRESSIONAL RECORD — HOUSE H945 the responsibility my constituents con- slavery problem of the people trapped these class warfare arguments where ferred upon me constitutionally to rep- in the inner cities. somehow if you do not have a lot of resent them in this hall and in this Now, that child, what chance do they money to start with that you cannot Chamber, but also with the quality of have of the American dream? Zero. Is get ahead in this country. And I just people who come from coast to coast it because the parents raised them? No. point to our own example in my own and beyond; and here I stand with one They are busy having other children. Is family where we started with nothing who distinguished himself first as an it the grandmother? Usually. If it is a and you can work very hard, and if you educator and then fought this coun- male child, that child is in a gang. And do work hard, there is an opportunity try’s battles in southeast Asia where if it is a female today, that child is in to live the American dream. he quite fittingly earned the title of a gang. And where do they turn? Can I point to this booklet. I point to our top gun. they get a job? No. Do they have an dream that we can balance the budget And I stand with another who distin- American dream? No. They go to drugs before the turn of the century and guished himself first as a teacher, as and crime, and then it is perpetuated lower taxes at the same time, but get- did my colleague from California, but over and over again. ting Washington spending under con- my friend from Wisconsin, who worked But we stood up to the plate. And in trol, or at least taking a good stab at so hard as a teacher, and then went many States like the gentleman’s, over it. This stuff can happen and it is real, into home building. And we really have 50 percent of the welfare roles are com- and it has happened in the first 3 years the essence of the American dream em- ing off just because we said, you should here and there is lots more to come. bodied in these two gentlemen. go to work. The average welfare recipi- Mr. HAYWORTH. And what is re- But Mr. Speaker, I would simply con- ent was 16 years. That is a perfect ex- markable, Mr. Speaker, is the fact that cur with the statements that have been ample of stepping up to the plate and this is recent history; this is within the made tonight as we try to dream a making a commitment. last 3 years. I remember sitting here on dream that can be reality for our chil- Mr. HAYWORTH. I think my col- the front row when we talked about the dren. This is something achievable. league from Arizona, Mr. Speaker, budget plan where we dared to dream, And I especially, Mr. Speaker, appre- makes an excellent point. And I appre- less than 100 Members of this body ciate the comments of my friend from ciate my colleague from Wisconsin for would join with us. California (Mr. CUNNINGHAM). Because yielding some time as we talk about Mr. NEUMANN. Eighty-nine, to be what we need is not a war of words, this, how we work through problems to exact. what we need is a solid commitment to solve them. Mr. HAYWORTH. They derided it as our families and to our children. The other thing we should note, Mr. extreme. Now look at what has hap- Think if you would, Mr. Speaker, Speaker, is that there is an achievable pened. We see that it makes extremely what we would say today if we sent an objective for success. And indeed, Mr. good sense to have Washington spend army into battle and lost 10,000 young Speaker, what we have been able to do less so that families can spend more, to Americans. Now, Mr. Speaker, think within this Chamber, Republicans and make sure that the money that belongs for a second. That is exactly what is Democrats alike reaching across Amer- to the people in the first place stays in happening. Indeed, Mr. Speaker, that ica, has said, when it comes to the di- their paychecks; and in so doing, actu- may be an understatement of the num- lemma of dealing with a self-perpetuat- ally letting Americans have more of ber of deaths we see on an annual basis ing welfare state as we help people go their own money to save, spend, and in- due to drug addiction. from welfare to work, we now measure vest, create new jobs and new opportu- And, Mr. Speaker, as I travel the success not by the numbers of people nities. width and breadth of the Sixth Con- who are on the welfare roles, but by Now, we are in a situation where the gressional District of Arizona, an area the numbers of people who are out in tables have turned. Oh, there is still in square mileage almost the size of gainful employment. work to do, as my colleague has point- the Commonwealth of Pennsylvania, I Just this last Friday, in Mesa, Ari- ed out; our commitment to our seniors hear firsthand in the smaller commu- zona, I had a chance to go in and work in terms of the Social Security Preser- nities that challenges those small po- with a program. Initially, it was called vation Act, which we cosponsored, the lice forces and those rural areas are Women Off Welfare, or WOW. Now they challenges we still confront in terms of facing as big city gangs and big city call it World of Work because nontradi- ending the scourge on drugs. In a free drugs are sent from the cesspools of or- tional opportunities are opening up for society, it is an ongoing battle. But we ganized crime to the very heartland of women and men alike in our society. have made the first steps toward realiz- America. And the four people that were supposed ing those dreams for our children. So what we have, Mr. Speaker, is in- to be there as part of the program, my Mr. CUNNINGHAM. Mr. Speaker, if deed a call to arms; not the traditional colleagues, they could not be there to the gentleman would continue to yield, battle, nor the war on words so offered tell about what they have done because what the gentleman just said is what as Washington’s version of Madison Av- they were busy at work earning money William Wallace, in the year 1312, I do enue; a war on poverty, a war on drugs. for their families having a brighter fu- not know how many saw the movie Mr. CUNNINGHAM. Let me give my ture. ‘‘Brave Heart,’’ in his death throes he colleagues a good example of coming to Mr. NEUMANN. Reclaiming my time, screamed out ‘‘freedom.’’ We are giving arms. I had a doctor come into my of- listening to you talk is why it is so ex- those freedoms back to the American fice about 3 years ago. And I was fortu- citing. My colleague was here; he co- families that have given up those free- nate enough to write much of the wel- sponsored this legislation, and we said doms so Washington can rule and con- fare reform bill, being on the Commit- we were going to balance the budget trol their life. tee on Education and the Workforce. sooner than 2002. We said we were Just in these few short minutes we He said, ‘‘Duke, I had a lady come in going to lower taxes so people could talked about a balanced budget, but my office with a 13-year-old daughter. keep more of their own money and yet a balanced budget in which we ac- She wanted to know what was wrong make decisions about how to spend tually have education reform or edu- with her daughter that had just had their money instead of sending it to cation receives more and families and her fourth menstrual cycle that she Washington. We said we were going to parents, administrators, teachers have couldn’t have a child. She wanted the get Social Security taken care of for more freedom to teach their children welfare money.’’ our seniors and start paying down the and the results are better. Now, what happens to those children? debt. We can talk about DOD and reform, There is one view that would continue Do my colleagues remember back in to have a stronger defense, but yet to to spend trillions of dollars in the old 1995, when we first came how they re- have it reduced and more like a busi- welfare system. To me, that was a acted? But we dared to dream. I think ness, and welfare reform and saving waste. And we have to send our tax dol- that is what is so important for this Medicare. Remember the blast that we lars there. But what we did is stood up country and to these young people. got from Medicare from the unions and to the plate, made a commitment that Sometimes they have it taken away from the DNC? But at the same time, we are going to solve the welfare and from them because they hear all of this is the same Medicare plan that the H946 CONGRESSIONAL RECORD — HOUSE March 10, 1998 President signed in the balanced budg- about letting then decide how they are and out of control. There is no good et, and everybody wins. We do have going to spend their hard-earned outcome to meth use. You use every- areas to go. money, as opposed to sending it out thing. That includes yourself.’’ When we have got a 50 percent fraud, out here to Washington so people in In fact, South Dakota has been des- waste, and abuse with food stamps and this city, bureaucrats out here, Mem- ignated as a high intensity drug traf- those areas in which, again, taxpayers bers of Congress, can figure out how to ficking area because of the growing have to send their money to the over- spend their money for them. methamphetamine traffic in our State. head of Washington bureaucracy to b 2015 We need to apply the same type of lead- support, we can actually get more of ership in this particular area. the money down to the families, down I yield to the gentleman from South I hearken back to the 1980s when to military, down to the welfare recipi- Dakota, a new Member, and we are Nancy Reagan started her Just Say No ents and have good government, which, happy to have him with us. campaign and the demonstrable impact again, does not have to be an Mr. THUNE. I would like to, as al- that had on drug use among young peo- oxymoron. ways, commend the gentleman from ple and the powerful and immediate Mr. NEUMANN. Reclaiming my time, Wisconsin for the bold leadership he impact that the message has. If we are I would like to turn this into some has taken a number of these issues. We willing, as a country, and if we could very specific examples. Because we talk about the subject of daring to get the White House and this adminis- have talked about returning this free- dream and again the enormous chal- tration to take some leadership on this dom to the people and letting them lenges that are out there in front of us issue, we could work with them, be- keep more of their own money in their as a country and some of the things cause this is an increasing problem, own homes to decide how to spend it, I that have been accomplished in the particularly in rural areas. would like to talk about some specifics past. Again, another statistic here, in 1991, for just a minute on this very topic. I want to again compliment the gen- 14 grams of methamphetamine were For example, starting next year, tleman for the extraordinary work he seized, that has grown each year to this every family with a child under the age has done to draw attention to the need last year, 984 grams of methamphet- of 17 in the middle-income brackets to be debt free as we move into a new amine seized by law enforcement offi- will get down to the bottom line of how century and to do something that is cials. It is a very serious issue in parts much they would have sent to Wash- very positive for our children, for our of this country. It demands very seri- ington in taxes and they will subtract grandchildren, in the legislation he has ous leadership and something that I $400 off the bottom line because of the introduced which would put us on a think we all need to provide as public $400-per-child tax cut. systematic plan to where we will elimi- officials. In Wisconsin, sometimes I am out at nate the $5.5 trillion debt that soaks up Mr. NEUMANN. I would just add that these meetings and people look at me more and more of our tax dollars every when we dream about the future of this like, ‘‘Are you kidding? Is this a politi- year just in interest payments. country that is going to be a drug free cal promise,’’ or ‘‘What are you talking It gets mentioned often, but I do not nation for our children, when we have about?’’ This bill was signed into law think often enough that before we do that dream about the future of Amer- next year. And starting next year when anything else, the Committee on Ap- ica, I do not think we should temper it they do their taxes, they literally will propriations in this Congress writes with not inhaling or some of the other get down to the bottom line how much that $250 billion interest check right things that we have heard from some of they would have sent to Washington off the top, before we do anything that our leadership. This Nation needs lead- and subtract $400 for each child under assists people who are in need of edu- ers that are willing to stand up and the age of 17. cation. Before we do anything in terms say, it is not acceptable, drug use is If they have college students, I have of the other programs the government not acceptable in the United States of got two in college myself, and I will funds, roads and bridges, national de- America; and we have today declared not qualify for this particular benefit, fense, we take the first $250 billion and war on the use of drugs in this country. but a lot of families that are in the pay it off in interest. We need leadership that is willing to middle-income brackets, they are The plan that he has introduced stand up and say these things. going to qualify for this. It is tough to would in 2026 completely eliminate the There are many other values that we pay college bills; it is expensive. So if $5.5 trillion debt and put us as a coun- could talk about that would be along they have got a freshman or sophomore try on a path toward being debt free. the same lines as what we just talked in college, again they go through their That is something that is absolutely about with drugs. People need to stand taxes and figure out how much would historic in terms of what we can do for up and say that a married couple, that they have sent to Washington, but they the future of this country. I would like either spouse in the marriage should be subtract $1500 off the bottom line. This to see us take that same sort of pas- committed to that marriage and that is very real money. sion, that same sort of courage and it is not acceptable to go off with an- I just want to add a specific family leadership that the gentlemen did in other person of the opposite sex; that I know of. I want to turn this into the 104th Congress, and the gentleman whether it be the same age or a dif- a very real situation. This family I am from Arizona who is here and had a ferent age or whatever, those things thinking of has one child in college, as part in that process, in reforming wel- are not acceptable in the United States a matter of fact, goes to the same fare and in dealing with some very of America. school my daughter goes to. They have tough and controversial issues, issues This Nation needs leaders that are got two kids still at home in their fam- that people said, ‘‘That can’t be done, willing to stand up and say, ‘‘Mr. Presi- ily. And they are middle-income folks. we can’t do this, this thing is just too dent, if you in fact had a problem or I do not know exactly what they complicated and too big.’’ had a situation with Monica Lewinsky earn, someplace between 40 and $60,000 Yet you demonstrated the courage to or Gennifer Flowers, that is not accept- a year, I suppose. But with their house- get that done. I think it is proof of able as an example for our Nation and hold, with one in college, a sophomore what we can accomplish when we want for our children in this country.’’ by next year, and two kids at home to work together. Somebody needs to tell our kids that under the age of 17, they get $400 off for If we could turn that same sort of in- it is not the norm that our President or each one of the two kids, or $800 for the tensity to the war on drugs, I was just any other leader in a community, or two kids at home, and $1500 to help pay reading today in the Sioux Falls news- for that matter any other member of a that college tuition. We are talking paper about the methamphetamine cri- marriage, whether it be husband or about a $50,000 a year family here, re- sis we are facing in our State. There is wife, this is not acceptable practice in ducing their taxes by $2,300. That is a a quote here from a young lady. It says the United States of America and we lot of money. the powerful drugs also stole every do not want to tolerate it. When we talk about this idea of re- good thing she had, including her three Mr. CUNNINGHAM. I think that also turning power to the people and free- children and her freedom. She quotes, goes when we are talking about drugs, dom to the people, we are talking ‘‘I have never in my life felt so helpless not to come across to MTV and say March 10, 1998 CONGRESSIONAL RECORD — HOUSE H947 they would inhale if they could, the public. The brilliance of our founders is pact hit them adversely in trying to leader of our Nation. found in the sense that they had the build a new school. I have talked to drug agents and I foresight and the sense of commitment We held hearings, as I mentioned, 2 have talked to people in rehabilitation. to set up this unique institution where weeks ago, a subcommittee of the Com- The kids sneer. They say, ‘‘Look, the we can represent and where we can mittee on Resources. I am very opti- President said he would inhale if he dare to dream, but then take the steps mistic about this legislation, labeled could.’’ That is the wrong message. firmly rooted in reality to make those H.R. 2322. Mr. Speaker, I would ask my Let me give my colleagues another dreams come true. colleagues to be involved, to take a example. Remember the young man Certainly we have talked about a far- look at this legislation, because it can that was caned in Singapore for spray- flung and ambitious agenda of where do important things across America in painting cars? I am not saying that we our dreams will take us, not only fiscal rural districts for those school children cane people, but I would guarantee responsibility and a better future for and their future, because again as we that that individual, that young man, our children, not only fighting this war all concur, Mr. Speaker, education is when he went back to Singapore would on drugs, not only realizing the suc- too important to be left up to Washing- never spray-paint another car nor cesses and seizing upon those for our ton bureaucrats. We have got to maxi- would any other individual. But yet seniors as well as the youngest among mize flexibility and innovation and look at our streets and the tagging and us, but making this translation work. what happens at home on the front the graffiti and those kinds of things Mr. Speaker, we have talked about lines to make sure that different dis- that take place because we let it go on. the legislation offered by the gen- tricts are armed with different alter- That is just a symptom of the lack of tleman from Wisconsin and the innova- natives so that they can decide what is commitment, from drugs to graffiti, tive programs that the gentleman from best. that juvenile crime has gone exponen- California has been involved in and the I would commend the legislation to tially up, a 600 percent increase and the fresh new perspective the gentleman my colleagues and move in that type of viciousness of it has increased, to be from South Dakota brings. In a mo- common-sense direction to focus on paramount. ment of personal indulgence, might I educating children, not worrying about Those are the kinds of things I think also, Mr. Speaker, offer something that the shifting of dollars but focusing on the gentlemen are talking about. I have introduced, that the Committee what works. We need a commitment, not just on Resources just held hearings on 2 A couple of quick admonitions I words and not the wrong direction. You weeks ago, that my staff has taken to would offer. If you are worried about do not say, let us increase rehabilita- calling HELGA in one of those moods Park Service land, no Park Service tion dollars and cut off why they are land can be taken for this, nor can any you get here where you have an acro- getting on drugs in the first place. I Federal wildlife refuges be taken for nym, for Hayworth Education Land want to stop it so I do not have to put this. But there is a uniform way to Grant Act. as many dollars in rehab, and save It is born out of something that hap- convey land, and I believe that it can those children. pened in my district, something that transform rural education in this coun- Mr. NEUMANN. When we think try for students K-through-12 not only about the war on drugs or bringing edu- you may find in your districts, the folks you represent. In rural Arizona, in school districts, but in charter cation back to number one in the world schools that have sprung up in places there is a real shortage of private land. for our kids here in America, can this like Arizona and come to full flower The little community of Alpine, Ari- goal, can this job of getting from where and full fruition. we are today to a drug-free America zona, nestled there on the New Mexico And those types of innovative ideas, and back to where our education is border, in my first term in Congress based on the best of what our heritage number one in the world, can that real- came to see me. They said, ‘‘We have teaches us when applied to the chal- ly be tougher than what we have al- scraped together enough money to lenges of today, those are the ways ready been through between 1995 and build a new school. We meet right now that we translate our dreams into re- today, getting to a balanced budget, in an old church. It’s not exactly a one- ality. That is why I am so pleased, Mr. actually lowering taxes, restoring room schoolhouse, but it’s close. We Speaker, to be here with men and Medicare for our senior citizens? have the money to build a school, but women of conviction on both sides of When we think about this, a lot of we don’t have the money to purchase a the aisle, who are willing to look to people would look at this and go, ‘‘We site on which to build the school. This translate those dreams into reality. can’t do this.’’ What I am suggesting is a real dilemma.’’ Mr. Speaker, I would invite my col- tonight is that we dare to dream, be- What makes it ironic is the fact that leagues to take a good look at that leg- cause you have got to have the dream the town of Alpine sits on the edge of islation and join us in taking that step before you can bring about the results, a national forest, government-con- toward helping rural children. and we commit ourselves to this dream trolled land. They said, ‘‘Congressman, Mr. NEUMANN. Just briefly, I would in the same way we committed our- could you help us get a conveyance of like to point out that the great State selves to getting to a balanced budget, land?’’ of Wisconsin, as we find in many cases, to starting to pay down the debt, to And so we did so. The good news is is quite far out in front on this particu- lowering taxes for our families and to they are building a school because they lar issue. When you develop land of any restoring Medicare for our senior citi- could save their money to build the sort in Wisconsin, at least 5 percent of zens. school and concentrate on students and the land is dedicated to schools, to Mr. CUNNINGHAM. I would say this teachers and the future instead of wor- community or to parks. We find in gentleman’s dream has guided a lot of rying about buying land. many cases that not 5 percent, it is us on this House floor on how to bal- As Mark Twain pointed out, ‘‘History more like 10 or 15 percent of the land is ance the budget and how to achieve doesn’t repeat itself, but it rhymes.’’ set aside permanently for our families that. He has been a leader across the And so learning from that experience that then build in these subdivisions board in how to have more effective and the experience of Congressman and realize the American dream in buy- government and yet reduce the pen- Morrill, quite frankly, in the last cen- ing their own home. They then have alties on the American people, and I tury with the Land Grant Act for High- this land preserved for them, whether would like to thank the gentleman. er Education that transformed higher it be for schools or for parkland or Mr. NEUMANN. I think it has been a education in this country, I came up whatever. lot of us here together, getting this job with a plan that offers a standard, uni- In Wisconsin, it is standard operating done. But I do think that it is the form way for rural school districts to procedure that at least 5 percent of American people that deserve the cred- apply for conveyances of federally con- your land is set aside for schools, it for sending a group of people here trolled land, so again they can con- parks, community recreation and com- that were willing to commit to these centrate their resources on what is munity service. In Wisconsin, we are dreams. most important, the children and their already doing some of these things. I Mr. HAYWORTH. Mr. Speaker, this education, and not worry about buying certainly think what he has there is a is the essence of our constitutional re- land and not have that economic im- pretty fair idea. H948 CONGRESSIONAL RECORD — HOUSE March 10, 1998 I yield to the gentleman from South Finally, I would simply say, and my public statement that says, ‘‘No, I did Dakota. colleagues have touched on it this not do that. If I had done that, I would Mr. THUNE. The gentleman from Ar- evening, lowering the overall cost of immediately resign.’’ That would be a izona makes a pretty compelling case, government on the taxpayers in this very different message than the mes- I think, with respect to what his legis- country, the goal of trying to get to 25 sage our young people in this country lation would do. I think again it points percent so that the Federal Govern- are hearing today. to at least one of the issues that we are ment, the State and local governments The message, ‘‘No, I did not do it, but discussing here this evening, and have are not taking more than 25 cents out if I had done that, I would resign im- been for some time, and that is how do of every dollar of the family in this mediately from this office,’’ would send we go about making sure that more country so that we can make the fam- a message to our kids that he does not education dollars get into the class- ily budget bigger, strengthen families accept what he is being accused of as room where they are benefiting our and not government institutions, I acceptable behavior or practice in this young people and preparing them for think that is the direction we are country, and it would be very different, the future. going. what our kids are hearing, than what In South Dakota, we have taken Mr. NEUMANN. Mr. Speaker, or less they are hearing today. I would encour- some steps in terms of wiring the than 25 cents. I like the idea of going age him to come out with that as soon schools to bring technology, the high for a lower number. as possible so that our kids hear a dif- technology that is available to us Mr. THUNE. Mr. Speaker, the prob- ferent message. today, to see that our kids are lem is, as my colleagues know, is that I yield to the gentleman from Cali- equipped so that when the time comes they were going to put a cap on it, but fornia. for them to transition into the work- they were worried about ever getting Mr. CUNNINGHAM. Mr. Speaker, I place, they are ready for that. that high. So yes, probably 25 percent thank the gentleman. I would like to I think again that happens when you or less, actually, before it is all said compliment the gentleman from South look in a very systematic, disciplined and done. Dakota. I know he has taken a leader- way at moving power and control out But that would move in a very dra- ship role in education. Again, a dream of the Federal bureaucracy, making matic way toward making again the that the gentleman is talking about, a the Federal bureaucracy smaller, the Federal Government smaller, making vision, it takes commitment. Mr. family budget bigger, the budget of the family budget bigger, and strength- Speaker, those folks that started off to schools and local and State govern- ening our families in this country so the West on covered wagons, they ments; and I think that is something that they can address the needs that could dream about it, they could have that all of us in the Chamber this they have, whether it be retirement or a vision, but unless they were really evening are very interested in doing health care or education or child care. committed, they would never make it. and seeing come to pass. I think it As I travel the State of South Da- We look at Martin Luther King. He points again to the broad need in this kota and I talk with real people, these had a dream, he had a vision, but yet it country to address the real problems are real needs, real problems that re- would not have become a reality unless that real people are facing. quire real leadership and not a lot of he was willing to commit, and he did The gentleman from Arizona made the same old Washington-based solu- that. some reference to common sense, tions that have dominated the agenda But just like in education, if we get which is something that is very ter- in this city for such a long time. so little money out of the Federal Gov- ribly lacking, it seems, here in Wash- So again, I am delighted to be a part ernment down to the classroom, and I ington. of the agenda that we are on, talking would say, Mr. Speaker, a State bu- b 2030 about these issues and talking about reaucracy is just as bad as a Federal However, if we look at these things real solutions. Again, leading by exam- bureaucracy if it keeps the dollars in a very commonsensical way, and in ple. One of the things that the gen- away from the classroom. But if we get dealing with the issue of drugs, if we tleman from Wisconsin mentioned ear- so little money, and I do not know, Mr. could eliminate the scourge of drugs in lier is that sometimes we need to be Speaker, if my colleagues have ever this country, the very best thing that using the bully pulpit. The fact of the tried to pass a school bond in their dis- we could do to preserve the future for matter is, as C.S. Lewis once said, that tricts, but I know in California it takes our kids, making our future debt-free, we laugh at honor and are shocked to two-thirds, it is very difficult. giving them the resources that they find traders in our midst. So if we have very little money from need in the classroom to see that they When we talk about the use of drugs the Federal Government, if we cannot have the very highest possible quality in a very cavalier way, when we talk pass a school bond, how are we going to education opportunities available to about the things, the values that we bring those classrooms up when we are them at the best value to the taxpayer, hold near and dear, the importance of last of the industrialized nations, 15th and working in a way as well to ad- keeping the family together, family re- in math and science? And that was du- dress the retirement needs. lationships and the various activities plicated in a major study just this last When we talked about welfare re- that have been on the front page of the month, where over half of the 4th grad- form, and we did, we took some impor- newspaper for the past several months, ers could not identify the Atlantic or tant steps in this last Congress, of it is important for people who are in Pacific Ocean, and we got over half of which my colleagues were a part, and positions I think of public leadership to our students coming out functionally in the 105th since I have been here in not only provide leadership in eco- illiterate. terms of balancing the budget, reform- nomic areas, but also in the moral One of the commitments, and the ing Medicare and trying to secure a area. That is something that I would President signed this bill in the bal- better future for all people of all ages hope that we will continue to empha- anced budget, and what we looked at is in our country. size and talk about in the discussion as taking the 21st century education bill And in the area of retirement where well, that values be a part of our de- to where we take companies who are we have so much to do in the area of bate in this country. dumping computers on schools but the professionals today looking down the Mr. NEUMANN. Mr. Speaker, just school did not have the technology or road, looking at Social Security and one comment on that. I know the gen- the teachers to upgrade them, and they saying, ‘‘By golly, I just do not think tleman is alluding to a situation that ended up in a corner. So what we did is that that is going to be there for me,’’ many people here in Washington have we said, okay, if you have a computer and we need to give them some options. taken a hands-off policy and are just that is under 2 years old, you can write Now, for the first time, in a very bipar- plain not talking about it, but at the off that computer and we are going to tisan way, we are hearing people talk risk of making a suggestion to the give you a tax benefit for donating that about what we might do to provide a President of the United States, I would computer. better future and to ensure that the re- like to take this opportunity to sug- Now, we have a company, a nonprofit tirement needs in this country are met gest to the President of the United corporation in California and it is in 21 when the time comes. States that he come out with a very States, called Detwiler Foundation. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H949 They take that computer and they use spend their own hard-earned money. aside as not being legitimate, but let prison labor to upgrade that computer. For our senior citizens, let us start us suspend that argument for a while If they do not serve so many hours in putting the Social Security Trust Fund and say that opportunity programs working on education or work, they do money aside in real dollars so that the which help all poor people are cer- not get their privileges. So it brings a Social Security Trust Fund is restored tainly desirable, and if both parties, triple force right there. They then turn and safe for our senior citizens, and let Democrats and Republicans, want to that computer down to the school, us make sure that our Medicare system join in doing that, let us do that. But ready to plug in. is solid and solvent so that our senior as we debate the process, let us under- So that is what it takes as a Federal, citizens are assured that their health stand that if we are going to help peo- a private, and a State partnership. But care will be taken care of. ple who need help, the poorest people again, the focus should be on the teach- For all Americans, let us make sure in our society, if we are going to help ers, the parents, the families and the that we provide a strong defense for the children in inner cities’ education community to make those decisions. this Nation and a clean environment as systems, the schools that need repair But that is what we talk about as far we look forward to the future. Let us most, the schools that need new class- as commitment, and making it happen dare to dream that we can restore this rooms, the schools that need to be and coming up with those kinds of so- great Nation and once again have the wired for the Internet, if we are going lutions, which means less government. greatest Nation in the world. Let us to help them, it costs money. Mr. NEUMANN. Mr. Speaker, re- not be afraid to dare to dream. So whenever we have a discussion of claiming my time, we are very near the f money, let us not retreat from the nec- essary resources to provide the oppor- end of the hour here and I would just BUDGETARY PRIORITIES kind of like to wrap this up. We talked tunities for people who do not have op- about daring to dream. We talked The SPEAKER pro tempore (Mr. portunities. That is going to be our about my personal life where we REDMOND). Under the Speaker’s an- modus operandi. We are going to focus reached a point that we could not pay nounced policy of January 7, 1997, the on providing opportunity versus pro- viding corrections and adjustments for our bills, where we started a business gentleman from New York (Mr. OWENS) people who have been discriminated and turned it into something. is recognized for 60 minutes as the des- We talked about starting the home ignee of the minority leader. against. Then let us really provide the funding. building business and suffering through Mr. OWENS. Mr. Speaker, I want to talk today about the most important Let us deal with the funding for the years where we lost money, and turn- subject we have to deal with here, and schools in the inner city communities. ing that company around and getting that is finances, budget and appropria- Let us deal with the funding necessary to the point where we were building 120 tions. I want to talk about it in the for school construction, necessary for homes a year and providing 250 job op- context of financing two societies and increasing classrooms, so that as we in- portunities. And daring to dream that the way we deal with two different crease the number of teachers and we in the United States of America, even groups. decrease the ratio of children to teach- if you have no political background, One society I would say is the inter- ers, we have the space to do it. As we that in this great Nation that we live national banking and investment com- pursue those objectives that have been in, where if you want to run for office munity, which when they approach us outlined by the President for edu- you can run for office, and we ran twice for help it seems always to get an im- cation, let us deal with the funding the and lost, but we had a dream that it mediate response of billions of dollars same way we deal with funding for the could still happen. to go into the International Monetary international investment community. We got elected and came in here with Fund or to bail out Mexico. Now we are We have on the agenda in a few a very specific dream. We came in here talking about bailing out South Korea, weeks a bill which will call for at least in 1995 and we dared to dream that we Indonesia, Malaysia, and the imme- $18 billion to be added to the Inter- could balance our budget before the diate response of billions and billions national Monetary Fund. The Amer- turn of the century and quit spending of dollars. ican taxpayers are going to be called our kids’ money. We dared to dream In the other society I would lump all upon to add $18 billion to the Inter- that we could make payments on the of us together and start with my most national Monetary Fund. Federal debt and start paying this important concern, and that is schools, Now, there are some complications thing down, so instead of our kids get- financing for schools, assistance for about one portion of it is $3 billion and ting a legacy of huge debts and interest schools. School construction at the top the other portion is $15 billion; it is not payments, that we could actually start of that list, but everything related to really going to affect the budget, and it paying down the debt and maybe give education. is not really an aid program, it is a our country to our children debt-free. There is a double standard with re- loan program, and we only contribute We dared to dream that we could start spect to the International Monetary to it and other nations contribute; putting the money away for Social Se- Fund and the way it comes to the relief there is a whole lot of malarkey which curity so our senior citizens could once of the international investment com- seems to hide the fact that it is money again rest assured that their Social Se- munity, versus the funding that we re- out of the Treasury, out of the coffers, curity was safe, and we dared to dream ceive and the kinds of debate and delib- which could be going to some other that we could reduce the tax burden on eration that we have when we are fund- purpose, and it goes into the Inter- American workers. ing education or when we are funding national Monetary Fund. Those things have all come about in other vital domestic programs, or when We are the biggest contributor there. Some people say we are approaching a less than 3 years. They have come we are funding certain African and Car- point where almost 50 percent of the about far faster than anyone even ibbean countries, Caribbean aid and funds in the International Monetary dared to dream that they could pos- Caribbean trade always have a second Fund will be funds from the taxpayers sibly happen. class status. They are in the same cat- of this country. Now we are here. It is time to look egory as funding for domestic programs ahead and to look where we are going that help poor people. b 2045 to. I would like to challenge my col- We are committed, we say, both par- So we are going to have that bill on leagues to dare to dream for the future ties say that we are really concerned the floor. We have a bill tomorrow on of this country. about using Federal resources to help the floor related to Africa, the African For our kids, let us give them a debt- people who are disadvantaged. Low-in- Growth and Opportunity bill, which I free, drug-free America where edu- come people should be helped as op- think is related to the discussion, too. cation is once again number one in the posed to special groups, affirmative ac- We are going to have, I hope, later on entire world. For our workers, let us tion is condemned as helping special a bill related to the Caribbean Basin reduce the tax burden at all levels of groups, and the justification for that is Initiative NAFTA Parity, how we deal government by at least a third, so that condemned. with trade with the poor, sparsely pop- they are once again empowered to I do not agree with that approach ulated countries of the Caribbean: make decisions about how they will where affirmative action is tossed These are all related. H950 CONGRESSIONAL RECORD — HOUSE March 10, 1998 I apologize if I do not proceed in a whole lot of their program of cuts in; struction over a 10-year period, we may way where you have a simple topic, and some needed, and many not needed, spend 20 to $21 billion. But we are going I move from A to B, and it is an easy many devastating. to rush to bail out these corrupt econo- straight line, and you do not strain But on education, our ability to mies of Indonesia and South Korea, et your brain to follow me. I think it is bring the message to the floor, to talk cetera, and we are going to pay bil- necessary for us to understand that to the American people about the pro- lions. this is a very complex world, and that posed cuts in Head Start, the proposed They are talking about $50 billion in a very complex process is undertaken cuts in the school lunch program, our Indonesia, which means that about half when we spend your taxpayers’ money. ability to make our case, shape public of that will somehow come out of the I think it is also important to under- opinion, and win the Republicans with- American taxpayers’ coffers. South stand every voter, every American citi- out the measure, the public opinion in Korea, there is about 40 or $30 billion zen has a stake in this process. Do not their poll and in their focus groups, there. A majority of that is going to go to sleep. Do not let your eyes glaze they found that the public definitely come out of the American taxpayers’ over when I mention matters like the was not happy with their program to coffers. International Monetary Fund. It is move the Federal Government out of So what is it? Will Indonesia’s cor- your money. its programs of aid to education. rupt or bankrupt system now get more Do not make the mistake of thinking Instead of a $4 billion cut, which we benefits from the American taxpayers you have no stake here, and you also resisted and avoided in 1995, in 1996, the than the school children of America have no power to help make the deci- same majority Republicans proposed a who need classroom space? They need sion. Every American voter has a great $4 billion increase. I use this example safe schools. They need wiring for com- deal of power. As recent elections because it is one example of the power puters. They need computers. show, which have been very close, the of public opinion and how dramatically What does it mean to have those election for the House of Representa- things can turn around, ideology not- kinds of amounts of money flowing out tives, the election for the other body, withstanding, ceremony notwithstand- of the American Treasury to these they are close enough to let you know ing. countries? that every vote counts, and what you People have their agendas, and they I am not against IMF, the Inter- think and how you vote, how you react want to cling to them, but because this national Monetary Fund, the World to what we do here is very important. is a democracy, and in the end, the peo- Bank, United Nations. These are all Your input matters a great deal. ple at the polls will determine who has international institutions which I sup- Democracy plays itself out in a very power, the majority parties saw that port wholeheartedly. I am enthusiasti- complex way nowadays, and you ought their power was threatened if they con- cally in favor of using these various to understand that. You ought to un- tinued on their policies and their international institutions to maintain derstand that, beyond your single vote dogma related to Federal aid to edu- peace and harmony and prosperity in at the poll, you have another role. cation. They turned around. They are the world as far as you can. We should Every citizen has a role in shaping pub- out now trying to sell themselves, the support them. lic opinion, because public opinion majority Republicans, as a party for But we should not allow them to be drives the decision making in this education. used as instruments for swindling the House of Representatives. We are in a situation where both par- taxpayers of this country and for op- Both parties have very elaborate, ties have strong rhetoric programs pressing the people of the other nations very well-structured processes for about education. I say rhetoric, be- like Indonesia, oppressing them measuring public opinion. It leads to cause I do not think either party is de- through billions of dollars that are some amazing results because we do livering as it should. But certainly, if poured in by American banks and in- measure public opinion. we were to follow the leadership of vestors. Will Indonesia get better I never get tired of using the example President Clinton and the kind of pro- terms than we get? of the 1996 turnaround on education, gram elaborated in the State of the We are talking about a school con- how the Republicans took over the Union address, the Democrats and the struction bill now that does not have House of Representatives. They had the people who have good common sense any grant in it. Listen closely. There majority, and they began to wage war would have a program for education was a time when we were talking about on education, and the Federal involve- that was far beyond rhetoric. It would school construction aid from the Fed- ment in matters related to education. be a reality. Certainly, in the area of eral Government which had grants. There was a war which was almost construction, we need that reality. You give the money to the areas with like, you know, take no prisoners, you So I am saying it pays for the people the greatest need. You give some por- know, a scorched earth policy. with the power. Every American out tion of it. Other portions were going to They called for the elimination of there who votes has power. It pays for be loans. the Department of Education. They you to understand what is going on Now we are talking about a school called for cuts in Head Start. They here. I wish that you would join us in construction initiative which are called for dramatic cuts across the spreading the word so that other people strictly loans, strictly loans. There are board in education programs. At one will understand what is going on here. no grants. Now we are going to have a point, the cuts that were being pro- In order for you to do that, you need to program for school construction. It is posed added up to about $4 billion. go in some processes of circular reason- being finalized now, the Rangel/Lowey Because we had a process whereby we ing, and not just follow the simple A to bill, which is the President’s bill, also. came to the floor, the House of Rep- B to C to D approach. It is his initiative. resentatives was meeting on a regular We need to talk about the coming I am grateful for that initiative, be- basis. In fact, in that first year, I think vote on IMF, which will pull out of the cause it is far better than anything we made history in terms of the hours Treasury $18 billion; the vote on the else we have, but it is loans. It is for- that were put in on this floor where the Africa Trade bill, which is a different giving the interest on bonds, I mean for new majority pressed their Contract kind of situation from what is going to giving a tax credit. Let me just go with America. happen with the bailouts; money that back. This is complicated. I am not But the fact that they were pressing the IMF will give to Indonesia or to sure I have it all straight. But you can their Contract with America gave the South Korea, or to some of the other follow up and investigate, because I minority an opportunity to answer. In more developed economies that have think we need to begin to unravel some the process of the minority answering, had tremendous investments made of these financing mechanisms and un- we got a message out to the people, our there. derstand what is going on. message on education. What does it mean that we are will- We are going to have money go to We did not succeed on all matters. ing to spend so much money in these schools through their States and their They did cut housing programs dra- highly developed societies when they localities as loans. The loans will come matically. They made $22 billion in go bankrupt as a result of corruption from the private sector. The private cuts across the board. So they got a usually? Talking about school con- sector will be given a tax credit in lieu March 10, 1998 CONGRESSIONAL RECORD — HOUSE H951 of the interest. Instead of the schools, global economy, schools must be well- have the money for school construc- the local education agencies, the equipped, and they must be able to ac- tion, we want to use the surplus that States, localities, instead of them hav- commodate smaller class sizes. we are about to get, use that for Social ing to pay the principal and the inter- To address these and other critical Security. We are going to use it for est, they will only pay back the prin- needs, the President’s fiscal year 1999 some other purpose. cipal. budget will propose Federal tax credits We do not want to begin to go back That is a pretty good deal; no inter- to pay interest on nearly $22 billion in into deficit financing; if you propose to est loans. But the Federal Government bonds to build and renovate public build new schools or to renovate old will finance that by giving the lenders schools. This is more than double the schools, the problem is that you are a tax credit, which would equal the assistance proposed last year which going to get into big spending. Well, if amount of interest that they would covered half the interest of an esti- you are going to give the International have charged. That sounds like a good mated $20 million in bonds. Monetary Fund $18 billion over a short deal. The new proposal provides tax credits period of time, right away, then is that Over a long period of time, if the pay- in lieu of interest payments for inves- not big spending also? How can we do ment required of the localities, tors in two types of bonds, school mod- that big spending, investing in the bail- schools, school boards, if that repay- ernization bonds, and the expansion of out of corrupt enterprises across the ment is spread over a long period of the qualified zone academy bonds cre- ocean, when we cannot deal with a time, it is an even better deal. I do not ated last year. faster and a more thorough response to know exactly how long a period of time These tax credits will cost the Treas- the financing of school construction. it will be spread over. ury $5 billion over 5 years and more I do not know exactly how much of a than $10 billion over 10 years. In other Let us ask the question and let the tax credit the private sector will get in words, the tax credits that will be experts answer it. At least we must be terms of the interest rate and what is given to the private investors will intelligent enough to keep asking the going to be the going rate. You need to amount to $5 billion over 5 years and right question. know that in order to compare the deal $10 billion over 10 years. School modernization bonds, 19.4 bil- we are giving our children, our school Over a 10-year period, the private in- lion and zero interest bonds, that is 9.7 systems to the deal that the IMF will vestors are going to loan the schools billion in 1999 and 9.7 billion in the give to Indonesia and Malaysia and $22 billion, according to this scheme, if year 2000, are proposed for construction these other countries. What kind of it follows through in detail. They are and renovation of public school facili- deal are they getting? going to make $10 billion back on their ties. The Department of the Treasury In the international marketplace, money. They are going to receive $10 will allocate the rights to offer these what kind of interest rates will be billion of tax. It is going to cost the special 15-year bonds. charged on the loans that they will be Treasury in tax credits. That is a pret- I asked before, how long a period given in order to bail them out, and ty good deal for the private sector. would they have to pay. Now we hear, over what period of time? Will they How good a deal is it to the school sys- they will be 15 years, 15-year bonds to really be getting a better deal? They tem? States, territories and certain school may be getting a better deal automati- b 2100 districts that have submitted school cally because their deal is going to I am not sure. I serve on the Commit- construction plans to the Secretary of move fast. Education. I will not read all of this. The schools are required and the edu- tee on Economic and Educational Op- cation agencies and the State edu- portunities. I have been there for 16 I will include this document entitled cation departments are required to do years. Modernized Schools for the 21st Cen- a great deal of preparation and show There was a time when I would not tury. It is just a one-page explanation that they have a plan to revamp their even undertake this kind of discussion of the school modernization program. I schools and to construct new schools, because I trusted our colleagues on the think it is a good summary. Instead of and that they are going to come for- Committee on Ways and Means and the reading it, I would like to submit it. ward with some contribution of their Committee on Appropriations to deal School construction plans would not own. with these issues. But the longer I be accepted unless they meet certain There are a lot of things that are re- stayed on Education, the more I real- requirements. In order to receive a quired. Some of the States would have ized that our problems, the way we bond allocation, States, territories and the greatest needs; they have the deal with the funding for schools, the the eligible 100 school districts will be greatest low-income population that is resources that schools need, the way required to submit a plan to the Sec- suffering; are least concerned about we deal with opportunities to learn, retary of Education. their low-income population. you cannot complete the process, you As I said before, there are two types So if they are required to make any cannot get what you need unless you of plans. One is for construction and match, any effort, they may reject it. focus on where the money is going one is for qualified zone academy If they are required to do this over a from the Federal Treasury, unless you bonds, a kind of bond that has been period of time, they may never get confront the people on the Committee created for certain districts where you around to submitting the necessary pa- on Appropriations who continually say have high poverty rates. perwork. They may never get around there is not enough money, unless you to meeting the necessary conditions. confront the administration, unless I think the basic here is that you So we may have a far worse deal you confront the leadership of the have 15 years to pay back the principal being offered by the Federal Govern- House. They insist there is not enough and the Federal Government will pay, ment of the United States to our money. will be responsible for the interest by school children of America than we are So in order to deal with the basic giving tax credits to the private sector offering to the corrupt bankers and concern that I have of improving edu- which issues those bonds to the States, manufacturers and politicians of Indo- cation in America, funding education territories and certain school districts. nesia. in America adequately, I have to chal- It may be a better deal than Indo- Let me just read for a moment what lenge all of the assumptions that are nesia will get, but I am not sure. I sus- this school constructed initiative pro- being made about where the priorities pect that because Indonesia will get poses to do and give you a better idea are, where the money is going. their money so much faster and be- of how you should be talking to other I think the American people, the cause they are in a situation where the people about the proposal. voter out there, have to use his or her private market has a higher interest The modernized schools for the 21st common sense in the same way. You rate, they will be placed at a great ad- Century follows what you heard Presi- have to look at the total picture so vantage. Those corrupt people who dent Clinton propose in the State of that when your Congressman tells you, have now gone bankrupt will get the Union address. In order for stu- we would like to fund schools and I am money at a far lower interest rate than dents to learn and to compete in the all in favor of education, but we do not they would have, than they would get H952 CONGRESSIONAL RECORD — HOUSE March 10, 1998 if they had to deal in the private sec- that double standard, how not only it That is the name of the Welfare Re- tor. It is rewarding corruption and in- applies to our own concerns domesti- form Act that plunged so many people competence and rewarding it quite rap- cally, but when the U.S. starts giving into a new level of desperation in our idly, using American taxpayer money aid to countries in Africa or aid to society. to do that. countries in the Caribbean region, we But to continue quoting the gen- My question is, why do we deal with do not behave the same way we behave tleman from Vermont (Mr. SANDERS) that set of people with such generos- with these big sovereign predators who from his article that appeared in The ity? What have they done to earn such have these big economies that require Hill on January 28: generosity while we are so slow? billions and billions of dollars. But when foreign governments, some led Here we are in the fourth year of our I came out of that meeting thinking by corrupt authoritarian billionaires, need discussion of an initiative to aid school that, hey, Suharto is very much like assistance, the United States is there in construction. It has been a no-no for so Saddam Hussein. He is an economic rapid-response fashion to help them out. long. In the meantime, we have bailed sovereign predator. He sucks in invest- Where are the risks for the poorly managed governments which have run their economies out the savings and loan associations; ments from all over the world and uses into bankruptcy? Where is the self-regula- $500 billion it cost the taxpayers. And them to enrich his family and his cro- tion of the free enterprise system for the we bailed out Mexico; Mexico was near- nies and pours them into phony enter- wealthy special interests of Asia that have ly bankrupt. And we are now about to prises. borrowed more money than they can repay? bail out certain Asian countries, in- They have an aircraft manufacturing Where is the magic of the marketplace for cluding Indonesia. enterprise where, the whole world the reckless investors and speculators that I keep referring to Indonesia because knows, they are never going to produce have made huge profits by investing and it is a particularly difficult situation decent planes. Nobody is going to want lending money in Asia, but now want U.S. to fly the kinds of planes they produce, taxpayers to bail them out; or corrupt dic- to swallow. It is hard to accept what is tators, like President Suharto of Indonesia, going on in Indonesia. Indonesia has an if they ever get around to producing whose family is worth $30 to $40 billion and authoritarian regime headed by a man any at all. who has invested much of his money abroad who used to be a general, General They have an automobile concern in foreign currencies? Suharto. Now President Suharto, who headed by one of his sons which is sup- Should the taxpayers of this country really has been in office, I think he is going posed to manufacture the international be providing 19.3 billion as part of the bail- into his fifth term, five-year terms, automobile for Indonesia, and the auto- out of these huge profitable banks and their mobile is really made in South Korea. overpaid executives? Is that really the way like he has been there 25 years, he runs the system is supposed to work? I do not the country with an authoritarian They bring it out of the factory in In- donesia and they give it a subsidy. If think so. That is socialism for the rich and hand. He is in the same category as the powerful and Darwinian capitalism for Saddam Hussein. you buy one of those automobiles, you the middle class and the poor. I called Saddam Hussein a sovereign do not have to pay the same taxes you The International Monetary Fund bailout, predator. Saddam Hussein has all the pay if you buy other automobiles be- as currently designed, is illegal and in viola- power, all the authority, there is no de- cause that is supposed to be the na- tion of the Sanders-Frank amendment of 1994 mocracy. There are no institutions free tional automobile made in that nation. which requires U.S. representatives to inter- national financial institutions to urge bor- to criticize him or challenge him. He The owner of that factory is one of his Suharto’s sons. So on and on it rowing countries to guarantee internation- has all the power. There is no likeli- ally recognized workers’ rights and to in- hood that anybody is ever going to be goes. Let us just take a minute, do not let clude the status of such rights as an integral able to internally overthrow Saddam your eyes glaze over, look at the Asian part of the institution’s policy dialogue with Hussein. He uses the power to create a each borrowing country. This has not been bailout through the eyes of my good military machine, manufacture mas- done. friend, the gentleman from Vermont sive numbers of military weapons and In Indonesia, for example, Muchtar (Mr. SANDERS). He wrote an article for Pakpahan, the head of the Independent Indo- maintain a massive army which can be The Hill, which I think gives a very nesia Labor Welfare Union, is still in jail be- used only for destruction to keep the good summary of what we are dealing cause of his belief that workers have the people under control within the coun- with here. I quote from the article that right to freely organize and join unions. No try, and to also lead to promote ven- appeared in The Hill newspaper, one believes that Indonesia guarantees inter- tures like the invasion of Kuwait. If he Wednesday, January 28, 1998. national recognized workers’ rights. was not stopped, had not been stopped Again, Mr. Speaker, I will ask that I will conclude my reading of sec- by the U.S., he would be probably in- this article be entered in its entirety in tions from this article at this point. vading Saudi Arabia and everybody the RECORD. I will not have to read it The point is being made here that we around him who is weak enough to be all. I think it is pertinent. It is short have in Indonesia not only a corrupt, swallowed up by the monster Iraq. So and to the point. I would like to have bankrupt system, but they are also vio- Saddam Hussein is a sovereign preda- it in the RECORD. lating the requirements that we have tor of a certain type. Just quoting parts of the Sanders ar- placed on our international monetary General Suharto in Indonesia is not a ticle, which is entitled ‘‘Asian Bailout institutions. They are in violation of military threat. He is a different kind Is Unfair,’’ it is counterproductive, and the principle that held us together, the of sovereign predator. He has all power, he goes so far as to say it is illegal. majority of the Members of Congress, too, the military, everything under his It is amazing to me that even as President held us together against the free trade control. But he is only interested in Clinton and Speaker Gingrich tell us we have fast track. making money for his family and him- to cut back on Medicare, Medicaid, veterans’ We had the fast track process being self and his cronies, and he has used his programs, affordable housing and children’s proposed last fall, and in November of power to enhance his money. needs, and perhaps even Social Security in last year we defeated, we did not defeat There was an article in the New York the near future, that we can provide some $15 it, we let it be known that there would Times this past Sunday, March 8, in to $20 billion in loans to Indonesia, Thailand, not be enough votes for it on the floor. the Week in Review. It was called Indo- the Philippines and South Korea. This action So fast track trade processes did not will only increase public cynicism. nesian face off, drawing blood without American workers have seen a substantial get okayed or approved by this Con- bombs. I was very impressed that the decline in their standard of living over the gress. It never got to first base in this reporter, David Sanger, used the same last 20 years even as they are working longer House of Representatives. It was not comparison that I had begun to think hours for lower wages. Twenty-two percent put on the floor because they knew it of when I attended a meeting last of the children in this country live in pov- would be defeated. week. erty. Millions of elderly people cannot afford One reason we had solidarity there I sat in on a meeting of the Congres- prescription drugs. Forty million Americans was that so many of us agreed that the sional Black Caucus leadership and the lack health insurance. And there has re- effort that we had been waging to get cently been a significant increase in home- head of the IMF to discuss some of the lessness and hunger. For those people there standards placed into the international same issues we are talking about here. is apparently no government assistance trade agreements, which require gov- Why is there a double standard? I am available, only the virtues of personal re- ernments to recognize unions and to going to talk in a few minutes about sponsibility. permit union organizing, were not March 10, 1998 CONGRESSIONAL RECORD — HOUSE H953 going to go forward, that we would not way is minuscule, the amount that capita income here when we break it have a chance to do that on the fast they have sold to us. out in terms of wage earners. South track. So the Africa Growth and Trade bill Korea is $8,000; Taiwan $2,400. But Afri- b 2115 will be opening up a great new market. ca’s per capita income, I said $383. No, It will be establishing a dialogue, and it is $460. We also had concerns about environ- mostly it is about dialogue. There is So I am saying, again, two societies, mental standards, and that is not going very little money in that bill that is two approaches. When we come to ap- to be done. I hope that negotiation going to be on the floor tomorrow, and proaching Africa, we have been very process is going on and that we will not it is important that people understand mean, very stingy. We do not have any have a replay of the fast track drama; that. At a time when we are consider- real trade going. Only .6 percent in tex- that whatever new trade bills come ing International Monetary Fund bail- tiles. And I assure my colleagues that back to this floor will have that re- outs for these overheated developing overall imports from Africa are not quirement in them. economies in Asia, we should not mix much better, but we want to apply very We have a bill that is coming to the it up and get confused and say we do stringent standards to Africa now. But floor tomorrow, the Africa Growth and not want any trade bills. we did not apply those to China. China Trade Act, which has provisions in it The Africa trade bill is an example of is getting already a big share, and we to deal with the problem of the right of a great need that will benefit this did not apply those standards to China. unions to organize. No nation like Ni- country ultimately, because it opens We did not apply those standards to geria in Africa would be allowed to par- and builds new markets. It is a great Mexico. ticipate in this Africa Growth and process of trade that has not gone for- People have approached me and said, ‘‘I am concerned. If we let Africa have Trade bill since it does not have that ward which is to our advantage, and a greater percentage, and we import kind of freedom for labor unions. We that will be opened up by the Africa more textiles from Africa, will that not have written it into the bill. Growth and Trade bill. throw American workers out of jobs?’’ So we have a situation here where But I hear complaints. There is tiny And my answer is I doubt it seriously. the kind of violations and the kind of amounts of money that may be in- I think if there are any people thrown abuses that have been permitted in In- volved there in terms of trade in tex- out of jobs, they will be in Hong Kong donesia and some other Asian coun- tiles, so we have a lot of problems with tries while they enjoy the benefits of or China or Taiwan, because they have people saying we do not want any more the lion’s share. They got that way be- the International Monetary Fund, will competition for our textile industry. not be allowed in this process of trying cause they had cheaper labor and they And certainly I have friends in the could undercut the labor cost in the to help Africa. labor movement I have worked with for Here again I want to talk about the United States. They do not have cheap- years on this problem of competition er labor than Africa. double standard. Africa has not re- with our industries, textile or other- So if we want the market processes ceived any substantial aid from the wise. The amount of textiles imported to continue to work, Africa will take United States. I think if you add all of from Africa at this point is .6 percent. some of the textile business away from the aid of all kinds that flow into Afri- Less than 1 percent. All of the coun- these countries that have now pros- ca from the United States we have tries of Africa combined, less than .6 pered. They have higher labor costs about a billion dollars. A billion dol- percent. and they will be the ones who lose. We lars in aid the last year we have I have a chart here that shows that have already lost it. We have already records for flowed from the United on the other hand the amount that is lost these tremendous percentages to States to Africa. The huge continent of exported from places like China, which China, to Mexico, to Taiwan, to Hong Africa got a billion dollars in aid. The by the way has no environmental Kong and to South Korea. They are Caribbean countries, the little islands, standards and they do not allow free doing very well. Now, if we allow inter- got far less than that. When we lump organization of labor unions, here is a national monetary forces to work with- them all together they got far less chart called ‘‘Comparison of U.S. Tex- out any interference, Africa would take than that. tile Imports From Major Suppliers and some of the textile business away from So there is an issue of a standard of from Sub-Saharan Africa.’’ Total im- these countries and not from the operation with these needy countries, ports, $19 billion. United States. disadvantaged countries, countries And they give some of the break-out Mr. Speaker, I wish to include for the that are just getting started. And by from the various countries that enjoy a RECORD at this point the chart labeled the way, these are nations that will percentage of that support. At the top, ‘‘Comparison of U.S. Textile Imports provide far greater markets for our of course, is Mexico. Mexico has 11.5 From Major Suppliers and From Sub- products than our Asian corrupted percent of the imports of textiles. We Saharan Africa.’’ partners. The balance of trade with import from Mexico, out of our total, some of these countries that we are and they get a big share, 11.5 percent. COMPARISON OF U.S. TEXTILE IMPORTS FROM MAJOR going to be bailing out is already They are right across the border, and SUPPLIERS AND FROM SUB-SAHARAN AFRICA skewed so that we are importing far of course NAFTA has made it possible Total more from them than they are buying for them to enjoy great advantages. So 1996 MFA Fibers (in Percent 1996 1994 from us. they are the biggest importer. of 1996 U.S. tex- GNP per millions of total tile im- capita So we are not only helping corrupt Second to Mexico is the faraway square me- ters) imports ports (in income investors and corrupt institutions in country of China. The faraway country millions) these Asian countries, certainly like in of China that does not allow its unions Total Imports ...... 19,070.766 100.00 $45,932 $4,470 Indonesia, but we are also financing to organize, is not involved with envi- Mexico ...... 2,207.063 11.57 4,232 4,180 China ...... 1,644.861 8.63 4,892 530 our competitors. American workers are ronmental standards, and they get 8.6 Taiwan ...... 1,203.465 6.31 2,733 12,100 being jeopardized and displaced by the percent, 8.6 percent of the total in our Hong Kong ...... 891.950 4.68 4,031 21,650 India ...... 869.682 4.56 1,737 320 cheap labor markets in the same coun- textile imports. S. Korea ...... 729.189 3.82 2,049 8,260 tries we are now going to bail out. Taiwan, 6.3 percent. Hong Kong, 4.7 Thailand ...... 631.137 3.31 1,402 2,410 Sub-Saharan Africa ...... 127.413 0.67 383 460 The African nations are not among percent almost. India, South Korea, these competitors. We have a very tiny Thailand. The standard of living in Source: 1997 Major Shippers Report and World Bank. trade with Africa. And by the way, the countries like Hong Kong, Taiwan, and Mr. Speaker, I want to conclude by trade with Africa is in surplus in the South Korea is quite high versus the making some comparisons here. A bil- other direction: $6 billion in the last standard of living in sub-Saharan Afri- lion dollars is a lot of money, and we period that is recorded. That is small ca, where the per capita income is $383 should never minimize the fact that a compared to what we do with Japan per year. I am sorry, the per capita in- billion dollars from the taxpayers is to and China and Indonesia, et cetera. Six come of Taiwan, for example, is $12,000 be treasured and a great value should billion dollars. But it is on our side. We a year. Per capita income in Hong be placed upon it. And when we talk sold them products worth $6 billion. Kong is $21,000. Per capita income. about $18 billion going into the Inter- The amount of trade coming the other That may be pretty close to our per national Monetary Fund, we already H954 CONGRESSIONAL RECORD — HOUSE March 10, 1998 have a lot of money going into the now; six urban, three rural, and one In- lunch program, they know that 93 per- International Monetary Fund. We have dian reservation; and 100 enterprise cent do qualify. So the low-income pop- been pouring a lot of money in. communities. I asked my staff to just ulation they can calculate by looking So the big question to ask is: If it is check how much have we spent. These at the fact that the high-income, those not a giveaway, if it is not aid but programs have been going now for 2 who are above the level where they loans, after it has existed for so long, years. How much have we spent on all qualify for school lunch programs, are why do we continually have to put these enterprise zones and the em- low. So they give the math score and money in? Why does the return of the powerment zones? And the estimate is they give the reading score, and they principal and the return of interest on that in 2 years these zones that are give the percent of changes in reading the principal not keep the fund at a spread across several cities and rural and they rank the whole city, and they point where we do not need to keep areas, and these enterprise commu- give you the reading performance indi- pouring money in? We have been pour- nities, we have spent a billion dollars cation. ing money into the International Mon- in social services grants from the The reading performance is a meas- etary Fund in ever greater amend- Health and Human Services. ure calculated by the New York Times ments. These programs are comprehensive, comparing schools to similar schools A billion dollars. What does a billion and all the departments of government after taking into account student fam- dollars do? Let us take my concern contribute, so it is estimated that we ily income and English speaking abil- about schools in New York City, my have spent about a billion dollars in 2 ity as reported by the State. A score of concerns about school construction years. A billion. And we have $2.5 bil- 5 is the highest, and 1 is the lowest. there, and narrow it down to just one lion in anticipated tax expenditures of And they show you that, and very in- part of the school construction prob- revenue to the Federal Government be- formative things happen. lem. We have 300 schools that burn coal cause of the tax breaks. There are those of us who say that in their furnaces in 1998, in America, in The other part of the enterprise zone there is a relationship between the in- the big City of New York, which has all and empowerment program is we give come of a family and the performance kinds of pollution problems. tax breaks to industries that invest in of students at school, and we have said And the Daily News, the second big- these communities. A combination of that for years. But the New York gest newspaper in the city, has re- $3.5 billion for our number one eco- Times reading performance index cently completed a series of articles on nomic recovery program for cities and shows it quite clearly. We can just look asthma and the high asthma rate in our rural areas. and we will see clearly that there is a our city. We have the highest in the b pattern where the incomes were lowest. 2130 Where the incomes were lowest, we country. Asthma is the number one $3.5 billion over a 2-year period. And had the greatest problems in reading killer of children in our city, and yet we are going to drop $18 billion into the except for a few exceptions. And I we have 300 coal-burning furnaces. And International Monetary Fund in one think where there are exceptions, the these coal-burning furnaces, it is said action. Just compare what a billion chancellor of the school system, Rudy to convert them would cost us $1.3 mil- dollars is worth, and you will see that Crew, and of the other school authori- lion. Like everything in New York, I there are two sets of standards. When ties, as well as other school boards, ev- fear the cost is rather inflated. But to we are dealing with domestic concerns, erybody ought to take a look at the take one coal-burning furnace and like school construction, enterprise fact that are some low-income schools, change it into an oil-burning or gas- zones or any other activity of our Fed- a few, which perform very well. The in- burning furnace they say will cost $1.3 eral Government designed to help poor come was not an indicator of their million. people, we are nickel and diming, rel- reading performance. You know, they Well, if we take $1 billion out of the atively speaking, we are nickel and read very well. Something is happening $18 billion we are going to give away to diming the process. at that school which is unusual. But, Indonesia, what could we do with it in As I conclude on schools, the New by and large, 90 percent of the schools this situation? Simple arithmetic York City report on the performance of follow the pattern of the lowest in- would say that we could take care of the public schools in reading and math, comes and the lowest scores. And in the problem of all the coal-burning fur- the elementary schools, came out in the overall districts, we have the same naces, and that will cost us a little the Sunday New York Times. And I pattern. more than $300 million, probably about want to congratulate the New York Except, I think the people of Staten $330 million. For $330 million we could Times for not only in its Sunday paper Island better take a hard look at their take care of all the coal-burning fur- giving a spread which included every schools. Because it was very interest- naces in New York City, have the kids school that was involved and every ing that Staten Island, that section of in a situation where they are not offi- local school district, they had a big New York City which has strived to se- cially being victimized by their own spread that covered two pages and is cede from the city recently, they voted city, by their own school system, quite informative. they wanted to get out of the city and where the asthma problem is not being They went even further, and they put secede, mostly middle-income home- aggravated by public negligence. Wipe into this process a new calculation of owners’ favorite place to live, their it out. $330 million will do it. their own, a new way of analyzing the overall average in terms of income is So we still have $670 million left over statistics. They did something called very interesting. They are highest in from that billion. With that we could reading performance, where they took the city. They have 58.9 percent of the buy a large number of computers and the reading scores of the children in children who do not qualify for school we could wire schools, and we could go each school; and I will read what they lunches. That is the highest in the on to begin the process of building and did here. city. And yet their reading level is repairing our schools. Under the category called, ‘‘Reading nothing impressive. A billion dollars is a great deal of Performance,’’ they list the scores, And when you compare their reading money. When we look at the appropria- they list the schools, they list the stu- levels with their income, they are the tions for the International Monetary dent-teacher ratio, and they list the in- lowest in the State. The City of Staten Fund, we say, oh, it is no problem. come of that school. Income is meas- Island is taking a hard look at the fact Eighteen billion dollars more into the ured in terms of the number of children that they have a relatively prosperous International Monetary Fund is no who qualify for the Federal School population, people with decent incomes problem. But when we look at appro- Lunch Program. The percentage of and yet they are not performing well at priations for our own domestic con- children who qualify for the Federal all. That is the only exception to the cerns, like coal-burning furnaces and School Lunch Program, well, they do it rule in terms of district. school construction, it becomes a lot of in terms of children who do not qual- Other districts follow the pattern. If money. Big spenders, we are called. ify. They get a figure based on the the overall district had a very low in- Right now we have a program called number of children who do not qualify. come level, the percentage of students the empowerment zones. We have 10 If 6.6 percent of the children in the with low incomes, the district’s read- empowerment zones that are going school do not qualify for the school ing levels were also quite low except March 10, 1998 CONGRESSIONAL RECORD — HOUSE H955 for a few exceptions here and there. of activities in schools. We should be overpaid executives? Is that really the way And I say this in closing because I investing $7 billion a year in Head the system is supposed to work? I don’t want to reemphasize the fact that op- Start. And they had many other pro- think so. That’s socialism for the rich and portunity programs that we have grams that support poor communities, the powerful, and Darwinian capitalism for the middle-class and the poor. talked about in the poorest parts of our job training, economic development et The International Monetary Fund (IMF) population deserving help from the cetera, and they come out with a figure bailouts, as currently designed, are illegal government, our neglect of following of $56 billion a year that they think we and in violation of the Sanders-Frank our rhetoric with principle leads to sit- should be spending. That would be on Amendment of 1994, which requires U.S. rep- uations where these concentrations of the order of an operation bailout. We resentatives to international financial insti- poor students are not getting the kind would be doing for ourselves the kind tutions to urge borrowing countries to guar- of help that they need. of things we are so readily willing to do antee internationally recognized workers’ In an area like District 23 in Browns- in our own Nation if we would spend in rights, and to include the status of such ville, one of the lowest income levels rights as an integral part of the institution’s our own economy and own schools, in- policy dialogue with each borrowing coun- on these charts, you have the highest vest in our own institutions to the de- try. number of teachers who are not cer- gree it is needed. This has not been done. In Indonesia, for tified teachers. It is a place where a Modern, complicated societies re- example, Muchtar Pakpahan, the head of the great deal of effort is required to main- quire great investments in order to be independent Indonesia Labor Welfare Union, tain certified teachers. It is a place able to survive and to be productive is still in jail because of his belief that work- where you will find other kinds of prob- and for this Nation to continue to lead ers have the right to freely organize and join lems related to lack of resources that the world as it does. We are making a unions. No one believes that Indonesia guar- antees internationally recognized worker are needed. There is a correlation in great mistake when we pour our re- rights. that which should be taken into con- sources into foreign enterprises blindly Will the IMF bailout improve the lives of sideration, and it is not enough for the in order to bail out the private sector people who are affected? Experts as diverse State to make tours of schools, do while we are not willing to make com- as former Republican Secretary of the Treas- evaluations and ratings and decide to parable investments in our own insti- ury George Shultz, Jim Sheehan of the con- take low-performance schools and put tutions. servative Competitive Enterprise Institute, them into special programs. Mr. Speaker, I include for the Ralph Nader and the Friends of the Earth agree that it won’t. The problem is poverty, and the prob- RECORD the following: lem has to be addressed. We cannot ad- Finally, what does this bailout say about [The Hill, Wednesday, January 28, 1998] our position in the international economy? dress the problem of poverty if we are ASIAN BAILOUT IS UNFAIR, How does this crisis relate to our absurd going to continue with this two-society COUNTERPRODUCTIVE AND ILLEGAL trade policies which, this year, will run up a system. One approach to any kind of (By Rep. Bernard Sanders) record-breaking $200 billion trade deficit as activity which relates to international President Clinton’s proposal for the Asian American corporations continue to invest financing where bankers have invested bailout, which is supported by Speaker Newt billions in low-wage Third World countries, money, we will jump in with billions of Gingrich (R–Ga.) and a number of Repub- while laying off workers here? dollars to bail it out starting with the licans, is an insult to American taxpayers, The president and Congress must move to situation in this country, the Mexican counterproductive for movement toward a resolve this crisis and make certain that similar crises do not arise again. Let me sug- bailout, and now the bailout of Asian stable world economy, and illegal. It is amazing to me that even as President gest a few steps that should be taken as soon countries. We rush with our resources as possible: and money to put it into situations Clinton and Speaker Gingrich tell us we have to cut back on Medicare, Medicaid, veterans’ We must not repeat the errors of the past, which is going to make the invest- programs, affordable housing and children’s learning nothing from the savings and loan ments of bankers good, people who needs—and perhaps even Social Security in fiasco and the Mexican bailout. Instead, we have loaned money to these enterprises the near future—that we can provide some must use this crisis to fully debate the prop- in these countries at high interest $15-to-$20 billion in loans to Indonesia, Thai- er role for the United States in the global rates. They got high interest rates. land, the Philippines and South Korea. This economy, and all aspects of IMF policy; action will only increase public cynicism. Enforce the law and not support any IMF That is why they made the loans. bailout which does not guarantee inter- So they profited from high interest American workers have seen a substantial decline in their standard of living over the nationally recognized worker rights; rates, and now the taxpayers are going Make certain that the financial institu- to bail out the country so they get last 20 years, even as they are working longer hours for lower wages. Twenty-two tions responsible for the crisis pay for the their principal back also. So it is inter- percent of the children in this country live bailout, and not the taxpayers of the United national socialism, giving away large in poverty, millions of elderly people cannot States or the workers of Asia; amounts of money in situations which afford prescription drugs, 40 million Ameri- Implement a tax in the U.S. on inter- promote people who are rich already, cans lack health insurance, and there has re- national transactions on capital that creates and corrupt, and have created a situa- cently been a significant increase in home- an insurance fund for bailouts; and Make certain that the IMF does not imple- tion in the free market that they ought lessness and hunger. For these people, appar- ently, there is no government assistance ment a one-size-fits-all ‘‘austerity program,’’ to be allowed with free market re- which further impoverishes the workers of sources. available, only the virtues of ‘‘personal re- sponsibility.’’ Asia, and makes their exports into the On the other hand, we apply to Africa But when foreign governments, some led United States even cheaper, potentially cost- and to Caribbean nations a different by corrupt authoritarian billionaires, need ing us millions of jobs. standard, and we give them nickels and assistance, the United States is there in Finally, we must pass legislation prohibit- dimes and not much help. Just as we rapid response fashion to help them out. ing the president from expending any more approach situations in our own domes- Where are the ‘‘risks’’ for the poorly man- than $250 million from the Exchange Sta- tic economy, and when we deal with aged governments which have run their bilization Fund without the approval of Con- gress. vital domestic programs, we take a economies into bankruptcy? Where is the nickel-and-dime approach. This was an ‘‘self-regulation’’ of the free enterprise sys- tem for the wealthy special-interests in Asia MODERNIZE SCHOOLS FOR THE 21ST CENTURY approach taken by a reporter I men- that have borrowed more money than they In order for students to learn and to com- tioned last week. The Eisenhower can repay? pete in the global economy, schools must be Foundation came out with a report And where is the ‘‘magic of the market- well-equipped and they must be able to ac- which updated the current commission place’’ for the reckless investors and specu- commodate smaller class sizes. To address record, and they had in their report a lators that have made huge profits by invest- these and other critical needs, the Presi- list of investments that ought to be ing and lending money in Asia, but now want dent’s FY 99 Budget will propose Federal tax made by the Federal Government. U.S. taxpayers to bail them out? Or the cor- credits to pay interest on nearly $22 billion And I will leave my colleagues with rupt dictators like President Suharto of In- in bonds to build and renovate public this, investments in school reform donesia, whose family is worth $30-to-$40 bil- schools. This is more than double the assist- lion and who has invested much of his money ance proposed last year, which covered half should be $15 billion a year. They said abroad in foreign currencies? the interest on an estimated $20 billion in we should be investing $15 billion a Should the taxpayers of this country really bonds. The new proposal provides tax credits year just in school reform, not con- be providing $19.3 billion as part of the bail- in lieu of interest payments for investors in struction, just reform and other kinds out to these huge, profitable banks and their two types of bonds: School Modernization H956 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Bonds (a new proposal), and expansion of the relations between the United States Sec. 312. Transfer of functions. Qualified Zone Academy Bonds (created last and Russia, to preserve the preroga- Sec. 313. Under Secretary of State for Public year). These tax credits will cost the Treas- tives of the Congress with respect to Diplomacy. Sec. 314. Abolition of Office of Inspector Gen- ury $5 billion over 5 years, and more than $10 certain arms control agreements, and billion over ten years. eral of United States Information for other purposes: SCHOOL MODERNIZATION BONDS Agency and transfer of functions. CONFERENCE REPORT (H. REPT. 105–432) $19.4 billion in zero-interst bonds ($9.7 bil- CHAPTER 3—INTERNATIONAL BROADCASTING The committee of conference on the dis- lion in 1999 and $9.7 billion in 2000) is pro- Sec. 321. Congressional findings and declara- agreeing votes of the two Houses on the posed for construction and renovation of tion of purpose. amendment of the Senate to the bill (H.R. public school facilities. The Department of Sec. 322. Continued existence of Broadcasting 1757), to consolidate international affairs the Treasury would allocate the rights to Board of Governors. agencies, to authorize appropriations for the offer these special 15-year bonds to States, Sec. 323. Conforming amendments to the United Department of State and related agencies for territories, and certain school districts that States International Broadcasting fiscal years 1998 and 1999, and to ensure that have submitted school construction plans to Act of 1994. the enlargement of the North Atlantic Trea- the Secretary of Education. Sec. 324. Amendments to the Radio Broadcast- ty Organization (NATO) proceeds in a man- Half of the bond authority would be allo- ing to Cuba Act. ner consistent with United States interests, cated to the 100 school districts with the Sec. 325. Amendments to the Television Broad- to strengthen relations between the United largest number of low-income children, in casting to Cuba Act. States and Russia, to preserve the preroga- proportion to the number of such children Sec. 326. Transfer of broadcasting related tives of the Congress with respect to certain served (the Title I Basic Grant formula), to funds, property, and personnel. arms control agreements, and for other pur- provide assistance in accordance with each Sec. 327. Savings provisions. poses, having met, after full and free con- school district’s plan. Sec. 328. Report on the privatization of RFE/ ference, have agreed to recommend and do The other half would be allocated to States RL, Incorporated. recommend to their respective Houses as fol- and territories to provide to school districts CHAPTER 4—CONFORMING AMENDMENTS lows: in need of assistance in accordance with each That the House recede from its disagree- Sec. 331. References. State’s plan. The bond authority would be ment to the amendment of the Senate and Sec. 332. Amendments to title 5, United States allocated according to the State’s proportion agree to the same with an amendment as fol- Code. of low-income children (Title I Basic Grant lows: Sec. 333. Application of certain laws. formula), except that children in the 100 In lieu of the matter proposed to be in- Sec. 334. Abolition of United States Advisory school districts (above) would not be in- serted by the Senate amendment, insert the Commission on Public Diplomacy. cluded in the count. following: Sec. 335. Conforming amendments. School Construction Plans: In order to re- Sec. 336. Repeals. SECTION 1. SHORT TITLE. ceive a bond allocation, States, territories, This Act may be cited as the ‘‘Foreign Affairs TITLE IV—UNITED STATES INTER- and the eligible 100 school districts would be Reform and Restructuring Act of 1998’’. NATIONAL DEVELOPMENT COOPERA- required to submit a plan to the Secretary of TION AGENCY Education. The plans would (1) demonstrate SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. CHAPTER 1—GENERAL PROVISIONS that a comprehensive survey has been under- (a) DIVISIONS.—This Act is organized into taken of the construction and renovation Sec. 401. Effective date. three divisions as follows: needs in the jurisdiction, including meeting CHAPTER 2—ABOLITION AND TRANSFER OF (1) DIVISION A.—Foreign Affairs Agencies requirements for access by persons with dis- FUNCTIONS Consolidation Act of 1998. abilities, and (2) describe how the jurisdic- (2) DIVISION B.—Foreign Relations Authoriza- Sec. 411. Abolition of United States Inter- tion will ensure that the bond funds are used tion Act, Fiscal Years 1998 and 1999. national Development Coopera- for the purposes intended by this proposal, (3) DIVISION C.—United Nations Reform Act of tion Agency. including the requirement that they will 1998. Sec. 412. Transfer of functions and authorities. supplement, not supplant, amounts that (b) TABLE OF CONTENTS.—The table of con- Sec. 413. Status of AID. would have been spent on construction and tents for this Act is as follows: CHAPTER 3—CONFORMING AMENDMENTS renovation in the absence of these bonds. Sec. 1. Short title. State plans would also describe how they Sec. 421. References. Sec. 2. Organization of Act into divisions; table Sec. 422. Conforming amendments. will ensure that localities with the greatest of contents. need—as demonstrated by inadequate facili- TITLE V—AGENCY FOR INTERNATIONAL ties coupled with a low level of resources to SUBDIVISION A—CONSOLIDATION OF FOREIGN DEVELOPMENT AFFAIRS AGENCIES meet the needs—would be served. CHAPTER 1—GENERAL PROVISIONS TITLE I—GENERAL PROVISIONS QUALIFIED ZONE ACADEMY BONDS Sec. 501. Effective date. Sec. 101. Short title. This program, created by the Taxpayer Re- Sec. 102. Purposes. CHAPTER 2—REORGANIZATION AND TRANSFER OF lief Act of 1997, provides a tax credit to pay Sec. 103. Definitions. FUNCTIONS interest on bonds for a variety of expenses Sec. 104. Report on budgetary cost savings re- Sec. 511. Reorganization of Agency for Inter- (including building renovation) related to sulting from reorganization. national Development. certain public school-business partnerships. TITLE II—UNITED STATES ARMS CONTROL CHAPTER 3—AUTHORITIES OF THE SECRETARY OF The FY 99 Budget would expand these bonds AND DISARMAMENT AGENCY STATE to cover school construction and would in- crease and extend the bond authority by $2.4 CHAPTER 1—GENERAL PROVISIONS Sec. 521. Definition of United States assistance. billion (an additional $1 billion, to $1.4 bil- Sec. 201. Effective date. Sec. 522. Administrator of AID reporting to the Secretary of State. lion, in 1999, and $1.4 billion in 2000). This CHAPTER 2—ABOLITION AND TRANSFER OF Sec. 523. Assistance programs coordination and bond authority is allocated to States on the FUNCTIONS oversight. basis of their respective populations of indi- Sec. 211. Abolition of United States Arms Con- viduals with incomes below the poverty line. trol and Disarmament Agency. TITLE VI—TRANSITION f Sec. 212. Transfer of functions to Secretary of CHAPTER 1—REORGANIZATION PLAN State. Sec. 601. Reorganization plan and report. CONFERENCE REPORT ON H.R. 1757, Sec. 213. Under Secretary for Arms Control and CHAPTER 2—REORGANIZATION AUTHORITY FOREIGN AFFAIRS REFORM AND International Security. Sec. 611. Reorganization authority. RESTRUCTURING ACT CHAPTER 3—CONFORMING AMENDMENTS Sec. 612. Transfer and allocation of appropria- Mr. SMITH of New Jersey (during Sec. 221. References. tions. special order of the gentleman from Sec. 222. Repeals. Sec. 613. Transfer, appointment, and assign- Sec. 223. Amendments to the Arms Control and ment of personnel. Oklahoma, Mr. ISTOOK) submitted the Disarmament Act. following conference report and state- Sec. 614. Incidental transfers. Sec. 224. Compensation of officers. Sec. 615. Savings provisions. ment on the bill (H.R. 1757) to consoli- Sec. 225. Additional conforming amendments. Sec. 616. Authority of Secretary of State to fa- date international affairs agencies, to TITLE III—UNITED STATES INFORMATION cilitate transition. authorize appropriations for the De- AGENCY Sec. 617. Final report. partment of State and related agencies CHAPTER 1—GENERAL PROVISIONS DIVISION B—FOREIGN RELATIONS for fiscal years 1998 and 1999, and to en- Sec. 301. Effective date. AUTHORIZATION sure that the enlargement of the North CHAPTER 2—ABOLITION AND TRANSFER OF TITLE X—GENERAL PROVISIONS Atlantic Treaty Organization (NATO) FUNCTIONS Sec. 1001. Short title. proceeds in a manner consistent with Sec. 311. Abolition of United States Information Sec. 1002. Definition of appropriate congres- United States interests, to strengthen Agency. sional committees. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H957 TITLE XI—AUTHORIZATION OF APPRO- TITLE XIII—ORGANIZATION OF THE DE- Sec. 1704. Sense of Congress with respect to the PRIATIONS FOR DEPARTMENT OF STATE PARTMENT OF STATE; DEPARTMENT OF Treaty on Conventional Armed Sec. 1101. Administration of foreign affairs. STATE PERSONNEL; THE FOREIGN SERV- Forces in Europe. Sec. 1102. International commissions. ICE Sec. 1705. Restrictions and requirements relat- Sec. 1103. Grants to The Asia Foundation. CHAPTER 1—ORGANIZATION OF THE DEPARTMENT ing to ballistic missile defense. Sec. 1104. Voluntary contributions to inter- OF STATE TITLE XVIII—OTHER FOREIGN POLICY national organizations. Sec. 1301. Coordinator for Counterterrorism. PROVISIONS Sec. 1105. Voluntary contributions to peace- Sec. 1302. Elimination of Deputy Assistant Sec- Sec. 1801. Reports on claims by United States keeping operations. retary of State for Burdensharing. firms against the Government of Sec. 1106. Limitation on United States vol- Sec. 1303. Personnel management. Saudi Arabia. untary contributions to United Sec. 1304. Diplomatic security. Sec. 1802. Reports on determinations under title Nations Development Program. Sec. 1305. Number of senior official positions IV of the Libertad Act. Sec. 1107. United Nations Population Fund. authorized for the Department of Sec. 1803. Report on compliance with the Hague TITLE XII—DEPARTMENT OF STATE State. Convention on International AUTHORITIES AND ACTIVITIES Sec. 1306. Nomination of Under Secretaries and Child Abduction. Assistant Secretaries of State. Sec. 1804. Sense of Congress relating to recogni- CHAPTER 1—AUTHORITIES AND ACTIVITIES tion of the Ecumenical Patriarch- Sec. 1201. Reimbursement of Department of CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF ate by the Government of Turkey. State for assistance to overseas STATE; THE FOREIGN SERVICE Sec. 1805. Report on relations with Vietnam. educational facilities. Sec. 1311. Foreign Service reform. Sec. 1806. Reports and policy concerning Sec. 1202. Revision of Department of State re- Sec. 1312. Retirement benefits for involuntary human rights violations in Laos. wards program. separation. Sec. 1807. Report on an alliance against narcot- Sec. 1203. Retention of additional defense trade Sec. 1313. Authority of Secretary to separate ics trafficking in the Western controls registration fees. convicted felons from the Foreign Hemisphere. Sec. 1204. Fees for commercial services. Service. Sec. 1808. Congressional statement regarding Sec. 1205. Pilot program for foreign affairs reim- Sec. 1314. Career counseling. the accession of Taiwan to the bursement. Sec. 1315. Limitations on management assign- World Trade Organization. Sec. 1206. Fee for use of diplomatic reception ments. Sec. 1809. Programs or projects of the Inter- rooms. Sec. 1316. Availability pay for certain criminal national Atomic Energy Agency Sec. 1207. Budget presentation documents. investigators within the Diplo- in Cuba. Sec. 1208. Office of the Inspector General. matic Security Service. Sec. 1810. Limitation on assistance to countries Sec. 1209. Capital Investment Fund. Sec. 1317. Nonovertime differential pay. aiding Cuba nuclear development. Sec. 1210. Contracting for local guards services Sec. 1318. Report concerning minorities and the Sec. 1811. International Fund for Ireland. Sec. 1812. United States policy with respect to overseas. Foreign Service. Jerusalem as the capital of Israel. Sec. 1211. Authority of the Foreign Claims Set- TITLE XIV—UNITED STATES INFORMA- Sec. 1813. Support for democratic opposition in tlement Commission. TIONAL, EDUCATIONAL, AND CULTURAL Iraq. Sec. 1212. Expenses relating to certain inter- PROGRAMS Sec. 1814. Development of democracy in the Re- national claims and proceedings. CHAPTER 1—AUTHORIZATION OF public of Serbia. Sec. 1213. Grants to remedy international ab- APPROPRIATIONS Sec. 1815. Funds made available under chapter ductions of children. Sec. 1401. International information activities 4 of part II of the Foreign Assist- Sec. 1214. Counterdrug and anticrime activities ance Act of 1961. of the Department of State. and educational and cultural ex- change programs. Sec. 1816. Foreign organizations that perform or Sec. 1215. Annual report on overseas surplus promote abortion; forced abortion properties. CHAPTER 2—AUTHORITIES AND ACTIVITIES in the People’s Republic of China. Sec. 1216. Human rights reports. Sec. 1411. Retention of interest. DIVISION C—UNITED NATIONS REFORM Sec. 1217. Reports and policy concerning diplo- Sec. 1412. Use of selected program fees. TITLE XX—GENERAL PROVISIONS matic immunity. Sec. 1413. Muskie Fellowship Program. Sec. 1218. Reaffirming United States inter- Sec. 1414. Working Group on United States Sec. 2001. Short title. national telecommunications pol- Government-Sponsored Inter- Sec. 2002. Definitions. Sec. 2003. Nondelegation of certification re- icy. national Exchanges and Train- quirements. Sec. 1219. Reduction of reporting. ing. TITLE XXI—AUTHORIZATION OF CHAPTER 2—CONSULAR AUTHORITIES OF THE Sec. 1415. Educational and cultural exchanges APPROPRIATIONS DEPARTMENT OF STATE and scholarships for Tibetans and Sec. 2101. Contributions to international orga- Sec. 1221. Use of certain passport processing Burmese. Sec. 1416. United States-Japan Commission. nizations. fees for enhanced passport serv- Sec. 1417. Surrogate broadcasting study. Sec. 2102. Contributions for international ices. Sec. 1418. Radio broadcasting to Iran in the peacekeeping activities. Sec. 1222. Surcharge for processing certain ma- Farsi language. chine readable visas. TITLE XXII—UNITED NATIONS ACTIVITIES Sec. 1419. Authority to administer summer trav- Sec. 1223. Consular officers. Sec. 2201. United Nations policy on Israel and el and work programs. Sec. 1224. Repeal of outdated consular receipt the Palestinians. Sec. 1420. Permanent administrative authorities requirements. Sec. 2202. Data on costs incurred in support of regarding appropriations. Sec. 1225. Elimination of duplicate Federal Reg- United Nations peacekeeping op- Sec. 1421. Voice of America broadcasts. ister publication for travel erations. advisories. TITLE XV—INTERNATIONAL ORGANIZA- Sec. 2203. Reimbursement for goods and services Sec. 1226. Denial of visas to confiscators of TIONS OTHER THAN UNITED NATIONS provided by the United States to American property. Sec. 1501. International conferences and con- the United Nations. Sec. 2204. United States policy regarding United Sec. 1227. Inadmissibility of any alien support- tingencies. Nations peacekeeping operations. ing an international child abduc- Sec. 1502. Restriction relating to United States Sec. 2205. Reform in budget decisionmaking tor. accession to any new inter- procedures of the United Nations Sec. 1228. Haiti; exclusion of certain aliens; re- national criminal tribunal. and its specialized agencies. porting requirements. Sec. 1503. United States membership in the Bu- Sec. 2206. Continued extension of privileges, ex- reau of the Interparliamentary CHAPTER 3—REFUGEES AND MIGRATION emptions, and immunities of the Union. International Organizations Im- SUBCHAPTER A—AUTHORIZATION OF Sec. 1504. Service in international organiza- munities Act to UNIDO. APPROPRIATIONS tions. Sec. 1231. Migration and refugee assistance. Sec. 2207. Sense of the Congress regarding com- Sec. 1505. Reports regarding foreign travel. pliance with child and spousal SUBCHAPTER B—AUTHORITIES TITLE XVI—UNITED STATES ARMS support obligations by United Na- Sec. 1241. United States policy regarding the in- CONTROL AND DISARMAMENT AGENCY tions personnel. voluntary return of refugees. Sec. 1601. Authorization of appropriations. Sec. 1242. United States policy with respect to TITLE XXIII—ARREARS PAYMENTS AND Sec. 1602. Statutory construction. the involuntary return of persons REFORM in danger of subjection to torture. TITLE XVII—EUROPEAN SECURITY ACT OF CHAPTER 1—ARREARAGES TO THE UNITED Sec. 1243. Reprogramming of migration and ref- 1998 NATIONS ugee assistance funds. Sec. 1701. Short title. SUBCHAPTER A—AUTHORIZATION OF APPROPRIA- Sec. 1244. Eligibility for refugee status. Sec. 1702. Statement of policy. TIONS; OBLIGATION AND EXPENDITURE OF Sec. 1245. Reports to Congress concerning Sec. 1703. Authorities relating to NATO en- FUNDS Cuban emigration policies. largement. Sec. 2301. Authorization of appropriations. H958 CONGRESSIONAL RECORD — HOUSE March 10, 1998

Sec. 2302. Obligation and expenditure of funds. (6) DEPARTMENT.—The term ‘‘Department’’ CHAPTER 3—CONFORMING AMENDMENTS Sec. 2303. Forgiveness of amounts owed by the means the Department of State. SEC. 221. REFERENCES. United Nations to the United (7) FUNCTION.—The term ‘‘function’’ means States. any duty, obligation, power, authority, respon- Except as otherwise provided in section 223 or 225, any reference in any statute, reorganiza- SUBCHAPTER B—UNITED STATES SOVEREIGNTY sibility, right, privilege, activity, or program. tion plan, Executive order, regulation, agree- Sec. 2311. Certification requirements. (8) IDCA.—The term ‘‘IDCA’’ means the United States International Development Co- ment, determination, or other official document SUBCHAPTER C—REFORM OF ASSESSMENTS AND or proceeding to— UNITED NATIONS PEACEKEEPING OPERATIONS operation Agency. (9) OFFICE.—The term ‘‘office’’ includes any (1) the Director of the United States Arms Sec. 2321. Certification requirements. office, administration, agency, institute, unit, Control and Disarmament Agency, the Director SUBCHAPTER D—BUDGET AND PERSONNEL REFORM organizational entity, or component thereof. of the Arms Control and Disarmament Agency, Sec. 2331. Certification requirements. (10) SECRETARY.—The term ‘‘Secretary’’ means or any other officer or employee of the United CHAPTER 2—MISCELLANEOUS PROVISIONS the Secretary of State. States Arms Control and Disarmament Agency or the Arms Control and Disarmament Agency Sec. 2341. Statutory construction on relation to (11) USIA.—The term ‘‘USIA’’ means the shall be deemed to refer to the Secretary of existing laws. United States Information Agency. State; or Sec. 2342. Prohibition on payments relating to SEC. 104. REPORT ON BUDGETARY COST SAVINGS UNIDO and other organizations RESULTING FROM REORGANIZA- (2) the United States Arms Control and Disar- from which the United States has TION. mament Agency or the Arms Control and Disar- withdrawn or rescinded funding. The Secretary of State shall submit a report, mament Agency shall be deemed to refer to the together with the congressional presentation Department of State. DIVISION A—CONSOLIDATION OF document for the budget of the Department of FOREIGN AFFAIRS AGENCIES SEC. 222. REPEALS. State for each of the fiscal years 1999, 2000, and TITLE I—GENERAL PROVISIONS The following sections of the Arms Control 2001, to the appropriate congressional commit- and Disarmament Act (22 U.S.C. 2551 et seq.) are SEC. 101. SHORT TITLE. tees describing the total anticipated and repealed: Sections 21 through 26 (22 U.S.C. 2561– This division may be cited as the ‘‘Foreign Af- achieved cost savings in budget outlays and 2566), section 35 (22 U.S.C. 2575), section 42 (22 fairs Agencies Consolidation Act of 1998’’. budget authority related to the reorganization U.S.C. 2582), section 43 (22 U.S.C. 2583), sections SEC. 102. PURPOSES. implemented under this division, including cost 45 through 50 (22 U.S.C. 2585–2593), section 53 The purposes of this division are— savings by each of the following categories: (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), (1) to strengthen— (1) Reductions in personnel. and section 63 (22 U.S.C. 2595b). (A) the coordination of United States foreign (2) Administrative consolidation, including procurement. SEC. 223. AMENDMENTS TO THE ARMS CONTROL policy; and AND DISARMAMENT ACT. (B) the leading role of the Secretary of State (3) Program consolidation. (4) Consolidation of real properties and leases. The Arms Control and Disarmament Act (22 in the formulation and articulation of United U.S.C. 2551 et seq.) is amended— States foreign policy; TITLE II—UNITED STATES ARMS CONTROL (1) in section 2 (22 U.S.C. 2551)— (2) to consolidate and reinvigorate the foreign AND DISARMAMENT AGENCY (A) in the first undesignated paragraph, by affairs functions of the United States within the CHAPTER 1—GENERAL PROVISIONS Department of State by— striking ‘‘creating a new agency of peace to deal (A) abolishing the United States Arms Control SEC. 201. EFFECTIVE DATE. with’’ and inserting ‘‘addressing’’; and Disarmament Agency, the United States In- This title, and the amendments made by this (B) by striking the second undesignated para- formation Agency, and the United States Inter- title, shall take effect on the earlier of— graph; and national Development Cooperation Agency, and (1) October 1, 1998; or (C) in the third undesignated paragraph— transferring the functions of these agencies to (2) the date of abolition of the United States (i) by striking ‘‘This organization’’ and insert- the Department of State while preserving the Arms Control and Disarmament Agency pursu- ing ‘‘The Secretary of State’’; special missions and skills of these agencies; ant to the reorganization plan described in sec- (ii) by striking ‘‘It shall have’’ and inserting (B) transferring certain functions of the Agen- tion 601. ‘‘The Secretary shall have’’; cy for International Development to the Depart- CHAPTER 2—ABOLITION AND TRANSFER (iii) by striking ‘‘and the Secretary of State’’; ment of State; and OF FUNCTIONS (iv) by inserting ‘‘, nonproliferation,’’ after (C) providing for the reorganization of the De- SEC. 211. ABOLITION OF UNITED STATES ARMS ‘‘arms control’’ in paragraph (1); partment of State to maximize the efficient use CONTROL AND DISARMAMENT AGEN- (v) by striking paragraph (2); of resources, which may lead to budget savings, CY. (vi) by redesignating paragraphs (3) through eliminated redundancy in functions, and im- The United States Arms Control and Disar- (5) as paragraphs (2) through (4), respectively; provement in the management of the Depart- mament Agency is abolished. and ment of State; SEC. 212. TRANSFER OF FUNCTIONS TO SEC- (vii) by striking ‘‘, as appropriate,’’ in para- (3) to ensure that programs critical to the pro- RETARY OF STATE. graph (3) (as redesignated); motion of United States national interests be There are transferred to the Secretary of State (2) in section 3 (22 U.S.C. 2552), by striking maintained; all functions of the Director of the United States subsection (c); (4) to assist congressional efforts to balance Arms Control and Disarmament Agency, and all the Federal budget and reduce the Federal debt; functions of the United States Arms Control and (3) in the heading for title II, by striking ‘‘OR- (5) to ensure that the United States maintains Disarmament Agency and any office or compo- GANIZATION’’ and inserting ‘‘SPECIAL REP- effective representation abroad within budg- nent of such agency, under any statute, reorga- RESENTATIVES AND VISITING SCHOL- etary restraints; and nization plan, Executive order, or other provi- ARS’’; (6) to encourage United States foreign affairs sion of law, as of the day before the effective (4) in section 27 (22 U.S.C. 2567)— agencies to maintain a high percentage of the date of this title. (A) by striking the third sentence; best qualified, most competent United States SEC. 213. UNDER SECRETARY FOR ARMS CON- (B) in the fourth sentence, by striking ‘‘, act- citizens serving in the United States Govern- TROL AND INTERNATIONAL SECU- ing through the Director’’; and ment. RITY. (C) in the fifth sentence, by striking ‘‘Agen- SEC. 103. DEFINITIONS. Section 1(b) of the State Department Basic cy’’ and inserting ‘‘Department of State’’; In this division: Authorities Act of 1956 (22 U.S.C. 2651(b)) is (5) in section 28 (22 U.S.C. 2568)— (1) ACDA.—The term ‘‘ACDA’’ means the amended— (A) by striking ‘‘Director’’ each place it ap- United States Arms Control and Disarmament (1) by striking ‘‘There’’ and inserting the fol- pears and inserting ‘‘Secretary of State’’; Agency. lowing: (B) in the second sentence— (2) AID.—The term ‘‘AID’’ means the United ‘‘(1) IN GENERAL.—There’’; and (i) by striking ‘‘Agency’’ each place it appears States Agency for International Development. (2) by adding at the end the following: and inserting ‘‘Department of State’’; and (3) AGENCY; FEDERAL AGENCY.—The term ‘‘(2) UNDER SECRETARY FOR ARMS CONTROL (ii) by striking ‘‘Agency’s’’ and inserting ‘‘De- ‘‘agency’’ or ‘‘Federal agency’’ means an Execu- AND INTERNATIONAL SECURITY.—There shall be partment of State’s’’; and tive agency as defined in section 105 of title 5, in the Department of State, among the Under (C) by striking the fourth sentence; United States Code. Secretaries authorized by paragraph (1), an (4) APPROPRIATE CONGRESSIONAL COMMIT- Under Secretary for Arms Control and Inter- (6) in section 31 (22 U.S.C. 2571)— TEES.—The term ‘‘appropriate congressional national Security, who shall assist the Secretary (A) by inserting ‘‘this title in’’ after ‘‘powers committees’’ means the Committee on Inter- and the Deputy Secretary in matters related to in’’; national Relations and the Committee on Appro- international security policy, arms control, and (B) by striking ‘‘Director’’ each place it ap- priations of the House of Representatives and nonproliferation. Subject to the direction of the pears and inserting ‘‘Secretary of State’’; the Committee on Foreign Relations and the President, the Under Secretary may attend and (C) by striking ‘‘insure’’ each place it appears Committee on Appropriations of the Senate. participate in meetings of the National Security and inserting ‘‘ensure’’; (5) COVERED AGENCY.—The term ‘‘covered Council in his role as Senior Advisor to the (D) in the second sentence, by striking ‘‘in ac- agency’’ means any of the following agencies: President and the Secretary of State on Arms cordance with procedures established under sec- ACDA, USIA, IDCA, and AID. Control and Nonproliferation Matters.’’. tion 35 of this Act’’; March 10, 1998 CONGRESSIONAL RECORD — HOUSE H959 (E) in the fourth sentence by striking ‘‘The (ii) in paragraph (1), by striking ‘‘exception’’ (ii) by striking ‘‘2(d), 22, and 34(c)’’ and in- authority’’ and all that follows through ‘‘disar- and inserting ‘‘subsection’’; and serting ‘‘102(3) and 304(b)’’; and mament:’’ and inserting the following: ‘‘The au- (iii) in paragraph (2)— (B) by striking ‘‘Director’’ and inserting ‘‘Sec- thority of the Secretary under this Act with re- (I) by striking ‘‘exception’’ and inserting retary of State’’; spect to research, development, and other stud- ‘‘subsection’’; and (19) in section 64 (22 U.S.C. 2595b–1)— ies concerning arms control, nonproliferation, (II) by striking ‘‘ceiling’’ and inserting ‘‘posi- (A) by striking the section title and inserting and disarmament shall be limited to participa- tions allocated to carry out the purpose of this ‘‘SEC. 503. REVIEW OF CERTAIN RE- tion in the following:’’; and Act’’; PROGRAMMING NOTIFICATIONS.’’; (F) in subsection (l), by inserting ‘‘and’’ at (E) by striking subsection (g); (B) by striking subsection (a); and (F) by redesignating subsections (h), (i), and the end; (C) in subsection (b)— (7) in section 32 (22 U.S.C. 2572)— (j) as subsections (g), (h), and (i), respectively; (i) by striking ‘‘(b) REVIEW OF CERTAIN RE- (G) by amending subsection (f) to read as fol- (A) by striking ‘‘Director’’ and inserting ‘‘Sec- PROGRAMMING NOTIFICATIONS.—’’; and lows: retary of State’’; and (ii) by striking ‘‘Foreign Affairs’’ and insert- ‘‘(f) establish a scientific and policy advisory (B) by striking ‘‘subsection’’ and inserting ing ‘‘International Relations’’; board to advise with and make recommendations ‘‘section’’; (20) in section 65(1) (22 U.S.C. 2595c(1)) by in- to the Secretary of State on United States arms (8) in section 33(a) (22 U.S.C. 2573(a))— serting ‘‘of America’’ after ‘‘United States’’; and (A) by striking ‘‘the Secretary of State,’’; and control, nonproliferation, and disarmament pol- (21) by redesignating sections 1, 2, 3, 27, 28, 31, (B) by striking ‘‘Director’’ and inserting ‘‘Sec- icy and activities. A majority of the board shall 32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, retary of State’’; be composed of individuals who have a dem- and 65, as amended by this section, as sections (9) in section 34 (22 U.S.C. 2574)— onstrated knowledge and technical expertise 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, (A) in subsection (a)— with respect to arms control, nonproliferation, 307, 308, 401, 402, 403, 404, 501, 502, 503, and 504, (i) in the first sentence, by striking ‘‘Director’’ and disarmament matters and who have distin- respectively. guished themselves in any of the fields of phys- and inserting ‘‘Secretary of State’’; SEC. 224. COMPENSATION OF OFFICERS. ics, chemistry, mathematics, biology, or engi- (ii) in the first sentence, by striking ‘‘and the Title 5, United States Code, is amended— neering, including weapons engineering. The Secretary of State’’; (1) in section 5313, by striking ‘‘Director of the members of the board may receive the compensa- (iii) in the first sentence, by inserting ‘‘, non- United States Arms Control and Disarmament tion and reimbursement for expenses specified proliferation,’’ after ‘‘in the fields of arms con- Agency.’’; for consultants by subsection (d) of this sec- trol’’; (2) in section 5314, by striking ‘‘Deputy Direc- tion;’’; and (iv) in the first sentence, by striking ‘‘and tor of the United States Arms Control and Dis- (H) in subsection (h) (as redesignated), by shall have primary responsibility, whenever di- armament Agency.’’; striking ‘‘Deputy Director’’ and inserting rected by the President, for the preparation, (3) in section 5315— ‘‘Under Secretary for Arms Control and Inter- conduct, and management of the United States (A) by striking ‘‘Assistant Directors, United national Security’’; participation in international negotiations and States Arms Control and Disarmament Agency implementation fora in the field of nonprolifera- (14) in section 44 (22 U.S.C. 2584)— (A) by striking ‘‘CONFLICT-OF-INTEREST AND’’; (4).’’; and tion’’; (B) by striking ‘‘Special Representatives of the (v) in the second sentence, by striking ‘‘sec- (B) by striking ‘‘The members’’ and all that follows through ‘‘(5 U.S.C. 2263), or any other’’ President for arms control, nonproliferation, tion 27’’ and inserting ‘‘section 201’’; and and disarmament matters, United States Arms (vi) in the second sentence, by striking ‘‘the’’ and inserting ‘‘Members of advisory boards and consultants may serve as such without regard to Control and Disarmament Agency’’, and insert- after ‘‘serve as’’; ing ‘‘Special Representatives of the President for (B) by striking subsection (b); any’’; and arms control, nonproliferation, and disar- (C) by redesignating subsection (c) as sub- (C) by inserting at the end the following new mament matters, Department of State’’; and section (b); and sentence: ‘‘This section shall apply only to indi- (4) in section 5316, by striking ‘‘General Coun- (D) in subsection (b) (as redesignated)— viduals carrying out activities related to arms sel of the United States Arms Control and Disar- (i) in the text above paragraph (1), by striking control, nonproliferation, and disarmament.’’; mament Agency.’’. ‘‘Director’’ and inserting ‘‘Secretary of State’’; (15) in section 51 (22 U.S.C. 2593a)— (ii) by striking paragraph (1); and (A) in subsection (a)— SEC. 225. ADDITIONAL CONFORMING AMEND- (iii) by redesignating paragraphs (2) and (3) (i) in paragraphs (1) and (3), by inserting ‘‘, MENTS. as paragraphs (1) and (2), respectively; nonproliferation,’’ after ‘‘arms control’’ each (a) ARMS EXPORT CONTROL ACT.—The Arms (10) in section 36 (22 U.S.C. 2576)— place it appears; Export Control Act is amended— (A) by striking ‘‘Director’’ each place it ap- (ii) by striking ‘‘Director, in consultation with (1) in section 36(b)(1)(D) (22 U.S.C. pears and inserting ‘‘Secretary of State’’; and the Secretary of State,’’ and inserting ‘‘Sec- 2776(b)(1)(D)), by striking ‘‘Director of the Arms (B) by striking ‘‘, in accordance with the pro- retary of State with the concurrence of the Di- Control and Disarmament Agency in consulta- cedures established pursuant to section 35 of rector of Central Intelligence and in consulta- tion with the Secretary of State and the Sec- this Act,’’; tion with’’; retary of Defense’’ and inserting ‘‘Secretary of (11) in section 37 (22 U.S.C. 2577)— (iii) by striking ‘‘the Chairman of the Joint State in consultation with the Secretary of De- (A) by striking ‘‘Director’’ and ‘‘Agency’’ Chiefs of Staff, and the Director of Central In- fense and the Director of Central Intelligence’’; each place it appears and inserting ‘‘Secretary telligence’’ and inserting ‘‘and the Chairman of (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))— of State’’ or ‘‘Department of State’’, respec- the Joint Chiefs of Staff’’; (A) in the first sentence, by striking ‘‘be made tively; and (iv) by striking paragraphs (2) and (4); and in coordination with the Director of the United (B) by striking subsection (d); (v) by redesignating paragraphs (3), (5), (6), States Arms Control and Disarmament Agency, (12) in section 38 (22 U.S.C. 2578)— and (7) as paragraphs (2) through (5), respec- taking into account the Director’s assessment as (A) by striking ‘‘Director’’ each place it ap- tively; and to’’ and inserting ‘‘take into account’’; and pears and inserting ‘‘Secretary of State’’; and (B) by adding at the end of subsection (b) the (B) by striking the second sentence; (B) by striking subsection (c); following: ‘‘The portions of this report described (3) in section 42(a) (22 U.S.C. 2791(a))— (13) in section 41 (22 U.S.C. 2581)— in paragraphs (4) and (5) of subsection (a) shall (A) in paragraph (1)(C), by striking ‘‘the as- (A) by striking ‘‘In the performance of his summarize in detail, at least in classified an- sessment of the Director of the United States functions, the Director’’ and inserting ‘‘In addi- nexes, the information, analysis, and conclu- Arms Control and Disarmament Agency as to’’; tion to any authorities otherwise available, the sions relevant to possible noncompliance by (B) by striking ‘‘(1)’’ after ‘‘(a)’’; and Secretary of State in the performance of func- other nations that are provided by United States (C) by striking paragraph (2); tions under this Act’’; intelligence agencies.’’; (4) in section 71(a) (22 U.S.C. 2797(a)), by (B) by striking ‘‘Agency’’, ‘‘Agency’s’’, ‘‘Di- (16) in section 52 (22 U.S.C. 2593b), by striking striking ‘‘, the Director of the Arms Control and rector’’, and ‘‘Director’s’’ each place they ap- ‘‘Director’’ and inserting ‘‘Secretary of State’’; Disarmament Agency,’’; pear and inserting ‘‘Department of State’’, ‘‘De- (17) in section 61 (22 U.S.C. 2593a)— (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by (A) in paragraph (1), by striking ‘‘United partment of State’s’’, ‘‘Secretary of State’’, or striking ‘‘and the Director of the United States States Arms Control and Disarmament Agency’’ ‘‘Secretary of State’s’’, as appropriate; Arms Control and Disarmament Agency’’; and inserting ‘‘Department of State’’; (C) in subsection (a), by striking the sentence (B) by striking paragraph (2); (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))— that begins ‘‘It is the intent’’; (C) by redesignating paragraphs (3) through (A) by striking ‘‘, the Secretary of Commerce, (D) in subsection (b)— (7) as paragraphs (2) through (6), respectively; and the Director of the United States Arms Con- (i) by striking ‘‘appoint officers and employ- (D) in paragraph (4) (as redesignated), by trol and Disarmament Agency’’ and inserting ees, including attorneys, for the Agency in ac- striking ‘‘paragraph (4)’’ and inserting ‘‘para- ‘‘and the Secretary of Commerce’’; and cordance with the provisions of title 5, United graph (3)’’; and (B) by striking ‘‘or the Director’’; States Code, governing appointment in the com- (E) in paragraph (6) (as redesignated), by (7) in section 71(c) (22 U.S.C. 2797(c)), by petitive service, and fix their compensation in striking ‘‘United States Arms Control and Disar- striking ‘‘with the Director of the United States accordance with chapter 51 and with sub- mament Agency and the’’; Arms Control and Disarmament Agency,’’; and chapter III of chapter 53 of such title, relating (18) in section 62 (22 U.S.C. 2595a)— (8) in section 73(d) (22 U.S.C. 2797b(d)), by to classification and General Schedule pay (A) in subsection (c)— striking ‘‘, the Secretary of Commerce, and the rates, except that the Director may, to the ex- (i) in the subsection heading, by striking ‘‘DI- Director of the United States Arms Control and tent the Director determines necessary to the RECTOR’’ and inserting ‘‘SECRETARY OF STATE’’; Disarmament Agency’’ and inserting ‘‘and the discharge of his responsibilities,’’; and Secretary of Commerce’’. H960 CONGRESSIONAL RECORD — HOUSE March 10, 1998

(b) FOREIGN ASSISTANCE ACT.—Section 511 of (B) in the sixth and seventh sentences, by amended by this Act, is further amended by the Foreign Assistance Act of 1961 (22 U.S.C. striking ‘‘Director’’ each place it appears and adding at the end the following new paragraph: 2321d) is amended by striking ‘‘be made in co- inserting ‘‘Secretary of State’’; and ‘‘(3) UNDER SECRETARY FOR PUBLIC DIPLO- ordination with the Director of the United (C) in the seventh sentence, by striking ‘‘Di- MACY.—There shall be in the Department of States Arms Control and Disarmament Agency rector’s’’ and inserting ‘‘Secretary of State’s’’. State, among the Under Secretaries authorized and shall take into account his opinion as to’’ (e) NUCLEAR NON-PROLIFERATION ACT OF by paragraph (1), an Under Secretary for Public and inserting ‘‘take into account’’. 1978.—The Nuclear Non-Proliferation Act of Diplomacy, who shall have primary responsibil- (c) UNITED STATES INSTITUTE OF PEACE ACT.— 1978 is amended— ity to assist the Secretary and the Deputy Sec- (1) Section 1706(b) of the United States Insti- (1) in section 4 (22 U.S.C. 3203)— retary in the formation and implementation of tute of Peace Act (22 U.S.C. 4605(b)) is amend- (A) by striking paragraph (2); and United States public diplomacy policies and ac- ed— (B) by redesignating paragraphs (3) through tivities, including international educational and (A) by striking paragraph (3); (8) as paragraphs (2) through (7), respectively; cultural exchange programs, information, and (B) by redesignating paragraphs (4) and (5) as (2) in section 102 (22 U.S.C. 3222), by striking international broadcasting.’’. paragraphs (3) and (4), respectively; and ‘‘, the Secretary of State, and the Director of the (C) in paragraph (4) (as redesignated), by Arms Control and Disarmament Agency’’ and SEC. 314. ABOLITION OF OFFICE OF INSPECTOR striking ‘‘Eleven’’ and inserting ‘‘Twelve’’. GENERAL OF UNITED STATES INFOR- inserting ‘‘and the Secretary of State’’; MATION AGENCY AND TRANSFER OF (2) Section 1707(d)(2) of that Act (22 U.S.C. (3) in section 304(d) (42 U.S.C. 2156a), by strik- FUNCTIONS. 4606(d)(2)) is amended by striking ‘‘, Director of ing ‘‘the Secretary of Defense, and the Direc- (a) ABOLITION OF OFFICE.—The Office of In- the Arms Control and Disarmament Agency’’. tor,’’ and inserting ‘‘and the Secretary of De- spector General of the United States Informa- (d) ATOMIC ENERGY ACT OF 1954.—The Atomic fense,’’; tion Agency is abolished. Energy Act of 1954 is amended— (4) in section 309 (42 U.S.C. 2139a)— (b) AMENDMENTS TO INSPECTOR GENERAL ACT (1) in section 57b. (42 U.S.C. 2077(b))— (A) in subsection (b), by striking ‘‘the Depart- OF 1978.—Section 11 of the Inspector General (A) in the first sentence, by striking ‘‘the ment of Commerce, and the Arms Control and Act of 1978 (5 U.S.C. App.) is amended— Arms Control and Disarmament Agency,’’; and Disarmament Agency’’ and inserting ‘‘and the (1) in paragraph (1), by striking ‘‘the Office of (B) in the second sentence, by striking ‘‘the Department of Commerce’’; and Personnel Management, the United States Infor- Director of the Arms Control and Disarmament (B) in subsection (c), by striking ‘‘the Arms mation Agency’’ and inserting ‘‘or the Office of Agency,’’; Control and Disarmament Agency,’’; (2) in section 109b. (42 U.S.C. 2129(b)), by (5) in section 406 (42 U.S.C. 2160a), by insert- Personnel Management’’; and striking ‘‘and the Director’’; ing ‘‘, or any annexes thereto,’’ after ‘‘State- (2) in paragraph (2), by striking ‘‘the United (3) in section 111b. (42 U.S.C. 2131(b)) by strik- ment’’; and States Information Agency,’’. ing ‘‘the Arms Control and Disarmament Agen- (6) in section 602 (22 U.S.C. 3282)— (c) EXECUTIVE SCHEDULE.—Section 5315 of cy, the Nuclear Regulatory Commission,’’ and (A) in subsection (c), by striking ‘‘the Arms title 5, United States Code, is amended by strik- inserting ‘‘the Nuclear Regulatory Commission’’; Control and Disarmament Agency,’’; and ing the following: (4) in section 123 (42 U.S.C. 2153)— (B) in subsection (e), by striking ‘‘and the Di- ‘‘Inspector General, United States Information (A) in subsection a., in the third sentence— Agency.’’. (i) by striking ‘‘and in consultation with the rector’’. (f) STATE DEPARTMENT BASIC AUTHORITIES (d) AMENDMENTS TO PUBLIC LAW 103–236.— Director of the Arms Control and Disarmament ACT OF 1956.—Section 23(a) of the State Depart- Subsections (i) and (j) of section 308 of the Agency (‘the Director’)’’; (ii) by inserting ‘‘and’’ after ‘‘Energy,’’; ment basic Authorities Act of 1956 (22 U.S.C. United States International Broadcasting Act of (iii) by striking ‘‘Commission, and the Direc- 2695(a)) is amended by striking ‘‘the Agency for 1994 (22 U.S.C. 6207 (i) and (j)) are amended— tor, who’’ and inserting ‘‘Commission. The Sec- International Development, and the Arms Con- (1) by striking ‘‘Inspector General of the retary of State’’; and trol and Disarmament Agency’’ and inserting United States Information Agency’’ each place (iv) after ‘‘nuclear explosive purpose.’’, by in- ‘‘and the Agency for International Develop- it appears and inserting ‘‘Inspector General of serting the following new sentence: ‘‘Each Nu- ment’’. the Department of State and the Foreign Serv- clear Proliferation Assessment Statement pre- (g) FOREIGN RELATIONS AUTHORIZATION ACT ice’’; and pared pursuant to this Act shall be accompanied OF 1972.—Section 502 of the Foreign Relations (2) by striking ‘‘, the Director of the United by a classified annex, prepared in consultation Authorization Act of 1972 (2 U.S.C. 194a) is States Information Agency,’’. with the Director of Central Intelligence, sum- amended by striking ‘‘the United States Arms (e) TRANSFER OF FUNCTIONS.—There are marizing relevant classified information.’’; Control and Disarmament Agency,’’. transferred to the Office of the Inspector Gen- (B) in subsection d., in the first proviso— (h) TITLE 49.—Section 40118(d) of title 49, eral of the Department of State and the Foreign (i) by striking ‘‘Nuclear Proliferation Assess- United States Code, is amended by striking ‘‘, or Service the functions that the Office of Inspec- ment Statement prepared by the Director of the the Director of the Arms Control and Disar- tor General of the United States Information Arms Control and Disarmament Agency,’’ and mament Agency’’. Agency exercised before the effective date of this inserting ‘‘Nuclear Proliferation Assessment TITLE III—UNITED STATES INFORMATION title (including all related functions of the In- Statement prepared by the Secretary of State, AGENCY spector General of the United States Informa- and any annexes thereto,’’; and CHAPTER 1—GENERAL PROVISIONS tion Agency). (ii) by striking ‘‘has been’’ and inserting CHAPTER 3—INTERNATIONAL ‘‘have been’’; and SEC. 301. EFFECTIVE DATE. (C) in the first undesignated paragraph fol- This title, and the amendments made by this BROADCASTING lowing subsection d., by striking ‘‘the Arms title, shall take effect on the earlier of— SEC. 321. CONGRESSIONAL FINDINGS AND DEC- Control and Disarmament Agency,’’; (1) October 1, 1999; or LARATION OF PURPOSE. (5) in section 126a.(1), by striking ‘‘the Direc- (2) the date of abolition of the United States Congress finds that— tor of the Arms Control and Disarmament Agen- Information Agency pursuant to the reorganiza- (1) it is the policy of the United States to pro- cy, and the Nuclear Regulatory Commission’’ tion plan described in section 601. mote the right of freedom of opinion and expres- and inserting ‘‘and the Nuclear Regulatory CHAPTER 2—ABOLITION AND TRANSFER sion, including the freedom ‘‘to seek, receive, Commission,’’; OF FUNCTIONS and impart information and ideas through any (6) in section 131a. (42 U.S.C. 2160(a))— SEC. 311. ABOLITION OF UNITED STATES INFOR- media and regardless of frontiers’’, in accord- (A) in paragraph (1)— MATION AGENCY. ance with Article 19 of the Universal Declara- (i) in the first sentence, by striking ‘‘the Di- The United States Information Agency (other tion of Human Rights; rector,’’; than the Broadcasting Board of Governors and (2) open communication of information and (ii) in the third sentence, by striking ‘‘the Di- the International Broadcasting Bureau) is abol- ideas among the peoples of the world contributes rector declares that he intends’’ and inserting ished. to international peace and stability, and the ‘‘the Secretary of State is required’’; and promotion of such communication is in the in- (iii) in the third sentence, by striking ‘‘the Di- SEC. 312. TRANSFER OF FUNCTIONS. (a) IN GENERAL.—There are transferred to the terests of the United States; rector’s declaration’’ and inserting ‘‘the require- (3) it is in the interest of the United States to ment to prepare a Nuclear Proliferation Assess- Secretary of State all functions of the Director of the United States Information Agency and all support broadcasting to other nations consistent ment Statement’’; with the requirements of this chapter and the (B) in paragraph (2)— functions of the United States Information United States International Broadcasting Act of (i) by striking ‘‘Director’s view’’ and inserting Agency and any office or component of such 1994; and ‘‘view of the Secretary of State, Secretary of En- agency, under any statute, reorganization plan, ergy, Secretary of Defense, or the Commission’’; Executive order, or other provision of law, as of (4) international broadcasting is, and should and the day before the effective date of this title. remain, an essential instrument of United States (ii) by striking ‘‘he may prepare’’ and insert- (b) EXCEPTION.—Subsection (a) does not apply foreign policy. ing ‘‘the Secretary of State, in consultation with to the Broadcasting Board of Governors, the SEC. 322. CONTINUED EXISTENCE OF BROAD- such Secretary or the Commission, shall pre- International Broadcasting Bureau, or any CASTING BOARD OF GOVERNORS. pare’’; and function performed by the Board or the Bureau. Section 304(a) of the United States Inter- (7) in section 131c. (42 U.S.C. 2160(c))— SEC. 313. UNDER SECRETARY OF STATE FOR PUB- national Broadcasting Act of 1994 (22 U.S.C. (A) in the first sentence, by striking ‘‘, the Di- LIC DIPLOMACY. 6203(a)) is amended to read as follows: rector of the Arms Control and Disarmament Section 1(b) of the State Department Basic ‘‘(a) CONTINUED EXISTENCE WITHIN EXECU- Agency,’’; Authorities Act of 1956 (22 U.S.C. 2651a(b)), as TIVE BRANCH.— March 10, 1998 CONGRESSIONAL RECORD — HOUSE H961

‘‘(1) IN GENERAL.—The Broadcasting Board of cal year 1993’’ and inserting ‘‘to the Board and (4) by inserting before the period at the end Governors shall continue to exist within the Ex- the International Broadcasting Bureau for such the following: ‘‘, as the Secretary may deem ap- ecutive branch of Government as an entity de- purposes for fiscal year 1997’’; and propriate’’; and scribed in section 104 of title 5, United States (5) by adding at the end the following new (5) by adding at the end the following: Code. paragraphs: ‘‘(b) CERTAIN WORLDNET PROGRAMMING.—The ‘‘(2) RETENTION OF EXISTING BOARD MEM- ‘‘(15)(A) To procure temporary and intermit- Secretary of State is authorized to use Worldnet BERS.—The members of the Broadcasting Board tent personal services to the same extent as is broadcasts for the purposes of continuing inter- of Governors appointed by the President pursu- authorized by section 3109 of title 5, United active dialogues with foreign media and other ant to subsection (b)(1)(A) before the effective States Code, at rates not to exceed the daily similar overseas public diplomacy programs date of title III of the Foreign Affairs Agencies equivalent of the rate provided for positions sponsored by the Department of State. The Consolidation Act of 1998 and holding office as classified above grade GS–15 of the General Chairman of the Broadcasting Board of Gov- of that date may serve the remainder of their Schedule under section 5108 of title 5, United ernors shall provide access to Worldnet for this terms of office without reappointment. States Code. purpose on a nonreimbursable basis.’’. ‘‘(3) INSPECTOR GENERAL AUTHORITIES.— ‘‘(B) To allow those providing such services, (k) INTERNATIONAL BROADCASTING BUREAU.— ‘‘(A) IN GENERAL.—The Inspector General of while away from their homes or their regular Section 307 (22 U.S.C. 6206) is amended— the Department of State and the Foreign Service places of business, travel expenses (including (1) in subsection (a), by striking ‘‘within the shall exercise the same authorities with respect per diem in lieu of subsistence) as authorized by United States Information Agency’’ and insert- to the Broadcasting Board of Governors and the section 5703 of title 5, United States Code, for ing ‘‘under the Board’’; International Broadcasting Bureau as the In- persons in the Government service employed (2) in subsection (b)(1), by striking ‘‘Chairman spector General exercises under the Inspector intermittently, while so employed. of the Board, in consultation with the Director General Act of 1978 and section 209 of the For- ‘‘(16) To procure, pursuant to section 1535 of of the United States Information Agency and eign Service Act of 1980 with respect to the De- title 31, United States Code (commonly known with the concurrence of a majority of the partment of State. as the ‘Economy Act’), such goods and services Board’’ and inserting ‘‘President, by and with ‘‘(B) RESPECT FOR JOURNALISTIC INTEGRITY OF from other departments or agencies for the the advice and consent of the Senate’’; BROADCASTERS.—The Inspector General shall re- Board and the International Broadcasting Bu- (3) by redesignating subsection (b)(1) as sub- spect the journalistic integrity of all the broad- reau as the Board determines are appropriate. section (b); casters covered by this title and may not evalu- ‘‘(17) To utilize the provisions of titles III, IV, (4) by striking subsection (b)(2); and ate the philosophical or political perspectives re- V, VII, VIII, IX, and X of the United States In- (5) by adding at the end the following new flected in the content of broadcasts.’’. formation and Educational Exchange Act of subsection: 1948, and section 6 of Reorganization Plan Num- SEC. 323. CONFORMING AMENDMENTS TO THE ‘‘(c) RESPONSIBILITIES OF THE DIRECTOR.—The UNITED STATES INTERNATIONAL ber 2 of 1977, as in effect on the day before the Director shall organize and chair a coordinating BROADCASTING ACT OF 1994. effective date of title III of the Foreign Affairs committee to examine and make recommenda- (a) REFERENCES IN SECTION.—Whenever in Agencies Consolidation Act of 1998, to the extent tions to the Board on long-term strategies for this section an amendment or repeal is expressed the Board considers necessary in carrying out the future of international broadcasting, includ- as an amendment or repeal of a provision, the the provisions and purposes of this title. ing the use of new technologies, further consoli- reference shall be deemed to be made to the ‘‘(18) To utilize the authorities of any other dation of broadcast services, and consolidation United States International Broadcasting Act of statute, reorganization plan, Executive order, of currently existing public affairs and legisla- 1994 (22 U.S.C. 6201 et seq.). regulation, agreement, determination, or other tive relations functions in the various inter- (b) SUBSTITUTION OF SECRETARY OF STATE.— official document or proceeding that had been national broadcasting entities. The coordinating Sections 304(b)(1)(B), 304(b) (2) and (3), 304(c), available to the Director of the United States In- committee shall include representatives of Radio and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b) (2) formation Agency, the Bureau, or the Board be- Free Asia, RFE/RL, Incorporated, the Broad- and (3), 6203(c), and 6203(e)) are amended by fore the effective date of title III of the Foreign casting Board of Governors, and, as appro- striking ‘‘Director of the United States Informa- Affairs Consolidation Act of 1998 for carrying priate, the Office of Cuba Broadcasting, the tion Agency’’ each place it appears and insert- out the broadcasting activities covered by this Voice of America, and Worldnet.’’. ing ‘‘Secretary of State’’. title.’’. (l) REPEALS.—The following provisions of law (c) SUBSTITUTION OF ACTING SECRETARY OF (f) DELEGATION OF AUTHORITY.—Section 305 are repealed: STATE.—Section 304(c) (22 U.S.C. 6203(c)) is (22 U.S.C. 6204) is amended— (1) Subsections (k) and (l) of section 308 (22 amended by striking ‘‘acting Director of the (1) by redesignating subsections (b), (c), and U.S.C. 6207 (k), (l)). agency’’ and inserting ‘‘Acting Secretary of (d) as subsections (c), (d), and (e), respectively; (2) Section 310 (22 U.S.C. 6209). and State’’. SEC. 324. AMENDMENTS TO THE RADIO BROAD- (2) by inserting after subsection (a) the follow- (d) STANDARDS AND PRINCIPLES OF INTER- CASTING TO CUBA ACT. ing new subsection: NATIONAL BROADCASTING.—Section 303(b) (22 The Radio Broadcasting to Cuba Act (22 ‘‘(b) DELEGATION OF AUTHORITY.—The Board U.S.C. 6202(b)) is amended— U.S.C. 1465 et seq.) is amended— may delegate to the Director of the Inter- (1) in paragraph (3), by inserting ‘‘, including (1) by striking ‘‘United States Information national Broadcasting Bureau, or any other of- editorials, broadcast by the Voice of America, Agency’’ each place it appears and inserting ficer or employee of the United States, to the ex- which present the views of the United States ‘‘Broadcasting Board of Governors’’; tent the Board determines to be appropriate, the Government’’ after ‘‘policies’’; (2) by striking ‘‘Agency’’ each place it appears authorities provided in this section, except those (2) by redesignating paragraphs (4) through and inserting ‘‘Board’’; authorities provided in paragraph (1), (2), (3), (9) as paragraphs (5) through (10), respectively; (3) by striking ‘‘the Director of the United (4), (5), (6), (9), or (11) of subsection (a).’’. and States Information Agency’’ each place it ap- (g) BROADCASTING BUDGETS.—Section 305(c)(1) (3) by inserting after paragraph (3) the follow- pears and inserting ‘‘the Broadcasting Board of (as redesignated) is amended— Governors’’; ing: (1) by striking ‘‘(1)’’ before ‘‘The Director’’; (4) in section 4 (22 U.S.C. 1465b), by striking ‘‘(4) the capability to provide a surge capacity and to support United States foreign policy objec- (2) by striking ‘‘the Director of the United ‘‘the Voice of America’’ and inserting ‘‘the tives during crises abroad;’’; States Information Agency for the consideration International Broadcasting Bureau’’; (5) in section 5 (22 U.S.C. 1465c)— (e) AUTHORITIES OF THE BOARD.—Section of the Director as a part of the Agency’s budget (A) by striking ‘‘Board’’ each place it appears 305(a) (22 U.S.C. 6204(a)) is amended— submission to’’. and inserting ‘‘Advisory Board’’; and (1) in paragraph (1)— (h) REPEAL.—Section 305(c)(2) (as redesig- (A) by striking ‘‘direct and’’; and nated) is repealed. (B) in subsection (a), by striking the first sen- (B) by striking ‘‘and the Television Broadcast- (i) IMPLEMENTATION.—Section 305(d) (as re- tence and inserting ‘‘There is established within ing to Cuba Act’’ and inserting ‘‘, the Television designated) is amended to read as follows: the Office of the President the Advisory Board Broadcasting to Cuba Act, and Worldnet Tele- ‘‘(d) PROFESSIONAL INDEPENDENCE OF BROAD- for Cuba Broadcasting (in this Act referred to as vision, except as provided in section 306(b)’’; CASTERS.—The Secretary of State and the the ‘Advisory Board’).’’; and (2) in paragraph (4), by inserting ‘‘, after con- Board, in carrying out their functions, shall re- (6) by striking any other reference to ‘‘Direc- sultation with the Secretary of State,’’ after spect the professional independence and integ- tor’’ not amended by paragraph (3) each place ‘‘annually,’’; rity of the International Broadcasting Bureau, it appears and inserting ‘‘Board’’. (3) in paragraph (9)— its broadcasting services, and the grantees of the SEC. 325. AMENDMENTS TO THE TELEVISION (A) by striking ‘‘, through the Director of the Board.’’. BROADCASTING TO CUBA ACT. United States Information Agency,’’; and (j) FOREIGN POLICY GUIDANCE.—Section 306 The Television Broadcasting to Cuba Act (22 (B) by adding at the end the following new (22 U.S.C. 6205) is amended— U.S.C. 1465aa et seq.) is amended— sentence: ‘‘Each annual report shall place spe- (1) in the section heading, by striking ‘‘FOR- (1) in section 243(a) (22 U.S.C. 1465bb(a)) and cial emphasis on the assessment described in EIGN POLICY GUIDANCE’’ and inserting section 246 (22 U.S.C. 1465dd), by striking paragraph (2).’’; ‘‘ROLE OF THE SECRETARY OF STATE’’; ‘‘United States Information Agency’’ each place (4) in paragraph (12)— (2) by inserting ‘‘(a) FOREIGN POLICY GUID- it appears and inserting ‘‘Broadcasting Board of (A) by striking ‘‘1994 and 1995’’ and inserting ANCE.—’’ immediately before ‘‘To’’; Governors’’; ‘‘1998 and 1999’’; and (3) by striking ‘‘State, acting through the Di- (2) in section 243(c) (22 U.S.C. 1465bb(c))— (B) by striking ‘‘to the Board for Inter- rector of the United States Information Agen- (A) in the subsection heading, by striking national Broadcasting for such purposes for fis- cy,’’ and inserting ‘‘State’’; ‘‘USIA’’; and H962 CONGRESSIONAL RECORD — HOUSE March 10, 1998 (B) by striking ‘‘ ‘USIA Television’’ and in- such personnel, shall be transferred to the De- on such date such suit shall be continued with serting ‘‘the ‘Television’’; partment of State in accordance with the provi- the Broadcasting Board of Governors or other (3) in section 244(c) (22 U.S.C. 1465cc(c)) and sions of title VI of this division. appropriate official of the Board substituted or section 246 (22 U.S.C. 1465dd), by striking (d) INCIDENTAL TRANSFERS.—The Director of added as a party. ‘‘Agency’’ each place it appears and inserting the Office of Management and Budget, when re- (2) LIABILITY OF THE BOARD.—The Board ‘‘Board’’; quested by the Broadcasting Board of Gov- shall participate in suits continued under para- (4) in section 244 (22 U.S.C. 1465cc)— ernors, is authorized to make such incidental graph (1) where the Broadcasting Board of Gov- (A) in the section heading, by striking ‘‘OF dispositions of personnel, assets, liabilities, ernors or other appropriate official of the Board THE UNITED STATES INFORMATION grants, contracts, property, records, and unex- is added as a party and shall be liable for any AGENCY’’; pended balances of appropriations, authoriza- judgments or remedies in those suits or proceed- (B) in subsection (a)— tions, allocations, and other funds held, used, ings arising from the exercise of the functions (i) in the first sentence, by striking ‘‘The Di- arising from, available to, or to be made avail- transferred by this chapter to the same extent rector of the United States Information Agency able in connection with functions and offices that USIA would have been liable if such judg- shall establish’’ and inserting ‘‘There is’’; and transferred from USIA, as may be necessary to ment or remedy had been rendered on the day (ii) in the second sentence— carry out the provisions of this section. before the abolition of USIA. (I) by striking ‘‘Director of the United States SEC. 327. SAVINGS PROVISIONS. (e) ADMINISTRATIVE ACTIONS RELATING TO Information Agency’’ and inserting ‘‘Broadcast- PROMULGATION OF REGULATIONS.—Any ad- (a) CONTINUING LEGAL FORCE AND EFFECT.— ing Board of Governors’’; and All orders, determinations, rules, regulations, ministrative action relating to the prepara- (II) by striking ‘‘the Director of the Voice of permits, agreements, grants, contracts, certifi- tion or promulgation of a regulation by the America’’ and inserting ‘‘the International cates, licenses, registrations, privileges, and Broadcasting Board of Governors relating to Broadcasting Bureau’’; other administrative actions— a function exercised by the Board before the (C) in subsection (b)— (1) that have been issued, made, granted, or effective date of this title may be continued (i) by striking ‘‘Agency facilities’’ and insert- allowed to become effective by the President, by the Board with the same effect as if this ing ‘‘Board facilities’’; and any Federal agency or official thereof, or by a chapter had not been enacted. (ii) by striking ‘‘Information Agency’’ and in- (f) REFERENCES.—Reference in any other court of competent jurisdiction, in the perform- serting ‘‘International’’; and Federal law, Executive order, rule, regula- ance of functions exercised by the Broadcasting (D) in the heading of subsection (c), by strik- tion, or delegation of authority, or any docu- Board of Governors of the United States Infor- ing ‘‘USIA’’; and ment of or relating to the Broadcasting mation Agency on the day before the effective (5) in section 245(d) (22 U.S.C. 1465c note), by Board of Governors of the United States In- date of this title, and striking ‘‘Board’’ and inserting ‘‘Advisory formation Agency with regard to functions Board’’. (2) that are in effect at the time this title takes effect, or were final before the effective date of exercised before the effective date of this SEC. 326. TRANSFER OF BROADCASTING RELATED title, shall be deemed to refer to the Board. FUNDS, PROPERTY, AND PERSON- this title and are to become effective on or after the effective date of this title, SEC. 328. REPORT ON THE PRIVATIZATION OF NEL. RFE/RL, INCORPORATED. (a) TRANSFER AND ALLOCATION OF PROPERTY shall continue in effect according to their terms Not later than March 1 of each year, the AND APPROPRIATIONS.— until modified, terminated, superseded, set Broadcasting Board of Governors shall submit (1) IN GENERAL.—The assets, liabilities (in- aside, or revoked in accordance with law by the to the appropriate congressional committees a cluding contingent liabilities arising from suits President, the Broadcasting Board of Gov- report on the progress of the Board and of RFE/ continued with a substitution or addition of ernors, or other authorized official, a court of RL, Incorporated, on any steps taken to further parties under section 327(d)), contracts, prop- competent jurisdiction, or by operation of law. the policy declared in section 312(a) of the For- erty, records, and unexpended balance of appro- (b) PENDING PROCEEDINGS.— eign Relations Authorization Act, Fiscal Years priations, authorizations, allocations, and other (1) IN GENERAL.—The provisions of this chap- 1994 and 1995. The report under this subsection funds employed, held, used, arising from, avail- ter, or amendments made by this chapter, shall shall include the following: able to, or to be made available in connection not affect any proceedings, including notices of (1) Efforts by RFE/RL, Incorporated, to termi- with the functions and offices of USIA trans- proposed rulemaking, or any application for nate individual language services. ferred to the Broadcasting Board of Governors any license, permit, certificate, or financial as- (2) A detailed description of steps taken with by this chapter shall be transferred to the sistance pending before the Broadcasting Board regard to section 312(a) of that Act. Broadcasting Board of Governors for appro- of Governors of the United States Information (3) An analysis of prospects for privatization priate allocation. Agency at the time this title takes effect, with over the coming year. (2) ADDITIONAL TRANSFERS.—In addition to respect to functions exercised by the Board as of (4) An assessment of the extent to which the transfers made under paragraph (1), there the effective date of this title but such proceed- United States Government funding may be ap- shall be transferred to the Chairman of the ings and applications shall be continued. propriate in the year 2000 and subsequent years Broadcasting Board of Governors the assets, (2) ORDERS, APPEALS, AND PAYMENTS.—Orders for surrogate broadcasting to the countries to contracts, property, records, and unexpended shall be issued in such proceedings, appeals which RFE/RL, Incorporated, broadcast during balance of appropriations, authorizations, allo- shall be taken therefrom, and payments shall be the year. This assessment shall include an anal- cations, and other funds, as determined by the made pursuant to such orders, as if this chapter ysis of the environment for independent media Secretary, in concurrence with the Broadcasting had not been enacted, and orders issued in any in those countries, noting the extent of govern- Board of Governors, to support the functions such proceedings shall continue in effect until ment control of the media, the ability of inde- transferred by this chapter. modified, terminated, superseded, or revoked by pendent journalists and news organizations to (b) TRANSFER OF PERSONNEL.—Notwithstand- a duly authorized official, by a court of com- operate, relevant domestic legislation, level of ing any other provision of law— petent jurisdiction, or by operation of law. government harassment and efforts to censor, (1) except as provided in subsection (c), all (3) STATUTORY CONSTRUCTION.—Nothing in and other indications of whether the people of personnel and positions of USIA employed or this subsection shall be deemed to prohibit the such countries enjoy freedom of expression. maintained to carry out the functions trans- discontinuance or modification of any such pro- CHAPTER 4—CONFORMING AMENDMENTS ferred by this chapter to the Broadcasting ceeding under the same terms and conditions SEC. 331. REFERENCES. Board of Governors shall be transferred to the and to the same extent that such proceeding (a) IN GENERAL.—Except as otherwise pro- Broadcasting Board of Governors at the same could have been discontinued or modified if this vided in this division, any reference in any stat- grade or class and the same rate of basic pay or chapter had not been enacted. ute, reorganization plan, Executive order, regu- basic salary rate and with the same tenure held (c) NONABATEMENT OF PROCEEDINGS.—No suit, lation, agreement, determination, or other offi- immediately preceding transfer; and action, or other proceeding commenced by or cial document or proceeding to— (2) the personnel and positions of USIA, as against any officer in the official capacity of (1) the Director of the United States Informa- determined by the Secretary of State, with the such individual as an officer of the Broadcast- tion Agency or the Director of the International concurrence of the Broadcasting Board of Gov- ing Board of Governors, or any commission or Communication Agency shall be deemed to refer ernors and the Director of USIA, to support the component thereof, shall abate by reason of the to the Secretary of State; and functions transferred by this chapter shall be enactment of this chapter. No cause of action by (2) the United States Information Agency, transferred to the Broadcasting Board of Gov- or against the Broadcasting Board of Gov- USIA, or the International Communication ernors, including the International Broadcast- ernors, or any commission or component thereof, Agency shall be deemed to refer to the Depart- ing Bureau, at the same grade or class and the or by or against any officer thereof in the offi- ment of State. same rate of basic pay or basic salary rate and cial capacity of such officer, shall abate by rea- (b) CONTINUING REFERENCES TO USIA OR DI- with the same tenure held immediately preced- son of the enactment of this chapter. RECTOR.—Subsection (a) shall not apply to sec- ing transfer. (d) CONTINUATION OF PROCEEDINGS WITH SUB- tion 146 (a), (b), or (c) of the Foreign Relations (c) TRANSFER AND ALLOCATION OF PROPERTY, STITUTION OF PARTIES.— Authorization Act, Fiscal Years 1990 and 1991 APPROPRIATIONS, AND PERSONNEL ASSOCIATED (1) SUBSTITUTION OF PARTIES.—If, before the (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)). WITH WORLDNET.—USIA personnel responsible effective date of this title, USIA or the Broad- SEC. 332. AMENDMENTS TO TITLE 5, UNITED for carrying out interactive dialogs with foreign casting Board of Governors, or any officer STATES CODE. media and other similar overseas public diplo- thereof in the official capacity of such officer, is Title 5, United States Code, is amended— macy programs using the Worldnet television a party to a suit which is related to the func- (1) in section 5313, by striking ‘‘Director of the broadcasting system, and funds associated with tions transferred by this chapter, then effective United States Information Agency.’’; March 10, 1998 CONGRESSIONAL RECORD — HOUSE H963 (2) in section 5315— SEC. 334. ABOLITION OF UNITED STATES ADVI- (1) in the second sentence of subsection (a), by (A) by striking ‘‘Deputy Director of the SORY COMMISSION ON PUBLIC DI- striking ‘‘United States Information Agency’’ United States Information Agency.’’; and PLOMACY. and inserting ‘‘Department of State’’; and (a) ABOLITION.—The United States Advisory (2) in subsection (b)— (B) by striking ‘‘Director of the International Commission on Public Diplomacy is abolished. Broadcasting Bureau, the United States Infor- (A) by striking ‘‘appropriations account of the (b) REPEALS.—Section 604 of the United States United States Information Agency’’ and insert- mation Agency.’’ and inserting ‘‘Director of the Information and Educational Exchange Act of International Broadcasting Bureau.’’; and ing ‘‘appropriate appropriations account of the 1948 (22 U.S.C. 1469) and section 8 of Reorga- Department of State’’; and (3) in section 5316— nization Plan Numbered 2 of 1977 are repealed. (B) by striking ‘‘and the United States Infor- (A) by striking ‘‘Deputy Director, Policy and SEC. 335. CONFORMING AMENDMENTS. mation Agency’’. Plans, United States Information Agency.’’; and (a) The United States Information and Edu- (d) Section 305 of Public Law 97–446 (19 U.S.C. (B) by striking ‘‘Associate Director (Policy cational Exchange Act of 1948 (22 U.S.C. 1431 et 2604) is amended in the first sentence, by strik- and Plans), United States Information Agen- seq.) is amended— ing ‘‘, after consultation with the Director of cy.’’. (1) in section 505 (22 U.S.C. 1464a)— the United States Information Agency,’’. SEC. 333. APPLICATION OF CERTAIN LAWS. (A) by striking ‘‘Director of the United States (e) Section 601 of Public Law 103–227 (20 Information Agency’’ each place it appears and U.S.C. 5951(a)) is amended by striking ‘‘of the (a) APPLICATION TO FUNCTIONS OF DEPART- inserting ‘‘Broadcasting Board of Governors’’; Director of the United States Information Agen- MENT OF STATE.—Section 501 of Public Law 80– (B) by striking ‘‘United States Information 402 (22 U.S.C. 1461), section 202 of Public Law cy and with’’ and inserting ‘‘and’’. Agency’’ each place it appears and inserting (f) Section 1003(b) of the Fascell Fellowship 95–426 (22 U.S.C. 1461–1), and section 208 of ‘‘Broadcasting Board of Governors’’; Public Law 99–93 (22 U.S.C. 1461–1a) shall not Act (22 U.S.C. 4902(b)) is amended— (C) in subsection (b)— (1) in the text above paragraph (1), by striking apply to public affairs and other information (i) by striking ‘‘Agency’s’’ and all that follows ‘‘9 members’’ and inserting ‘‘7 members’’; dissemination functions of the Secretary of State through ‘‘ ‘USIA-TV’)’’ and inserting ‘‘television (2) in paragraph (4), by striking ‘‘Six’’ and in- as carried out prior to any transfer of functions broadcasts of the United States International serting ‘‘Five’’; pursuant to this division. Television Service’’; and (3) by striking paragraph (3); and (b) APPLICATION TO FUNCTIONS TRANSFERRED (ii) in paragraphs (1), (2), and (3), by striking (4) by redesignating paragraph (4) as para- TO DEPARTMENT OF STATE.—Section 501 of Pub- ‘‘USIA-TV’’ each place it appears and inserting graph (3). lic Law 80–402 (22 U.S.C. 1461), section 202 of ‘‘The United States International Television (g) Section 803 of the Intelligence Authoriza- Public Law 95–426 (22 U.S.C. 1461–1), and sec- Service’’; and tion Act, Fiscal Year 1992 (50 U.S.C. 1903) is tion 208 of Public Law 99–93 (22 U.S.C. 1461–1a) (D) in subsections (d) and (e), by striking amended— shall apply only to public diplomacy programs ‘‘USIA-TV’’ each place it appears and inserting (1) in subsection (b)— of the Director of the United States Information ‘‘the United States International Television (A) by striking paragraph (6); and Agency as carried out prior to any transfer of Service’’; (B) by redesignating paragraphs (7) and (8) as functions pursuant to this division to the same (2) in section 506(c) (22 U.S.C. 1464b(c))— paragraphs (6) and (7), respectively; and extent that such programs were covered by these (A) by striking ‘‘Director of the United States (2) in subsection (c), by striking ‘‘subsection provisions prior to such transfer. Information Agency’’ and inserting ‘‘Broadcast- (b)(7)’’ and inserting ‘‘subsection (b)(6)’’. (c) LIMITATION ON USE OF FUNDS.—Except as ing Board of Governors’’; (h) Section 7 of the Federal Triangle Develop- provided in section 501 of Public Law 80–402 and (B) by striking ‘‘Agency’’ and inserting ment Act (40 U.S.C. 1106) is amended— section 208 of Public Law 99–93, funds specifi- ‘‘Board’’; and (1) in subsection (c)(1)— (C) by striking ‘‘Director’’ and inserting cally authorized to be appropriated for such (A) in the text above subparagraph (A), by ‘‘Board’’. public diplomacy programs shall not be used to striking ‘‘15 members’’ and inserting ‘‘14 mem- (3) in section 705 (22 U.S.C 1477c)— bers’’; influence public opinion in the United States, (A) by striking subsections (a) and (c); and and no program material prepared using such (B) by striking subparagraph (F); and (B) in subsection (b)— (C) by redesignating subparagraphs (G) funds shall be distributed or disseminated in the (i) by striking ‘‘(b) In addition, the United United States. through (J) as subparagraphs (F) through (I), State Information Agency’’ and inserting ‘‘The respectively; (d) REPORTING REQUIREMENTS.—The report Department of State’’; and (2) in paragraphs (3) and (5) of subsection (c), submitted pursuant to section 601(f) of this divi- (ii) by striking ‘‘program grants’’ and insert- by striking ‘‘paragraph (1)(J)’’ each place it ap- sion shall include a detailed statement of the ing ‘‘grants for overseas public diplomacy pro- pears and inserting ‘‘paragraph (1)(I)’’; and manner in which the special mission of public grams’’; (3) in subsection (d)(3) and subsection (e), by (4) in section 801(7) (22 U.S.C. 1471(7))— diplomacy carried out by USIA prior to the striking ‘‘the Administrator and the Director of (A) by striking ‘‘Agency’’ and inserting ‘‘over- transfer of functions under this division shall be the United States Information Agency’’ each preserved within the Department of State, in- seas public diplomacy’’; and (B) by inserting ‘‘other’’ after ‘‘together place it appears and inserting ‘‘and the Admin- cluding the planned duties and responsibilities istrator’’. of any new bureaus that will perform such pub- with’’; and (5) in section 812 (22 U.S.C. 1475g)— (i) Section 3 of the Woodrow Wilson Memorial lic diplomacy functions. Such report shall also Act of 1968 (Public Law 90–637; 20 U.S.C. 80f) is include the best available estimates of— (A) by striking ‘‘United States Information Agency post’’ each place it appears and insert- amended— (1) the amounts to be expended by the Depart- ing ‘‘overseas public diplomacy post’’; (1) in subsection (b)— ment of State for public affairs programs during (B) in subsection (a), by striking ‘‘United (A) in the text preceding paragraph (1), by fiscal year 1998, and on the personnel and sup- States Information Agency’’ the first place it ap- striking ‘‘19 members’’ and inserting ‘‘17 mem- port costs for such programs; pears and inserting ‘‘Department of State’’; bers’’; (2) the amounts to be expended by USIA for (C) in subsection (b), by striking ‘‘Director of (B) by striking paragraph (7); its public diplomacy programs during fiscal year the United States Information Agency’’ and in- (C) by striking ‘‘10’’ in paragraph (10) and in- 1998, and on the personnel and support costs for serting ‘‘Secretary of State’’; and serting ‘‘9’’; and such programs; and (D) in the section heading, by striking ‘‘usia’’ (D) by redesignating paragraphs (8) through (3) the amounts, including funds to be trans- and inserting ‘‘overseas public diplomacy’’. (10) as paragraphs (7) through (9), respectively; ferred from USIA and funds appropriated to the (b) Section 212 of the Foreign Relations Au- and Department, that will be allocated for the pro- thorization Act, Fiscal Years 1992 and 1993 (22 (2) in subsection (c), by striking ‘‘(9)’’ and in- grams described in paragraphs (1) and (2), re- U.S.C. 1475h) is amended— serting ‘‘(8)’’. spectively, during the fiscal year in which the (1) by striking ‘‘United States Information (j) Section 624 of Public Law 89–329 (20 U.S.C. transfer of functions from USIA to the Depart- Agency’’ each place it appears and inserting 1131c) is amended by striking ‘‘the United States ment occurs. ‘‘Department of State’’; Information Agency,’’. (k) The Foreign Service Act of 1980 (22 U.S.C. (e) CONGRESSIONAL PRESENTATION DOCU- (2) in subsection (a), by inserting ‘‘for carry- 3901 et seq.) is amended— MENT.—The Department of State’s Congres- ing out its overseas public diplomacy functions’’ after ‘‘grants’’; (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), sional Presentation Document for fiscal year by striking ‘‘Director of the United States Infor- 2000 and each fiscal year thereafter shall in- (3) in subsection (b)— (A) by striking ‘‘a grant’’ the first time it ap- mation Agency’’ and inserting ‘‘Broadcasting clude— pears and inserting ‘‘an overseas public diplo- Board of Governors’’; (1) the aggregated amounts that the Depart- macy grant’’; and (2) in section 210 (22 U.S.C. 3930), by striking ment will spend on such public diplomacy pro- (B) in paragraph (1), by inserting ‘‘such’’ be- ‘‘United States Information Agency’’ and insert- grams and on costs of personnel for such pro- fore ‘‘a grant’’ the first place it appears; ing ‘‘Broadcasting Board of Governors’’; grams, and a detailed description of the goals (4) in subsection (c)(1), by inserting ‘‘overseas (3) in section 1003(a) (22 U.S.C. 4103(a)), by and purposes for which such funds shall be ex- public diplomacy’’ before ‘‘grants’’; striking ‘‘United States Information Agency’’ pended; and (5) in subsection (c)(3), by inserting ‘‘such’’ and inserting ‘‘Broadcasting Board of Gov- (2) the amount of funds allocated to and the before ‘‘grant’’; and ernors’’; and positions authorized for such public diplomacy (6) by striking subsection (d). (4) in section 1101(c) (22 U.S.C. 4131(c)), by programs, including bureaus to be created upon (c) Section 602 of the National and Commu- striking ‘‘the United States Information Agen- the transfer of functions from USIA to the De- nity Service Act of 1990 (22 U.S.C. 2452a) is cy,’’ and inserting ‘‘Broadcasting Board of Gov- partment. amended— ernors,’’. H964 CONGRESSIONAL RECORD — HOUSE March 10, 1998 (l) The Department of State Basic Authorities CHAPTER 2—ABOLITION AND TRANSFER (3) insofar as such reference relates to any Act of 1956, as amended by this Act, is further OF FUNCTIONS function or authority transferred under section amended— SEC. 411. ABOLITION OF UNITED STATES INTER- 412(c), shall be deemed to refer to the head of (1) in section 23(a) (22 U.S.C. 2695(a)), by NATIONAL DEVELOPMENT COOPERA- the agency to which such function or authority striking ‘‘United States Information Agency’’ TION AGENCY. is transferred under such section; and and inserting ‘‘Broadcasting Board of Gov- (a) IN GENERAL.—Except for the components (4) insofar as such reference relates to any ernors’’; specified in subsection (b), the United States function or authority not transferred by this (2) in section 25(f) (22 U.S.C. 2697(f))— International Development Cooperation Agency title, shall be deemed to refer to the President or (A) by striking ‘‘Director of the United States (including the Institute for Scientific and Tech- such agency or agencies as may be specified by Information Agency’’ and inserting ‘‘Broadcast- nological Cooperation) is abolished. Executive order. ing Board of Governors’’; and (b) AID AND OPIC EXEMPTED.—Subsection (a) SEC. 422. CONFORMING AMENDMENTS. does not apply to the Agency for International (B) by striking ‘‘with respect to their respec- (a) TERMINATION OF REORGANIZATION PLANS Development or the Overseas Private Investment tive agencies’’ and inserting ‘‘with respect to the AND DELEGATIONS.—The following shall cease to Board and the Agency’’; Corporation. be effective: (3) in section 26(b) (22 U.S.C. 2698(b)), as SEC. 412. TRANSFER OF FUNCTIONS AND AU- (1) Reorganization Plan Numbered 2 of 1979 (5 amended by this Act— THORITIES. U.S.C. App.). (A) by striking ‘‘Director of the United States (a) ALLOCATION OF FUNDS.— (2) Section 1–101 through 1–103, sections 1–401 (1) ALLOCATION TO THE SECRETARY OF Information Agency, the chairman of the Board through 1–403, section 1–801(a), and such other STATE.—Funds made available under the cat- for International Broadcasting,’’ and inserting provisions that relate to the United States Inter- egories of assistance deemed allocated to the Di- ‘‘Broadcasting Board of Governors,’’; and national Development Cooperation Agency or rector of the International Development Co- (B) by striking ‘‘with respect to their respec- the Director of IDCA, of Executive Order No. operation Agency under section 1–801 of Execu- tive agencies’’ and inserting ‘‘with respect to the 12163 (22 U.S.C. 2381 note; relating to adminis- tive Order No. 12163 (22 U.S.C. 2381 note) as of Board and the Agency’’; and tration of foreign assistance and related func- October 1, 1997, shall be allocated to the Sec- (4) in section 32 (22 U.S.C. 2704), as amended tions). retary of State on and after the effective date of by this Act, by striking ‘‘the Director of the (3) The International Development Coopera- this title without further action by the Presi- United States Information Agency’’ and insert- tion Agency Delegation of Authority Numbered dent. ing ‘‘the Broadcasting Board of Governors’’. 1 (44 Fed. Reg. 57521), except for section 1–6 of (2) PROCEDURES FOR REALLOCATIONS OR (m) Section 507(b)(3) of Public Law 103–317 (22 such Delegation of Authority. TRANSFERS.—The Secretary of State may allo- U.S.C. 2669a(b)(3)) is amended by striking ‘‘, the (4) Section 3 of Executive Order No. 12884 (58 cate or transfer as appropriate any funds re- United States Information Agency,’’. Fed. Reg. 64099; relating to the delegation of ceived under paragraph (1) in the same manner (n) Section 502 of Public Law 92–352 (2 U.S.C. functions under the Freedom for Russia and as previously provided for the Director of the 194a) is amended by striking ‘‘the United States Emerging Eurasian Democracies and Open Mar- International Development Cooperation Agency Information Agency,’’. kets Support Act of 1992, the Foreign Assistance under section 1–802 of that Executive Order, as (o) Section 6 of Public Law 104–288 (22 U.S.C. Act of 1961, the Foreign Operations, Export Fi- in effect on October 1, 1997. 2141d) is amended— nancing and Related Programs Appropriations (b) WITH RESPECT TO THE OVERSEAS PRIVATE (1) in subsection (a), by striking ‘‘Director of Act, 1993, and section 301 of title 3, United the United States Information Agency,’’; and INVESTMENT CORPORATION.—There are trans- ferred to the Administrator of the Agency for States Code). (2) in subsection (b), by striking ‘‘the Director (b) OTHER STATUTORY AMENDMENTS AND RE- of the United States Information Agency’’ and International Development all functions of the Director of the United States International De- PEAL.— inserting ‘‘the Under Secretary of State for Pub- (1) TITLE 5.—Section 7103(a)(2)(B)(iv) of title velopment Cooperation Agency as of the day be- lic Diplomacy’’. 5, United States Code, is amended by striking fore the effective date of this title with respect (p) Section 40118(d) of title 49, United States ‘‘United States International Development Co- to the Overseas Private Investment Corporation. Code, is amended by striking ‘‘, the Director of operation Agency’’ and inserting ‘‘Agency for (c) OTHER ACTIVITIES.—The authorities and the United States Information Agency,’’. International Development’’. (q) Section 155 of Public Law 102–138 is functions transferred to the United States Inter- national Development Cooperation Agency or (2) INSPECTOR GENERAL ACT OF 1978.—Section amended— 8A of the Inspector General Act of 1978 (5 U.S.C. (1) by striking the comma before ‘‘Department the Director of that Agency by section 6 of Reor- ganization Plan Numbered 2 of 1979 shall, to the App. 3) is amended— of Commerce’’ and inserting ‘‘and’’; and (A) in subsection (a)— extent such authorities and functions have not (2) by striking ‘‘, and the United States Infor- (i) by striking ‘‘Development’’ through ‘‘(1) been repealed, be transferred to those agencies mation Agency’’. shall’’ and inserting ‘‘Development shall’’; or heads of agencies, as the case may be, in (r) Section 107 of the Cuban Liberty and (ii) by striking ‘‘; and’’ at the end of sub- which those authorities and functions were Democratic Solidarity (LIBERTAD) Act of 1996 section (a)(1) and inserting a period; and (22 U.S.C. 6037) is amended by striking ‘‘Direc- vested by statute as of the day before the effec- (iii) by striking paragraph (2); tor of the United States Information Agency’’ tive date of such reorganization plan. (B) by striking subsections (c) and (f); and each place it appears and inserting ‘‘Director of SEC. 413. STATUS OF AID. (C) by redesignating subsections (d), (e), (g), the International Broadcasting Bureau’’. (a) IN GENERAL.—Unless abolished pursuant and (h) as subsections (c), (d), (e), and (f), re- to the reorganization plan submitted under sec- SEC. 336. REPEALS. spectively. tion 601, and except as provided in section 412, The following provisions are repealed: (3) STATE DEPARTMENT BASIC AUTHORITIES ACT there is within the Executive branch of Govern- (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. OF 1956.—The State Department Basic Authori- ment the United States Agency for International 1477b), 807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), ties Act of 1956 is amended— Development as an entity described in section 811 (22 U.S.C 1475f), and 1009 (22 U.S.C. 1440) of (A) in section 25(f) (22 U.S.C. 2697(f)), as 104 of title 5, United States Code. the United States Information and Educational amended by this Act, by striking ‘‘Director of (b) RETENTION OF OFFICERS.—Nothing in this Exchange Act of 1948. the United States International Development section shall require the reappointment of any (2) Section 106(c) of the Mutual Educational Cooperation Agency’’ and inserting ‘‘Adminis- officer of the United States serving in the Agen- and Cultural Exchange Act of 1961 (22 U.S.C. trator of the Agency for International Develop- cy for International Development of the United 2456(c)). ment’’; States International Development Cooperation (3) Section 565(e) of the Anti-Economic Dis- (B) in section 26(b) (22 U.S.C. 2698(b)), as Agency as of the day before the effective date of crimination Act of 1994 (22 U.S.C. 2679c(e)). amended by this Act, by striking ‘‘Director of this title. (4) Section 206(b) of Public Law 102–138. the United States International Development (5) Section 2241 of Public Law 104–66. CHAPTER 3—CONFORMING AMENDMENTS Cooperation Agency’’ and inserting ‘‘Adminis- (6) Sections 1 through 6 of Reorganization SEC. 421. REFERENCES. trator of the Agency for International Develop- Plan Numbered 2 of 1977 (91 Stat. 636). Except as otherwise provided in this division, ment’’; and (7) Section 207 of the Foreign Relations Au- any reference in any statute, reorganization (C) in section 32 (22 U.S.C. 2704), by striking thorization Act, Fiscal Years 1988 and 1989 plan, Executive order, regulation, agreement, ‘‘Director of the United States International De- (Public Law 100–204; 22 U.S.C. 1463 note). determination, or other official document or pro- velopment Cooperation Agency’’ and inserting TITLE IV—UNITED STATES INTER- ceeding to the United States International De- ‘‘Administrator of the Agency for International NATIONAL DEVELOPMENT COOPERA- velopment Cooperation Agency (IDCA) or to the Development’’. (4) FOREIGN SERVICE ACT OF 1980.—The Foreign TION AGENCY Director or any other officer or employee of IDCA— Service Act of 1980 is amended— CHAPTER 1—GENERAL PROVISIONS (1) insofar as such reference relates to any (A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), SEC. 401. EFFECTIVE DATE. function or authority transferred under section by striking ‘‘Director of the United States Inter- This title, and the amendments made by this 412(a), shall be deemed to refer to the Secretary national Development Cooperation Agency’’ and title, shall take effect on the earlier of— of State; inserting ‘‘Administrator of the Agency for (1) October 1, 1998; or (2) insofar as such reference relates to any International Development’’; (2) the date of abolition of the United States function or authority transferred under section (B) in section 210 (22 U.S.C. 3930), by striking International Development Cooperation Agency 412(b), shall be deemed to refer to the Adminis- ‘‘United States International Development Co- pursuant to the reorganization plan described in trator of the Agency for International Develop- operation Agency’’ and inserting ‘‘Agency for section 601. ment; International Development’’; March 10, 1998 CONGRESSIONAL RECORD — HOUSE H965

(C) in section 1003(a) (22 U.S.C. 4103(a)), by (1) IN GENERAL.—Under the direction of the (1) The United States Arms Control and Disar- striking ‘‘United States International Develop- President, the Secretary of State shall coordi- mament Agency. ment Cooperation Agency’’ and inserting nate all United States assistance in accordance (2) The United States Information Agency. ‘‘Agency for International Development’’; and with this section, except as provided in para- (3) The United States International Develop- (D) in section 1101(c) (22 U.S.C. 4131(c)), by graphs (2) and (3). ment Cooperation Agency. striking ‘‘United States International Develop- (2) EXPORT PROMOTION ACTIVITIES.—Coordi- (4) The Agency for International Develop- ment Cooperation Agency’’ and inserting nation of activities relating to promotion of ex- ment. ‘‘Agency for International Development’’. ports of United States goods and services shall (c) PLAN ELEMENTS.—The plan transmitted (5) REPEAL.—Section 413 of Public Law 96–53 continue to be primarily the responsibility of the under subsection (a) shall contain, consistent (22 U.S.C. 3512) is repealed. Secretary of Commerce. with this division, such elements as the Presi- (6) TITLE 49.—Section 40118(d) of title 49, (3) INTERNATIONAL ECONOMIC ACTIVITIES.—Co- dent deems appropriate, including elements United States Code, is amended by striking ‘‘the ordination of activities relating to United States that— Director of the United States International De- participation in international financial institu- (1) identify the functions of each covered velopment Cooperation Agency’’ and inserting tions and relating to organization of multilat- agency that will be transferred to the Depart- ‘‘or the Administrator of the Agency for Inter- eral efforts aimed at currency stabilization, cur- ment under the plan; national Development’’. rency convertibility, debt reduction, and com- (2) specify the steps to be taken by the Sec- (7) EXPORT ADMINISTRATION ACT OF 1979.—Sec- prehensive economic reform programs shall con- retary of State to reorganize internally the func- tion 2405(g) of the Export Administration Act of tinue to be primarily the responsibility of the tions of the Department, including the consoli- 1979 (50 U.S.C. App. 2405(g)) is amended— Secretary of the Treasury. dation of offices and functions, that will be re- (A) by striking ‘‘Director of the United States (4) AUTHORITIES AND POWERS OF THE SEC- quired under the plan in order to permit the De- International Development Cooperation Agen- RETARY OF STATE.—The powers and authorities partment to carry out the functions transferred cy’’ each place it appears and inserting ‘‘Ad- of the Secretary provided in this chapter are in to it under the plan; ministrator of the Agency for International De- addition to the powers and authorities provided (3) specify the funds available to each covered velopment’’; and to the Secretary under any other Act, including agency that will be transferred to the Depart- (B) in the fourth sentence, by striking ‘‘Direc- section 101(b) and section 622(c) of the Foreign ment as a result of the transfer of functions of tor’’ and inserting ‘‘Administrator’’. Assistance Act of 1961 (22 U.S.C. 2151(b), such agency to the Department; TITLE V—AGENCY FOR INTERNATIONAL 2382(c)). (4) specify the proposed allocations within the DEVELOPMENT (b) COORDINATION ACTIVITIES.—Coordination Department of unexpended funds transferred in CHAPTER 1—GENERAL PROVISIONS activities of the Secretary of State under sub- connection with the transfer of functions under section (a) shall include— the plan; and SEC. 501. EFFECTIVE DATE. (1) approving an overall assistance and eco- (5) specify the proposed disposition of the This title, and the amendments made by this nomic cooperation strategy; property, facilities, contracts, records, and other title, shall take effect on the earlier of— (2) ensuring program and policy coordination assets and liabilities of each covered agency in (1) October 1, 1998; or among agencies of the United States Govern- connection with the transfer of the functions of (2) the date of reorganization of the Agency ment in carrying out the policies set forth in the such agency to the Department. for International Development pursuant to the Foreign Assistance Act of 1961, the Arms Export (d) REORGANIZATION PLAN OF AGENCY FOR reorganization plan described in section 601. Control Act, and other relevant assistance Acts; INTERNATIONAL DEVELOPMENT.—In addition to CHAPTER 2—REORGANIZATION AND (3) pursuing coordination with other countries applicable provisions of subsection (c), the reor- TRANSFER OF FUNCTIONS and international organizations; and ganization plan transmitted under this section SEC. 511. REORGANIZATION OF AGENCY FOR (4) resolving policy, program, and funding dis- for the Agency for International Development— INTERNATIONAL DEVELOPMENT. putes among United States Government agen- (1) may provide for the abolition of the Agen- (a) IN GENERAL.—The Agency for Inter- cies. cy for International Development and the trans- national Development shall be reorganized in (c) STATUTORY CONSTRUCTION.—Nothing in fer of all its functions to the Department of accordance with this division and the reorga- this section may be construed to lessen the ac- State; or nization plan transmitted pursuant to section countability of any Federal agency administer- (2) in lieu of the abolition and transfer of 601. ing any program, project, or activity of United functions under paragraph (1)— (b) FUNCTIONS TO BE TRANSFERRED.—The re- States assistance for any funds made available (A) shall provide for the transfer to and con- organization of the Agency for International to the Federal agency for that purpose. solidation within the Department of the func- Development shall provide, at a minimum, for (d) AUTHORITY TO PROVIDE PERSONNEL OF tions set forth in section 511; and the transfer to and consolidation with the De- THE AGENCY FOR INTERNATIONAL DEVELOP- (B) may provide for additional consolidation, partment of State of the following functions of MENT.—The Administrator of the Agency for reorganization, and streamlining of AID, in- AID: International Development is authorized to de- cluding— (1) The Press office. tail to the Department of State on a non- (i) the termination of functions and reduc- (2) Certain administrative functions. reimbursable basis such personnel employed by tions in personnel of AID; CHAPTER 3—AUTHORITIES OF THE the Agency as the Secretary of State may re- (ii) the transfer of functions of AID, and the SECRETARY OF STATE quire to carry out this section. personnel associated with such functions, to the SEC. 521. DEFINITION OF UNITED STATES ASSIST- TITLE VI—TRANSITION Department; and ANCE. CHAPTER 1—REORGANIZATION PLAN (iii) the consolidation, reorganization, and In this chapter, the term ‘‘United States as- SEC. 601. REORGANIZATION PLAN AND REPORT. streamlining of the Department upon the trans- sistance’’ means development and other eco- (a) SUBMISSION OF PLAN AND REPORT.—Not fer of such functions and personnel in order to nomic assistance, including assistance made later than 60 days after the date of the enact- carry out the functions transferred. available under the following provisions of law: ment of this Act, the President shall transmit to (e) MODIFICATION OF PLAN.—The President (1) Chapter 1 of part I of the Foreign Assist- the appropriate congressional committees a reor- may, on the basis of consultations with the ap- ance Act of 1961 (relating to development assist- ganization plan and report regarding— propriate congressional committees, modify or ance). (1) the abolition of the United States Arms revise any part of the plan transmitted under (2) Chapter 4 of part II of the Foreign Assist- Control and Disarmament Agency, the United subsection (a) until that part of the plan be- ance Act of 1961 (relating to the economic sup- States Information Agency, and the United comes effective in accordance with subsection port fund). States International Development Cooperation (g). (3) Chapter 10 of part I of the Foreign Assist- Agency in accordance with this division; (f) REPORT.—The report accompanying the re- ance Act of 1961 (relating to the Development (2) with respect to the Agency for Inter- organization plan for the Department and the Fund for Africa). national Development, the consolidation and covered agencies submitted pursuant to this sec- (4) Chapter 11 of part I of the Foreign Assist- streamlining of the Agency and the transfer of tion shall describe the implementation of the ance Act of 1961 (relating to assistance for the certain functions of the Agency to the Depart- plan and shall include— independent states of the former Soviet Union). ment in accordance with section 511; (1) a detailed description of— (5) The Support for East European Democracy (3) the termination of functions of each cov- (A) the actions necessary or planned to com- Act (22 U.S.C. 5401 et seq.). ered agency as may be necessary to effectuate plete the reorganization, SEC. 522. ADMINISTRATOR OF AID REPORTING TO the reorganization under this division, and the (B) the anticipated nature and substance of THE SECRETARY OF STATE. termination of the affairs of each agency abol- any orders, directives, and other administrative The Administrator of the Agency for Inter- ished under this division; and operational actions which are expected to national Development, appointed pursuant to (4) the transfer to the Department of the func- be required for completing or implementing the section 624(a) of the Foreign Assistance Act of tions and personnel of each covered agency con- reorganization, and 1961 (22 U.S.C. 2384(a)), shall report to and be sistent with the provisions of this division; and (C) any preliminary actions which have been under the direct authority and foreign policy (5) the consolidation, reorganization, and taken in the implementation process; guidance of the Secretary of State. streamlining of the Department in connection (2) the number of personnel and positions of SEC. 523. ASSISTANCE PROGRAMS COORDINA- with the transfer of such functions and person- each covered agency (including civil service per- TION AND OVERSIGHT. nel in order to carry out such functions. sonnel, Foreign Service personnel, and (a) AUTHORITY OF THE SECRETARY OF (b) COVERED AGENCIES.—The agencies covered detailees) that are expected to be transferred to STATE.— by this section are the following: the Department, separated from service with H966 CONGRESSIONAL RECORD — HOUSE March 10, 1998 such agency, or eliminated under the plan, and (4) creating a new Federal agency which is to the exercise of this authority. This subsection a projected schedule for such transfers, separa- not a component or part of an existing executive does not authorize the Secretary to assign any tions, and terminations; department or independent agency; or individual to any position that by law requires (3) the number of personnel and positions of (5) increasing the term of an office beyond appointment by the President, by and with the the Department (including civil service person- that provided by law for the office. advice and consent of the Senate. nel, Foreign Service personnel, and detailees) SEC. 612. TRANSFER AND ALLOCATION OF APPRO- (d) SUPERSEDING OTHER PROVISIONS OF that are expected to be transferred within the PRIATIONS. LAW.—Subsections (a) through (c) shall be exer- Department, separated from service with the De- (a) IN GENERAL.—Except as otherwise pro- cised notwithstanding any other provision of partment, or eliminated under the plan, and a vided in this division, the assets, liabilities (in- law. projected schedule for such transfers, separa- cluding contingent liabilities arising from suits SEC. 614. INCIDENTAL TRANSFERS. tions, and terminations; continued with a substitution or addition of The Director of the Office of Management and (4) a projected schedule for completion of the parties under section 615(e)), contracts, prop- Budget, when requested by the Secretary, is au- implementation process; and erty, records, and unexpended balance of appro- thorized to make such incidental dispositions of (5) recommendations, if any, for legislation priations, authorizations, allocations, and other personnel, assets, liabilities, grants, contracts, necessary to carry out changes made by this di- funds employed, held, used, arising from, avail- property, records, and unexpended balances of vision relating to personnel and to incidental able to, or to be made available in connection appropriations, authorizations, allocations, and transfers. with the functions and offices, or portions other funds held, used, arising from, available (g) EFFECTIVE DATE.— thereof, transferred by any title of this division to, or to be made available in connection with (1) IN GENERAL.—The reorganization plan de- shall be transferred to the Secretary for appro- such functions, as may be necessary to carry scribed in this section, including any modifica- priate allocation. out the provisions of any title of this division. tions or revisions of the plan under subsection (b) LIMITATION ON USE OF TRANSFERRED The Director of the Office of Management and (e), shall become effective on the earlier of the FUNDS.—Except as provided in subsection (c), Budget, in consultation with the Secretary, date for the respective covered agency specified unexpended and unobligated funds transferred shall provide for the termination of the affairs in paragraph (2) or the date announced by the pursuant to any title of this division shall be of all entities terminated by this division and for President under paragraph (3). used only for the purposes for which the funds such further measures and dispositions as may (2) STATUTORY EFFECTIVE DATES.—The effec- were originally authorized and appropriated. be necessary to effectuate the purposes of any tive dates under this paragraph for the reorga- (c) FUNDS TO FACILITATE TRANSITION.— title of this division. nization plan described in this section are the (1) CONGRESSIONAL NOTIFICATION.—Funds SEC. 615. SAVINGS PROVISIONS. following: transferred pursuant to subsection (a) may be (a) CONTINUING LEGAL FORCE AND EFFECT.— (A) October 1, 1998, with respect to functions available for the purposes of reorganization sub- All orders, determinations, rules, regulations, of the Agency for International Development de- ject to notification of the appropriate congres- permits, agreements, grants, contracts, certifi- scribed in section 511. sional committees in accordance with the proce- cates, licenses, registrations, privileges, and (B) October 1, 1998, with respect to the aboli- dures applicable to a reprogramming of funds tion of the United States Arms Control and Dis- other administrative actions— under section 34 of the State Department Basic (1) that have been issued, made, granted, or armament Agency and the United States Inter- Authorities Act of 1956 (22 U.S.C. 2706). allowed to become effective by the President, national Development Cooperation Agency. (2) TRANSFER AUTHORITY.—Funds in any ac- any Federal agency or official thereof, or by a (C) October 1, 1999, with respect to the aboli- count appropriated to the Department of State tion of the United States Information Agency. court of competent jurisdiction, in the perform- may be transferred to another such account for ance of functions that are transferred under (3) EFFECTIVE DATE BY PRESIDENTIAL DETER- the purposes of reorganization, subject to notifi- any title of this division; and MINATION.—An effective date under this para- cation of the appropriate congressional commit- (2) that are in effect as of the effective date of graph for a reorganization plan described in tees in accordance with the procedures applica- this section is such date as the President shall such title, or were final before the effective date ble to a reprogramming of funds under section of such title and are to become effective on or determine to be appropriate and announce by 34 of the State Department Basic Authorities notice published in the Federal Register, which after the effective date of such title, Act of 1956 (22 U.S.C. 2706). The authority in shall continue in effect according to their terms date may be not earlier than 90 calendar days this paragraph is in addition to any other trans- after the President has transmitted the reorga- until modified, terminated, superseded, set fer authority available to the Secretary of State aside, or revoked in accordance with law by the nization plan to the appropriate congressional and shall expire September 30, 2000. committees pursuant to subsection (a). President, the Secretary, or other authorized of- SEC. 613. TRANSFER, APPOINTMENT, AND AS- ficial, a court of competent jurisdiction, or by (4) STATUTORY CONSTRUCTION.—Nothing in SIGNMENT OF PERSONNEL. operation of law. this subsection may be construed to require the (a) TRANSFER OF PERSONNEL FROM ACDA AND transfer of functions, personnel, records, bal- (b) PENDING PROCEEDINGS.— USIA.—Except as otherwise provided in title (1) IN GENERAL.—The provisions of any title of ance of appropriations, or other assets of a cov- III— ered agency on a single date. this division shall not affect any proceedings, (1) not later than the date of abolition of includinging notices of proposed rulemaking, or (5) SUPERSEDES EXISTING LAW.—Paragraph (1) ACDA, all personnel and positions of ACDA, any application for any license, permit, certifi- shall apply notwithstanding section 905(b) of and title 5, United States Code. cate, or financial assistance pending on the ef- (2) not later than the date of abolition of fective date of any title of this division before (h) PUBLICATION.—The reorganization plan USIA, all personnel and positions of USIA, described in this section shall be printed in the any Federal agency, commission, or component Federal Register after the date upon which it shall be transferred to the Department of State thereof, functions of which are transferred by first becomes effective. at the same grade or class and the same rate of any title of this division. Such proceedings and basic pay or basic salary rate and with the same applications, to the extent that they relate to CHAPTER 2—REORGANIZATION tenure held immediately preceding transfer. functions so transferred, shall be continued. AUTHORITY (b) TRANSFER OF PERSONNEL FROM AID.—Ex- (2) ORDERS, APPEALS, PAYMENTS.—Orders SEC. 611. REORGANIZATION AUTHORITY. cept as otherwise provided in title III, not later shall be issued in such proceedings, appeals (a) IN GENERAL.—The Secretary is authorized, than the date of transfer of any function of AID shall be taken therefrom, and payments shall be subject to the requirements of this division, to to the Department of State under this division, made pursuant to such orders, as if this division allocate or reallocate any function transferred all AID personnel performing such functions had not been enacted. Orders issued in any such to the Department under any title of this divi- and all positions associated with such functions proceedings shall continue in effect until modi- sion, and to establish, consolidate, alter, or dis- shall be transferred to the Department of State fied, terminated, superseded, or revoked by the continue such organizational entities within the at the same grade or class and the same rate of Secretary, by a court of competent jurisdiction, Department as may be necessary or appropriate basic pay or basic salary rate and with the same or by operation of law. to carry out any reorganization under this divi- tenure held immediately preceding transfer. (3) STATUTORY CONSTRUCTION.—Nothing in sion, but this subsection does not authorize the (c) ASSIGNMENT AUTHORITY.—The Secretary, this division shall be deemed to prohibit the dis- Secretary to modify the terms of any statute for a period of not more than 6 months com- continuance or modification of any such pro- that establishes or defines the functions of any mencing on the effective date of the transfer to ceeding under the same terms and conditions bureau, office, or officer of the Department. the Department of State of personnel under sub- and to the same extent that such proceeding (b) REQUIREMENTS AND LIMITATIONS ON REOR- sections (a) and (b), is authorized to assign such could have been discontinued or modified if this GANIZATION PLAN.—The reorganization plan personnel to any position or set of duties in the division had not been enacted. transmitted under section 601 may not have the Department of State regardless of the position (4) REGULATIONS.—The Secretary is author- effect of— held or duties performed by such personnel prior ized to promulgate regulations providing for the (1) creating a new executive department; to transfer, except that, by virtue of such as- orderly transfer of proceedings continued under (2) continuing a function beyond the period signment, such personnel shall not have their this subsection to the Department. authorized by law for its exercise or beyond the grade or class or their rate of basic pay or basic (c) NO EFFECT ON JUDICIAL OR ADMINISTRA- time when it would have terminated if the reor- salary rate reduced, nor their tenure changed. TIVE PROCEEDINGS.—Except as provided in sub- ganization had not been made; The Secretary shall consult with the relevant section (e) and section 327(d)— (3) authorizing a Federal agency to exercise a exclusive representatives (as defined in section (1) the provisions of this division shall not af- function which is not authorized by law at the 1002 of the Foreign Service Act and in section fect suits commenced prior to the effective dates time the plan is transmitted to Congress; 7103 of title 5, United States Code) with regard of the respective titles of this division; and March 10, 1998 CONGRESSIONAL RECORD — HOUSE H967 (2) in all such suits, proceedings shall be had, sponsibilities in the conduct of the foreign af- $14,549,000 for the fiscal year 1998 and appeals taken, and judgments rendered in the fairs of the United States and for other purposes $14,549,000 for the fiscal year 1999. same manner and effect as if this division had authorized by law, including the diplomatic se- SEC. 1103. GRANTS TO THE ASIA FOUNDATION. not been enacted. curity program: Section 404 of The Asia Foundation Act (title (d) NONABATEMENT OF PROCEEDINGS.—No (1) DIPLOMATIC AND CONSULAR PROGRAMS.— IV of Public Law 98–164) is amended to read as suit, action, or other proceeding commenced by For ‘‘Diplomatic and Consular Programs’’, of follows: or against any officer in the official capacity of the Department of State $1,746,977,000 for the ‘‘SEC. 404. There are authorized to be appro- such individual as an officer of any Federal fiscal year 1998 and $1,691,282,000 for the fiscal priated to the Secretary of State $10,000,000 for agency, or any commission or component there- year 1999. each of the fiscal years 1998 and 1999 for grants of, functions of which are transferred by any (2) SALARIES AND EXPENSES.— to The Asia Foundation pursuant to this title.’’. title of this division, shall abate by reason of the (A) AUTHORIZATION OF APPROPRIATIONS.—For SEC. 1104. VOLUNTARY CONTRIBUTIONS TO enactment of this division. No cause of action by ‘‘Salaries and Expenses’’, of the Department of INTERNATIONAL ORGANIZATIONS. or against any Federal agency, or any commis- State $363,513,000 for the fiscal year 1998 and (a) AUTHORIZATION OF APPROPRIATIONS.— sion or component thereof, functions of which $367,148,000 for the fiscal year 1999. There are authorized to be appropriated for are transferred by any title of this division, or (B) LIMITATIONS.—Of the amounts authorized ‘‘Voluntary Contributions to International Or- by or against any officer thereof in the official to be appropriated by subparagraph (A), ganizations’’, $294,500,000 for the fiscal year capacity of such officer shall abate by reason of $2,000,000 for fiscal year 1998 and $2,000,000 for 1998 and $294,500,000 for the fiscal year 1999. the enactment of this division. the fiscal year 1999 are authorized to be appro- (b) LIMITATIONS.— (e) CONTINUATION OF PROCEEDING WITH SUB- priated only for the recruitment of minorities for (1) WORLD FOOD PROGRAM.—Of the amounts STITUTION OF PARTIES.—If, before the effective careers in the Foreign Service and international authorized to be appropriated under subsection date of any title of this division, any Federal affairs. (a), $4,000,000 for the fiscal year 1998 and agency, or officer thereof in the official capacity (3) CAPITAL INVESTMENT FUND.—For ‘‘Capital $2,000,000 for the fiscal year 1999 are authorized of such officer, is a party to a suit, and under Investment Fund’’, of the Department of State to be appropriated only for a United States con- this division any function of such department, $86,000,000 for the fiscal year 1998 and tribution to the World Food Program. agency, or officer is transferred to the Secretary $118,340,000 for the fiscal year 1999. (2) UNITED NATIONS VOLUNTARY FUND FOR VIC- or any other official of the Department, then ef- (4) SECURITY AND MAINTENANCE OF BUILDINGS TIMS OF TORTURE.—Of the amount authorized to fective on such date such suit shall be continued ABROAD.—For ‘‘Security and Maintenance of be appropriated under subsection (a), $3,000,000 with the Secretary or other appropriate official Buildings Abroad’’, $397,943,000 for the fiscal for the fiscal year 1998 and $3,000,000 for the fis- of the Department substituted or added as a year 1998 and $590,800,000 for the fiscal year cal year 1999 are authorized to be appropriated party. 1999. only for a United States contribution to the (f) REVIEWABILITY OF ORDERS AND ACTIONS (5) REPRESENTATION ALLOWANCES.—For ‘‘Rep- United Nations Voluntary Fund for Victims of UNDER TRANSFERRED FUNCTIONS.—Orders and resentation Allowances’’, $4,300,000 for the fis- Torture. actions of the Secretary in the exercise of func- cal year 1998 and $4,300,000 for the fiscal year (3) INTERNATIONAL PROGRAM ON THE ELIMI- tions transferred under any title of this division 1999. NATION OF CHILD LABOR.—Of the amounts au- shall be subject to judicial review to the same (6) EMERGENCIES IN THE DIPLOMATIC AND CON- thorized to be appropriated under subsection extent and in the same manner as if such orders SULAR SERVICE.—For ‘‘Emergencies in the Diplo- (a), $5,000,000 for the fiscal year 1998 and and actions had been by the Federal agency or matic and Consular Service’’, $5,500,000 for the $5,000,000 for the fiscal year 1999 are authorized office, or part thereof, exercising such functions fiscal 1998 and $5,500,000 for the fiscal year 1999. to be appropriated only for a United States con- immediately preceding their transfer. Any statu- (7) OFFICE OF THE INSPECTOR GENERAL.—For tribution to the International Labor Organiza- tory requirements relating to notice, hearings, ‘‘Office of the Inspector General’’, $28,300,000 tion for the activities of the International Pro- action upon the record, or administrative review for the fiscal year 1998 and $28,717,000 for the gram on the Elimination of Child Labor. that apply to any function transferred by any fiscal year 1999. (c) AVAILABILITY OF FUNDS.—Amounts au- title of this division shall apply to the exercise (8) PAYMENT TO THE AMERICAN INSTITUTE IN thorized to be appropriated under subsection (a) of such function by the Secretary. TAIWAN.—For ‘‘Payment to the American Insti- are authorized to remain available until ex- SEC. 616. AUTHORITY OF SECRETARY OF STATE tute in Taiwan’’, $14,490,000 for the fiscal year pended. TO FACILITATE TRANSITION. 1998 and $15,000,000 for the fiscal year 1999. SEC. 1105. VOLUNTARY CONTRIBUTIONS TO Notwithstanding any provision of this divi- (9) PROTECTION OF FOREIGN MISSIONS AND OF- PEACEKEEPING OPERATIONS. sion, the Secretary of State, with the concur- FICIALS.—(A) For ‘‘Protection of Foreign Mis- There are authorized to be appropriated for rence of the head of the appropriate Federal sions and Officials’’, $7,900,000 for the fiscal ‘‘Peacekeeping Operations’’, $77,500,000 for the agency exercising functions transferred under year 1998 and $8,100,000 for the fiscal year 1999. fiscal year 1998 and $68,000,000 for the fiscal this division, may transfer the whole or part of (B) Each amount appropriated pursuant to year 1999 for the Department of State to carry such functions prior to the effective dates estab- this paragraph is authorized to remain available out section 551 of Public Law 87–195. lished in this division, including the transfer of through September 30 of the fiscal year follow- SEC. 1106. LIMITATION ON UNITED STATES VOL- personnel and funds associated with such func- ing the fiscal year for which the amount appro- UNTARY CONTRIBUTIONS TO tions. priated was made. UNITED NATIONS DEVELOPMENT PROGRAM. SEC. 617. FINAL REPORT. (10) REPATRIATION LOANS.—For ‘‘Repatriation (a) LIMITATION.—Of the amounts made Loans’’, $1,200,000 for the fiscal year 1998 and Not later than January 1, 2001, the President, available for fiscal years 1998 and 1999 for $1,200,000 for the fiscal year 1999, for adminis- in consultation with the Secretary of the Treas- United States voluntary contributions to the trative expenses. ury and the Director of the Office of Manage- United Nations Development Program an ment and Budget, shall submit to the appro- SEC. 1102. INTERNATIONAL COMMISSIONS. amount equal to the amount the United Nations priate congressional committees a report which The following amounts are authorized to be Development Program will spend in Burma dur- provides a final accounting of the finances and appropriated under ‘‘International Commis- ing each fiscal year shall be withheld unless operations of the agencies abolished under this sions’’ for the Department of State to carry out during such fiscal year the President submits to division. the authorities, functions, duties, and respon- the appropriate congressional committees the DIVISION B—FOREIGN RELATIONS sibilities in the conduct of the foreign affairs of certification described in subsection (b). AUTHORIZATION the United States and for other purposes au- (b) CERTIFICATION.—The certification referred TITLE X—GENERAL PROVISIONS thorized by law: to in subsection (a) is a certification by the (1) INTERNATIONAL BOUNDARY AND WATER SEC. 1001. SHORT TITLE. President that all programs and activities of the COMMISSION, UNITED STATES AND MEXICO.—For This division may be cited as the ‘‘Foreign Re- United Nations Development Program (includ- ‘‘International Boundary and Water Commis- lations Authorization Act, Fiscal Years 1998 and ing United Nations Development Program—Ad- sion, United States and Mexico’’— 1999’’. ministered Funds) in Burma— (A) for ‘‘Salaries and Expenses’’ $17,490,000 (1) are focused on eliminating human suffer- SEC. 1002. DEFINITION OF APPROPRIATE CON- for the fiscal year 1998 and $19,179,000 for the ing and addressing the needs of the poor; GRESSIONAL COMMITTEES. fiscal year 1999; and (2) are undertaken only through international In this division, the term ‘‘appropriate con- (B) for ‘‘Construction’’ $6,463,000 for the fiscal or private voluntary organizations that have gressional committees’’ means the Committee on year 1998 and $7,125,000 for the fiscal year 1999. been deemed independent of the State Law and International Relations of the House of Rep- (2) INTERNATIONAL BOUNDARY COMMISSION, Order Restoration Council (SLORC), after con- resentatives and the Committee on Foreign Rela- UNITED STATES AND CANADA.—For ‘‘Inter- sultation with the leadership of the National tions of the Senate. national Boundary Commission, United States League for Democracy and the leadership of the TITLE XI—AUTHORIZATION OF APPRO- and Canada’’, $761,000 for the fiscal year 1998 National Coalition Government of the Union of PRIATIONS FOR DEPARTMENT OF STATE and $835,000 for the fiscal year 1999. Burma; SEC. 1101. ADMINISTRATION OF FOREIGN AF- (3) INTERNATIONAL JOINT COMMISSION.—For (3) provide no financial, political, or military FAIRS. ‘‘International Joint Commission’’, $3,189,000 for benefit to the SLORC; and The following amounts are authorized to be the fiscal year 1998 and $3,432,000 for the fiscal (4) are carried out only after consultation appropriated for the Department of State under year 1999. with the leadership of the National League for ‘‘Administration of Foreign Affairs’’ to carry (4) INTERNATIONAL FISHERIES COMMISSIONS.— Democracy and the leadership of the National out the authorities, functions, duties, and re- For ‘‘International Fisheries Commissions’’, Coalition Government of the Union of Burma. H968 CONGRESSIONAL RECORD — HOUSE March 10, 1998 SEC. 1107. UNITED NATIONS POPULATION FUND. sion of an act described in paragraph (1), (2), or port, which may be submitted in classified form The amounts made available for each of the (3); or if necessary, shall specify the amount of the re- fiscal years 1998 and 1999 to carry out part I of ‘‘(5) the prevention, frustration, or favorable ward paid, to whom the reward was paid, and the Foreign Assistance Act of 1961, not more resolution of an act described in paragraph (1), the acts with respect to which the reward was than $25,000,000 shall be available for each such (2), or (3). paid. The report shall also discuss the signifi- fiscal year for the United Nations Population ‘‘(c) COORDINATION.— cance of the information for which the reward Fund. ‘‘(1) PROCEDURES.—To ensure that the pay- was paid in dealing with those acts. TITLE XII—DEPARTMENT OF STATE ment of rewards pursuant to this section does ‘‘(2) ANNUAL REPORTS.—Not later than 60 days AUTHORITIES AND ACTIVITIES not duplicate or interfere with the payment of after the end of each fiscal year, the Secretary shall submit a report to the appropriate congres- CHAPTER 1—AUTHORITIES AND informants or the obtaining of evidence or infor- sional committees with respect to the operation ACTIVITIES mation, as authorized to the Department of Jus- tice, the offering, administration, and payment of the rewards program. The report shall pro- SEC. 1201. REIMBURSEMENT OF DEPARTMENT OF of rewards under this section, including proce- vide information on the total amounts expended STATE FOR ASSISTANCE TO OVER- during the fiscal year ending in that year to SEAS EDUCATIONAL FACILITIES. dures for— carry out this section, including amounts ex- Section 29 of the State Department Basic Au- ‘‘(A) identifying individuals, organizations, pended to publicize the availability of rewards. thorities Act of 1956 (22 U.S.C. 2701) is amended and offenses with respect to which rewards will be offered; ‘‘(h) PUBLICATION REGARDING REWARDS OF- by adding at the end the following: ‘‘Notwith- FERED BY FOREIGN GOVERNMENTS.—Notwith- standing any other provision of law, where the ‘‘(B) the publication of rewards; ‘‘(C) the offering of joint rewards with foreign standing any other provision of this section, in child of a United States citizen employee of an governments; the sole discretion of the Secretary, the re- agency of the United States Government who is ‘‘(D) the receipt and analysis of data; and sources of the rewards program shall be avail- stationed outside the United States attends an ‘‘(E) the payment and approval of payment, able for the publication of rewards offered by educational facility assisted by the Secretary of shall be governed by procedures developed by foreign governments regarding acts of inter- State under this section, the head of that agen- the Secretary of State, in consultation with the national terrorism which do not involve United cy is authorized to reimburse, or credit with ad- Attorney General. States persons or property or a violation of the vance payment, the Department of State for ‘‘(2) PRIOR APPROVAL OF ATTORNEY GENERAL narcotics laws of the United States. funds used in providing assistance to such edu- REQUIRED.—Before making a reward under this ‘‘(i) DETERMINATIONS OF THE SECRETARY.—A cational facilities, by grant or otherwise, under section in a matter over which there is Federal determination made by the Secretary under this this section.’’. criminal jurisdiction, the Secretary of State section shall be final and conclusive and shall SEC. 1202. REVISION OF DEPARTMENT OF STATE shall obtain the concurrence of the Attorney not be subject to judicial review. REWARDS PROGRAM. General. ‘‘(j) DEFINITIONS.—As used in this section: ‘‘(1) ACT OF INTERNATIONAL TERRORISM.—The Section 36 of the State Department Basic Au- ‘‘(d) FUNDING.— term ‘act of international terrorism’ includes— thorities Act of 1956 (22 U.S.C. 2708) is amended ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) any act substantially contributing to the to read as follows: Notwithstanding section 102 of the Foreign Re- acquisition of unsafeguarded special nuclear ‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PRO- lations Authorization Act, Fiscal Years 1986 and material (as defined in paragraph (8) of section GRAM. 1987 (Public Law 99–93; 99 Stat. 408), but subject 830 of the Nuclear Proliferation Prevention Act ‘‘(a) ESTABLISHMENT.— to paragraph (2), there are authorized to be ap- of 1994 (22 U.S.C. 3201 note)) or any nuclear ex- ‘‘(1) IN GENERAL.—There is established a pro- propriated to the Department of State from time gram for the payment of rewards to carry out plosive device (as defined in paragraph (4) of to time such amounts as may be necessary to that section) by an individual, group, or non- the purposes of this section. carry out this section. ‘‘(2) PURPOSE.—The rewards program shall be nuclear-weapon state (as defined in paragraph ‘‘(2) LIMITATION.—No amount of funds may be designed to assist in the prevention of acts of (5) of that section); and appropriated under paragraph (1) which, when international terrorism, international narcotics ‘‘(B) any act, as determined by the Secretary, added to the unobligated balance of amounts trafficking, and other related criminal acts. which materially supports the conduct of inter- previously appropriated to carry out this sec- ‘‘(3) IMPLEMENTATION.—The rewards program national terrorism, including the counterfeiting tion, would cause such amounts to exceed shall be administered by the Secretary of State, of United States currency or the illegal use of $15,000,000. in consultation, as appropriate, with the Attor- other monetary instruments by an individual, ‘‘(3) ALLOCATION OF FUNDS.—To the maximum ney General. group, or country supporting international ter- extent practicable, funds made available to ‘‘(b) REWARDS AUTHORIZED.—In the sole dis- rorism as determined for purposes of section cretion of the Secretary (except as provided in carry out this section should be distributed 6(j)(1)(A) of the Export Administration Act of subsection (c)(2)) and in consultation, as appro- equally for the purpose of preventing acts of 1979 (50 U.S.C. App. 2405(j)(1)(A)). priate, with the Attorney General, the Secretary international terrorism and for the purpose of ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- may pay a reward to any individual who fur- preventing international narcotics trafficking. TEES.—The term ‘appropriate congressional com- nishes information leading to— ‘‘(4) PERIOD OF AVAILABILITY.—Amounts ap- mittees’ means the Committee on International ‘‘(1) the arrest or conviction in any country of propriated under paragraph (1) shall remain Relations of the House of Representatives and any individual for the commission of an act of available until expended. the Committee on Foreign Relations of the Sen- international terrorism against a United States ‘‘(e) LIMITATIONS AND CERTIFICATION.— ate. person or United States property; ‘‘(1) MAXIMUM AMOUNT.—No reward paid ‘‘(3) MEMBER OF THE IMMEDIATE FAMILY.— ‘‘(2) the arrest or conviction in any country of under this section may exceed $2,000,000. The term ‘member of the immediate family’, with any individual conspiring or attempting to com- ‘‘(2) APPROVAL.—A reward under this section respect to an individual, includes— mit an act of international terrorism against a of more than $100,000 may not be made without ‘‘(A) a spouse, parent, brother, sister, or child United States person or United States property; the approval of the Secretary. of the individual; ‘‘(3) the arrest or conviction in any country of ‘‘(3) CERTIFICATION FOR PAYMENT.—Any re- ‘‘(B) a person with respect to whom the indi- any individual for committing, primarily outside ward granted under this section shall be ap- vidual stands in loco parentis; and ‘‘(C) any person not covered by subparagraph the territorial jurisdiction of the United States, proved and certified for payment by the Sec- (A) or (B) who is living in the individual’s any narcotics-related offense if that offense in- retary. ‘‘(4) NONDELEGATION OF AUTHORITY.—The au- household and is related to the individual by volves or is a significant part of conduct that in- blood or marriage. volves— thority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated. ‘‘(4) REWARDS PROGRAM.—The term ‘rewards ‘‘(A) a violation of United States narcotics program’ means the program established in sub- laws such that the individual would be a major ‘‘(5) PROTECTION MEASURES.—If the Secretary determines that the identity of the recipient of a section (a)(1). violator of such laws; ‘‘(5) UNITED STATES NARCOTICS LAWS.—The reward or of the members of the recipient’s im- ‘‘(B) the killing or kidnapping of— term ‘United States narcotics laws’ means the mediate family must be protected, the Secretary ‘‘(i) any officer, employee, or contract em- laws of the United States for the prevention and may take such measures in connection with the ployee of the United States Government while control of illicit trafficking in controlled sub- payment of the reward as he considers nec- such individual is engaged in official duties, or stances (as such term is defined in section 102(6) essary to effect such protection. on account of that individual’s official duties, of the Controlled Substances Act (21 U.S.C. ‘‘(f) INELIGIBILITY.—An officer or employee of in connection with the enforcement of United 802(6))). any entity of Federal, State, or local govern- States narcotics laws or the implementing of ‘‘(6) UNITED STATES PERSON.—The term United States narcotics control objectives; or ment or of a foreign government who, while in ‘United States person’ means— ‘‘(ii) a member of the immediate family of any the performance of his or her official duties, fur- ‘‘(A) a citizen or national of the United such individual on account of that individual’s nishes information described in subsection (b) States; and official duties, in connection with the enforce- shall not be eligible for a reward under this sec- ‘‘(B) an alien lawfully present in the United ment of United States narcotics laws or the im- tion. States.’’. plementing of United States narcotics control ‘‘(g) REPORTS.— SEC. 1203. RETENTION OF ADDITIONAL DEFENSE objectives; or ‘‘(1) REPORTS ON PAYMENT OF REWARDS.—Not TRADE CONTROLS REGISTRATION ‘‘(C) an attempt or conspiracy to commit any later than 30 days after the payment of any re- FEES. act described in subparagraph (A) or (B); ward under this section, the Secretary shall sub- Section 45(a) of the State Department Basic ‘‘(4) the arrest or conviction in any country of mit a report to the appropriate congressional Authorities Act of 1956 (22 U.S.C. 2717(a)) is any individual aiding or abetting in the commis- committees with respect to such reward. The re- amended— March 10, 1998 CONGRESSIONAL RECORD — HOUSE H969

(1) by striking ‘‘$700,000 of the’’ and inserting (3) TERMINATION OF PILOT PROGRAM.—Effec- vestigation other than matters exempt from dis- ‘‘all’’; tive October 1, 2002, section 701 of the Foreign closure under other provisions of law.’’. (2) at the end of paragraph (1), by striking Service Act of 1980 (22 U.S.C. 4021), as amended (b) NOTICE.—Section 209(e) of the Foreign ‘‘and’’; by this subsection, is further amended— Service Act of 1980 (22 U.S.C. 3929(e)) is amend- (3) in paragraph (2)— (A) by striking subsections (e) and (f); and ed by adding at the end the following new para- (A) by striking ‘‘functions’’ and inserting (B) by redesignating subsection (g) as para- graph: ‘‘functions, including compliance and enforce- graph (4) of subsection (d). ‘‘(3) The Inspector General shall ensure that ment activities,’’; and (b) FEES FOR USE OF NATIONAL FOREIGN AF- only officials from the Office of the Inspector (B) by striking the period at the end and in- FAIRS TRAINING CENTER.—Title I of the State General may participate in formal interviews or serting ‘‘; and’’; and Department Basic Authorities Act of 1956 (22 other formal meetings with the individual who (4) by adding at the end the following new U.S.C. 2651a et seq.) is amended by adding at is the subject of an investigation, other than an paragraph: the end the following new section: intelligence-related or sensitive undercover in- ‘‘(3) the enhancement of defense trade export vestigation, or except in those situations when compliance and enforcement activities, includ- ‘‘SEC. 53. FEES FOR USE OF THE NATIONAL FOR- EIGN AFFAIRS TRAINING CENTER. the Inspector General has a reasonable basis to ing compliance audits of United States and for- ‘‘The Secretary is authorized to charge a fee believe that such notice would cause tampering eign parties, the conduct of administrative pro- for use of the National Foreign Affairs Training with witnesses, destroying evidence, or endan- ceedings, monitoring of end-uses in cases of di- Center of the Department of State. Amounts col- gering the lives of individuals, unless that indi- rect commercial arms sales or other transfers, lected under this section (including reimburse- vidual receives prior adequate notice regarding and cooperation in proceedings for enforcement ments and surcharges) shall be deposited as an participation by officials of any other agency, of criminal laws related to defense trade export offsetting collection to any Department of State including the Department of Justice, in such controls.’’. appropriation to recover the costs of such use interviews or meetings.’’. SEC. 1204. FEES FOR COMMERCIAL SERVICES. and shall remain available for obligation until (c) REPORT.— Section 52(b) of the State Department Basic expended.’’. (1) IN GENERAL.—Not later than September 30, Authorities Act of 1956 (22 U.S.C. 2724(b)) is (c) REPORTING ON PILOT PROGRAM.—Two 1998, the Inspector General of the Department of amended by adding at the end the following: years after the date of enactment of this Act, State and the Foreign Service shall submit a re- ‘‘Funds deposited under this subsection shall re- the Secretary of State shall submit a report to port to the appropriate congressional committees main available for obligation through September the appropriate congressional committees con- which includes the following: 30 of the fiscal year following the fiscal year in taining— (A) Detailed descriptions of the internal guid- which the funds were deposited.’’. (1) the number of persons who have taken ad- ance developed or used by the Office of the In- SEC. 1205. PILOT PROGRAM FOR FOREIGN AF- vantage of the pilot program established under spector General with respect to public disclosure FAIRS REIMBURSEMENT. subsections (e) and (f) of section 701 of the For- of any information related to an ongoing inves- (a) FOREIGN AFFAIRS REIMBURSEMENT.— eign Service Act of 1980 and section 53 of the tigation of any officer or employee of the De- (1) IN GENERAL.—Section 701 of the Foreign State Department Basic Authorities Act of 1956, partment of State, the United States Informa- Service Act of 1980 (22 U.S.C. 4021) is amended— tion Agency, or the United States Arms Control (A) by redesignating subsection (d)(4) as sub- as added by this section; (2) the business or government affiliation of and Disarmament Agency. section (g); and (B) Detailed descriptions of those instances (B) by inserting after subsection (d) the fol- such persons; (3) the amount of fees collected; and for the year ending December 31, 1997, in which lowing new subsections: any disclosure of information to the public by ‘‘(e)(1) The Secretary may provide appropriate (4) the impact of the program on the primary an employee of the Office of Inspector General training or related services, except foreign lan- mission of the National Foreign Affairs Training about an ongoing investigation occurred, in- guage training, through the institution to any Center. cluding details on the recipient of the informa- United States person (or any employee or family SEC. 1206. FEE FOR USE OF DIPLOMATIC RECEP- tion, the date of the disclosure, and the internal member thereof) that is engaged in business TION ROOMS. clearance process for the disclosure. abroad. Title I of the State Department Basic Authori- (2) STATUTORY CONSTRUCTION.—Disclosure of ‘‘(2) The Secretary may provide job-related ties Act of 1956 (22 U.S.C. 2651a et seq.), as information to the public under this section training or related services, including foreign amended by this Act, is further amended by shall not be construed to include information language training, through the institution to a adding at the end the following new section: shared with Congress by an employee of the Of- United States person under contract to provide ‘‘SEC. 54. FEE FOR USE OF DIPLOMATIC RECEP- fice of the Inspector General. services to the United States Government or to TION ROOMS. any employee thereof that is performing such ‘‘The Secretary is authorized to charge a fee SEC. 1209. CAPITAL INVESTMENT FUND. services. for use of the diplomatic reception rooms of the Section 135 of the Foreign Relations Author- ‘‘(3) Training under this subsection may be Department of State. Amounts collected under ization Act, Fiscal Years 1994 and 1995 (22 provided only to the extent that space is avail- this section (including reimbursements and sur- U.S.C. 2684a) is amended— (1) in subsection (a), by inserting ‘‘and en- able and only on a reimbursable or advance-of- charges) shall be deposited as an offsetting col- hancement’’ after ‘‘procurement’’; funds basis. Reimbursements and advances shall lection to any Department of State appropria- (2) in subsection (c), by striking ‘‘are author- be credited to the currently available applicable tion to recover the costs of such use and shall ized to’’ and inserting ‘‘shall’’; appropriation account. remain available for obligation until ex- ‘‘(4) Training and related services under this (3) in subsection (d), by striking ‘‘for expendi- pended.’’. ture to procure capital equipment and informa- subsection is authorized only to the extent that SEC. 1207. ACCOUNTING OF COLLECTIONS IN it will not interfere with the institution’s pri- tion technology’’ and inserting ‘‘for purposes of BUDGET PRESENTATION DOCU- subsection (a)’’; and mary mission of training employees of the De- MENTS. partment and of other agencies in the field of (4) by amending subsection (e) to read as fol- Title I of the State Department Basic Authori- lows: foreign relations. ties Act of 1956 (22 U.S.C. 2651a et seq.), as ‘‘(5) In this subsection, the term ‘United ‘‘(e) REPROGRAMMING PROCEDURES.—Funds amended by this Act, is further amended by credited to the Capital Investment Fund shall States person’ means— adding at the end the following new section: ‘‘(A) any individual who is a citizen or na- not be available for obligation or expenditure tional of the United States; or ‘‘SEC. 55. ACCOUNTING OF COLLECTIONS IN except in compliance with the procedures appli- BUDGET PRESENTATION DOCU- cable to reprogramming notifications under sec- ‘‘(B) any corporation, company, partnership, MENTS. association, or other legal entity that is 50 per- tion 34 of the State Department Basic Authori- ‘‘The Secretary shall include in the annual ties Act of 1956 (22 U.S.C. 2706).’’. cent or more beneficially owned by citizens or Congressional Presentation Document and the SEC. 1210. CONTRACTING FOR LOCAL GUARDS nationals of the United States. Budget in Brief a detailed accounting of the– ‘‘(f)(1) The Secretary is authorized to provide, SERVICES OVERSEAS. total collections received by the Department of on a reimbursable basis, training programs to Section 136(c) of the Foreign Relations Au- State from all sources, including fee collections. Members of Congress or the Judiciary. thorization Act, Fiscal Years 1990 and 1991 (22 ‘‘(2) Employees of the legislative branch and Reporting on total collections shall also cover U.S.C. 4864(c)) is amended— employees of the judicial branch may partici- collections from the preceding fiscal year and (1) by amending paragraph (3) to read as fol- pate, on a reimbursable basis, in training pro- the projected expenditures from all collections lows: grams offered by the institution. accounts.’’. ‘‘(3) in evaluating proposals for such con- ‘‘(3) Reimbursements collected under this sub- SEC. 1208. OFFICE OF THE INSPECTOR GENERAL. tracts, award contracts to the technically ac- section shall be credited to the currently avail- (a) PROCEDURES.—Section 209(c) of the For- ceptable firm offering the lowest evaluated able applicable appropriation account. eign Service Act of 1980 (22 U.S.C. 3929(c)) is price, except that proposals of United States ‘‘(4) Training under this subsection is author- amended by adding at the end the following: persons and qualified United States joint ven- ized only to the extent that it will not interfere ‘‘(4) The Inspector General shall develop and ture persons (as defined in subsection (d)) shall with the institution’s primary mission of train- provide to employees— be evaluated by reducing the bid price by 10 per- ing employees of the Department and of other ‘‘(A) information detailing their rights to cent;’’; agencies in the field of foreign relations.’’. counsel; and (2) by inserting ‘‘and’’ at the end of para- (2) EFFECTIVE DATE.—The amendments made ‘‘(B) guidelines describing in general terms the graph (5); by paragraph (1) shall take effect on October 1, policies and procedures of the Office of Inspec- (3) by striking ‘‘; and’’ at the end of para- 1998. tor General with respect to individuals under in- graph (6) and inserting a period; and H970 CONGRESSIONAL RECORD — HOUSE March 10, 1998 (4) by striking paragraph (7). for the Department that support the goals and partment of State and other departments and SEC. 1211. AUTHORITY OF THE FOREIGN CLAIMS objectives of the National Drug Control Strat- agencies of the United States, including the De- SETTLEMENT COMMISSION. egy; partment of Justice, the chief of mission of every Section 4(a) of the International Claims Set- (B) develop specific and, to the maximum ex- diplomatic mission of the United States shall tlement Act of 1949 (22 U.S.C. 1623(a)) is amend- tent practicable, quantifiable measures of per- designate an officer or officers within the mis- ed— formance relating to the objectives, including sion to carry out the responsibility of the mis- (1) by redesignating paragraphs (1) and (2) as annual and long-term measures of performance, sion under paragraph (1), including the coordi- subparagraphs (A) and (B), respectively; for purposes of assessing the success of the De- nation of counterdrug, law enforcement, rule of (2) in the first sentence, by striking ‘‘(a) The’’ partment in meeting the objectives; law, and administration of justice programs, and all that follows through the period and in- (C) assign responsibilities for meeting the ob- policy, and assistance. Such officer or officers serting the following: jectives to appropriate elements of the Depart- shall report to the chief of mission, or the des- ‘‘(a)(1) The Commission shall have jurisdic- ment; ignee of the chief of mission, on a regular basis tion to receive, examine, adjudicate, and render (D) develop an operational structure within regarding activities undertaken in carrying out a final decision with respect to any claim of the the Department that minimizes impediments to such responsibility. Government of the United States or of any na- meeting the objectives; (B) REPORTS.—The chief of mission of every tional of the United States— (E) ensure that every United States ambas- diplomatic mission of the United States shall ‘‘(A) included within the terms of the Yugo- sador or chief of mission is fully briefed on the submit to the Secretary on a regular basis a re- slav Claims Agreement of 1948; strategy, and works to achieve the objectives; port on the actions undertaken by the mission to ‘‘(B) included within the terms of any claims and carry out such responsibility. agreement concluded on or after March 10, 1954, (F) ensure that— (3) REPORT TO CONGRESS.—Not later than 180 between the Government of the United States (i) all budgetary requests and transfers of days after the date of enactment of this Act, the and a foreign government (exclusive of govern- equipment (including the financing of foreign Secretary shall submit to the Committee on For- ments against which the United States declared military sales and the transfer of excess defense eign Relations of the Senate and the Committee the existence of a state of war during World articles) relating to international counterdrug on International Relations of the House of Rep- War II) similarly providing for the settlement efforts conforms with the objectives; and resentatives a report on the status of any pro- (ii) the recommendations of the Department and discharge of claims of the Government of posals for action or on action undertaken to im- regarding certification determinations made by the United States and of nationals of the United prove staffing and personnel management at the President on March 1 as to the counterdrug States against a foreign government, arising out diplomatic missions of the United States in order cooperation, or adequate steps on its own, of of the nationalization or other taking of prop- to carry out the responsibility set forth in para- each major illicit drug producing and drug traf- erty, by the agreement of the Government of the graph (1). ficking country to achieve full compliance with United States to accept from that government a SEC. 1215. ANNUAL REPORT ON OVERSEAS SUR- the goals and objectives established by the sum in en bloc settlement thereof; or PLUS PROPERTIES. United Nations Convention Against Illicit Traf- ‘‘(C) included in a category of claims against The Foreign Service Buildings Act, 1926 (22 fic in Narcotic Drugs and Psychotropic Sub- a foreign government which is referred to the U.S.C. 292 et seq.) is amended by adding at the stances also conform to meet such objectives. Commission by the Secretary of State.’’; and end the following new section: (3) REPORTS.—Not later than February 15 of (3) by redesignating the second sentence as ‘‘SEC. 12. Not later than March 1 of each year, each year subsequent to the submission of the paragraph (2). the Secretary of State shall submit to Congress strategy described in paragraph (1), the Sec- SEC. 1212. EXPENSES RELATING TO CERTAIN a report listing overseas United States surplus retary shall submit to Congress an update of the properties that are administered under this Act INTERNATIONAL CLAIMS AND PRO- strategy. The update shall include— CEEDINGS. and that have been identified for sale.’’. (A) an outline of the proposed activities with (a) RECOVERY OF CERTAIN EXPENSES.—The SEC. 1216. HUMAN RIGHTS REPORTS. respect to the strategy during the succeeding Department of State Appropriation Act of 1937 year, including the manner in which such ac- Section 116(d) of the Foreign Assistance Act of (22 U.S.C. 2661) is amended in the fifth undesig- tivities will meet the objectives set forth in para- 1961 (22 U.S.C. 2151n(d)) is amended— nated paragraph under the heading entitled graph (2); and (1) by striking ‘‘January 31’’ and inserting ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by in- (B) detailed information on how certification ‘‘February 25’’; serting ‘‘(including such expenses as salaries determinations described in paragraph (2)(F) (2) redesignating paragraphs (3), (4), and (5) and other personnel expenses)’’ after ‘‘extraor- made the previous year affected achievement of as paragraphs (4), (5), and (6), respectively; and dinary expenses’’. the objectives set forth in paragraph (2) for the (3) by inserting after paragraph (2) the follow- (b) PROCUREMENT OF SERVICES.—Section 38(c) previous calendar year. ing new paragraph: of the State Department Basic Authorities Act of ‘‘(3) the status of child labor practices in each (4) LIMITATION ON DELEGATION.—The Sec- 1956 (22 U.S.C. 2710(c)) is amended in the first retary shall designate an official in the Depart- country, including— sentence by inserting ‘‘personal and’’ before ment who reports directly to the Secretary to ‘‘(A) whether such country has adopted poli- ‘‘other support services’’. oversee the implementation of the strategy cies to protect children from exploitation in the SEC. 1213. GRANTS TO REMEDY INTERNATIONAL throughout the Department. workplace, including a prohibition of forced and bonded labor and policies regarding acceptable ABDUCTIONS OF CHILDREN. (b) INFORMATION ON INTERNATIONAL CRIMI- working conditions; and Section 7 of the International Child Abduction NALS.— ‘‘(B) the extent to which each country en- Remedies Act (42 U.S.C. 11606; Public Law 100– (1) INFORMATION SYSTEM.—The Secretary 300) is amended by adding at the end the follow- shall, in consultation with the heads of appro- forces such policies, including the adequacy of ing new subsection: priate United States law enforcement agencies, the resources and oversight dedicated to such ‘‘(e) GRANT AUTHORITY.—The United States including the Attorney General and the Sec- policies;’’. Central Authority is authorized to make grants retary of the Treasury, take appropriate actions SEC. 1217. REPORTS AND POLICY CONCERNING to, or enter into contracts or agreements with, to establish an information system or improve DIPLOMATIC IMMUNITY. any individual, corporation, other Federal, existing information systems containing com- Title I of the State Department Basic Authori- State, or local agency, or private entity or orga- prehensive information on serious crimes com- ties Act of 1956 (22 U.S.C. 2651a et seq.), as nization in the United States for purposes of ac- mitted by foreign nationals. The information amended by this Act, is further amended by complishing its responsibilities under the Con- system shall be available to United States em- adding at the end the following new section: vention and this Act.’’. bassies and missions abroad for use in consider- ‘‘SEC. 56. CRIMES COMMITTED BY DIPLOMATS. SEC. 1214. COUNTERDRUG AND ANTICRIME AC- ation of applications for visas for entry into the ‘‘(a) ANNUAL REPORT CONCERNING DIPLO- TIVITIES OF THE DEPARTMENT OF United States. MATIC IMMUNITY.— STATE. (2) REPORT.—Not later than 180 days after the ‘‘(1) REPORT TO CONGRESS.—180 days after the (a) COUNTERDRUG AND LAW ENFORCEMENT date of enactment of this Act, the Secretary date of enactment, and annually thereafter, the STRATEGY.— shall submit to the appropriate congressional Secretary of State shall prepare and submit to (1) REQUIREMENT.—Not later than 180 days committees a report on the actions taken under the Congress, a report concerning diplomatic im- after the date of enactment of this Act, the Sec- paragraph (1). munity entitled ‘‘Report on Cases Involving retary of State shall establish, implement, and (c) OVERSEAS COORDINATION OF COUNTERDRUG Diplomatic Immunity’’. submit to Congress a comprehensive, long-term AND ANTICRIME PROGRAMS, POLICY, AND ASSIST- ‘‘(2) CONTENT OF REPORT.—In addition to strategy to carry out the counterdrug respon- ANCE.— such other information as the Secretary of State sibilities of the Department of State in a manner (1) STRENGTHENING COORDINATION.—The re- may consider appropriate, the report under consistent with the National Drug Control sponsibilities of every diplomatic mission of the paragraph (1) shall include the following: Strategy. The strategy shall involve all elements United States shall include the strengthening of ‘‘(A) The number of persons residing in the of the Department in the United States and cooperation between and among the United United States who enjoy full immunity from the abroad. States and foreign governmental entities and criminal jurisdiction of the United States under (2) OBJECTIVES.—In establishing the strategy, multilateral entities with respect to activities re- laws extending diplomatic privileges and immu- the Secretary shall— lating to international narcotics and crime. nities. (A) coordinate with the Office of National (2) DESIGNATION OF OFFICERS.— ‘‘(B) Each case involving an alien described in Drug Control Policy in the development of clear, (A) IN GENERAL.—Consistent with existing subparagraph (A) in which an appropriate au- specific, and measurable counterdrug objectives memoranda of understanding between the De- thority of a State, a political subdivision of a March 10, 1998 CONGRESSIONAL RECORD — HOUSE H971 State, or the United States reported to the De- of telecommunications services, including sat- (1) in paragraph (2), by striking ‘‘providing partment of State that the authority had rea- ellite space segment, for the Department of State consular services’’ and inserting ‘‘the Depart- sonable cause to believe the alien committed a and each other Federal entity represented at ment of State’s border security program, includ- serious criminal offense within the United United States diplomatic missions and consular ing the costs of the installation and operation of States, and any additional information provided posts overseas; the machine readable visa and automated name- to the Secretary relating to other serious crimi- (2) make every effort to ensure and promote check process, improving the quality and secu- nal offenses that any such authority had rea- the participation in the competition for such rity of the United States passport, investigations sonable cause to believe the alien committed be- procurement of commercial private sector pro- of passport and visa fraud, and the techno- fore the period covered by the report. The Sec- viders of satellite space segment who have no logical infrastructure to support the programs retary may omit from such report any matter the ownership or other connection with an intergov- referred to in this sentence’’; provision of which the Secretary reasonably be- ernmental satellite organization; and (2) by striking the first sentence of paragraph lieves would compromise a criminal investiga- (3) implement the competitive procedures re- (3) and inserting ‘‘For each of the fiscal years tion or prosecution or which would directly quired by paragraphs (1) and (2) at the prime 1998 and 1999, any amount collected under para- compromise law enforcement or intelligence contracting level and, to the maximum extent graph (1) that exceeds $140,000,000 may be made sources or methods. practicable, the subcontracting level. available only if a notification is submitted to ‘‘(C) Each case described in subparagraph (B) SEC. 1219. REDUCTION OF REPORTING. Congress in accordance with the procedures ap- in which the Secretary of State has certified (a) REPEALS.—The following provisions of law plicable to reprogramming notifications under that a person enjoys full immunity from the are repealed: section 34 of the State Department Basic Au- criminal jurisdiction of the United States under (1) MODEL FOREIGN LANGUAGE COMPETENCE thorities Act of 1956.’’; and laws extending diplomatic privileges and immu- POSTS.—The second sentence of section 161(c) of (3) by striking paragraphs (4) and (5). nities. the Foreign Relations Authorization Act, Fiscal SEC. 1223. CONSULAR OFFICERS. ‘‘(D) The number of United States citizens Year 1990 and 1991 (22 U.S.C. 4171 note). (a) PERSONS AUTHORIZED TO ISSUE REPORTS who are residing in a receiving state and who (2) ACTIONS OF THE GOVERNMENT OF HAITI.— OF BIRTHS ABROAD.—Section 33 of the State De- enjoy full immunity from the criminal jurisdic- Section 705(c) of the International Security and partment Basic Authorities Act of 1956 (22 tion of such state under laws extending diplo- Development Cooperation Act of 1985 (Public U.S.C. 2705) is amended in paragraph (2) by matic privileges and immunities. Law 99–83). adding at the end the following: ‘‘For purposes ‘‘(E) Each case involving a United States citi- (3) TRAINING FACILITY FOR THE FOREIGN SERV- of this paragraph, the term ‘consular officer’ in- zen under subparagraph (D) in which the ICE INSTITUTE.—Section 123(e)(2) of the Foreign cludes any United States citizen employee of the United States has been requested by the govern- Relations Authorization Act, Fiscal Years 1986 Department of State who is designated by the ment of a receiving state to waive the immunity and 1987 (Public Law 99–93). Secretary of State to adjudicate nationality from criminal jurisdiction of the United States (4) MILITARY ASSISTANCE FOR HAITI.—Section abroad pursuant to such regulations as the Sec- citizen. 203(c) of the Special Foreign Assistance Act of retary may prescribe.’’. ‘‘(F) Whether the Secretary has made the no- 1986 (Public Law 99–529). (b) PROVISIONS APPLICABLE TO CONSULAR OF- tifications referred to in subsection (c) during (5) INTERNATIONAL SUGAR AGREEMENT, 1977.— FICERS.—Section 1689 of the Revised Statutes (22 the period covered by the report. Section 5 of the Act entitled ‘‘An Act providing U.S.C. 4191) is amended by inserting ‘‘and to ‘‘(3) SERIOUS CRIMINAL OFFENSE DEFINED.— for the implementation of the International such other United States citizen employees of For the purposes of this section, the term ‘seri- Sugar Agreement, 1977, and for other purposes’’ the Department of State as may be designated ous criminal offense’ means— by the Secretary of State pursuant to such regu- ‘‘(A) any felony under Federal, State, or local (Public Law 96–236; 7 U.S.C. 3605 and 3606). (6) AUDIENCE SURVEY OF WORLDNET PRO- lations as the Secretary may prescribe’’ after law; ‘‘(B) any Federal, State, or local offense pun- GRAM.—Section 209 (c) and (d) of the Foreign ‘‘such officers’’. (c) PERSONS AUTHORIZED TO AUTHENTICATE ishable by a term of imprisonment of more than Relations Authorization Act, Fiscal Years 1988 FOREIGN DOCUMENTS.— 1 year; and 1989 (Public Law 100–204). (1) DESIGNATED UNITED STATES CITIZENS PER- ‘‘(C) any crime of violence as defined for pur- (7) RESEARCH ON THE NEAR AND MIDDLE FORMING NOTARIAL ACTS.—Section 1750 of the poses of section 16 of title 18, United States EAST.—Section 228(b) of the Foreign Relations Revised Statutes, as amended (22 U.S.C. 4221) is Code; or Authorization Act, Fiscal Years 1992 and 1993 ‘‘(D)(i) driving under the influence of alcohol (Public Law 102–138; 22 U.S.C. 2452 note). further amended by inserting after the first sen- or drugs; (b) PROGRESS TOWARD REGIONAL NON- tence: ‘‘At any post, port, or place where there ‘‘(ii) reckless driving; or PROLIFERATION.—Section 620F(c) of the Foreign is no consular officer, the Secretary of State ‘‘(iii) driving while intoxicated. Assistance Act of 1961 (22 U.S.C. 2376(c); relat- may authorize any other officer or employee of ‘‘(b) UNITED STATES POLICY CONCERNING RE- ing to periodic reports on progress toward re- the United States Government who is a United FORM OF DIPLOMATIC IMMUNITY.—It is the sense gional nonproliferation) is amended by striking States citizen serving overseas, including any of the Congress that the Secretary of State ‘‘Not later than April 1, 1993 and every six contract employee of the United States Govern- should explore, in appropriate fora, whether months thereafter,’’ and inserting ‘‘Not later ment, to perform such acts, and any such con- states should enter into agreements and adopt than April 1 of each year,’’. tractor so authorized shall not be considered to legislation— (c) REPORT ON PARTICIPATION BY UNITED be a consular officer.’’. ‘‘(1) to provide jurisdiction in the sending STATES MILITARY PERSONNEL ABROAD IN (2) DEFINITION OF CONSULAR OFFICERS.—Sec- state to prosecute crimes committed in the re- UNITED STATES ELECTIONS.—Section 101(b)(6) of tion 3492(c) of title 18, United States Code, is ceiving state by persons entitled to immunity the Uniformed and Overseas Citizens Absentee amended by adding at the end the following: from criminal jurisdiction under laws extending Voting Act of 1986 (42 U.S.C. 1973ff(b)(6)) is ‘‘For purposes of this section and sections 3493 diplomatic privileges and immunities; and amended by striking ‘‘of voter participation’’ through 3496 of this title, the term ‘consular of- ‘‘(2) to provide that where there is probable and inserting ‘‘of uniformed services voter par- ficers’ includes any United States citizen who is cause to believe that an individual who is enti- ticipation, a general assessment of overseas non- designated to perform notarial functions pursu- tled to immunity from the criminal jurisdiction military participation,’’. ant to section 1750 of the Revised Statutes, as of the receiving state under laws extending dip- amended (22 U.S.C. 4221).’’. CHAPTER 2—CONSULAR AUTHORITIES OF lomatic privileges and immunities committed a (d) PERSONS AUTHORIZED TO ADMINISTER THE DEPARTMENT OF STATE serious crime, the sending state will waive such OATHS.—Section 115 of title 35, United States immunity or the sending state will prosecute SEC. 1221. USE OF CERTAIN PASSPORT PROCESS- Code, is amended by adding at the end the fol- such individual. ING FEES FOR ENHANCED PASSPORT lowing: ‘‘For purposes of this section, a con- SERVICES. ‘‘(c) NOTIFICATION OF DIPLOMATIC CORPS.— sular officer shall include any United States cit- The Secretary should periodically notify each For each of the fiscal years 1998 and 1999, of izen serving overseas, authorized to perform no- foreign mission of United States policies relating the fees collected for expedited passport process- tarial functions pursuant to section 1750 of the to criminal offenses committed by individuals ing and deposited to an offsetting collection Revised Statutes, as amended (22 U.S.C. 4221).’’. pursuant to title V of the Department of State with immunity from the criminal jurisdiction of (e) DEFINITION OF CONSULAR OFFICER.—Sec- the United States under laws extending diplo- and Related Agencies Appropriations Act for tion 101(a)(9) of the Immigration and National- matic privileges and immunities.’’. Fiscal Year 1995 (Public Law 103–317; 22 U.S.C. ity Act (8 U.S.C. 1101(a)(9)) is amended by— 214 note), 30 percent shall be available only for SEC. 1218. REAFFIRMING UNITED STATES INTER- (1) inserting ‘‘or employee’’ after ‘‘officer’’ the NATIONAL TELECOMMUNICATIONS enhancing passport services for United States second place it appears; and POLICY. citizens, improving the integrity and efficiency (2) inserting before the period at the end of (a) PROCUREMENT POLICY.—It is the policy of of the passport issuance process, improving the the sentence ‘‘or, when used in title III, for the the United States to foster and support procure- secure nature of the United States passport, in- purpose of adjudicating nationality’’. ment of goods and services from private, com- vestigating passport fraud, and deterring entry (f) TRAINING FOR EMPLOYEES PERFORMING mercial companies. into the United States by terrorists, drug traf- CONSULAR FUNCTIONS.—Section 704 of the For- (b) IMPLEMENTATION.—In order to achieve the fickers, or other criminals. eign Service Act of 1980 (22 U.S.C. 4024) is policy set forth in subsection (a), the Diplomatic SEC. 1222. SURCHARGE FOR PROCESSING CER- amended by adding at the end the following Telecommunications Service Program Office TAIN MACHINE READABLE VISAS. new subsection: (DTS-PO) shall— Section 140(a) of the Foreign Relations Au- ‘‘(d)(1) Before a United States citizen em- (1) utilize full and open competition, to the thorization Act, Fiscal Years 1994 and 1995 ployee (other than a diplomatic or consular offi- maximum extent practicable, in the procurement (Public Law 103–236) is amended— cer of the United States) may be designated by H972 CONGRESSIONAL RECORD — HOUSE March 10, 1998 the Secretary of State, pursuant to regulation, ‘‘(II) is known by the Secretary of State to be political murders or acts of violence described in to perform a consular function abroad, the intentionally providing material support or safe subsection (a). If the Secretary of State exempts United States citizen employee shall— haven to an alien described in clause (i), or such a person, the Secretary shall notify the ap- ‘‘(A) be required to complete successfully a ‘‘(III) is a spouse (other than the spouse who propriate congressional committees in writing. program of training essentially equivalent to the is the parent of the abducted child), child (other (c) REPORTING REQUIREMENT ON EXCLUSION training that a consular officer who is a member than the abducted child), parent, sibling, or OF CERTAIN HAITIAN ALIENS.— of the Foreign Service would receive for pur- agent of an alien described in clause (i), if such (1) PREPARATION OF LIST.—The United States poses of performing such function; and person has been designated by the Secretary of chief of mission in Haiti shall provide the Sec- ‘‘(B) be certified by an appropriate official of State at the Secretary’s sole and unreviewable retary of State a list of those who have been the Department of State to be qualified by discretion, is inadmissible until the child de- credibly alleged to have ordered or carried out knowledge and experience to perform such func- scribed in clause (i) is surrendered to the person the extrajudicial and political killings referred tion. granted custody by the order described in that to in paragraph (1) of subsection (a). ‘‘(2) As used in this subsection, the term ‘con- clause, and such person and child are permitted (2) SUBMISSION OF LIST TO CONGRESS.—Not sular function’ includes the issuance of visas, to return to the United States or such person’s later than 3 months after the date of enactment the performance of notarial and other legaliza- place of residence. of this Act, the Secretary of State shall submit tion functions, the adjudication of passport ap- ‘‘(iii) EXCEPTIONS.—Clauses (i) and (ii) shall the list provided under paragraph (1) to the ap- plications, the adjudication of nationality, and not apply— propriate congressional committees. the issuance of citizenship documentation.’’. ‘‘(I) to a government official of the United (3) LISTS OF VISA DENIALS AND EXCLUSIONS.— SEC. 1224. REPEAL OF OUTDATED CONSULAR RE- States who is acting within the scope of his or The Secretary of State shall submit to the Com- CEIPT REQUIREMENTS. her official duties; mittee on Foreign Relations and the Committee Sections 1726, 1727, and 1728 of the Revised ‘‘(II) to a government official of any foreign on the Judiciary of the Senate and the Commit- Statutes of the United States (22 U.S.C. 4212, government if the official has been designated tee on International Relations and the Commit- 4213, and 4214), as amended (relating to ac- by the Secretary of State at the Secretary’s sole tee on the Judiciary of the House of Representa- counting for consular fees) are repealed. and unreviewable discretion; or tives a list of aliens denied visas, and the Attor- SEC. 1225. ELIMINATION OF DUPLICATE FEDERAL ‘‘(III) so long as the child is located in a for- ney General shall submit to the appropriate con- REGISTER PUBLICATION FOR TRAV- eign state that is a party to the Convention on gressional committees a list of aliens refused EL ADVISORIES. the Civil Aspects of International Child Abduc- entry to the United States, as a result of sub- (a) FOREIGN AIRPORTS.—Section 44908(a) of tion, done at The Hague on October 25, 1980.’’. section (a). (b) EFFECTIVE DATE.—The amendment made title 49, United States Code, is amended— (4) DURATION FOR SUBMISSION OF LISTS.—The (1) by inserting ‘‘and’’ at the end of para- by subsection (a) shall apply to aliens seeking Secretary shall submit the list under paragraph graph (1); admission to the United States on or after the (3) not later than six months after the date of (2) by striking paragraph (2); and date of enactment of this Act. enactment of this Act and not later than March (3) by redesignating paragraph (3) as para- SEC. 1228. HAITI; EXCLUSION OF CERTAIN 1 of each year thereafter as long as the Govern- graph (2). ALIENS; REPORTING REQUIRE- ment of Haiti has not completed the investiga- (b) FOREIGN PORTS.—Section 908(a) of the MENTS. tion of the extrajudicial and political killings International Maritime and Port Security Act of (a) GROUNDS FOR EXCLUSION.—Except as pro- and has not prosecuted those implicated for the 1986 (46 U.S.C. App. 1804(a)) is amended by vided in subsection (c), a consular officer shall killings specified in paragraph (1) of subsection striking the second sentence, relating to Federal not issue a visa to, and the Attorney General (a). Register publication by the Secretary of State. shall exclude from the United States, any alien (d) REPORT ON THE COST OF UNITED STATES SEC. 1226. DENIAL OF VISAS TO CONFISCATORS who the Secretary of State, in the Secretary’s ACTIVITIES IN HAITI.—(1) Not later than Septem- OF AMERICAN PROPERTY. sole and unreviewable discretion, has reason to ber 1, 1998, and every 6 months thereafter, the (a) DENIAL OF VISAS.—Except as otherwise believe is a person who— President shall submit a report to Congress on provided in section 401 of the Cuban Liberty (1) has been credibly alleged to have ordered, the situation in Haiti, including— and Democratic Solidarity (LIBERTAD) Act of carried out, or materially assisted, in the (A) a listing of the units of the United States 1996 (Public Law 104–114), and subject to sub- extrajudicial and political killings of Antoine Armed Forces or Coast Guard and of the police section (b), the Secretary of State may deny the Izmery, Guy Malary, Father Jean-Marie Vin- and military units of other nations participating issuance of a visa to any alien who— cent, Pastor Antoine Leroy, Jacques Fleurival, in operations in and around Haiti; (1) through the abuse of position, including a Mireille Durocher Bertin, Eugene Baillergeau, (B) incidents of the use of force in Haiti in- governmental or political party position, con- Michelange Hermann, Max Mayard, Romulus volving hostile acts against United States Armed verts or has converted for personal gain real Dumarsais, Claude Yves Marie, Mario Forces or Coast Guard personnel during the pe- property that has been confiscated or expropri- Beaubrun, Leslie Grimar, Joseph Chilove, riod covered by the report; ated, a claim to which is owned by a national Michel Gonzalez, and Jean-Hubert Feuille; (C) the estimated cumulative program costs of of the United States, or who is complicit in such (2) was included in the list presented to former all United States activities in Haiti during the a conversion; or president Jean-Bertrand Aristide by former Na- period covered by the report, including— (2) induces any of the actions or omissions de- tional Security Council Advisor Anthony Lake (i) the incremental cost of deployments of scribed in paragraph (1) by any person. in December 1995, and acted upon by President United States Armed Forces and Coast Guard (b) EXCEPTIONS.—Subsection (a) shall not Rene Preval; apply to— (3) was sought for an interview by the Federal personnel training, exercises, mobilization, and (1) any country established by international Bureau of Investigation as part of its inquiry preparation activities, including the United mandate through the United Nations; or into the March 28, 1995, murder of Mireille States contribution to the training and trans- (2) any territory recognized by the United Durocher Bertin and Eugene Baillergeau, Jr., portation of police and military units of other States Government to be in dispute. and was credibly alleged to have ordered, car- nations of any multilateral force involved in ac- (c) REPORTING REQUIREMENT.—Not later than ried out, or materially assisted, in those mur- tivities in Haiti; 6 months after the date of enactment of this Act, ders, per a June 28, 1995, letter to the then Min- (ii) the costs of all other activities relating to and every 12 months thereafter, the Secretary of ister of Justice of the Government of Haiti, Jean- United States policy toward Haiti, including hu- State shall submit to the Speaker of the House Joseph Exume; manitarian assistance, reconstruction assist- of Representatives and to the chairman of the (4)(A) was a member of the Haitian High Com- ance, assistance under part I of the Foreign As- Committee on Foreign Relations of the Senate a mand during the period 1991–1994, who has been sistance Act of 1961, and other financial assist- report, including— credibly alleged to have planned, ordered, or ance, and all other costs to the United States (1) a list of aliens who have been denied a visa participated with members of the Haitian Armed Government; and under this subsection; and Forces in the September 1991 coup against the (D) a detailed accounting of the source of (2) a list of aliens who could have been denied duly elected Government of Haiti or the subse- funds obligated or expended to meet the costs a visa under subsection (a) but were issued a quent murders of as many as three thousand described in paragraph (3), including— visa and an explanation as to why each such Haitians during that period; or (i) in the case of amounts expended out of visa was issued. (B) is an immediate relative of an individual funds available to the Department of Defense SEC. 1227. INADMISSIBILITY OF ANY ALIEN SUP- described in subparagraph (A); or budget, by military service or defense agency, PORTING AN INTERNATIONAL CHILD (5) has been credibly alleged to have been a line item, and program; and ABDUCTOR. member of the paramilitary organization known (ii) in the case of amounts expended out of (a) AMENDMENT OF IMMIGRATION AND NATION- as FRAPH who planned, ordered, or partici- funds available to departments and agencies ALITY ACT.—Section 212(a)(10)(C) of the Immi- pated in acts of violence against the Haitian other than the Department of Defense, by de- gration and Nationality Act (8 U.S.C. people. partment or agency and program. 1182(a)(10)(C)) is amended by striking clause (ii) (b) EXEMPTION.—Subsection (a) shall not (2) DEFINITION.—In this section, the term ‘‘pe- and inserting the following: apply where the Secretary of State finds, on a riod covered by the report’’ means the 6-month ‘‘(ii) ALIENS SUPPORTING ABDUCTORS AND REL- case by case basis, that the entry into the period prior to the date the report is required to ATIVES OF ABDUCTORS.—Any alien who— United States of the person who would other- be submitted, except that, in the case of the ini- ‘‘(I) is known by the Secretary of State to wise be excluded under subsection (a) is nec- tial report, the term means the period since the have intentionally assisted an alien in the con- essary for medical reasons, or such person has date of enactment of the Foreign Relations Au- duct described in clause (i), cooperated fully with the investigation of the thorization Act, Fiscal Years 1998 and 1999. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H973 CHAPTER 3—REFUGEES AND MIGRATION to a country in which there are substantial SEC. 1244. ELIGIBILITY FOR REFUGEE STATUS. Subchapter A—Authorization of grounds for believing the person would be in Section 584 of the Foreign Operations, Export Appropriations danger of being subjected to torture, regardless Financing, and Related Programs Appropria- of whether the person is physically present in tions Act, 1997 (Public Law 104–208; 110 Stat. SEC. 1231. MIGRATION AND REFUGEE ASSIST- 3009–171) is amended— ANCE. the United States. (b) REGULATIONS.—Not later than 120 days (1) in subsection (a)— (a) MIGRATION AND REFUGEE ASSISTANCE.— after the date of enactment of this Act, the (A) by striking ‘‘For purposes’’ and inserting (1) AUTHORIZATION OF APPROPRIATIONS.— heads of the appropriate agencies shall prescribe ‘‘Notwithstanding any other provision of law, There are authorized to be appropriated for regulations to implement the obligations of the for purposes’’; and ‘‘Migration and Refugee Assistance’’ for author- United States under Article 3 of the United Na- (B) by striking ‘‘fiscal year 1997’’ and insert- ized activities, $650,000,000 for the fiscal year tions Convention Against Torture and Other ing ‘‘fiscal years 1997 and 1998’’; and 1998 and $704,500,000 for the fiscal year 1999. Forms of Cruel, Inhuman or Degrading Treat- (2) by amending subsection (b) to read as fol- (2) LIMITATIONS.— ment or Punishment, subject to any reserva- lows: (A) LIMITATION REGARDING TIBETAN REFUGEES tions, understandings, declarations, and provi- ‘‘(b) ALIENS COVERED.— IN INDIA AND NEPAL.—Of the amounts author- ‘‘(1) IN GENERAL.— An alien described in this sos contained in the United States Senate reso- ized to be appropriated in paragraph (1), not lution of ratification of the Convention. subsection is an alien who— ‘‘(A) is the son or daughter of a qualified na- more than $2,000,000 for the fiscal year 1998 and (c) EXCLUSION OF CERTAIN ALIENS.—To the $2,000,000 for the fiscal year 1999 are authorized maximum extent consistent with the obligations tional; ‘‘(B) is 21 years of age or older; and to be available only for humanitarian assist- of the United States under the Convention, sub- ‘‘(C) was unmarried as of the date of accept- ance, including food, medicine, clothing, and ject to any reservations, understandings, dec- ance of the alien’s parent for resettlement under medical and vocational training, to Tibetan ref- larations, and provisos contained in the United the Orderly Departure Program. ugees in India and Nepal who have fled Chi- States Senate resolution of ratification of the ‘‘(2) QUALIFIED NATIONAL.—For purposes of nese-occupied Tibet. Convention, the regulations described in sub- (B) REFUGEES RESETTLING IN ISRAEL.—Of the paragraph (1), the term ‘qualified national’ section (b) shall exclude from the protection of means a national of Vietnam who— amounts authorized to be appropriated in para- such regulations aliens described in section graph (1), $80,000,000 for the fiscal year 1998 and ‘‘(A)(i) was formerly interned in a reeducation 241(b)(3)(B) of the Immigration and Nationality camp in Vietnam by the Government of the So- $80,000,000 for the fiscal year 1999 are author- Act (8 U.S.C. 1231(b)(3)(B)). ized to be available for assistance for refugees cialist Republic of Vietnam; or (d) REVIEW AND CONSTRUCTION.—Notwith- ‘‘(ii) is the widow or widower of an individual resettling in Israel from other countries. standing any other provision of law, and except described in clause (i); and (C) HUMANITARIAN ASSISTANCE FOR DISPLACED as provided in the regulations described in sub- ‘‘(B)(i) qualified for refugee processing under BURMESE.—Of the amounts authorized to be ap- section (b), no court shall have jurisdiction to the reeducation camp internees subprogram of propriated in paragraph (1), $1,500,000 for the review the regulations adopted to implement this the Orderly Departure Program; and fiscal year 1998 and $1,500,000 for the fiscal year section, and nothing in this section shall be con- ‘‘(ii) on or after April 1, 1995, is or has been 1999 for humanitarian assistance are authorized strued as providing any court jurisdiction to accepted— to be available, including food, medicine, cloth- consider or review claims raised under the Con- ‘‘(I) for resettlement as a refugee; or ing, and medical and vocational training, to vention or this section, or any other determina- ‘‘(II) for admission as an immigrant under the persons displaced as a result of civil conflict in tion made with respect to the application of the Orderly Departure Program.’’. Burma, including persons still within Burma. policy set forth in subsection (a), except as part SEC. 1245. REPORTS TO CONGRESS CONCERNING (b) AVAILABILITY OF FUNDS.—Funds appro- of the review of a final order of removal pursu- CUBAN EMIGRATION POLICIES. priated pursuant to this section are authorized ant to section 242 of the Immigration and Na- Beginning not later than 6 months after the to remain available until expended. tionality Act (8 U.S.C. 1252). date of enactment of this Act, and every 6 Subchapter B—Authorities (e) AUTHORITY TO DETAIN.—Nothing in this months thereafter, the Secretary of State shall section shall be construed as limiting the au- supplement the monthly report to Congress enti- SEC. 1241. UNITED STATES POLICY REGARDING thority of the Attorney General to detain any THE INVOLUNTARY RETURN OF REF- tled ‘‘Update on Monitoring of Cuban Migrant UGEES. person under any provision of law, including, Returnees’’ with additional information con- (a) IN GENERAL.—None of the funds made but not limited to, any provision of the Immigra- cerning the methods employed by the Govern- available by this division shall be available to tion and Nationality Act. ment of Cuba to enforce the United States-Cuba (f) DEFINITIONS.— effect the involuntary return by the United agreement of September 1994 and the treatment (1) CONVENTION DEFINED.—In this section, the States of any person to a country in which the by the Government of Cuba of persons who have term ‘‘Convention’’ means the United Nations person has a well-founded fear of persecution returned to Cuba pursuant to the United States- Convention Against Torture and Other Forms of on account of race, religion, nationality, mem- Cuba agreement of May 1995. Cruel, Inhuman or Degrading Treatment or bership in a particular social group, or political Punishment, done at New York on December 10, TITLE XIII—ORGANIZATION OF THE DE- opinion, except on grounds recognized as pre- 1984. PARTMENT OF STATE; DEPARTMENT OF cluding protection as a refugee under the (2) SAME TERMS AS IN THE CONVENTION.—Ex- STATE PERSONNEL; THE FOREIGN SERV- United Nations Convention Relating to the Sta- cept as otherwise provided, the terms used in ICE tus of Refugees of July 28, 1951, and the Proto- this section have the meanings given those terms CHAPTER 1—ORGANIZATION OF THE col Relating to the Status of Refugees of Janu- in the Convention, subject to any reservations, DEPARTMENT OF STATE ary 31, 1967, subject to the reservations con- understandings, declarations, and provisos con- SEC. 1301. COORDINATOR FOR tained in the United States Senate Resolution of tained in the United States Senate resolution of COUNTERTERRORISM. Ratification. ratification of the Convention. (a) ESTABLISHMENT.—Section 1 of the State (b) MIGRATION AND REFUGEE ASSISTANCE.— SEC. 1243. REPROGRAMMING OF MIGRATION AND Department Basic Authorities Act of 1956 (22 None of the funds made available by section REFUGEE ASSISTANCE FUNDS. U.S.C. 2651a) is amended by adding at the end 1231 of this Act or by section 2(c) of the Migra- Section 34 of the State Department Basic Au- the following new subsection: tion and Refugee Assistance Act of 1962 (22 thorities Act of 1956 (22 U.S.C. 2706) is amend- ‘‘(f) COORDINATOR FOR COUNTERTERRORISM.— U.S.C. 2601(c)) shall be available to effect the ed— ‘‘(1) IN GENERAL.—There is within the office of involuntary return of any person to any coun- (1) in subsection (a)— the Secretary of State a Coordinator for try unless the Secretary of State first notifies (A) by striking ‘‘Foreign Affairs’’ and insert- Counterterrorism (in this paragraph referred to the appropriate congressional committees, except ing ‘‘International Relations and the Committee as the ‘Coordinator’) who shall be appointed by that in the case of an emergency involving a on Appropriations’’; and the President, by and with the advice and con- threat to human life the Secretary of State shall (B) by inserting ‘‘and the Committee on Ap- sent of the Senate. notify the appropriate congressional committees propriations’’ after ‘‘Foreign Relations’’; and ‘‘(2) DUTIES.— as soon as practicable. (2) by adding at the end the following new ‘‘(A) IN GENERAL.—The Coordinator shall per- (c) INVOLUNTARY RETURN DEFINED.—As used subsection: form such duties and exercise such powers as in this section, the term ‘‘to effect the involun- ‘‘(c) The Secretary of State may waive the no- the Secretary of State shall prescribe. tary return’’ means to require, by means of tification requirement of subsection (a), if the ‘‘(B) DUTIES DESCRIBED.—The principal duty physical force or circumstances amounting to a Secretary determines that failure to do so would of the Coordinator shall be the overall super- threat thereof, a person to return to a country pose a substantial risk to human health or wel- vision (including policy oversight of resources) against the person’s will, regardless of whether fare. In the case of any waiver under this sub- of international counterterrorism activities. The the person is physically present in the United section, notification to the Committee on For- Coordinator shall be the principal adviser to the States and regardless of whether the United eign Relations and the Committee on Appropria- Secretary of State on international States acts directly or through an agent. tions of the Senate and the Committee on Inter- counterterrorism matters. The Coordinator shall SEC. 1242. UNITED STATES POLICY WITH RE- national Relations and the Committee on Appro- be the principal counterterrorism official within SPECT TO THE INVOLUNTARY RE- priations of the House of Representatives shall the senior management of the Department of TURN OF PERSONS IN DANGER OF be provided as soon as practicable, but not later State and shall report directly to the Secretary SUBJECTION TO TORTURE. than 3 days after taking the action to which the of State. (a) POLICY.—It shall be the policy of the notification requirement was applicable, and ‘‘(3) RANK AND STATUS OF AMBASSADOR.—The United States not to expel, extradite, or other- shall contain an explanation of the emergency Coordinator shall have the rank and status of wise effect the involuntary return of any person circumstances.’’. Ambassador at Large.’’. H974 CONGRESSIONAL RECORD — HOUSE March 10, 1998

(b) TECHNICAL AND CONFORMING AMEND- (b) ASSISTANT SECRETARIES OF STATE.—Sec- (C) by striking ‘‘Service shall’’ and inserting MENTS.—Section 161 of the Foreign Relations tion 1(c) of the State Department Basic Authori- ‘‘Service, shall’’; and Authorization Act, Fiscal Years 1994 and 1995 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended (2) in paragraph (3), by striking ‘‘or 610’’ and (Public Law 103–236) is amended by striking by this Act, is further amended by adding at the inserting ‘‘610, or 611’’. subsection (e). end the following new paragraph: (c) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in para- SEC. 1302. ELIMINATION OF DEPUTY ASSISTANT ‘‘(3) NOMINATION OF ASSISTANT SECRETAR- SECRETARY OF STATE FOR IES.—Whenever the President submits to the graph (2), the amendments made by this section BURDENSHARING. Senate a nomination of an individual for ap- shall take effect on the date of the enactment of Section 161 of the Foreign Relations Author- pointment to a position in the Department of this Act. ization Act, Fiscal Years 1994 and 1995 (22 State that is described in paragraph (1), the (2) EXCEPTIONS.—The amendments made by U.S.C. 2651a note) is amended by striking sub- President shall designate the regional or func- paragraphs (2) and (3) of subsection (a) and section (f). tional bureau or bureaus of the Department of paragraphs (1)(A) and (2) of subsection (b) shall apply with respect to any actions taken under SEC. 1303. PERSONNEL MANAGEMENT. State with respect to which the individual shall section 611 of the Foreign Service Act of 1980 on Section 1 of the State Department Basic Au- have responsibility.’’. or after January 1, 1996. thorities Act of 1956 (22 U.S.C. 2651a), as amend- CHAPTER 2—PERSONNEL OF THE DEPART- ed by this Act, is further amended by adding at MENT OF STATE; THE FOREIGN SERVICE SEC. 1313. AUTHORITY OF SECRETARY TO SEPA- RATE CONVICTED FELONS FROM the end the following new subsection: SEC. 1311. FOREIGN SERVICE REFORM. THE FOREIGN SERVICE. ‘‘(g) QUALIFICATIONS OF OFFICER HAVING PRI- (a) PERFORMANCE PAY.—Section 405 of the Section 610(a)(2) of the Foreign Service Act of MARY RESPONSIBILITY FOR PERSONNEL MANAGE- Foreign Service Act of 1980 (22 U.S.C. 3965) is 1980 (22 U.S.C. 4010(a)(2)) is amended in the first MENT.—The officer of the Department of State amended— sentence by striking ‘‘A member’’ and inserting with primary responsibility for assisting the Sec- (1) in subsection (a), by striking ‘‘Members’’ ‘‘Except in the case of an individual who has retary of State with respect to matters relating and inserting ‘‘Subject to subsection (e), mem- been convicted of a crime for which a sentence to personnel in the Department of State, or that bers’’; and of imprisonment of more than 1 year may be im- officer’s principal deputy, shall have substantial (2) by adding at the end the following new posed, a member’’. professional qualifications in the field of human subsection: SEC. 1314. CAREER COUNSELING. ‘‘(e) Notwithstanding any other provision of resource policy and management.’’. (a) IN GENERAL.—Section 706(a) of the Foreign SEC. 1304. DIPLOMATIC SECURITY. law, the Secretary of State may provide for rec- Service Act of 1980 (22 U.S.C. 4026(a)) is amend- Section 1 of the State Department Basic Au- ognition of the meritorious or distinguished ed by adding at the end the following new sen- thorities Act of 1956 (22 U.S.C. 2651a), as amend- service of any member of the Foreign Service de- tence: ‘‘Career counseling and related services ed by this Act, is further amended by adding at scribed in subsection (a) (including any member provided pursuant to this Act shall not be con- the end the following new subsection: of the Senior Foreign Service) by means other strued to permit an assignment that consists pri- ‘‘(h) QUALIFICATIONS OF OFFICER HAVING PRI- than an award of performance pay in lieu of marily of paid time to conduct a job search and MARY RESPONSIBILITY FOR DIPLOMATIC SECU- making such an award under this section.’’. without other substantive duties for more than (b) EXPEDITED SEPARATION OUT.— RITY.—The officer of the Department of State one month.’’. (1) SEPARATION OF LOWEST RANKED FOREIGN with primary responsibility for assisting the Sec- (b) EFFECTIVE DATE.—The amendment made SERVICE MEMBERS.—Not later than 90 days after retary of State with respect to diplomatic secu- by subsection (a) shall be effective 180 days after the date of enactment of this Act, the Secretary rity, or that officer’s principal deputy, shall the date of the enactment of this Act. have substantial professional qualifications in of State shall develop and implement procedures to identify, and recommend for separation, any SEC. 1315. LIMITATIONS ON MANAGEMENT AS- the fields of (1) management, and (2) Federal SIGNMENTS. law enforcement, intelligence, or security.’’. member of the Foreign Service ranked by pro- Section 1017(e)(2) of the Foreign Service Act of motion boards of the Department of State in the 1980 (22 U.S.C. 4117(e)(2)) is amended to read as SEC. 1305. NUMBER OF SENIOR OFFICIAL POSI- bottom 5 percent of his or her class for 2 or more TIONS AUTHORIZED FOR THE DE- follows: PARTMENT OF STATE. of the 5 years preceding the date of enactment ‘‘(2) For the purposes of paragraph (1)(A)(ii) of this Act (in this subsection referred to as the (a) UNDER SECRETARIES.— and paragraph (1)(B), the term ‘management of- (1) IN GENERAL.—Section 1(b) of the State De- ‘‘years of lowest ranking’’) if the rating official ficial’ does not include— partment Basic Authorities Act of 1956 (22 for such member was not the same individual for ‘‘(A) any chief of mission; U.S.C. 2651a(b)) is amended by striking ‘‘5’’ and any two of the years of lowest ranking. ‘‘(B) any principal officer or deputy principal inserting ‘‘6’’. (2) SPECIAL INTERNAL REVIEWS.—In any case officer; where the member was evaluated by the same (2) CONFORMING AMENDMENT TO TITLE 5.—Sec- ‘‘(C) any administrative or personnel officer tion 5314 of title 5, United States Code, is rating official in any 2 of the years of lowest abroad; or amended by striking ‘‘Under Secretaries of State ranking, an internal review of the member’s file ‘‘(D) any individual described in section (5)’’ and inserting ‘‘Under Secretaries of State shall be conducted to determine whether the 1002(12) (B), (C), or (D) who is not involved in (6)’’. member should be considered for action leading the administration of this chapter or in the for- to separation. (b) ASSISTANT SECRETARIES.— mulation of the personnel policies and programs (3) PROCEDURES.—The Secretary of State shall (1) IN GENERAL.—Section 1(c)(1) of the State of the Department.’’. develop procedures for the internal reviews re- Department Basic Authorities Act of 1956 (22 SEC. 1316. AVAILABILITY PAY FOR CERTAIN quired under paragraph (2). U.S.C. 2651a(c)(1)) is amended by striking ‘‘20’’ CRIMINAL INVESTIGATORS WITHIN and inserting ‘‘24’’. SEC. 1312. RETIREMENT BENEFITS FOR INVOLUN- THE DIPLOMATIC SECURITY SERV- TARY SEPARATION. ICE. (2) CONFORMING AMENDMENT TO TITLE 5.—Sec- (a) BENEFITS.—Section 609 of the Foreign (a) IN GENERAL.—Section 5545a of title 5, tion 5315 of title 5, United States Code, is Service Act of 1980 (22 U.S.C. 4009) is amended— United States Code, is amended by adding at the amended by striking ‘‘Assistant Secretaries of (1) in subsection (a)(2)(A), by inserting ‘‘or end the following: State (20)’’ and inserting ‘‘Assistant Secretaries any other applicable provision of chapter 84 of ‘‘(k)(1) For purposes of this section, the term of State (24)’’. title 5, United States Code,’’ after ‘‘section 811’’; ‘criminal investigator’ includes a special agent (c) DEPUTY ASSISTANT SECRETARIES.—Section (2) in subsection (a), by inserting ‘‘or section occupying a position under title II of Public 1 of the State Department Basic Authorities Act 855, as appropriate’’ after ‘‘section 806’’; and Law 99–399 if such special agent— of 1956 (22 U.S.C. 2651a), as amended by this (3) in subsection (b)(2)— ‘‘(A) meets the definition of such term under Act, is further amended— (A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A) for paragraph (2) of subsection (a) (applied dis- (1) by striking subsection (d); and those participants in the Foreign Service Retire- regarding the parenthetical matter before sub- (2) by redesignating subsections (e), (f), (g), ment and Disability System,’’; and paragraph (A) thereof); and and (h) as subsections (d), (e), (f), and (g), re- (B) by inserting before the period at the end ‘‘(B) such special agent satisfies the require- spectively. ‘‘; and (B) for those participants in the Foreign ments of subsection (d) without taking into ac- SEC. 1306. NOMINATION OF UNDER SECRETARIES Service Pension System, benefits as provided in count any hours described in paragraph (2)(B) AND ASSISTANT SECRETARIES OF section 851’’; and thereof. STATE. (4) in subsection (b) in the matter following ‘‘(2) In applying subsection (h) with respect to (a) UNDER SECRETARIES OF STATE.—Section paragraph (2), by inserting ‘‘(for participants in a special agent under this subsection— 1(b) of the State Department Basic Authorities the Foreign Service Retirement and Disability ‘‘(A) any reference in such subsection to ‘basic Act of 1956 (22 U.S.C. 2651a(c)), as amended by System) or age 62 (for participants in the For- pay’ shall be considered to include amounts des- this Act, is further amended by adding at the eign Service Pension System)’’ after ‘‘age 60’’. ignated as ‘salary’; end the following new paragraph: (b) ENTITLEMENT TO ANNUITY.—Section 855(b) ‘‘(B) paragraph (2)(A) of such subsection shall ‘‘(4) NOMINATION OF UNDER SECRETARIES.— of the Foreign Service Act of 1980 (22 U.S.C. be considered to include (in addition to the pro- Whenever the President submits to the Senate a 4071d(b)) is amended— visions of law specified therein) sections nomination of an individual for appointment to (1) in paragraph (1)— 609(b)(1), 805, 806, and 856 of the Foreign Service a position in the Department of State that is de- (A) by inserting ‘‘611,’’ after ‘‘608,’’; Act of 1980; and scribed in paragraph (1), the President shall (B) by inserting ‘‘or for participants in the ‘‘(C) paragraph (2)(B) of such subsection shall designate the particular Under Secretary posi- Foreign Service Pension System,’’ after ‘‘for be applied by substituting for ‘Office of Person- tion in the Department of State that the individ- participants in the Foreign Service Retirement nel Management’ the following: ‘Office of Per- ual shall have.’’. and Disability System’’; and sonnel Management or the Secretary of State (to March 10, 1998 CONGRESSIONAL RECORD — HOUSE H975 the extent that matters exclusively within the TITLE XIV—UNITED STATES INFORMA- not decline in proportion to the amounts made jurisdiction of the Secretary are concerned)’.’’. TIONAL, EDUCATIONAL, AND CULTURAL available for broadcasting to other nations. (b) IMPLEMENTATION.—Not later than the date PROGRAMS (5) RADIO CONSTRUCTION.—For ‘‘Radio Con- on which the amendments made by this section CHAPTER 1—AUTHORIZATION OF struction’’, $40,000,000 for the fiscal year 1998, take effect, each special agent of the Diplomatic APPROPRIATIONS and $25,308,000 for the fiscal year 1999. Security Service who satisfies the requirements (6) RADIO FREE ASIA.—For ‘‘Radio Free Asia’’, SEC. 1401. INTERNATIONAL INFORMATION AC- $22,000,000 for the fiscal year 1998 and of subsection (k)(1) of section 5545a of title 5, TIVITIES AND EDUCATIONAL AND United States Code, as amended by this section, CULTURAL EXCHANGE PROGRAMS. $22,000,000 for the fiscal year 1999, and an addi- and the appropriate supervisory officer, to be The following amounts are authorized to be tional $8,000,000 in fiscal year 1998 for one-time designated by the Secretary of State, shall make appropriated to carry out international infor- capital costs. (7) BROADCASTING TO CUBA.—For ‘‘Broadcast- an initial certification to the Secretary of State mation activities and educational and cultural ing to Cuba’’, $22,095,000 for the fiscal year 1998 that the special agent is expected to meet the re- exchange programs under the United States In- and $22,704,000 for the fiscal year 1999. quirements of subsection (d) of such section formation and Educational Exchange Act of (8) CENTER FOR CULTURAL AND TECHNICAL 5545a. The Secretary of State may prescribe pro- 1948, the Mutual Educational and Cultural Ex- INTERCHANGE BETWEEN EAST AND WEST.—For the cedures necessary to administer this subsection. change Act of 1961, Reorganization Plan Num- ‘‘Center for Cultural and Technical Interchange (c) TECHNICAL AND CONFORMING AMEND- ber 2 of 1977, the United States International between East and West’’, not more than MENTS.—(1) Paragraph (2) of section 5545a(a) of Broadcasting Act of 1994, the Radio Broadcast- $12,000,000 for the fiscal year 1998 and not more title 5, United States Code, is amended (in the ing to Cuba Act, the Television Broadcasting to than $10,000,000 for the fiscal year 1999. matter before subparagraph (A)) by striking Cuba Act, the Board for International Broad- (9) NATIONAL ENDOWMENT FOR DEMOCRACY.— ‘‘Public Law 99–399)’’ and inserting ‘‘Public casting Act, the North/South Center Act of 1991, Law 99–399, subject to subsection (k))’’. For the ‘‘National Endowment for Democracy’’, and the National Endowment for Democracy $30,000,000 for the fiscal year 1998 and (2) Section 5542(e) of such title is amended by Act, and to carry out other authorities in law striking ‘‘title 18, United States Code,’’ and in- $30,000,000 for the fiscal year 1999. consistent with such purposes: (10) CENTER FOR CULTURAL AND TECHNICAL serting ‘‘title 18 or section 37(a)(3) of the State (1) SALARIES AND EXPENSES.—For ‘‘Salaries INTERCHANGE BETWEEN NORTH AND SOUTH.—For Department Basic Authorities Act of 1956,’’. and Expenses’’, $431,000,000 for the fiscal year ‘‘Center for Cultural and Technical Interchange (d) EFFECTIVE DATE.—The amendments made 1998 and $457,146,000 for the fiscal year 1999. between North and South’’ not more than by this section shall take effect on the first day (2) TECHNOLOGY FUND.—For the ‘‘Technology $1,500,000 for the fiscal year 1998 and not more of the first applicable pay period— Fund’’ for the United States Information Agen- than $1,500,000 for the fiscal year 1999. (1) which begins on or after the 90th day fol- cy, $5,050,000 for the fiscal year 1998 and lowing the date of the enactment of this Act; $5,050,000 for the fiscal year 1999. CHAPTER 2—AUTHORITIES AND and (3) EDUCATIONAL AND CULTURAL EXCHANGE ACTIVITIES (2) on which date all regulations necessary to PROGRAMS.— SEC. 1411. RETENTION OF INTEREST. carry out such amendments are (in the judgment (A) FULBRIGHT ACADEMIC EXCHANGE PRO- Notwithstanding any other provision of law, of the Director of the Office of Personnel Man- GRAMS.— with the approval of the National Endowment agement and the Secretary of State) in effect. (i) FULBRIGHT ACADEMIC EXCHANGE PRO- for Democracy, grant funds made available by SEC. 1317. NONOVERTIME DIFFERENTIAL PAY. GRAMS.—There are authorized to be appro- the National Endowment for Democracy may be deposited in interest-bearing accounts pending Title 5 of the United States Code is amended— priated for the ‘‘Fulbright Academic Exchange disbursement, and any interest which accrues (1) in section 5544(a), by inserting after the Programs’’ (other than programs described in may be retained by the grantee without return- fourth sentence the following new sentence: subparagraph (B)), $99,236,000 for the fiscal ing such interest to the Treasury of the United ‘‘For employees serving outside the United year 1998 and $99,236,000 for the fiscal year 1999. States and interest earned may be obligated and States in areas where Sunday is a routine work- (ii) VIETNAM FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—Of the amounts authorized to be expended for the purposes for which the grant day and another day of the week is officially appropriated under clause (i), $5,000,000 for the was made without further appropriation. recognized as the day of rest and worship, the fiscal year 1998 and $5,000,000 for the fiscal year Secretary of State may designate the officially SEC. 1412. USE OF SELECTED PROGRAM FEES. 1999 are authorized to be available for the Viet- recognized day of rest and worship as the day Section 810 of the United States Information nam scholarship program established by section with respect to which the preceding sentence and Educational Exchange Act of 1948 (22 229 of the Foreign Relations Authorization Act, shall apply instead of Sunday.’’; and U.S.C. 1475e) is amended to read as follows: Fiscal Years 1992 and 1993 (Public Law 102–138). (2) at the end of section 5546(a), by adding the ‘‘USE OF ENGLISH-TEACHING PROGRAM FEES (B) OTHER EDUCATIONAL AND CULTURAL EX- following new sentence: ‘‘For employees serving ‘‘SEC. 810. (a) IN GENERAL.—Notwithstanding CHANGE PROGRAMS.— outside the United States in areas where Sun- section 3302 of title 31, United States Code, or (i) IN GENERAL.—There are authorized to be day is a routine workday and another day of any other law or limitation of authority, fees appropriated for other educational and cultural the week is officially recognized as the day of and receipts described in subsection (b) are au- exchange programs authorized by law, rest and worship, the Secretary of State may thorized to be credited each fiscal year for au- $100,764,000 for the fiscal year 1998 and designate the officially recognized day of rest thorized purposes to the appropriate appropria- $100,764,000 for the fiscal year 1999. and worship as the day with respect to which tions of the United States Information Agency (ii) SOUTH PACIFIC EXCHANGES.—Of the the preceding sentence shall apply instead of to such extent as may be provided in advance in amounts authorized to be appropriated under Sunday.’’. appropriations acts. clause (i), $500,000 for the fiscal year 1998 and ‘‘(b) FEES AND RECEIPTS DESCRIBED.—The fees SEC. 1318. REPORT CONCERNING MINORITIES $500,000 for the fiscal year 1999 are authorized and receipts described in this subsection are fees AND THE FOREIGN SERVICE. to be available for ‘‘South Pacific Exchanges’’. and payments received by or for the use of the The Secretary of State shall during each of (iii) EAST TIMORESE SCHOLARSHIPS.—Of the United States Information Agency from or in calendar years 1998 and 1999 submit a report to amounts authorized to be appropriated under connection with— the Congress concerning minorities and the For- clause (i), $500,000 for the fiscal year 1998 and ‘‘(1) English-teaching and library services, eign Service officer corps. In addition to such $500,000 for the fiscal year 1999 are authorized ‘‘(2) educational advising and counseling, other information as is relevant to this issue, the to be available for ‘‘East Timorese Scholar- ‘‘(3) Exchange Visitor Program Services, report shall include the following data for the ships’’. ‘‘(4) advertising and business ventures of the last preceding examination and promotion cy- (iv) TIBETAN EXCHANGES.—Of the amounts au- Voice of America and the International Broad- cles for which such information is available (re- thorized to be appropriated under clause (i), casting Bureau, ported in terms of real numbers and percentages $500,000 for the fiscal year 1998 and $500,000 for ‘‘(5) cooperating international organizations, and not as ratios): the fiscal year 1999 are authorized to be avail- and (1) The numbers and percentages of all mi- able for ‘‘Educational and Cultural Exchanges ‘‘(6) Agency-produced publications, norities taking the written Foreign Service ex- with Tibet’’ under section 236 of the Foreign Re- ‘‘(7) an amount not to exceed $100,000 of the amination. lations Authorization Act, Fiscal Years 1994 and payments from motion picture and television (2) The numbers and percentages of all mi- 1995 (Public Law 103–236). programs produced or conducted by or on behalf norities successfully completing and passing the (4) INTERNATIONAL BROADCASTING ACTIVI- of the Agency under the authority of this Act or written Foreign Service examination. TIES.— the Mutual Education and Cultural Exchange (3) The numbers and percentages of all mi- (A) AUTHORIZATION OF APPROPRIATIONS.—For Act of 1961.’’. norities successfully completing and passing the ‘‘International Broadcasting Activities’’, SEC. 1413. MUSKIE FELLOWSHIP PROGRAM. oral Foreign Service examination. $344,655,000 for the fiscal year 1998, and (a) GUIDELINES.—Section 227(c)(5) of the For- (4) The numbers and percentages of all mi- $341,655,000 for the fiscal year 1999. eign Relations Authorization Act, Fiscal Years norities entering the junior officers class of the (B) ALLOCATION.—Of the amounts authorized 1992 and 1993 (22 U.S.C. 2452 note) is amended Foreign Service. to be appropriated under subparagraph (A), the by inserting ‘‘journalism and communications, (5) The numbers and percentages of all minor- Director of the United States Information Agen- education administration, public policy, library ity Foreign Service officers at each grade. cy and the Broadcasting Board of Governors and information science,’’ after ‘‘business ad- (6) The numbers of and percentages of minori- shall seek to ensure that the amounts made ministration,’’ each of the two places it appears. ties promoted at each grade of the Foreign Serv- available for broadcasting to nations whose peo- (b) REDESIGNATION OF SOVIET UNION.—Section ice officer corps. ple do not fully enjoy freedom of expression do 227 of the Foreign Relations Authorization Act, H976 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) ‘‘(C) In order to achieve the most efficient and viduals active in the preservation of Tibet’s is amended— cost-effective use of Federal resources, to iden- unique culture, religion, and language)’’. (1) in subsections (a), (b), and (c)(5), by strik- tify administrative and programmatic duplica- (b) EFFECTIVE DATE.—The amendments made ing ‘‘Soviet Union’’ each place it appears and tion and overlap of activities by the various by subsection (a) shall take effect on October 1, inserting ‘‘independent states of the former So- United States Government departments and 1998. viet Union’’; agencies involved in Government-sponsored SEC. 1416. UNITED STATES-JAPAN COMMISSION. (2) in subsection (c)(11), by striking ‘‘Soviet international exchange and training programs, (a) RELIEF FROM RESTRICTION OF INTER- republics’’ and inserting ‘‘independent states of to identify how each Government-sponsored CHANGEABILITY OF FUNDS.— the former Soviet Union’’; and international exchange and training program (1) ELIMINATION OF RESTRICTION.—Section 6(4) (3) in the section heading, by inserting promotes United States foreign policy, and to re- of the Japan-United States Friendship Act (22 ‘‘INDEPENDENT STATES OF THE FORMER’’ port thereon. U.S.C. 2905(4)) is amended by striking ‘‘needed, after ‘‘FROM THE’’. ‘‘(D)(i) Not later than 1 year after the date of except’’ and all that follows through ‘‘United SEC. 1414. WORKING GROUP ON UNITED STATES the enactment of the Foreign Relations Author- States’’ and inserting ‘‘needed’’. GOVERNMENT-SPONSORED INTER- ization Act, Fiscal Years 1998 and 1999, the (2) AUTHORIZED INVESTMENTS.—The second NATIONAL EXCHANGES AND TRAIN- Working Group shall develop a coordinated and sentence of section 7(b) of the Japan-United ING. cost-effective strategy for all United States Gov- States Friendship Act (22 U.S.C. 2906(b)) is Section 112 of the Mutual Educational and ernment-sponsored international exchange and amended to read as follows: ‘‘Such investment Cultural Exchange Act of 1961 (22 U.S.C. 2460) training programs, including an action plan may be made only in interest-bearing obligations is amended by adding at the end the following with the objective of achieving a minimum of 10 of the United States, in obligations guaranteed new subsection: percent cost savings through greater efficiency, as to both principal and interest by the United ‘‘(g) WORKING GROUP ON UNITED STATES GOV- the consolidation of programs, or the elimi- States, in interest-bearing obligations of Japan, ERNMENT SPONSORED INTERNATIONAL EX- nation of duplication, or any combination there- or in obligations guaranteed as to both principal CHANGES AND TRAINING.—(1) In order to carry of. and interest by Japan.’’. out the purposes of subsection (f) and to im- ‘‘(ii) Not later than 1 year after the date of (b) REDESIGNATION OF COMMISSION.— enactment of the Foreign Relations Authoriza- prove the coordination, efficiency, and effective- (1) REDESIGNATION.—Effective on the date of ness of United States Government-sponsored tion Act, Fiscal Years 1998 and 1999, the Work- enactment of this Act, the Japan-United States international exchanges and training, there is ing Group shall submit a report to the appro- Friendship Commission shall be redesignated as established within the United States Informa- priate congressional committees setting forth the the ‘‘United States-Japan Commission’’. Any tion Agency a senior-level interagency working strategy and action plan required by clause (i). reference in any provision of law, Executive ‘‘(iii) Each year thereafter the Working Group group to be known as the Working Group on order, regulation, delegation of authority, or shall assess the strategy and plan required by United States Government-Sponsored Inter- other document to the Japan-United States clause (i). national Exchanges and Training (in this sec- Friendship Commission shall be considered to be tion referred to as the ‘Working Group’). ‘‘(E) Not later than 2 years after the date of the enactment of the Foreign Relations Author- a reference to the United States-Japan Commis- ‘‘(2) For purposes of this subsection, the term sion. ‘Government-sponsored international exchanges ization Act, Fiscal Years 1998 and 1999, to de- velop recommendations on common performance (2) CONFORMING AMENDMENT.—The heading of and training’ means the movement of people be- section 4 of the Japan-United States Friendship tween countries to promote the sharing of ideas, measures for all United States Government- sponsored international exchange and training Act (22 U.S.C. 2903) is amended to read as fol- to develop skills, and to foster mutual under- lows: standing and cooperation, financed wholly or in programs, and to issue a report. ‘‘UNITED STATES-JAPAN COMMISSION’’. part, directly or indirectly, with United States ‘‘(F) To conduct a survey of private sector (3) CONFORMING AMENDMENT.—The Japan- Government funds. international exchange activities and develop United States Friendship Act is amended by ‘‘(3) The Working Group shall be composed as strategies for expanding public and private part- striking ‘‘Japan-United States Friendship Com- follows: nerships in, and leveraging private sector sup- ‘‘(A) The Associate Director for Educational port for, United States Government-sponsored mission’’ each place such term appears and in- and Cultural Affairs of the United States Infor- international exchange and training activities. serting ‘‘United States-Japan Commission’’. (c) REDESIGNATION OF TRUST FUND.— mation Agency, who shall act as Chair. ‘‘(G) Not later than 6 months after the date of (1) REDESIGNATION.—Effective on the date of ‘‘(B) A senior representative of the Depart- the enactment of the Foreign Relations Author- enactment of this Act, the Japan-United States ment of State, who shall be designated by the ization Act, Fiscal Years 1998 and 1999, to report Friendship Trust Fund shall be redesignated as Secretary of State. on the feasibility and advisability of transfer- ‘‘(C) A senior representative of the Depart- ring funds and program management for the the ‘‘United States-Japan Trust Fund’’. Any ment of Defense, who shall be designated by the ATLAS or the Mandela Fellows programs, or reference in any provision of law, Executive Secretary of Defense. both, in South Africa from the Agency for Inter- order, regulation, delegation of authority, or ‘‘(D) A senior representative of the Depart- national Development to the United States In- other document to the Japan-United States ment of Education, who shall be designated by formation Agency. The report shall include an Friendship Trust Fund shall be considered to be the Secretary of Education. assessment of the capabilities of the South Afri- a reference to the United States-Japan Trust ‘‘(E) A senior representative of the Depart- can Fulbright Commission to manage such pro- Fund. ment of Justice, who shall be designated by the grams and the cost effects of consolidating such (2) CONFORMING AMENDMENT.—Section 3(a) of Attorney General. programs under one entity. the Japan-United States Friendship Act (22 ‘‘(F) A senior representative of the Agency for ‘‘(7) All reports prepared by the Working U.S.C. 2902(a)) is amended by striking ‘‘Japan- International Development, who shall be des- Group shall be submitted to the President, United States Friendship Trust Fund’’ and in- ignated by the Administrator of the Agency. through the Director of the United States Infor- serting ‘‘United States-Japan Trust Fund’’. ‘‘(G) Senior representatives of such other de- mation Agency. SEC. 1417. SURROGATE BROADCASTING STUDY. partments and agencies as the Chair determines ‘‘(8) The Working Group shall meet at least on Not later than 6 months after the date of en- to be appropriate. a quarterly basis. actment of this Act, the Broadcasting Board of ‘‘(9) All decisions of the Working Group shall ‘‘(4) Representatives of the National Security Governors, acting through the International be by majority vote of the members present and Adviser and the Director of the Office of Man- Broadcasting Bureau, should conduct and com- voting. plete a study of the appropriateness, feasibility, agement and Budget may participate in the ‘‘(10) The members of the Working Group shall and projected costs of providing surrogate Working Group at the discretion of the Adviser serve without additional compensation for their broadcasting service to Africa and transmit the and the Director, respectively. service on the Working Group. Any expenses in- results of the study to the appropriate congres- ‘‘(5) The Working Group shall be supported by curred by a member of the Working Group in sional committees. an interagency staff office established in the connection with service on the Working Group Bureau of Educational and Cultural Affairs of shall be compensated by that member’s depart- SEC. 1418. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE. the United States Information Agency. ment or agency. ‘‘(6) The Working Group shall have the fol- ‘‘(11) With respect to any report issued under (a) RADIO FREE IRAN.—Not more than lowing purposes and responsibilities: paragraph (6), a member may submit dissenting $2,000,000 of the funds made available under ‘‘(A) To collect, analyze, and report data pro- views to be submitted as part of the report of the section 1401(a)(4) of this Act for each of the fis- vided by all United States Government depart- Working Group.’’. cal years 1998 and 1999 for grants to RFE/RL, ments and agencies conducting international ex- Incorporated, shall be available only for surro- SEC. 1415. EDUCATIONAL AND CULTURAL EX- changes and training programs. CHANGES AND SCHOLARSHIPS FOR gate radio broadcasting by RFE/RL, Incor- ‘‘(B) To promote greater understanding and TIBETANS AND BURMESE. porated, to the Iranian people in the Farsi lan- cooperation among concerned United States (a) IN GENERAL.—Section 103(b)(1) of the guage, such broadcasts to be designated as Government departments and agencies of com- Human Rights, Refugee, and Other Foreign Re- ‘‘Radio Free Iran’’. mon issues and challenges in conducting inter- lations Provisions Act of 1996 (Public Law 104– (b) REPORT TO CONGRESS.—Not later than 60 national exchanges and training programs, in- 319; 22 U.S.C. 2151 note) is amended— days after the date of enactment of this Act, the cluding through the establishment of a clearing- (1) by striking ‘‘for fiscal year 1997’’ and in- Broadcasting Board of Governors of the United house for information on international ex- serting ‘‘for the fiscal year 1999’’; and States Information Agency shall submit a de- change and training activities in the govern- (2) by inserting after ‘‘who are outside Tibet’’ tailed report to Congress describing the costs, mental and nongovernmental sectors. the following: ‘‘(if practicable, including indi- implementation, and plans for creation of the March 10, 1998 CONGRESSIONAL RECORD — HOUSE H977 surrogate broadcasting service described in sub- lations of International Humanitarian Law in transfers that take effect on or after the date of section (a). the Territory of the Former Yugoslavia, as es- enactment of this Act. (c) AVAILABILITY OF FUNDS.—None of the tablished by United Nations Security Council SEC. 1505. REPORTS REGARDING FOREIGN TRAV- funds made available under subsection (a) may Resolution 827 of May 25, 1993; or EL. be made available until submission of the report (2) the International Tribunal for the Pros- (a) PROHIBITION.—Except as provided in sub- required under subsection (b). ecution of Persons Responsible for Genocide and section (e), none of the funds authorized to be SEC. 1419. AUTHORITY TO ADMINISTER SUMMER Other Serious Violations of International Hu- appropriated by this Act for fiscal year 1999 may TRAVEL AND WORK PROGRAMS. manitarian Law Committed in the Territory of be used to pay for the expenses of foreign travel The Director of the United States Information Rwanda and Rwandan Citizens Responsible for by an officer or employee of an Executive Agency is authorized to administer summer trav- Genocide and Other Such Violations Committed branch agency to attend an international con- el and work programs without regard to in the Territory of Neighboring States, as estab- ference, or for the routine services that a United preplacement requirements. lished by United Nations Security Council Reso- States diplomatic mission or consular post pro- SEC. 1420. PERMANENT ADMINISTRATIVE AU- lution 955 of November 8, 1994. vides in support of foreign travel by such an of- THORITIES REGARDING APPROPRIA- SEC. 1503. UNITED STATES MEMBERSHIP IN THE ficer or employee to attend an international TIONS. BUREAU OF THE INTERPARLIAMEN- conference, unless that officer or employee has TARY UNION. Section 701(f) of the United States Information submitted a preliminary report with respect to (a) INTERPARLIAMENTARY UNION LIMITA- and Educational Exchange Act of 1948 (22 that foreign travel in accordance with sub- U.S.C. 1476(f)) is amended by striking para- TION.—Unless the Secretary of State certifies to Congress that the United States will be assessed section (b), and has not previously failed to sub- graph (4). mit a final report with respect to foreign travel SEC. 1421. VOICE OF AMERICA BROADCASTS. not more than $500,000 for its annual contribu- tion to the Bureau of the Interparliamentary to attend an international conference required (a) IN GENERAL.—The Voice of America shall Union during fiscal year 1999, then effective Oc- by subsection (c). devote programming each day to broadcasting (b) PRELIMINARY REPORTS.—A preliminary re- information on the individual States of the tober 1, 1999, the authority for further participa- tion by the United States in the Bureau shall port referred to in subsection (a) is a report by United States. The broadcasts shall include— an officer or employee of an Executive branch (1) information on the products, tourism, and terminate in accordance with subsection (d). (b) ELIMINATION OF AUTHORITY TO PAY EX- agency with respect to proposed foreign travel to cultural and educational facilities of each State; PENSES OF THE AMERICAN GROUP.—Section 1 of attend an international conference, submitted to (2) information on the potential for trade with the Director prior to commencement of the trav- each State; and the Act entitled ‘‘An Act to authorize participa- tion by the United States in the Interparliamen- el, setting forth— (3) discussions with State officials with re- (1) the name and employing agency of the of- spect to the matters described in paragraphs (1) tary Union’’, approved June 28, 1935 (22 U.S.C. 276) is amended— ficer or employee; and (2). (2) the name of the official who authorized (b) REPORT.—Not later than one year after (1) in the first sentence— (A) by striking ‘‘fiscal year’’ and all that fol- the travel; and the date of enactment of this Act, the Broad- lows through ‘‘(1) for’’ and inserting ‘‘fiscal (3) the purpose and duration of the travel. casting Board of Governors of the United States year for’’; (c) FINAL REPORTS.—A final report referred to Information Agency shall submit a report to (B) by striking ‘‘; and’’; and in subsection (a) is a report by an officer or em- Congress detailing the actions that have been (C) by striking paragraph (2); and ployee of an Executive branch agency with re- taken to carry out subsection (a). (2) by striking the second sentence. spect to foreign travel to attend an international (c) STATE DEFINED.—In this section, the term (c) ELIMINATION OF PERMANENT APPROPRIA- ‘‘State’’ means any of the several States of the conference, submitted to the Director not later TION.—Section 303 of the Departments of Com- than 30 days after the conclusion of the travel— United States, the District of Columbia, or any merce, Justice, and State, the Judiciary, and Re- commonwealth or territory of the United States. (1) setting forth the actual duration and cost lated Agencies Appropriations Act, 1988 (as con- of the travel; and TITLE XV—INTERNATIONAL ORGANIZA- tained in section 101(a) of the Continuing Ap- (2) updating any other information included TIONS OTHER THAN UNITED NATIONS propriations Act, 1988 (Public Law 100–202; 22 in the preliminary report. U.S.C. 276 note)) is amended— SEC. 1501. INTERNATIONAL CONFERENCES AND (d) REPORT TO CONGRESS.—The Director shall (1) by striking ‘‘$440,000’’ and inserting CONTINGENCIES. submit a report not later than April 1, 1999, to ‘‘$350,000’’; and There are authorized to be appropriated for the Committees on Foreign Relations and Ap- ‘‘International Conferences and Contingencies’’, (2) by striking ‘‘paragraph (2) of the first sec- tion of Public Law 74–170,’’. propriations of the Senate and the Committees $3,500,000 for the fiscal year 1998 and $1,223,000 on International Relations and Appropriations for the fiscal year 1999 for the Department of (d) CONDITIONAL TERMINATION OF AUTHOR- ITY.—Unless Congress receives the certification of the House of Representatives, setting forth State to carry out the authorities, functions, du- with respect to each international conference ties, and responsibilities in the conduct of the described in subsection (a) before October 1, 1999, effective on that date the Act entitled ‘‘An for which reports described in subsection (c) foreign affairs of the United States with respect were required to be submitted to the Director to international conferences and contingencies Act to authorize participation by the United States in the Interparliamentary Union’’, ap- during the preceding six months— and to carry out other authorities in law con- (1) the names and employing agencies of all sistent with such purposes. proved June 28, 1935 (22 U.S.C. 276–276a–4) is re- pealed. officers and employees of Executive branch SEC. 1502. RESTRICTION RELATING TO UNITED (e) TRANSFER OF FUNDS TO THE TREASURY.— agencies who attended the international con- STATES ACCESSION TO ANY NEW Unobligated balances of appropriations made ference; INTERNATIONAL CRIMINAL TRIBU- (2) the names of all officials who authorized NAL. under section 303 of the Departments of Com- travel to the international conference, and the (a) PROHIBITION.—The United States shall not merce, Justice, and State, the Judiciary, and Re- become a party to any new international crimi- lated Agencies Appropriations Act 1988 (as con- total number of officers and employees who were nal tribunal, nor give legal effect to the jurisdic- tained in section 101(a) of the Continuing Ap- authorized to travel to the conference by each tion of such a tribunal over any matter de- propriations Act, 1988; Public Law 100–202) that such official; and scribed in subsection (b), except pursuant to— are available as of the day before the date of en- (3) the total cost of travel by officers and em- (1) a treaty made under Article II, section 2, actment of this Act shall be transferred on such ployees of Executive branch agencies to the clause 2 of the Constitution of the United States date to the general fund of the Treasury of the international conference. on or after the date of enactment of this Act; or United States. (e) EXCEPTIONS.—This section shall not apply (2) any statute enacted by Congress on or SEC. 1504. SERVICE IN INTERNATIONAL ORGANI- to travel by— after the date of enactment of this Act. ZATIONS. (1) the President or the Vice President; or (b) JURISDICTION DESCRIBED.—The jurisdic- (a) IN GENERAL.—Section 3582(b) of title 5, (2) any officer or employee who is carrying tion described in this section is jurisdiction United States Code, is amended by striking all out an intelligence or intelligence-related activ- over— after the first sentence and inserting the follow- ity, who is performing a protective function, or (1) persons found, property located, or acts or ing: ‘‘On reemployment, an employee entitled to who is engaged in a sensitive diplomatic mis- omissions committed, within the territory of the the benefits of subsection (a) is entitled to the sion. United States; or rate of basic pay to which the employee would (f) DEFINITIONS.—In this section: (2) nationals of the United States, wherever have been entitled had the employee remained (1) DIRECTOR.—The term ‘‘Director’’ means found. in the civil service. On reemployment, the agen- the Director of the Office of International Con- (c) STATUTORY CONSTRUCTION.—Nothing in cy shall restore the sick leave account of the em- ferences of the Department of State. this section precludes sharing information, ex- ployee, by credit or charge, to its status at the (2) EXECUTIVE BRANCH AGENCY.—The terms pertise, or other forms of assistance with such time of transfer. The period of separation ‘‘Executive branch agency’’ and ‘‘Executive tribunal. caused by the employment of the employee with branch agencies’’ mean— (d) DEFINITION.—The term ‘‘new international the international organization and the period (A) an entity or entities, other than the Gen- criminal tribunal’’ means any permanent inter- necessary to effect reemployment are deemed eral Accounting Office, defined in section 105 of national criminal tribunal established on or creditable service for all appropriate civil service title 5, United States Code; and after the date of enactment of this Act and does employment purposes. This subsection does not (B) the Executive Office of the President (ex- not include— apply to a congressional employee.’’. cept as provided in subsection (e)). (1) the International Tribunal for the Pros- (b) EFFECTIVE DATE.—The amendment made (3) INTERNATIONAL CONFERENCE.—The term ecution of Persons Responsible for Serious Vio- by subsection (a) shall apply with respect to ‘‘international conference’’ means any meeting H978 CONGRESSIONAL RECORD — HOUSE March 10, 1998 held under the auspices of an international or- underscore the Alliance’s defensive nature and its NATO allies for the purpose of examining the ganization or foreign government, at which rep- demonstrate to Russia that NATO enlargement feasibility of deploying a ballistic missile defense resentatives of more than two foreign govern- will enhance the security of all countries in Eu- capable of protecting NATO’s southern and ments are expected to be in attendance, and to rope, including Russia. Accordingly, the United eastern flanks from a limited ballistic missile at- which United States Executive branch agencies States and its NATO allies should make this in- tack. will send a total of ten or more representatives. tention clear in negotiations with Russia, in- (3) CONSTITUTIONAL PREROGATIVES.—Even as (g) REPORT.—Not later than 180 days after the cluding negotiations regarding adaptation of the Congress seeks to promote ballistic missile date of enactment of this Act, and annually the Conventional Armed Forces in Europe (CFE) defense cooperation with Russia, it must insist thereafter, the President shall submit to the ap- Treaty of November 19, 1990. on its constitutional prerogatives regarding con- propriate congressional committees a report de- (2) LIMITATIONS ON COMMITMENTS TO RUS- sideration of arms control agreements with Rus- scribing— SIA.—In seeking to demonstrate to Russia sia that bear on ballistic missile defense. (1) the total Federal expenditure of all official NATO’s defensive and security-enhancing in- SEC. 1703. AUTHORITIES RELATING TO NATO EN- international travel in each Executive branch tentions, it is essential that neither fundamental LARGEMENT. agency during the previous fiscal year; and United States security interests in Europe nor (a) POLICY OF SECTION.—This section is en- (2) the total number of individuals in each the effectiveness and flexibility of NATO as a acted in order to implement the policy set forth agency who engaged in such travel. defensive alliance be jeopardized. In particular, in section 2702(a). TITLE XVI—UNITED STATES ARMS no commitments should be made to Russia that (b) DESIGNATION OF ADDITIONAL COUNTRIES CONTROL AND DISARMAMENT AGENCY would have the effect of— ELIGIBLE FOR NATO ENLARGEMENT ASSIST- (A) extending rights or imposing responsibil- SEC. 1601. AUTHORIZATION OF APPROPRIATIONS. ANCE.— There are authorized to be appropriated to ities on new NATO members different from those (1) DESIGNATION OF ADDITIONAL COUNTRIES.— carry out the purposes of the Arms Control and applicable to current NATO members, including Romania, Estonia, Latvia, Lithuania, and Bul- Disarmament Act $41,500,000 for the fiscal year rights or responsibilities with respect to the de- garia are each designated as eligible to receive 1998. ployment of nuclear weapons and the stationing assistance under the program established under of troops and equipment from other NATO mem- SEC. 1602. STATUTORY CONSTRUCTION. section 203(a) of the NATO Participation Act of bers; 1994 (22 U.S.C. 1928 note) and shall be deemed to Section 303 of the Arms Control and Disar- (B) limiting the ability of NATO to defend the mament Act (22 U.S.C. 2573), as redesignated by have been so designated pursuant to section territory of new NATO members by, for example, 203(d)(1) of such Act. section 1223 of this Act, is amended by adding at restricting the construction of defense infra- the end the following new subsection: (2) RULE OF CONSTRUCTION.—The designation structure or limiting the ability of NATO to de- of countries pursuant to paragraph (1) as eligi- ‘‘(c) STATUTORY CONSTRUCTION.—Nothing ploy necessary reinforcements; contained in this chapter shall be construed to ble to receive assistance under the program es- (C) providing any international organization, tablished under section 203(a) of the NATO Par- authorize any policy or action by any Govern- or any country that is not a member of NATO, ment agency which would interfere with, re- ticipation Act of 1994— with authority to delay, veto, or otherwise im- (A) is in addition to the designation of other strict, or prohibit the acquisition, possession, or pede deliberations and decisions of the North use of firearms by an individual for the lawful countries by law or pursuant to section 203(d)(2) Atlantic Council or the implementation of such of such Act as eligible to receive assistance purpose of personal defense, sport, recreation, decisions, including deliberations and decisions education, or training.’’. under the program established under section with respect to the deployment of NATO forces 203(a) of such Act; and TITLE XVII—EUROPEAN SECURITY ACT OF or the admission of additional members to (B) shall not preclude the designation by the 1998 NATO; President of other emerging democracies in Cen- SEC. 1701. SHORT TITLE. (D) impeding the development of enhanced re- tral and Eastern Europe pursuant to section This title may be cited as the ‘‘European Secu- lations between NATO and other European 203(d)(2) of such Act as eligible to receive assist- rity Act of 1998’’. countries that do not belong to the Alliance; ance under the program established under sec- (E) establishing a nuclear weapons-free zone SEC. 1702. STATEMENT OF POLICY. tion 203(a) of such Act. in Central or Eastern Europe; (a) POLICY WITH RESPECT TO NATO ENLARGE- (3) SENSE OF CONGRESS.—It is the sense of (F) requiring NATO to subsidize Russian arms MENT.—Congress urges the President to outline Congress that Romania, Estonia, Latvia, Lith- sales, service, or support to the militaries of a clear and complete strategic rationale for the uania, and Bulgaria— those former Warsaw Pact countries invited to enlargement of the North Atlantic Treaty Orga- (A) are to be commended for their progress to- join the Alliance; or nization (NATO), and declares that— (G) legitimizing Russian efforts to link conces- ward political and economic reform and meeting (1) Poland, Hungary, and the Czech Republic sions in arms control negotiations to NATO en- the guidelines for prospective NATO members; (B) would make an outstanding contribution should not be the last emerging democracies in largement. Central and Eastern Europe invited to join (3) COMMITMENTS FROM RUSSIA.—In order to to furthering the goals of NATO and enhancing NATO; enhance security and stability in Europe, the stability, freedom, and peace in Europe should (2) the United States should ensure that United States should seek commitments from they become NATO members; and NATO continues a process whereby all other Russia— (C) upon complete satisfaction of all relevant emerging democracies in Central and Eastern (A) to demarcate and respect all its borders criteria should be invited to become full NATO Europe that wish to join NATO will be consid- with neighboring states; members at the earliest possible date. ered for membership in NATO as soon as they (B) to achieve the immediate and complete (c) REGIONAL AIRSPACE INITIATIVE AND PART- meet the criteria for such membership; withdrawal of any armed forces and military NERSHIP FOR PEACE INFORMATION MANAGEMENT (3) the United States should ensure that no equipment under the control of Russia that are SYSTEM.— limitations are placed on the numbers of NATO deployed on the territories of the independent (1) IN GENERAL.—Funds described in para- troops or types of equipment, including tactical states of the former Soviet Union without the graph (2) are authorized to be made available to nuclear weapons, to be deployed on the territory full and complete agreement of those states; support the implementation of the Regional Air- of new member states; (C) to station its armed forces on the territory space Initiative and the Partnership for Peace (4) the United States should reject all efforts of other states only with the full and complete Information Management System, including— to condition NATO decisions on review or ap- agreement of that state and in strict accordance (A) the procurement of items in support of proval by the United Nations Security Council; with international law; and these programs; and (5) the United States should clearly delineate (D) to take steps to reduce further its nuclear (B) the transfer of such items to countries par- those NATO deliberations, including but not and conventional forces in Kaliningrad. ticipating in these programs. limited to discussions on arms control, further (4) CONSULTATIONS.—As negotiations on adap- (2) FUNDS DESCRIBED.—Funds described in Alliance enlargement, procurement matters, and tation of the Treaty on Conventional Armed this paragraph are funds that are available— strategic doctrine, that are not subject to review Forces in Europe proceed, the United States (A) during any fiscal year under the NATO or discussion in the NATO-Russia Permanent should engage in close and continuous consulta- Participation Act of 1994 with respect to coun- Joint Council; tions not only with its NATO allies, but also tries eligible for assistance under that Act; or (6) the United States should work to ensure with the emerging democracies of Central and (B) during fiscal year 1998 under any Act to that countries invited to join the Alliance are Eastern Europe, Ukraine, and the South carry out the Warsaw Initiative. provided an immediate seat in NATO discus- Caucasus. (d) EXTENSION OF AUTHORITY REGARDING EX- sions; and (c) POLICY WITH RESPECT TO BALLISTIC MIS- CESS DEFENSE ARTICLES.—Section 105 of Public (7) the United States already pays more than SILE DEFENSE COOPERATION.— Law 104-164 (110 Stat. 1427) is amended by strik- a proportionate share of the costs of the common (1) IN GENERAL.—As the United States pro- ing ‘‘1996 and 1997’’ and inserting ‘‘1997, 1998, defense of Europe and should obtain, in ad- ceeds with efforts to develop defenses against and 1999’’. vance, agreement on an equitable distribution of ballistic missile attack, it should seek to foster a (e) CONFORMING AMENDMENTS TO THE NATO the cost of NATO enlargement to ensure that climate of cooperation with Russia on matters PARTICIPATION ACT OF 1994.—Section 203(c) of the United States does not continue to bear a related to missile defense. In particular, the the NATO Participation Act of 1994 (22 U.S.C. disproportionate burden. United States and its NATO allies should seek 1928 note) is amended— (b) POLICY WITH RESPECT TO NEGOTIATIONS to cooperate with Russia in such areas as early (1) in paragraph (1), by striking ‘‘, without re- WITH RUSSIA.— warning. gard to the restrictions’’ and all that follows (1) IMPLEMENTATION.—NATO enlargement (2) DISCUSSIONS WITH NATO ALLIES.—The through ‘‘section)’’; should be carried out in such a manner as to United States should initiate discussions with (2) by striking paragraph (2); March 10, 1998 CONGRESSIONAL RECORD — HOUSE H979 (3) in paragraph (6), by striking ‘‘appro- ties of United States theater missile defense sys- and every 3 months thereafter during the period priated under the ‘Nonproliferation and Disar- tems, or the numbers or deployment patterns of ending September 30, 1999, the Secretary of State mament Fund’ account’’ and inserting ‘‘made such systems, will be approved for entry into shall submit to the appropriate congressional available for the ‘Nonproliferation and Disar- force with respect to the United States. committees a report on the implementation of mament Fund’ ’’; and (d) REPORT ON COOPERATIVE PROJECTS WITH section 401 of the Cuban Liberty and Democratic (4) in paragraph (8)— RUSSIA.—Not later than January 1, 1999, and Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. (A) by striking ‘‘any restrictions in sections January 1, 2000, the President shall submit to 6091). Each report shall include— 516 and 519’’ and inserting ‘‘section 516(e)’’; the Committees on International Relations, Na- (1) an unclassified list, by economic sector, of (B) by striking ‘‘as amended,’’; and tional Security, and Appropriations of the the number of entities then under review pursu- (C) by striking ‘‘paragraphs (1) and (2)’’ and House of Representatives and the Committees on ant to that section; inserting ‘‘paragraph (1)’’; and Foreign Relations, Armed Services, and Appro- (2) an unclassified list of all entities and a (5) by redesignating paragraphs (3) through priations of the Senate a report on cooperative classified list of all individuals that the Sec- (8) as paragraphs (2) through (7), respectively. projects with Russia in the area of ballistic mis- retary of State has determined to be subject to SEC. 1704. SENSE OF CONGRESS WITH RESPECT sile defense, including in the area of early that section; TO THE TREATY ON CONVENTIONAL warning. Each such report shall include the fol- (3) an unclassified list of all entities and a ARMED FORCES IN EUROPE. lowing: classified list of all individuals that the Sec- It is the sense of Congress that no revisions to (1) COOPERATIVE PROJECTS.—A description of retary of State has determined are no longer the Treaty on Conventional Armed Forces in all cooperative projects conducted in the area of subject to that section; Europe will be approved for entry into force early warning and ballistic missile defense dur- (4) an explanation of the status of the review with respect to the United States that jeopardize ing the preceding fiscal year and the fiscal year underway for the cases referred to in paragraph fundamental United States security interests in during which the report is submitted. (1); and Europe or the effectiveness and flexibility of (2) FUNDING.—A description of the funding for (5) an unclassified explanation of each deter- NATO as a defensive alliance by— such projects during the preceding fiscal year mination of the Secretary of State under section (1) extending rights or imposing responsibil- and the year during which the report is submit- 401(a) of that Act and each finding of the Sec- ities on new NATO members different from those ted and the proposed funding for such projects retary under section 401(c) of that Act— applicable to current NATO members, including for the next fiscal year. (A) since the date of the enactment of this rights or responsibilities with respect to the de- (3) STATUS OF DIALOGUE OR DISCUSSIONS.—A Act, in the case of the first report under this ployment of nuclear weapons and the stationing description of the status of any dialogue or dis- subsection; and of troops and equipment from other NATO mem- cussions conducted during the preceding fiscal (B) in the preceding 3-month period, in the bers; year between the United States and Russia case of each subsequent report. (2) limiting the ability of NATO to defend the aimed at exploring the potential for mutual ac- (b) PROTECTION OF IDENTITY OF CONCERNED territory of new NATO members by, for example, commodation of outstanding issues between the ENTITIES.—In preparing the report under sub- restricting the construction of defense infra- two nations on matters relating to ballistic mis- section (a), the names of entities shall not be structure or limiting the ability of NATO to de- sile defense and the ABM Treaty, including the identified under paragraph (1) or (4). ploy necessary reinforcements; possibility of developing a strategic relationship SEC. 1803. REPORT ON COMPLIANCE WITH THE (3) providing any international organization, not based on mutual nuclear threats. HAGUE CONVENTION ON INTER- or any country that is not a member of NATO, (e) DEFINITIONS.—In this section: NATIONAL CHILD ABDUCTION. with the authority to delay, veto, or otherwise (1) ABM/TMD DEMARCATION AGREEMENT.— (a) IN GENERAL.—Beginning 6 months after impede deliberations and decisions of the North The term ‘‘ABM/TMD demarcation agreement’’ the date of the enactment of this Act and every Atlantic Council or the implementation of such means any agreement that establishes a demar- 12 months thereafter during the period ending decisions, including deliberations and decisions cation between theater ballistic missile defense September 30, 1999, the Secretary of State shall with respect to the deployment of NATO forces systems and strategic antiballistic missile de- submit a report to the appropriate congressional or the admission of additional members to fense systems for purposes of the ABM Treaty. committees on the compliance with the provi- NATO; or (2) ABM TREATY.—The term ‘‘ABM Treaty’’ sions of the Convention on the Civil Aspects of (4) impeding the development of enhanced re- means the Treaty Between the United States of International Child Abduction, done at The lations between NATO and other European American and the Union of Soviet Socialist Re- Hague on October 25, 1980, by the signatory countries that do not belong to the Alliance. publics on the Limitation of Anti-Ballistic Mis- countries of the Convention. Each such report SEC. 1705. RESTRICTIONS AND REQUIREMENTS sile Systems, signed at Moscow on May 26, 1972 shall include the following information: RELATING TO BALLISTIC MISSILE (23 UST 3435), and includes the Protocols to (1) The number of applications for the return DEFENSE. that Treaty, signed at Moscow on July 3, 1974 of children submitted by United States citizens (a) POLICY OF SECTION.—This section is en- (27 UST 1645). to the Central Authority for the United States acted in order to implement the policy set forth TITLE XVIII—OTHER FOREIGN POLICY that remain unresolved more than 18 months in section 1702(c). PROVISIONS after the date of filing. (b) RESTRICTION ON ENTRY INTO FORCE OF SEC. 1801. REPORTS ON CLAIMS BY UNITED (2) A list of the countries to which children in ABM/TMD DEMARCATION AGREEMENTS.—An STATES FIRMS AGAINST THE GOV- unresolved applications described in paragraph ABM/TMD demarcation agreement shall not be ERNMENT OF SAUDI ARABIA. (1) are alleged to have been abducted. binding on the United States, and shall not (a) IN GENERAL.—Not later than 90 days after (3) A list of the countries that have dem- enter into force with respect to the United the date of the enactment of this Act and every onstrated a pattern of noncompliance with the States, unless, after the date of enactment of 180 days thereafter, the Secretary of State, after obligations of the Convention with respect to this Act, that agreement is specifically approved consultation with the Secretary of Defense and applications for the return of children submitted with the advice and consent of the United the Secretary of Commerce, shall submit a report by United States citizens to the Central Author- States Senate pursuant to Article II, section 2, to the appropriate congressional committees on ity for the United States. clause 2 of the Constitution. specific actions taken by the Department of (4) Detailed information on each unresolved (c) SENSE OF CONGRESS WITH RESPECT TO DE- State, the Department of Defense, and the De- case described in paragraph (1) and on actions MARCATION AGREEMENTS.— partment of Commerce toward progress in re- taken by the Department of State to resolve (1) RELATIONSHIP TO MULTILATERALIZATION solving the commercial disputes between United each such case. OF ABM TREATY.—It is the sense of Congress States firms and the Government of Saudi Ara- (5) Information on efforts by the Department that no ABM/TMD demarcation agreement will bia that are described in the June 30, 1993, re- of State to encourage other countries to become be considered for advice and consent to ratifica- port by the Secretary of Defense pursuant to signatories of the Convention. tion unless, consistent with the certification of section 9140(c) of the Department of Defense Ap- (b) DEFINITION.—In this section, the term the President pursuant to condition (9) of the propriations Act, 1993 (Public Law 102–396), in- ‘‘Central Authority for the United States’’ has resolution of ratification of the CFE Flank Doc- cluding the additional claims noticed by the De- the meaning given the term in Article 6 of the ument, the President submits for Senate advice partment of Commerce on page 2 of that report. Convention on the Civil Aspects of International and consent to ratification any agreement, ar- (b) TERMINATION.—Subsection (a) shall cease Child Abduction, done at The Hague on October rangement, or understanding that would— to have effect on the earlier of— 25, 1980. (A) add one or more countries as State Parties (1) the date of submission of the third report SEC. 1804. SENSE OF CONGRESS RELATING TO to the ABM Treaty, or otherwise convert the under that subsection; or RECOGNITION OF THE ECUMENICAL ABM Treaty from a bilateral treaty to a multi- (2) the date that the Secretary of State, after PATRIARCHATE BY THE GOVERN- lateral treaty; or consultation with the Secretary of Defense and MENT OF TURKEY. (B) change the geographic scope or coverage the Secretary of Commerce, certifies in writing It is the sense of Congress that the United of the ABM Treaty, or otherwise modify the to the appropriate congressional committees that States should use its influence with the Govern- meaning of the term ‘‘national territory’’ as the commercial disputes referred to in subsection ment of Turkey to suggest that the Government used in Article VI and Article IX of the ABM (a) have been resolved satisfactorily. of Turkey— Treaty. SEC. 1802. REPORTS ON DETERMINATIONS (1) recognize the Ecumenical Patriarchate and (2) PRESERVATION OF UNITED STATES THEATER UNDER TITLE IV OF THE LIBERTAD its nonpolitical, religious mission; BALLISTIC MISSILE DEFENSE POTENTIAL.—It is the ACT. (2) ensure the continued maintenance of the sense of Congress that no ABM/TMD demarca- (a) REPORTS REQUIRED.—Not later than 30 institution’s physical security needs, as pro- tion agreement that would reduce the capabili- days after the date of the enactment of this Act vided for under Turkish and international law, H980 CONGRESSIONAL RECORD — HOUSE March 10, 1998 including the Treaty of Lausanne, the 1968 Pro- paragraph (1), the President should seek the (6) The executive branch of Government has tocol, the Helsinki Final Act (1975), and the input of such governments on the possibility of announced its interest in the admission of the Charter of Paris; forming one or more structures within the alli- People’s Republic of China to the World Trade (3) provide for the proper protection and safe- ance— Organization; the fundamental sense of fairness ty of the Ecumenical Patriarch and Patriarch- (A) to develop a regional, multilateral strategy of the people of the United States warrants the ate personnel; and to address the threat posed to nations in the United States Government’s support for Tai- (4) reopen the Ecumenical Patriarchate’s Western Hemisphere by drug trafficking; and wan’s relatively more meritorious application Halki Patriarchal School of Theology. (B) to establish a new mechanism for improv- for membership in the World Trade Organiza- SEC. 1805. REPORT ON RELATIONS WITH VIET- ing multilateral coordination of drug interdic- tion. NAM. tion and drug-related law enforcement activities (7) Despite having made significant progress In order to provide Congress with the nec- in the Western Hemisphere. in negotiations for its accession to the World essary information by which to evaluate the re- (b) REPORT.— Trade Organization, Taiwan has yet to offer ac- lationship between the United States and Viet- (1) REQUIREMENT.—Not later than 60 days ceptable terms of accession in agricultural and nam, the Secretary of State shall submit a report after the date of enactment of this Act, the certain other market sectors. to the appropriate congressional committees, not President shall submit to Congress a report on (8) It is in the economic interest of United later than 90 days after the date of enactment of the proposal discussed under subsection (a). The States consumers and exporters for Taiwan to this Act and every 180 days thereafter during report shall include the following: complete those requirements for accession to the the period ending September 30, 1999, on the ex- (A) An analysis of the reactions of the govern- World Trade Organization at the earliest pos- tent to which— ments concerned to the proposal. sible moment. (1) the Government of the Socialist Republic of (B) An assessment of the proposal, including (b) CONGRESSIONAL STATEMENT.—The Con- Vietnam is cooperating with the United States an evaluation of the feasibility and advisability gress favors public support by officials of the in providing the fullest possible accounting of of forming the alliance. Department of State for the accession of Taiwan all unresolved cases of prisoners of war (POWs) (C) A determination in light of the analysis to the World Trade Organization. or persons missing-in-action (MIAs) through the and assessment whether or not the formation of SEC. 1809. PROGRAMS OR PROJECTS OF THE provision of records and the unilateral and joint the alliance is in the national interests of the INTERNATIONAL ATOMIC ENERGY recovery and repatriation of American remains; United States. AGENCY IN CUBA. (2) the Government of the Socialist Republic of (D) If the President determines that the for- (a) WITHHOLDING OF UNITED STATES PROPOR- Vietnam has made progress toward the release mation of the alliance is in the national inter- TIONAL SHARE OF ASSISTANCE.—Section 307(c) of of all political and religious prisoners, including ests of the United States, a plan for encouraging the Foreign Assistance Act of 1961 (22 U.S.C. Catholic, Protestant, and Buddhist clergy; and facilitating the formation of the alliance. 2227(c)) is amended— (3) the Government of the Socialist Republic of (E) If the President determines that the forma- (1) by striking ‘‘The limitations’’ and inserting Vietnam is cooperating with requests by the tion of the alliance is not in the national inter- ‘‘(1) Subject to paragraph (2), the limitations’’; United States to obtain full and free access to ests of the United States, an alternative pro- and persons of humanitarian interest to the United posal to improve significantly efforts against the (2) by adding at the end the following: ‘‘(2)(A) Except as provided in subparagraph States for interviews under the Orderly Depar- threats posed by narcotics trafficking in the (B), with respect to funds authorized to be ap- ture (ODP) and Resettlement Opportunities for Western Hemisphere, including an explanation propriated by this chapter and available for the Vietnamese Refugees (ROVR) programs, and in of how the alternative proposal will— International Atomic Energy Agency, the limita- providing exit visas for such persons; (i) improve upon current cooperation and co- (4) the Government of the Socialist Republic of ordination of counter-drug efforts among na- tions of subsection (a) shall apply to programs or projects of such Agency in Cuba. Vietnam has taken vigorous action to end extor- tions in the Western Hemisphere; ‘‘(B)(i) Subparagraph (A) shall not apply with tion, bribery, and other corrupt practices in con- (ii) provide for the allocation of the resources required to make significant progress in disrupt- respect to programs or projects of the Inter- nection with such exit visas; and national Atomic Energy Agency that provide for (5) the Government of the United States is ing and disbanding the criminal organizations the discontinuation, dismantling, or safety in- making vigorous efforts to interview and resettle responsible for the trafficking of illegal drugs in spection of nuclear facilities or related mate- former reeducation camp victims, their imme- the Western Hemisphere; and rials, or for inspections and similar activities de- diate families including unmarried sons and (iii) differ from and improve upon past strate- signed to prevent the development of nuclear daughters, former United States Government gies adopted by the United States Government weapons by a country described in subsection employees, and other persons eligible for the which have failed to make sufficient progress against the trafficking of illegal drugs in the (a). ODP program, and to give such persons the full ‘‘(ii) Clause (i) shall not apply with respect to Western Hemisphere. benefit of all applicable United States laws in- the Juragua Nuclear Power Plant near Cienfue- (2) UNCLASSIFIED FORM.—The report under cluding sections 599D and 599E of the Foreign gos, Cuba, or the Pedro Pi Nuclear Research Operations, Export Financing, and Related Pro- paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. Center unless Cuba— grams Appropriations Act of 1990 (Public Law ‘‘(I) ratifies the Treaty on the Non-Prolifera- 101–167). SEC. 1808. CONGRESSIONAL STATEMENT RE- tion of Nuclear Weapons (21 UST 483) or the GARDING THE ACCESSION OF TAI- SEC. 1806. REPORTS AND POLICY CONCERNING Treaty for the Prohibition of Nuclear Weapons HUMAN RIGHTS VIOLATIONS IN WAN TO THE WORLD TRADE ORGANI- ZATION. in Latin America (commonly known as the LAOS. Treaty of Tlatelolco); Not later than 180 days after the date of en- (a) FINDINGS.—The Congress makes the fol- lowing findings: ‘‘(II) negotiates full-scope safeguards of the actment of this Act, the Secretary of Sate shall International Atomic Energy Agency not later submit a report to the appropriate congressional (1) The people of the United States and the people of the Republic of China on Taiwan have than two years after ratification by Cuba of committees on the allegations of persecution and such Treaty; and abuse of the Hmong and Laotian refugees who long enjoyed extensive ties. (2) Taiwan is currently the 8th largest trading ‘‘(III) incorporates internationally accepted have returned to Laos. The report shall include partner of the United States. nuclear safety standards.’’. the following: (3) The executive branch of Government has (b) OPPOSITION TO CERTAIN PROGRAMS OR (1) A full investigation, including full docu- PROJECTS.—The Secretary of State shall direct committed publicly to support Taiwan’s bid to mentation of individual cases of persecution, of the United States representative to the Inter- join the World Trade Organization and has de- the Lao Government’s treatment of Hmong and national Atomic Energy Agency to oppose the clared that the United States will not oppose Laotian refugees who have returned to Laos. following: (2) The steps the Department of State will this bid solely on the grounds that the People’s (1) Technical assistance programs or projects take to continue to monitor any systematic Republic of China, which also seeks membership of the Agency at the Juragua Nuclear Power human rights violations by the Government of in the World Trade Organization, is not yet eli- Plant near Cienfuegos, Cuba, and at the Pedro Laos. gible because of its unacceptable trade practices. Pi Nuclear Research Center. (3) The actions which the Department of State (4) The United States and Taiwan have con- (2) Any other program or project of the Agen- will take to seek to ensure the cessation of cluded discussions on a variety of outstanding cy in Cuba that is, or could become, a threat to human rights violations. trade issues that remain unresolved with the the security of the United States. SEC. 1807. REPORT ON AN ALLIANCE AGAINST People’s Republic of China and that are nec- (c) REPORTING REQUIREMENTS.— NARCOTICS TRAFFICKING IN THE essary for the United States to support Taiwan’s (1) REQUEST FOR IAEA REPORTS.—The Sec- WESTERN HEMISPHERE. membership in the World Trade Organization. retary of State shall direct the United States (a) SENSE OF CONGRESS ON DISCUSSIONS FOR (5) The reversion of control over Hong Kong— representative to the International Atomic En- ALLIANCE.— a member of the World Trade Organization—to ergy Agency to request the Director-General of (1) SENSE OF CONGRESS.—It is the sense of the People’s Republic of China in many respects the Agency to submit to the United States all re- Congress that the President should discuss with affords to the People’s Republic of China the ports prepared with respect to all programs or the democratically-elected governments of the practical benefit of membership in the World projects of the Agency that are of concern to the Western Hemisphere, the prospect of forming a Trade Organization for a substantial portion of United States, including the programs or multilateral alliance to address problems relat- its trade in goods despite the fact that the trade projects described in subsection (b). ing to international drug trafficking in the practices of the People’s Republic of China cur- (2) ANNUAL REPORTS TO THE CONGRESS.—Not Western Hemisphere. rently fall far short of what the United States later than 180 days after the date of the enact- (2) CONSULTATIONS.—In the consultations on expects for membership in the World Trade Or- ment of this Act, and on an annual basis there- the prospect of forming an alliance described in ganization. after, the Secretary of State, in consultation March 10, 1998 CONGRESSIONAL RECORD — HOUSE H981 with the United States representative to the entities whose practices are consistent with under the supervision of the United States Am- International Atomic Energy Agency, shall pre- principles of economic justice; and’’; and bassador to Israel. pare and submit to the Congress a report con- (2) in subparagraph (B), by inserting before (c) LIMITATION ON USE OF FUNDS FOR PUBLI- taining a description of all programs or projects the period at the end the following: ‘‘and will CATIONS.—None of the funds authorized to be of the Agency in each country described in sec- create employment opportunities in regions and appropriated by this Act may be available for tion 307(a) of the Foreign Assistance Act of 1961 communities of Northern Ireland suffering from the publication of any official government docu- (22 U.S.C. 2227(a)). high rates of unemployment’’. ment which lists countries and their capital cit- SEC. 1810. LIMITATION ON ASSISTANCE TO COUN- (d) ANNUAL REPORTS.—Section 6 of such Act ies unless the publication identifies Jerusalem as TRIES AIDING CUBA NUCLEAR DE- is amended— the capital of Israel. VELOPMENT. (1) in paragraph (2), by striking ‘‘and’’ at the (d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR (a) IN GENERAL.—Section 620 of the Foreign end; PASSPORT PURPOSES.—For purposes of the reg- Assistance Act of 1961 (22 U.S.C. 2370), as (2) in paragraph (3), by striking the period istration of birth, certification of nationality, or amended by this Act, is further amended by and inserting ‘‘; and’’; and issuance of a passport of a United States citizen adding at the end the following: (3) by adding at the end the following new born in the city of Jerusalem, the Secretary of ‘‘(y)(1) Except as provided in paragraph (2), paragraph: State shall, upon the request of the citizen, the President shall withhold from amounts made ‘‘(4) the extent to which the practices of each record the place of birth as Israel. available under this Act or any other Act and individual or entity receiving assistance from SEC. 1813. SUPPORT FOR DEMOCRATIC OPPOSI- allocated for a country for a fiscal year an United States contributions to the International TION IN IRAQ. amount equal to the aggregate value of nuclear Fund has been consistent with the principles of (a) ASSISTANCE FOR JUSTICE IN IRAQ.—There fuel and related assistance and credits provided economic justice.’’. are authorized to be appropriated for fiscal year by that country, or any entity of that country, (e) REQUIREMENTS RELATING TO FUNDS.—Sec- 1998 $3,000,000 for assistance to an international to Cuba during the preceding fiscal year. tion 7 of such Act is amended by adding at the commission to establish an international record ‘‘(2) The requirement to withhold assistance end the following: for the criminal culpability of Saddam Hussein for a country for a fiscal year under paragraph ‘‘(c) PROHIBITION.—Nothing included herein and other Iraqi officials and for an inter- (1) shall not apply if Cuba— shall require quotas or reverse discrimination or national criminal tribunal established for the ‘‘(A) has ratified the Treaty on the Non-Pro- mandate their use.’’. purpose of indicting, prosecuting, and punish- liferation of Nuclear Weapons (21 UST 483) or (f) DEFINITIONS.—Section 8 of such Act is ing Saddam Hussein and other Iraqi officials re- the Treaty of Tlatelelco, and Cuba is in compli- amended— sponsible for crimes against humanity, genocide, ance with the requirements of either such Trea- (1) in paragraph (1), by striking ‘‘and’’ at the and other violations of international law. ty; end; (b) ASSISTANCE TO THE DEMOCRATIC OPPOSI- ‘‘(B) has negotiated and is in compliance with (2) in paragraph (2), by striking the period at TION IN IRAQ.—There are authorized to be ap- full-scope safeguards of the International Atom- the end and inserting ‘‘; and’’; and propriated for fiscal year 1998 $15,000,000 to pro- ic Energy Agency not later than two years after (3) by adding at the end the following new vide support for democratic opposition forces in ratification by Cuba of such Treaty; and paragraph: Iraq, of which— ‘‘(3) the term ‘principles of economic justice’ ‘‘(C) incorporates and is in compliance with (1) not more than $10,000,000 shall be for as- means the following principles: internationally accepted nuclear safety stand- sistance to the democratic opposition, including ‘‘(A) Increasing the representation of individ- ards. leadership organization, training political uals from underrepresented religious groups in ‘‘(3) The Secretary of State shall prepare and cadre, maintaining offices, disseminating infor- the workforce, including managerial, super- submit to the Congress each year a report con- mation, and developing and implementing visory, administrative, clerical, and technical taining a description of the amount of nuclear agreements among opposition elements; and jobs. fuel and related assistance and credits provided (2) not more than $5,000,000 of the funds made ‘‘(B) Providing adequate security for the pro- by any country, or any entity of a country, to available under this subsection shall be avail- tection of minority employees at the workplace. Cuba during the preceding year, including the able only for grants to RFE/RL, Incorporated, ‘‘(C) Banning provocative sectarian or politi- terms of each transfer of such fuel, assistance, for surrogate radio broadcasting by RFE/RL, In- cal emblems from the workplace. or credits.’’. corporated, to the Iraqi people in the Arabic ‘‘(D) Providing that all job openings be adver- (b) EFFECTIVE DATE.—Section 620(y) of the language, such broadcasts to be designated as tised publicly and providing that special recruit- Foreign Assistance Act of 1961, as added by sub- ‘‘Radio Free Iraq’’. ment efforts be made to attract applicants from section (a), shall apply with respect to assist- (c) ASSISTANCE FOR HUMANITARIAN RELIEF underrepresented religious groups. AND RECONSTRUCTION.—There are authorized to ance provided in fiscal years beginning on or ‘‘(E) Providing that layoff, recall, and termi- after the date of the enactment of this Act. be appropriated for fiscal year 1998 $20,000,000 nation procedures do not favor a particular reli- for the relief, rehabilitation, and reconstruction SEC. 1811. INTERNATIONAL FUND FOR IRELAND. gious group. of people living in Iraq, and communities lo- (a) PURPOSES.—Section 2(b) of the Anglo-Irish ‘‘(F) Abolishing job reservations, apprentice- cated in Iraq, who are not under the control of Agreement Support Act of 1986 (Public Law 99– ship restrictions, and differential employment the Saddam Hussein regime. 415; 100 Stat. 947) is amended by adding at the criteria which discriminate on the basis of reli- (d) AVAILABILITY.—Amounts authorized to be end the following new sentences: ‘‘United States gion. appropriated by this section shall be provided in contributions should be used in a manner that ‘‘(G) Providing for the development of train- addition to amounts otherwise made available effectively increases employment opportunities ing programs that will prepare substantial num- and shall remain available until expended. in communities with rates of unemployment bers of minority employees for skilled jobs, in- (e) NOTIFICATION.—All assistance provided higher than the local or urban average of unem- cluding the expansion of existing programs and pursuant to this section shall be notified to Con- ployment in Northern Ireland. In addition, such the creation of new programs to train, upgrade, gress in accordance with the procedures appli- contributions should be used to benefit individ- and improve the skills of minority employees. cable to reprogramming notifications under sec- uals residing in such communities.’’. ‘‘(H) Establishing procedures to assess, iden- tion 634A of the Foreign Assistance Act of 1961. (b) CONDITIONS AND UNDERSTANDINGS.—Sec- tify, and actively recruit minority employees (f) RELATION TO OTHER LAWS.—Funds made tion 5(a) of such Act is amended— with the potential for further advancement. available to carry out the provisions of this sec- (1) in the first sentence— ‘‘(I) Providing for the appointment of a senior tion may be made available notwithstanding (A) by striking ‘‘The United States’’ and in- management staff member to be responsible for any other provision of law. serting the following: the employment efforts of the entity and, within (g) REPORT.—Not later than 45 days after the ‘‘(1) IN GENERAL.—The United States’’; a reasonable period of time, the implementation date of enactment of this Act, the Secretary of (B) by striking ‘‘in this Act may be used’’ and of the principles described in subparagraphs (A) State and the Broadcasting Board of Governors inserting the following: ‘‘in this Act— through (H).’’. of the United States Information Agency shall ‘‘(A) may be used’’; SEC. 1812. UNITED STATES POLICY WITH RE- submit a detailed report to Congress describing— (C) by striking the period and inserting ‘‘; SPECT TO JERUSALEM AS THE CAP- (1) the costs, implementation, and plans for and’’; and ITAL OF ISRAEL. the establishment of an international war crimes (D) by adding at the end the following: (a) AUTHORIZATION OF APPROPRIATIONS.—Of tribunal described in subsection (a); ‘‘(B) should be provided to individuals or enti- the amounts authorized to be appropriated by (2) the establishment of a political assistance ties in Northern Ireland which employ practices section 1101(4) of this Act for ‘‘Security and program, and the surrogate broadcasting serv- consistent with the principles of economic jus- Maintenance of Buildings Abroad’’, $25,000,000 ice, as described in subsection (b); and tice.’’; and for the fiscal year 1998 and $75,000,000 for the (3) the humanitarian assistance program de- (2) in the second sentence, by striking ‘‘The fiscal year 1999 are authorized to be appro- scribed in subsection (c). restrictions’’ and inserting the following: priated for the construction of a United States SEC. 1814. DEVELOPMENT OF DEMOCRACY IN THE ‘‘(2) ADDITIONAL REQUIREMENTS.—The restric- Embassy in Jerusalem, Israel. REPUBLIC OF SERBIA. tions’’. (b) LIMITATION ON USE OF FUNDS FOR CON- (a) FINDINGS.—Congress makes the following (c) PRIOR CERTIFICATIONS.—Section 5(c)(2) of SULATE IN JERUSALEM.—None of the funds au- findings: such Act is amended— thorized to be appropriated by this Act should (1) The United States stands as the beacon of (1) in subparagraph (A), by striking ‘‘in ac- be expended for the operation of a United States democracy and freedom in the world. cordance with the principle of equality’’ and all consulate or diplomatic facility in Jerusalem un- (2) A stable and democratic Republic of Serbia that follows and inserting ‘‘to individuals and less such consulate or diplomatic facility is is important to the interests of the United H982 CONGRESSIONAL RECORD — HOUSE March 10, 1998

States, the international community, and to are made available, violate the laws of any for- (6) UNITED NATIONS MEMBER.—The term peace in the Balkans. eign country concerning the circumstances ‘‘United Nations member’’ means any country (3) Democratic forces in the Republic of Serbia under which abortion is permitted, regulated, or that is a member of the United Nations. are beginning to emerge, notwithstanding the prohibited, or engage in any activity or effort to (7) UNITED NATIONS PEACEKEEPING OPER- efforts of Europe’s longest-standing communist alter the laws or governmental policies of any ATION.—The term ‘‘United Nations peacekeeping dictator, Slobodan Milosevic. foreign country concerning the circumstances operation’’ means any United Nations-led oper- (4) The Serbian authorities have sought to under which abortion is permitted, regulated, or ation to maintain or restore international peace continue to hinder the growth of free and inde- prohibited. or security that— pendent news media in the Republic of Serbia, ‘‘(B) Subparagraph (A) shall not apply to ac- (A) is authorized by the Security Council; and in particular the broadcast news media, and tivities in opposition to coercive abortion or in- (B) is paid for from assessed contributions of have harassed journalists performing their pro- voluntary sterilization. United Nations members that are made available fessional duties. ‘‘(3) APPLICATION TO FOREIGN ORGANIZA- for peacekeeping activities. (5) Under Slobodan Milosevic, the political op- TIONS.—The prohibitions of this subsection SEC. 2003. NONDELEGATION OF CERTIFICATION position in Serbia has been denied free, fair, and apply to funds made available to a foreign orga- REQUIREMENTS. equal opportunity to participate in the demo- nization either directly or as a subcontractor or The Secretary of State may not delegate the cratic process. subgrantee, and the certifications required by authority in this division to make any certifi- (b) SENSE OF CONGRESS.—It is the sense of paragraphs (1) and (2) apply to activities in cation. which the organization engages either directly Congress that— TITLE XXI—AUTHORIZATION OF (1) the United States, the international com- or through a subcontractor or subgrantee.’’. APPROPRIATIONS munity, nongovernmental organizations, and (b) Section 301 of the Foreign Assistance Act the private sector should continue to promote of 1961 is amended by adding at the end the fol- SEC. 2101. CONTRIBUTIONS TO INTERNATIONAL the building of democratic institutions and civic lowing new subsection: ORGANIZATIONS. society in the Republic of Serbia, help strength- ‘‘(i) LIMITATION RELATING TO FORCED ABOR- (a) AUTHORIZATION OF APPROPRIATIONS.— en the independent news media, and press for TIONS IN THE PEOPLE’S REPUBLIC OF CHINA.— There are authorized to be appropriated under the Government of the Republic of Serbia to re- Notwithstanding section 614 of this Act or any the heading ‘‘Contributions to International Or- spect the rule of law; and other provision of law, no funds may be made ganizations’’ $901,000,000 for the fiscal year 1998 (2) the normalization of relations between the available for the United Nations Population and $900,000,000 for the fiscal year 1999 for the ‘‘Federal Republic of Yugoslavia’’ (Serbia and Fund (UNFPA) in any fiscal year unless the Department of State to carry out the authori- Montenegro) and the United States requires, President certifies that— ties, functions, duties, and responsibilities in the among other things, that President Milosevic ‘‘(1) UNFPA has terminated all activities in conduct of the foreign affairs of the United and the leadership of Serbia— the People’s Republic of China, and the United States with respect to international organiza- (A) promote the building of democratic institu- States has received assurances that UNFPA will tions and to carry out other authorities in law tions, including strengthening the independent conduct no such activities during the fiscal year consistent with such purposes. news media and respecting the rule of law; for which the funds are to be made available; or (b) NO GROWTH BUDGET.—Of the funds made (B) promote the respect for human rights ‘‘(2) during the 12 months preceding such cer- available for fiscal year 1999 under subsection throughout the ‘‘Federal Republic of Yugo- tification there have been no abortions as the (a), $80,000,000 may be made available only after slavia’’ (Serbia and Montenegro); and result of coercion associated with the family the Secretary of State certifies that the United (C) promote and encourage free, fair, and planning policies of the national government or Nations has taken no action during calendar equal conditions for the democratic opposition other governmental entities within the People’s year 1998 to increase funding for any United in Serbia. Republic of China. Nations program without identifying an offset- As used in this section, the term ‘coercion’ in- SEC. 1815. FUNDS MADE AVAILABLE UNDER ting decrease elsewhere in the United Nations CHAPTER 4 OF PART II OF THE FOR- cludes physical duress or abuse, destruction or budget of $2,533,000,000 and cause the United EIGN ASSISTANCE ACT OF 1961. confiscation of property, loss of means of liveli- Nations to exceed that budget. Not less than $2,000,000 shall be made avail- hood, or severe psychological pressure.’’. (c) INSPECTOR GENERAL OF THE UNITED NA- able under chapter 4 of part II of the Foreign (c) The President may waive the provisions of TIONS.— Assistance Act of 1961 (22 U.S.C. 2346; relating section 104(h)(1) of the Foreign Assistance Act (1) WITHHOLDING OF FUNDS.—Twenty percent to the economic support fund), for fiscal years of 1961, as amended, pertaining to population of the funds made available in each fiscal year 1998 and 1999 to carry out the programs and ac- assistance to foreign organizations that perform under subsection (a) for the assessed contribu- tivities under the Cuban Liberty and Democratic abortions in foreign countries, for any fiscal tion of the United States to the United Nations Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. year: Provided, That if the President exercises shall be withheld from obligation and expendi- 6021 et seq.) and the Cuban Democracy Act of the waiver provided by this subsection for any ture until a certification is made under para- 1992 (22 U.S.C. 6001 et seq.). fiscal year, not to exceed $356,000,000 may be graph (2). made available for population planning activi- SEC. 1816. FOREIGN ORGANIZATIONS THAT PER- (2) CERTIFICATION.—A certification under this FORM OR PROMOTE ABORTION; ties or other population assistance for such fis- paragraph is a certification by the Secretary of FORCED ABORTION IN THE PEO- cal year: Provided further, That the limitation State in the fiscal year concerned that the fol- PLE’S REPUBLIC OF CHINA. in the previous proviso includes all funds for lowing conditions are satisfied: (a) Section 104 of the Foreign Assistance Act programs and activities designed to control fer- (A) ACTION BY THE UNITED NATIONS.—The of 1961 is amended by adding at the end the fol- tility or to reduce or delay childbirths or preg- United Nations— lowing new subsection: nancies, irrespective of the heading under which (i) has met the requirements of paragraphs (1) ‘‘(h) RESTRICTION ON ASSISTANCE TO FOREIGN such funds are made available. through (6) of section 401(b) of the Foreign Re- ORGANIZATIONS THAT PERFORM OR ACTIVELY DIVISION C—UNITED NATIONS REFORM lations Authorization Act, Fiscal Years 1994 and PROMOTE ABORTIONS.— TITLE XX—GENERAL PROVISIONS 1995 (22 U.S.C. 287e note), as amended by para- ‘‘(1) PERFORMANCE OF ABORTIONS.— SEC. 2001. SHORT TITLE. graph (3); ‘‘(A) Notwithstanding section 614 of this Act This division may be cited as the ‘‘United Na- (ii) has established procedures that require the or any other provision of law, no funds appro- tions Reform Act of 1998’’. Under Secretary General of the Office of Inter- priated for population planning activities or nal Oversight Service to report directly to the SEC. 2002. DEFINITIONS. other population assistance may be made avail- In this division: Secretary General on the adequacy of the Of- able for any foreign private, nongovernmental, (1) APPROPRIATE CONGRESSIONAL COMMIT- fice’s resources to enable the Office to fulfill its or multilateral organization until the organiza- TEES.—The term ‘‘appropriate congressional mandate; and tion certifies that it will not, during the period committees’’ means the Committee on Foreign (iii) has made available an adequate amount for which the funds are made available, perform Relations and the Committee on Appropriations of funds to the Office for carrying out its func- abortions in any foreign country, except where of the Senate and the Committee on Inter- tions. the life of the mother would be endangered if national Relations and the Committee on Appro- (B) AUTHORITY OF OIOS.—The Office of Inter- the pregnancy were carried to term or in cases priations of the House of Representatives. nal Oversight Services has authority to audit, of forcible rape or incest. (2) DESIGNATED SPECIALIZED AGENCY DE- inspect, or investigate each program, project, or ‘‘(B) Subparagraph (A) may not be construed FINED.—The term ‘‘designated specialized agen- activity funded by the United Nations, and each to apply to the treatment of injuries or illnesses cy’’ means the International Labor Organiza- executive board created under the United Na- caused by legal or illegal abortions or to assist- tion, the World Health Organization, and the tions has been notified, in writing, of that au- ance provided directly to the government of a Food and Agriculture Organization. thority. country. (3) GENERAL ASSEMBLY.—The term ‘‘General (3) AMENDMENT OF THE FOREIGN RELATIONS ‘‘(2) LOBBYING ACTIVITIES.—(A) Notwithstand- Assembly’’ means the General Assembly of the AUTHORIZATION ACT, FISCAL YEARS 1994 AND ing section 614 of this Act or any other provision United Nations. 1995.—Section 401(b) of the Foreign Relations of law, no funds appropriated for population (4) SECRETARY GENERAL.—The term ‘‘Sec- Authorization Act, Fiscal Years 1994 and 1995 is planning activities or other population assist- retary General’’ means the Secretary General of amended— ance may be made available for any foreign pri- the United Nations. (A) by amending paragraph (6) to read as fol- vate, nongovernmental, or multilateral organi- (5) SECURITY COUNCIL.—The term ‘‘Security lows: zation until the organization certifies that it Council’’ means the Security Council of the ‘‘(6) the United Nations has procedures in will not, during the period for which the funds United Nations. place to ensure that all reports submitted by the March 10, 1998 CONGRESSIONAL RECORD — HOUSE H983

Office of Internal Oversight Service are made (i) REFUND OF EXCESS CONTRIBUTIONS.—The ‘‘(iv) A description of any other United States available to the member states of the United Na- United States shall continue to insist that the assistance to or support for the operation (in- tions without modification except to the extent United Nations and its specialized and affiliated cluding the provision of facilities, training, necessary to protect the privacy rights of indi- agencies shall credit or refund to each member transportation, communication, and logistical viduals.’’; and of the agency concerned its proportionate share support, but not including intelligence activities (B) by striking ‘‘Inspector General’’ each of the amount by which the total contributions reportable under title V of the National Security place it appears and inserting ‘‘Office of Inter- to the agency exceed the expenditures of the Act of 1947 (50 U.S.C. 413 et seq.)) and an esti- nal Oversight Service’’. regular assessed budgets of these agencies. mate of the cost to the United States of such as- (d) PROHIBITION ON CERTAIN GLOBAL CON- SEC. 2102. CONTRIBUTIONS FOR INTERNATIONAL sistance or support. FERENCES.—None of the funds made available PEACEKEEPING ACTIVITIES. ‘‘(v) A reprogramming of funds pursuant to under subsection (a) shall be available for any (a) AUTHORIZATION OF APPROPRIATIONS.— section 34 of the State Department Basic Au- United States contribution to pay for any ex- There are authorized to be appropriated under thorities Act of 1956, submitted in accordance penses related to the holding of a United Na- the heading ‘‘Contributions for International with the procedures set forth in such section, tions Global Conference except any conference Peacekeeping Activities’’ $210,000,000 for the fis- describing the source of funds that will be used that the General Assembly, prior to the date of cal year 1998 and $220,000,000 for the fiscal year to pay for the cost of the new United Nations enactment of this Act, decided to convene. 1999 for the Department of State to carry out the peacekeeping operation, provided that such no- (e) REDUCTION IN NUMBER OF POSTS.— authorities, functions, duties, and responsibil- tification shall also be submitted to the Commit- (1) FISCAL YEAR 1999.—Of the funds authorized ities in the conduct of the foreign affairs of the tee on Appropriations of the House of Rep- to be appropriated for fiscal year 1999 for the United States with respect to international resentatives and the Committee on Appropria- United Nations by subsection (a), $50,000,000 peacekeeping activities and to carry out other tions of the Senate. shall be withheld from obligation and expendi- authorities in law consistent with such pur- ‘‘(3) FORM AND TIMING OF INFORMATION.— ture until the Secretary of State certifies to Con- poses. ‘‘(A) FORM.—The President shall submit in- gress that the number of posts authorized by the (b) CODIFICATION OF REQUIRED NOTICE OF formation under clauses (i) and (iii) of para- General Assembly, has resulted in a net reduc- PROPOSED UNITED NATIONS PEACEKEEPING OP- graph (2)(A) in writing. tion of at least 1,000 posts from the 10,012 posts ERATIONS.— ‘‘(B) TIMING.— authorized under the 1996–97 United Nations bi- (1) CODIFICATION.—Section 4 of the United ‘‘(i) ONGOING OPERATIONS.—The information ennium budget, as a result of a suppression of Nations Participation Act of 1945 (22 U.S.C. required under paragraph (2)(A) for a month that number of posts. 287b) is amended— shall be submitted not later than the 10th day of (2) REPORT.—Not later than October 1, 1998, (A) in subsection (a), by striking the second the month. the Secretary of State shall submit a report to sentence; and ‘‘(ii) NEW OPERATIONS.—The information re- the appropriate congressional committees speci- (B) by striking subsection (e) and inserting quired under paragraph (2)(B) shall be submit- fying— the following: ted in writing with respect to each new United (A) the budget savings associated with the re- ‘‘(e) CONSULTATIONS AND REPORTS ON UNITED Nations peacekeeping operation not less than 15 duction of the 1,000 posts specified in paragraph NATIONS PEACEKEEPING OPERATIONS.— days before the anticipated date of the vote on ‘‘(1) CONSULTATIONS.—Each month the Presi- (1), including any reduction in the United the resolution concerned unless the President dent shall consult with Congress on the status States assessed contribution for the United Na- determines that exceptional circumstances pre- of United Nations peacekeeping operations. tions regular budget resulting from those sav- vent compliance with the requirement to report ‘‘(2) INFORMATION TO BE PROVIDED.—In con- ings; nection with such consultations, the following 15 days in advance. If the President makes such (B) the vacancy rates for United Nations pro- information shall be provided each month to the a determination, the information required under fessional and general service staff contained in designated congressional committees: paragraph (2)(B) shall be submitted as far in the United Nations biennium budget for 1998–99, ‘‘(A) With respect to ongoing United Nations advance of the vote as is practicable. including any reduction in the United States as- peacekeeping operations, the following: ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP- sessed contribution for the United Nations regu- ‘‘(i) A list of all resolutions of the United Na- ERATION DEFINED.—As used in paragraph (2), lar budget resulting from those vacancy rates; tions Security Council anticipated to be voted the term ‘new United Nations peacekeeping op- and on during such month that would extend or eration’ includes any existing or otherwise on- (C) the goals of the United States for further change the mandate of any United Nations going United Nations peacekeeping operation— staff reductions and associated budget savings peacekeeping operation. ‘‘(A) where the authorized force strength is to for the 1998–99 United Nations biennium budget. ‘‘(ii) For each such operation, any changes in be expanded; (f) PROHIBITION ON FUNDING OTHER FRAME- the duration, mandate, and command and con- ‘‘(B) that is to be authorized to operate in a WORK TREATY-BASED ORGANIZATIONS.—None of trol arrangements that are anticipated as a re- country in which it was not previously author- the funds made available for the 1998-1999 bien- sult of the adoption of the resolution. ized to operate; or nium budget under subsection (a) for United ‘‘(iii) An estimate of the total cost to the ‘‘(C) the mandate of which is to be changed so States contributions to the regular budget of the United Nations of each such operation for the that the operation would be engaged in signifi- United Nations shall be available for the United period covered by the resolution, and an esti- cant additional or significantly different func- States proportionate share of any other frame- mate of the amount of that cost that will be as- tions. work treaty-based organization, including the sessed to the United States. ‘‘(5) NOTIFICATION AND QUARTERLY REPORTS Framework Convention on Global Climate ‘‘(iv) Any anticipated significant changes in REGARDING UNITED STATES ASSISTANCE.— Change, the International Seabed Authority, United States participation in or support for ‘‘(A) NOTIFICATION OF CERTAIN ASSISTANCE.— and the 1998 Desertification Convention. each such operation during the period covered ‘‘(i) IN GENERAL.—The President shall notify (g) LIMITATIONS FOR FISCAL YEARS 1999 AND by the resolution (including the provision of fa- the designated congressional committees at least 2000.— cilities, training, transportation, communica- 15 days before the United States provides any (1) IN GENERAL.—The total amount of funds tion, and logistical support, but not including assistance to the United Nations to support made available for all United States member- intelligence activities reportable under title V of peacekeeping operations. ships in international organizations under the the National Security Act of 1947 (50 U.S.C. 413 ‘‘(ii) EXCEPTION.—This subparagraph does not heading ‘‘Contributions to International Orga- et seq.)), and the estimated costs to the United apply to— nizations’’ may not exceed $900,000,000 for each States of such changes. ‘‘(I) assistance having a value of less than of fiscal years 1999 and 2000. ‘‘(B) With respect to each new United Nations $3,000,000 in the case of nonreimbursable assist- (2) CONSULTATIONS WITH CONGRESS.—The Sec- peacekeeping operation that is anticipated to be ance or less than $14,000,000 in the case of reim- retary of State shall regularly consult with the authorized by a Security Council resolution dur- bursable assistance; or appropriate congressional committees regarding ing such month, the following information for ‘‘(II) assistance provided under the emergency the impact, if any, of the limitation in para- the period covered by the resolution: drawdown authority of sections 506(a)(1) and graph (1) on the maintenance of United States ‘‘(i) The anticipated duration, mandate, the 552(c)(2) of the Foreign Assistance Act of 1961 membership in such international organizations. command and control arrangements of such op- (22 U.S.C. 2318(a)(1) and 2348a(c)(2)). (h) FOREIGN CURRENCY EXCHANGE RATES.— eration, the planned exit strategy, and the vital ‘‘(B) QUARTERLY REPORTS.— (1) AUTHORIZATION OF APPROPRIATIONS.—In national interest to be served. ‘‘(i) IN GENERAL.—The President shall submit addition to amounts authorized to be appro- ‘‘(ii) An estimate of the total cost to the quarterly reports to the designated congres- priated by subsection (a), there are authorized United Nations of the operation, and an esti- sional committees on all assistance provided by to be appropriated such sums as may be nec- mate of the amount of that cost that will be as- the United States during the preceding calendar essary for each of fiscal years 1998 and 1999 to sessed to the United States. quarter to the United Nations to support peace- offset adverse fluctuations in foreign currency ‘‘(iii) A description of the functions that keeping operations. exchange rates. would be performed by any United States Armed ‘‘(ii) MATTERS INCLUDED.—Each report under (2) AVAILABILITY OF FUNDS.—Amounts appro- Forces participating in or otherwise operating in this subparagraph shall describe the assistance priated under this subsection shall be available support of the operation, an estimate of the provided for each such operation, listed by cat- for obligation and expenditure only to the ex- number of members of the Armed Forces that egory of assistance. tent that the Director of the Office of Manage- will participate in or otherwise operate in sup- ‘‘(iii) FOURTH QUARTER REPORT.—The report ment and Budget determines and certifies to port of the operation, and an estimate of the under this subparagraph for the fourth calendar Congress that such amounts are necessary due cost to the United States of such participation quarter of each year shall be submitted as part to such fluctuations. or support. of the annual report required by subsection (d) H984 CONGRESSIONAL RECORD — HOUSE March 10, 1998

and shall include cumulative information for port of all United Nations peacekeeping oper- ‘‘(2) AVAILABILITY.—Amounts credited under the preceding calendar year. ations. paragraph (1) shall be merged with the appro- ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT- ‘‘(b) UNITED NATIONS MEMBER COSTS.—The priations, or with appropriations in the fund or TEES.—In this section, the term ‘designated con- United States shall request that the United Na- account, to which credited and shall be avail- gressional committees’ means the Committee on tions compile and publish information concern- able for the same purposes, and subject to the Foreign Relations and the Committee on Appro- ing costs incurred by United Nations members in same conditions and limitations, as the appro- priations of the Senate and the Committee on support of such operations.’’. priations with which merged. International Relations and the Committee on SEC. 2203. REIMBURSEMENT FOR GOODS AND ‘‘(c) COVERED ASSISTANCE.—Subsection (a) ap- Appropriations of the House of Representa- SERVICES PROVIDED BY THE plies to assistance provided under the following tives.’’. UNITED STATES TO THE UNITED NA- provisions of law: (2) CONFORMING REPEAL.—Subsection (a) of TIONS. ‘‘(1) Sections 6 and 7 of this Act. section 407 of the Foreign Relations Authoriza- The United Nations Participation Act of 1945 ‘‘(2) Sections 451, 506(a)(1), 516, 552(c), and 607 tion Act, Fiscal Years 1994 and 1995 (Public Law (22 U.S.C. 287 et seq.) is amended by adding at of the Foreign Assistance Act of 1961. ‘‘(3) Any other provisions of law pursuant to 103–236; 22 U.S.C. 287b note; 108 Stat. 448) is re- the end the following new section: which assistance is provided by the United pealed. ‘‘SEC. 10. REIMBURSEMENT FOR GOODS AND States to carry out the mandate of an assessed (c) RELATIONSHIP TO OTHER NOTICE REQUIRE- SERVICES PROVIDED BY THE United Nations peacekeeping operation. MENTS.—Section 4 of the United Nations Partici- UNITED STATES TO THE UNITED NA- TIONS. ‘‘(d) WAIVER.— pation Act of 1945, as amended by subsection ‘‘(1) AUTHORITY.— ‘‘(a) REQUIREMENT TO OBTAIN REIMBURSE- (b), is further amended by adding at the end the ‘‘(A) IN GENERAL.—The President may author- MENT.— following: ize the furnishing of assistance covered by this ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(g) RELATIONSHIP TO OTHER NOTIFICATION section without regard to subsection (a) if the graph (2), the President shall seek and obtain in REQUIREMENTS.—Nothing in this section is in- President determines, and so notifies in writing a timely fashion a commitment from the United tended to alter or supersede any notification re- the Committee on Foreign Relations of the Sen- Nations to provide reimbursement to the United quirement with respect to peacekeeping oper- ate and the Speaker of the House of Representa- States from the United Nations whenever the ations that is established under any other provi- tives, that to do so is important to the security United States Government furnishes assistance sion of law.’’. interests of the United States. pursuant to the provisions of law described in ‘‘(B) CONGRESSIONAL NOTIFICATION.—When TITLE XXII—UNITED NATIONS ACTIVITIES subsection (c)— exercising the authorities of subparagraph (A), SEC. 2201. UNITED NATIONS POLICY ON ISRAEL ‘‘(A) to the United Nations when the assist- the President shall notify the appropriate con- AND THE PALESTINIANS. ance is designed to facilitate or assist in carry- gressional committees in accordance with the (a) CONGRESSIONAL STATEMENT.—It shall be ing out an assessed peacekeeping operation; procedures applicable to reprogramming notifi- the policy of the United States to promote an ‘‘(B) for any United Nations peacekeeping op- cations under section 634A of the Foreign Assist- end to the persistent inequity experienced by eration that is authorized by the United Nations ance Act of 1961. Israel in the United Nations whereby Israel is Security Council under Chapter VI or Chapter the only longstanding member of the organiza- ‘‘(2) CONGRESSIONAL REVIEW.—Notwithstand- VII of the United Nations Charter and paid for ing a notice under paragraph (1) with respect to tion to be denied acceptance into any of the by peacekeeping or regular budget assessment of United Nation’s regional blocs. assistance covered by this section, subsection (a) the United Nations members; or shall apply to the furnishing of the assistance (b) POLICY ON ABOLITION OF CERTAIN UNITED ‘‘(C) to any country participating in any op- if, not later than 15 calendar days after receipt NATIONS GROUPS.—It shall be the policy of the eration authorized by the United Nations Secu- of a notification under that paragraph, the United States to seek abolition of certain United rity Council under Chapter VI or Chapter VII of Nations groups the existence of which is inimi- Congress enacts a joint resolution disapproving the United Nations Charter and paid for by the determination of the President contained in cal to the ongoing Middle East peace process, peacekeeping assessments of United Nations those groups being the Special Committee to In- the notification. members when the assistance is designed to fa- ‘‘(3) SENATE PROCEDURES.—Any joint resolu- vestigate Israeli Practices Affecting the Human cilitate or assist the participation of that coun- tion described in paragraph (2) shall be consid- Rights of the Palestinian People and other try in the operation. ered in the Senate in accordance with the provi- Arabs of the Occupied Territories; the Commit- ‘‘(2) EXCEPTIONS.—(A) The requirement in sions of section 601(b) of the International Secu- tee on the Exercise of the Inalienable Rights of paragraph (1) shall not apply to— rity Assistance and Arms Export Control Act of the Palestinian People; the Division for the Pal- ‘‘(i) goods and services provided to the United 1976. estinian Rights; and the Division on Public In- States Armed Forces; ‘‘(e) RELATIONSHIP TO OTHER REIMBURSEMENT formation on the Question of Palestine. ‘‘(ii) assistance having a value of less than AUTHORITY.—Nothing in this section shall pre- (c) ANNUAL REPORTS.—On January 15 of each $3,000,000 per fiscal year per operation; clude the President from seeking reimbursement year, the Secretary of State shall submit a re- ‘‘(iii) assistance furnished before the date of for assistance covered by this section that is in port to the appropriate congressional committees enactment of this section; addition to the reimbursement sought for the as- (in classified or unclassified form as appro- ‘‘(iv) salaries and expenses of civilian police sistance under subsection (a). priate) on— and other civilian and military monitors where ‘‘(f) DEFINITION.—In this section, the term ‘as- (1) actions taken by representatives of the United Nations policy is to require payment by sistance’ includes personnel, services, supplies, United States to encourage the nations of the contributing members for similar assistance to equipment, facilities, and other assistance if Western Europe and Others Group (WEOG) to United Nations peacekeeping operations; or such assistance is provided by the Department accept Israel into their regional bloc; ‘‘(v) any assistance commitment made before of Defense or any other United States Govern- (2) other measures being undertaken, and the date of enactment of the United Nations Re- ment agency.’’. which will be undertaken, to ensure and pro- form Act of 1998. SEC. 2204. UNITED STATES POLICY REGARDING mote Israel’s full and equal participation in the ‘‘(B) The requirements of subsection (d)(1)(B) UNITED NATIONS PEACEKEEPING United Nations; and shall not apply to the deployment of United OPERATIONS. (3) steps taken by the United States to secure States military forces when the President deter- It shall be the policy of the United States— abolition by the United Nations of groups under mines that such deployment is important to the (1) to ensure that major peacekeeping oper- subsection (b). security interests of the United States. The cost ations (in general, those comprised of more than (d) ANNUAL CONSULTATION.—At the time of of such deployment shall be included in the data 10,000 troops) authorized by the United Nations the submission of each annual report under sub- provided under section 554 of the Foreign Assist- Security Council under Chapter VII of the section (c), the Secretary of State shall consult ance Act of 1961. United Nations Charter (or missions such as the with the appropriate congressional committees ‘‘(3) FORM AND AMOUNT.— United Nations Protection Force (UNPROFOR)) on specific responses received by the Secretary ‘‘(A) AMOUNT.—The amount of any reimburse- are undertaken by a competent regional organi- of State from each of the nations of the Western ment under this subsection shall be determined zation or a multinational force, and not estab- Europe and Others Group (WEOG) on their po- at the usual rate established by the United Na- lished as a peacekeeping operation under sition concerning Israel’s acceptance into their tions. United Nations operational control which would organization. ‘‘(B) FORM.—Reimbursement under this sub- be paid for by assessment of United Nations SEC. 2202. DATA ON COSTS INCURRED IN SUP- section may include credits against the United members; PORT OF UNITED NATIONS PEACE- States assessed contributions for United States (2) to consider, on a case-by-case basis, KEEPING OPERATIONS. peacekeeping operations, if the expenses in- whether it is in the national interest of the Chapter 6 of part II of the Foreign Assistance curred by any United States department or United States to agree that smaller peacekeeping Act of 1961 (22 U.S.C. 2348 et seq.) is amended by agency providing the assistance have first been operations authorized by the United Nations Se- adding at the end the following: reimbursed. curity Council under Chapter VII of the United ‘‘SEC. 554. DATA ON COSTS INCURRED IN SUP- ‘‘(b) TREATMENT OF REIMBURSEMENTS.— Nations Charter and paid for by assessment of PORT OF UNITED NATIONS PEACE- ‘‘(1) CREDIT.—The amount of any reimburse- United Nations members (such as the United KEEPING OPERATIONS. ment paid the United States under subsection Nations Transitional Authority in Slavonia ‘‘(a) UNITED STATES COSTS.—The United (a) shall be credited to the current applicable (UNTAES)) should be established as peacekeep- States shall annually provide to the Secretary appropriation, fund, or account of the United ing operations under United Nations oper- General of the United Nations data regarding States department or agency providing the as- ational control which would be paid for by as- all costs incurred by the United States in sup- sistance for which the reimbursement is paid. sessment of United Nations members; and March 10, 1998 CONGRESSIONAL RECORD — HOUSE H985 (3) to oppose the establishment of United Na- thorization Act, Fiscal Years 1994 and 1995 SEC. 2303. FORGIVENESS OF AMOUNTS OWED BY tions peace operations approved by the General (Public Law 103–236) shall not apply to United THE UNITED NATIONS TO THE Assembly and funded out of the regular budget Nations peacekeeping operation assessments re- UNITED STATES. of the United Nations. ceived by the United States prior to October 1, (a) FORGIVENESS OF INDEBTEDNESS.—Subject to subsection (b), the President is authorized to SEC. 2205. REFORM IN BUDGET DECISIONMAKING 1995. forgive or reduce any amount owed by the PROCEDURES OF THE UNITED NA- SEC. 2302. OBLIGATION AND EXPENDITURE OF TIONS AND ITS SPECIALIZED AGEN- FUNDS. United Nations to the United States as a reim- CIES. bursement, including any reimbursement pay- (a) IN GENERAL.—Funds made available pur- able under the Foreign Assistance Act of 1961 or For the fiscal year 1999, the President may suant to section 2301 may be obligated and ex- the United Nations Participation Act of 1945. withhold funds for the United States assessed pended only if the requirements of subsections (b) LIMITATIONS.— contribution to the United Nations or to any of (b) and (c) of this section are satisfied. its specialized agencies in the same percentage (1) TOTAL AMOUNT.—The total of amounts for- (b) OBLIGATION AND EXPENDITURE UPON SAT- and subject to the same requirements as are ap- given or reduced under subsection (a) may not ISFACTION OF CERTIFICATION REQUIREMENTS.— plicable to the withholding of funds under sec- exceed $107,000,000. Subject to subsection (e), funds made available tion 409 of the Foreign Relations Authorization (2) RELATION TO UNITED STATES ARREAR- pursuant to section 2301 may be obligated and Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e AGES.—Amounts shall be forgiven or reduced expended only in the following allotments and note). under this section only to the same extent as the upon the following certifications: United Nations forgives or reduces amounts SEC. 2206. CONTINUED EXTENSION OF PRIVI- (1) Amounts authorized to be appropriated for LEGES, EXEMPTIONS, AND IMMUNI- owed by the United States to the United Nations TIES OF THE INTERNATIONAL ORGA- fiscal year 1998, upon the certification described as of September 30, 1997. NIZATIONS IMMUNITIES ACT TO in section 2311. (c) REQUIREMENTS.—The authority in sub- UNIDO. (2) Amounts authorized to be appropriated for section (a) shall be available only to the extent Section 12 of the International Organizations fiscal year 1999, upon the certification described and in the amounts provided in advance in ap- Immunities Act (22 U.S.C. 288f–2) is amended by in section 2321. propriations Acts. inserting ‘‘and the United Nations Industrial (3) Amounts authorized to be appropriated for (d) CONGRESSIONAL NOTIFICATION.—Before ex- Development Organization’’ after ‘‘Inter- fiscal year 2000, upon the certification described ercising any authority in subsection (a), the national Labor Organization’’. in section 2331. President shall notify the appropriate congres- SEC. 2207. SENSE OF THE CONGRESS REGARDING (c) ADVANCE CONGRESSIONAL NOTIFICATION.— sional committees in accordance with the same COMPLIANCE WITH CHILD AND Funds made available pursuant to section 2301 procedures as are applicable to reprogramming SPOUSAL SUPPORT OBLIGATIONS BY may be obligated and expended only if the ap- notifications under section 634A of the Foreign UNITED NATIONS PERSONNEL. propriate certification has been submitted to the Assistance Act of 1961 (22 U.S.C. 2394–1). (a) SENSE OF CONGRESS.—It is the sense of the appropriate congressional committees 30 days (e) EFFECTIVE DATE.—This section shall take Congress that— prior to the payment of the funds. effect on the later of— (1) all United Nations staff, including dip- (d) TRANSMITTAL OF CERTIFICATIONS.—Certifi- (1) the date a certification is transmitted to lomats, should comply with binding United cations made under this chapter shall be trans- the appropriate congressional committees under States Federal, State, and local court orders re- mitted by the Secretary of State to the appro- section 2331; or garding child and spousal support obligations; priate congressional committees. (2) October 1, 1999. (2) the internal regulations of the United Na- (e) WAIVER AUTHORITY.— Subchapter B—United States Sovereignty tions allows— (1) FISCAL YEAR 1999 FUNDS.—Subject to para- SEC. 2311. CERTIFICATION REQUIREMENTS. (A) the United Nations to release staff salary graph (3) and notwithstanding subsection (b), (a) CONTENTS OF CERTIFICATION.—A certifi- information to the courts in spousal and child funds made available under section 2301 may be cation described in this section is a certification support cases; obligated or expended pursuant to subsection by the Secretary of State that the following con- (B) the Secretary General to authorize deduc- (b)(2) even if the Secretary of State cannot cer- ditions are satisfied: tion of dependency related allowances from staff tify that one of the following three conditions (1) SUPREMACY OF THE UNITED STATES CON- salary; has been satisfied: (C) the United Nations to cooperate with ap- STITUTION.—No action has been taken by the (A) The condition described in section propriate authorities to facilitate proper legal or United Nations or any of its specialized or affili- 2321(b)(1). judicial resolution of the family’s claim. ated agencies that requires the United States to (B) The condition described in section (b) CONGRESSIONAL STATEMENT.—The Sec- violate the United States Constitution or any 2321(b)(4). retary of State should urge the United Nations law of the United States. (C) The condition described in section to comply fully with regulations regarding com- (2) NO UNITED NATIONS SOVEREIGNTY.—Neither pliance with child and spousal support obliga- 2321(b)(5). the United Nations nor any of its specialized or tions by United Nations personnel, in a timely (2) FISCAL YEAR 2000 FUNDS.—Subject to para- affiliated agencies— manner and to the fullest extent possible. graph (3) and notwithstanding subsection (b), (A) has exercised sovereignty over the United funds made available under section 2301 may be States; or TITLE XXIII—ARREARS PAYMENTS AND obligated or expended pursuant to subsection REFORM (B) has taken any steps that require the (b)(3) even if the Secretary of State cannot cer- United States to cede sovereignty. CHAPTER 1—ARREARAGES TO THE tify that one of the following seven conditions (3) NO UNITED NATIONS TAXATION.— UNITED NATIONS has been satisfied: A condition described in (A) NO LEGAL AUTHORITY.—Except as pro- Subchapter A—Authorization of Appropria- paragraph (3), (4), (5), (6), (7), (8),or (9) of sec- vided in subparagraph (D), neither the United tions; Obligation and Expenditure of Funds tion 2331(b). Nations nor any of its specialized or affiliated SEC. 2301. AUTHORIZATION OF APPROPRIATIONS. (3) REQUIREMENTS.— agencies has the authority under United States (a) IN GENERAL.—There are authorized to be (A) IN GENERAL.—The authority to waive a law to impose taxes or fees on United States na- appropriated to the Department of State for condition under paragraph (1) or (2) of this sub- tionals. payment of arrearages owed by the United section may be exercised only if— (B) NO TAXES OR FEES.—Except as provided in States described in subsection (b) as of Septem- (i) the Secretary of State determines that sub- subparagraph (D), a tax or fee has not been im- ber 30, 1997— stantial progress towards satisfying the condi- posed on any United States national by the (1) $100,000,000 for fiscal year 1998; tion has been made and that the expenditure of United Nations or any of its specialized or affili- (2) $475,000,000 for fiscal year 1999; and funds pursuant to that paragraph is important ated agencies. (3) $244,000,000 for fiscal year 2000. to the interests of the United States; and (C) NO TAXATION PROPOSALS.—Except as pro- (b) LIMITATION.—Amounts made available (ii) the Secretary of State has notified, and vided in subparagraph (D), neither the United under subsection (a) are authorized to be avail- consulted with, the appropriate congressional Nations nor any of its specialized or affiliated able only— committees prior to exercising the authority. agencies has, on or after October 1, 1996, offi- (1) to pay the United States share of assess- (B) EFFECT ON SUBSEQUENT CERTIFICATION.— cially approved any formal effort to develop, ad- ments for the regular budget of the United Na- If the Secretary of State exercises the authority vocate, or promote any proposal concerning the tions; of paragraph (1) with respect to a condition, imposition of a tax or fee on any United States (2) to pay the United States share of United such condition shall be deemed to have been sat- national in order to raise revenue for the United Nations peacekeeping operations; isfied for purposes of making any certification Nations or any such agency. (3) to pay the United States share of United under section 2331. (D) EXCEPTION.—This paragraph does not Nations specialized agencies; and (4) ADDITIONAL REQUIREMENT.—If the author- apply to— (4) to pay the United States share of other ity to waive a condition under paragraph (1)(A) (i) fees for publications or other kinds of fees international organizations. is exercised, the Secretary of State shall notify that are not tantamount to a tax on United (c) AVAILABILITY OF FUNDS.—Amounts appro- the United Nations that the Congress does not States citizens; priated pursuant to subsection (a) are author- consider the United States obligated to pay, and (ii) the World Intellectual Property Organiza- ized to remain available until expended. does not intend to pay, arrearages that have not tion; or (d) STATUTORY CONSTRUCTION.—For purposes been included in the contested arrearages ac- (iii) the staff assessment costs of the United of payments made pursuant to subsection (a), count or other mechanism described in section Nations and its specialized or affiliated agen- section 404(b)(2) of the Foreign Relations Au- 2321(b)(1). cies. H986 CONGRESSIONAL RECORD — HOUSE March 10, 1998

(4) NO STANDING ARMY.—The United Nations (4) REVIEW OF REGULAR BUDGET-FUNDED procedures designed to ensure compliance with has not, on or after October 1, 1996, budgeted PEACE OPERATIONS.—The mandates of the the recommendations of the inspector general of any funds for, nor taken any official steps to United Nations Truce Supervision Organization the agency. develop, create, or establish any special agree- (UNTSO) and the United Nations Military Ob- (F) AVAILABILITY OF REPORTS.—Each des- ment under Article 43 of the United Nations server Group in India and Pakistan ignated specialized agency has in place proce- Charter to make available to the United Na- (UNMOGIP) are reviewed annually by the Secu- dures to ensure that all annual and other rel- tions, on its call, the armed forces of any mem- rity Council, and are subject to the notification evant reports submitted by the inspector general ber of the United Nations. requirements pursuant to section 4(e) of the to the agency are made available to the member (5) NO INTEREST FEES.—The United Nations United Nations Participation Act of 1945, as states without modification except to the extent has not, on or after October 1, 1996, levied inter- amended by section 2102(b) of this Act. necessary to protect the privacy rights of indi- est penalties against the United States or any (5) PROCUREMENT.— viduals. interest on arrearages on the annual assessment (A) PROHIBITION ON PUNITIVE ACTIONS.—The (3) NEW BUDGET PROCEDURES FOR THE UNITED of the United States, and neither the United Na- United Nations has implemented a system that NATIONS.—The United Nations has established tions nor its specialized agencies have, on or prohibits punitive actions, such as suspension of and is implementing budget procedures that— after October 1, 1996, amended their financial contract eligibility against contractors on the (A) require the maintenance of a budget not regulations or taken any other action that basis that they have challenged contract awards in excess of the level agreed to by the General would permit interest penalties to be levied or complained about delayed payments. Assembly at the beginning of each United Na- tions budgetary biennium, unless increases are against the United States or otherwise charge (B) PUBLIC ANNOUNCEMENT OF CERTAIN CON- agreed to by consensus; and the United States any interest on arrearages on TRACT AWARDS.—The United Nations has imple- (B) require the systemwide identification of its annual assessment. mented a system for public announcement of the expenditures by functional categories such as (6) UNITED STATES REAL PROPERTY RIGHTS.— award of any contract over $100,000. personnel, travel, and equipment. Neither the United Nations nor any of its spe- (C) NOTIFICATION OF UNSUCCESSFUL BID- (4) SUNSET POLICY FOR CERTAIN UNITED NA- cialized or affiliated agencies has exercised au- DERS.—The United Nations has implemented a TIONS PROGRAMS.— thority or control over any United States na- system to notify unsuccessful bidders for con- (A) EXISTING AUTHORITY.—The Secretary Gen- tional park, wildlife preserve, monument, or real tracts and to provide an explanation upon re- eral and the Director General of each des- property, nor has the United Nations nor any of quest of the reason for rejection of their bids. ignated specialized agency have used their exist- its specialized or affiliated agencies implemented (D) PERIODIC REPORTING TO UNITED NATIONS ing authorities to require program managers plans, regulations, programs, or agreements that MEMBERS.—The United Nations reports to all within the United Nations Secretariat and the exercise control or authority over the private United Nations members on a regular basis the Secretariats of the designated specialized agen- real property of United States citizens located in value and a brief description of local procure- cies to conduct evaluations of United Nations the United States without the approval of the ment contracts awarded in excess of $70,000. programs approved by the General Assembly property owner. Subchapter D—Budget and Personnel Reform and of programs of the designated specialized ERMINATION OF BORROWING AUTHORITY.— (7) T agencies in accordance with the standardized (A) PROHIBITION ON AUTHORIZATION OF EX- SEC. 2331. CERTIFICATION REQUIREMENTS. methodology referred to in subparagraph (B). TERNAL BORROWING.—On or after the date of en- (a) IN GENERAL.—A certification described in (B) DEVELOPMENT OF EVALUATION CRITERIA.— this section is a certification by the Secretary of actment of this Act, neither the United Nations (i) UNITED NATIONS.—The Office of Internal nor any specialized agency of the United Na- State that the following conditions in subsection Oversight Services has developed a standardized tions has amended its financial regulations to (b) are satisfied. Such certification shall not be methodology for the evaluation of United Na- permit external borrowing. made by the Secretary if the Secretary deter- tions programs approved by the General Assem- (B) PROHIBITION OF UNITED STATES PAYMENT mines that any of the conditions set forth in sec- bly, including specific criteria for determining OF INTEREST COSTS.—The United States has not, tions 2311 and 2321 are no longer satisfied. the continuing relevance and effectiveness of (b) CONDITIONS.—The conditions under this on or after October 1, 1984, paid its share of any the programs. interest costs made known to or identified by the subsection are the following: (ii) DESIGNATED SPECIALIZED AGENCIES.—Pat- United States Government for loans incurred, on (1) LIMITATION ON ASSESSED SHARE OF REGU- terned on the work of the Office of Internal or after October 1, 1984, by the United Nations LAR BUDGET.—The share of the total of all as- Oversight Services of the United Nations, each or any specialized agency of the United Nations sessed contributions for the regular budget of designated specialized agency has developed a through external borrowing. the United Nations, or any designated special- standardized methodology for the evaluation of (b) TRANSMITTAL.—The Secretary of State ized agency of the United Nations, does not ex- programs of designated specialized agencies, in- may transmit a certification under subsection ceed 20 percent for any single United Nations cluding specific criteria for determining the con- (a) at any time during fiscal year 1998 or there- member. tinuing relevance and effectiveness of the pro- after if the requirements of the certification are (2) INSPECTORS GENERAL FOR CERTAIN ORGANI- grams. satisfied. ZATIONS.— (C) PROCEDURES.—Consistent with the July Subchapter C—Reform of Assessments and (A) ESTABLISHMENT OF OFFICES.—Each des- 16, 1997, recommendations of the Secretary Gen- United Nations Peacekeeping Operations ignated specialized agency has established an eral of the United Nations regarding a sunset SEC. 2321. CERTIFICATION REQUIREMENTS. independent office of inspector general to con- policy and results-based budgeting for United (a) IN GENERAL.—A certification described in duct and supervise objective audits, inspections, Nations programs, the United Nations and each this section is a certification by the Secretary of and investigations relating to the programs and designated specialized agency has established State that the conditions in subsection (b) are operations of the organization. and is implementing procedures— satisfied. Such certification shall not be made by (B) APPOINTMENT OF INSPECTORS GENERAL.— (i) requiring the Secretary General or the Di- the Secretary if the Secretary determines that The Director General of each designated special- rector General of the agency, as the case may any of the conditions set forth in section 2311 ized agency has appointed an inspector general, be, to report on the results of evaluations re- are no longer satisfied. with the approval of the member states, and ferred to in this paragraph, including the iden- (b) CONDITIONS.—The conditions under this that appointment was made principally on the tification of programs that have met criteria for subsection are the following: basis of the appointee’s integrity and dem- continuing relevance and effectiveness and pro- (1) CONTESTED ARREARAGES.—The United Na- onstrated ability in accounting, auditing, finan- posals to terminate or modify programs that tions has established an account or other appro- cial analysis, law, management analysis, public have not met such criteria; and priate mechanism with respect to all United administration, or investigations. (ii) authorizing an appropriate body within States arrearages incurred before the date of en- (C) ASSIGNED FUNCTIONS.—Each inspector the United Nations or the agency, as the case actment of this Act with respect to which pay- general appointed under subparagraph (A) is may be, to review each evaluation referred to in ments are not authorized by this Act, and the authorized to— this paragraph and report to the General Assem- failure to pay amounts specified in the account (i) make investigations and reports relating to bly on means of improving the program con- do not affect the application of Article 19 of the the administration of the programs and oper- cerned or on terminating the program. Charter of the United Nations. The account es- ations of the agency concerned; (D) UNITED STATES POLICY.—It shall be the tablished under this paragraph may be referred (ii) have access to all records, documents, and policy of the United States to seek adoption by to as the ‘‘contested arrearages account’’. other available materials relating to those pro- the United Nations of a resolution requiring (2) LIMITATION ON ASSESSED SHARE OF BUDGET grams and operations of the agency concerned; that each United Nations program approved by FOR UNITED NATIONS PEACEKEEPING OPER- and the General Assembly, and to seek adoption by ATIONS.—The assessed share of the budget for (iii) have direct and prompt access to any offi- each designated specialized agency of a resolu- each assessed United Nations peacekeeping op- cial of the agency concerned. tion requiring that each program of the agency, eration does not exceed 25 percent for any single (D) COMPLAINTS.—Each designated special- be subject to an evaluation referred to in this United Nations member. ized agency has procedures in place designed to paragraph and have a specific termination date (3) LIMITATION ON ASSESSED SHARE OF REGU- protect the identity of, and to prevent reprisals so that the program will not be renewed unless LAR BUDGET FOR THE DESIGNATED SPECIALIZED against, any staff member making a complaint the evaluation demonstrates the continuing rel- AGENCIES.—The share of the total of all assessed or disclosing information to, or cooperating in evance and effectiveness of the program. contributions for the regular budget of the any investigation or inspection by, the inspector (E) DEFINITION.—For purposes of this para- United Nations or any designated specialized general of the agency. graph, the term ‘‘United Nations program ap- agency does not exceed 22 percent for any single (E) COMPLIANCE WITH RECOMMENDATIONS.— proved by the General Assembly’’ means a pro- United Nations member. Each designated specialized agency has in place gram approved by the General Assembly of the March 10, 1998 CONGRESSIONAL RECORD — HOUSE H987 United Nations, which is administered or funded CHAPTER 2—MISCELLANEOUS Specifically, Section 313 provides that the by the United Nations. PROVISIONS Under Secretary will have primary respon- (5) UNITED NATIONS ADVISORY COMMITTEE ON SEC. 2341. STATUTORY CONSTRUCTION ON RELA- sibility for assisting the Secretary and Dep- ADMINISTRATIVE AND BUDGETARY QUESTIONS.— TION TO EXISTING LAWS. uty Secretary in carrying out the public di- (A) IN GENERAL.—The United States has a Except as otherwise specifically provided, plomacy function. Additionally, although seat on the United Nations Advisory Committee nothing in this title may be construed to make the bill provides, as did the original Senate on Administrative and Budgetary Questions or available funds in violation of any provision of bill, that the new Under Secretary will have the five largest member contributors each have a law containing a specific prohibition or restric- responsibility for assisting the Secretary and seat on the Advisory Committee. tion on the use of the funds, including section Deputy Secretary with regard to inter- (B) DEFINITION.—As used in this paragraph, 114 of the Department of State Authorization national broadcasting, the authorities of the the term ‘‘5 largest member contributors’’ means Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e Department of State with regard to broad- the 5 United Nations member states that, during note) and section 151 of the Foreign Relations casting are limited. While the Secretary has a United Nations budgetary biennium, have Authorization Act, Fiscal Years 1986 and 1987 a seat and vote on the Broadcasting Board of more total assessed contributions than any other (22 U.S.C. 287e note), and section 404 of the For- Governors, and she provides foreign policy United Nations member state to the aggregate of eign Relations Authorization Act, Fiscal Years guidance to the Board, neither she nor the the United Nations regular budget and the 1994 and 1995 (22 U.S.C. 287e note). Under Secretary will have specific super- visory powers over the international broad- budget (or budgets) for United Nations peace- SEC. 2342. PROHIBITION ON PAYMENTS RELAT- casting function; those powers are vested in keeping operations. ING TO UNIDO AND OTHER INTER- the Broadcasting Board of Governors, as ex- (6) ACCESS BY THE GENERAL ACCOUNTING OF- NATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS plained below. FICE.—The United Nations has in effect proce- WITHDRAWN OR RESCINDED FUND- Chapter 3 of Title III provides for the orga- dures providing access by the United States ING. nization of all U.S.-sponsored international General Accounting Office to United Nations fi- None of the funds authorized to be appro- broadcasting. It is very similar to the origi- nancial data to assist the Office in performing priated by this division shall be used to pay any nal Senate bill (S. 903), with several modi- nationally mandated reviews of United Nations arrearage for— fications. The central element of this chap- operations. (1) the United Nations Industrial Development ter is that the current Broadcasting Board of (7) PERSONNEL.— Organization; Governors—which supervises international (A) APPOINTMENT AND SERVICE OF PERSON- (2) any costs to merge that organization into broadcasting, but is currently part of the NEL.—The Secretary General— the United Nations; U.S. Information Agency—will remain in (i) has established and is implementing proce- (3) the costs associated with any other organi- place, but it will not be merged into the De- dures that ensure that staff employed by the zation of the United Nations from which the partment of State. Instead, the Board will United Nations is appointed on the basis of United States has withdrawn including the become an independent federal establish- merit consistent with Article 101 of the United costs of the merger of such organization into the ment. Nations Charter; and United Nations; or The Broadcasting Board of Governors was (ii) is enforcing those contractual obligations (4) the World Tourism Organization, or any established by the United States Inter- requiring worldwide availability of all profes- other international organization with respect to national Broadcasting Act of 1994 (Title III sional staff of the United Nations to serve and which Congress has rescinded funding. of the Foreign Relations Authorization Act be relocated based on the needs of the United And the Senate agree to the same. for Fiscal Years 1994–1995, P.L. 103–236). In Nations. For consideration of the House bill and the that Act, Congress consolidated all U.S.- (B) CODE OF CONDUCT.—The General Assem- Senate amendment, and modifications com- sponsored international broadcasting—the bly has adopted, and the Secretary General has mitted to conference: Voice of America (VOA), Radio and TV the authority to enforce and is effectively en- BENJAMIN A. GILMAN, Marti, Worldnet TV, Radio Free Europe/ forcing, a code of conduct binding on all United HENRY HYDE, Radio Liberty (RFE/RL), and Radio Free Nations personnel, including the requirement of CHRISTOPHER H. SMITH, Asia (RFA)—under the direction and super- financial disclosure statements binding on sen- For consideration of the House bill (except vision of one governing board. The Board is ior United Nations personnel and the establish- title XXI) and the Senate amendment, and part of the United States Information Agen- ment of rules against nepotism that are binding modifications committed to conference: cy, although in essence it is a self-contained on all United Nations personnel. WILLIAM GOODLING, unit within the Agency. DAN BURTON, The bill does not alter the consolidation (C) PERSONNEL EVALUATION SYSTEM.—The DOUG BEREUTER, United Nations has adopted and is enforcing a achieved in 1994, but it does prevent the Managers on the part of the House. personnel evaluation system. Board and the international broadcasting en- JESSE HELMS, tities from being merged into the State De- (D) PERIODIC ASSESSMENTS.—The United Na- PAUL COVERDELL, partment, where the credibility and journal- tions has established and is implementing a CHUCK HAGEL, istic integrity of the broadcasters would be mechanism to conduct periodic assessments of ROD GRAMS, threatened. The rationale for creating this the United Nations payroll to determine total Managers on the part of the Senate. arms-length distance from the State Depart- staffing, and the results of such assessments are ment is two-fold: (1) to provide ‘‘deniability’’ reported in an unabridged form to the General JOINT EXPLANATORY STATEMENT OF for the Department when foreign govern- Assembly. THE COMMITTEE OF CONFERENCE ments voice their complaints about specific (E) REVIEW OF UNITED NATIONS ALLOWANCE The managers on the part of the House and broadcasts; and (2) to provide a ‘‘firewall’’ SYSTEM.—The United States has completed a the Senate at the conference on the disagree- between the Department and the broad- thorough review of the United Nations person- ing votes of the two Houses on the amend- casters to ensure the integrity of the jour- nel allowance system. The review shall include ment of the Senate to the bill (H.R. 1757) to nalism. a comparison of that system with the United consolidate international affairs agencies, to authorize appropriations for the Department Establishing this structure is not to deny States civil service, and shall make recommenda- that the broadcast entities are funded by the tions to reduce entitlements to allowances and of State and related agencies for fiscal years 1998 and 1999, and to ensure that the enlarge- United States government—quite obviously, allowance funding levels from the levels in effect they are. This structure in no way should be on January 1, 1998. ment of the North Atlantic Treaty Organiza- tion (NATO) proceeds in a manner consistent construed to lessen the responsibility of the (8) REDUCTION IN BUDGET AUTHORITIES.—The Board to ensure that U.S. broadcasts are designated specialized agencies have achieved a with United States interests, to strengthen relations between the United States and ‘‘consistent with the broad foreign policy ob- negative growth budget in their biennium budg- jectives of the United States,’’ as required by ets for 2000–01 from the 1998–99 biennium budget Russia, to preserve the prerogatives of the Congress with respect to certain arms con- Section 303(a)(1) of the 1994 Broadcasting levels of the respective agencies. Act. For example, this legislation states that (9) NEW BUDGET PROCEDURES AND FINANCIAL trol agreements, and for other purposes, sub- mit the following joint statement to the the VOA should continue to include edi- REGULATIONS.—Each designated specialized torials which present the views of U.S. pol- agency has established procedures to— House and the Senate in explanation of the effect of the action agreed upon by the man- icy. But the concepts of ‘‘deniability’’ and (A) require the maintenance of a budget that agers and recommended in the accompany- ‘‘firewall’’ are not merely diplomatic does not exceed the level agreed to by the mem- ing conference report: fictions. In truth, the State Department will ber states of the organization at the beginning be able to deny responsibility for a specific of each budgetary biennium, unless increases DIVISION A—FOREIGN AFFAIRS REFORM AND broadcast—because it will have denied itself are agreed to by consensus; RESTRUCTURING the ability to directly affect the content of (B) require the identification of expenditures USIA AND BROADCASTING any specific broadcast. It can do so because by functional categories such as personnel, trav- Section 313 of the Senate bill provides for the ‘‘firewall’’ will have operational mean- el, and equipment; and the creation of a new Under Secretary of ing. Whenever a foreign government com- (C) require approval by the member states of State for Public Diplomacy. It should be plains to a U.S. diplomat that a broadcast is the agency’s supplemental budget requests to noted that it is slightly different from the inconsistent with U.S. foreign policy objec- the Secretariat in advance of expenditures original Senate-passed bill (S. 903) in delin- tives, that diplomat can plausibly deny that under those requests. eating the duties of this Under Secretary. the broadcast is ‘‘not my department,’’ and H988 CONGRESSIONAL RECORD — HOUSE March 10, 1998 refer their counterpart to the Board. The broadcasts. The Inspector General must take broadcasting facilities abroad, liberally in- Board, in turn, will exercise its oversight du- great care in reviewing broadcast operations, terpreted, to carry out their functions. ties to investigate the matter, take steps to for, as noted earlier, international broad- Fourth, the bill provides the Board with influence overall broadcast policy to ensure casting is not a typical government function. the authority to procure, pursuant to the that broadcasts are consistent with broad The broadcasters are journalists, and the In- ‘‘Economy Act,’’ goods and services from foreign policy objectives of the United spector General must not be involved in sec- other federal departments and agencies. In States, but the journalists themselves will ond-guessing the daily decisions of journal- keeping the Board and the Bureau outside be shielded from political interference by ists and their editors. To do so could have a the State Department, it is not intended State Department officials. chilling effect on the activities of the jour- that these entities will grow significantly. Of course, this bureaucratic separation nalists. The Inspector General is currently The Bureau will likely need additional per- does not mean that the broadcasters should conducting a review of the Cuba services of sonnel to carry out certain administrative remain aloof from U.S. foreign policy inter- the Voice of America, known as Radio and tasks now performed by the administrative ests. Broadcasting is an important instru- TV Marti. She contends that this review is offices of USIA. But some of these routine ment of U.S. foreign policy, and should re- limited to analyzing whether the Martis functions may just as easily—and perhaps main so. The broadcasting agencies would have a process in place for assuring that more efficiently—be performed by existing continue to serve the foreign policy needs of broadcasts are consistent with broad U.S. federal agencies. Finally, the bill provides authority for the the U.S. government, and would be linked to foreign policy objectives. This provision is the foreign affairs apparatus by what might Board to delegate certain authorities to the intended to ensure that any content review Director of the International Broadcasting be described as a ‘‘dotted-line’’ relationship not cross this line drawn by the Inspector to the State Department: (1) the Secretary of Bureau, and any other officer or employee of General. the United States. It bears emphasis here State would be a permanent voting member In establishing the Broadcasting Board of that the Board need not do so, for the Board of the Board (as the USIA Director is now), Governors as an independent agency in the has a small professional staff which assists it would provide foreign policy guidance to the executive branch, several changes to existing Board, and would be consulted about the ad- to carry out its statutory functions; the pro- law were made—and new authorities were vision simply provides the Board with the dition or deletion of language services; (2) provided to the Board. A few of these the VOA mission of telling America’s story option to delegate certain authorities. changes are highlighted below: Section 323(j) of the bill makes two would remain intact, as would the VOA Section 323(d)) amends the ‘‘standards and changes to current law with regard to the Charter; (3) the statutory requirements re- principles’’ section of the 1994 Broadcasting role of the Secretary of State. First, the bill quiring that the broadcasts be consistent Act in two respects. First, it makes clear amends current law to make clear that the with the broad foreign policy objectives of that U.S. international broadcasting should Secretary’s authority to provide foreign pol- the United States would remain intact; (4) include editorials broadcast by the Voice of icy guidance to the Board may be exercised the broadcasters would continue to have the America which present the views of the U.S. at her discretion. capability to provide surge capacity to sup- government (only the VOA performs this Second, it authorizes the Secretary of port broad U.S. foreign policy objectives dur- function). This provision and this title are State to use Worldnet broadcasts, on a non- ing crises abroad. not intended to change in any manner the reimbursable basis, for the purposes of con- Although the Board will be a federal agen- current process for ensuring that editorials tinuing interactive dialogues with foreign cy, the work performed by the international are consistent with U.S. policy. Second, this media and other similar overseas public di- broadcasting entities under it can hardly be section states that international broadcast- plomacy programs sponsored by the State described as a typical government function. ing should have the capability to provide Department. ‘‘Interactive dialogue’’ is a Cynics may deride their work as ‘‘propa- surge capacity to support U.S. foreign policy term of art, which describes, in essence, ganda,’’ but in fact the broadcasters are objectives during crises abroad. press conferences between a U.S. policy journalists, reporting the news of the United Sections 323(e) and 323(f) make several maker (sitting in a studio in Washington), States and the world to foreign audiences. amendments to the authorities of the Board, and foreign journalists (sitting in a U.S. In- The news gathering and reporting functions which are set forth in Section 305 of the 1994 formation Service post or other facility of the broadcasters must continue to be inde- Broadcasting Act. First, it amends the stat- overseas). This is a public diplomacy func- pendent and objective. The broadcasters ute to provide that the Board has the power tion that should be under the policy control themselves understand the importance of to ‘‘supervise’’ all broadcasting activities; of the State Department after the integra- this imperative. It is no accident that VOA current law gives the Board the power to tion of USIA into the Department. Most employees treasure the VOA Charter, which ‘‘direct and supervise.’’ This change is in- other Worldnet programs are, by contrast, states that the VOA will ‘‘serve as a consist- tended to clarify any confusion that may the type of traditional broadcasting carried ently reliable and authoritative source of have been caused by the use of the word ‘‘di- out by the VOA; for example, the VOA has news’’ and that VOA news will be ‘‘accurate, rect’’. The word ‘‘direct’’ implies day-to-day recently commenced simulcasts of its radio objective, and comprehensive.’’ The employ- management responsibilities, a function that programs on television. The Broadcasting ees do so because they take this command is incongruous with a part-time oversight Board of Governors and USIA have already seriously. Similarly, the employees of the board. The daily operations of the broad- reached a cooperative agreement regarding surrogate services—Radio and TV Marti, casters are conducted by the Director of the Worldnet (which was submitted recently to RFE/RL and RFA—are committed to the International Broadcasting Bureau, and the the Foreign Relations Committee in the highest standards of professional journalism. presidents of the respective grantees (RFE/ form of a reprogramming) that is similar to Accuracy and credibility are their watch- RL and RFA), operating under the super- the design set forth in the bill. It is intended words. vision of the Board. that this arrangement continue when USIA This credibility would be at risk if the var- Second, the bill requires the Board to con- is merged into the State Department, with ious broadcast services were placed inside sult with the Secretary of State in making the Board making available appropriate the Department of State, where they would its determinations on the addition or dele- broadcasting time slots to the State Depart- be perceived by foreign audiences as mere tion of language services. This change is not ment to continue this important program. adjuncts of the Department, and where they intended to give the Secretary veto power This provision is not intended to limit the would be subject to the daily pressures of di- over such decisions; at the end of the day, access the Secretary currently has to plomacy. But in establishing this structure, she has but one vote on the Board. The Worldnet for other purposes, such as the cur- it is not intended that the broadcasters will amendment does recognize, however, that rent practice of using this service to broad- become unmoored from the broad objectives the addition or deletion of language services cast from time to time to employees located of American policy. has foreign policy implications, and that the at U.S. missions abroad. The provision in this bill also provides that Board should give careful consideration to Section 326 contains specific authority for the current Board members may complete the Secretary’s views on such matters. the transfer of appropriate USIA assets and their existing terms without being re- Third, the bill provides the Board with sev- personnel to the Broadcasting Board of Gov- appointed. Furthermore, they may be ap- eral additional legal authorities that are ernors. This includes those assets and per- pointed to new terms when those terms ex- necessary for it to function as a separate fed- sonnel employed in connection with, or to pire. eral agency. These are intended to ensure carry out, the functions transferred by this It should be noted here that the bill does that the Board and the Director of the Inter- chapter to the Board. It also includes provi- not include the original Senate proposal to national Broadcasting Bureau have, for the sions which will permit the transfer of assets create a separate Inspector General for purposes of carrying out their respective du- and personnel which support the functions broadcasting within the Broadcasting Board ties, all the authorities which are now avail- transferred by this chapter. These latter de- of Governors. Instead, that function will con- able to the Director of the U.S. Information terminations will be made by the Secretary tinue to be performed by the Inspector Gen- Agency on the day before the effective date of State, with the concurrence of the Broad- eral of the Department of State. The bill of this division. It is intended that the Board casting Board of Governors. It is intended states, however, that the Inspector General and the Bureau be enabled thereby to oper- that the Broadcasting Board of Governors shall respect the journalistic integrity of all ate utilizing the full range of the Director’s should receive administrative support funds broadcasters covered by this title, and may administrative, technical, contracting, per- and personnel commensurate with the ad- not evaluate the philosophical or political sonnel, and all other authorities, including ministrative support it now receives from perspectives reflected in the content of acquisition and disposal of international the U.S. Information Agency. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H989

SMITH-MUNDT the Department in the same Foreign Service Also, AID had agreed already to have the Section 333 addresses the complex question class (or, in the case of Foreign Service na- Department of State provide retirement of how to apply restrictions in current law tionals, at the same grade), at the same sal- processing for Foreign Service officers, re- on USIA to influence public opinion in the ary rate, and with the same tenure held prior tirement counseling for AID officers, and United States once USIA is integrated into to transfer. Civil Service employees trans- site consolidation of AID headquarters’ com- the Department of State. The Department ferred to the Department will transfer at the puter operations. According to the Adminis- has a responsibility to communicate with same Civil Service grade, at the same rate of tration, these are either now implemented or the American people on U.S. foreign policy, basic pay, and with the same tenure held on their way to implementation. for example, to explain the importance of prior to transfer. Tenure, in this context, re- Further, AID has agreed to expand its use continuing U.S. involvement in inter- fers to the employment status of the em- of training services offered by the Depart- national affairs. Subsection (a) makes clear ployee (e.g., probationary, career condi- ment of State. Specifically, AID will at- that none of the restrictions applicable to tional, or career tenure). This provision is tempt to obtain all of its foreign language training from the Department of State. In USIA shall become applicable to public af- also intended to ensure that the type of ap- addition, State and AID have agreed to joint- fairs and other information dissemination pointment (e.g., Civil Service competitive or ly develop training programs so that other functions of the Secretary of State as carried excepted service appointment, or Foreign professional and technical training can be out prior to any transfer of functions pursu- Service career or limited appointment) held shared to the maximum extent possible. ant to this division. Subsection (b) provides immediately preceding transfer will remain unchanged by reason of the transfer. The Department of State has agreed to try that existing restrictions will, however, con- to accommodate AID by taking responsibil- tinue to apply to USIA public diplomacy pro- Subsection (c) authorizes the Secretary, for a period of not more than six months ity for storage of employees’ household grams (which are carried out abroad) once goods. In addition, State and AID already they are integrated into the State Depart- commencing on the effective date of the transfer of personnel to the Department share other transportation and storage serv- ment. This subsection preserves the excep- ices, and they will continue to review these tions in current law. Under this approach, under subsections (a) and (b), to assign such personnel to any position or set of duties at areas for other opportunities. The committee public diplomacy programs that are unique of conference expects AID and the State De- to USIA, including the program material any grade in the Department except that by virtue of such assignment, such personnel partment to continue to explore areas in produced by them, shall continue to be sub- which additional consolidation and cost sav- ject to the restrictions of the Zorinsky shall not have their grade or class or rate of basic pay or basic salary rate reduced, nor ings can occur and that the Foreign Rela- Amendment and in the Smith-Mundt Act, as tions Committee and the International Rela- relevant. At the same time, the Department their tenure changed. Although the Sec- retary’s authority to make assignments tions Committee will be notified of such of State will be able to integrate the activi- progress. ties that it already performs, such as public under this subsection is limited to a six- ASSISTANCE PROGRAMS COORDINATION AND outreach, direct public affairs contact with month period following transfer, the dura- OVERSIGHT domestic and foreign press, and administra- tion of any assignment made pursuant to The bill provides for the coordination of tive activities, with such activities of the this authority and the retention of grade activities of the Secretary of State in rela- other foreign affairs agencies without these may continue indefinitely, as long as the em- tion to United States assistance. The activi- restrictions being applicable. ployee remains in a position to which s/he is ties include designing of an overall assist- In addition, subsection (c) provides that assigned during the six month period. This ance strategy for countries in the region; en- funds that are specifically authorized in provision will overcome any requirement for suring the coordination of United States statute for such public diplomacy programs the Department of State involuntarily to de- government agencies; coordinating with the at the Department in the future shall not be mote or reassign personnel at the end of the six-month period, even though the number of individual country governments and inter- used to influence public opinion in the national organizations; and resolving policy United States, and that no program material employees who retain a particular grade may exceed the number of positions at that grade disputes among United States government prepared using such funds shall be distrib- agencies with respect to assistance being uted or disseminated in the United States. level. This provision does not, however, pro- vide Civil Service personnel with a guaran- provided. This provision makes clear that if an This coordination authority does not su- amount is specifically authorized in an au- teed grade if, for example, they apply for and obtain another position or the Department persede the responsibility of the Secretary of thorization bill for such public diplomacy Commerce in relation to the promotion of programs, such amount will be subject to chooses to employ reduction in force proce- dures to reduce the number of Department exports of United States goods and services. these restrictions. Nor does this supersede the responsibility of employees. The Secretary shall consult with Subsections (d) and (e) create greater plan- the Secretary of the Treasury to coordinate the relevant labor organizations with regard ning and budget transparency for how public the activities of the United States in rela- to the exercise of this authority. This sub- diplomacy functions are integrated into the tion to the International Financial Institu- section gives the Secretary the flexibility to Department. tions, and the organization of multilateral assign and reassign for a six month period efforts aimed at currency stabilization, cur- AUTHORITY TO REORGANIZE THE DEPARTMENT transferred personnel to any position within rency convertibility, debt reduction, and Section 611(a) authorizes the Secretary, the Department after they have been trans- comprehensive economic reform programs. subject to the requirements of the subdivi- ferred to the Department, except to positions sion, to allocate or reallocate any function This section of the bill is essential to bring that by law require appointment by the improved coordination and rationalization transferred to the Department, and to estab- President, by and with the advice and con- to U.S. overseas economic and development lish, consolidate, alter, or discontinue such sent of the Senate. assistance programs. The establishment organizational entities within the Depart- REORGANIZATION OF AGENCY FOR within the Department of State of this co- ment as may be necessary or appropriate to INTERNATIONAL DEVELOPMENT ordination function will ensure that, in the carry out any reorganization under this sub- The bill requires that AID’s Press Office future, foreign aid programs are being car- division. This subsection does not authorize and certain administrative functions be ried out in a manner consistent with our na- the Secretary to modify the terms of any transferred to and consolidated with the De- tions overall foreign policy. It furthers the statute that establishes or defines the func- partment of State. The committee of con- President’s goal of establishing the Sec- tions of any bureau, office or officer of the ference is aware that the Department of retary of State’s pre-eminence in foreign pol- Department. Thus, while the Secretary could State and the Agency for International De- icy making. According to the State Depart- add functions and responsibilities to a bu- velopment recently entered into an agree- ment’s April 17, 1997, statement regarding re- reau that is mandated under current law, she ment to implement the President’s April 1997 organization, one reform ‘‘...would be to fur- could not eliminate such a bureau or take decision that these two agencies should ther improve coordination between AID’s away any responsibilities currently man- share certain administrative functions. and State’s regional Bureaus.’’ This section dated by statute to be performed by that bu- The single largest change will occur over- supports that objective. reau. seas as the International Cooperative Ad- A.I.D. UNDER THE DIRECT AUTHORITY AND FOR- TRANSFER OF PERSONNEL ministrative Support Services (ICASS) sys- EIGN POLICY GUIDANCE OF THE SECRETARY OF Section 613 of the Senate bill provides in tem is put into place. ICASS is designed to STATE subsections (a) and (b) that except as pro- provide AID with the data and other infor- The President’s decision on reorganization vided in Title III, not later than the date of mation needed to compare the costs of serv- retains the Agency for International Devel- abolition of ACDA and USIA, or the transfer ices within the system that encourages the opment as a distinct agency but places it of any function of AID to the Department of use of the most economic service provider. under the direct authority and foreign policy State, affected personnel and positions of Both agencies will, over the next fiscal year, guidance of the Secretary of State. This bill those agencies shall be transferred to the De- work to maximize shared administrative supports that objective. partment of State at their same grade or support services. As part of this agreement, This bill includes a section which provides class, the same rate of basic pay or basic sal- both agencies agree to analyze jointly the that funds formerly allocated to the Inter- ary rate, and with the same tenure held im- data generated by ICASS to identify oppor- national Development Cooperation Agency mediately preceding transfer. Thus, mem- tunities where one or the other agency can (IDCA)—which is abolished by this legisla- bers of the Foreign Service will transfer to expand shared services. tion—now be allocated to the Secretary of H990 CONGRESSIONAL RECORD — HOUSE March 10, 1998 State. The bill provides that the Secretary of The Senate amendment (sec. 1101) author- for fiscal year 1999 for voluntary contribu- State may allocate or transfer these funds to izes for $2,609,661,000 fiscal year 1998 and tions to international organizations. The the head of any other agency. It is the under- $2,634,706,000 for fiscal year 1999 for the Ad- provision also includes limitations for the standing of the committee of conference that ministration of Foreign Affairs. The Senate World Food Program, the United Nations Secretary Albright intends to allocate this amendment has no comparable provision to Voluntary Fund for victims of Torture, and foreign aid and the administrative funds cur- House sec. 1101(1)(B) on passport informa- International Program on the Elimination of rently apportioned to AID to its Adminis- tion. Child Labor. trator. Bringing AID under the direct au- The conference substitute (sec. 1101) au- The Senate amendment has no comparable thority and foreign policy guidance of the thorizes $2,656,143,000 for fiscal year 1998 and provision. Secretary of State, will strengthen the U.S. $2,830,387,000 for fiscal year 1999 for the Ad- Government’s coordination of long term de- ministration of Foreign Affairs. The con- The conference substitute (sec. 1104) is the velopment and humanitarian assistance. ference substitute is the same as the Senate same as the House bill, except it authorizes AUTHORITY TO TRANSFER FUNCTIONS EARLY amendment with regard to the passport in- $294,500,000 for fiscal year 1988 and $294,500,000 Section 616 provides that the Secretary formation provision. for fiscal year 1999. may, notwithstanding any provision of this The recommended level of authorization VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL subdivision and with the concurrence of the for Diplomatic and Consular Programs is in- PEACEKEEPING OPERATIONS head of the appropriate Federal Agency, tended to be utilized to maintain a strong transfer the whole or part of any function U.S. presence abroad, and to meet current The House bill (sec. 1102(d) ) authorizes prior to the effective dates established in unfunded needs, including security of person- $87,600,000 in fiscal year 1988 and $67,000,000 in this subdivision, including the transfer of nel and overseas U.S. facilities, and does not fiscal year 1999 for voluntary contributions personnel and funds associated with such include funding for new programs, not pres- to peacekeeping operations. functions. In exercising this authority, per- ently funded for environmental conferences, The Senate amendment has no comparable sonnel and funds would be transferred in ac- programs, and associated expanded staffing. provision. cordance with the applicable provisions of The conference substitute incorporates the The conference substitute (sec. 1105) au- Title VI. This provision is intended to permit sub-authorization of $2,000,000 for fiscal years thorizes $77,500,000 in fiscal year 1988 and the Administration to have an orderly trans- 1998 and 1999 for recruitment of minorities $68,000,000 in fiscal year 1999 for voluntary fer of functions if the Administration choos- for careers in the foreign Service. contributions to peacekeeping operations. es to transfer some functions from an agency INTERNATIONAL COMMISSIONS prior to its abolition. It is intended that the LIMITATIONS ON U.S. VOLUNTARY The House bill (sec. 1103) authorizes Secretary will consult with the Broadcasting CONTRIBUTIONS TO THE UNDP Board of Governors if she exercises the au- $43,512,000 for fiscal year 1998 and $43,512,000 thority of this section to transfer personnel for fiscal year 1999 for the International The House bill (sec. 1102(g)) requires the or assets that might otherwise be used to Commissions. withholding from U.S. voluntary contribu- provide administrative support for the Board The Senate amendment (sec. 1202) author- tions to the UN Development Program an when it becomes a separate federal establish- izes $43,512,000 for fiscal year 1998 and amount equal to the amount UNDP intends ment. $43,512,000 for fiscal year 1999 for the Inter- to spend in Burma during each of the fiscal national Commissions. years 1998 and 1999, unless the President cer- DIVISION B—STATE DEPARTMENT AND The conference substitute (sec. 1102) au- tifies to Congress that UNDP programs in RELATED AGENCIES AUTHORIZATION ACT thorizes $42,452,000 for fiscal year 1998 and Burma are focused on eliminating human AUTHORIZATION OF APPROPRIATIONS FOR THE $45,120,000 for fiscal year 1999 for the Inter- sufffering and other issues. DEPARTMENT OF STATE national Commissions. The Senate amendment contains no com- The conference substitute authorizes a ASIA FOUNDATION parable provision. total of $6,140,895,000 for fiscal year 1998 and $6,664,093,000 for fiscal 1999. The President’s The House bill (sec. 1105) authorizes The conference subsititute (sec. 1106) is the request for FY 1999 is $6,789,259,000. The con- $10,000,000 for fiscal year 1998 and $10,000,000 same as the House bill. ference substitute follows the Senate format for fiscal year 1999 for the Asia Foundation. UN POPULATION FUND providing the authorization of appropria- The Senate amendment (sec. 1103) author- tions in the specific sections of the bill. izes $8,000,000 fiscal year 1998 and $8,000,000 The House (1523) House bill section 1523 UN for fiscal year 1999 for the Asia Foundation. ADMINISTRATION OF FOREIGN AFFAIRS Population Fund, authorizes $25 million for The conference substitute (sec. 1103) au- the UN Population Fund for fiscal years 1998 The House bill (sec. 1101) authorizes thorizes $10,000,000 for fiscal year 1998 and $2,610,271,000 for fiscal year 1998 and and 1999, but makes only $12.5 million avail- $10,000,000 for fiscal year 1999 for the Asia $2,610,271,000 for fiscal year 1999 for the Ad- able to UNFPA before March 1 of each fiscal Foundation. ministration of Foreign Affairs. The House year. It also contains other prohibitions. bill (sec. 1101 (1)(B)) requires the Secretary of VOLUNTARY CONTRIBUTIONS The conference substitute (sec. 1107) is State to provide passport information with- The House bill (sec. 1102(b) ) authorizes similar to the House bill, but deletes sub- out charge to citizens of the U.S. $199,725,000 for fiscal year 1988 and $199,725,000 sections (b), (c) and (d). March 10, 1998 CONGRESSIONAL RECORD — HOUSE H991 H992 CONGRESSIONAL RECORD — HOUSE March 10, 1998 March 10, 1998 CONGRESSIONAL RECORD — HOUSE H993 H994 CONGRESSIONAL RECORD — HOUSE March 10, 1998

DEPARTMENT OF STATE AUTHORITIES AND Secretary of State shall obtain the concur- The Senate amendment has no comparable ACTIVITIES rence of the Attorney General. The House provision. OVERSEAS EDUCATIONAL FACILITIES provision required ‘‘consultation’’ with the The conference substitute (sec. 1207) is the The House bill (sec. 1213) provides the au- Attorney General. The conference substitute same as the House bill. This Act provides thority for US government agencies to make also deletes the House section requiring the several additional new fee collections for the grants to overseas educational facilities. use of frozen foreign assets for the rewards Department, as well as continuing the col- This amendment allows agencies that may program. lection and retention of fees for machine not have grant authority to make grants to RETENTION OF ADDITIONAL DEFENSE TRADE readable visas. This provision is designed to support these schools if agency employees CONTROLS REGISTRATION FEES secure budget transparency particularly for have children attending these schools. The House bill (sec. 1208) amends section funds that are not subject to appropriations, The Senate provision (sec. 1136) is iden- 45(a) of the State Department Basic Authori- and provide a full accounting of resources tical. ties Act to enable the Department to retain available to the Department. The report on The conference substitute (sec. 1201) is all of the registration fees that the Depart- income required by this provision is intended identical to the House provision. ment’s office of Defense Trade Controls col- to include an accounting of proceeds from REVISION OF DEPARTMENT OF STATE REWARDS lects. The additional fees are to be used for the sale of properties owned by the Depart- PROGRAM enhanced reporting on end-use monitoring ment, projected expenditures from and the balance in the Foreign Service Building The House bill (sec. 1201(a)) rewrites the and expanded registration and licensing and Fund for long term capital reinvestment. State Department rewards statute to update company audits. the program and improve its use as a tool to The Senate amendment contains no com- OFFICE OF THE INSPECTOR GENERAL help capture fugitives abroad in cases of ter- parable provision. The Senate amendment (sec. 1126) amends rorism and narcotics offenses. The following The conference substitute (sec. 1203) is the Section 209 of the Foreign Service Act of 1980 changes are made to current law: (1) raising same as the House bill. to require the State Department Inspector the cap on the funds available for the re- FEES FOR COMMERCIAL SERVICES General (IG) to provide (1) information to wards program; (2) requiring that, to the The House bill (sec. 1211) allows fees col- employees on rights to counsel, and (2) maximum extent possible, the program funds lected for commercial services provided to guidelines describing in general terms IG are split equally between terrorism and nar- businesses to remain available for obligation policies and procedures with respect to indi- cotics related rewards programs; (3) allowing until expended. This authority will ensure viduals under investigation, other than mat- rewards to be paid for help in preventing the Department does not forfeit funds col- ters exempt from disclosure under other pro- counterfeiting of U.S. currency by state lected late in a fiscal year and that are not visions of law. sponsors and others supporting terrorism; (4) obligated by the end of that year. The House bill contains no comparable pro- allowing rewards to be paid for help in ar- The Senate amendment contains no com- vision. resting any individual who aids or abets in parable provision. The conference substitute (sec. 1208) main- the commission of any narcotics-related of- The conference substitute (sec. 1204) is tains the Senate language and further fense; (5) deleting the requirement for con- similar to the House position but makes the amends Section 209 of the Foreign Service sultation over procedures for the chiefs’ of collected funds available only for two fiscal Act to require that only officials from the mission recommendations of rewards the years. Office of the Inspector General may partici- Secretary of State and the Attorney Gen- pate in formal interviews or other formal eral; (6) requiring an annual report on the re- PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT meetings with the individual who is the sub- wards program and; (7) making clear that ject of an investigation unless that individ- The House bill (sec. 1209) amends section the funds authorized for the rewards pro- ual receives prior adequate notice regarding 701 of the Foreign Service Act of 1980 by add- gram are available to advertise rewards of- the participation of any other person, includ- ing a new subsection to allow the State De- fered by foreign governments for inter- ing any officer or employee of the Depart- partment to provide training for employees national terrorism offenses. The Secretary is ment of Justice, in such interview or meet- and their family members of the U.S. compa- also required to submit a report to Congress ing. The notice requirement does not apply nies operating overseas on a reimbursable when a reward payment is made. to (1) any intelligence-related or sensitive basis. In addition, this section allows the De- The House bill also clarifies that deter- undercover investigation; or (2) any situa- partment to provide foreign language train- minations by the Secretary of State regard- tion in which the Inspector General has rea- ing on a reimbursable basis to Members and ing counter terrorism and narcotics-related sonable grounds to believe that the provision employees of Congress. Section 1209(b) au- rewards are solely at the discretion of the of notice would cause tampering with any thorizes the Secretary of State to charge a Secretary, in consultation, as appropriate, witness, the destruction of evidence, or the fee for use of the National Foreign Affairs with the Attorney General and are not sub- endangering of the life of any individual. ject to judicial review. This language con- Training Center Facility. These fees shall be forms the State Department rewards pro- deposited as an offsetting collection to any CAPITAL INVESTMENT FUND gram to similar provisions in various stat- State Department appropriations and shall The House bill (sec. 1202) amends section utes that provide the reward authorities of remain available until expended. Fees set for 135 of the Foreign Relations Authorization the Attorney General, including those relat- renting these facilities should not provide a Act, Fiscal Years 1994 and 1995 to allow the ed to domestic terrorism. This language is competitive advantage over other commer- Capital Investment Fund to be used for the intended to preclude unnecessary lawsuits cial facilities. procurement and upgrade of information that could divert Department resources, as The Senate amendment (sec. 1135) is simi- technology and other related capital invest- well as bring unwarranted negative publicity lar to the House bill except the training pro- ments of the department of State. Sec. 135(e) to the rewards program and discourage po- gram is set up as a pilot project that termi- eliminates the requirement that subjects tential informers. nates October 1, 1999. The provision also re- money in the fund to Congressional re- The House bill (sec. 1201(b) makes available quires an assessment of the program within programming requirements before it is obli- to carry out the rewards program up to two one year after enactment. gated. percent of the foreign assets frozen by of the The conference substitute (sec. 1205) is The Senate amendment has no comparable President under the International Emer- similar to the Senate amendment. Changes provision. gency Economic Powers Act. This section include extending the pilot program to Octo- The conference substitute (sec. 1209) is also clarifies that determinations by the ber 2002, and requiring the report two years identical to the House bill. Secretary of State regarding counter terror- after enactment. CONTRACTING FOR LOCAL GUARD SERVICES ism and narcotics-related rewards are solely FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS OVERSEAS at the discretion of the Secretary, in con- The House bill (sec. 1210) authorizes the The House bill (sec. 1204) amends section sultation as appropriate with the Attorney Secretary of State to charge a fee for use of General and are not subject to judicial re- 136 of PL 101–246 by repealing subsection the Department of State diplomatic recep- (c)(7) and replacing (c)(3) with a more effi- view. tion rooms. Such fees are deposited as an off- The Senate amendment (sec. 1125) similar cient process for evaluating requests for pro- setting collection to recover the costs of to the House provision, amends section 36 of posals for contracts for the local guard pro- such use and shall remain available for obli- the State Department Basic Authorities Act gram. These changes continue a preference gation until expended. of 1956 to make clear that terrorism rewards for firms and joint ventures qualifying under The Senate amendment (sec. 1124) is iden- would be paid at the sole discretion of the an existing definition of a U.S. person. tical to the House bill. Secretary of State and that reward deter- The Senate amendment has no comparable The conference substitute (sec. 1206) is the minations made by the Secretary would not provision. same as the House bill. be subject to judicial review. The conference substitute (sec. 1210) is The conference substitute (sec. 1202) adopts BUDGET PRESENTATION DOCUMENTS similar to the House bill, with a change to the House language with modifications. The The House bill (sec. 1212) requires the State the price preference system. The price pref- conference substitute requires that before Department to report in the budget presen- erence which is used to reduce the price of making a reward in a matter over which tation documents all sources of income from US firms’ contracts, was increased from five there is federal criminal jurisdiction, the fees or other collections. percent to ten percent. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H995

AUTHORITY OF THE FOREIGN CLAIMS ment programs, policy and assistance shall The conference substitute provides Con- SETTLEMENT COMMISSION include coordination of rule of law and ad- gressional impetus for restructuring a trou- The House bill (sec. 1205) amends section 4 ministration of justice enforcement pro- bling aspect of international practice with of the International Claims Settlement Act grams, policy and assistance; and (4) the sec- respect to diplomatic immunity: the pros- to permit the Foreign Claims Settlement tion clarifies that such coordination will be pect that an individual who commits a seri- Commission to preadjudicate claims by U.S. consistent with memoranda of understanding ous offense will escape all liability because citizens. Preadjudication would provide the between the State Department and other of his or her status as a diplomat. A number Department with important information on United States agencies. of highly publicized, and indeed tragic, cases the value and validity of claims by the U.S. ANNUAL REPORT ON OVERSEAS SURPLUS have occurred in recent years. The fact is public in advance of the negotiations and PROPERTIES that while cases of diplomats abusing their conclusion of an agreement. The Committee The House bill (sec. 1216) requires the Sec- immunity in the United States are relatively understands that in the event of retary of State to report annually on the list rare, the number of such cases needs to be reduced, if possible, to zero. preadjudication, the Secretary of State will of overseas surplus properties for sale. In ad- Diplomatic immunity serves the interests make every effort to inform affected people. dition, the provision requires that proceeds The Senate amendment (sec. 1122) amends of the United States. The United States can- for the sale of U.S. overseas surplus prop- not have its diplomats exposed to the full section 4 of the International Claims Settle- erties be deposited in the Treasury to be rigor of the criminal laws of the countries ment Act to permit the Foreign Claims Set- used for deficit reduction. where they are stationed, since they could be tlement Commission to preadjudicate claims The Senate amendment has no comparable subject to trumped-up charges, unfair treat- by the US citizens in a category determined provision. The conference substitute (sec. 1215) re- ment in court, or inhumane punishments. by the Secretary of State. Currently the The committee of conference applaud gov- quires an annual report on the surplus prop- Commission only has general authority to ernments, such as the government of the Re- erties identified for sale. adjudicate claims after settlement has been public of Georgia, which have waived the im- reached by the Department with a foreign HUMAN RIGHTS REPORTS munity of their diplomats accused of serious government. This section is designed to fa- The House bill (sec. 1704) makes two crimes. They suggest that in the exceedingly cilitate claims settlement practices by pro- changes to the requirement for the annual rare cases where American officials appar- viding a mechanism for obtaining further in- country reports on Human Rights Practices. ently abuse their status—and do so in coun- formation from US citizens about their First, the reporting date is extended from tries where they would prosecuted on an claims in advance of actual negotiation. January 31 to February 25. Second, the sec- equal footing with local residents and can re- The conference substitute (sec. 1211) is tion requires that the report include infor- ceive a fair trial and humane treatment if identical to the Senate amendment. mation on child labor practices in each coun- convicted—the Department consider waiving EXPENSES RELATING TO CERTAIN try the report covers. the immunity of the Americans in question. INTERNATIONAL CLAIMS AND PROCEEDINGS The Senate amendment has no comparable The committee of conference also supports The House bill (sec. 1206) allows the De- provision. the Administration’s practice of notifying partment to accept in certain cases reim- The conference substitute (sec. 1216) is prosecutors that they may charge diplomats bursement from private sector claimants for identical to the House bill. whose immunity has not been waived and tribunal expenses, salaries and ordinary ex- REPORTS AND POLICY CONCERNING DIPLOMATIC who been withdrawn from or expelled from penses. The intent of this provision is to IMMUNITY the United States. Such abusers of diplo- allow the Department to accept reimburse- The House bill (sec. 1215 and 1706) requires matic immunity are then put on the Depart- ment from claimants who would normally the Secretary of State to submit to Congress ment’s ‘‘watch list’’ and are denied visas; pay for the legal expenses of pursuing a an annual report on cases involving diplo- they may also be subject to extradition if claim. matic immunity. they travel to third countries where they are The Senate amendment has no comparable A related provision, section 1215 of the not covered by diplomatic immunity. provision. House bill amends the State Department REAFFIRMING UNITED STATES INTERNATIONAL The conference substitute (sec. 1212) is Basic Authorities Act, requiring reporting TELECOMMUNICATIONS POLICY similar to the House bill, with a clarification similar to that required under section 1706 of The Senate amendment (sec. 1127) clarifies that eligible expenses include salaries and the House bill. It also requires the Secretary that the Diplomatic Telecommunications personnel expenses. to take ‘‘such steps as may be necessary’’ to Service Program Office will have full and GRANTS TO REMEDY INTERNATIONAL educate and encourage local law enforce- open competition in the procurement of tele- ABDUCTIONS OF CHILDREN ment officials to investigate, charge and communications services; will make efforts prosecute members of foreign missions to to promote the participation of all commer- The House bill (sec. 1214) amends section 7 the extent consistent with international law. cial private sector provider; and will imple- of the International Child abduction Rem- Section 1215 forbids ‘‘interference’’ by State ment these requirements at the prime con- edies Act to allow the U.S. Central Author- Department officers in the investigation, tracting level and at the subcontracting ity to make grants or enter into contracts or charge, or prosecution of aliens not exempt level unless the fixed price contracts make it agreements for the purposes of carrying out from the criminal jurisdiction of the United more costly to require a prime contractor to certain functions required by the Hague Con- States and requires notification by the Sec- compete subcontracts. vention on the Civil Aspects of International retary to members of diplomatic missions The House bill has no comparable provi- Child Abduction. about United States policies relative to sion. The Senate amendment (sec. 1137) is iden- criminal offenses committed by members of The conference substitute (sec. 1218) is tical. identical to the Senate amendment. The conference substitute (sec. 1213) is the diplomatic corps. The Senate amendment has no comparable Concerns about DTSPO continue as certain identical to the House bill. provision to House bill section 1215, and Sen- users have decided to utilize other systems COUNTERDRUG & ANTICRIME ACTIVITIES OF THE ate section 1610 is identical to section 1706 of to meet their overseas communications DEPARTMENT OF STATE the House bill. needs. DTS was unable to meet agency re- The Senate amendment (sec. 1128(a)) re- The conference substitute (sec. 1217) is a quirements in a timely fashion. Developing a quires that not later than 180 days after the modification and consolidation of sections cost sharing system to increase resources for date of enactment of this Act, the Secretary 1215 and 1706 of the House bill. The con- DTS for post communications upgrades and of State shall establish, implement, and sub- ference substitute adds several provisions maintenance should be priority. The com- mit to Congress a comprehensive, long-term drawn from Section 1215 of the House bill, mittee of conference urges the Office of Man- strategy, involving all elements of the De- such as broadening the definition of ‘‘serious agement and Budget to promptly finalize a partment, to carry out State Department crime’’ (triggering reports to Congress) to in- charge back system thereby enhancing counterdrug responsibilities in a manner clude reckless driving and driving while in- DTS’s capabilities to coordinate overseas consistent with the National Drug Control toxicated or under the influence of drugs or communications structures and provide the Strategy (‘‘National Strategy’’). alcohol whether or not personal injury re- services for which it was created. The House bill has no comparable provi- sulted, requiring the provision of informa- REDUCTION OF REPORTING sion. tion furnished to the Secretary on crimes The House bill (sec. 1203) eliminates sev- The conference substitute (sec. 1214) adopts that appear to have been committed by a eral reporting requirements. This provision the Senate approach with several modifica- person with diplomatic immunity in periods has been requested by the Administration. tions: (1) the strategy shall also ensure that prior to the period covered by a particular The Senate (Sec. 1121) eliminates several the President’s drug certification determina- report by the Secretary (so that readers of reporting requirements as follows: Repeals tions conform to meet the objectives of the the report will be aware if there is a pattern section 161(c), second sentence, 22 U.S.C. 4171 strategy; (2) the annual reports shall include of violations attributable to a particular per- note, on required reports on competency of a detailed analysis of how drug certification son), and encouraging the Secretary to no- foreign language experts at embassies. Re- determinations made the previous year af- tify diplomatic missions of United States peals Section 502B (b), 22 U.S.C. 2304 (b), on fected achievement of such objectives for the policies encouraging the prosecution of required reports on human rights in coun- previous calendar year; (3) the required co- members of foreign missions who commit tries that receive security assistance. Re- ordination of counterdrug and law enforce- crimes. peals Section 705 (c), P.L. 99–83, on required H996 CONGRESSIONAL RECORD — HOUSE March 10, 1998 reports on emigration from Haiti. Repeals the State Department’s border security pro- is held by a United States national, or who is Section 123 (e) (2), P.L. 99–93, on required re- gram. The House bill limits fees deposited to complicit in such conversions, or who in- ports on Operation, Maintenance, Security, $140 million in each fiscal year and fees are duces any such actions or omissions. Alteration, Repair of Foreign Service facili- subject to appropriation. The committee of conference consulted ties. Repeals Section 203 (c), P.L. 99–529, on The Senate amendment has no comparable closely with the Department of State in required reports on military training and provision. fashioning a provision that is acceptable to other nonlethal assistance for Haiti. Repeals The conference substitute (sec. 1222) is both sides. The committee of conference in- Sections 5 and 6, P.L. 96–236; 7 U.S.C. 3605 and similar to the House bill. The limitation on tends that this section provides the Sec- 3606, on required reports on implementation the deposit of $140 million and requiring that retary of State with the authority to respond of the sugar agreement. Repeals Section 514, fees be subject to appropriations were both to particularly egregious, unlawful P.L. 97–121, the Foreign Assistance and Re- deleted. The provision requires that collec- confiscations by foreign governments, espe- lated Programs Appropriations Act, a one tions that exceed $140 million will only be cially those confiscations not undertaken for time report on appropriations. Repeals Sec- available for expenditure subject to Congres- a public purpose but rather for the private tion 209 (c) and (d), P.L. 100–204, on required sional approval of a reprogramming notice gain of certain persons of public position. reports on audience survey of Worldnet pro- that details how the Department intends to The committee notes that this provision gram and notification of selected surveyor. spend any fees above $140 million in either would cover abuses of governmental or polit- Repeals Section 228 (b), P.L. 102–138; 22 USC fiscal year 1998 or fiscal year 1999. The re- ical positions, but there may be rare cases 2452 note, on required reports on Near and programming notification will be sent to the where aliens hold positions of particular so- Middle East research and training. Chairmen of the House and Senate authoriz- cial prominence and exercise forms of au- The conference substitute (sec. 1219) is ing committees and the House and Senate thority that allow them to take the property similar to the Senate amendment and elimi- appropriations committees. of foreign nationals for personal gain. nates seven reports and modifies two report- CONSULAR OFFICERS This section is not intended to apply to the ing requirements. The provision does not re- The House bill (sec. 1242) permits U.S. citi- issuance of a visa to aliens involved in a for- peal Section 502(b) of the Foreign Assistance zen employees abroad who are not consular eign government’s legitimate expropriation Act of 1961 (22 U.S.C. 2304(b)) and Section 514 officers to perform additional consular func- of property, consistent with international of the Foreign Assistance and Related Pro- tions, including the issuance of reports of law. Neither is this section intended to affect grams Appropriations Act, 1982 (PL 97–121). birth abroad, the authentication of foreign in any way the broad variety of private com- USE OF CERTAIN PASSPORT PROCESSING FEES documents, the administration of national- mercial disputes in which United States citi- FOR ENHANCED PASSPORT SERVICES ity provisions, and the administration of zens are involved all over the world. Further, The House bill (sec. 1241) requires that oaths for patent purposes. This provision is this section does not cover the exercise of thirty percent of the funds generated by the intended to improve the service to the public ministerial functions or legitimate police expedited passport fee (estimated to be $18 and to overcome consular staffing shortfalls powers, such as seizures of property used in million in fiscal year 1998) be dedicated ex- abroad. police and judicial authorities involved in clusively to enhancing passport services for The Senate amendment (sec. 1151) is simi- anti-drug programs. While this section sup- U.S. citizens, improving the system of lar to the House bill except that it also au- plements the sanctioning authority of Sec- issuing the passport, developing a more se- thorizes the Secretary to allow US govern- tion 527 of the 1994–1995 Foreign Relations cure document and increasing U.S. border se- ment contractors to serve as notaries Authorization Act (P.L. 103–236, April 30, curity. abroad. 1994), it is not meant to revise or otherwise The Senate amendment has no comparable The conference substitute (sec. 1223) is detract from the substantive requirements of provision. similar to the House bill with the inclusion that section of law. The conference substitute (sec. 1221) is of the Senate provision on notaries. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN identical to the House bill. REPEAL OF OUTDATED CONSULAR RECEIPT INTERNATIONAL CHILD ABDUCTOR The Committee of conference is alarmed REQUIREMENTS The Senate amendment (sec. 1156) denies by recent revelations that the State Depart- visas to aliens or family members of such ment does not maintain a data base on lost The House bill (sec. 1243) repeals an 1856 aliens who assist in the abducting of chil- or stolen U.S. passport. These U.S. passports Act that required the issuance of a receipt dren. are the frequent document of choice for when fees were collected by a consular offi- international travel by drug traffickers, cer for a service. The House bill has no similar provision. The Senate amendment (sec. 1152) is vir- other criminals, and terrorists who may tar- The conference substitute (sec. 1227) is tually identical. get U.S. interests. The timely identification similar to the Senate amendment with tech- The conference substitute (sec. 1224) is of lost or stolen documents for law enforce- nical changes. identical to the House bill. ment purposes is critical to protecting our HAITI; REPORTS AND EXCLUSION OF CERTAIN national security. ELIMINATION OF DUPLICATE FEDERAL REGISTER ALIENS In addition, the committee of conference is PUBLICATION FOR TRAVEL ADVISORIES The Senate amendment (sec. 1607) requires aware that on weekends there is no Depart- The House bill (sec. 1244) eliminates a du- a report to Congress on the deployment of mental procedure or mechanism to access plicative report on travel advisories. Pres- United States armed forces, and the costs the passport issuance records maintained by ently, both the Secretary of Transportation thereof, in Haiti. The Senate amendment the Consular Affairs Bureau. The result is and the Secretary of State publish the same (sec. 1614) makes findings regarding political that when a foreign law enforcement author- advisories. This section eliminates the need killings in Haiti and requires the exclusion ity inquires about the status of a person or for the Secretary of State to publish this ad- from the United States of any alien credibly passport on the weekend, the State Depart- visory. alleged to have been involved in such politi- ment does not or cannot respond. This is a The Senate amendment (sec. 1153) is vir- cal killings or in the September 1991 coup clear deficiency in border security proce- tually identical. d’etat or related violence against Haitians. dures. The two identified shortcomings limit The conference substitute (sec. 1225) is the This exclusion provision is subject to an ex- the U.S. government’s responses to foreign same as the Senate amendment. emption by the Secretary of State on a case- police security inquires at airports and often DENIAL OF VISAS TO ALIENS WHO HAVE CON- by-case basis, under specific conditions. makes it impossible for such authorities to FISCATED PROPERTY CLAIMED BY NATIONALS The House bill has no similar provision. prevent travel by possible criminals and ter- OF THE UNITED STATES The conference substitute (sec. 1228) com- rorists who may use lost or stolen U.S. trav- The Senate amendment (sec. 1155) would bines and modifies Senate sections 1607 and el documents. provide the Secretary of State with discre- 1614. This section clarifies the subjects of the The Department shall provide a report tion to deny the issuance of a visa to any report to Congress. For the purposes of the within 180 days of enactment on the Depart- alien who has confiscated or has directed or report, activities ‘‘in Haiti’’ shall apply to ment’s efforts to rectify weekend access to overseen the confiscation or expropriation of those activities in the territory of the Re- passport data, and establishing a data base property claimed by a United States na- public of Haiti, including its territorial wa- for lost or stolen passports. The committee tional, or converts or has converted for per- ters; and ‘‘cost of deployments of United of conference urges that the Consular Affairs sonal gain confiscated or expropriated prop- States Armed Forces’’ shall include, inter Bureau work expeditiously with the Diplo- erty claimed by a United States national. alia, any extraordinary United States Coast matic Security Bureau to establish a week- The House bill has no comparable provi- Guard operations initiated to control smug- end access program to records now available sion. gling to and from Haiti. on U.S. passports. The conference substitute (sec. 1226) pro- Regarding the exclusion of aliens, the con- SURCHARGE FOR PROCESSING CERTAIN MACHINE vides the Secretary of State with the author- ference substitute incorporates several tech- READABLE VISAS ity to deny the issuance of a visa to any nical amendments requested by the Depart- The House bill (sec. 1207) extends the au- alien who, through the abuse of position, in- ment of State; however, it does not include thority to collect and retain fees collected cluding a position of governmental or politi- language that the Department requested for the machine readable visa for fiscal years cal party position, converts or has converted that would have broadened the Secretary’s 1998 and 1999. The fees collected are offset- for personal gain real property that has been exemption to include ‘‘compelling foreign ting collections to be used for the costs of confiscated or expropriated, a claim to which policy’’ reasons. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H997

MIGRATION AND REFUGEE ASSISTANCE The conference substitute (sec. 1243) is with someone other than an Assistant Sec- The House bill (sec. 1104) authorizes identical to the House bill. retary. $623,000,000 for each of the fiscal years 1998 ELIGIBILITY FOR REFUGEE STATUS The committee of conference is concerned that a lack of professional expertise in the and 1999 for Migration and Refugee Assist- The Senate amendment (Sec. 1624) amends areas of security, law enforcement, intel- ance. Of this amount, $1,000,000 is authorized current law to permit the unmarried chil- ligence, and management at the top often for each fiscal year 1998 and 1999 for Tibetan dren of Vietnamese persons who emigrate to places the Bureau at an operational dis- refugees in India. This section authorizes an the United States under the Orderly Depar- advantage. The head of the Diplomatic Secu- additional $80,000,000 for each of the fiscal ture Program to also qualify for emigration rity bureau must contend with the institu- years 1998 and 1999 for the resettlement of under the program. tional indifference to security matters while refugees in Israel; and $1,500,000 for each of The House bill has no comparable provi- keeping abreast of threats and counter- the fiscal years 1998 and 1999 for displaced sion. measures. Professionally experienced leader- Burmese. The total amount available for ref- The conference substitute (Sec. 1244) is ship should help improve the implementa- ugee programs for fiscal years ’98 and ’99 is identical to the Senate provision. $704,500,000. tion of security standards, oversight of re- The Senate amendment (sec. 1102) author- REPORT TO CONGRESS CONCERNING CUBAN gional security operations, confidence within izes a total of $650,000,000 for each of the fis- EMIGRATION POLICIES the executive branch agencies, and advocacy cal years 1998 and 1999 for Migration and Ref- The House bill (sec. 1261) requires periodic within the State Department for appropriate ugee Assistance. reports on the Cuban Government’s methods resources. In short qualified leadership will The conference substitute (sec. 1231) au- of enforcing its 1994 and 1995 anti-immigra- ensure that the duties assigned to the Diplo- thorizes $650,000,000 for fiscal year 1998 and tion agreements with the United States, on matic Security Service are fully executed. $704,500,000 for fiscal year 1999 for Migration treatment of persons returned to Cuba under NOMINATION OF UNDER SECRETARIES AND and Refugee Assistance. The total for each the 1995 agreement, and on the methods used ASSISTANT SECRETARIES fiscal year includes specific authorization of by the United States to monitor such treat- The conference substitute (sec. 1306) added no more than $2 million for the Tibetan refu- ment and enforcement. this section to require that the President gee program, the resettlement of refugees in The Senate amendment has no comparable identify the particular position the Under Israel and for humanitarian assistance for provision. Secretary or the Assistant Secretary will oc- the displaced Burmese. The conference substitute (sec. 1245) is cupy when the nomination is transmitted to UNITED STATES POLICY REGARDING THE similar to the House bill with technical the Senate for confirmation. change on the first reporting date. INVOLUNTARY RETURN OF REFUGEES FOREIGN SERVICE REFORM ORGANIZATION OF THE DEPARTMENT OF STATE; The House bill (sec. 1701) provides that no The Senate bill (Sec. 1138): 1) requires that PERSONNEL; FOREIGN SERVICE funds authorized by division B be used for Foreign Service Officers, as Officers commis- the involuntary return of refugees to coun- COORDINATOR FOR COUNTER TERRORISM sioned by the President, receive in all such tries in which they have a well-founded fear The House bill (sec. 1301) establishes the of- instances their regular salaries based upon of persecution, except on grounds recognized fice of the Coordinator for Counter terror- rank and service; (2) makes it possible to as precluding refugee protection under the ism. confer a Presidential award without requir- 195l Convention and the 1967 Protocol. It The Senate amendment has no comparable ing an accompanying cash payment; and (3) would not prohibit funding for the return of provision. requires the Secretary of State to develop persons who had been found to be non-refu- The conference substitute (sec. 1301) is and implement a plan to identify officers gees by a process genuinely calculated to identical to the House bill. who are ranked by promotion boards in the identify and protect refugees. ELIMINATION OF DEPUTY ASSISTANT SECRETARY bottom 5% of their class for any two of five The Senate amendment has no comparable OF STATE FOR BURDENSHARING years, and recommend such officers for sepa- provision. ration from the Foreign Service. The House bill (sec. 1302) eliminates the The conference substitute (sec. 1241) is The House bill has no comparable provi- statutory requirements for the Assistant similar to the House bill with a technical sion. change. Secretary for South Asia, the Assistant Sec- The conference substitute (Sec. 1311) is retary for Oceans, Environment and Science US POLICY WITH RESPECT TO THE INVOLUNTARY similar to the Senate bill but eliminates the and the Deputy Assistant Secretary for Bur- RETURN OF PERSON IN DANGER OF SUBJEC- requirement regarding regular salaries. The den sharing. TION TO TORTURE substitute also amends the expedited separa- The Senate amendment (sec. 1131) elimi- tion out requirement to add protections The House bill (sec. 1702) prohibits the in- nates the Deputy Assistant Secretary for voluntary return of any person to country in where one supervisor has a grudge against an Burden sharing. individual he or she is supervising. which he or she is in serious danger of being The conference substitute (sec. 1302) is subjected to torture. identical to the Senate amendment. RETIREMENT BENEFITS FOR INVOLUNTARY The Senate amendment (sec. 1606) pro- SEPARATION PERSONNEL MANAGEMENT hibits the United States from expelling, ex- The House bill (sec. 1326) corrects drafting traditing, or otherwise effecting the involun- The House bill (sec. 1303) provides that the oversights regarding retirement benefits for tary return of any person to a country in official with primary responsibility for mat- the foreign service employees under the which there are reasonable grounds for be- ters relating to personnel in the Department ‘‘new system’’ for those who are involuntar- lieving the person would be in danger of sub- of State, or that person’s deputy, shall have ily separated. The amendment makes clear jection to torture. substantial professional qualifications in the that separated members cannot receive both The conference substitute (sec. 1242) is field of human resource policy and manage- immediate retirement benefits and sever- similar to the House bill but makes a state- ment. ance-type payments. ment of policy regarding implementation of The Senate amendment contains no com- The Senate amendment had no comparable the Torture Convention. The provision gives parable provision. provision. the authority to the appropriate federal The conference substitute (sec. 1303) is The conference substitute (sec. 1312 ) is agencies to promulgate regulations to imple- similar to the House bill and includes tech- identical to the House bill. nical changes. ment the Convention, subject to the condi- AUTHORITY OF SECRETARY TO SEPARATE tions of ratification set by the Senate in its DIPLOMATIC SECURITY OFFICIALS OF THE CONVICTED FELONS FROM SERVICE resolution of ratification of the Torture Con- DEPARTMENT OF STATE The House bill (sec. 1323) excludes individ- vention. The conference provision also The House bill (sec. 1304) provides that any uals who have been convicted of a crime for makes clear that the regulations will be con- Assistant Secretary with primary respon- which a sentence of imprisonment of greater sistent with the Immigration and National- sibility for diplomatic security, or that per- than one year may be imposed from the right ity Act (INA). The provision agreed to by the son’s principal deputy, shall have substantial to have the cause for their separation estab- conferees does not permit for judicial review professional qualifications in the fields of (1) lished in a hearing before the Foreign Serv- of of the regulations or of most claims under management and (2) federal law enforce- ice Grievance Board. the Convention. Finally, the Conference pro- ment, intelligence, or security. The Senate amendment has no comparable vision ensures that the Attorney General is The Senate amendment contains no com- provision. not prevented from detaining any individual parable provision. The conference substitute (sec. 1313) is under the INA. The conference substitute (sec. 1304) is identical to the House bill. The committee of REPROGRAMMING OF MIGRATION AND REFUGEE similar to the House bill. It modifies the conference believes that because of the spe- ASSISTANCE FUNDS House provision so that any ‘‘official’’ with cial trust placed in members of the Foreign The House bill (sec. 1262) provides a waiver primary responsibility, rather than any ‘‘As- Service, in the case of an individual who has of the 15-day notification requirement of the sistant Secretary’’ with such responsibility been convicted of a felony and where the drawdown of funds from the migration and (or that person’s deputy), is required to have Secretary has determined that the individual refugee account in the case of an emergency. the stated qualifications. This provision is be separated for cause, the due process rights The Senate amendment has no similar pro- intended to apply even if the primary respon- of the individual will have been sufficiently vision. sibility for diplomatic security is lodged protected by the processes of the criminal H998 CONGRESSIONAL RECORD — HOUSE March 10, 1998 justice system, and the individual in ques- The conference substitute (sec. 1317) is will be marked by the extent of progress to- tion may be separated without the need for identical to the House bill. ward freedom and democracy. The conferees a hearing before the Grievance Board. REPORT CONCERNING MINORITIES AND THE will continue to monitor this program to CAREER COUNSELING FOREIGN SERVICE evaluate its impact on such progress. Women’s World Cup Soccer. The committee The House bill (sec. 1324) provides that the The House bill (sec. 1325) requires the Sec- of conference is pleased to note that the 1999 statutory authority permitting career coun- retary of State to submit an annual report Women’s World Cup soccer event will take seling and related job placement services concerning minorities in the Foreign Serv- place in the United States. The committee of that may be provided to employees prior to ice. conference recognizes that the U.S. Informa- their separation from the Foreign Service The Senate amendment has no comparable tion Agency has provided support for similar shall not be construed to permit an assign- provision. events in the past since such competitions ment that consists primarily of paid time to The conference substitute (sec. 1318) is offer opportunities to advance the public di- conduct a job search and without other sub- similar to the House bill with two modifica- plomacy goals of the United States. Accord- stantive duties. This limitation would not tions: (1) it requires a report only for cal- ingly, the committee of conference urges the have applied to individuals being separated endar years 1998 and 1999; and (2) it deletes U.S. Information Agency to provide appro- from the Foreign Service and who are both the redundant requirement to provide the priate support within available resources for (a) not receiving an immediate annuity, and numbers and percentages of all minorities in exchange-related activities associated with (b) have not been stationed in the United the Foreign Service. the World Cup. States within one year prior to their separa- AUTHORITIES AND ACTIVITIES FOR UNITED National Endowment for Democracy. The tion. STATES INFORMATION AGENCY Senate amendment (sec. 1302) authorizes The Senate amendment contains no com- AUTHORIZATION OF APPROPRIATIONS $30,000,000 for fiscal year 1998 and $30,000,000 parable provision. The House bill (sec. 1106) authorizes a total for fiscal year 1999 to carry out the National The conference substitute (sec. 1314) modi- of $1,112,928,000 for fiscal year 1998 and Endowment for Democracy Act. The section fies the House provision to prohibit any $1,102,928,000 for 1999 for the U.S. Information prescribes in law current National Endow- member of the foreign service to be assigned Agency. ment for Democracy (NED) practice, that 55 to more than one month of paid time, free of The Senate amendment (sec. 1301) author- percent of funding will be divided equally be- other substantive duties, to undertake a job izes a total of $1,093,120,000 for fiscal year tween the four major NED grantees: the search. This limitation does not apply to the 1998 and $1,083,410,000 for 1999 for the U.S. In- International Republican Institute (IRI), the one month ‘‘job search seminar’’ currently formation Agency. National Democratic Institute (NDI), the offered to certain departing employees. The The conference substitute (sec. 1401) au- Free Trade Union Institute (FTUI), and the Committee of conference does not intend to thorizes a total of $1,116,300,000 for fiscal year Center for International Private Enterprise. create an entitlement to either program. The 1998 and $1,115,363,000 for 1999 for the U.S. In- The House bill (sec. 1106(9)) authorizes Administration may further limit or elimi- formation Agency. The conference report in- $30,000,000 for fiscal year 1998 and $30,000,000 nate the program. cludes the following subauthorizations: for fiscal year 1999 to carry out the National As in the House bill, the effective date of (1) Vietnam Fulbright exchange programs: Endowment for Democracy Act. this new provision is delayed for 180 days so $5,000,000 for fiscal year 1998 and $5,000,000 for The conference substitute (sec. 1401(9)) is as not to disadvantage individuals who had fiscal year 1999. identical to the House bill. relied on the earlier policies of the Adminis- (2) South Pacific exchanges programs: RETENTION OF INTEREST tration. $500,000 for fiscal year 1998 and $500,000 for The House bill (sec. 1402) authorizes grant- LIMITATIONS ON MANAGEMENT ASSIGNMENTS fiscal year 1999. ees of the National Endowment of Democ- The House bill (sec. 1328) amends section (3) East Timorese Scholarships: $500,000 for racy to deposit their grant money in interest 1017(e) of the Foreign Service Act of 1980 to fiscal year 1998 and $500,000 for fiscal year bearing accounts and to use the interest for modify the definition of ‘‘management offi- 1999. the purposes of the grant. cial’’ to include only those individuals in- (4) Tibetan Exchanges: $500,000 for fiscal The Senate bill has no comparable provi- volved in labor-management relations or year 1998 and $500,000 for fiscal year 1999. sion. personnel programs. Section 1017 was pre- Vietnam Fulbright Authorization. The Sen- The conference substitute (sec. 1411) is viously amended to restrict the movement of ate bill (section 1301 (b)) authorizes to be ap- identical to the House bill. Foreign Service personnel between certain propriated $5,000,000 in each of the fiscal USE OF SELECTED PROGRAM FEES years 1998 and 1999 for the Vietnam Fulbright positions in labor organizations and manage- The House bill (sec. 1404) expands the Program established by Section 229 of the ment positions in the Foreign Affairs agen- United States Information Agency’s existing Foreign Relations Authorization Act, Fiscal cies in order to prevent conflicts of interests fee retention authority. from arising. This provision is intended to Years 1992 and 1993 (PL 102–138). The Senate amendment (sec. 1311) is vir- continue to protect against conflicts of in- The House bill contains no comparable pro- tually identical. terest, but narrows the application of the vision. The conference substitute (sec. 1412) is two-year prohibition to individuals who take The conference substitute (sec. 1401(3)(A) similar to the Senate amendment, with tech- management jobs subsequent to serving in a (ii)) is identical to the Senate provision. nical changes to fully rewrite the section of position with the American Foreign Service This program was first authorized at an law amended by the section. annual level of $3 million in fiscal year 1994 Association and vice versa. MUSKIE FELLOWSHIP PROGRAM The Senate amendment (sec. 1141) is iden- and was funded at $2.7 million in fiscal year The House bill (sec. 1405) expands the fields tical to the House bill. 1997. The increase in authorization will pro- of study covered by the Muskie Fellowship The conference substitute (sec. 1315) is the vide for an increase in the number of schol- Exchange Program which operates in the same as the Senate amendment. arships given to Vietnamese candidates to study in the United States and an expansion former Soviet Union, Lithuania, Latvia, and AVAILABILITY PAY FOR THE DIPLOMATIC of the teaching program in Vietnam includ- Estonia. In addition, the provision replaces SECURITY SERVICE ing the curricula and the number of Amer- the term ‘‘Soviet Union’’ in the statute with The House bill (sec. 1327) extends eligi- ican teachers and Vietnamese students. ‘‘Independent States of the Former Soviet bility for law enforcement availability pay The conferees remain deeply concerned Union.’’ (LEAP) to certain agents with the Depart- about the current lack of political and reli- The Senate amendment (sec. 1313) is nearly ment of State’s Diplomatic Security service. gious freedom in Vietnam. However, the con- identical to the House bill. The conference substitute (sec. 1413) is The House intended to provide LEAP to cer- ferees believe that exchange programs of this identical to the House bill. tain individuals (1) whose ‘‘primary’’ duties nature, which provide educational opportuni- consist of ‘‘performing’’ protective functions ties and exposure to American institutions WORKING GROUP ON UNITED STATES GOVERN- or criminal investigations or both, and (2) and values, can be important tools in hasten- MENT SPONSORED INTERNATIONAL EXCHANGES who actually worked the required hours. ing the transition of countries like Vietnam AND TRAINING The Senate amendment (sec. 1139) is simi- into free and open societies. The conferees The House bill (sec. 1406) establishes an lar to the House bill but it does not contain understand that the Vietnamese Government interagency working group on international either of the two conditions set out above. does not select the participants in this pro- exchanges and training to improve the co- The conference substitute (sec. 1316) is gram and that any Vietnamese citizen can ordination, efficiency and effectiveness of US similar to the House bill. It deletes condition apply for admission to this program. The government sponsored exchange programs. (1) and retains condition (2) of the House bill. conferees expect USIA to continue to ensure The Senate amendment (sec. 1317) is simi- NON OVERTIME DIFFERENTIAL PAY that opportunities to participate in the pro- lar to the House bill. The House bill (sec. 1322) allows the Sec- gram are made available to all qualified ap- The conference substitute (sec. 1414) is retary of State to substitute another day in plicants and to administer this program similar to the House bill with technical lieu of Sunday for purposes of Sunday pre- under the guidelines set out in Section 102 of changes. mium pay in countries where the normal the Human Rights, Refugee, and Other For- EDUCATIONAL/CULTURAL EXCHANGES AND workweek includes Sunday. eign Provisions Act of 1996 (PL 104–319). SCHOLARSHIPS FOR TIBETANS AND BURMESE The Senate amendment (sec. 1134) is vir- The success of the Vietnam Fulbright Pro- The House bill (sec. 1407) requires USIA to tually identical to the House bill. gram and similar programs in like countries provide 30 scholarships for Tibetans and 15 March 10, 1998 CONGRESSIONAL RECORD — HOUSE H999 scholarships for Burmese. It also requires The conference substitute (sec. 1421) is the organization and (b) salary/benefits that he/ USIA to establish exchange programs for Ti- same as the Senate amendment. The com- she would have received had he/she been de- betans and Burmese. mittee of conference notes that the House tailed to the international organization but The Senate amendment has no comparable Report (105–94) discussed this issue in sup- paid by the U.S. Government. provision. port of expanding VOA programming to in- The Senate amendment has no comparable The conference substitute (sec. 1415) is corporate specific interests of the states and provision. similar to the House bill. The provision was territories. Such programming is in keeping The conference substitute (sec. 1504) is redrafted to amend current law (Section with U.S. international broadcasting stand- similar to the House bill with technical 103(b)(1) of PL 104–319) to extend the Tibet ards and principles. changes. and Burmese scholarship program for fiscal INTERNATIONAL CONFERENCES AND REPORTS REGARDING FOREIGN TRAVEL years 1998 and 1999. In addition, section 1732 CONTINGENCIES The Senate amendment (sec. 1214) requires of the House bill was incorporated into this The House bill (sec. 1102) provides author- any officer or employee of United States Ex- section which provides for participants from ization of appropriations for voluntary and ecutive agencies attending any international Tibet to be active in the preservation of Ti- assessed contributions to international orga- conference or engaging in any other foreign bet’s culture, religion and language. nizations, voluntary and assessed contribu- travel to submit a report to the Director of UNITED STATES-JAPAN COMMISSION tions to UN peacekeeping, and international the Office of International Conferences of The House bill (sec. 1408) amends the conferences and contingencies. the Department of State stating the purpose, United States-Japan Friendship Act (PL 94– The Senate amendment (sec. 1201) provides duration and estimated cost of the travel. 118) to permit the Commission to invest the authorization of appropriations for inter- The requirement does not apply to the Presi- trust fund in either Japan or US Government national conferences and contingencies on; dent, the Vice President, or any person trav- securities. $3,944,000 for fiscal year 1998, and $3,500,000 eling on a delegation led by the President or The Senate amendment (sec. 1618) is vir- for fiscal year 1999. Vice President, or any officer or employee of tually identical. The conference substitute (sec. 1501) pro- the Executive Office of the President, or the The conference substitute (sec. 1416) is vides $3,500,000 for fiscal years 1998, and foreign travel of officers or employees of identical to the House bill. $1,223,000 for fiscal year 1999 for international United States Executive agencies who are carrying out intelligence or intelligence-re- SURROGATE BROADCASTING STUDY conferences and contingencies. lated activities, or law enforcement activi- RESTRICTIONS RELATING TO INTERNATIONAL The House bill (sec. 1409) requires the USIA ties, or the deployment of members of the CRIMINAL TRIBUNAL to conduct studies on the feasibility of pro- Armed forces of the United States or U.S. viding surrogate broadcasting service to Af- The Senate amendment (sec. 1211) requires Government officials engaged in sensitive rica and Iran. that any participation of the United States diplomatic missions. The Senate has no comparable amendment. in an international criminal court is subject The House bill has no similar provision. The conference substitute (sec. 1417) is to the advise and consent of the Senate and The conference substitute (sec. 1505) is similar to the House bill but eliminates the statutory implementing legislation. similar to the Senate amendment but makes study regarding Iran. The House bill has no similar provision changes to limit the application of the re- RADIO BROADCASTING TO IRAN The conference substitute (sec. 1502) is porting requirement to travel to and from similar to the Senate bill but clarifies the The Senate amendment (sec. 1315) provides international conferences and meetings. The definition of membership and jurisdiction $2 million of the grant funds designated for exception to this reporting requirement is under such a court. The provision also makes Radio Free Europe/Radio Liberty to be avail- narrowed to apply only to the President or clear that nothing in the section would pro- able for broadcasting to Iran. It also requires Vice President (not their staffs), and officers hibit the sharing of information, expertise, a report on how this new surrogate broad- or employees engaged in protective func- or other such assistance with such a court casting service will be implemented. tions, intelligence activities, or sensitive prior to Congressional approval. Finally, the The House bill has no comparable provi- diplomatic missions. For all other travel, the conference substitute makes clear that this sion. substitute requires the President to submit a provision does not apply to the existing The conference substitute (sec. 1418) is report detailing the cost of and number of Rwanda and Former Yugoslavia war crimes identical to the Senate amendment. persons engaged in international travel. tribunals. AUTHORITY TO ADMINISTER SUMMER TRAVEL ACDA AUTHORIZATION OF APPROPRIATIONS MEMBERSHIP IN THE INTER-PARLIAMENTARY AND WORK PROGRAMS The House bill (sec. 1107) authorizes UNION The House bill (sec. 1410) authorizes the Di- $44,000,000 for fiscal year 1998 and $44,000,000 The Senate bill (Sec. 1213) requires either a rector of USIA to administer the summer for fiscal year 1999 for the Arms Control and cap of $500,000 on U.S. payments to the Inter- travel/work program without regard to the Disarmament Agency. Parliamentary Union (IPU) or withdrawal by pre-placement requirements of the ‘‘J’’ visa. The Senate amendment (sec. 1501) author- the United States. The fund also requires The Senate amendment (sec. 1319) is vir- izes $39,000,000 for fiscal year 1998 and $0 for that funds allocated for travel by Members tually identical. fiscal year 1999 for the Arms Control and Dis- of Congress be returned to the State Depart- The conference substitute (sec. 1419) is armament Agency. ment. The conference substitute (sec. 1601) au- identical to the Senate amendment. The House bill has no similar provision. thorizes $41,500,000 for fiscal year 1998. For PERMANENT ADMINISTRATIVE AUTHORITIES The conference substitute (Sec. 1503) fiscal year 1999, $0 is authorzied for ACDA. REGARDING APPROPRIATIONS makes technical and conforming amend- The committee of conference notes that The House bill (sec. 1411) allows the USIA ments to the Senate provision. The provision there will be an expected 2–fold increase in to transfer among accounts in the second has the same effect of capping U.S. payments fees collected from the Machine Readable year of a two-year bill and makes this au- at $500,000 or requiring withdrawal so that Visa which can be used to offset costs for thority permanent. The transfers could ex- the United States will not accumulate ar- ACDA. ceed the authorized levels, but are subject to rears to the IPU. The provision also makes STATUTORY CONSTRUCTION limitation. The limitations are that amounts conforming amendments to delete the per- The Senate bill (sec. 1511) reinstates a clar- appropriated to the Salaries and Expenses manent appropriation for travel by Members ification contained in the Arms Control and and Exchange Program accounts may not ex- of Congress. Unobligated balances in this ac- Disarmament Act removed in the 102nd Con- ceed by more than 5% the authorized level. count shall be transferred to the U.S. Treas- gress. This section makes clear that the No other appropriation account may exceed ury following enactment of this Act. This Arms Control and Disarmament Agency can- by more than 10% the amount authorized. provision was requested by the Secretary of not authorize policies which would interfere The Senate amendment (sec. 1312) is simi- the Senate and the Clerk of the House of with the use of firearms by an individual for lar to the House provision, except that it Representatives due to a lack of Congres- the lawful purpose of personal defense, sport, permits the transfer to occur in either year sional interest during the last decade. The recreation education or training. of a two year authorization and makes the Secretary of the Senate has indicated that The House bill has no comparable provi- authority permanent. interested Members of Congress can still sion. The conference substitute (sec. 1420) is the travel under Leadership authorization and The conference substitute (sec. 1602) is same as the House bill. use State Department 502b funds. identical to the Senate amendment. VOICE OF AMERICA BROADCASTS SERVICE IN INTERNATIONAL ORGANIZATIONS TITLE XVIII—EUROPEAN SECURITY ACT The Senate amendment (sec. 1316) requires The House bill (sec. 1501) repeals a provi- The House bill (sec. 3201–3207), includes the that the Voice of America devote program- sion in the Federal Employees International ‘‘European Security Act of 1998’’ which con- ming time each day to broadcasting informa- Organizations Services Act which entitles a tains various provisions relating to security tion on the individual States of the United Federal employee after terminating his/her relations with Europe and Russia, including States. The broadcasts are to include infor- service with an international organization with respect to NATO enlargement, conven- mation on the products, cultural and edu- and reentering the federal service, the dif- tional arms control negotiations in Europe, cational facilities, and trade opportunities. ference between (a) the salary, allowance, and ballistic missile defense. The House bill has no comparable provi- post adjustment and other monetary benefits The Senate amendment has no comparable sion. actually paid to him/her by the international provision. H1000 CONGRESSIONAL RECORD — HOUSE March 10, 1998 The conference substitute (sec. 1701–1705) is The Senate amendment has no comparable sultations, the President should seek such similar to the House bill with modest provision. governments’ input on the possibility of changes. The conference substitute (sec. 1802) is forming alliance structures to (1) develop a With respect to NATO enlargement, the similar to the House language, although it regional, multilateral strategy to address Act declares, among other things, that Po- does not amend the permanent law but ap- the drug trafficking threat; and (2) establish land, Hungary, and the Czech Republic plies through September 30, 1999. The con- a new mechanism for improving multilateral should not be the last emerging democracies ference substitute also clarifies that the re- coordination of drug interdiction and drug- in central and Eastern Europe admitted to ports shall not identify the names of entities related law enforcement activities in the NATO. To implement this policy, the Act under review pursuant to Title IV of the Western Hemisphere. designates Romania, Estonia, Latvia, Lith- LIBERTAD Act. The House bill has no comparable provi- uania, and Bulgaria as eligible to receive as- REPORT ON COMPLIANCE WITH THE HAGUE CON- sion. sistance under the NATO Participation Act VENTION ON INTERNATIONAL CHILD ABDUC- The conference substitute (section 1807) is of 1994. This designation gives these coun- TION the same as the Senate amendment with tries the same status under U.S. law as cur- technical changes. rently enjoyed by Poland, Hungary, the The House bill (sec. 1710) requires periodic TAIWAN AND THE WORLD TRADE ORGANIZATION Czech Republic, and Slovenia. The Act fur- reports on the compliance of the signatories ther declares that NATO enlargement should to the Hague Convention on the Civil As- House bill (sec. 1722) expresses that Con- be carried out in such a manner as to under- pects of International Child Abduction. gress favors public support by officials of the score the Alliance’s defensive nature and The Senate amendment has no comparable Department of State for the accession of Tai- demonstrate to Russia that NATO enlarge- provision. wan to the World Trade Organization. ment will enhance the security of all coun- The conference substitute (sec. 1803) is The Senate amendment has no comparable tries in Europe, including Russia. similar to the House bill with the addition provision. With respect to conventional arms control, that the report include efforts by the State The conference substitute (sec. 1808) is the the Act declares that no revisions to the Department to encourage other countries to same as the House bill with a few modifica- Conventional Armed Forces in Europe Trea- become signatories of the Convention, and tions. ty will be approved for entry into force with limiting the reporting requirement to fiscal PROGRAMS AND PROJECTS OF THE IAEA IN CUBA respect to the United States that jeopardize years 1998 and 1999. The House bill (sec. 1801) withholds funds fundamental United States security inter- ECUMENICAL PATRIARCHATE BY THE to a country in the amount equal to the ests in Europe or the effectiveness of NATO GOVERNMENT OF TURKEY value of nuclear fuel and related assistance as a defensive alliance by, for example, ex- The House bill (sec. 1711) expresses a sense provided by that country to Cuba during the tending rights or imposing responsibilities of Congress that the US should recognize the preceding year. on new NATO members different from those Ecumenical Patriarchate, located in The Senate amendment has no comparable applicable to current NATO members, or by Istanbul, Turkey as the spiritual center for provision. limiting the ability of NATO to defend the more than 300 million Orthodox Christians The conference substitute (sec. 1809) is the territory of new NATO members. same as the House bill. With respect to ballistic missile defense, worldwide. the Act declares that as the United States The Senate amendment has no comparable LIMITATION ON ASSISTANCE TO COUNTRIES proceeds with efforts to develop defenses provision. AIDING CUBA NUCLEAR DEVELOPMENT against ballistic missile attack, it should The conference substitute (sec. 1804) is the The House bill (sec. 1801) prohibits assist- seek to foster a climate of cooperation with same as the House bill, except that the ref- ance to countries aiding Cuba’s nuclear pro- Russia on matters related to missile defense. erence to the US using its influence as a per- grams. In particular, the United States and its manent member of the UN Security Council The Senate amendment has no comparable NATO allies should seek to cooperate with was deleted. provision. Russia in such areas as early warning. REPORT ON RELATIONS WITH VIETNAM The conference substitute (sec. 1810) is the To implement this policy, the Act provides The House bill (sec. 1714) expresses a sense same as the House bill. that no agreement establishing a demarca- of Congress that US-Vietnamese relations INTERNATIONAL FUND FOR IRELAND tion between theater and strategic missile should be developed in such a way as to fa- The House bill (sec. 1737) amends the defense systems may enter into force with cilitate maximum progress in the areas of Anglo-Irish Agreement Support Act of 1986 respect to the United States without the ad- POW/MIA, human rights, and refugee issues, (P.L. 99–415) to strongly recommend that vice and consent of the Senate pursuant to regional stability and economic relations. U.S. contributions ‘‘shall’’ be used in a man- Article II, section 2, clause 2 of the Constitu- The Senate amendment has no comparable ner that effectively increases employment tion. The purpose of this restriction is to provision. opportunities in communities with rates of prevent the Administration from implement- The conference substitute (sec. 1805) re- unemployment ‘‘significantly’’ higher than ing such an agreement on its own on the the- quires the Secretary of State to report on the local or urban average of unemployment ory that Congress has ‘‘preauthorized’’ the the extent to which the Government of Viet- in Northern Ireland (defined as the counties implementation of such an agreement in nam is 1) cooperating with the US on the of Antrim, Armagh, Derry, Down, Tyrone, prior legislation. fullest possible accounting of POW/MIA’s; 2) The Act further implements this policy re- and Fermanagh). has made progress on the release of political garding ballistic missile defense by requiring Funding should be provided by the IFI only and religious prisoners; 3) is cooperating on the submission of a report on cooperative if individuals or entities receiving such funds requests by the U.S. to obtain full and free ballistic missile defense efforts with Russia, are in compliance with the ‘‘principles of access to persons for interviews under the including in the area of early warning, not economic justice.’’ The principles of eco- Orderly Departure and Resettlement Oppor- later than July 1, 1998, July 1, 1999, and July nomic justice are defined as the ‘‘MacBride tunities for Vietnamese Refugees programs; 1, 2000. This report shall include, among Principles’’ as modified, include: 4) has taken action to end corrupt practices (1) Increasing the representation of indi- other matters, a discussion of the status of in connections with exit visas; and 5) is mak- viduals, from under represented religious any dialogue with Russia aimed at exploring ing efforts to interview and resettle former groups in the workforce, including manage- the potential for mutual accommodation of reeducation camp victims and other persons. rial, supervisory, administrative, clerical, outstanding issues between the two coun- and technical jobs, tries arising under the ABM Treaty. REPORTS CONCERNING HUMAN RIGHTS VIOLATIONS IN LAOS (2) Providing adequate security for the pro- REPORTS ON CLAIMS BY U.S. FIRMS AGAINST tection of minority employees at the work- THE GOVERNMENT OF SAUDI ARABIA The House bill (sec. 1723) requires a report on the allegations of persecution and abuse place, The House bill (sec. 1703) requires a report (3) Banning provocative sectarian or politi- of the Hmong and Laotian refugees who have every 120 days on the progress in resolving cal emblems from the workplace, returned to Laos. the commercial disputes between US firms (4) Providing that all job openings be ad- The Senate amendment has no comparable and the Government of Saudi Arabia. vertised publicly and providing that special provision. The Senate amendment has no comparable recruitment efforts be made to attract appli- The conference substitute (sec. 1806) is provision. cants from under represented religious identical to the House bill. The conference substitute (sec. 1801) is the groups, same as the House bill with some modifica- REPORT ON AN ALLIANCE AGAINST NARCOTICS (5) Providing that layoff, recall and termi- tions to the report requirements. TRAFFICKING IN THE WESTERN HEMISPHERE nation procedures do not favor a particular REPORTS ON DETERMINATIONS UNDER TITLE IV The Senate amendment (section 1608(a)) religious group, OF THE LIBERTAD ACT expresses the sense of the Congress that the (6) Abolishing job reservations, apprentice- The House bill (sec. 1705) requires the Sec- President should discuss with the democrat- ship restrictions and differential employ- retary of State to make quarterly reports to ically-elected Western Hemisphere govern- ment criteria which discriminate on the the Congress on the implementation of Title ments, during the President’s trips in the re- basis of religion, IV of the Cuban Liberty and Democratic Sol- gion in 1997 and through other consultations, (7) Providing for the development of train- idarity (LIBERTAD) Act of 1996 (P.L. 104– the prospect of forming a multilateral alli- ing programs that will prepare substantial 114). ance to address drug trafficking. In such con- numbers of minority employees for skilled March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1001 jobs, including the expansion of existing pro- ingly, the commitment to implement sub- tices include not only overt lobbying for grams and the creation of new programs to section (b) should be detailed, the new public such changes, but also such other activities train, upgrade and improve the skills of mi- documents referred to in subsection (c) as sponsoring, rather than merely attending, nority employees, should be included with the report, and the conferences and workshops on the alleged de- (8) Establishing procedures to assess, iden- Department of State should indicate the fects of the abortion laws, as well the draft- tify and actively recruit minority employees steps taken to inform U.S. citizens born in ing and distribution of materials or public with the potential for further advancement, Jerusalem of the option they may exercise in statements calling attention to such alleged and seeking implementation of subsection (d). defects. (9) Proving for the appointment of a senior The Department of State should also include DIVISION C—UNITED NATIONS REFORM management staff member to be responsible the number of citizens requesting the change GENERAL PROVISIONS for the employment efforts of the entity and, permitted by subsection (d). Short title within a reasonable period of time, the im- SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ plementation of the principles described The House bill has no similar section. The conference substitute (sec. 1813) adds a The Senate bill (Sec. 2001) names this divi- above. new section on Iraq. The committee of con- The section also includes the principles of sion the ‘‘United Nations Reform Act of ference notes that bringing Saddam Hussen economic justice to insure that these prin- 1997.’’ and other Iraqi officials to justice for war ciples should be applied by those individuals The conference substitute (Sec. 2001) is crimes has been a stated goal of President or entities who receive any portion of the identical to the Senate bill. Clinton’s administration since 1993. Legisla- U.S. contribution to the International Fund DEFINITIONS tion encouraging the Administration to pur- for Ireland. sue this course has passesd the House (H. The House bill has no similar section. In addition a new provision was added to The Senate bill (Sec. 2002) defines the Con. Res. 137) and is pending in the Senate insure nothing shall require quotas or re- terms: appropriate congressional committee, (S. Con. Res. 78). Secretary of State verse discrimination, which is consistent designated specialized agency, secretary gen- Albright’s statement of February 26, 1998 is with the intent and purpose of the MacBride eral, United Nations member, United Na- noted: ‘‘We look forward to working effec- principles. tions peacekeeping operation. tively with them in the future.’’ The overt The Senate amendment has no comparable The conference substitute (Sec. 2002) is support for political activities and broad- provision. nearly identical to the Senate bill. casting by opposition forces can have a sig- The conference substitute (sec. 1811) is nificant impact inside Iraq. In addition, the NONDELEGATION OF CERTIFICATION similar to the House bill except the manda- committee of conference notes that dispar- REQUIREMENTS tory requirement that the US contributions ate Kurdish, Shiite, and Sunni groups have The House bill has no similar section. shall be used in a manner that effectively in- in the past been willing to set aside their dif- The Senate bill (Sec. 2003) expresses that creases employment opportunities in com- ferences and unite under the umbrella of the the Secretary of State may not delegate the munities with rates of unemployment ‘‘sig- Iraqi National Congress (INC) to effectively authority in this chapter to make any cer- nificantly’’ higher than the local or urban challenge Saddam Hussein. The committee tification. average of unemployment in Northern Ire- of conference recommends supporting efforts The conference substitute (Sec. 2003) is land (defined as the counties of Antrim, to reunite these disparate groups under a identical to the Senate bill. Armagh, Derry, Down, Tyrone, and Ferman- unified umbrella, whether it be the INC or TITLE XXI—AUTHORIZATION OF agh) is changed to ‘‘should’’. another opposition group, to present a solid, APPROPRIATIONS US POLICY WITH RESPECT TO JERUSALEM AS pro-democracy, Iraqi front against Saddam ASSESSED CONTRIBUTIONS TO THE UNITED THE CAPITAL OF ISRAEL Hussein. The Administration is expected to NATIONS AND AFFILIATED ORGANIZATIONS. The House bill (sec. 1709) contains four pro- work closely with the Committee on Foreign The House bill (Sec. 1102) provides for visions which together reaffirm and Relations and the Committee on Inter- $960,389,000 in fiscal year 1998 and $987,590,000 strengthen U.S. policy as reflected in the Je- national Relations in the development of the in fiscal year 1999 for assessed contributions rusalem Embassy Act of 1995 (P.L. 104–45) program, including the selection of grantees. to the United Nations and affiliated organi- that Jerusalem should remain the undivided DEVELOPMENT OF DEMOCRACY IN SERBIA zations. capital of Israel. The House bill (sec. 1713) expresses a sense The Senate bill (Sec. 2101) provides for The Senate amendment (sec. 1603) similar of Congress regarding the various methods $938,000,000 in fiscal year 1998 and $900,000,000 to the House bill. and actions that can be taken to support the in fiscal year 1999 for assessed contributions The conference substitute sec. 1812(a) au- development of democracy in the Republic of to the United Nations and affiliated organi- thorizes the appropriation of $25,000,000 for Serbia. The Senate amendment has no com- zations, subject to certifications and condi- fiscal year 1998 and $75,000,000 for fiscal year parable provision. tions enumerated below. 1999 for the construction of a U.S. Embassy The conference substitute (sec. 1814) is The conference substitute (Sec. 2101) pro- in Jerusalem. This subsection restates and similar to the House bill with modifications vides $901,000,000 for fiscal year 1998 and updates the Jersusalem Embassy Act of 1995 to consolidate the findings. $900,000,000 for fiscal year 1999. (P.L. 104–45). It reiterates Congressional in- tent concerning the establishment of the CUBA ASSISTANCE NO GROWTH BUDGET U.S. Embassy in Jerusalem, Israel, no later The House bill (sec. 1901) makes $2 million The House bill has no similar provision. than May 31, 1999. available for democracy programs in Cuba Of the funds authorized, the Senate bill Subsection (b) urges the President to cor- under chapter 4 part II of the Foreign Assist- (Sec. 2101) makes available in fiscal years rect the current anomalous situation in ance Act of 1961. 1998 and 1999, $80,000,000 on a semi-annual which the United States Ambassador to The Senate amendment has no comparable basis only when the Secretary of State cer- Israel, currently resident in Tel Aviv, does provision. tifies to the Congress that no action has not supervise all U.S. diplomatic and con- The conference substitute (sec. 1815) is the been taken by the United Nations to increase sular activities in the State of Israel, and same as the House bill. the United Nations 1998–99 budget of particularly, does not supervise the Consul FOREIGN ORGANIZATIONS THAT PERFORM OR $2,533,000,000 during that period without find- General and consualte personnel in Jerusa- PROMOTE ABORTION; FORCED ABORTION IN ing an offset elsewhere in the United Nations lem, Israel. CHINA budget during that period. The conference substitute (Sec. 2101) Subsection (c) requires new public docu- The House bill (sec. 2101) ments to describe Jerusalem as Israel’s cap- The Senate amendment had no comparable amends the certification for a no growth ital as a prerequisite for funding under the provision. budget to become an annual rather than a bill. This requirement follows State Depart- The conference substitute (sec. 1816) com- semi-annual certification ment practice in such publications as the bines House bill sections 2101 and 2102. Sec- INSPECTOR GENERAL ‘‘Background Notes’’ for Israel. tion 2101 concerns U.S. population assistance The House bill has no similar provision. Subsection (d) requires that for purposes of to foreign organizations that perform or pro- The Senate bill (Sec. 2101) withholds 20 per- registration of birth, certification of nation- mote abortions. Section 2102 concerns UN cent of the funds made available for the ality, or issuance of a passport, that the Sec- Population Fund (UNFPA) activities in the United Nations until the Secretary of State retary of State, upon the request of a U.S. People’s Republic of China in relation to certifies that the Office of Internal Oversight citizen born in Jerusalem, record the place of forced abortions carried out in connection Services (OIOS) continues to function as an birth as Israel. The section does not con- with the Chinese government’s population independent inspector general. This section stitute a requirement that U.S. citizens born program. requires the Director of the OIOS to report in Jerusalem have Israel recorded as their The conference substitute prohibits, inter directly to the Secretary General on the ade- place of birth. alia, population assistance to foreign organi- quacy of his resources and to notify in writ- A reporting requirement pertaining to sub- zations that ‘‘engage in any activity or ef- ing each program, project, or activity funded section (a) is required by P.L. 104–45. The fort to alter the laws or governmental poli- by the United Nations that it has the author- committee of conference recommends that cies of any foreign country concerning the ity to audit, inspect, or investigate it. that report also include information pertain- circumstances under which abortion is per- The conference substitute (Sec. 2101) ing to subsections (b), (c), and (d). Accord- mitted, regulated, or prohibited.’’ Such prac- makes several technical and conforming H1002 CONGRESSIONAL RECORD — HOUSE March 10, 1998 amendments to the inspector general re- other organizations in the Senate bill. The tion concerning Israel’s membership as well quirements of the Senate bill. This section Conferees clarified that no portion of the as other measures either underway or requires that all reports completed by the U.S. contribution to the United Nations reg- planned to promote Israel’s full and equal Office of Internal Oversight Service, includ- ular budget should be used to fund the oper- participation in the United Nations. ing audit, investigation, inspection, and ating costs of another organization, which The Senate bill (Sec. 2102) provides that it evaluation reports, are made available to the has been established through a framework shall be the policy of the United States to United Nations members states, regardless of treaty. Such organizations are those estab- assist Israel in gaining acceptance into a whether or not these reports are provided to lished under separate treaties of a frame- United Nations regional bloc. It states fur- the Secretary General. work nature, composed only of parties to the ther that it shall be the policy of the United States to seek the abolition of the U.N. Spe- PROHIBITION ON CERTAIN U.N. GLOBAL treaties, having their own secretariats. This cial Committee to Investigate Israeli Prac- CONFERENCES term does not include U.N. human rights treaty bodies. Should any such framework tices Affecting the Human Rights of the Pal- The House bill has no similar provision. treaty organization be funded out of the reg- estinian People and other Arabs of the Occu- The Senate bill (Sec. 2101) prohibits U.S. pied Territories; the U.N.’s Committee on funding of U.N. global conferences. ular budget, the provision will require that the U.S. withhold from its U.S. assessment the Exercise of the Inalienable Rights of the The conference substitute (Sec. 2101) is Palestinian People; the U.N.’s Division for nearly identical to the Senate bill, except to the U.N. budget the U.S. share of the amount budgeted for such organizations. the Palestinian Rights; and the U.N.’s Divi- that it exempts conferences that were ap- sion on Public Information on the Question LIMITATION ON U.S. ASSESSED CONTRIBUTIONS proved by the United Nations prior to enact- of Palestine. The Secretary of State is re- ment of the Act. The Conferees agree that The House bill has no similar provision. quired to consult with the appropriate con- the U.N. Global Conferences referred to in The Senate bill (Sec. 2101) caps the amount gressional committees on steps taken to this section are those organized on a one- authorized in assessed contributions to these ends, including efforts to bring Israel time basis with universal participation to international organizations at $901,000,000 for into the Western Europe and Others Groups address a single subject, such as the environ- fiscal years 1999 and 2000. Additional author- of the U.N. ment or population, outside of the normal ization is required to exceed this amount. The conference substitute (Sec. 2201) re- course of regularly scheduled deliberations The conference substitute (Sec. 2101) is quires that the it be the policy of the United by existing U.N. bodies. For example, this identical to the Senate bill. States to assist Israel in gaining acceptance section would have applied to the Rio Earth REFUND OF EXCESS CONTRIBUTIONS into a United Nations regional bloc. It states Summit, the Beijing Women’s Conference, or The House bill has no similar provision. further that it shall be the policy of the the Habitat Conference. Should the U.N. The Senate bill (Sec. 2101) requires that United States to seek the abolition of the schedule a conference of this kind, the U.S. the United States continue to press its pol- U.N. Special Committee to Investigate will not fund such a conference nor any ar- icy that the organizations in this account Israeli Practices Affecting the Human Rights rears related to such a conference. This sec- should have procedures in place to return ex- of the Palestinian People and other Arabs of tion does not include conferences directed to cess contributions to member states when the Occupied Territories; the U.N.’s Commit- the achievement of a binding international contributions exceed expenditures. tee on the Exercise of the Inalienable Rights agreement, or other legal instrument, on a The conference substitute (Sec. 2101) is of the Palestinian People; the U.N.’s Division particular matter (such as, the negotiation identical to the Senate bill. for the Palestinian Rights; and the U.N.’s Di- on the control and elimination of anti-per- vision on Public Information on the Question sonnel land mines in the U.N. Conference on ASSESSED CONTRIBUTIONS FOR INTERNATIONAL of Palestine. The section requires an annual anti-personnel land mines in the U.N. Con- PEACEKEEPING ACTIVITIES report on actions taken by the United States ference on Conventional Weapons and the The House bill (Sec. 1102) authorizes $240 to encourage the Western European and U.N. Conference on Disarmament). million for fiscal year 1998 and $240 million Other Group (WEOG) to accept Israel as a for fiscal year 1999 for assessed peacekeeping REDUCTION IN THE NUMBER OF POSTS member, and the efforts undertaken by the operations and activities. Secretary General of the United States to se- The House bill has no similar provision. The Senate bill (Sec. 2103) authorizes $200 cure Israel’s participation in that body. The The Senate bill (Sec. 2101) requires annual million for fiscal year 1998 and $205 million conference substitute also requires the Sec- withholding of $50,000,000 until the Secretary for fiscal year 1999 for assessed peacekeeping retary to consult with Congress when sub- of State certifies that in fiscal year 1998 that operations and activities. This section also mitting the annual report on the specific re- 1,000 authorized posts have been suppressed consolidates many current reporting require- sponses of each of the WEOG member states at the United Nations, and that in fiscal year ments regarding international peacekeeping regarding their position concerning Israel’s 1999 the United Nations is maintaining a va- activities. membership as well as other measures either cancy rate of at least five percent for profes- The Conference substitute (Sec. 2102) au- underway or planned to promote Israel’s full sional staff and 2.5 percent for general serv- thorizes $210 million for fiscal year 1998 and and equal participation in the United Na- ices staff. Both policies have been presented $220 million for fiscal year 1999 for assessed tions. by Secretary General Kofi Annan as part of peacekeeping operations and activities. DATA ON COSTS INCURRED IN SUPPORT OF the 1998–99 budget for the United Nations. UNITED NATIONS PEACE AND SECURITY OPER- The conference substitute (Sec. 2101) CODIFICATION OF REQUIRED NOTICE OF PRO- makes several technical and conforming POSED UNITED NATIONS PEACEKEEPING OPER- ATIONS amendments to the post reduction require- ATIONS The House bill has no similar division. The Senate bill (Sec. 2104) requires the ments of the Senate bill. The Conferees note The House bill has no similar provision. United States to report annually to the the Secretary General’s intention to abolish The Senate bill (Sec. 2103) consolidates United Nations on the total costs of United 1,000 posts, and understand that this reform many current reporting requirements re- Nations peacekeeping activities—including represents the deletion of 1,000 posts that garding international peacekeeping activi- assessed, voluntary and incremental costs— will not be filled. The Conferees intend that ties. to the United Nations. The section also re- the transfer of posts due to changes in UN The conference substitute (Sec. 2102) quires the United States to request that the budget methodology, or for any other pur- amends the timing of notification and makes United Nations prepare and publish a report pose, must not be counted toward the 1,000 amendments to the funding and troop levels that compiles similar information for other post suppression required by this section. that trigger notification. United Nations member states. For example, posts from the jointly-financed TITLE XXII—UNITED NATIONS The conference substitute (Sec. 2202) is activities which still exist, but are deleted ACTIVITIES nearly identical to the Senate bill. The Con- from the UN staffing table because of the use UNITED NATIONS POLICY ON ISRAEL AND THE ferees expect that this comprehensive re- of net budgeting, would not be included in PALESTINIANS porting will quantify all costs to the United the 1,000 post suppression. The House bill (Sec. 1522) requires reports States for peacekeeping activities, and en- PROHIBITION ON FUNDING ORGANIZATIONS on efforts to promote full equality at the UN able the Congress to consider those costs in OTHER THAN THE UNITED NATIONS FROM THE for Israel. Section 1522 expresses a sense of relation to the proposed operation or expan- UNITED NATIONS REGULAR BUDGET Congress to expand Israel’s participation at sion of an operation prior to action by the The House bill has no similar provision. the United Nations. The Secretary is re- United Nations Security Council. The Senate bill (Sec. 2101) requires the quired to submit a report not later than 90 REIMBURSEMENT FOR GOODS AND SERVICES Secretary of State to certify that no United days after the date of enactment (and on a PROVIDED BY THE UNITED STATES TO THE States contributions have been used to fund quarterly basis thereafter) that outlines ac- UNITED NATIONS other international organizations out of the tions taken by the United States to encour- The House bill contains no similar provi- United Nations regular budget. This certifi- age the Western European and Other Group sion. cation is not intended to refer to the U.N. (WEOG) to accept Israel as a member, and The Senate bill (section 2105) requires that giving grants or payments to other organiza- the efforts undertaken by the Secretary Gen- the United States seek and receive reim- tions. eral of the United States to secure Israel’s bursement for any assistance, including per- The conference substitute (Sec. 2101) participation in that body. The report must sonnel, services, supplies, equipment, and fa- makes several technical and conforming include the specific responses of each of the cilities, to the United Nations, United Na- amendments to the prohibition on funding of WEOG member states regarding their posi- tions assessed peacekeeping operations, and March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1003 bilateral assistance designed to assist that of any decisions to withhold the U.S. share bursement of funds by the United States. country to participate in the peacekeeping of an assessed contribution to the United Na- This section also requires a 30 day notifica- operation. tions. tion by the Secretary of State to Congress The Senate bill is prospective in its appli- The Senate bill has no similar provision. prior to the disbursement of any funds. cation and permits the President to waive The conference substitute is nearly iden- The conference substitute (Sec. 2302) is the provision if he determines that an impor- tical to the House bill. nearly identical, except that it contains a tant national interest exists. However, such CONTINUED EXTENSION OF PRIVILEGES, EXEMP- limited waiver of certain conditions. In re- a waiver is subject both to notification re- TIONS, AND IMMUNITIES OF THE INTER- sponse to a direct request from the Secretary quirements of section 634A of the Foreign NATIONAL ORGANIZATIONS IMMUNITIES ACT TO of State, we agreed to grant the Secretary a Assistance Act and a joint resolution of dis- UNIDO very limited waiver authority upon assur- approval by Congress if Congress disapproves ances that it would be exercised only if strict The House bill (Sec. 1524) extends U.S. conditions are met. We continue to believe of the President’s determination. privileges and immunities to the United Na- The Senate bill also exempts direct assist- that achievement of each of the reforms con- tions Industrial Development Organization ance for U.S. military personnel. The Admin- tained in this plan is essential if the United consistent with longstanding U.S. policy re- istration requested this provision, and un- Nations is to be able to contend with the garding U.S. withdrawal from multilateral derstands that it is designed only to allow challenges of the 21st Century. Thus, we ex- organizations. for incidental costs in support of U.S. troops pect that all of the conditions required by The Senate bill has no similar provision. such as extra blankets, latrines, or other the legislation will be met and that there The conference substitute is identical to will be no need to use the waiver authority. similar services that the U.N. does not ordi- the House bill. narily supply for troops carrying out a U.N. The bill grants the Secretary of State a peacekeeping operation. SENSE OF THE CONGRESS REGARDING COMPLI- very limited authority to waive one of the The conference substitute (Sec. 2203) ANCE WITH CHILD AND SPOUSAL SUPPORT OB- conditions in each of the second and third makes several changes but, like the Senate LIGATIONS BY UNITED NATIONS PERSONNEL years of the U.N. payment plan. This waiver provision, is intended to ensure that the U.S. The House bill (Sec. 1728) urges the Sec- may be exercised only if substantial progress Government is reimbursed by the U.N. in a retary of State to fully comply with regula- has already been made in meeting the condi- timely manner for military assistance it pro- tions regarding compliance with child and tion proposed to be waived. Further, prior to vides in support of the U.N. or U.N. peace- spousal support obligations by United Na- exercising such a waiver, the Secretary of keeping operations, whether this assistance tions personnel. The House bill also with- State must first consult with the appro- is provided to the U.N. or to another country holds $10 million until the Secretary cer- priate Congressional Committees to explain participating in such an operation. The con- tifies that the U.N. is enforcing child and in detail why it is important to the national ference substitute makes clear that this pro- spousal support payments, and reforming its interest of the United States to do so. vision is not intended to apply to civilian po- pension policy. Most important, this section prohibits the Secretary from waiving requirements to re- lice monitors, which are funded individually The Senate bill has no similar provision. duce U.S. assessment rates or to establish an by the nation contributing monitors. The conference substitute deletes the with- As drafted, the conferees believe that this holding requirement but continues to urge inspector general in the specialized agencies. section does not impede the President in his that the Secretary of State ensure that the The Secretary of State, while serving as the ability to use any constitutional authority U.N. is enforcing child and spousal support U.S. Permanent Representative to the to provide assistance at any time. The con- payments. United Nations, proposed a bold plan to re- duce the U.S. assessment to 20 percent. That ference substitute exempts the deployment ORGANIZATION OF AMERICAN STATES proposal was incorporated into this legisla- of United States troops by the President The House bill (Sec. 1502) expresses the tion and its is expected that the Administra- from the requirement of reprogramming pro- Sense of the Congress that the Secretary of tion will achieve this reduction within three cedures under section 634A of the Foreign State should make every effort to pay the years. For this reason, this section strictly Assistance Act of 1961. As written, this sec- United States share of assessed funding lev- prohibits the Secretary from waiving the re- tion does not affect the President’s constitu- els for the Organization of American States quirements on reducing the U.S. assessment tional authority as Commander-in-Chief. (OAS). rates for peacekeeping operations or for the Nothing in this section shall be construed as The Senate bill (Sec. 2108) is identical to U.N. regular budget. Also, the Conferees con- an authorization of the use of force. the House bill. tinue to believe that the specialized agencies UNITED STATES POLICY REGARDING UNITED The conference substitute deletes this pro- are in need of serious, independent scrutiny. NATIONS PEACEKEEPING MISSIONS vision. The Conferees recognize that the OAS Therefore, the requirement that there be es- The House bill has no similar section. is uniquely important to the United States tablished within the World Health Organiza- The Senate bill (section 2107) makes clear interests in the Western Hemisphere, espe- tion (WHO), the Food and Agriculture Orga- that the policy of the United States is to cially in the areas of trade, anti-drug traf- nization (FAO), and the International Labor limit the size and scope of United Nations ficking efforts, support for human rights and Organization (ILO) an inspector general to peacekeeping missions. It is not the policy of democracy, and that the OAS is dispropor- investigate cases of waste, fraud and abuse, the United States to support major U.N. tionately supported by the United States cannot be waived. peacekeeping operations such as the United contribution of 59 percent. Responding in While we rejected outright the Administra- Nations Protection Force (UNPROFOR) in part to the leadership of the United States, tion’s proposal to allow a waiver of the U.S. the former Yugoslavia. Smaller peacekeep- the OAS is continuing broad reforms in its assessment rates, we are persuaded that an ing missions should be considered on a case agenda and its budget. The Committee notes unforeseen circumstance may arise which by case basis (with full consultation with that the OAS operating budget has not prohibits total achievement of the legisla- Congress as required in section 2102 of this grown for the past three years. It was the in- tive requirements related to the assessment Act). tent of both the Senate and House provisions rates. For this reason, the Administration The conference substitute (Sec. 2204) is that the State Department consider these should be allowed some flexibility if it has nearly identical to section 2107 of the Senate factors when allocating resources to inter- substantially achieved the requirement to bill and also consolidates section 2106 of the national organizations. reduce the U.S. general budget assessment to Senate bill into this provision. Thus, this TITLE XXII—ARREARS PAYMENTS AND 20 percent. If Congress is convinced that the section also makes clear that the stated pol- REFORM Administration has substantially achieved icy of the United States is not to fund peace- Chapter 1—Arrearage to the United Nations the requirement to reduce the U.S. assess- keeping activities out of the regular budget ment to 20 percent, we commit to act expedi- unless the President determines and notifies AUTHORIZATION OF APPROPRIATIONS tiously to consider legislation to release the Congress that an important national secu- The House bill has no similar provision. funds in Fiscal Year 2000. rity interest exists. The Senate bill (Sec. 2201) section author- Throughout the three year reform period, The Conferees expect that a clear state- izes $100,000,000 in fiscal year 1998, $475 mil- the we expect that the Administration will ment of this policy will save United States lion in fiscal year 1999, and $244 million in consult with Congress regularly to discuss taxpayers millions of dollars as it limits the fiscal year 2000 for the repayment of arrears the status of each of these reforms and to ex- scope and mandate of United Nations peace- to the United Nations, United Nations peace- plain well in advance if a particular reform keeping missions. keeping activities, United Nations special- cannot be met fully. REFORM IN BUDGET DECISION-MAKING PROCE- ized agencies, and other international orga- Subchapter B—United States Sovereignty/ DURES OF THE UNITED NATIONS AND SPECIAL- nizations. Certification requirements IZED AGENCIES The conference substitute (Sec. 2301) is SUPREMACY OF THE CONSTITUTION nearly identical. The House bill (Sec. 1521) extends current The House bill has no similar provision. law allowing the President to withhold 20 DISBURSEMENT OF FUNDS The Senate bill (Sec. 2211) requires that percent of appropriated funds for the U.N. or The House bill has no similar provision. the Secretary of State certify that the any of its specialized agencies if the U.N. or The Senate bill (Sec. 2202) outlines the United States Constitution controls U.S. law the agency fails to implement consensus- manner in which disbursements will be and no action by the United Nations or any based budget decision making procedures. made, and requires that certification of spec- of its agencies has caused the U.S. to violate The President is directed to notify Congress ified reforms be completed prior to any dis- the Constitution. H1004 CONGRESSIONAL RECORD — HOUSE March 10, 1998 The conference substitute (Sec. 2311) is cation if she determines the 1998 certifi- of the total regular budget assessment for identical to the Senate bill. cations are no longer valid, and prior to pay- the United Nations and its specialized agen- NO UNITED NATIONS SOVEREIGNTY ment of authorized arrears in fiscal year cies does not exceed 20 percent for any mem- The House bill has no similar provision. 1999, certify that the certification require- ber. The Senate bill (Sec. 2211) requires that ments set out below have been met. The conference substitute (Sec. 2331) is the Secretary of State certify that neither The conference substitute (Sec. 2321) is identical to the Senate bill. the United Nations nor its specialized agen- nearly identical to the Senate bill. INSPECTOR GENERAL FOR CERTAIN cies have exercise authority over the United CONTESTED ARREARS ACCOUNT ORGANIZATIONS States or taken forward steps to require that The House bill has no similar provision. The House bill has no similar provision. the U.S. cede sovereignty. The Senate bill (Sec. 2211) requires that The Senate bill (Sec. 2231) requires that The conference substitute (Sec. 2311) is prior to disbursement of any funds author- the Secretary of State certify that the three identical to the Senate bill. ized in this title, a contested arrears or some largest specialized agencies, the Inter- NO UNITED NATIONS TAXATION other appropriate mechanism has been cre- national Labor Organization, the Food and The House bill has no similar provision. ated for the U.S. This account represents the Agriculture Organization, and the World The Senate bill (Sec. 2211) requires that difference between what the United Nations Health Organization have each established the Secretary of State certify that U.S. law says is owed by the United States and the an internal inspector general office com- does not give the United Nations any legal amount recognized by the United States parable to the Office of Internal Oversight authority to tax the American people; no Congress. Thus, the sum of the obligations Services established in the United Nations taxes or comparable fees have in fact been that the Congress is authorizing in this leg- following a similar certification requirement imposed; and there has been no effort sanc- islation is the total that the Congress shall in the Foreign Relations Authorization Act, tioned by the United Nations to develop, ad- authorize to be appropriated to the U.N. for FY94–95 (section 401 of P.L. 103–236). vocate or promote such a taxation proposal. its arrears under the regular and peacekeep- The conference substitute (Sec. 2331) is The conference substitute (Sec. 2311) is ing budgets. Agreement must be reached nearly identical to the Senate bill. identical to the Senate bill. with the United Nations that any monies NEW BUDGET PROCEDURES FOR THE UNITED identified in this account will not affect the NATIONS NO UNITED NATIONS STANDING ARMY voting rights of the United States as con- The House bill has no similar provision. The House bill has no similar provision. tained in Article 19 of the United Nations The Senate bill (Sec. 2211) requires that The Senate bill (Sec. 2231) requires that charter. the Secretary of State certify that the the Secretary of State certify that the The conference substitute (Sec. 2321) is United Nations is implementing budget pro- United Nations has not taken formal steps to nearly identical, but the timing of the cer- create or develop a standing army under Ar- cedures that require the budget agreed to at tification was moved to fiscal year 1999 cer- the start of a budgetary cycle to be main- ticle 43 of the United Nations Charter. tifications at the request of the Administra- The conference substitute (Sec. 2311) is tained, and the system wide identification of tion. identical to the Senate bill. expenditures by functional categories. For LIMITATION ON SHARE OF REGULAR BUDGET purposes of this section, system-wide identi- NO INTEREST FEES The House bill has no similar provision. fication of expenditures by functional cat- The House bill has no similar provision. The Senate bill (Sec. 2211) requires that egories is defined to mean an object class The Senate bill (Sec. 2211) requires that the share of the total regular budget assess- distribution of resources. The object class the Secretary of State certify that interest ment for the United Nations and its special- distribution should accompany the initial fees have not been levied on the U.S. for any ized agencies does not exceed 22 percent for regular assessed budget estimates for both arrears owed to the United Nations. any member. the United Nations and its specialized agen- The conference substitute (Sec. 2311) is The conference substitute (Sec. 2311) is cies. identical to the Senate bill. identical to the Senate bill. The conference substitute (Sec. 2331) is NO UNITED NATIONS REAL PROPERTY RIGHTS identical to the Senate bill. LIMITATION ON ASSESSED SHARE OF BUDGET The House bill has no similar provision. FOR PEACE OPERATIONS SUNSET POLICY FOR CERTAIN UNITED NATIONS The Senate bill (Sec. 2211) requires that PROGRAMS the Secretary of State certify that neither The House bill has no similar provision. The Senate bill (Sec. 2221) requires that The House bill has no similar provision. the United Nations nor its specialized agen- the Secretary of State certify that the share The Senate bill (Sec. 2231) requires that cies have exercised any authority or control of the total peacekeeping budget for each the Secretary of State certify that the over public or private property in the United United Nations assessed peace operation does United Nations and the International Labor States. Organization, the Food and Agriculture Or- The conference substitute (Sec. 2311) is not exceed 25 percent for any member. The conference substitute (Sec. 2321) is ganization, and the World Health Organiza- nearly identical to the Senate bill. This sec- identical to the Senate bill. tion have each established an evaluation sys- tion should not be construed to override obli- tem that requires a determination as to the TRANSFER OF REGULAR BUDGET-FUNDED PEACE gations of the parties to the International relevance and effectiveness of each program. OPERATIONS Organizations Immunities Act, the Agree- The United States is required to seek a ‘‘sun- ment Regarding the Headquarters of the The House bill has no similar provision. set’’ date for each program unless the pro- United Nations, supplemental agreements to The Senate bill (Sec. 2221) requires that gram demonstrates relevance and effective- the Agreement, the Convention on the Privi- the Secretary of State certify that the man- ness. leges and Immunities of the United Nations, dates of two peace operations funded from The conference substitute (Sec. 2331) is or under any other agreement with the the regular budget, the United Nations Truce nearly identical to the Senate bill. The Con- United States according the United Nations Supervision Organization (UNTSO) and the ferees strongly object to the incorporation of or its specialized agencies privileges and im- United Nations Military Observer Group in funding for terminated programs into the munities, or apply to property occupied or India and Pakistan (UNMOGIP) are subject baseline of the UN budget for the next bien- utilized under lease or contract with private to annual review by the Security Council, nium. Funding for programs which have or government owners. and the Congressional notification require- ceased and one-time expenditures should not TERMINATION OF BORROWING AUTHORITY ments for peacekeeping activities. be carried over into the next budget cycle. The conference substitute (Sec. 2321) is The House bill has no similar provision. The sunset of programs should result in fi- identical to the Senate bill. The Senate bill (Sec. 2211) requires that nancial savings for the member states. the Secretary of State certify that the Subchapter D—Budget and Personnel Reform UNITED NATIONS ADVISORY COMMITTEE ON United Nations has not engaged in external CERTIFICATION REQUIREMENTS ADMINISTRATIVE AND BUDGETARY QUESTIONS borrowing, nor have the financial regula- The House bill has no similar provision. The House bill has no similar provision. tions of the United Nations or any of its spe- The Senate bill (Sec. 2231) requires that The Senate bill (Sec. 2231) requires that cialized agencies been amended to permit the Secretary shall not make her fiscal year the Secretary of State certify that the borrowing, nor has the United States paid 2000 certification if she determines the fiscal United States have a seat on the United Na- any interest for any loans incurred through year 1998 and 1999 certifications are no tions Committee on Administrative and external borrowing by the United Nations or longer valid, and prior to payment of author- Budgetary Questions (ACABQ). Until 1997, its specialized agencies. ized arrears in fiscal year 2000, certify that the United States has served on this commit- The conference substitute (Sec. 2311) is the certification requirements set out below tee since the creation of the United Nations. identical to the Senate bill. have been met. This committee is key to the budgetary deci- Subchapter C—Reform of Assessments and The conference substitute (Sec. 2331) is sions at the United Nations and the United United Nations Peace Operations nearly identical to the Senate bill. States, as the largest contributing nations, CERTIFICATION REQUIREMENTS FOR FISCAL LIMITATION ON ASSESSED SHARE OF REGULAR should have a seat on this Committee. YEAR 1999 BUDGET The conference substitute (Sec. 2331) is The House bill has no similar provision. The House bill has no similar provision. nearly identical to the Senate bill. The Senate bill (Sec. 2221) requires that The Senate bill (Sec. 2231) requires that NATIONAL AUDITS the Secretary shall not make her 1999 certifi- the Secretary of State certify that the share The House bill has no similar provision. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1005 The Senate bill (Sec. 2231) requires that United Nations Industrial Organization and The Senate amendment (sec. 1613) ex- the Secretary of State certify that the Gen- the World Tourism Organization. presses a sense of the Senate that the Gov- eral Accounting Office (GAO) shall have ac- The conference substitute (Sec. 2342) is ernment of Peru should take all necessary cess to United Nations financial data so that identical to the Senate bill. steps to ensure that US citizens charged the GAO may perform nationally mandated OTHER PROVISIONS with a crime is accord fair proceedings in a reviews of all United Nations operations. STATEMENT CONCERNING RETURN OF WRONG- civilian court. The conference substitute does not include The conference substitute (Sec. 2331) is FULLY CONFISCATED FOREIGN PROPERTIES nearly identical to the Senate bill. Financial any provision. The House bill (sec. 1715) expresses a sense data means data pertaining to the financial of Congress supporting efforts and encourag- PRISONERS IN ANDEAN COUNTRIES transactions of the United Nations as well as ing further actions by post-communist coun- The House bill (sec. 1730) expresses the data relating to its organization and activi- tries to address the questions of the status of Sense of Congress that the Governments of ties. It is contemplated that as a result of wrongly confiscated properties. the Andean countries should respect the this provision, GAO will have access to the The Senate amendment has no comparable rights of prisoners to timely legal proce- data it determines it needs to conduct re- provision. dures. views of all U.N. operations. The conference substitute (sec. 1909) is The Senate amendment has no comparable PERSONNEL identical to the Senate. provision. The House bill has no similar provision. The conference substitute is the same as PAYMENT OF IRAQI CLAIMS the Senate amendment. The Senate bill (Sec. 2231) requires that The Senate amendment (sec. 1601), at sub- SPECIAL ENVOYS FOR MUTUAL DISARMAMENT the Secretary of State certify that the section (a), requires that all nondiplomatic United Nations is enforcing a personnel sys- accounts of the Government of Iraq in the The House bill (sec. 1718) requires the US tem based on merit and is enforcing a world- United States that have been blocked pursu- Ambassador to the United Nations to sup- wide availability of its international civil ant to the International Emergency Eco- port UN efforts to appoint special envoys for servants; a code of conduct is being imple- nomic Powers Act (50 U.S.C. 1701 et seq.) vest conflict prevention to organize and conduct mented that requires, among other stand- in the President. It further requires that the mutual disarmament talks in every region of ards, financial disclosure statements by sen- President liquidate such accounts within 30 the world. The Senate amendment has no comparable ior United Nations officials; a personnel days of the date of enactment of the Act, and provision. evaluation system is being implemented; transfer the amounts from such liquidation periodic assessments are being completed by The conference substitute is the same as into the Iraq Claims Fund, established under the Senate amendment. the United Nations to determine total staff- subsection (b). ing levels and reporting of those assess- The House bill contains no comparable pro- TRANSFER OF NUCLEAR WASTE FROM TAIWAN TO ments; and the United States has completed vision. NORTH KOREA a review of the United Nations allowance The conference substitute is the same as The House bill (sec. 1719) expresses a sense system, including recommendations for re- the House bill. of Congress that the Government of Taiwan ductions in allowances. PROHIBITION ON FUNDING FOR UNESCO WORLD should refrain from issuing an export license The conference substitute (Sec. 2331) is HERITAGE PROGRAMS for the transfer of nuclear waste to North nearly identical to the Senate bill. Korea until all parties on the Korean penin- The House bill (sec. 1525) prohibits funds sula are assured that certain safety pre- REDUCTION IN BUDGET AUTHORITIES authorized by this Act to be made available The House bill has no similar provision. cautions are met. for the Man and Biosphere Program or the The Senate amendment has no comparable The Senate bill (Sec. 2231) requires that World Heritage Program administered by the Secretary of State certify that the Inter- provision. UNESCO. The conference substitute is the same as national Labor Organization, the Food and The Senate amendment has no comparable the Senate amendment. Agriculture Organization, and the World provision. Health Organization have each approved a The conference substitute is the same as ASSISTANCE FOR ETHIOPIA budget that reflects a decline in the budget the Senate amendment. The House bill (sec. 1717) states that the Department of State should monitor human approved for 2000–01 from the levels agreed to COMPREHENSIVE COMPILATION OF ARMS rights progress in Ethiopia. for 1998–99. CONTROL AND DISARMAMENT STUDIES The conference substitute (Sec. 2331) is The Senate amendment has no comparable nearly identical to the Senate bill. The House bill (sec. 1601) repeals a report- provision. ing requirement to compile arms control and The conference substitute is the same as NEW BUDGET PROCEDURES AND FINANCIAL disarmament studies because a similar re- the Senate amendment. REGULATIONS FOR SPECIALIZED AGENCIES port is produced by another organization. PRIME MINISTER GUJRAL The House bill has no similar provision. The Senate amendment has no comparable The House bill (sec. 1720) expresses a sense The Senate bill (Sec. 2231) requires that provision. of Congress that the Administration should the Secretary of State certify that the Inter- The conference substitute is the same as support and work closely with Indian Prime national Labor Organization, the Food and the Senate amendment. Minister Gujral to strengthen relations be- Agriculture Organization, and the World USE OF FUNDS Health Organization have each established tween the US and India. The House bill (sec. 1602) amends current The Senate amendment has no comparable procedures require the budget agreed to at law by eliminating a requirement to use the provision. the start of a budgetary cycle to be main- Government Printing Office and allowing the The conference substitute is the same as tained; the system wide identification of ex- Arms Control and Disarmament Agency to the Senate amendment. penditures by functional categories; and ap- procure printing and binding from local ven- proval of supplemental budget requests to SOVEREIGNTY OF BELARUS dors. The House bill (sec. 1721) expresses a sense the secretariat in advance of appropriations The Senate amendment has no comparable for those requests. of Congress that the Administration urge the provision. Government of President Aleksandr The conference substitute (Sec. 2331) is The conference substitute is the same as nearly identical to the Senate bill. Lukashenka of the Republic of Belarus to de- the Senate amendment. fend the sovereignty of Belarus. Chapter 2—Miscellaneous provisions RADIO FREE EUROPE/RADIO LIBERTY The Senate amendment has no comparable STATUTORY CONSTRUCTION IN RELATION TO The House bill (sec. 1707) is a sense of Con- provision. EXISTING LAWS gress that RFE/RL should continue surro- The conference substitute is the same as The House bill has no similar provision. gate broadcasting beyond the year 2000 to the Senate amendment. The Senate bill (Sec. 2241) makes clear countries whose people do not yet fully enjoy BORDER CLOSURES that this Act does not change or reverse any freedom of expression. The House bill (sec. 1724) requires a report previous provision of law regarding restric- The Senate amendment has no comparable on any border closure or use of an economic tion on funding to international organiza- provision. or commercial blockade by or against any tions. The conference substitute (sec. 1328) re- independent state of the former Soviet Union The conference substitute (Sec. 2341) is vised the House provision to require that the against any other country. identical to the Senate bill. Broadcasting Board of Governors issue a re- The Senate amendment has no comparable PROHIBITION ON PAYMENTS RELATING TO UNIDO port to include an assessment of the need for provision. AND OTHER ORGANIZATIONS FROM WHICH THE continued funding of RFE/RL broadcasts in The conference substitute is the same as to UNITED STATES HAS WITHDRAWN OR RE- the year 2000 and beyond. the Senate amendment. SCINDED FUNDING U.S. CITIZENS HELD IN PRISONS IN PERU NAGORNO-KARABAGH CONFLICT The House bill has no similar provision. The House bill (sec. 1716) expresses a sense The House bill (sec. 1725) expresses a sense The Senate bill (Sec. 2242) prohibits pay- of Congress that Peru should respect the of Congress that the US should take a great- ment to organizations from which the United rights of prisoners to timely legal proce- er leadership role in working for a nego- States has withdrawn or from which Con- dures, including the rights of all US citizens tiated settlement of the Nagorno-Karabagh gress has rescinded funding, including the held in prisons in Peru. conflict. H1006 CONGRESSIONAL RECORD — HOUSE March 10, 1998 The Senate amendment has no comparable ment of Cuba has met certain human rights The Senate amendment has no comparable provision. criteria. provision. The conference substitute is the same as The Senate amendment has no comparable The conference substitute is the same as the Senate amendment. provision. the Senate amendment. The conference substitute is identical to CRISIS IN ALBANIA INDONESIA the Senate amendment. The House bill (sec. 1726) expresses a sense The House bill (sec. 2801) expresses the of Congress that among other things, the US LITHUANIA AND LATVIA sense of Congress on various political and should support the new Albanian govern- The House bill (sec. 1738) expresses the human rights issues within Indonesia. ment as it attempts to reestablish calm and sense of Congress that adequate assistance The Senate amendment has no comparable achieve political reconciliation . should be provided to Lithuania and Latvia provision. The Senate amendment has no comparable in fiscal year 1998. The conference substitute is the same as provision. The Senate amendment has no comparable the Senate amendment. The conference substitute is the same as provision. The conference substitute is the same as LIBYA the Senate amendment. the Senate amendment. The House bill (sec. 2901) prohibits foreign UKRAINE EAST TIMOR aid to any country that assists Libya in cir- The House bill (sec. 1727) expresses a sense The House bill (sec. 1739) states that Con- cumventing UN sanctions. of Congress that the President should ensure gress affirms its support for a just and peace- The Senate amendment has no comparable that Ukraine receives assistance for fiscal ful solution to the conflict in East Timor. provision. years 1998 and 1999 for political and economic The Senate amendment has no comparable The conference substitute is the same as reforms at a level equal to that allocated to provision. the Senate amendment. Ukraine for fiscal year 1997. The conference substitute is the same as RUSSIA The Senate amendment has no comparable the Senate amendment. The House bill (sec. 3101) prohibits foreign provision. NATO ENLARGEMENT ASSISTANCE aid to Russia if Russia transfers missiles to The conference substitute is the same as China. the Senate amendment. The House bill (sec. 1740) expresses the sense of Congress that Romania has made The Senate amendment has no comparable AZERBAIJAN progress toward meeting the criteria for ac- provision. The House bill (sec. 1729) expresses a sense cession into NATO and states that the Presi- The conference substitute is the same as of Congress that the President should seek dent shall designate Romania as eligible to the Senate amendment. cooperation from the governments of Arme- receive assistance under the program estab- BELARUS nia, Azerbaijan and Turkey to encourage the lished under the NATO Participation Act. The Senate amendment (sec. 1602) ex- construction of a pipeline route from Azer- The Senate amendment (sec. 1612) ex- presses the sense of the Congress that if baijan through Armenia that could reach presses a sense of the Senate that Romania, Belarus concludes a treaty of unification Turkey and Mediterranean sea ports. Estonia, Latvia, Lithuania, and Bulgaria are with another country the US Permanent The Senate amendment has no comparable to be commended for their progress toward Representative to the UN should introduce amendment. political and economic reform. In addition it resolutions abrogating the sovereign status The conference substitute is the same as states that Romania, Estonia, Latvia, Lith- of Belarus within the UN. the Senate amendment. uania and Bulgaria are designated as eligible The House bill has no comparable provi- ADDITIONAL REQUIREMENTS to receive assistance under the program es- sion. The House bill (sec. 1731) permitted tablished under the NATO participation Act. The conference substitute is the same as The conference substitute is the same as counter narcotic military assistance to the House bill. the Senate amendment. countries that had been decertified on their ITALIAN CASE PALESTINIAN LAND SALES cooperation on drug-related matters. The Senate amendment (sec. 1611) states The House bill (sec. 2201) expresses the The Senate amendment has no comparable that the Congress urges the Italian govern- sense of Congress condemning the policy and provision ment to seek a negotiated settlement with The conference substitute is the same as practice of murdering Palestinian sales of an American citizen whose property was con- the Senate amendment. land to Jews. The Senate amendment (sec. 1622) is simi- fiscated over twenty years ago without fair US POLICY REGARDING RELIGIOUS PERSECUTION lar to the House provision. and proper compensation. AND SUPPORT OF TERRORISM BY SUDAN The conference substitute does not include The House bill has no comparable provi- The House bill (sec. 1733) imposed trade any provision. sion. and investment sanctions on the government The conference substitute is the same as CONGO of Sudan until such time as the President the House bill. The House bill (sec. 2301) makes foreign as- certifies to Congress that Sudan is no longer IRAN-IRAQ sistance available to the Democratic Repub- sponsoring or supporting terrorism. The Senate amendment (sec. 1615) ex- The Senate amendment (sec. 1605) imposed lic of Congo. The Senate amendment has no comparable presses the sense of the Senate to urge the prohibitions on financial transactions on amendment. Clinton Administration to enforce the provi- state sponsors of terrorism. The conference substitute is the same as sions of the Iran-Iraq Arms Non-Prolifera- The conference substitute contains no pro- the Senate amendment. tion Act of 1992. vision. CHINA The House bill has no comparable amend- SYRIA The House bill (sec. 2401) expresses a sense ment. The House bill (sec. 1734) expresses the of Congress regarding the imprisonment of The conference substitute is the same as sense of Congress that the US should con- Ngawang Choephel in China. the House bill. sider applying to Syria sanctions which are The Senate amendment has no comparable CHRISTIAN MINORITIES IN CHINA currently enforced against Iran and Libya provision. The Senate amendment (sec. 1616) ex- under the Iran and Libya Sanctions Act of The conference substitute is the same as presses the sense of the Senate that the gov- 1996 if the Government of Syria does not the Senate amendment. ernment of the People’s Republic of China be eliminate its destablizing policies. BUY AMERICAN urged to release from incarceration all those The Senate has no comparable amendment. held for participation in religious activities The conference substitute is the same as The House bill (sec. 2501) requires compli- outside the aegis of the official churches and the Senate amendment. ance with the Buy American Act. The Senate amendment has no comparable cease prosecuting those who participate in ABDUCTION OF DONALD HUTCHINGS provision. such religious activities. The House bill (sec. 1735) expresses the The conference substitute is identical to The House bill has no comparable provi- sense of Congress that the militant organiza- the Senate amendment. sion. tion Al-Faran should release Donald FOREIGN AID REPORTING REFORM The conference substitute is the same as Hutchings and three Western Europeans The House bill (sec. 2601–2604) requires de- the House bill. from captivity. tailed annual reports justifying the foreign NATO The Senate amendment has no comparable assistance programs. The Senate amendment (sec. 1617) ex- provision. The Senate amendment has no comparable presses a sense of Congress that NATO The conference substitute is the same as provision. should consider a formal dispute resolution the Senate amendment. The conference substitute is the same as process within the Alliance prior to its De- CUBAN CIGARS the Senate amendment. cember 1997 ministerial meeting. The House bill (sec. 1736) expresses a sense PROGRAMS IN LATIN AMERICA, THE CARIBBEAN The House bill has no comparable amend- of Congress that the US should not prohibit AND THE ASIA AND PACIFIC REGION ment. the importation into the U.S. of cigars that The House bill (sec. 2701) requires aid to be The conference substitute is the same as are the product of Cuba until the Govern- proportional by region. House bill. March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1007

AVIATION SAFETY RESTRICTIONS ON LOBBYING ACTIVITIES parking fines, plus ten percent. Section 1212 The Senate amendment (sec. 1619) ex- The Senate amendment (sec. 1132) amends expands this requirement to New York City, presses a sense of Congress that the need for Section 207 of title 18, United States Code, and Virginia, and Maryland. cooperative efforts in transportation and regarding ‘‘Restrictions on former officers, The House bill has no comparable provi- aviation safety be placed on the agenda for employees, and elected officials of the execu- sion. the Summit of the Americas to be held in tive and legislative branches’’, to also pro- The conference substitute is the same as March 1998. hibit any person who serves in the position the House bill. The House bill has no comparable amend- of chief of mission within the category of GREENHOUSE GAS EMISSIONS AGREEMENT ment. senior executive branch personnel who are The Senate amendment (sec. 1609) section The conference substitute is the same as restricted, for one year after they leave the requires that the President prepare a de- the House bill. chief of mission position, from knowingly tailed and comprehensive report on the eco- CHINA making representations on behalf of some- nomic and environmental impacts of the The Senate amendment (sec. 1620) ex- one with an interest in a matter that is be- final negotiating text of any proposed inter- presses the sense of the Senate that the US fore any officer or employee of the depart- national agreement under the U.N. Frame- should limit the granting of US visas to Chi- ment or agency in which they served. work Convention on Climate Change (FCCC) nese government offices who work in entities The House bill has no comparable provi- to reduce greenhouse gas emissions. implementing China’s laws and directives on sion. The House bill has no comparable provi- religious practices and coercive family plan- The conference substitute is the same as sion. The conference substitute is the same as ning. the House bill. the House bill. The House bill has no comparable provi- RECOVERY OF COSTS OF HEALTH CARE SERVICES sion. The Senate amendment (sec. 1133) has been SENSE OF THE SENATE ON USE OF FUNDS IN The conference substitute is the same as requested by the Administration. This sec- JAPAN-US FRIENDSHIP TRUST FUND. the House bill. tion, which implements recommendations of The Senate amendment (sec. 1215) ex- RULE OF LAW IN CHINA the Department of State’s Office of the In- presses the sense of the Senate that the Japan-US Friendship Commission shall be The Senate amendment (sec. 1621) ex- spector General, amends section 904 of the able to use amounts in the Trust Fund in presses the sense of the Senate to encourage Foreign Service Act of 1980 to authorize the pursuit of the original mandate of the Com- the National Endowment for Democracy to Department to recover and retain the costs mission. expand its activities in China and Hong incurred by the Department for health care services provided to eligible USG employees The House bill has no comparable provi- Kong. sion. The House bill has no comparable provi- and their families and to other eligible indi- viduals. The proposed legislation would per- The conference substitute is the same as sion. the House bill. The conference substitute is the same as mit the Department to recover and retain the House bill. such costs from third-party payers, and to INTERNATIONAL INFORMATION PROGRAMS recover directly from the employee if the The Senate amendment (sec. 1318) would FACILITIES IN BEIJING AND SHANGHAI employee chooses to be uninsured. The De- change the name of the salaries and expense The Senate amendment (sec. 1623) author- partments of Defense and Veterans Affairs, account for the US Information Agency to izes appropriations for the renovation and as well as the Indian Health Service, already International Information Programs. construction of housing and diplomatic fa- have similar authority. The House bill has no comparable provi- cilities at the Embassy in Beijing and the The House bill has no comparable provi- sion. Consulate in Shanghai, China. sion. The conference substitute is the same as The House bill has no comparable provi- The conference substitute is the same as the House bill. sion. the House bill. AUTHORIZED STRENGTH OF THE FOREIGN The conference substitute (sec. 1101(4)(B)) SERVICE is the same as the House bill. INTERNATIONAL ARMS SALES CODE OF CONDUCT The House bill (sec. 1321) establishes per- RETURN OF HONG KONG TO CHINA The House bill (sec. 2001) expresses the sense of the Congress that the President sonnel end strengths for the Foreign Service. The House bill (sec. 1712) expresses the should attempt to achieve the foreign policy The Senate amendment has no comparable sense of Congress that the People’s Republic goal of an international arms sales code of provision. of China should respect the rule of law, and conduct with all Wassenaar Arrangement The conference substitute is identical to the freedom of press, speech, association and countries. the Senate amendment. movement that the people of Hong Kong cur- The Senate amendment has no comparable STATEMENT CONCERNING RETURN OF OR COM- rently enjoy. amendment. PENSATION FOR WRONGLY CONFISCATED FOR- The Senate amendment has no comparable The conference substitute is the same as EIGN PROPERTIES provision. the Senate amendment. The House bill (sec. 1715) expresses a sense The conference substitute is the same as of Congress supporting efforts and encourag- the Senate amendment. ARMS TRANSFERS CODE OF CONDUCT ing further actions by post-Communists RADIO FREE ASIA/VOICE OF AMERICA The House bill (sec. 3001–3006) establishes policy guidelines regarding the provision of countries to address question of the status of The House bill (sec. 1108) expresses a sense U.S. military assistance and arms transfers wrongfully confiscated properties. of Congress that U.S. broadcasting through The Senate amendment has no comparable to foreign governments by prohibiting such Radio Free Asia and the Voice of America provision. assistance and transfers to countries that should increase to 24 hours broadcasting to The conference substitute is the same as fail to promote democracy and respect China. the Senate amendment. human rights, are engaged in armed aggres- The Senate amendment has no comparable sion, and do not fully participate in the U.N. EXTENSION OF AU PAIR PROGRAMS provision. register of conventional arms. The House bill (sec. 1401) permanently ex- The conference substitute is the same as The Senate amendment has no comparable tends the Au Pair program as authorized in the Senate amendment. provision. P.L. 104–72. PROCUREMENT OF SERVICES The conference substitute is the same as The Senate amendment (sec. 1314) is vir- The Senate amendment (sec. 1123) amends the Senate amendment. tually identical to the House bill. the State Department Basic Authorities Act The conference substitute does not include INADMISSIBILITY OF MEMBERS OF FORMER the provision. The extension was passed as a to enable the Department to use personal SOVIET UNION INTELLIGENCE SERVICES services contracts to obtain expert and other separate bill (PL 105–48). The Senate amendment (sec. 1154) denies support services for international claims and PEACE CORPS United States visas to individuals who were proceedings. Currently, the law allows the employed by the intelligence services of the The Senate amendment (sec. 1401–1403) au- Legal Adviser’s Office to obtain these serv- Union of Soviet Socialist Republics prior to thorizes appropriations for the Peace Corps. ices by contracting with firms. In many the collapse of the Soviet Union at the end of In addition, section 1403 makes certain modi- cases, the same services could be obtained at 1991. fications to current law regarding personal half the cost by contracting with an individ- The House bill has no comparable provi- services contractors, overseas travel, and ual. This amendment would permit the De- sion. other technical changes. partment, for example, to hire an individual The conference substitute is the same as The House has no comparable provision. accountant or records manager to work on a The conference substitute is identical to the House bill. particular project, rather than having to re- the House bill. tain an accounting firm to perform the same WITHHOLDING OF ASSISTANCE FOR PARKING GPS Standards Negotiations. The Committee task, usually at more than twice the cost. FINES of Conference finds that the U.S. Department The House bill has no comparable provi- The Senate amendment (sec. 1212) expands of Defense-developed and operated Global sion. upon current law which requires withholding Positioning System provides crucial infor- The conference substitute is the same as the proportional amount of foreign aid to mation for global navigation, position loca- the House bill. what a country owes Washington, D.C. in tion and precision timing. With its various H1008 CONGRESSIONAL RECORD — HOUSE March 10, 1998 military, scientific and commercial uses, for religious freedom. We look at the around to suing that particular com- GPS is making important contributions to stories of the Pilgrims and Puritans, munity yet. And, indeed, I see in this the national security, foreign policy, eco- and we recognize that they were moti- Chamber of the House of Representa- nomic growth, and trade goals of the United vated by a desire to be in a land where tives right above the Speaker’s chair, States. The Committee of Conference further finds they could be free to worship as they it reads, ‘‘In God we trust.’’ And if the that, by seeking to establish GPS as an pleased to worship. And that has been Speaker looks directly across the international standard, the United States so much of the bedrock of American Chamber from his chair on the back can advance national security interests, values, but it has been under attack by wall here, he sees the visage of Moses, strengthen cooperative security relations the United States Supreme Court. the great lawgiver. And yet, if we had with our allies, and support the competitive In 1962, the Supreme Court said it did those displayed in public schools, they leadership of American industry in providing not matter if it was voluntary; stu- would likely be held by the U.S. Su- GPS products and services to the global mar- dents could not come together and ketplace. The broad use of GPS spurs global preme Court to be unconstitutional. economic growth as it contributes to im- pray at school the way that they had These decisions started in 1962. There proving infrastructures of both developing since the founding of the republic. In is a whole series of them. I have not and industrial countries. 1998, the U.S. Supreme Court said the even mentioned all of them. But, Mr. The Committee of Conference is pleased Ten Commandments could not be on Speaker, the time has come to end the that the U.S. Department of State is under- the wall of the public school because, judicial misinterpretations of the U.S. taking an important leadership role in co- and this is what the U.S. Supreme Constitution. ordinating efforts within the executive Court said, the students might read branch in pursuit of regional agreements and obey the Ten Commandments. So, with U.S. allies, starting with Japan, that b 2145 seek to achieve three critical goals: (1) en- thanks to the court, of course, our stu- sure the operation of the GPS on a continu- dents do not read the Ten Command- The first amendment says, ‘‘Congress ous worldwide basis free of direct user fees; ments and certainly there is a problem shall make no law respecting an estab- (2) establish GPS and its augmentations as in getting people to obey them. lishment of religion or prohibiting the an acceptable international standard; (3) In 1985, the U.S. Supreme Court said free exercise thereof.’’ But the Su- eliminate any foreign barriers to, and other even a moment of silence was wrong. A preme Court has misconstrued that to restrictions of foreign governments on, law to permit a moment of silence, say, ‘‘Oh, well, if you have a prayer at peaceful applications of GPS. they declared, was unconstitutional be- The Committee of Conference therefore di- public school, that is the same thing as rects that, not later than 60 days after the cause it said that this was okay for establishing an official church.’’ Of enactment of this legislation, and annually students to use that time to pray si- course it is not. thereafter, the Secretary of State shall sub- lently. Common sense tells us it is not, but mit a report to the Committee on Foreign In 1992, the Supreme Court said that it is used by people who are intolerant Relations of the Senate and the Committee a rabbi broke the law by offering pray- of religion. That is why over 150 Mem- on International Relations of the House of er at a public school graduation. And bers of this body, of the House of Rep- Representatives that provides the status, in 1995, the same Supreme Court, which resentatives, have so far joined to- prospects and results of cooperative activi- has ruled that a Nazi swastika is pro- ties undertaken by the United States with gether with me in sponsoring the reli- the governments of other countries to tected on public policy, ruled that a gious freedom amendment. It is a pro- achieve regional agreements that establish cross could not be included in a group posed amendment to the U.S. Constitu- GPS and its augmentations as an acceptable of symbols on a city seal to show the tion to tell the Supreme Court it is international standard. heritage of that community. time that we straighten out these For consideration of the House bill and the In fact, I know that case very well, things. Senate amendment, and modifications com- Mr. Speaker, because it happened in mitted to conference: my congressional district in Edmond, It has been approved by the House’s BENJAMIN A. GILMAN, Oklahoma. The city seal had five em- Subcommittee on the Constitution. HENRY HYDE, blems on it: A pair of hands clasped in Just last week it was approved by the CHRISTOPHER H. SMITH, friendship; an oil derrick, symbolizing House Judiciary Committee. We will be For consideration of the House bill (except voting in the House of Representatives title XXI) and the Senate amendment, and the importance of oil to Oklahoma’s economy; a covered wagon, indicating on the religious freedom amendment in modifications committed to conference: not too many weeks from now, a pro- WILLIAM GOODLING, the heritage of the Oklahoma land run; posed amendment to the U.S. Constitu- DAN BURTON, a tower that is at the university, the tion to correct the mistaken rulings of DOUG BEREUTER, University of Central Oklahoma, in Ed- Managers on the part of the House. mond; and a cross depicting a portion the Supreme Court against voluntary JESSE HELMS, of the religious heritage of the commu- school prayer, and in so many other PAUL COVERDELL, nity. And I will bring it on another ways where they have misconstrued CHUCK HAGEL, case, Mr. Speaker, that city seal has a the first amendment. ROD GRAMS, Now, the text, Mr. Speaker, of the re- Managers on the part of the Senate. blank spot because the other courts ligious freedom amendment is pretty f ruled and the Supreme Court said, oh, yes, you cannot have a cross displayed straightforward. I would like to share RELIGIOUS FREEDOM on public property. it with Members. It reads, ‘‘To secure The SPEAKER pro tempore. Under Now, that is the same Supreme Court the people’s right to acknowledge God the Speaker’s announced policy of Jan- that had said that you could not have according to the dictates of conscience, uary 7, 1997, the gentleman from Okla- a nativity scene in Pennsylvania in Al- neither the United States nor any homa (Mr. ISTOOK) is recognized for 60 legheny County. They said a nativity State shall establish any official reli- minutes as the designee of the major- scene, or for that matter a menorah, gion, but the people’s right to pray and ity leader. were unconstitutional because they to recognize their religious beliefs, her- Mr. ISTOOK. Mr. Speaker, I wanted were not sufficiently balanced by em- itage or traditions on public property, to take the time this evening to talk blems like Santa Claus and Frosty the including schools, shall not be in- about one of the most significant prob- Snowman and the reindeer. Because of fringed. The government shall not re- lems that has plagued America because that, they said it was unconstitutional quire any person to join in prayer or of a multitude of Supreme Court deci- to have the Christmas displays that so other religious activity, prescribe sions, which the American people have many places have had. school prayers, discriminate against never accepted. You see, there is a I know there are many places in this religion or deny equal access to a bene- problem with lack of respect for our country where people still do things fit on account of religion.’’ Constitution and for the history and like have a prayer at a high school It is pretty simple. It is pretty the heritage which brought our Con- football game or as part of the school straightforward. It expresses that we stitution to us. assembly or maybe in a classroom. But have a right to acknowledge God in In fact, what brought so many people often, Mr. Speaker, that is because the America according to the dictates of to America originally was their desire ACLU and their friends have not got our own conscience, and neither the March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1009 United States nor any State is to es- erant of other people’s beliefs, you can eral college loans, GI bill benefits, we tablish any official religion. Govern- force them to stop, because there are do not tell somebody, look, if you go to ment is not going to tell us how to be- millions of people in this country, Mr. the University of Oklahoma or the Uni- lieve or what faith we must profess or Speaker, millions of Americans, who versity of Virginia or the University of indeed if we must profess any faith, but think they should be starting a day at Michigan, you can have the Federal as- the people have a right to pray, even school with a prayer, a simple expres- sistance in education. Oh, but if you when they are on public property, and sion of hope and faith and desire for are going to go to Notre Dame or some that is an individual right and a collec- guidance at the start of the day. But other Catholic institution, or if you go tive right. We can do it as individuals. we do not want to force anybody. to Baylor, which is where I went to col- We can do it as a group. Government And so it is explicit. Government lege, since it is a Baptist institution, can accommodate that and make it shall not require any person to join in you cannot do that. Or Brigham Young possible for it to occur. And also if it is prayer or any other religious activity. or Southern Methodist, we do not say a recognition of religious belief, herit- And the government does not prescribe that we are going to disqualify you be- age or tradition, that is okay. school prayers; it does not say, you cause you are going to a school that I have kids in public school or that must pray, and if you choose to pray, it has a religious affiliation. No, we un- have graduated from public school, and does not say what your prayer shall be. derstand that the purpose is education. I cannot tell you how I, as so many Instead, follow the basic rule. Rotate, So the religious freedom amendment other parents have done, have gone to take turns, give different students also seeks to cut down on the attacks school at different times, you think their opportunities. Let them enjoy the that people are making, trying to stop you are going to a Christmas program, understanding that comes from pray- normal, everyday assistance programs but you find that the songs that are ing together and hearing and sharing just because they want to discriminate sung are Frosty the Snowman, Here in the prayers of others. against people’s religion. It is long And we have a protection in the reli- Comes Santa Claus, Walking in a Win- overdue, Mr. Speaker, that we correct gious freedom amendment. You are not ter Wonderland, but what happened to the decisions that the U.S. Supreme going to discriminate against religion O Come All Ye Faithful? What hap- and you are not going to deny equal ac- Court has heaped upon us. I think it is important that we look pened to Silent Night? People are cess to a benefit on account of religion. afraid to sing them because they think I recall in Oklahoma City, Mr. at a particular term that is often used they may get sued by the ACLU. And Speaker, after the bombing and when by people in this discussion. I hear peo- indeed the policies have gotten so re- there was Federal assistance to rebuild ple say, well, what does this mean strictive, whether it is Christmas or a the area of downtown Oklahoma City about separation of church and State? song about Hanukkah or a hymn of damaged by the blast of the Murrah I understand the questions. But I also Thanksgiving, whatever it may be. It Building, there were hundreds of other worry when people pay more attention happens not just at school assemblies, structures that also suffered damage in to a catch phrase than to what are the it happens at school graduations. that. Several of them within a block or words of the U.S. Constitution. Be- After a case in Utah where a Federal two of the blast were churches. The De- cause that phrase, ‘‘separation of court told them not to sing a simple partment of Housing and Urban Devel- church and State,’’ although it has song about friends because the court opment had to get their arms twisted some use, is not found in the Constitu- thought it had too many religious con- frankly, Mr. Speaker, to accept the tion of the United States of America. notations, the Washington Post wrote idea that a church, just like any other No matter how many people try to in an editorial, it is now an open ques- business or enterprise or building near- claim that it is, all you had to do is tion, is it okay anymore in public by, could receive the rebuilding assist- pick up a copy of the Constitution and school to sing America the Beautiful, ance that came from the Federal Gov- read it. because the chorus says, ‘‘God shed His ernment to the properties damaged by What does it say about religion? grace on thee.’’ the Murrah Building blast. I think that ‘‘Congress shall make no law respect- Is it not absurd in the United States is proper. ing an establishment of religion or pro- of America, a land with such a beau- We do not say that we are going to hibiting the free exercise thereof.’’ tiful, rich history and heritage of reli- help this building over here because it That phrase, ‘‘separation of church and gious freedom, when we wonder if is a copy business or a printing busi- State,’’ is not found in the Constitu- somebody is going to get sued for sing- ness or a restaurant but, oh, we will tion. ing America the Beautiful? help everybody except those that are So the religious freedom amendment The religious freedom amendment institutions of faith. We are not going does not violate the concept of separa- says religious heritage, traditions, be- to pay them for their religion or for tion of church and State in the proper lief, yes, the people can express those their religious ceremonies, but we are sense of that term, but unfortunately, on public property, and that includes going to treat them equally if there is Mr. Speaker, people who are intolerant schools. It says also, because we want some sort of Federal assistance pro- of other people’s religions have dis- to make sure people know that they gram. Because churches are involved in torted the proper meaning of that are protected, they are not compelled, so many things; they are involved in phrase. In the process, they have per- government is not going to force any- welfare assistance, they are involved in suaded our courts to distort the first body to join in prayer. housing assistance, they are involved amendment. We start sessions of Congress with in programs against drinking and drugs Under their approach, because the two things, the Pledge of Allegiance and rehabilitation. Why should we say government keeps expanding, every- and a prayer. That used to be common that when we have a Federal grant that where, whether you are talking about in public schools as well. There are is available to help somebody get on schools or roads or if you are talking some people in this country who do not the right track again, if they have a about drug counseling programs, if you want to say the Pledge of Allegiance. spiritual component as part of their are talking about trade, if you are The U.S. Supreme Court ruled on that program, they are going to be disquali- talking about the price of apples and 50 years ago. They said no child can be fied? eggs and butter, the government is in- forced to say the Pledge of Allegiance. The religious freedom amendment is volved. When you have a constantly I agree with that. That is common not about supporting churches. It does growing government, if you put in sense. You do not force them to. But not enable that to happen for religious place a mistaken notion of separation they did not give somebody the right activity. But when they have a pro- of church and State and make an im- to censor and halt the children who did gram that meshes with what we are proper use of that term, then as gov- want to say the Pledge of Allegiance. trying to accomplish to help people get ernment gets bigger, you are saying That is the standard we should be ap- on the right track and to get a hand up that religion has to leave the room. plying to prayer in public schools. You and a helping hand in their lives, you When government comes in the door, are not forced to join in; if you do not do not disqualify someone. religion must exit. So as government want to, you do not have to, but that Just like, for example, take Federal keeps growing, religion and its place in does not mean that if you are so intol- education assistance, Pell grants, Fed- our lives has to shrink. That is not H1010 CONGRESSIONAL RECORD — HOUSE March 10, 1998 what the Founding Fathers intended. we correct what they have done to We can look at any State, pick a That is not what that phrase was in- twist and distort the First Amend- State. The gentleman from California tended to mean. ment. (Mr. CUNNINGHAM), from that Golden I want to share with Members what Now, it is really embarrassing, Mr. State, California’s constitution in- the phrase properly means. This is not Speaker, that Congress has taken so cludes the words that they are grateful according to Ernest Istook; this is ac- long to act on this crucial issue which to Almighty God for our freedom. Pick cording to the Chief Justice of the goes to the heart of the matter; it goes another State. Let us take another United States Supreme Court, William to the essence of our liberties as Amer- western State. Arizona, in its Constitu- Rehnquist. Justice Rehnquist is not icans. We have not had a vote on a tion it says, grateful to Almighty God one of those who has been trying to school prayer constitutional amend- for our liberties. Idaho, grateful to Al- push religion and religious expression ment in this House of Representatives mighty God for our freedom. Kansas, out of the public square. But Justice since 1971, and that is the only time we grateful to Almighty God for our civic Rehnquist has dissented from what the ever had it. The Supreme Court made and religious privileges. court has done in so many ways. its decision in that area in 1962. Now, Maine, oh, listen to this in Maine: Justice Rehnquist wrote an official after 36 years, we only had one vote on Acknowledging with grateful hearts dissent, and this was in the case of the floor of this House, and that was 27 the goodness of the sovereign ruler of Wallace v. Jaffree in 1985. He wrote years ago. They have not had a vote in the universe in affording us an oppor- that the wrongful focus on the term the Senate since 1984. tunity so favorable to the design, and And yet, year after year, month after separation of church and State has imploring God’s aid and direction in its month, we have public opinion polls, I caused, and here are his words on what accomplishments. That is in a State have a collection of 36 years of public it has caused, ‘‘a mischievous diversion Constitution in Maine. Connecticut opinion polls in the U.S.A., and 75 per- of judges from the actual intentions of says that it acknowledges with grati- cent plus, 75 percent and up of the the drafters of the Bill of Rights. The tude the good providence of God. Indi- American people say they want a con- ana, grateful to Almighty God for the wall of separation between church and stitutional amendment to address this, free exercise of the right to choose our State is a metaphor based on bad his- to make it possible to have voluntary own government. Nebraska, grateful to tory, a metaphor which has proved use- prayer in public school again. And the less as a guide to judging. It should be House has been unresponsive. That is Almighty God for our freedom. Michi- frankly and explicitly abandoned.’’ why I am so pleased that 150 and more gan, grateful to Almighty God for the Those are the words of the Chief Jus- Members of this House have come to- blessings of freedom. New York, grate- tice of the U.S. Supreme Court. gether in sponsoring the religious free- ful to Almighty God for our freedom. My home State of Oklahoma, invok- Because people, instead of talking dom amendment to correct this. It is ing the guidance of Almighty God. about the Constitution and our rights so long overdue. under the Constitution, have sought to As we look at this, let us compare Rhode Island in its State Constitution persuade people that instead you just the difference between what we do on a says, grateful to Almighty God for the talk about this phrase, ‘‘separation of Federal level and the States. If we look civil and religious liberty which he church and State.’’ at the preamble of the religious free- hath so long permitted us to enjoy and The religious freedom amendment dom amendment, to secure the people’s looking to him for a blessing upon our does not abandon the notion of separa- right to acknowledge God according to endeavors. South Carolina in their tion of church and State. It just cor- the dictates of conscience, is that not State Constitution says that they are rects it to the proper meaning; the what we want? Is that not the freedom grateful to God for our liberties. Ver- original and correct meaning of it is we want? We can acknowledge God ac- mont says that part of the reason for what we focus upon. Chief Justice cording to what our conscience tells us their Constitution is to worship Al- Rehnquist wrote about the actual in- ought to be the manner of doing so. mighty God. tent of the first amendment, ‘‘Congress I hear some critics say, oh, my good- We could go on and on, Mr. Speaker, shall make no law respecting an estab- ness, we cannot refer to God in the through the different States, through lishment of religion or prohibiting the Constitution of the United States of what the people of the States have free exercise thereof.’’ This is what America. What do we think the Found- thought was so important that they Justice Rehnquist says was the actual ing Fathers did and the Declaration of needed to write it into their constitu- intent of the Founding Fathers. Independence when they talked about a tions, and they did not mince words. And I quote his words again, ‘‘The due regard for nature’s God, when they They said, we as a people believe in Al- evil to be aimed at, so far as its draft- said in the Declaration of Independence mighty God, and we want to protect ers were concerned, appears to have that we hold these truths to be self-evi- people’s rights to worship God Al- been the establishment of a national dent, that all men are created equal, mighty. church and perhaps the preference of that they are endowed by their creator In this age when so many people are one religious sect over another, but it with certain inalienable rights, and trying to suppress religious expression was definitely not concerned about that among these rights are life, lib- in everyday life, is it not overdue that whether the government might aid all erty, and the pursuit of happiness, that we make it clear in the national Con- religions evenhandedly.’’ to secure these rights, governments are stitution of the United States of Amer- So the religious freedom amendment instituted among men. Now, is that not ica that people should be secure in follows the correct interpretation and something? The Founding Fathers said their right to acknowledge God accord- meaning. We do not establish any sort our rights do not come from govern- ing to the dictates of conscience? And of official religion. We are not going to ment, they come from God, from our that is a phrase that appears also in a have a national church in the USA. But Creator, and the purpose of govern- number of State constitutions: accord- that does not mean that we cannot ment, the whole reason for setting up ing to the dictates of conscience. have evenhanded treatment of different government is to secure the rights So the people that did so much to es- religions, of all religions rather than given to us by God. tablish this Nation and the States and suppressing them, rather than having Now, to some people today perhaps to establish and then to preserve our this current, horrible standard that that appears a strange notion, and so freedom and our liberty, they recog- says you go into a classroom and if a when we say let us put in the Constitu- nized that it is because of God Al- child wants to pray, you silence them. tion that people have a right to ac- mighty that we have been able to do knowledge God according to the dic- these things. Yet, Mr. Speaker, it is b 2200 tates of conscience, they seem to think sad that so many people want to wipe We silence them. We censor them, we it is something strange. But yet, Mr. it out. They say, well, look, if we want shut them up. That is wrong. That is Speaker, I have looked through the to express something about religion, do not tolerance, that is not diversity, constitutions of all 50 States. I ask my it in the privacy of your own home, do that is censorship. But that is what the colleagues if they know that every one it only at church. U.S. Supreme Court has been telling us of our 50 States in their State constitu- But, Mr. Speaker, if our constitu- for 36 years, and it is long overdue that tions refer to God. They do. tional rights only exist when we are in March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1011 private and we cannot proclaim them have a prayer, which is an everyday oc- This religious freedom amendment in public, are they really a right any- currence in so many other places in that is being offered is very simple. It more? If we were told we have a right life—this Congress, legislatures, city says simply that to secure the people’s of free speech, but not in public, we council meetings, city club meetings, right to acknowledge God according to would have the media so up in arms you name it—to deny them the right, the dictates of conscience, neither the about it saying, wait a minute, free Justice Stewart wrote, to have a pray- United States nor any State shall es- speech is something one takes with er while they are required to be at tablish any official religion. Who would them wherever they go, and in fact it is school is to place religion at an artifi- have any qualms about that? It goes on supposed to be more protected on pub- cial and State-created disadvantage. It to say that the people’s right to pray lic property than on private property. is not being neutral, it is being nega- and to recognize their religious beliefs, Is that happening? tive toward religion, and that is not heritage or traditions on public prop- A sad case recently, this is a Federal what the Founding Fathers intended. erty, including schools, shall not be in- court, a Federal court in New Jersey, Mr. BISHOP. Mr. Speaker, will the fringed. Now, who should have prob- there was a first grade student in Med- gentleman yield? lems with that? ford, New Jersey, and he wanted the Mr. ISTOOK. I yield to the gen- b 2215 right to read a story to his classmates tleman from Georgia. and he brought a book to school the Mr. BISHOP. Mr. Speaker, I thank It says, ‘‘Neither the United States next day to read a story to his class- the gentleman for yielding to me. I nor any State shall require any person mates. The book was The Beginner’s would just like to thank my good to join in prayer or other religious ac- Bible. The story was about Jacob and friend from Oklahoma for organizing tivity, prescribe school prayers, dis- Esau, their reunion together, two this special order and for all of his hard criminate against religion, or deny brothers coming back together. In fact, work in behalf of this very important equal access to a benefit on account of I have read the text of that story. It and vital legislation. I respect very, religion.’’ does not even mention God, but be- very deeply our Constitution and our All of this would appear to be per- First Amendment, but I share the gen- cause it is from a beginner’s Bible, the fectly legitimate and perfectly consist- tleman’s concern with the interpreta- teacher said, ‘‘You cannot read it in ent with what the Founding Fathers tions that have been given of the First school,’’ and the U.S. District Court had when they drafted the First Amendment over the last 30 years by agreed and said that is right, you can- Amendment to our Constitution. It is our Supreme Court. certainly consistent with our history, not read it. That is the first grader. Ironically, it seems that the Found- In Alabama right now, in a court rul- our traditions for most of the 200 plus ing Fathers who certainly had the ing issued by a Federal judge in Ala- years of our country’s history, save the specter of a national religion fresh on bama, over 70 students have been ex- last 30 years where the Supreme Court their minds probably never, ever envi- pelled because the judge has said it has turned us in another direction. sioned a time in history like we experi- does not matter what sort of school ac- I believe that it is appropriate. I be- ence today when religious expression lieve that it is certainly incumbent tivity it is, classroom, school assem- and exercise of any kind in a public bly, football game, pep rally, you name upon us to lift this issue and to raise it place is shunned so adamantly by our so that, once again, Americans will it, school officials cannot permit a government. They were running from a prayer to occur. And students that do have as much protection to express government that was too involved in their religious beliefs and heritage, not go along with that have been ex- religion, and we now have a govern- pelled. Now, what kind of religious tol- even in a public place as they do to ex- ment that discriminates against reli- press, to describe, or to observe nude or erance is that? gion. pornographic material. I recall the words of another Su- So I want to commend the gentleman I think that to offer more protection preme Court Justice, Potter Stewart. from Oklahoma (Mr. ISTOOK) for his ef- for pornography than for the sacred, He dissented, Mr. Speaker. He dis- forts and for lifting up this issue for religious beliefs and traditions of the sented when the Supreme Court said the American people and for the Mem- that students should not be allowed to bers of this body to carefully deliberate various people in this country is really join together in prayer at school as on so that we can really consider where awful. It is something that is inconsist- part of a normal activity, and he wrote we want to go in the future to right ent with our history and our heritage. that he did not see that there was a what has been 30 years of the wrong di- I commend the gentleman from Okla- danger in letting students that wanted rection. homa (Mr. ISTOOK) for his efforts. And to say a prayer to say one. In fact, he I can remember very vividly when I I join the gentleman in his efforts to said if we really believe in diversity, was a child growing up in Mobile, Ala- see if we can right that wrong. students are only going to learn about bama, and I started to school and every Now, there are those who would sug- diversity if they are exposed to it at morning it was the Lord’s Prayer, the gest that, if we should do this, that we school where they know it is normal, 23rd Psalm, the Pledge of Allegiance to will somehow be infringing upon the where they realize different people the flag, and My Country ’Tis of Thee. rights of, perhaps, a minority; that pray different ways, different people That was regular, it was consistent, there may be a Jewish student in have some differences among their and even though we recited it almost school or a Muslim student in school faiths, but yet they are more united by rote, the words of all of those began who might feel ostracized because he or than they are separate on those things. to have meaning for us. And I believe she may be the only child or one of just In fact, Justice Stewart went farther, that somehow those words, through the a few children in the class who may be because I hear some people talk about 12 years of grade school and high belonging to a particular religious be- what they call a captive audience at school that I attended, made a dif- lief or faith. school, they say, oh, you cannot have ference in shaping the values that I Well, that may be true that they may prayers at school because the children have. I am afraid that several genera- be a minority, but we have learned in are captive audiences there. The people tions of America’s young people have America that even minorities have that first came up with that concept grown up despiritualized because of rights. Under this religious freedom did not think about all of the students, this wall of separation that has been amendment, even that child who be- they only cared about maybe a child placed between our religious values and longs to a minority would have just as who did not want to hear someone our life. much right to pray or to express his or else’s prayer. I learned somewhere that religion is her religious traditions as the major- But how about the vast majority of what means the most to a person. I be- ity, the majority faith that would be students that say yes, that is some- lieve as Americans we are very, very represented in that particular environ- thing good, that is something positive, reverent, and I think that everyone ment. what about their rights? Because Jus- should have the right to express him or They say, well, how are we going to tice Potter Stewart wrote, in a system herself in any way that he or she manage to make sure that no child of compulsory attendance at public should, within the appropriate and ac- gets ostracized or no one is treated un- school, to deny children the right to cepted means. fairly? I suggest to the gentleman that H1012 CONGRESSIONAL RECORD — HOUSE March 10, 1998 it should be handled in the very same apply. Free speech is not absolute. We In San Francisco, in a city park way that teachers and principals and cannot yell ‘‘fire’’ in a crowded thea- there, for 65 years, there was a large school administrators and school ter. That is kind of the classic. We can- cross. It was on public property there. boards handle the order and discipline not advocate for people to rush out and It had been there for 65 years. It had of our schools today. take up arms and violently overthrow been praised by people. What has to happen is that school the government or otherwise incite President Franklin D. Roosevelt, boards must be accountable. They people to riot or rebel. I do not know if when he was President, made a na- must make sure that whatever policies that is truly what we are trying to do. tional address where he singled it out. are applied are applied evenhandedly. Of course, then, there is limitations on A U.S. Supreme Court ruled last year And if those policies are applied things that are pornographic. it was unconstitutional. Now, I do not evenhandedly, even the minority stu- Now, the courts in doing this, I can know if it was unconstitutional to dents would have the right to express think of an example that involves the them 65 years ago or if it first became their religious beliefs with the same Internal Revenue Service. One of their unconstitutional to them in 1997 or dignity and the same respect as any big district offices in California put out when. other students in the class. I believe a memorandum to its employees. They There have since become cases in San that it is fair. It is basic. I think it is said, you cannot have a religious item Diego, cases in Oregon, cases in Ha- an idea whose time has returned. in your personal work space or on your waii. I mentioned the one in Edmond, I commend the gentleman from Okla- desk. We are talking about things that Oklahoma. For the U.S. Supreme Court homa. I certainly support his efforts. could be a picture of Christ. It could be to single out emblems of a particular Maybe we may disagree on some of the a Star of David. It could be a nativity faith and, yet, that same U.S. Supreme nuances and some of the specific word- scene. It could be lots of different Court has ruled that an emblem like a ing in the amendment, but I think the things. Nazi swastika is protected. thought, the principles, and the ideas I wrote the IRS, and I said, why are I am thinking of a case in Skokie, Il- are the same. you doing this? They wrote back, and linois, a Jewish community with a lot I want to join the gentleman and sup- they said in their letter, items which of members of the Jewish faith who port what he is doing. Maybe at some are considered intrusive such as, and were survivors of the Nazi Holocaust, point we can get together and fine tune they gave two examples, and these are and American Nazis went to parade in the language in a way that it would the only examples they gave, items Skokie, Illinois, through the streets eliminate any criticism. which are considered intrusive such as emblazoning their Nazi swastika all For example, I believe the gentleman religious items or sexually suggestive over the place. The court said, oh, that mentioned the word, ‘‘God’’. There are cartoons or calendars are prohibited. is protected. A symbol of hate is pro- Look how they juxtaposed things. some religions that God can be a ge- tected, but a symbol of love, of hope, of Look how they categorized a Bible or a neric term or God can be an faith, it is not. What kind of standard menorah or a cross or whatever as anthropomorphic deity. I do not think is the Supreme Court using? it is appropriate for government to de- though it were pornographic. I was Mr. BISHOP. Will the gentleman struck by that when the gentleman cide. yield? So for that reason, if it were my pref- from Georgia made the comment that Mr. ISTOOK. Yes. erence, I would remove the word, he did. I wanted to share that with the Mr. BISHOP. I think that is a very, ‘‘God,’’ from the amendment itself, be- gentleman and get your reaction to very profound question, because I that. cause it appears no where else in the think what the Supreme Court was try- Mr. BISHOP. I would be appalled to Constitution anyway. But I do not ing to say was that we have to learn to have that kind of comparison contrast be tolerant of the views of others, even think that that is a severe impediment. made to mention religious items. Reli- I believe that the essence of the though they may be different from gion is what means most to people. It amendment is for every person to have ours. I think that is a very, very valid is revered. It is something that is sa- the right to express his or her religious statement, a very, very valid principle. cred, whatever that expression may be. However, do we want to draw the line beliefs and opinions without being dis- If it is religious, it is deeply held and and not be tolerant of the views of oth- criminated against and in an even- deeply felt. handed way. For those of us who feel that a per- ers if those views happen to be based in I do not think that government son’s right to express his or her reli- religious tradition, religious practices, should shun religion just as I do not gious traditions, whether it is the religious beliefs? Certainly, that could think government should foster reli- wearing of religious items, a crucifix, a not be the intent of our Founding Fa- gion. I believe that this amendment, if menorah, or whatever the sacred item thers. implemented and if it is applied fairly, might be, and to have that item in his Certainly, we must want to teach tol- and school boards are accountable and or her possession, and to have that erance so that, if people are of different hold their employees accountable in equated with pornography, I think, is religions, different backgrounds, have the implementation of it, I think it can abominable. different points of view, that they each work well. I think that it will help us I think it is certainly inconsistent have the right to express those points to get back to the day where we can re- with the noble high ideals of our of view in an atmosphere of tolerance, store spirituality and values and prin- Founding Fathers when they founded particularly government tolerance. ciples and character and dignity in our this country and when they wrote what I think that that is essentially what young people, and we can look forward I believe to be one of the greatest docu- this amendment is trying to do. Let us to a brighter future. ments ever written in history, and that be as tolerant of the expressions of reli- I thank the gentleman from Okla- is our Constitution, next to the Bible, gious belief, regardless of what the re- homa for yielding. of course. ligion might be. Mr. ISTOOK. I appreciate the gen- I feel very strongly that this is Let us be as tolerant of that as we tleman from Georgia’s comments. In wrong, that the interpretation, the would be of a swastika or of burning a fact, I would like to exchange a couple pendulum, has swung too far in that di- flag in public, which is certainly abom- of thoughts with the gentleman. rection, and we need to right a wrong. inable to those of us who are patriotic I would like to engage in a colloquy, I believe that the way to do that is Americans who revere our flag, but to if I can, with the gentleman from Geor- through the enactment of a Constitu- allow tolerance for those who, through gia, because I was struck by something tional amendment to set it straight their anger and misguided or misdirec- he said about some people, the way once and for all. tion, would destroy our flag or would they treat it, in essence, equate reli- Mr. ISTOOK. I agree with the gen- want to wave a symbol of hate like a gion or religious expression with por- tleman. I think through the different swastika, to give them the protection nography. symbols. Because it is not just the In- and the tolerance, but not to give that Now, let me explain what I mean by ternal Revenue Service. They are act- to a young girl who merely wants to that, because pornography is a special ing in response to these horrible court take her Bible with her on her school category where free speech does not decisions. bus on her way to school, to ban that March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1013 and not give her the protection and the Like I mentioned before, we have ‘‘In esses of our government operations, for tolerance by her government merely to God We Trust’’ over the Speaker’s example, the rules of this House, for carry a sacred book on the school bus chair here in the Chamber of the House the operation of our schools, the prin- with her, that could not be the intent of Representatives. But they are suing, cipals, the school board, the teachers, of our Founding Fathers, and certainly saying the State of Ohio better not the faculty. They have a routine. They was not the practice of the custom for say, ‘‘With God all things are pos- have procedures. Students know when most of our country’s history. sible.’’ they are allowed to speak and when Can you imagine justifying and pro- Look at the State seal of Florida; it they should remain silent. They know tecting the use and the waving of a says, ‘‘In God we trust’’ on the State that they have to cease speaking while swastika, a symbol of hate, while at seal of Florida. There are other expres- another child is giving his or her reci- the same time, banning a young girl sions on other State seals and State tation or responding in class. There is from playing a videotape of herself in a flags. a protocol. show-and-tell day at school simply be- I look at West Virginia, where the I believe that the people in this coun- cause she is singing a religious song in ACLU is suing there to say you cannot try, our school boards in this country, church. It just does not seem to be fair. have prayers to start football games. are as creative and as ingenious and as It is not right. And it is discrimina- What kind of intolerance is this? Yet in bright as it takes to be able to estab- tory. this topsy-turvy world, some people try lish the right kinds of protocol so that to say, oh, we are practicing tolerance b 2230 every child would be given the oppor- by telling people to be silent. That is tunity to express him or herself in a I believe the time has come that we not tolerance. That is intolerance of way that is evenhanded. need to stop discriminating against the the worst order because it picks on kind of tolerance that expresses reli- We live in a melting pot. America has people’s religious faith. been always a melting pot with many, gious traditions while we protect the I know when it comes to saying that kind of tolerance that allows hate and many backgrounds and many genera- it is once again possible for students at tions of people coming from all over racism to be expressed as with the school and, if they wish, in the class- swastika and many other symbols that the world to make their home on these room to have a prayer at the start of soils. I believe that they bring a very, the Supreme Court has allowed to be the day and, as you mentioned, you protected. very interesting set of backgrounds protect everybody’s rights, you have it and histories and religious traditions Mr. ISTOOK. I certainly agree with rotated and you make sure that it is the gentleman. Unfortunately, some which is a part of our national cultural not just one faith that gets to say a heritage. We must be willing to expose people seem to have this notion that prayer and others do not, the religious tolerance is a one-way street. They ex- ourselves and to listen to it, not nec- freedom amendment does not coun- essarily agree with everything we hear, pect us to tolerate expressions by peo- tenance that sort of thing, but it gives ple who are way out of the ordinary, but to listen, to listen respectfully and people the opportunity. to form our own opinions. and certainly I believe in protecting I think back on my experience, and I I believe that is what this religious the rights of minorities of whatever am 48 years old; maybe once or twice in freedom amendment is all about. It is type they may be, but that does not 48 years of life thousands and thou- not about cramming one particular mean that you disregard the rights of sands of prayers I have ever heard, only point of view down anyone’s throat. It the majority because the first amend- maybe once or twice in my life has is about allowing all of the ideas, al- ment was meant for all of us. there ever been a prayer that I heard lowing young people, allowing people I hear some people say, the first that I thought was out of place. amendment and the religious protec- I think when you talk about having who have religious beliefs to be able to tions in it were intended to protect the prayers in public schools and thou- express them as they can express any minority from the majority, but I sands of public schools, what turns out other form of free speech in any con- think that cuts both ways. Yes, it is in- to be millions of times a year probably, text that is not inhibiting and is not tended to protect the minority from that it is going to be extremely rare if discriminatory. the majority, but it is also to protect there is going to be any sort of prayer I just believe that what the gen- the majority as well. And to say that it that is offensive. Do you say that if tleman is trying to do through this only protects some of us and not others you are afraid that somebody is going amendment and what we all want to is certainly not equal protection of the to say something wrong, you force ev- see for America will help us to have a laws and it is not what the Founding eryone to be silent? That is not the much richer heritage and a much more Fathers intended. American way. If something happens tolerant environment. I do not believe Yet I think of instances, in Denver, that is wrong, that is how you learn. that anybody will be put upon, and I do Colorado, a year or two ago, this orga- You learn from those experiences. not believe that any school board nization known as Americans United These scare tactics that some people would stand for anyone being put upon. for Separation of Church and State got are using, the ACLU-type groups, say- Should that happen, those instances involved really in an incredible way, ing, people are going to be coming into where someone abuses that authority, because they were going to have a our schools to do this and that; no, it will be appropriate for the ACLU or prayer luncheon and the governor was they are not. This amendment does not for parents or for the community to going to be a part of it, and they put give anybody the right to walk into a rise up in arms, to rise up in protest le- out this press release saying, oh, it is public school. It talks about the rights gally or otherwise to make sure that terrible for a public official to be in- of those who have a right to be there, those wrongs are righted. volved in a prayer breakfast or a pray- just as everybody does not have the Mr. ISTOOK. I think the gentleman er luncheon because they are public of- right to come in and disrupt the pro- has stated things very well. I appre- ficials and, therefore, I guess sup- ceedings of this House or to go into ciate your recognition and expression posedly they are not supposed to have some other government office and be of the fact that this amendment is any religious expression of religious disruptive, there is no right to be dis- about tolerance. freedom. Yet they were condemning ruptive just because you have a right Some people have developed the mis- the idea of having a community prayer to free speech. taken notion that if they are present luncheon and letting public officials be Mr. BISHOP. That is a very interest- when somebody says something with a part of it. That was outrageous to ing concept that the gentleman just which they disagree, that they have me. raised, because I hear a lot of the oppo- been put upon. Well, hearing something You look, right now the State of nents or the critics of the amendment with which you disagree and being re- Ohio, Ohio has a State motto. Their suggesting, how are we going to regu- spectful of it does not mean you agree State motto is, ‘‘With God all things late this? How are we going to control with it. It happens all the time on the are possible.’’ They are being sued by who comes in and what they say? floor of this House. It happens all the the ACLU saying. You cannot use the We already have in place the mecha- time in classrooms at school. And to State motto; you cannot put it up. nisms for controlling the orderly proc- single out religion and say, you cannot H1014 CONGRESSIONAL RECORD — HOUSE March 10, 1998 say something that does not have as required by section 1011 of the Alas- still said that I never felt better. He unanimous approval because it in- ka National Interest Lands Conserva- said, Can you explain? He said, Well, fringes on someone else’s rights, what tion Act (Public Law 96–487; 16 U.S.C. my horse had broken legs and the po- you are really doing is stomping on the 3151). This report contains pertinent liceman took out his revolver and he rights of almost everyone just because public information relating to minerals shot the horse. My dog was near death, somebody there is intolerant. in Alaska gathered by the U.S. Geo- and he reached over and shot the dog I think of the case, this was the grad- logical Survey, the U.S. Bureau of and the police officer looked at me and uation prayer case, the prayer there Mines, and other Federal agencies. said, how do you feel? And of course, I was said by a Jewish rabbi. The Su- WILLIAM J. CLINTON. replied I never felt better in my life, preme Court said it was unconstitu- THE WHITE HOUSE, March 10, 1998. even though I had broken legs and tional to expect people to be there be- f arms. cause they would be expected to be re- Kind of the truth in the same story FEDERAL AGENCY CLIMATE spectful. That interfered with their could be related to our service chiefs as CHANGE PROGRAMS AND ACTIVI- constitutional rights. they testified before the different com- TIES—MESSAGE FROM THE I suggest to you and to everyone that mittees. if they said, well, we expect students to PRESIDENT OF THE UNITED b be respectful when somebody is speak- STATES (H. DOC. NO. 105–226) 2245 ing, we expect them to be respectful if The SPEAKER pro tempore laid be- A four-star General or Admiral will the school choir is singing a song, we fore the House the following message come before the committee and state, expect them to be respectful of all the from the President of the United ‘‘Our readiness state is high, we are occasions, but if it is a prayer, you can- States; which was read and, together well trained, we are well prepared.’’ not expect respect. with the accompanying papers, without And these are the same words that What a terrible doctrine the Supreme objection, referred to the Committee they said in the ’70s when we were at Court unleashed there. We have to cor- on Science, the Committee on Inter- an all-time low. But we know and they rect it. You do not have free speech if national Relations, and the Committee know if they do not agree with the you can only say things with which on Appropriations and ordered to be President’s budget and they say other- people agree. printed: wise, the President will find someone If I could close and just share a To the Congress of the United States: who will agree. And there is the para- thought expressed recently, just about In accordance with section 580 of the digm. 3 months ago by Pope John Paul II, Foreign Operations, Export Financing, If we take a look, the White House concerned with religious freedom in and Related Agencies Appropriations budget is a good one. But our service the United States of America, when he Act, 1998, I herewith provide an ac- chiefs try and give us the information received the new American ambassador count of all Federal agency climate to read between the lines. For example, to the Vatican just in December. He change programs and activities. in the President’s budget education im- said this: ‘‘It would truly be a sad thing These activities include both domes- pact aid has been cut. What is edu- if the religious and moral convictions tic and international programs and ac- cation impact aid? upon which the American experiment tivities directly related to climate If a military service person signs up was founded could now somehow be change. for aid in one State and moves to an- considered a danger to free society, WILLAIM J. CLINTON. other, and they reside in that State such that those who would bring these THE WHITE HOUSE, March 10, 1998. and keep their registration there, their convictions to bear upon your Nation’s f State taxes go to that State. And say public life would be denied a voice in that they go to California, the State debating and resolving issues of public MILITARY READINESS that I am from, and their children go policy. The original separation of The SPEAKER pro tempore. Under to that school. Well, they impact that church and State in the United States the Speaker’s announced policy of Jan- school, but yet there are no State was certainly not an effort to ban all uary 7, 1997, the gentleman from Cali- funds. Ninety-seven percent of edu- religious convictions from the public fornia (Mr. CUNNINGHAM) is recognized cation is paid for, excuse me, 93 per- sphere, a kind of banishment of God for 60 minutes. cent, out of State funds, so there is a from civil society.’’ Mr. CUNNINGHAM. Mr. Speaker, one direct impact on that school. Yet the Those were the words of Pope John of my favorite speakers is a guy named budget is okay, but education impact Paul II just in December, expressing Will Rogers. First of all, he tells sto- aid is not in the budget. concern about religious freedom being ries and he relates to people. And my The service chiefs testified that 80 stripped away in America. subject tonight is the readiness, the percent of the equipment of all of our The religious freedom amendment national security of this great country. services, 80 percent, is of 1970 vintage. will correct that. I thank the gen- We just finished a hearing in San But the budget is okay. There is not tleman from Georgia (Mr. BISHOP). I Diego headed up by the gentleman enough money for modernization, be- thank the Chair for having the time to from Virginia (Mr. BATEMAN). Our Re- cause modernization over the past 7 present it. I look forward to the day in publican and Democrat colleagues, I years has been cut 70 percent. So our the next few weeks when we will have was very, very proud, they listened. new tanks, our new aircraft, our new a chance to debate and to act upon this They watched. And they unanimously weapon systems, our ships cannot be House floor on the religious freedom contended that the readiness state of built. But yet the system is okay. amendment. our armed forces in this country is at a The bottom-up review that was f critical state. charged by then Secretary of Defense 1997 ANNUAL REPORT ON ALAS- I think it best relates, as my friend Les Aspin pointed out that the Navy KA’S MINERAL RESOURCES— Will Rogers used to relate the stories, was going from 546 ships, but yet we MESSAGE FROM THE PRESIDENT and it tells about a case of a gentleman needed only 346 to complete two com- OF THE UNITED STATES that was in an accident and he was bat zones at one time. They refer to it banged up. His horse was killed. His as a two MRC. It would take 346 ships The SPEAKER pro tempore (Mr. dog was killed. to do that. But yet in the budget that REDMOND) laid before the House the fol- And the insurance agent came to the we see today, in the outgoing years and lowing message from the President of gentleman and said, Well, is it true the this year, we are only building three to the United States; which was read and, day of your accident you told the po- five ships, which will put us well below together with the accompanying pa- lice officer that it was the best day of 300 ships. But yet the budget was okay. pers, without objection, referred to the your life and that you had never felt There are limited parts, so bad that Committee on Resources: better? And the gentleman looked at many squadrons in the United States To the Congress of the United States: him and said, Yes, this is right. I did have but one or two aircraft that will I transmit herewith the 1996 Annual that. He said, But you had broken legs fly because they have had to take the Report on Alaska’s Mineral Resources, and broken arms. He said, Yes, but I parts off of those aircraft and send March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1015 them to Iraq and Bosnia and our other groups training, the low level, we have airplanes, go out and train them, be- contingencies on the front line, and less and less and less. Let me talk cause they have not trained their new that means that the aircraft that are about the troops getting out with a kids that have just joined the squad- left here are down so that the pilots Will Rogers type of story. ron. here cannot train or cannot fly those In Vietnam I was fortunate to shoot So we have kids that are not trained aircraft. down a Mig 21 over Southeast Asia. as well as pilots and aviators. And even They have to operate a maintenance When I came back aboard the U.S.S. the weapons people to onload the weap- practice called cannibalization, in Constellation, which was the same ship ons are new. So they have to gear up to which they have to take a part off of we held this hearing on, all 5,000 men that because they could potentially one aircraft, they have to put it on an- on that ship were up on the flight deck end up in combat. But yet the budget’s other aircraft, and then take a third because no Mig had been shot down in okay. part and put it on the original air- almost 2 years of fighting. As I taxied Let us take a look at how foreign plane, and in many cases that does not over to the elevator, I looked and there policy has damaged the readiness of work. The load for that maintenance was Captain James D. Ward, skipper of our forces in this great country. We worker is three times the amount of the U.S.S. Constellation, Admiral went into Somalia with a humani- work that a normal maintenance work- Hutch Cooper, who was commander of tarian message and mission. There was er has to work. But the budget is okay. Task Force 77, and all 5,000 guys were an extension after George Bush left and Operation tempo. Listen to this, Mr. there cheering. the President took over in the White Speaker. The operation tempo since And I looked at my plane captain, his House. They extended Somalia. Most of the Cold War has increased 300 percent. name was Willie Lincoln White. Willie us voted against that because there But yet the budget is okay. Lincoln White, in his enthusiasm, Mr. was no mission, there was no clear Our men and women are getting out Speaker, broke through the crowd. He time to get out, much like there is in of the service. The retention rate is 24 knocked over Admiral Cooper, and you Bosnia today. percent. Pilots in the Air Force, they do not do that in the Navy, and he ran The extension changed from humani- had to give bonuses. It was 29 percent, across the flight deck. In his enthu- tarian. And Mr. Speaker, I think you and they were able to boost it up to 33 siasm, he ran by the tail feathers will remember that the mission went percent. The Navy is similar. What where the engines were still going and after General Aideed. Well, during that does this mean? jumped up on the port wing. We are time there was a humvee, which is a We interviewed in San Diego our top trying to get the ejection seat pins in vehicle that our Rangers were driving, enlisted, our staff sergeants, our and the safety arm for the weapon sys- and they were trapped by the forces gunnies, our master chiefs, our chiefs tems, and Willie White leaned over and there. They were cut in four pieces and enlisted. Most of their senior en- grabbed my arm and said, ‘‘Lieutenant with chainsaws and their remains were listed personnel, because of the time Cunningham, Lieutenant Cunningham, drug through the streets of Somalia. away from home, because of the in- we got our Mig today, didn’t we?’’ Our military leaders asked for armor. creased tempo, because of three times Well, what was Willie Lincoln White And at the same time the mission the workload, because of having to de- telling me, Mr. Speaker? He felt a very changed from humanitarian to going ploy and be away from their families, important member of a team, and after General Aideed, the President are getting out of the service. So we do rightfully so. We shot down a lot of drew down our forces, making us vul- not have that experience level to man Migs, but we only deserve about 1/ nerable to attack. And so our com- the readiness of our equipment, in 5000th of the credit. And those men and manders again asked for armor and which in the States we do not have be- women serving in our military feel like they were denied. cause it is being forced on the front they are part of the team. But this There was a helicopter that went lines. But yet the budget is okay. Congress and the White House is let- down, Mr. Speaker. The same thing. Older equipment from the 1970s is ting down that team, Mr. Speaker, be- Two of the members were killed out- much more difficult to keep up, Mr. cause when men and women who are right, the one survivor was taken out Speaker. Cannibalization that does not dedicated, dedicated to serving this and cut to pieces and his body parts work, 300 percent increase in op tempo, country, are forced out because of a 300 were drug through the streets of and a budget that is lower than in the percent increase, because of cannibal- Mogadishu. And again they asked for 1950s. But yet the budget is okay. ization, because of no parts, because armor, because they could not get to Now, with that 1950s budget, Mr. they cannot train and that they are them through the streets. Speaker, with that 1950s budget for our kept away from their families, that is Then we put in a strike going after national security, all of the contin- wrong. General Aideed, downtown Mogadishu. gencies, Somalia, Haiti, Bosnia, there Let us take a look at the U.S.S. Con- Our Rangers were trapped. It took 7 was $16 billion spent for which Con- stellation in port in San Diego today. hours to get to them because they did gress did not support. We did not sup- She returned from a 6-month cruise not have armor, and we lost 22 of our port the increase and lengthening of overseas. Now, during the months of soldiers unnecessarily. And another Somalia, we did not support Haiti, and April, May, June, July and August she reason that I do not support the United we did not support going into Bosnia, has to go up to Bremerton. She is an Nations is because at that time but the President ordered it. It cost $16 old boat and she has to get repairs. Boutros Boutros-Ghali could have or- billion, which comes out of the oper- Now, Bremerton is not where the fami- dered in our tanks from other U.N. na- ations and maintenance funds which lies of those men and women serving on tions and did not. We lost 22 men, Mr. our service chiefs, our enlisted and our that ship live. They live back in San Speaker. commanders have told us there are no Diego. So after a 6-month cruise, they Let us look at Haiti. Oh, and guess parts. We are not maintaining our are going to have to go up, months what? In Somalia, General Aideed died equipment because it is already coming away from their family. This is sup- last year but his son is still there. out of there. posed to be a time called shore duty on They still have the same corruption. One thing they said unanimously, the the rotation, 6 months on, 6 months They still have the same poverty. They service chiefs. We have a supplemental off, that they have to spend some time have the same problems that they did called a defense supplemental coming with their families, but they cannot do for the humanitarian reasons we went up, and if they do not receive this sup- that. there and it cost billions of dollars. plemental, all services will not only go After they get through with this time Now, we take that out of Medicare, we into a hollow force, they will be inept. in Bremerton, they have two 40-day take that out of Social Security, we That is the words of our service chiefs. workup periods. Why? Because the air- take it out of education, but it is dol- And this is critical. Without the sup- craft they have does not have any lars that we do not have overseas. plemental, we will not only be in a hol- parts. In some cases they do not even Let us take a look at Haiti. In my low force but we will be inept. have the airplanes. They have to get opinion, Haiti could stay there for an- With the experience leaving the serv- them back from sailors that are com- other 200 years and not be a threat ices, we have a real problem. With our ing back off another ship, beef up their militarily or economically to this H1016 CONGRESSIONAL RECORD — HOUSE March 10, 1998 country. But yet, on the President’s or- cause those critical rate shortages of Training Center, 29 Palms, and U.S. Air ders, against the will of Congress, we our senior enlisted getting out have Force Air Warfare Center at Nellis Air went into Haiti. Who did we send in got to either cross deck, or go to Air Force Base is that units are arriving there? A mad dog named Aristide, who Force units, or turn around and go less prepared than they used to be and used Haitian neckties, which is a tire right back to fulfill those voids. And not as proficient when they complete around the neck of his opponents filled that is another reason why retention is their training as in the past. Deployed with gas, and lit them. But yet he was so low. It is another reason why our units numbers of overdue training our ambassador. He was going to be the readiness is low because experience is events which drives increased work- head of Haiti, supported by this admin- leaving. And it is a self-contained cess- loads in order to catch up is forcing our istration. pool, Mr. Speaker. men and women out the service. Billions of dollars, Mr. Speaker. Do more with less. Brigadier General The report states that service sec- Aristide is still there, the government William Wallace. Remember William retaries have confirmed that while is still poor, the people are still poor. Wallace in ‘‘Brave Heart.’’ This is Brig- readiness has traditionally fluctuated, There are still boat people coming adier General William Wallace. And I meaning it is a moving target, depend- from Haiti, and all of the same prob- quote, ‘‘We tend to see leaders that are ing on where the unit was, either de- lems we went there for. But yet it cost well-educated, but not well-practiced.’’ ployed or at home, from all the serv- billions of dollars. Why? Because their quality of experi- ices was at troughs of lower readiness Let us take a look at Bosnia. In my ence is lacking. are deeper and longer in duration. opinion, if we pulled out of Bosnia Before many of us went to Vietnam Many pilots and maintenance person- today, would there be conflict? Yes. and even in Desert Storm, we had nel interviewed report that aircraft are Look at Kosova. Look in the news strong training; we had strong control increasingly being stripped of parts as today. with our leaders. Our leaders were war- soon as they return from deployment tested and trained. Now that is fading, b 2300 in order to support other aircraft that Mr. Speaker. We had adversary squad- are deploying. But if we pull out 5 years from now, rons. We were able to fight against A– Personnel in an S–3ASW aircraft the fighting is going to be even worse 4s that simulated the MiG–17 and MiG– squadron noted that it had returned because of our failed foreign policy. 21. We were able to fight F–5Es and from recent deployment and had no And let me be explicit. The White other aircraft which simulated MiG–21 aircraft to train because the aircraft House sent arms to Izetbegovic, the and MiG–29. But we do not have any were needed to support the ongoing de- leader in Sarajevo, head of the Muslim more of those adversary squadrons. ployment of aircraft on the U.S.S. forces, to balance out, quote, ‘‘balance The budget does not allow for those Kittyhawk. An ES–6 squadron only had out the force.’’ We are continuing to aircraft. I am alive today because of one aircraft left. They had to get rid of arm and send our troops to train the the training and the superior equip- all their airplanes. Fighter squadrons ment I had in combat. And our troops Muslims. There are between 10 and are leaving with no parts. Back here in are losing that edge. 12,000 Mujahedin surrounding the United States, they cannot fly Izetbegovic and essentially trained Mr. Speaker, did you know that Cap- tain O’Grady, when he was shot down them so they cannot train so that we under Kadafi, and that government is can support all of these contingencies. going closer, and closer, and closer to in Bosnia that made the news, was not qualified at air combat maneuvering, And I quote, Never before have squad- Iran and Iraq. And if we pull out in rons come back with no planes to train later years, it is not going to be the because they are not training here in the States. And when you get overseas with. Serbs, it is not going to be the Cro- The Marine Corps: Marine aviation on the front lines, you are flying these atians, but it is going to be the fun- weapons and tactical squadrons noted missions, you cannot afford an air- damentalists, the Mujahadin and that fixed-wing pilots coming to school Hamas that are going to strike a blow, plane, you cannot afford to fly and train in many of the areas because used to have approximately 1500 hours and Iran and Iraq is going to have a of flying time in a particular type air- foothold in former Yugoslavia, and it is they will not allow us the air space to fight with live ordnance on. So you end craft. Today the average is closer to 400 going to threaten Europe, and it is up drilling holes in the skies. And yes, hours. And these are your pilots that going to threaten Greece, and it is Captain O’Grady was shot down with a are going to go back and train the re- going to threaten the United States of sand missile. maining pilots, and they only have 400 America, Mr. Speaker. And that is You saw him being picked up by hours. They are beginners, Mr. Speak- wrong. Navy and Marine forces. But he was er. The President’s budget represents not qualified for air combat when he Helicopter pilot students used to av- the 14th consecutive year of defense was shot down. That is a crime that erage approximately 12 to 1500 hours spending decline. The President’s re- this country would send our men and flying time. Now the average is near quest represents 3.1 percent of GDP, women abroad with the lack of train- the minimum, 700 hours. So quality, down by 50 percent in the mid 1980’s. ing, lack of parts, 70-year-old aircraft, experience. And we can neither accept The fiscal year 1999 request represents and on and on and on. or tolerate anything less than super- the lowest defense budget since before, According to Army briefing, 125 in- lative in our air crews and in our men before the Korean War; Bosnia, $7.1 bil- fantry squads are unmanned. That is and women who maintain those ma- lion; southeast Asia ops, 4.7 billion; equal to five infantry battalions, and chines. Haiti Cuban ops, $1.4 billion; Somalia, they are not even manned because we Officers expressed their belief that a Rwanda, $1.9 billion; $16 billion that, do not have the personnel. And if we gradual decline in marine tactical air again, comes out of an already low de- did, we do not have the senior non- combat readiness was underway due to fense budget. commissioned officers to train them. a combination of factors: Reduced ex- Since 1993, three times more spent on Additionally, there are 134 tank perience levels, reduced turnaround contingency operations than all of the crews and units based in the United time between deployments, pilot res- United States Marine Corps procure- States which are undermanned and un- ignations, degradation of aircraft read- ment. Bosnia deployments are esti- qualified, more than 40 percent of a di- iness and training, ordnance shortages, mated to have cost an additional 10 to vision of armored fighting power, and and a lack of trained personnel to $15 billion when we do not pull out this this is according to the Army itself. maintain those machines. Approxi- June, as the President said he would a This briefing also identified 199 mately 12,000 DOD service members are year ago. Air Force officials have es- crews, Mr. Speaker, of Bradley fighting on food stamps and that many others tablished 120 days per year as the de- vehicles in the United States that are qualify. Is it any wonder, Mr. Speaker, sired maximum number of days an in- undermanned or unqualified. That is 60 that our servicemen and women are dividual should be away from his home percent of a division’s infantry fighting leaving? But yet, the budget is okay. station. power. But yet the budget is okay. A 1990 survey found that 61 percent of Many of our troops are away from The widespread belief of trainers Active enlisted soldiers and 47 percent their homes over 230 days, and then be- interviewed in the NTC, which is Naval of officers were dissatisfied with the March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1017 amount of time that they had to be wings, totaling 636 aircraft, were re- The Army’s MA2A tank, they are separated from their families. For the duced to three wings, 636 aircraft to 168 only upgrading one-third of them. It is last 30 years, Mr. Speaker, the number aircraft, to do the same job. But yet, one of the finest tanks in the world, one reason for a lack of retention in the increase in tempo is 300 percent but their only new tank does not come our armed services is family separa- and they are expected to do the same out until 2020, 25 years from now, Mr. tion. And we cannot increase an oper- thing. Speaker. A lot can happen in that time ation tempo by over 300 percent and ex- Personnel reductions from 62,000 frame. pect to have any kind of retention fig- down to 27,000; post-Cold War oper- Let us talk about the threat and why ures. ations, larger, more intensive, more we need these new aircraft. General Increased drug and child abuse are complex, longer in duration, Air Force Shalikashvili, for whom I have a lot of attributed to high pace of operations study describes the context of a new respect, he was appointed by the Presi- within the armed services. In 14 sepa- environment of degrading readiness. dent, but yet he pushed the envelope, rate studies, 25 percent of the senior And I quote, ‘‘The increase in demand Mr. Speaker. He knew his troops need- NCOs and officers indicate that they for U.S. Air Force assets and personnel ed more. They needed more of the as- are leaving service either earlier than has come to a time when U.S. Air sets. And he said we need $60 billion for planned or undecided due to Force and inventory personnel, operat- modernization or we are going to go downsizing. Increase of PERSTEMPO, ing locations, and budgets have experi- into a hollow force. The President’s increased stress, concern about job se- enced dramatic downsizing. U.S. Air budget does not come anywhere close curity, declining satisfaction with Force aircraft inventory has declined to that. But yet we need the F–22, we quality of life, and concern for their 31 percent during the last 5 years.’’ need the F–18E/F, we need the B–2, we need the V–22 for special ops. Why? families. Job satisfaction is down two- b 2315 thirds, and leaders say organizations Why do we need these aircraft? Why is are working longer hours. Procurement, Mr. Speaker, has de- it so important? First our equipment is The force is tired, Mr. Speaker, con- clined in the last 7 years by 70 percent. from 1970. cerned about the uncertainty of their We need these new aircraft to survive. This chart that I have, Mr. Speaker, future. Morale is low. The service Since the fall of the Berlin Wall in 1989, points out that the Russians today, the chiefs will tell you that is not true, but America has committed forces to near- threat, they have aircraft, one called just go out and talk to the kids. Morale ly 40 crises. Deployments have in- the MiG–29 which we have parity with is low both at individual and unit lev- creased, as I said, 300 percent since the it with our F–14s and our F–15s and our els. And that is from the commanders Cold War, but yet funding below World F–16s, but they have the SU–35 and the of those that risk their careers by let- War II levels. SU–37 which outmaneuver our aircraft. ting us know these facts. The combined result of a smaller size They have an AA–10 and an AA–12 mis- Fully one-third of both Active and and increased activity is illustrated by sile. On the left side it shows the F–22, Reserve Army leaders surveyed re- the Air Force which deployed 28,900 of you can put an F–18E/F in the same po- ported the problems with outdated or its 441,000 personnel in 1996. The figures sition, but if you had an F–15 or an F– aging equipment; 80 percent of their rose to 63,000 deployed. The previous 14 there and the SU–35, say, on this side equipment is beyond the year 1970. Air figure deployed was 29,000. This year shot or the SU–37 fired its missile, its Combat Command was reporting that 63,000 had to deploy. AA–10 or AA–12 and we fired our F–15Es, the Strike Eagle, had dropped Army, General Reimer, the Army re- AMRAM from an F–14 or an F–15, we below its mission capable standards. duced manpower by 36 percent while in- die. It is a better missile. They have Cannibalization of parts and deploying creasing deployment 300 percent, in- better radar and they can see farther, aircraft are increasing, overextended creased the workload by 625 percent, and our kids die. With the F–18E/F, the maintenance crews. with a decrease in force. Is it any won- stealth characteristics built in those Air Force NCOs recently testified be- der that our kids are getting out? airplanes, instead of shooting each at fore the House National Committee The U.S. Air Force requires 13 of its the same time, we actually get closer that ‘‘higher demand for aging aircraft 20 air wing equivalents to support cur- before the Russian aircraft can see us. parts and fewer resources due to cut- rent operations, or 65 percent of the We are able to fire and leave and the backs in funding drives us to cannibal- combat fighter force. enemy pilot dies. Yes, we need those ization which triples our workload. An average 50 percent of the Navy aircraft, and they are expensive. But Readiness is reduced to lower numbers ships are out of home port. Roughly 30 they give us increased range, they give of aircraft. Our pilots can’t train. percent are deployed. us increased stealthiness, they give us Fewer available missions capable of A good example. We are funded for increased capability. But yet that aircraft results in fewer trained pilots 50.4 hours per quarter steaming in the money is not in the budget to replace and mission accomplishment.’’ Navy. But yet with increased contin- those aircraft in the numbers that we Mr. Speaker, there is another factor gencies, those hours have gone up to need them to continue with a 2 MRC. It that has decreased our readiness. In over 75 hours, the increases there. is more intensive, it is more critical as our downsizing, which was important, But the budget is okay, Mr. Speaker. we go. we had too many overseas bases; it Reserve forces are fairly cheap, until George C. Wilson, contributing editor drew too much from taxpayers and it you actually use them. When you have to the Washington Post, is a former na- drew too much from our services. But to send them to Iraq, when you have to tional defense correspondent for the it has been overdone. Raising both the send them to Bosnia, when you have to Washington Post. He says, ‘‘ ‘We’re workloads on forces and costs of oper- send them to South Korea because having all we can do to fight no wars,’ ations, CONUS-based forces must trav- North Korea rattles its sword, then you a flag officer told me ruefully, com- el farther now and longer to reached have to pay them and, Mr. Speaker, plaining that current commitments deployed areas. that is not in the President’s budget. and force cuts have mooted 2 MRCs Of the 674 Army facilities closed But it is okay. And there are no re- even though Clinton and Cohen won’t worldwide since 1989, 593 were overseas. placements. admit it. The numbers bear him out.’’ We used to go to those overseas bases. And op tempo continues to grow. In Mr. Speaker, I am not going to take We used to get our parts. We used to FY 1997 only 32 percent of the eligible up the whole hour, but I would also get maintenance supplements. We used Air Force aviators accepted a pilot’s like to show this chart. It shows man- to have our aircraft and ships worked bonus to continue service. Our experi- datory outlays in all other spending on at those overseas bases. But now ence is leaving, our war fighters are has increased by 35 percent. Domestic they are closed. So what do you have leaving, our trigger pullers are leaving. discretionary outlays have increased 15 to do? You have to go to Guam and Yet your service chiefs will stand up percent. Defense discretionary outlays Japan and other places in the Atlantic. and say we are well trained, we are have decreased 33 percent. And pro- U.S. Air Force Europe reduced 16 well equipped and we can go. But what curement of new systems, like the F–22 main and 37 minor operating bases to can we go with, Mr. Speaker? We can- that the Air Force needs as its number six bases. Nine U.S. Air Force fighter not fight a 2 MRC. one priority, the Army’s helicopter, H1018 CONGRESSIONAL RECORD — HOUSE March 10, 1998

the Marine Corps V–22 and even the Mr. SHERMAN. The motion was agreed to; accord- Joint Strike Fighter is not there. Mrs. MALONEY of New York. ingly (at 11 o’clock and 24 minutes Mr. Speaker, I was proud of the Re- Mr. SCHUMER. p.m.), the House adjourned until to- publicans and Democrats on the Na- Mr. PAYNE. morrow, Wednesday, March 11, 1998, at tional Security Committee and on the Mr. TOWNS. 10 a.m. House Appropriations Committee, be- Mr. BONIOR. f cause they came to the defense hear- Mr. THOMPSON. EXECUTIVE COMMUNICATIONS, ing, our service chiefs gave as much be- Mr. DOYLE. ETC. tween the lines as they could without Mr. WYNN. losing their jobs, and I am very, very Mr. ORTIZ. Under clause 2 of rule XXIV, execu- proud of them. Our commanders of the Mr. FROST. tive communications were taken from units in all forces got up and gave us Ms. SLAUGHTER. the Speaker’s table and referred as fol- these between-the-line instances that I Mr. LANTOS. lows: have just given during these last few Ms. SANCHEZ. 7864. A letter from the Administrator, moments, Mr. Speaker. Our non- Mr. KIND. Food Safety and Inspection Service, trans- commissioned officers, our master ser- Mr. POSHARD. mitting the Service’s final rule—Food Label- ing: Nutrient Content Claims, Definition of geants, our chiefs, our gunnies said it Mr. MENENDEZ. Term: Healthy [Docket No. 97–035F] (RIN: the best. They said, ‘‘Mr. Chairman,’’ Mr. SKELTON. 0583–AC47) received March 4, 1998, pursuant to the chairman of the committee, ‘‘We Mr. TORRES. to 5 U.S.C. 801(a)(1)(A); to the Committee on cannot continue as men and women in Ms. WOOLSEY. Agriculture. the Armed Forces with the lack of Mr. MANTON. 7865. A letter from the Secretary, Panama readiness and the lack of support that Mr. HINOJOSA. Canal Commission, transmitting the Com- this Nation is giving us.’’ (The following Members (at the re- mission’s final rule—Vessel Transit Reserva- tion System (RIN: 3207–AA40) received March quest of Mrs. KELLY) and to include ex- f 9, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to traneous matter:) the Committee on National Security. LEAVE OF ABSENCE Mr. OXLEY. 7866. A letter from the AMD-Performance By unanimous consent, leave of ab- Mr. HUNTER. Evaluation and Records Management, Fed- sence was granted to: Mr. RILEY. eral Communications Commission, transmit- Mr. SCHIFF (at the request of Mr. Mr. BASS. ting the Department’s final rule— Amend- ment to the Commission’s Rules Regarding a ARMEY) for through March 27 on ac- Mr. HYDE. (The following Members (at the re- Plan for Sharing the Costs of Microwave Re- count of medical reasons. location [WT Docket No. 95–157 RM–8643] re- quest of Mr. CUNNINGHAM) and to in- f ceived March 9, 1998, pursuant to 5 U.S.C. clude extraneous matter:) 801(a)(1)(A); to the Committee on Commerce. SPECIAL ORDERS GRANTED Mr. STARK. 7867. A letter from the AMD—Performance By unanimous consent, permission to Mr. LIPINSKI. Evaluation and Records Management, Fed- address the House, following the legis- Mr. BORSKI. eral Communications Commission, transmit- Mr. LAHOOD. ting the Commission’s final rule—Amend- lative program and any special orders ment of Section 73.202(b), Table of Allot- heretofore entered, was granted to: Mr. PACKARD. Mrs. JOHNSON of Connecticut. ments, FM Broadcast Stations (Arcadia and (The following Members (at the re- Fort Meade, Florida) [Docket No. 97–159 RM– Mrs. MORELLA. quest of Mr. MCNULTY) to revise and 9122] received March 9, 1998, pursuant to 5 extend their remarks and include ex- Mr. MANTON. U.S.C. 801(a)(1)(A); to the Committee on traneous material:) Mr. BROWN of Ohio. Commerce. Ms. MILLENDER-MCDONALD, for 5 min- f 7868. A letter from the AMD-PERM, Fed- utes, today. eral Communications Commission, transmit- SENATE BILL REFERRED ting the Commission’s final rule—Geo- Mr. HOYER, for 5 minutes, today. A bill of the Senate of the following graphic Partitioning and Spectrum Ms. MCCARTHY, for 5 minutes, today. title was taken from the Speaker’s Disaggregation by Commercial Mobile Radio Ms. NORTON, for 5 minutes, today. table and, under the rule, referred as Services Licensees [WT Docket No. 96–148] Mr. FILNER, for 5 minutes, today. received March 9, 1998, pursuant to 5 U.S.C. follows: Mr. ENGEL, for 5 minutes, today. 801(a)(1)(A); to the Committee on Commerce. Mr. DAVIS of Illinois, for 5 minutes, An act to encourage the disclosure to Con- 7869. A letter from the AMD-Performance today. gress of certain classified and related infor- Evaluation and Records Management, Fed- mation; to the Permanent Select Committee eral Communications Commission, transmit- Mrs. MEEK of Florida, for 5 minutes, on Intelligence. ting the Commission’s final rule— Amend- today. f ment of the Commission’s Rules to Establish (The following Members (at the re- New Personal Communications Services, quest of Mrs. KELLY) to revise and ex- BILLS PRESENTED TO THE Narrowband PCS [GEN Docket No. 90–314 ET tend their remarks and include extra- PRESIDENT Docket No. 92–100] received March 9, 1998, neous material:) Mr. THOMAS, from the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Commerce. Mr. RIGGS, for 5 minutes each day, on on House Oversight, reported that that March 11 and 12. 7870. A letter from the District of Columbia committee did on this day present to Auditor, Office of the District of Columbia Mr. DIAZ-BALART, for 5 minutes, the President, for his approval, bills of Auditor, transmitting a report entitled today. the House of the following titles: ‘‘Audit of the Public Service Commission’s Mrs. MORELLA, for 5 minutes, today. H.R. 595. An act to designate the Federal Agency Fund for Fiscal Years 1995 and 1996,’’ Mr. PAUL, for 5 minutes, today. building and United States courthouse lo- pursuant to D.C. Code section 1—233(c)(1); to Mr. JONES, for 5 minutes, on March cated at 475 Mulberry Street in Macon, Geor- the Committee on Government Reform and 11. gia, as the ‘‘William Augustus Bootle Fed- Oversight. Mr. BARTLETT, for 5 minutes, today. eral Building and United States Court- 7871. A letter from the Chairman, Commis- sion on Protecting and Reducing Govern- Mr. SMITH of Michigan, for 5 minutes house.’’ ment Secrecy, transmitting recommenda- each day, today and on March 11. H.R. 3116. An act to address the Year 2000 computer problems with regard to financial tions concerning the classification of na- f institutions, to extend examination parity to tional security information and granting of security clearances, pursuant to Public Law EXTENSION OF REMARKS the Director of the Office of Thrift Super- vision and to the National Credit Union Ad- 103—236, section 910(a) (108 Stat. 529); to the By unanimous consent, permission to ministration, and for other purposes. Committee on Government Reform and revise and extend remarks was granted Oversight. f 7872. A letter from the Deputy Assistant to: ADJOURNMENT Secretary for Budget and Finance, Depart- (The following Members (at the re- ment of Interior, transmitting a report of ac- quest of Mr. MCNULTY) and to include Mr. CUNNINGHAM. Mr. Speaker, I tivities under the Freedom of Information extraneous matter:) move that the House do now adjourn. Act for the calendar year 1997, pursuant to 5 March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1019 U.S.C. 552(d); to the Committee on Govern- 7883. A letter from the General Counsel, Series Airplanes [Docket No. 97–NM–205–AD; ment Reform and Oversight. Department of Transportation, transmitting Amendment 39–10374; AD 98–05–13] (RIN: 2120– 7873. A letter from the Secretary of Health the Department’s final rule—Airworthiness AA64) received March 6, 1998, pursuant to 5 and Human Services, transmitting a report Directives; Cessna Aircraft Company Models U.S.C. 801(a)(1)(A); to the Committee on of activities under the Freedom of Informa- T210N, P210N, and P210R Airplanes [Docket Transportation and Infrastructure. tion Act for the calendar year 1997, pursuant No. 97–CE–62–AD; Amendment 39–10375; AD 7893. A letter from the General Counsel, to 5 U.S.C. 552(d); to the Committee on Gov- 98–05–14] (RIN: 2120–AA64) received March 6, Department of Transportation, transmitting ernment Reform and Oversight. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Airworthiness 7874. A letter from the Assistant Secretary Committee on Transportation and Infra- Directives; Eurocopter France Model SA– for FOIA Matters, U.S. Commodity Futures structure. 365N, SA–365N1, AS–365N2, and SA–366G1 Hel- Trading Commission, transmitting a report 7884. A letter from the General Counsel, icopters [Docket No. 97–SW–53–AD; Amend- of activities under the Freedom of Informa- Department of Transportation, transmitting ment 39–10378; AD 98–05–17] (RIN: 2120–AA64) tion Act for the calendar year 1997, pursuant the Department’s final rule—Procedures for received March 6, 1998, pursuant to 5 U.S.C. to 5 U.S.C. 552(d); to the Committee on Gov- Processing Petitions for Final Compliance 801(a)(1)(A); to the Committee on Transpor- ernment Reform and Oversight. Waivers [Docket No. 29155] received March 6, tation and Infrastructure. 7875. A letter from the Administrator, U.S. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7894. A letter from the General Counsel, General Services Administration, transmit- Committee on Transportation and Infra- Department of Transportation, transmitting ting a draft of proposed legislation to amend structure. the Department’s final rule—Airworthiness Section 616 of the Act of December 22, 1987 7885. A letter from the General Counsel, Directives; Raytheon Model DH 125–1A and (40 U.S.C. 490b), relative to child care serv- Department of Transportation, transmitting -3A Series Airplanes [Docket No. 96–NM–196– ices for Federal employees in Federal build- the Department’s final rule—Airworthiness AD; Amendment 39–10377; AD 98–05–16] (RIN: ings; to the Committee on Government Re- Directives; British Aerospace BAe Model 2120–AA64) received March 6, 1998, pursuant form and Oversight. ATP Airplanes [Docket No. 96–NM–178–AD; to 5 U.S.C. 801(a)(1)(A); to the Committee on 7876. A letter from the Acting Special Amendment 39–10101; AD 97–16–09] (RIN: 2120– Transportation and Infrastructure. Counsel, U.S. Office of Special Counsel, AA64) received March 6, 1998, pursuant to 5 7895. A letter from the General Counsel, transmitting a report of activities under the U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Freedom of Information Act for the calendar Transportation and Infrastructure. the Department’s final rule—Standard In- year 1997, pursuant to 5 U.S.C. 552(d); to the 7886. A letter from the General Counsel, strument Approach Procedures; Miscellane- Committee on Government Reform and Department of Transportation, transmitting ous Amendments [Docket No. 29154; Amdt. Oversight. the Department’s final rule—Airworthiness No. 1854] (RIN: 2120–AA65) received March 6, 7877. A letter from the Chief Counsel, Of- Directives; British Aerospace Model ATP 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the fice of Foreign Assets Control, Department Airplanes [Docket No. 97–NM–191–AD; Committee on Transportation and Infra- of Treasury, transmitting the Department’s Amendment 39–10373; AD 98–05–12] (RIN: 2120– structure. final rule—Blocked Persons, Specially Des- AA64) received March 6, 1998, pursuant to 5 7896. A letter from the General Counsel, ignated Nationals, Specially Designated Ter- U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting rorists, Specially Designated Narcotics Traf- Transportation and Infrastructure. the Department’s final rule—Standard In- fickers, and Blocked Vessels; Addition of 7887. A letter from the General Counsel, strument Approach Procedures; Miscellane- Foreign Terrorist Organizations; Removal of Department of Transportation, transmitting ous Amendments [Docket No. 29152; Amdt. One Individual [31 CFR Chapter V] received the Department’s final rule—Airworthiness No. 1852] (RIN: 2120–AA65) received March 6, November 21, 1997, pursuant to 5 U.S.C. Directives; Raytheon Aircraft Company 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on the Judici- Model 1900D Airplanes (Formerly Known as Committee on Transportation and Infra- ary. Beech Aircraft Corporation Model 1900D Air- structure. 7878. A letter from the General Counsel, planes) [Docket No. 97–CE–73–AD; Amend- 7897. A letter from the General Counsel, Department of Transportation, transmitting ment 39–10111; AD 97–17–08] (RIN: 2120–AA64) Department of Transportation, transmitting the Department’s final rule—Nondiscrimina- received March 6, 1998, pursuant to 5 U.S.C. the Department’s final rule—Amendment to tion on the Basis of Disability in Air Travel 801(a)(1)(A); to the Committee on Transpor- Class E Airspace; Laconia, NH [Docket No. [Docket OST–96–1880] (RIN: 2105–AC28) re- tation and Infrastructure. 98–ANE–92] received March 6, 1998, pursuant ceived March 6, 1998, pursuant to 5 U.S.C. 7888. A letter from the General Counsel, to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting Transportation and Infrastructure. tation and Infrastructure. the Department’s final rule—Airworthiness 7898. A letter from the General Counsel, 7879. A letter from the General Counsel, Directives; Ayres Corporation S2R Series Department of Transportation, transmitting Department of Transportation, transmitting Airplanes [Docket No. 97–CE–65–AD; Amend- the Department’s final rule—Amendment to the Department’s final rule—Airworthiness ment 39–10105; AD 97–17–03] (RIN: 2120–AA64) Class E Airspace; Laconia, NH [Airspace Directives; American Champion Aircraft received March 6, 1998, pursuant to 5 U.S.C. Docket No. 98–ANE–92] received March 6, Corp. Model 8GCBC Airplanes [Docket No. 801(a)(1)(A); to the Committee on Transpor- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 97–CE–37–AD; Amendment 39–10365; AD 98–05– tation and Infrastructure. Committee on Transportation and Infra- 04] (RIN: 2120–AA64) received March 6, 1998, 7889. A letter from the General Counsel, structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting 7899. A letter from the General Counsel, mittee on Transportation and Infrastruc- the Department’s final rule—Airworthiness Department of Transportation, transmitting ture. Directives; Robinson Helicopter Company the Department’s final rule—Airworthiness 7880. A letter from the General Counsel, Model R44 Helicopters [Docket No. 97–SW–62– Directives; MT-Propeller Entwicklung Department of Transportation, transmitting AD; Amendment 39–10371; AD 98–05–10] (RIN: GMBH Model MTV–3–B-C Propellers (RIN: the Department’s final rule—Airworthiness 2120–AA64) received March 6, 1998, pursuant 2120–AA64) received March 6, 1998, pursuant Directives; Aeromot-Industria Mecanico to 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Metalurgica Ltda. Models AMT–100 and Transportation and Infrastructure. Transportation and Infrastructure. AMT–200 Powered Gliders [Docket No. 97– 7890. A letter from the General Counsel, 7900. A letter from the General Counsel, CE–78–AD; Amendment 39–10366; AD 98–05–05] Department of Transportation, transmitting Department of Transportation, transmitting (RIN: 2120–AA64) received March 6,1998, pur- the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Directives; Bombardier Model CL–215–6B11 Directives; General Electric Company CJ610 tee on Transportation and Infrastructure. (CL–215T) Series Airplanes [Docket No. 97– Series Turbojet and CF700 Series Turbofan 7881. A letter from the General Counsel, NM–328–AD; Amendment 39–10372; AD 98–05– Engines [Docket No. 97–ANE–21–AD; Amend- Department of Transportation, transmitting 11] (RIN: 2120–AA64) received March 6, 1998, ments 39–10232; AD 97–25–08] (RIN: 2120–AA64) the Department’s final rule—Airworthiness pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received March 6, 1998, pursuant to 5 U.S.C. Directives; Pilatus Aircraft Ltd. Model PC–12 mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- Airplanes [Docket No. 97–CE–98–AD; Amend- ture. tation and Infrastructure. ment 39–10367; AD 98–05–06] (RIN: 2120–AA64) 7891. A letter from the General Counsel, 7901. A letter from the General Counsel, received March 6, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness the Department’s final rule—Standard In- tation and Infrastructure. Directives; Dornier Model 328–100 Series Air- strument Approach Procedures; Miscellane- 7882. A letter from the General Counsel, planes [Docket No. 97–NM–103–AD; Amend- ous Amendments [Docket No. 29153; Amdt. Department of Transportation, transmitting ment 39–10369; AD 98–05–08] (RIN: 2120–AA64) No. 1853] (RIN: 2120–AA65) received March 6, the Department’s final rule—Airworthiness received March 6, 1998, pursuant to 5 U.S.C. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; SIAI Marchetti, S.r.1 Models 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- SF600 and SF600A Airplanes [Docket No. 97– tation and Infrastructure. structure. CE–64–AD; Amendment 39–10376; AD 98–05–15] 7892. A letter from the General Counsel, 7902. A letter from the General Counsel, (RIN: 2120–AA64) received March 6, 1998, pur- Department of Transportation, transmitting Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness tee on Transportation and Infrastructure. Directives; Airbus Model A310 and A300–600 Directives; British Aerospace (Jetstream) H1020 CONGRESSIONAL RECORD — HOUSE March 10, 1998 Model 4101 Airplanes [Docket No. 97–NM–143– ministration’s final rule—Limit On Duty- By Mr. BAKER: AD; Amendment 39–10368; AD 98–05–07] (RIN: Free Insular Watches In Calendar Year 1998 H.R. 3413. A bill to amend the Federal 2120–AA64) received March 6, 1998, pursuant [Docket No. 971021249–8006–02] (RIN: 0625– Credit Union Act to allow groups which com- to 5 U.S.C. 801(a)(1)(A); to the Committee on AA50) received February 5, 1998, pursuant to prise the membership of any Federal credit Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on union to continue to comprise such member- 7903. A letter from the General Counsel, Ways and Means. ship; to the Committee on Banking and Fi- Department of Transportation, transmitting f nancial Services. the Department’s final rule—Airworthiness By Mr. CALLAHAN: Directives; Empresa Brasileira on REPORTS OF COMMITTEES ON H.R. 3414. A bill to suspend temporarily the Aeronatutica, S.A.(EMBRAER) Model EMB– PUBLIC BILLS AND RESOLUTIONS duty on the chemical KL540; to the Commit- 120 Series Airplane [Docket No. 97–NM–46– Under clause 2 of rule XIII, reports of tee on Ways and Means. AD; Amendment 38–10249; AD 97–26–08] (RIN: By Mr. CALLAHAN: 2120–AA64) received March 6, 1998, pursuant committees were delivered to the Clerk H.R. 3415. A bill to suspend temporarily the to 5 U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper duty on the chemical methyl thioglycolate; Transportation and Infrastructure. calendar, as follows: to the Committee on Ways and Means. 7904. A letter from the General Counsel, Mr. BURTON: Committee on Government By Mr. ENGLISH of Pennsylvania: Department of Transportation, transmitting Reform and Oversight. H.R. 2883. A bill to H.R. 3416. A bill to suspend until January the Department’s final rule—Airworthiness amend provisions of law enacted by the Gov- 1, 2001, the duty on tebufenozide; to the Com- Directives; Airbus Model A300, A310, and ernment Performance and Results Act of 1993 mittee on Ways and Means. A300–600 Series Airplanes [Docket No. 96– to improve Federal agency strategic plans By Mr. FRELINGHUYSEN: NM–155–AD; Amendment 39–10177; AD 97–22– and performance reports; with an amend- H.R. 3417. A bill to suspend temporarily the 06] (RIN: 2120–AA64) received March 6, 1998, ment (Rept. 105–429). Referred to the Com- duty on organic luminescent pigments, dyes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee of the Whole House on the State of and fibers for security applications; and, 4– mittee on Transportation and Infrastruc- the Union. Hexylresorcinol; to the Committee on Ways ture. Mr. HASTINGS of Washington: Committee and Means. 7905. A letter from the General Counsel, on Rules. House Resolution 382. Resolution By Mr. FRELINGHUYSEN: Department of Transportation, transmitting providing for consideration of the bill (H.R. H.R. 3418. A bill to suspend temporarily the the Department’s final rule—Airworthiness 992) to end the Tucker Act shuffle (Rept. 105– duty on polymethine sensitizing dyes for Directives; Extra Flugzeugbau, GmbH. Model 430). Referred to the House Calendar. photo/imaging applications; and, certain EA–300/200 Airplanes [Docket No. 97–CE–80– Mr. LINDER: Committee on Rules. House fluorozirconium compounds; to the Commit- AD; Amendment 39–10174; AD 97–22–03] (RIN: Resolution 383. Resolution providing for con- tee on Ways and Means. 2120–AA64) received March 6, 1998, pursuant sideration of the bill (H.R. 1432) to authorize By Mr. HOUGHTON: to 5 U.S.C. 801(a)(1)(A); to the Committee on a new trade and investment policy for sub- H.R. 3419. A bill to provide for the liquida- Transportation and Infrastructure. Saharan Africa (Rept. 105–431). Referred to tion or reliquidation of certain entries of 7906. A letter from the General Counsel, the House Calendar. mueslix cereals; to the Committee on Ways Department of Transportation, transmitting Mr. GILMAN: Committee of Conference. and Means. the Department’s final rule—Airworthiness Conference report on H.R. 1757. A bill to con- By Mr. HYDE (for himself, Mr. SENSEN- Directives; Teledyne Continental Motors E– solidate international affairs agencies, to au- BRENNER, Mr. GEKAS, Mr. COBLE, Mr. 165, E–185, E–225, O–470 and IO–470 Series Re- thorize appropriations for the Department of SMITH of Texas, Mr. CANADY of Flor- ciprocating Engines [Docket No. 97–ANE–39– State and related agencies for fiscal years ida, Mr. INGLIS of South Carolina, AD; Amendment 39–10155, AD 97–21–02] (RIN: 1998 and 1999, and for other purposes (Rept. Mr. GOODLATTE, Mr. BRYANT, Mr. 2120–AA64) received March 6, 1998, pursuant 105–432). Ordered to be printed. BARR of Georgia, Mr. HUTCHINSON, to 5 U.S.C. 801(a)(1)(A); to the Committee on f Mr. ROGAN, and Mr. GRAHAM): Transportation and Infrastructure. H.R. 3420. A bill to amend title 28, United 7907. A letter from the General Counsel, PUBLIC BILLS AND RESOLUTIONS States Code, to clarify the method for filling Department of Transportation, transmitting Under clause 5 of Rule X and clause 4 vacancies in the Department of Justice; to the Department’s final rule—Revocation and of Rule XXII, public bills and resolu- the Committee on the Judiciary, and in addi- Establishment of Class D; and Revocation, tion to the Committee on Government Re- Establishment and Modification of Class E tions were introduced and severally re- form and Oversight, for a period to be subse- Airspace Areas; Olathe, Johnson County In- ferred, as follows: quently determined by the Speaker, in each dustrial Airport, KS [Airspace Docket No. By Mr. WICKER: case for consideration of such provisions as 98–ACE–5] received March 6, 1998, pursuant to H.R. 3409. A bill to suspend temporarily the fall within the jurisdiction of the committee 5 U.S.C. 801(a)(1)(A); to the Committee on duty on a chemical known as 5-tertiary concerned. Transportation and Infrastructure. butyl-isophthalic acid; to the Committee on By Mr. SAM JOHNSON: 7908. A letter from the General Counsel, Ways and Means. H.R. 3421. A bill to amend section 313(p)(3) Department of Transportation, transmitting By Mr. SMITH of Oregon: of the Tariff Act of 1930 to allow duty draw- the Department’s final rule—IFR Altitudes; H.R. 3410. A bill to amend the Immigration back for Methyl Tertiary-butyl Ether Miscellaneous Amendments [Docket No. and Nationality Act to establish a 24-month (‘‘MTBE’’), a finished petroleum derivative; 29080; Amdt. No. 406] received March 6, 1998, pilot program permitting certain aliens to be to the Committee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- admitted into the United States to provide By Mr. SAM JOHNSON: mittee on Transportation and Infrastruc- temporary or seasonal agricultural services H.R. 3422. A bill to amend the Tariff Act of ture. pursuant to a labor condition attestation 1930 with respect to drawback for finished pe- 7909. A letter from the General Counsel, and to offset those admissions with tem- troleum derivatives; to the Committee on Department of Transportation, transmitting porary reductions in diversity and unskilled Ways and Means. the Department’s final rule—IFR Altitudes; workers’ immigrant visas; to the Committee By Mr. SAM JOHNSON: Miscellaneous Amendments [Docket No. on the Judiciary, and in addition to the H.R. 3423. A bill to amend the Tariff Act of 29079; Amdt. No. 405] received March 6, 1998, Committee on Education and the Workforce, 1930 with respect to drawback for finished pe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for a period to be subsequently determined troleum derivatives; to the Committee on mittee on Transportation and Infrastruc- by the Speaker, in each case for consider- Ways and Means. ture. ation of such provisions as fall within the ju- By Mr. LAHOOD: 7910. A letter from the Chief, Regulations risdiction of the committee concerned. H.R. 3424. A bill to provide for reductions Unit, Internal Revenue Service, transmitting By Mrs. MORELLA: in duty for the chemical Rimsulfuron Tech- the Service’s final rule—Examination of re- H.R. 3411. A bill to establish a commission nical; to the Committee on Ways and Means. turns and claims for refund, credit, or abate- to review, and make recommendations with By Mr. LAHOOD: ment; determination of correct tax liability respect to, leadership in mathematics edu- H.R. 3425. A bill to provide for reductions [Revenue Procedure 98–24] received March 9, cation; to the Committee on Science, and in in duty for carbamic acid (U–9069); to the 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the addition to the Committee on Education and Committee on Ways and Means. Committee on Ways and Means. the Workforce, for a period to be subse- By Mr. LAHOOD: 7911. A letter from the Chief, Regulations quently determined by the Speaker, in each H.R. 3426. A bill to provide for reductions Unit, Internal Revenue Service, transmitting case for consideration of such provisions as in duty for the chemical DPX-E9260; to the the Service’s final rule—Introduction To fall within the jurisdiction of the committee Committee on Ways and Means. Employee Plans Compliance Resolution Sys- concerned. By Mr. LAHOOD: tem [Rev. Proc. 98–22] received March 9, 1998, By Mr. TALENT (for himself and Ms. H.R. 3427. A bill to suspend temporarily the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- VELAZQUEZ): duty on the chemical DPX-E6758; to the mittee on Ways and Means. H.R. 3412. A bill to amend and make tech- Committee on Ways and Means. 7912. A letter from the Assistant Secretary nical corrections in title III of the Small By Mr. MATSUI: For Import Administration, International Business Investment Act; to the Committee H.R. 3428. A bill to suspend temporarily the Trade Administration, transmitting the Ad- on Small Business. duty on a certain drug substance used as an March 10, 1998 CONGRESSIONAL RECORD — HOUSE H1021

HIV Antiviral Drug; to the Committee on H.R. 1500: Mr. WYNN, Mr. COSTELLO, and H.R. 3234: Mr. BURTON of Indiana. Ways and Means. Ms. KILPATRICK. H.R. 3240: Ms. FURSE, Mr. LEWIS of Georgia, By Mr. MATSUI: H.R. 1689: Mr. GILLMOR. Mr. FROST, and Mr. FRANK of Massachusetts. H.R. 3429. A bill to suspend temporarily the H.R. 1715: Mr. BACHUS, Mr. MANZULLO, and H.R. 3246: Mr. MCINTOSH, Mr. PAUL, and Mr. duty on a certain drug substance used in the Mr. RUSH. STUMP. formulation of HIV Antiviral Drug; to the H.R. 1788: Mr. DELAHUNT and Mr. SHAYS. H.R. 3248: Mr. SCARBOROUGH, Mr. SHEEN, Committee on Ways and Means. H.R. 1812: Mr. RADANOVICH. and Mr. RADANOVICH. By Mr. MCDERMOTT: H.R. 1858: Mr. HINOJOSA. H.R. 3259: Mr. BOUCHER. H.R. 3430. A bill to suspend temporarily the H.R. 1895: Mr. MCDERMOTT, Mr. MILLER of H.R. 3262: Mr. MCHALE and Mr. UNDER- duty on certain polyethylene base materials; California, Mr. GONZALEZ, Mr. HOYER, Ms. WOOD. to the Committee on Ways and Means. DELAURO, Mr. STARK, Mr. FALEOMAVAEGA, H.R. 3265: Mr. NORWOOD, Mr. MCINTYRE, Mr. By Mrs. ROUKEMA: Ms. KAPTUR, Mr. ENGEL, Mr. FROST, and Mr. VISCLOSKY, Mr. MORAN of Virginia, Mr. H.R. 3431. A bill to suspend until December KUCINICH. BUYER, Ms. DUNN of Washington, Mr. 31, 2000, the duty on Benzenepropanal, 4-(1,1– H.R. 1951: Mr. BARCIA of Michigan, Mr. REDMOND, Mr. CLEMENT, Mr. METCALF, Mr. Dimethylethyl)-Methyl-; to the Committee QUINN, and Ms. HARMAN. BURR of North Carolina, Mr. INGLIS of South on Ways and Means. H.R. 2019: Mr. PETRI, Mr. HILLEARY, Mr. Carolina, Ms. WOOLSEY, Mr. GIBBONS, Mr. By Mr. THOMAS: WAMP, Mr. NEY, Ms. PRYCE of Ohio, Mrs. CHABOT, Mr. BONILLA, Mrs. LINDA SMITH of H.R. 3432. A bill to amend the Tariff Act of EMERSON, and Mr. OXLEY. Washington, Mr. GOODLING, Mr. MCINTOSH, H.R. 2020: Mr. BORSKI and Mr. FATTAH. 1930 to provide that 5-year reviews of coun- and Mr. HANSEN. H.R. 2052: Mr. OWENS and Mr. NADLER. tervailing duty or antidumping duty orders H.R. 3269: Mr. DAVIS of Illinois, Mr. BONIOR, H.R. 2088: Mr. CALVERT. would not be conducted in certain cases in Mr. BROWN of California, Mr. FORD, Mr. H.R. 2094: Mr. ACKERMAN. which the merchandise subject to the orders STARK, and Mr. UNDERWOOD. H.R. 2228: Ms. HARMAN. was prohibited from being imported into the H.R. 3279: Mr. ROMERO-BARCELO, Mr. H.R. 2365: Mr. GILMAN and Ms. SLAUGHTER. MCDERMOTT, Mr. KLECZKA, Ms. STABENOW, United States because of trade sanctions im- H.R. 2409: Mr. MORAN of Kansas and Mr. Mr. BOYD, Mr. FROST, Ms. FURSE, Ms. WOOL- posed against the country in which the mer- NEAL of Massachusetts. SEY, Mr. HOLDEN, Mr. BONIOR, Mr. KENNEDY chandise originates; to the Committee on H.R. 2526: Mr. BENTSEN. Ways and Means. H.R. 2537: Mr. BILBRAY. of Rhode Island, Mr. RUSH, and Mr. WEXLER. By Ms. SLAUGHTER: H.R. 2549: Mr. HINCHEY, Mr. DELAHUNT, Mr. H.R. 3295: Mr. SABO, Mr. HALL of Ohio, Mr. H. Con. Res. 239. Concurrent resolution ex- HOLDEN, Mrs. MORELLA, and Mr. BRYANT. KILDEE, Mr. TRAFICANT, Mr. SANDERS, Mr. pressing the sense of Congress concerning H.R. 2593: Mr. MALONEY of Connecticut. WATTS of Oklahoma, Mr. STUMP, and Mr. the worldwide trafficking of persons, that H.R. 2670: Mr. LOBIONDO, Mr. DELAHUNT, ACKERMAN. has a disproportionate impact on women and Mr. PASCRELL, and Mr. FALEOMAVAEGA. H.R. 3331: Mr. SOLOMON, Mr. ROHRABACHER, girls, and is condemned by the international H.R. 2689: Mr. GILCHREST and Mrs. CUBIN. Mr. WATTS of Oklahoma, Mr. ISTOOK, Mr. community as a violation of fundamental H.R. 2695: Ms. NORTON and Mr. CUMMINGS. JONES, and Mr. CANNON. human rights; to the Committee on Inter- H.R. 2699: Mr. LAMPSON and Ms. PELOSI. H.R. 3336: Mr. HASTINGS of Florida and Mr. national Relations, and in addition to the H.R. 2754: Mr. OBERSTAR, Mr. YATES, Mr. DIAZ-BALART. Committee on the Judiciary, for a period to BERMAN, Mr. LAMPSON, and Mrs. MINK of Ha- H.R. 3399: Mr. ENGLISH of Pennsylvania. be subsequently determined by the Speaker, waii. H.R. 3400: Mr. ABERCROMBIE, Mr. BROWN of in each case for consideration of such provi- H.R. 2775: Mr. KLINK, Mr. WELDON of Penn- California, Mr. CLAY, Mr. ALLEN, Mr. MCGOV- sions as fall within the jurisdiction of the sylvania, Mr. FOX of Pennsylvania, Mr. ERN, and Mr. VENTO. committee concerned. PITTS, and Mr. MCDADE. H.J. Res. 66: Mr. FALEOMAVAEGA. H.R. 2828: Mr. DAVIS of Virginia and Mr. H.J. Res. 100: Mr. BEREUTER, Mr. PICKETT, f DIAZ-BALART. Mr. SPENCE, Mr. BILBRAY, and Mr. DEFAZIO. ADDITIONAL SPONSORS H.R. 2829: Mr. KENNEDY of Massachusetts, H.J. Res. 114: Mr. MILLER of Florida, Mr. Mr. MILLER of California, Mr. QUINN, Mr. SOLOMON, Mr. METCALF, Mr. WATTS of Okla- Under clause 4 of rule XXII, sponsors TALENT, and Mr. WOLF. homa, and Mr. LATHAM. were added to public bills and resolu- H.R. 2837: Mr. BEREUTER. H. Con. Res. 12: Mr. DEFAZIO. tions as follows: H.R. 2888: Mrs. MYRICK. H. Con. Res. 83: Mr. VENTO. H.R. 2908: Mrs. MINK of Hawaii, Mr. H.R. 96: Mr. LAMPSON, Mr. ADERHOLT, and H. Con. Res. 152: Mr. CRANE. DEFAZIO, Mr. DREIER, Mr. HOSTETTLER, Mr. Mr. HAYWORTH. H. Con. Res. 203: Mr. WYNN. RAHALL, Mr. KING of New York, Mr. PETER- H.R. 349: Mr. HOSTETTLER. H. Con. Res. 206: Mr. RILEY. SON of Pennsylvania, and Ms. WOOSLEY. H.R. 532: Mr. RODRIGUEZ, Mr. BRADY, Mr. H. Con. Res. 211: Mr. HALL of Ohio, Mr. H.R. 2912: Mr. HILLEARY, Mr. BRYANT, and GREEN, Mr. CRAMER, and Mr. HALL of Texas. DUNCAN, Mr. GILMAN, Mr. RYUN, Mr. CLEM- Ms. DANNER. H.R. 539: Mr. FROST and Mr. DAVIS of Illi- ENT, and Mr. DOOLITTLE. H.R. 2914: Mrs. ROUKEMA. nois. H. Con. Res. 212: Mr. ENSIGN, Mr. BOSWELL, H.R. 2925: Mr. TORRES. H.R. 620: Mr. HOUGHTON. Mr. LEACH, Mr. TRAFICANT, Mr. MATSUI, Mr. H.R. 2931: Mr. COYNE AND MR. HOLDEN. H.R. 815: Mrs. MINK of Hawaii. BOEHNER, Mr. SESSIONS, Mr. ISTOOK, and Mr. H.R. 2938: Mr. FROST. WATKINS. H.R. 906: Mr. PETRI. H.R. 2990: Mr. BENTSEN, Mr. MURTHA, Mr. H. Con. Res. 233: Ms. SLAUGHTER. H.R. 922: Mr. BACHUS, Mr. BOB SCHAFFER, SABO, Mr. HOLDEN, Ms. BROWN of Florida, Mr. H. Res. 267: Mr. UPTON and Mr. MARTINEZ. and Mr. FROST. KILDEE, Mr. BARCIA of Michigan, Mr. CLEM- H. Res. 340: Mr. ALLEN. H.R. 923: Mr. BACHUS, Mr. CALVERT, Mr. ENT, Mr. BORSKI, Mr. WAXMAN, Ms. EDDIE H. Res. 361: Mr. GILMAN. BOB SCHAFFER, and Mr. FROST. BERNICE JOHNSON of Texas, Mr. RUSH, Ms. H. Res. 364: Mr. BERMAN, Mr. FOX of Penn- H.R. 981: Ms. PELOSI, Mr. MCHALE, Mr. DEGETTE, Mr. BOB SCHAFFER, Mr. TIERNEY, sylvania, Mr. SALMON, and Mr. PAYNE. MANTON, Mr. KENNEDY of Massachusetts, Mr. Ms. CHRISTIAN-GREEN, Mr. DEUTSCH, Mr. f BROWN of California, Mr. BALDACCI, Mr. OLVER, Mr. MCINNIS, Mr. MEEHAN, Mr. MOAK- FRANK of Massachusetts, Mr. RAMSTAD, Mr. LEY, and Ms. ESHOO. DELETIONS OF SPONSORS FROM FARR of California, Mr. MARKEY, and Mr. H.R. 3039: Mr. KENNEDY of Massachusetts. PUBLIC BILLS AND RESOLUTIONS DIXON. H.R. 3048: Mr. EVANS, Ms. WOOLSEY, Mr. H.R. 928: Mr. PALLONE. SANDLIN, and Mr. WALSH. Under clause 4 of rule XXII, sponsors H.R. 1023: Mrs. NORTHUP. H.R. 3097: Mr. SPENCE, Mr. NEY, Mr. MCIN- were deleted from public bills and reso- H.R. 1037: Mr. BUNNING of Kentucky and TYRE, Mr. LEWIS of Kentucky, and Mr. lutions as follows: Mr. NEAL of Massachusetts. NUSSLE. H.R. 2495: Mr. GEJDENSON. H.R. 1061: Mr. CAMP and Mr. FOLEY. H.R. 3107: Mr. UNDERWOOD. H.R. 1114: Mr. FATTAH. H.R. 3110: Mr. DAVIS of Virginia, Mr. WOLF, f H.R. 1126: Ms. HARMAN. and Mr. MCINTOSH. AMENDMENTS H.R. 1134: Mr. BLAGOJEVICH, Mr. LEWIS of H.R. 3131: Mr. PALLONE. Kentucky, and Mr. SOLOMON. H.R. 3211: Mr. SESSIONS, Mr. STEARNS, Mr. Under clause 6 of rule XXIII, H.R. 1151: Mr. SNYDER, Mr. METCALF, Mr. JENKINS, Mr. WATTS of Oklahoma, Mr. proprosed amendments were submitted ROEMER, and Mr. FORD. FRANKS of New Jersey, Mr. HOLDEN, Mr. as follows: H.R. 1285: Mr. PETERSON of Minnesota. SKELTON, Mr. CUNNINGHAM, Mr. METCALF, H.R. 992 H.R. 1302: Mr. CLYBURN. Mr. FOSSELLA, Mr. SCARBOROUGH, Mr. H.R. 1334: Ms. ROS-LEHTINEN, Ms. EDDIE BISHOP, Mr. PASTOR, Mrs. KELLY, Ms. HAR- OFFERED BY: MR. SMITH OF TEXAS BERNICE JOHNSON of Texas, and Mrs. LOWEY. MAN, Mr. GIBBONS, Mr. BARTLETT of Mary- AMENDMENT NO. 1: Page 3, after line 12, in- H.R. 1375: Mr. LAMPSON and Mr. GREEN. land, Mr. PORTMAN, and Mr. BUNNING of Ken- sert the following: H.R. 1387: Mr. WAXMAN. tucky. (4) PRECLUSIVE REVIEW.—The grant of juris- H.R. 1401: Mr. BLUMENAUER, Mr. ABER- H.R. 3217: Mr. SHAW, Mr. NUSSLE, Mr. diction made by this subsection does not ex- CROMBIE, and Mr. WATKINS. CHRISTENSEN, and Mr. MORAN of Virginia. tend to matters over which other Federal H1022 CONGRESSIONAL RECORD — HOUSE March 10, 1998 law has granted exclusive jurisdiction to one fifth article of amendment to the Constitu- Page 3, line 21, strike ‘‘(d)’’ and insert or more United States courts of appeals. tion of the United States. ‘‘(b)’’. H.R. 992 (2) ELECTION BY PLAINTIFF.—The plaintiff may elect to file separate actions relating to Page 4, strike lines 5 through 9. OFFERED BY: MR. WATT OF NORTH CAROLINA such claims in the United States district Page 4, strike lines 10 through 17 and insert AMENDMENT NO. 2: Beginning on page 2, court and the Court of Federal Claims, or the following: strike line 8 and all that follows through may consolidate all such claims in the page 3, line 20, and insert the following: United States district court. SEC. 3. CLARIFICATION OF LIMITATION ON FED- ERAL CLAIMS COURT JURISDICTION (1) GRANT OF JURISDICTION TO UNITED (3) PRECLUDIVE OR EXCLUSIVE REVIEW.— BECAUSE OF PENDING CLAIMS IN STATES DISTRICT COURTS.—The United States Nothing in this section shall be construed to OTHER COURTS. district courts shall have original jurisdic- affect any provision of a Federal statute tion to hear and determine all claims, not- which gives preclusive or exclusive jurisdic- Section 1500 of title 28, United States Code, withstanding the dollar amount, arising out tion of a specific cause of action to the is amended by inserting ‘‘, arising from the of an agency action alleged to constitute a United States court of appeals or to specific same operative facts and seeking the same taking without just compensation under the United States district courts. relief,’’ after ‘‘claim’’.